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7,884	Alan Schreiber	Washington State University ‚Äì Pullman	[ "7884_101.pdf", "7884_101.pdf" ]	{"7884_101.pdf": "\"Several co-workers of a professor complained in 1997 that he made numerous sexual remarks, asked personal questions and engaged in other inappropriate and unwelcome comments. The university found that the professor, Alan Schreiber, had violated university policy on sexual harassment, and improperly engaged in a sexual relationship with a subordinate. Schreiber denied most of the allegations or said they had been misconstrued. He resigned.\" SOURCE: Shawn Vestal Staff writer. (September 3, 2006 Sunday). Assault cases confront tenure suit strains evolving policies. Spokesman Review (Spokane, WA). com.proxy1.cl.msu.edu/api/document?collection=news&id=urn:contentItem:4KV8- N5B0-TWSR-V35R-00000-00&context=1516831."}
7,383	Jason Casares	Indiana University - Bloomington	[ "7383_101.pdf", "7383_102.pdf", "7383_103.pdf", "7383_104.pdf", "7383_105.pdf", "7383_106.pdf", "7383_107.pdf", "7383_108.pdf" ]	{"7383_101.pdf": "This piece expresses the views of its author(s), separate from those of this publication. Casares' case: Scars, damage and lessons to be considered Our Opinion Editorial staff The Herald Times Published 2:00 a.m April 16, 2016 As the saying goes, it takes a mighty thin pancake not to have two sides. Until this week, the case of Jason Casares has been as close as one could come to a one-sided pancake. The former deputy Title coordinator and associate dean of students at Indiana University Bloomington was accused by a professional colleague from another university of sexual misconduct letter posted by New York University administrator Jill Creighton on her Twitter account alleged Casares took advantage of her after she\u2019d had too much to drink at a conference in Texas. Investigations into the charges, including a probe by the Fort Worth, Texas, Police Department, have been completed with no charges of wrongdoing against Casares. Casares, though, was charged and convicted in the minds of many people without benefit of an investigation, let alone a trial. He lost his job at and just this week, made his side of the pancake known on an Internet blog post in which he cited the different investigations that could not substantiate any of the claims. Need a break? Play the Daily Crossword Puzzle. \u201cThe fact remains, three (3) separate and independent investigation units/firms determined the allegations against me \u2014 are not true. Average citizens may have one finding (criminal), our students at times may have two findings (Title and criminal), and then have three (3). Yes, three (3),\u201d Casares wrote in the blog post. \u201cWhat more can do to demonstrate the facts and the truth?\u201d 2/21/25, 7:45 Casares' case: Scars, damage and lessons to be considered 1/2 This represents another side of what\u2019s considered to be a sexual assault epidemic on university campuses, including Indiana University. Excessive drinking occurs and so does sexual activity, many times withclear situations of rape or sexual assault. But sometimes the facts are fuzzy and the evidence sparse. That\u2019s why prosecuting attorneys don\u2019t go forward with all sexual assault reports brought to them. That doesn\u2019t mean women should be reluctant about taking their cases forward to authorities. By all means, incidents must be reported. However, the justice system is based on innocent until proven guilty, and our society needs to believe in that premise and be patient enough and strong enough to let that run its course. In Casares\u2019 case, the incident in which he was involved was exacerbated by his position at IU, one in which he listened to and acted on complaints much like the one lodged against him. Also, both he and Creighton were members of the board of the Association for Student Conduct Administration, and they were attending a conference of the Association of Fraternity/Sorority Advisors. Members of that board and participants at that conference should have been well aware of the kind of issue that arose between Casares and Creighton. Still, words Casares posted on his blog describe the fallout from what\u2019s happened very well. \u201cIt was an occasion that left nothing but scars, destruction and damage in its wake. There are no winners, only losers, and for myself, what is lost cannot truly be replaced.\u201d We can learn from this that actions matter, but allegations are just that \u2014 and it\u2019s important not to rush to judgment. 2/21/25, 7:45 Casares' case: Scars, damage and lessons to be considered 2/2", "7383_102.pdf": "Indiana University's Associate Dean of Students and Deputy Title Director, Jason Casares, is on paid leave as the university investigates a sexual assault claim made by an employee of another un... Jason Casares 2/26/16 UPDATE: Indiana University issued a statement Feb. 26 stating that Jason Casares has resigned STORY: Indiana University's Associate Dean of Students and Deputy Title Director, Jason Casares, is on paid leave as the university investigates a sexual assault claim made by an employee of another university spokesperson Mark Land confirmed. Casares was named to the position in June 2011 administrator Casares resigns amid sexual assault claim Author: WTHR.com staff Published: 9:56 February 5, 2016 Updated: 6:46 April 14, 2016 Indianapolis lunch lady, Mis Bev, known for her handma rosaries \| Inspiring Indiana Ad 1 of 1 Ad 1 of 1 2/21/25, 7:46 administrator Casares resigns amid sexual assault claim \| wthr.com 1/4 The claim is from Jill Creighton, the president-elect of the Association for Student Conduct Administration. She says the assault happened at the association's Forth Worth, Texas conference in Dec. 2015. She wrote an open letter to the association and conference attendees stating her case. Read the letter here made the mistake of letting my guard down while socializing with Jason about Association business,\" Creighton said. \"Jason took advantage of me after had had too much to drink.\" She said she filed a complaint with Texas police because she felt unsafe. She also asked to impeach Casares. Casares later resigned from his position as the Association's president-elect after several impeachment hearings also could not stand the hypocrisy of Jason parading his expertise on Title IX, knowing how he had behaved with me,\" Creighton wrote in the letter. Creighton said she feels like she is risking her position as future president by speaking out about the incident with Casares. She said the Association has not supported her said Thursday it had received a formal complaint from Creighton in December and is investigating the incident, although Casares remains a member of the organization and can still present at conferences. Casares is on paid leave from as the university now investigates the claim. You can read more here from the Indiana Daily Student. 2/21/25, 7:46 administrator Casares resigns amid sexual assault claim \| wthr.com 2/4 War Thunder \| Sponsored Play War Thunder now for free Fight in over 2000 unique and authentic Vehicles. Fight on Land, on Water and in the Air. Join the most comprehensive vehicular combat game. Over 2000 tanks, ships and aircraft. Play Now Techno Mag \| Sponsored Access all channels anywhere, anytime Crossout \| Sponsored Crossout: New Apocalyptic Check out the new Crossout 2.0 for free. Discover PvP and PvE in our upgraded Action MMO. Countless unique Vehicles, PvE and PvP, Trading. Are you ready? Destroy vehicles your opponent took hours to \u2026 Play Now War Thunder \| Sponsored Join new Free to Play War Thunder Fight in over 2000 unique and authentic Vehicles. Fight on Land, on Water and in the Air. Join the most comprehensive vehicular combat game. Over 2000 tanks, ships and aircraft. Play Now Techno Mag \| Sponsored Crossout \| Sponsored Crossout 2.0: Supercharged Check out the new Crossout 2.0 for free. Discover PvP and PvE in our upgraded Action MMO. Countless unique Vehicles, PvE and PvP, Trading. Are you ready? Destroy vehicles your opponent took hours to \u2026 Play Now All Channels for Only $49 (Buy Now Woman's body found along I-70 on Indy's west side identified 'She said she wanted to die, so killed her' \| Woman charged with murder for death at Louisville rehab facility 2/21/25, 7:46 administrator Casares resigns amid sexual assault claim \| wthr.com 3/4 ARTICLE... 2/21/25, 7:46 administrator Casares resigns amid sexual assault claim \| wthr.com 4/4", "7383_103.pdf": "By By and and UPDATED: UPDATED: September 7, 2018 at 12:00 September 7, 2018 at 12:00 (AP) \u2014 Indiana University\u201ds director of student ethics has (AP) \u2014 Indiana University\u201ds director of student ethics has resigned, nearly three months after a woman alleged that he sexually resigned, nearly three months after a woman alleged that he sexually assaulted her at a conference in Texas, school officials said Friday. assaulted her at a conference in Texas, school officials said Friday said in a statement that Jason Casares had tendered his resignation said in a statement that Jason Casares had tendered his resignation effective immediately. The school said it would say nothing else about his effective immediately. The school said it would say nothing else about his departure because it is a personnel matter. departure because it is a personnel matter. But Casares\u201d attorney, Tony Paganelli, said his client resigned after officials But Casares\u201d attorney, Tony Paganelli, said his client resigned after officials told him he could either resign or face termination. He said had concerns told him he could either resign or face termination. He said had concerns about whether Casares \u201ccould credibly preside over student sexual assault about whether Casares \u201ccould credibly preside over student sexual assault investigations after having been very publicly accused of sexual assault investigations after having been very publicly accused of sexual assault himself.\u201d himself.\u201d \u201cJason wanted to do what was best for and his family\u201d and opted to resign, \u201cJason wanted to do what was best for and his family\u201d and opted to resign, Paganelli said in a statement. He added that his client \u201cadamantly denies\u201d the Paganelli said in a statement. He added that his client \u201cadamantly denies\u201d the woman\u201ds sexual assault allegations. woman\u201ds sexual assault allegations Indiana University ethics head Indiana University ethics head leaves amid sex assault claim leaves amid sex assault claim 2/21/25, 7:46 Indiana University ethics head leaves amid sex assault claim \u2013 Times Herald Online 1/22 Casares was hired in 2011 as the student ethics officer and a deputy Title Casares was hired in 2011 as the student ethics officer and a deputy Title coordinator for IU\u201ds Bloomington, Indiana, campus. coordinator for IU\u201ds Bloomington, Indiana, campus. School officials placed him on administrative leave in early February after a School officials placed him on administrative leave in early February after a woman alleged in an open letter posted on social media that he had sexually woman alleged in an open letter posted on social media that he had sexually assaulted her in December during the Association of Fraternity/Sorority assaulted her in December during the Association of Fraternity/Sorority Advisors\u201d annual conference in Fort Worth, Texas. Advisors\u201d annual conference in Fort Worth, Texas made the mistake of letting my guard down while socializing with Jason made the mistake of letting my guard down while socializing with Jason about Association business. Jason took advantage of me after had had too about Association business. Jason took advantage of me after had had too much to drink,\u201d the woman, Jill Creighton, said in her letter. much to drink,\u201d the woman, Jill Creighton, said in her letter. Creighton declined to comment Friday on Casares\u201d resignation from IU. Creighton declined to comment Friday on Casares\u201d resignation from IU. Casares has not been charged in the alleged sexual assault. Casares has not been charged in the alleged sexual assault. But Cpl. Tracey Knight of the Fort Worth Police Department said Friday the But Cpl. Tracey Knight of the Fort Worth Police Department said Friday the department continues to investigate the woman\u201ds allegations and had department continues to investigate the woman\u201ds allegations and had received her complaint on Dec. 9. received her complaint on Dec. 9. Creighton is the assistant director of global community standards at New Creighton is the assistant director of global community standards at New York University. She\u201ds also a board member of the Association for Student York University. She\u201ds also a board member of the Association for Student Conduct Administration \u2014 the group to which she had addressed her open Conduct Administration \u2014 the group to which she had addressed her open letter after she had initiated impeachment proceedings against Casares, who letter after she had initiated impeachment proceedings against Casares, who was ASCA\u201ds president-elect at that time. was ASCA\u201ds president-elect at that time. Casares resigned from his incoming post with during those Casares resigned from his incoming post with during those impeachment proceedings. impeachment proceedings. Read More Read More 00:00 00:00 02:00 02:00 2/21/25, 7:46 Indiana University ethics head leaves amid sex assault claim \u2013 Times Herald Online 2/22 Originally Published: Originally Published: February 26, 2016 at 12:00 February 26, 2016 at 12:00 Creighton said in her letter she decided to come forward with her allegations Creighton said in her letter she decided to come forward with her allegations against Casares after she said refused to cancel a session where he was against Casares after she said refused to cancel a session where he was scheduled to speak after his resignation. scheduled to speak after his resignation said in a statement in early February to its membership that after said in a statement in early February to its membership that after Creighton\u201ds complaint was filed with the group on Dec. 10, an independent Creighton\u201ds complaint was filed with the group on Dec. 10, an independent investigator was hired to conduct an inquiry and present its findings to the investigator was hired to conduct an inquiry and present its findings to the board. board. As a result of that investigation, the group\u201ds statement reads, her \u201cclaims As a result of that investigation, the group\u201ds statement reads, her \u201cclaims could not be substantiated.\u201d could not be substantiated spokesman Mark Land said Friday the university had been investigating spokesman Mark Land said Friday the university had been investigating \u201cthe allegations against Casares and his overall handling of the situation\u201d but \u201cthe allegations against Casares and his overall handling of the situation\u201d but that probe has ended because Casares is no longer a school employee. that probe has ended because Casares is no longer a school employee. An professor emeritus has been tapped to review 18 sexual misconduct An professor emeritus has been tapped to review 18 sexual misconduct cases from the past academic year that went to hearings before a panel cases from the past academic year that went to hearings before a panel Casares sat on. 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Add These 16 Plant Got Plant Milk? Add These 16 Plant Milks to Your Mug for Health, Flavor, Milks to Your Mug for Health, Flavor, and Fro and Fro Did Your Mom Ever Make the Paper? Did Your Mom Ever Make the Paper? Search Newspapers.com Search Newspapers.com Get Mortgage Advice Close to Home Get Mortgage Advice Close to Home 2/21/25, 7:46 Indiana University ethics head leaves amid sex assault claim \u2013 Times Herald Online 21/22 2016 2016 \ue907 \ue907February February \ue907 \ue90726 26 Should You Buy an Electric Car? Should You Buy an Electric Car? Four Easy Tips to Keep Your Kids Safe Four Easy Tips to Keep Your Kids Safe Online Online 2/21/25, 7:46 Indiana University ethics head leaves amid sex assault claim \u2013 Times Herald Online 22/22", "7383_104.pdf": "Trump Thinks We're Dead. Support HuffPost. See More Title Official Resigns After Being Accused Of Sexual Assault An Indiana University Bloomington administrator was accused of assaulting an student conduct official. By Tyler Kingkade Feb 26, 2016, 01:15 Updated Feb 26, 2016 Go Ad-Free 2/21/25, 7:46 Title Official Resigns After Being Accused Of Sexual Assault \| HuffPost College 1/7 The Title coordinator and director of student ethics at Indiana University Bloomington has resigned after the university launched an investigation into a sexual assault allegation that was lodged against him, the school confirmed Friday. Jason Casares, who was also associate dean of students, was accused of sexually assaulting Jill Creighton, who works at New York University, at a higher education conference in December. 2/21/25, 7:46 Title Official Resigns After Being Accused Of Sexual Assault \| HuffPost College 2/7 Creighton went public with her claim in February, ahead of an Association for Student Conduct Administration conference. Casares and Creighton both served on the board of ASCA, which provides guidance and training for administrators handling student-on-student sexual misconduct cases. Creighton said she went public primarily to voice her concern with how handled her internal complaint against Casares, which ultimately cleared him of wrongdoing within the organization's rules. ASCA's review was the first sexual misconduct case the group had ever investigated involving board members. Creighton has maintained the investigation was unfair to her. Indiana University Bloomington said it learned of the allegation once Creighton went public about the alleged assault and started its own investigation said Friday that Casares had resigned, effective immediately, but would not comment further on personnel matters. An attorney representing Jason Casares provided a statement Friday afternoon, reiterating that Casares denies committing any sexual abuse. It further explained why Casares decided to resign 2/21/25, 7:46 Title Official Resigns After Being Accused Of Sexual Assault \| HuffPost College 3/7 Even though the quality and integrity of Jason\u2019s work for have never been questioned had concerns for whether he could credibly preside over student sexual assault investigations after having been very publicly accused of sexual assault himself therefore asked him to resign his position or be terminated. Importantly, IU\u2019s investigators did not conclude that the assault charges against Jason were valid. Although Jason believed he could still do his job, Jason wanted to do what was best for and his family. Jason\u2019s time at has been memorable and worthwhile in every respect. Out of concern for and in the interest to putting the matter to rest, he resigned member of the university's Maurer School of Law is currently re- examining all 18 sexual misconduct cases heard by Casares, who was tasked with handling student sexual assault complaints, in the 2015-16 academic year to \"ensure that all parties involved received equitable treatment under the university's disciplinary hearing process,\" the university said 2/21/25, 7:46 Title Official Resigns After Being Accused Of Sexual Assault \| HuffPost College 4/7 Police in Fort Worth, Texas, still have a criminal investigation open into Creighton's report. This story has been updated with comment from Casares' attorney. ______ Tyler Kingkade covers higher education and sexual violence, and is based in New York. You can reach him at [email protected], or find him on Twitter: @tylerkingkade. Related Coverage: Fallout Continues In Student Conduct Group's Sexual Assault Case How Rolling Stone's Story Sparked Controversial Frat Lobbying Effort We Know One Way To Stop Sexual Assault, But Students Aren't Doing It This Is Why Every College Is Talking About Bystander Intervention National Fraternity Group Deletes Webpage To Help Promote Campus Rape Bill Suggest a correction \| Submit a tip 2/21/25, 7:46 Title Official Resigns After Being Accused Of Sexual Assault \| HuffPost College 5/7 AdChoices Sponsored We're Infectious Disease Experts. Here's How Soon Bird Flu Could Cause Pandemic. 'That Day Is Here Data Reporter Reveals Trump's New 'Great Weakness' Daniel Craig Reacts To James Bond Franchise Acquisition From Amazon 2/21/25, 7:46 Title Official Resigns After Being Accused Of Sexual Assault \| HuffPost College 6/7 Dan Aykroyd Names The 1 Advantage Of Not Attending 'SNL' Celebrations Part of HuffPost News. \u00a92025 BuzzFeed, Inc. All rights reserved. The Huffington Post 2/21/25, 7:46 Title Official Resigns After Being Accused Of Sexual Assault \| HuffPost College 7/7", "7383_105.pdf": "\uf0e73 weather alerts \uf002 \uf26c Watch Now Quick links employee resigns amid sex assault allegations \uf09a\ue61b\uf0e0 undefined undefined Menu 2/21/25, 7:46 employee resigns amid sex assault allegations 1/6 By: The Associated Press Posted 3:09 PM, Feb 26, 2016 BLOOMINGTON, Ind. (AP) -- Indiana University's director of student ethics has resigned after allegations he sexually assaulted a woman at a conference in December said in a statement Friday that Jason Casares \"has tendered his resignation effective immediately said it would have no additional comment because Casares' departure is a personnel matter. Casares was hired by in 2011 as the school's student ethics officer and a deputy Title coordinator. The school placed him on administrative leave in early February. Casares' attorney did not respond to either an email or a voicemail seeking comment on his behalf. An professor emeritus has been tapped to review 18 sexual misconduct cases from the past academic year that went to hearings where Casares sat on that hearing panel. Read More 00:00 02:00 2/21/25, 7:46 employee resigns amid sex assault allegations 2/6 ----- Download the new and improved RTV6 app to get the latest news on the go and receive alerts to your phone iPhone Android Kindle Sign up to have the latest news headlines delivered straight to your email inbox Associated Press 2016 Sign up for the Breaking News Newsletter and receive up to date information. E-mail Submit Party\u2019s Over in Las Vegas for Rocker Gene Simmons Paid Content: Mansion Global 2/21/25, 7:46 employee resigns amid sex assault allegations 3/6 Cardiologist: The Best Method for a Flat Stomach After 50 (It\u2019s Genius!) Paid Content: News - Health Accused killer Luigi Mangione reportedly accepts over $300K Indianapolis Virginia police find body of 12-year-old boy believed to have Indianapolis Indiana man pardoned by Trump is fatally shot during traffic stop Indianapolis 2/21/25, 7:46 employee resigns amid sex assault allegations 4/6 Indianapolis Local News Weather Indianapolis Interactive Traffic Map Sports Entertainment Life Marketplace Don't Waste Your Money Support \uf09a\uf16d\ue61b\uf167 Scripps Local Media \u00a9 2025 Scripps Media, Inc 2/21/25, 7:46 employee resigns amid sex assault allegations 5/6 Sitemap Do Not Sell My Info Privacy Policy Privacy Center Journalism Ethics Guidelines Terms of Use Careers Public Files Application Public File Contact Accessibility Statement Scripps Media Trust Center Closed Captioning Contact Give Light and the People Will Find Their Own Way 2/21/25, 7:46 employee resigns amid sex assault allegations 6/6", "7383_106.pdf": "Sign Up to see what your friends like. Like Tweet Jason Casares has resigned his position from Indiana University. Casares was the director of student ethics and a deputy Title coordinator. Indiana University issued a statement this morning saying: Earlier this month, Indiana University learned that a complaint had been filed against Jason A. Casares, director of student ethics and deputy Title coordinator. As a result, the university immediately commenced an investigation. The complaint involved an alleged incident in Fort Worth, Texas, unrelated to his work on the Bloomington campus. The University is announcing today that Casares has tendered his resignation effective immediately. Because this is a personnel matter, the university will have no further comment. Original Post, Feb. 18, 2016 Indiana University this week began conducting an independent review of all sexual misconduct cases that involved Title Coordinator Jason Casares. Casares is the associate dean of students and director of student ethics at Indiana University. He has been on paid administrative leave since a colleague at the Association for Student Conduct Administration (ASCA) said Casares sexually assaulted her at a conference in December. Support For Indiana Public Media Comes From Become an Indiana Public Media supporter Ethics Director Resigns Amidst Sexual Assault Allegations By Posted February 26, 2016 \u03c0 home radio tv news arts & culture events Contact Services Support About \u00bb Search 2/21/25, 7:47 Ethics Director Resigns Amidst Sexual Assault Allegations \| news-2016 - Indiana Public Media 1/2 Sign Up to see what your friends like. Like Tweet Indiana University spokesperson Mark Land says sexual misconduct cases since Aug. 2015 will be reviewed by Professor of Law Julia Lamber, assisted by Title Officer Emily Springsteen. There are two other Deputy Title Coordinators at Bloomington: associate dean of students Carol McCord and office of affirmative action equal opportunity director Julie V. Knost. Sexual misconduct cases are heard by the three-member panel. There are fewer than 20 cases under review. 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Learn More \u03c0 2/21/25, 7:47 Ethics Director Resigns Amidst Sexual Assault Allegations \| news-2016 - Indiana Public Media 2/2", "7383_107.pdf": "\ue9290 ratings \u00b7 4K views \u00b7 1 page Uploaded by Indiana Public Media News AI-enhanced description Jason Casares, an administrator at Indiana University Bloomington, denies false accusations of sexual misconduct made against him by a colleague, Jill Creighton, from NYU. An outside law fir\u2026 Full description Jason Casares Attorney Statement Save 0% 0% Embed Share Print Report Download as pdf or txt of 1 Download now 1 Search document \ue966 Ad Search Download free for 30 days 2/21/25, 7:47 Jason Casares Attorney Statement 1/3 2/21/25, 7:47 Jason Casares Attorney Statement 2/3 Share this document \ue990 \uea14 \ue992 \ue98d \ue9cf Ad Download to read ad- free Reward Your Curiosity Everything you want to read. Anytime. Anywhere. Any device. No Commitment. Cancel anytime. Read free for 30 days About About Scribd Everand: Ebooks & Audiobooks SlideShare Join our team! Contact us Support Help Accessibility Purchase help AdChoices Legal Terms Privacy Copyright Cookie Preferences Do not sell or share my personal information Social Instagram Twitter Facebook Pinterest Get our free apps Documents Language: English Copyright \u00a9 2025 Scribd Inc. 2/21/25, 7:47 Jason Casares Attorney Statement 3/3", "7383_108.pdf": "in-texas/article_4648537a-b7c1-59d7-af41-a218cd60eb72.html Ind. University's former student ethics director will not face sex assault charges in Texas Apr 14, 2016 (AP) - Indiana University's former student ethics director won't face charges in Texas for an alleged sexual assault that prompted his resignation woman alleged that Jason Casares sexually assaulted her in December in Fort Worth, Texas. But Fort Worth Police Department spokesman Officer Daniel Segura says the department's probe determined that \"the elements for a criminal case against Mr. Casares do not exist\" and he won't face criminal charges. Casares says he's now focusing on his family, finding full-time employment \"and recovering my reputation with clear findings and results in hand,\" including a separate inquiry that could not substantiate the woman's allegations. The woman did not immediately respond to a request for comment. Copyright 2016 by The Associated Press. All rights reserved. This website stores data such as cookies to enable essential site functionality, as well as marketing, personalization, and analytics. By remaining on this website you indicate your consent. Privacy Policy 2/21/25, 7:47 Ind. University's former student ethics director will not face sex assault charges in Texas \| Local News \| wdrb.com 1/1"}
7,311	Mahmoud Hamad	Drake University	[ "7311_101.pdf", "7311_102.pdf", "7311_103.pdf", "7311_104.pdf", "7311_105.pdf" ]	{"7311_101.pdf": "Drake University professor accused of spanking female students allowed to resign Published 7:21 p.m April 26, 2018 Updated 1:08 p.m April 27, 2018 \u00a9 Copyright 2018, Des Moines Register and Tribune Co Drake University professor has been allowed to resign effective June 1 after an internal investigation last fall found that he spanked female students and had them sit on his lap, the Des Moines Register has learned. Mahmoud Hamad, an associate professor in Drake\u2019s political science department, is currently on a leave of absence and \u201chas no teaching or academic responsibilities\u201d at the university, said Sue Mattison, Drake\u2019s provost. Hamad, 42, has not taught at Drake since 2016 and was on a sabbatical during 2017, a university spokesman said. Mattison declined to say whether Hamad was asked to resign. She also declined to say whether Hamad is being paid while on leave, which began when his sabbatical ended. An investigation into Hamad\u2019s conduct found that he \u201cphysically, sexually and verbally intimidated\u201d female students and \u201cdid exploit the power differential that existed between him and his female students,\u201d according to a completed report dated Nov. 8, 2017. More: Drake's failure to fire professor who spanked students is an act of cowardice Hamad\u2019s behavior violated Drake\u2019s sexual and misconduct policy and its consensual relationships policy, according to the report. Drake never referred the case to Des Moines police. Kathy A. Bolten The Des Moines Register 2/21/25, 7:48 Drake University professor accused of spanking students allowed to resign 1/4 Nickey Jafari, 24, a 2014 Drake graduate who notified university officials about Hamad's conduct, criticized their handling of the matter. \u201cAllowing (Hamad) to resign is unfair to any survivors,\u201d she said. Jafari filed a complaint about Hamad, who was her adviser, with Drake in May 2017. \u201cLetting him resign instead of firing him is not as clear of a statement from Drake that \u2018This happened and we don\u2019t condone or support it,\u2019 \" Jafari said. \"I\u2019m disappointed.\" Hamad, reached at his Des Moines-area home, declined to comment, citing the advice of his attorney. In the report, Hamad denied the accusations made by Jafari and other students. #MeToo spurs resignations for sexual misconduct Information about the Drake investigation and Hamad\u2019s resignation comes during a wave of reviews into sexual misconduct by university faculty and officials on campuses across the country. Since the #MeToo movement began last October, numerous professors have been fired or forced to resign over sexual misconduct accusations. The hashtag spread on social media as victims and others used it to show the prevalence of sexual assaults and harassment. In recent months, two professors at Columbia University in New York City resigned after accusations of sexual misconduct surfaced. At Dartmouth College, three faculty members were placed on leave pending the investigation of sexual misconduct allegations. The most prominent cases have been at Michigan State University, where the doctor for the school\u2019s women\u2019s gymnastics team and the U.S. women\u2019s Olympic gymnastics team abused 200 young girls and women over more than two decades. More: Student criticizes Mount Mercy for closing her sexual assault case. Police are still investigating. Jafari said she decided to speak out about her treatment by Hamad after three-time Olympic gold medal winner Aly Raisman reported abuse by Larry Nassar, who is serving multiple prison sentences. Last year, Jafari posted information about Hamad\u2019s conduct on social media. 2/21/25, 7:48 Drake University professor accused of spanking students allowed to resign 2/4 am writing this because know what it feels like to be powerless, to feel vulnerable, and small, and absolutely petrified in that situation,\" Jafari wrote. The Register wrote about Jafari\u2019s post and asked for a response from Drake officials. In a Dec. 1 written statement, Drake officials wrote that the university was \u201caware of the claims\u201d made by Jafari. Officials wrote that \u201cbecause the process has not yet concluded, no further comment can be provided.\u201d Drake is a private Des Moines-based university that was founded in 1881 and has about 5,000 students. The university is internationally acclaimed for the Drake Relays, an annual track and field event being held this week that attracts world-class athletes. Jafari, Hamad went on student trip to Egypt Jafari, who began attending Drake in August 2010, met Hamad in the summer of 2011 when she was part of a student group that visited Egypt. Hamad led the group and was the instructor for the honors courses related to the trip. In the fall of 2011, Hamad, a tenured professor, became one of Jafari\u2019s academic advisers. In the report, Jafari told investigators that Hamad asked her to sit on his lap and she complied twice. She told investigators that the professor put his arms around her and that his face was close to her neck. Hamad also asked Jafari to call him \u201cDad.\u201d In addition, Hamad told her that he would take her to Egypt for free if she got a 4.0 grade- point average, according to the report decided to come forward because knew wasn\u2019t the only one this happened to, and didn\u2019t want him to be able to move from school to school,\u201d Jafari told the Register during a phone interview Thursday. The report also stated that another Drake student had an \u201cemotional and physical relationship\u201d with Hamad. That student didn\u2019t report the misconduct because she was \u201cworried about repercussions,\u201d the report said. 2/21/25, 7:48 Drake University professor accused of spanking students allowed to resign 3/4 Drake won't say why it didn't fire Hamad Investigators found that Jafari and others who were interviewed were \u201ccredible,\u201d the report said. In addition, investigators found Hamad\u2019s denials \u201cnot credible.\u201d The report found that Hamad violated university policies through \u201cunwelcome advances and unwelcome verbal and physical conduct and intimidation aimed at female students because of their sex.\u201d Hamad made \u201csubmission to his conduct an implicit or explicit requirement for academic success, recommendations, and networking contacts,\u201d the report said. In a statement issued to the Register on Thursday, a Drake spokesman wrote that the university \u201cis committed to the safety and well-being of all students, and especially those who have the courage to come forward with a complaint. We take such allegations seriously and have strong policies in place under Title that have been followed. \u201cWe are confident in the outcome of the investigation that resulted from the complaint made in this case.\u201d Drake\u2019s sexual and interpersonal misconduct policy states that sanctions for employees who violate the policy \u201ccould range from counseling to termination from employment.\u201d Drake officials declined to say why Hamad was allowed to resign rather than be fired. Jafari, who is studying medicine, said Hamad should have been fired once the investigation was completed. \u201cAny university who cares about its students would have a zero-tolerance policy against sexual misconduct,\" she said. \"If letting someone found guilty (of sexual misconduct) is the norm, then we need to change that standard.\u201d Reporter Stephen Gruber-Miller contributed to this story. 2/21/25, 7:48 Drake University professor accused of spanking students allowed to resign 4/4", "7311_102.pdf": "The Times-Delphic \u2022 May 3, 2018 \u2022 likely-broke-misconduct-policy/ Report says ex-professor \u201clikely\u201d broke misconduct policy report from Drake University regarding the investigation into the misconduct of a former political science professor states that \u201cit is more likely than not that (Mahmoud) Hamad has repeatedly violated Drake University\u2019s Sexual and Interpersonal Misconduct Policy \u2026\u201d \u201cHamad set out to and did exploit the power differential that existed between him and his female students,\u201d the report says. Hamad \u201cremains on leave of absence without a teaching assignment, and has resigned from the University effective June 1, 2018,\u201d according to a statement from the university. Hamad\u2019s profile has been removed from the political science department website. President Marty Martin also addressed the issue in a campus wide email Monday. \u201cMany of you have expressed frustration regarding a lack of information surrounding Professor Hamad\u2019s departure,\u201d he said fully understand this frustration and appreciate that some of you are even angry at not being told more. However, neither Provost Mattison nor can publically share all of the details regarding this matter.\u201d Martin also addressed why Hamad resigned, rather than being fired by the university. \u201cPursuant to the University\u2019s Faculty Manual and Academic Charter, the only two options for securing the removal of a tenured faculty member on conduct grounds are resignation or a referral of the matter to a faculty disciplinary committee,\u201d he explained. Hamad is a tenured professor. According to Martin, a referral to the faculty disciplinary committee could involve hearings, with examination and cross- examination of witnesses and the receipt of additional evidence. Should this committee recommend the removal of a faculty member, the recommendation would be sent to the Drake University Board of Trustees. The board could also hold its own hearings or refer the matter back to the disciplinary committee. \u201cThis process would undoubtedly be a protracted and stressful experience for those involved,\u201d Martin continued. \u201cProvost Mattison was balancing all of this in reaching a resolution in Professor Hamad\u2019s case.\u201d The outgoing and incoming presidents of Faculty Senate also released its own statement. \u201cWe condemn his (Hamad\u2019s) actions, and applaud the University\u2019s proactive treatment of the allegations from students, received officially in May 2017,\u201d the statement reads. \u201cIn our reading of the materials, the university has acted appropriately since receiving the complaint, to protect students\u2019 identities and well-being and effectuate Hamad\u2019s departure from campus.\u201d David Courard-Hauri, current president of Faculty Senate, and Renee Cramer, incoming president, signed the statement. It goes on to say that they are concerned that \u201crecent reporting mischaracterizes the process and outcome, and has the potential to do harm to alumni and current students.\u201d It adds that they are confident that students\u2019 reporting sexual misconduct or assault will not be met with retaliation. According to the report about the investigation, investigators determined that the witnesses and accusers interviewed were credible, providing detailed accounts of Hamad\u2019s behavior, several of which \u201cwere corroborated by other witnesses.\u201d Investigators did not \u201cidentify any motivation to provide false information.\u201d The report says that Hamad\u2019s denials of his behavior were not credible and that he contradicted earlier statements several times. \u201cWhile not admissions, Hamad\u2019s ambiguous responses further convinced the investigators to find the witnesses\u2019 allegations to be more likely true than not,\u201d the report reads. Anyone who has experienced sexual assault, exploitation or misconduct can reach out to Violence Intervention Partners at 515- 512-2972, a confidential hotline run by Drake students; the Counseling Center, 515-281-3864; or a pastoral counselor, 515-274- 3133. These resources, by law, cannot share confidential information, including with law enforcement or Drake\u2019s Title coordinator. Public Safety and Katie Overberg, the Title coordinator on campus, can walk survivors through legal options as well. They are not confidential resources student may request confidentiality, and Drake will weigh that request against the university\u2019s obligation to provide a safe environment. Reporting to Drake Public Safety, Overberg or the police does not mean criminal charges must be filed. An anonymous report can be made at drake.edu/ethicspoint. The university says it will respond to anonymous reports, but its response could be limited. Pamphlets Around Campus Pamphlets with the names of former and current students, a Fraternity and Sorority Life organization and Mahmoud Hamad were spotted around campus Monday morning. The forms accused the individuals and groups of sexual and interpersonal misconduct. Pictures of the pamphlet, emblazoned with the words \u201cThese People are Cancelled\u201d on the front were posted on social media. The Times-Delphic reached out to the email listed on the paper but have not received a response. Drake has issued the following statement: \u201cProtecting students is our first priority. We became aware of the pamphlets as soon as they were discovered and we are investigating. Any students who wish to report sexual misconduct or violence are encouraged to speak with the Drake University Title office or to a confidential resource listed at drake.edu/titleix.\u201d", "7311_103.pdf": "Friday, Feb. 21, 2025 China Politics Business Society & Culture Video Photos Edition 3rd Bloom Tulip Festival held in Abbotsford, Canada U.S. Senate confirms Pompeo as secretary of state Feature: Tai Chi Chuan brings \"balanced\" life to 93- year-old woman in U.S. New York museum unveils groundbreaking show on traditional Chinese medicine \u201cOne World, One Family\u201d:17th Chinese Bridge East Preliminary for College Students held in Boston U.S. President Donald Trump welcomes France's Emmanuel Macron at White House Toronto van crash: at least 9 dead, 16 injured, bodies found at the scene Follow Xinhua Photos Video U.S. professor accused of spanking female student to resign Source: Xinhua 2018-04-28 02:55:54 WASHINGTON, April 27 (Xinhua) -- Mahmoud Hamad, an associate professor on political science at Drake University in the U.S. state of Iowa, will be allowed to resign over accusation of threatening to spank a female student, local media reported Friday. An internal investigation by the university found Hamad, 42, \"physically, sexually and verbally intimidated female students and did exploit the power differential that existed between him and his female students,\" according to a News report. \"Drake University is committed to the safety and well-being of all students, and especially those who have the courage to come forward with a complaint,\" Jared Bernstein, director of the university's public relations, told Fox News in a statement. Nickey Jafari, 24, a graduate of the university, was the first student to speak out about Hamad's misconduct. She wrote a Facebook post last year amid the #MeToo movement, accusing that during a student trip to Egypt in 2011, Hamad, as the group's leader and instructor, \"asked her to sit on his lap\" and she did twice. The professor also reportedly asked Jafari to call him \"Dad\" and threatened to \"spank\" her if she did not receive all A's. Investigators found Jafari's claims \"credible\" and found the professor \"violated university policies through unwelcome advances and unwelcome verbal and physical conduct and intimidation aimed at female students because of their sex.\" Hamad's resignation will be effective June 1. He is now placed on a leave of absence and \"has no teaching or academic responsibilities\" at the college. The university did not refer the case to the Des Moines Police Department. Editor: yan Related News 2/21/25, 7:48 U.S. professor accused of spanking female student to resign - Xinhua \| English.news.cn 1/2 >> Amazing scenery of China's Xinjiang attracts millions of tourists Beauty contest held during torch festival of Yi ethnic group in China's Sichuan Scenery of Beipanjiang river valley in China's Guizhou 2018 Mazury Air Show held in Gizycko, Poland Scenery of Guyuan in China's Ningxia Hui Autonomous Region Local people of Miao ethnic group celebrate Qiyu Festival in China's Guizhou People enjoy \"lingka\" in outskirts of Lhasa China's Tibet In pics: process of making Dong cloth at Linxi Village China's Guangxi Back to Top Copyright \u00a9 2000-2025 XINHUANET.com All rights reserved. 2/21/25, 7:48 U.S. professor accused of spanking female student to resign - Xinhua \| English.news.cn 2/2", "7311_104.pdf": "After spanking case, here's why Drake should lead national effort to revise tenure to protect students Published 12:27 p.m May 1, 2018 Updated 1:52 p.m May 1, 2018 Drake University can make something positive out of the mess created by Mahmoud Hamad, its soon-to-be-former associate political science professor, who is accused of spanking female students. It can lead the charge for tenure reform, both on its own campus and nationwide. Drake investigators say Hamad spanked female students, harassed them and used his power as a faculty member to intimidate them. These are all conclusions Drake's internal investigators made in a report, which the Register's Kathy Bolten wrote about last week. Monday, Drake President Earl \"Marty\" Martin sent the campus an email explaining that the university chose to let Hamad resign rather than fire him, which would have led to a lengthy disciplinary process and witnesses needing to be called. RELATED: Drake University's president explains why a professor accused of sexual misconduct was allowed to resign Finney: Drake's failure to fireprofessor who spanked students is an act of cowardice Such a process would have been difficult for the students, and understand Drake's hesitancy to put them through more pain. Daniel P. Finney The Des Moines Register 2/21/25, 7:48 How Drake University can turn sexual misconduct case into a win: Revise tenure 1/5 But you know what else was painful for these women? Being spanked. Having Hamad wrap their arms around them. Being asked to sit on a professor's lap and call him \"Dad.\" Being told they would be more attractive if they had more confidence. For the record, Hamad denies wrongdoing. Also, for the record don't believe him. Neither did Drake, as their own investigation concluded. Survivors of Hamad's alleged actions already ran through the psychological hell induced by our culture's toxic attitudes toward sexual abuse against women. We socialize women to believe that unwanted sexual conduct or language is somehow their fault. It's the whole \"What was the rape victim wearing?\" in different parlance. Women tear themselves asunder inside wondering if they \"led him on\" or \"gave mixed signals.\" The #MeToo movement fights to change this cultural current, but its focus too often is on famous people. That can leave those such as Hamad's accusers on the sidelines. Nickey Jafari is a 2014 Drake alumnus who made the initial complaint against Hamad last year, which included him asking her to sit on his lap, having him wrap his arms around her and asking her to call him \"Dad.\" After reading Martin's letter to campus, she emailed the Register, thanking Drake for finally making a statement about Hamad. But she asked some important questions: \"By being allowed to resign, what would have prevented Mahmoud Hamad from continuing his preying on students at another institution?\" Jafari wrote. \"Why did it have to take this much emotional labor on my part to help create enough talk in the media and on campus to 2/21/25, 7:48 How Drake University can turn sexual misconduct case into a win: Revise tenure 2/5 finally get some statements issued from the faculty senate and President Martin to condemn Hamad\u2019s actions?\" Martin, Drake's president, argues that allowing Hamad to resign was the best end to the terrible situation. Jafari sees it differently. \"Even if we do not doubt that this outcome was the best Drake could offer us, we should question if this is the best we deserve,\" she wrote. Here is where Drake can step up. It can amend its charter and tenure rules and broaden cause for termination to include criminal and sexual misconduct. The American Association of University Professors defines tenure as \"an indefinite appointment that can be terminated only for cause or under extraordinary circumstances.\" What allegedly happened in the Hamad case doesn't meet the definition of \"extraordinary circumstances\" as defined in Drake's charter would argue that it should. Would making a change to the university charter involve a tremendous amount of work, arguing, headaches, gnashing of teeth and general anguish? Of course. Then again, that's what university campuses are for: a continuous debate of ideas. Drake's leadership, including its board of trustees, president and faculty, should apply their minds to explicitly ending tenured protection for sexual predators law enforcement officer would be fired and prosecuted for the behavior Hamad is accused of. Members of the U.S. military can go to prison for cheating on their spouses. Surely we can say that professors accused of sexually assaulting students should fear losing their jobs. Of course, Hamad, like anyone else, deserves due process, both by his institution and in any court of law. And, yes, that process sometimes would be painful for victims. 2/21/25, 7:48 How Drake University can turn sexual misconduct case into a win: Revise tenure 3/5 Would it be harder than having to go into a classroom several times a week with someone who has touched you or spoken to you in the way Hamad allegedly did don't know do know that tenure was designed to protect academic freedom. It's to allow professors to discuss controversial topics in class or explore research some find ghastly don't want research professors at large universities to be hesitant to explore the properties of stem cells because some people believe it's immoral. Nor do want English professors shelving books with profanity or racial expletives because the words might be offensive. What do want is for sexual predators to have no place in the classrooms of Drake or any other higher education institution, regardless of tenure understand how hard academics work to earn tenure. The very idea of tampering with how broadly it is applied is anathema to the amount of studying, publishing and teaching that must be done to earn the status. Academic freedom is not curtailed by directly and explicitly banning sexual assault by tenured faculty. Almost all professors go through their careers without any blemishes on their record, let alone accusations as grave as those against Hamad. Some may protest any weakening of tenure. Others might argue a student who got a bad grade might falsely claim harassment or sexual misconduct to threaten a professor's job. Maybe. But according to a report by the National Sexual Violence Resource Center, only about 2 percent of sex crimes are false \u2014 that is, proven to be untrue. Meanwhile, the same report notes nearly two-thirds of all sex crimes go unreported. So excuse me if I'm not worried about the myth of the vindictive female making false assault claims. 2/21/25, 7:48 How Drake University can turn sexual misconduct case into a win: Revise tenure 4/5 Look, Drake was put in a bad position here by an alleged sexual predator in its midst. The institution stayed silent on the matter because of a legal agreement that allowed him to walk away. It's messy and unjust, but that's the way it had to be, at least according to how things are now. There's nothing more than can be done about Hamad. His association with Drake is finished June 1. It was an ugly process caused by uglier actions. While I'm empathetic to Drake administrators' limitations by the school's own charter believe they can and must do better. The mission for Drake's future, though, should be to make certain they can act decisively and openly to protect their students. I'll leave the final word to the brave, eloquent Jafari, who says what I'm feeling far better than ever could: \"There is a reason so many people find it appalling for him to be allowed to resign. Drake is justifying the handling of Hamad by saying it is hard to fire a tenured professor,\" Jafari wrote. \"And to that say, that may be so, but can we agree that it should not be? At least not in cases of sexual misconduct, and certainly not in cases where your students are being abused? If your current governing policies gave us this unsatisfactory outcome, please change your policies. Do not just throw your hands up and say this is the best we can do. \"Change. Do better.\" Columnist Daniel P. Finney is a Drake University alumnus who grew up in Winterset and east Des Moines. Reach him at [email protected], on Facebook at Facebook.com/DanielPFinney or on Twitter at @newsmanone. 2/21/25, 7:48 How Drake University can turn sexual misconduct case into a win: Revise tenure 5/5", "7311_105.pdf": "Advertisement Woman who accused Drake professor of spanking, misconduct comes forward Watch on Demand \uf10c \uf0e0 \uf12418\u00b0 \uf0c9 Des Moines 50309 18\u00b0 \uf124 Clear \uf114 0% \uf041 \uf124 \uf102 1 / 1 The latest breaking updates, delivered straight to your email inbox Privacy Notice \uf107 Your Email Address 2/21/25, 7:49 Woman who accused Drake professor of spanking, misconduct comes forward 1/6 MOINES, Iowa \u2014 Updated: 5:18 May 2, 2018 Infinite Scroll Enabled former Drake University student who brought forward a sexual misconduct complaint against a professor is speaking out. Drake University received a complaint regarding tenured professor Mahmoud Hamad in 2017. Advertisement 2/21/25, 7:49 Woman who accused Drake professor of spanking, misconduct comes forward 2/6 Nickey Jafari, who graduated from Drake University in 2014, told that Hamad spanked her, asked her to sit on his lap and inappropriately touched her. Jafari said a recent statement released by Drake University President Marty Martin has backed up her claims. \"If a potential employer like looks him up, it needs to be a lot more concrete than just 'Nickey Jafari said this,\u2019\u201d Jafari said. \u201cIt should be, \u2018Drake University thinks this about this man, and Drake University's investigation discovered this.\u2019\" In an email sent to Drake University students, Martin said the school only had two options in handling Hamad: get his resignation or refer the matter to a disciplinary board, which he said could be a long, drawn-out process. \"Well, if those are the only two options, like, change it,\u201d Jafari said. \u201cLike, why can't you make it so he can be fired without it being protracted and stressful and so difficult for victims?\u201d Recommended Officers arrest Iowa man for stealing dog from shelter, shooting at police Isabelle Barrett, a junior at Drake University, said she admires Jafari for speaking out and is frustrated at how the university was forced to handle the case. \"I\u2019m not angry at the university,\u201d Barrett said. \u201cI'm angry at the policies in place.\" Drake officials declined KCCI\u2019s request for an interview Tuesday and Wednesday. 2/21/25, 7:49 Woman who accused Drake professor of spanking, misconduct comes forward 3/6 The university's charter did say it adheres to the American Association of University Professors standards for dismissal. \"These policies? Not OK,\u201d Barrett said. \u201cWe understand that this isn't your fault, but this is an avenue for us to change it think it's really great this has started, at least, a conversation,\u201d Jafari said hope something actually fruitful and concrete will come out of it.\" Hamad\u2019s resignation is effective June 1 called the phone number believed to belong to Hamad, but the person who answered would not confirm his identity. That person told he was traveling overseas before disconnecting the call report from Drake University\u2019s investigation into the accusations against Hamad said he denies the claims. Video shows husband and wife rescued from stranded sailboat Driving tour journeys through Harriet Tubman's life 2/21/25, 7:49 Woman who accused Drake professor of spanking, misconduct comes forward 4/6 VIDEO: Rescue of snowmobiler buried after avalanche in Colorado caught on camera Dog food testing raises alarm about bacteria. Here's what you need to know \uf09a \uf099 \uf16a 2/21/25, 7:49 Woman who accused Drake professor of spanking, misconduct comes forward 5/6 Contact Us News Team Apps & Social Email Alerts Careers Internships Advertise Digital Advertising Terms & Conditions Broadcast Terms & Conditions Reports Captioning Contacts Public Inspection File Public File Assistance Applications News Policy Statements Hearst Television participates in various affiliate marketing programs, which means we may get paid commissions on editorially chosen products purchased through our links to retailer sites. \u00a92025, Hearst Television Inc. on behalf of KCCI-TV. Privacy Notice Industry Opt Out Terms of Use Site Map Your Privacy Choices: Opt Out of Sale/Targeted Ads 2/21/25, 7:49 Woman who accused Drake professor of spanking, misconduct comes forward 6/6"}
8,346	Randel Carr	Miami Dade College	[ "8346_101.pdf" ]	{"8346_101.pdf": "February 21, 2025 \uf39e \ue61b \uf16d \uf167 Dominican Students Association Latest Articles North Campus Administrator Resigns After Allegations of Sexual Harassment August 23, 2017 Katherine Wallace-Fernandez North Campus, sexual harassment, resignation North Campus administrator accused of sexually harassing an employee resigned after he was threatened with termination. Randel Carr, who served as director of campus support services for almost five years, resigned on March 6. Headshot of Randel Carr \uf39e \uf099 \uf0e0 \uf02f \uf1c1 + \uf002 2/21/25, 7:49 Carr, Administrator, Resigns After Allegations of Sexual Harassment 1/11 In a notice of final action of termination, Carr\u2019s supervisor Fermin Vazquez, the senior director of campus administration, wrote: \u201cYou held complainant by part of her neck and stated that if you \u2018squeezed,\u2019 you could leave a \u2018hickey-like mark\u2019 and she would have a \u2018hard time explaining that\u2019 to her husband.\u201d The complainant, whose name is redacted from the report, said the incident occurred last November. It is unclear in which department she worked in have nothing want to add,\u201d Carr said when he was contacted via cell phone by The Reporter concerning the allegations. According to the letter, the complainant sent Carr an email the day after the incident to tell him the interaction made her uncomfortable. He responded: \u201cNo worries will not happen again.\u201d Three days later, according to the report, Carr told the complainant to come to his office and he asked her why she had \u201cput it in writing.\u201d In a written response to the allegations Carr said do not remember grabbing her by the neck, but do remember giving her a hug around the neck witness who was interviewed during the investigation recalled seeing Carr touch the complainant\u2019s neck but stated that it was more like a \u201ccaress\u201d rather than grabbing. Carr, according to the report, was taken aback by the allegations. He said that the complainant previously worked in a different area of the campus. When he visited, Carr said he would hug a worker there and she would ask him, \u201cWhere\u2019s my hug?\u201d The harassment accusation was the second complaint by a North Campus employee against Carr. In February of 2016 an employee, who did not work under Carr at the campus, said she brought Carr leftover food from an event that happened earlier in the day, according to a document in his personnel file detailing the incident. The complainant said Carr became upset when she did not bring him any chicken. She then went back to retrieve some chicken and he greeted her with: \u201cThis all you brought me?\u201d According to the document, the complainant explained to Carr that she had to give a portion of the chicken to media services so she didn\u2019t have more. 2/21/25, 7:49 Carr, Administrator, Resigns After Allegations of Sexual Harassment 2/11 don\u2019t give a f*ck about media services have more people to feed,\u201d Carr retorted, according to the complainant. When she tried to leave with the plate of chicken, Carr grabbed her right wrist and pushed her out of the office, according to the report. \u201cYou don\u2019t know me,\u201d the complainant said. \u201cDon\u2019t put your hands on me.\u201d The following day, after being notified by the employee\u2019s supervisor that she was upset, Carr apologized, according to the document. During the apology, Carr admitted that his behavior was unprofessional and it would never happen again. However, Carr did not recall \u201cgrabbing her wrist or using foul language.\u201d Carr was verbally counseled about the incident by Vazquez and instructed to conduct himself in a professional manner with employees. Vazquez referenced the chicken incident and the sexual harassment allegation in the notice of final action of termination: \u201cYour continued behavior demonstrates poor judgment not within the best interests of the College and warrant termination of employment.\u201d When The Reporter contacted Vazquez concerning the allegations against Carr, he declined comment citing that College policy does not allow him to comment on personnel matters. Carr began his position as director of campus support services at North Campus in 2012. Some of his duties as director included overseeing campus services like public safety and custodial services. Throughout Carr\u2019s employment at MDC, he received exemplary evaluations in his performance reviews. In his most recent evaluation from 2015 to 2016, Carr received high scores, with his lowest score being in interpersonal skills where he scored satisfactory portion of his narrative evaluation from the same review states: \u201cOverall, Mr. Carr has earned an excellent rating and should continue his efforts in building a team environment amongst his divisions.\u201d To view the complete Notice of Final Action of Termination in Carr\u2019s case, click here. To view the complete memorandum of the investigative findings concerning the allegations of sexual harassment, click here. To view the complete verbal counseling document from the February 2016 incident, click here. 2/21/25, 7:49 Carr, Administrator, Resigns After Allegations of Sexual Harassment 3/11 Katherine Wallace-Fernandez Katherine Wallace-Fernandez, 19, is an English major at Kendall Campus. Wallace-Fernandez, who graduated from Miami Palmetto Senior High School in 2016, will serve as a Editor-In-Chief and briefing editor for The Reporter during the 2017-2018 school year. She aspires to be a writer. Katherine Wallace-Fernandez has 73 posts and counting. See all posts by Katherine Wallace-Fernandez \uf39e \uf099 \uf0e0 \uf02f \uf1c1 + You May Also Like North Campus Metrobus Route Trip Discontinued December 13, 2010 2/21/25, 7:49 Carr, Administrator, Resigns After Allegations of Sexual Harassment 4/11 North Campus To Host The African-American Read-In January 26, 2018 2/21/25, 7:49 Carr, Administrator, Resigns After Allegations of Sexual Harassment 5/11 Our Latest Issue COVID-19 Testing Sites Open At North And Kendall Campuses January 15, 2021 2/21/25, 7:49 Carr, Administrator, Resigns After Allegations of Sexual Harassment 6/11 2/21/25, 7:49 Carr, Administrator, Resigns After Allegations of Sexual Harassment 7/11 Our Tweets Twitter Most Recent Dominican Students Association Returns After Nearly Two Decade Hiatus February 21, 2025 Professor Develops Platform That Predicts Outcomes For Eye Diseases February 20, 2025 Alumna Creates Organization To Assist Former Foster Youth February 19, 2025 Summons Snags 700th Career Victory February 18, 2025 Initiative Gives Students Access To Clothing One Thread At Time February 18, 2025 The Reporter Appoints New Arts & Entertainment Editor February 14, 2025 2/21/25, 7:49 Carr, Administrator, Resigns After Allegations of Sexual Harassment 8/11 Popular The Importance Of Religion In Society January 15, 2016 What Is Love Without Intimacy? 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7,493	Regis Noroski	Ohio University - Lancaster	[ "7493_101.pdf" ]	{"7493_101.pdf": "professor at Ohio University's Lancaster branch is no longer employed at the school after a student complained to administrators about his behavior. image-ohio-lancaster-280 professor at Ohio University's Lancaster branch has resigned amid claims he sexually harasseda student, 10TV's Kevin Landers reported on Monday. Ohio University-Lancaster Professor Resigns Amid Sexual Harassment Complaint Author: 10tv.com Published: 7:29 February 8, 2011 Updated: 11:43 February 9, 2011 The Culture Report \| Histor behind the Kendrick Lamar Super Bowl performance, upcoming Beyonc\u00e9 tour Ad 1 of 1 Ad 1 of 1 \uf04b \uf04b 00:00 / 00:00 \uf026 \uf064 x 2/21/25, 7:49 Ohio University-Lancaster Professor Resigns Amid Sexual Harassment Complaint \| 10tv.com 1/3 According to records provided by the university, a student complained about professor RegisNoroski's behavior in November. In an e-mail, the female student told administrators that shewas scared for her life after being showered with gifts from Noroski. The professor told university officials it all started when he thought the girl winked at himduring class, Landers reported. Records showed that Noroski, 61, gave the student a $600 diamond ring, a candle, a lamp, andoffered to take her on a trip to Florida, Landers reported. The student apparently became more afraid after Noroski allowed her to use his calculator for anexam when she had forgotten her own. She claimed that Noroski called her after the exam to arrange to get the calculator back,and she ended up at his home in Thornville. After getting a tour of his home, the student said Noroski drove her back to her parents'house few days later she e-mailed the university. She wrote was absolutelyscared for my life and thought was never going to see my family again.\" The university called the incident sexual harassment and informed Noroski in January that heneeded to stay away from campus and the student, Landers reported. Three weeks later he turned in his letter of resignation, saying he was leaving because a memberof his family had been hospitalized. Attempts to reach Noroski for comment on Monday were not successful neighbor told 10TV News that Noroski moved to Pittsburgh and told him before he moved that hehad lost his job because of budget cuts, Landers reported. Watch 10TV News and refresh 10TV.com for additional information. War Thunder \| Sponsored Play War Thunder now for free Fight in over 2000 unique and authentic Vehicles. Fight on Land, on Water and in the Air. Join the most comprehensive vehicular combat game. Over 2000 tanks, ships and aircraft. Play Now Crossout \| Sponsored Crossout: New Apocalyptic Check out the new Crossout 2.0 for free. Discover PvP and PvE in our upgraded Action MMO. Countless unique Vehicles, PvE and PvP, Trading. Are you ready? Destroy vehicles your opponent took hours to \u2026 Play Now Camper Van Deals \| Search ads \| Sponsored Now Is The Perfect Time To Get An Unsold Camper Van Learn More 2/21/25, 7:49 Ohio University-Lancaster Professor Resigns Amid Sexual Harassment Complaint \| 10tv.com 2/3 War Thunder \| Sponsored Join new Free to Play War Thunder Fight in over 2000 unique and authentic Vehicles. Fight on Land, on Water and in the Air. Join the most comprehensive vehicular combat game. Over 2000 tanks, ships and aircraft. Play Now Crossout \| Sponsored Crossout 2.0: Supercharged Check out the new Crossout 2.0 for free. Discover PvP and PvE in our upgraded Action MMO. Countless unique Vehicles, PvE and PvP, Trading. Are you ready? Destroy vehicles your opponent took hours to \u2026 Play Now Camper Van Deals \| Search ads \| Sponsored Why You Should Get An Unsold Camper Van Learn More Teenagers Mistake Human Ashes For Cocaine Cause of death revealed for former Ohio State lineman Ben Christman ARTICLE... 2/21/25, 7:49 Ohio University-Lancaster Professor Resigns Amid Sexual Harassment Complaint \| 10tv.com 3/3"}
7,466	Melissa Ann Santana	Northern Arizona University	[ "7466_101.pdf", "7466_102.pdf", "7466_103.pdf", "7466_104.pdf", "7466_105.pdf", "7466_106.pdf", "7466_101.pdf", "7466_102.pdf", "7466_103.pdf", "7466_104.pdf", "7466_105.pdf", "7466_106.pdf" ]	{"7466_101.pdf": "9bbb-810503923502.html professor arrested on stalking charges By Sun Staff Reporter Nov 18, 2017 Northern Arizona University professor was arrested Oct. 30 and indicted Tuesday by a federal grand jury on five counts of felony stalking \u2013 one involving a student -- and three counts of giving false information to law enforcement. Melissa Ann Santana, 36, who worked as an associate professor of interior design, is accused of habitually stalking and harassing two firefighters from the U.S. Forest Service hotshot crew in Flagstaff, the wife of one of the firefighters, one of their friends, and an student. The stalking occurred from February 2015 to September 2017 and was largely committed through electronic communication, according to U.S. District Court documents. Santana committed the offenses using \u201cmany different identities, email addresses, social media accounts and temporary telephone numbers.\u201d The names of the victims are redacted in the report. Santana was arrested on the campus on Oct. 30 by United States Forest Service law officers spokeswoman Kimberly Ott said on Monday that Santana was no longer employed at the university but would not comment on her arrest. \u201cThe university does not comment on what appears to be an ongoing criminal matter,\u201d Ott said. Privacy - Terms Hotshots and false statements Santana met both firefighters through the online dating app Tinder. She met the first firefighter, labeled as N.L. in court documents, in November 2015, where she used the online alias \u201cAnn, 29\u201d according to court documents. N.L. told law enforcement that he had a sexual relationship with the married professor, meeting mostly in her office and his house, until June 2016, when he ended the relationship. The second firefighter, labeled as K.T. in court documents, was matched on Tinder with Santana, also under the alias \u201cAnn, 29\u201d in August 2016 and told her he wanted to meet in September 2016. He told law enforcement that he quickly learned that it was the same person who was harassing his coworker. According to court documents, both men received harassing messages from Santana under multiple false names such as \u201cLaura Towner\u201d and \u201cKendall Patterson.\u201d The messages, according to the documents, ranged from sentimental, such as a text to N.L. that said miss you so much,\u201d to malicious, with Santana telling K.T. to \u201cbe like the Granite guys and go die in a fire,\u201d referring to the 19 Granite Mountain Hotshots who died in the Yarnell Hill Fire in 2013. She later sent a message to K.T\u2019s fianc\u00e9, under the alias \u201cKelli Torrence,\u201d claiming that she was having a sexual relationship with K.T. Santana allegedly vandalized one firefighter\u2019s car by keying an expletive into the driver side door and slashing his tires. She also threatened to post another firefighter\u2019s picture online and advertise him for sexual services. In September 2016, Santana sent an email under the name \u201cCathy McCarthy\u201d to multiple supervisors of the hotshot crew claiming that Flagstaff hotshots raped her 15-year-old daughter while heading to a fire near Rock Springs, Wyoming. Rock Springs Police Department told Forest Service investigators that no Cathy McCarthy lives in the town, according to the federal court\u2019s criminal complaint. Investigators also confirmed that the address attached to the email belonged to Santana. The criminal complaint also states that Santana sent a text message using a fake number to the Globe Hotshot Superintendent Dean Whitney on September 2016. The text said, \u201cCan you please tell to call me. He won\u2019t return my phone calls, I\u2019m pregnant, it\u2019s his. He needs to take responsibility. Thanks.\u201d She sent the same message to the Flagstaff hotshot crew superintendent. Student harassment One student,, whose name was also redacted, told Forest Service investigators that he met Santana through a Craigslist post in 2014 and met her in person for the first time in February 2015. The student told the investigator that \u201cstalking on the Facebook page began about a week later.\u201d The student said he received \u201charassing phone calls from various unknown numbers, emails and posts on his personal Facebook page.\u201d He said the cyber-harassment also included a \u201csmear campaign\u201d against him that he had sexually transmitted diseases. The student did not mention Santana by name, but the Northern Arizona address shows that the computer\u2019s user searched the names of the hotshot firefighters N.L. and as well as their families. Court documents state that the student\u2019s friends were harassed online by Santana under the fake name \u201cAmanda Foster.\u201d One of his friends was fired from her job after \u201ccontinuous false post and emails that claimed she steals.\u201d The student told investigators that \u201che confided about being stalked to Santana\u201d and described the former professor as a friend. Detained United States Magistrate Judge Charles R. Pyle ordered Santana to be detained, according to court documents. He denied her release on the grounds that she was a danger to the public and a flight risk due to her use of multiple aliases over three years. The document did not state where Santana is being held. If convicted she faces a maximum sentence of 40 years, according to federal court documents Trial date set for former professor accused of stalking Former professor pleads not guilty in stalking case", "7466_102.pdf": "Ex professor accused of stalking hotshot fire crew members takes plea deal Firefighters said they were the victims of derogatory messages by text message and through Facebook. Published 6:00 a.m July 10, 2018 Updated 7:37 a.m July 10, 2018 Key Points Former professor allegedly stalked or made false statements against at least 11 people. Three of the alleged victims were hotshot firefighters. Prosecutors and defense lawyers have agreed to plea deal, according to court documents. Prosecutors and defense lawyers have agreed to a plea deal that could allow a former Northern Arizona University professor to serve no more than 13 months in custody for allegedly stalking members of hotshot fire crews. Melissa Ann Santana faces 10 felony charges of stalking and making false statements against at least 11 people, including members of the Flagstaff and Globe hotshot crews, according to a federal complaint filed in October in U.S. District Court. Under the plea agreement, Santana would plead guilty to one count false statements and two counts stalking, all felonies. Seven other felony counts of similar charges would be dismissed. Anne Ryman The Republic \| azcentral.com If a federal judge accepts the plea agreement Sept. 10, Santana would be sentenced to approximately time served in federal custody, up to $150,000 restitution to the victims and as much as eight years probation. She has been in custody since Oct. 30. The former associate professor of interior design at allegedly sent threatening messages to three hotshot crew members, an student and others, according to the federal complaint. The allegations The victims reported being harassed by a someone using various false identities, email addresses, social media accounts and temporary phone numbers. Federal investigators said they connected the accounts to Santana through search warrants of her phone and electronic communications. At least one of the men told federal investigators he had a relationship with her that ended; others met her online. Some of the alleged victims were family members of men she met. In one case, a victim and his girlfriend purchased a gun and hired security for their wedding because of safety concerns, court documents show. Santana, 36, was a Flagstaff resident and married when the alleged incidents took place from Feb. 1, 2015, to Sept. 22, 2017, according to the federal complaint. One victim told investigators he had a sexual relationship with Santana. After ending the relationship, he said his car was vandalized, and he received several derogatory texts from unknown numbers, he said. One text message read, \u201cwhy not be like the granite mountain hotshots and go die in the fire.\u201d The statement was a reference to the 19 members of the Granite Mountain Hotshots killed in the 2013 Yarnell Hill Fire. Santana's attorney, Stephen Wallin, declined comment on the allegations and the plea agreement. Santana is in federal custody at a pretrial detention center in Florence. How harassment was discovered The federal complaint said authorities were alerted to the harassment in September 2016 when a hotshot supervisor received an email from an unknown woman, which was also copied to two other supervisors with the Flagstaff Interagency Hotshot Crew. The email alleged that crew members invited the woman's underage daughter to their hotel and had sex with her while working a fire in Wyoming in the summer of 2016 special agent with the U.S. Forest Service investigated the claims but found them to be unfounded, court documents show. The federal complaint said Santana created a false identity, does not live in Wyoming, does not have a daughter and no such assault took place. During interviews with firefighters, the agent learned that several crew members and their family members reported being victims of harassment on social media sites such as Facebook and Yelp. Prosecution: Hotshots lost income The federal complaint said that during the time that law enforcement was investigating the Wyoming allegations, the Flagstaff Hotshots were unavailable for deployment to fires. \"The entire crew lost considerable income as they were not available for the last fires of the season as a direct result of this false email,\" the complaint said. The federal complaint alleges Santana sometimes used the names \"Amanda,\" \"Ann\" or \"Kendall\" on social media. She met some of the men through the dating app Tinder and on Craigslist. One member of the Flagstaff Hotshots crew said he received a message in September 2016 from a \"Kendall\" through Facebook that read, partly, \"You do a job that requires no brains whatsoever. You are just a tree cutter and hole digger. The government finds you as a disposable front line against fires. You can easily be replaced by a younger dumber version supervisor of the Globe Hotshot Crew told federal investigators he receiving a text message in September 2016, alleging that a crew member had impregnated her and he \"needs to take responsibility.\" The crew member said he had recently met a woman through Tinder who called herself \"Amanda.\" She wanted to meet with him and the crew at a Flagstaff restaurant. He said no. But she showed up anyway outside the restaurant and was upset. He went outside and asked her not to make a scene. He told federal investigators he had no further contact with her and didn't respond to any more text messages search warrant matched the phone number and text to a phone owned by Santana, the federal complaint said. The complaint said Santana created a false identity and had no relationship with the firefighter. She was employed at for five years, but her employment ended Nov. 1, 2017, shortly after she was arrested on Oct. 30 on stalking charges. Reach the reporter at 602-444-8072 or [email protected] MORE: Prescott honors 19 fallen Granite Mountain Hotshots five years later Shuttle service available for Granite Mountain Hotshots Memorial State Park Granite Mtn. Hotshots' 'lone survivor': 'The roar of the fire was huffing behind me'", "7466_103.pdf": "Former professor accused of stalking members of hotshot fire crews Firefighters said they were the victims of multiple derogatory messages by text message and through Facebook. Published 4:18 p.m Nov. 17, 2017 Updated 4:27 p.m Nov. 17, 2017 former Northern Arizona University professor faces multiple federal charges of stalking or making false statements against at least 11 people, including several members of two hotshot firefighting crews. Melissa Ann Santana, who at the time was an associate professor of interior design, allegedly sent threatening messages to three hotshot crew members, an student and others, according to a federal complaint filed in U.S. District Court in Coconino County in late October. At least one of the men told federal investigators he had a relationship with her that ended; others met her online and some of the alleged victims were family members of men she met. Santana, 36, is a Flagstaff resident and is married. She also allegedly sent what turned out to be false allegations against firefighters by email or text to supervisors with the Flagstaff and Globe hotshot crews, according to the complaint. The victims reported being harassed by a someone using various identities, email- addresses, social-media accounts and temporary phone numbers. Federal Anne Ryman The Republic \| azcentral.com investigators said they connected the accounts to Santana through search warrants of her phone and electronic communications. One victim reported having a sexual relationship with Santana. After ending the relationship, his car was vandalized and he received several derogatory texts from unknown numbers, he said. One text message read, \u201cwhy not be like the granite mountain hotshots and go die in the fire.\u201d The statement was a reference to the 19 members of the Granite Mountain Hotshots killed in the 2013 Yarnell Hill Fire. Santana's arraignment in federal court is scheduled for Nov. 29 on the felony charges. Her attorney, Stephen Wallin, said, \"We will be defending these charges vigorously.\" Santana started working at on Aug. 20, 2012, but no longer works for the university. University officials said her employment ended Nov. 1, 2017 Spokeswoman Kimberly Ott said she cannot comment on why Santana no longer works for the school. The alleged incidents occurred from Feb. 1, 2015, to Sept. 22, 2017, according to the federal complaint. The complaint said authorities were alerted to the harassment in September 2016 when a hotshot supervisor received from an unknown woman an email, which was also copied to two other supervisors with the Flagstaff Interagency Hotshot Crew. The email alleged crew members, while working a fire in Wyoming in the summer of 2016, invited the woman's underage daughter to their hotel and had sex with her special agent with the U.S. Forest Service investigated the claims and interviewed firefighters but found the allegations to be unfounded, according to court documents. The federal complaint said that Santana created a false identity, does not live in Wyoming, does not have a daughter and that the alleged incident didn't take place. During interviews with firefighters, the agent learned that several crew members and their family members reported being victims of harassment on social-media sites. The federal complaint said that during the time that law enforcement was investigating the Wyoming allegations, the Flagstaff Hotshots were unavailable for deployment to fires. \"The entire crew lost considerable income as they were not available for the last fires of the season as a direct result of this false email,\" the complaint said. The federal complaint alleges Santana sometimes used the names \"Amanda,\" \"Ann\" or \"Kendall\" on social media. She met some of the men through the dating app Tinder and on Craigslist. One member of the Flagstaff Hotshots crew said he received a message in September 2016 from a \"Kendall\" through Facebook that read, in part, \"You do a job that requires no brains whatsoever. You are just a tree cutter and hole digger. The government finds you as a disposable front line against fires. You can easily be replaced by a younger dumber version.\" Another alleged victim, an student, told federal investigators that he met Santana through a Craigslist posting in February 2015 and that he began to be stalked by someone claiming to be \"Amanda\" about a week later. He said he had been stalked for about three years, starting with the Facebook page and then through his personal Facebook page and on the Yelp website. He also received harassing messages through Tinder. Some of the harassment included a \"smear campaign\" against him, he said, such as falsely posting that he has sexually transmitted diseases supervisor of the Globe Hotshot Crew told federal investigators he receiving a text message in September 2016, alleging that a crew member had impregnated her and he \"needs to take responsibility.\" The crew member said he had recently met a woman through Tinder who called herself \"Amanda.\" She wanted to meet with him and the crew at a Flagstaff restaurant. He said no. But she showed up anyway, outside the restaurant and was upset. He went outside and asked her not to make a scene. He told federal investigators he had no further contact with her and didn't respond to any more text messages search warrant matched the phone number and text to a phone owned by Santana, the federal complaint said. The complaint said Santana created a false identify and had no relationship with the firefighter. Reach the reporter at 602-444-8072 or [email protected] MORE: 92-year-old Valley woman scammed out of $20K Arizona police use face recognition to suspects Blue eyes, brown eyes: Timeless lesson on race to spend $66 million on athletic facilities How is helping build world's largest telescope", "7466_104.pdf": "Professor accused of stalking members of hotshot crews Bill Gabbert November 19, 2017 Uncategorized Arizona During the investigation one crew was grounded \u2014 unable to be dispatched to wildfires. Melissa Ann Santana. Photo: Flagstaff Police Department former college professor has been indicted and charged with stalking wildland firefighters on two Arizona hotshot crews. Melissa Ann Santana, who at the time was an associate professor of interior design at Northern Arizona University (NAU) at Flagstaff, was arrested October 30, 2017. On November 14 she was indicted by a federal grand jury on eight felony charges, five for stalking, and three for making false statements to federal officials of the U.S. Forest Service. The day after her arrest her employment ended at the University. The 36-page federal complaint prepared by Sophia Fong, a Special Agent with the U.S. Forest Service, lays out in intricate detail numerous allegations of Ms. Santana harassing, threatening, following, calling supervisors of firefighters, and posting false information on social media sites. The investigators used multiple search warrants on the sites and Ms. Santana\u2019s cell phone to link her to the false identities used. Her main targets were firefighters with the Globe and Flagstaff Interagency Hotshot Crews. The victims of the stalking charges include two members of the Flagstaff Hotshots, the fianc\u00e9e (and later wife) of a Flagstaff Hotshot, a student at NAU, and an unlucky man who was visiting his father in Flagstaff. The felony \u201cmaking false statements\u201d allegations are for contacting the Superintendents of the two crews telling both of them, using a false name for herself, that one of their firefighters had impregnated her. She complained that he was not returning her calls \u2014 when in fact Ms. Santana had no relationship with the firefighter. She is also accused of telling three supervisors on the Flagstaff Hotshots, again while using a false identity for herself, that her teenaged daughter was sexually assaulted by firefighters while they were assigned to a fire in Wyoming. The complaint says Ms. Santana does not live in Wyoming, does not have a daughter, and no such assault took place. On September 9, 2016, during the investigation, the Flagstaff Hotshots were grounded, and prevented by the Forest Service from accepting an assignment on the Soberanes Fire south of Monterey, California. This was near the end of their fire season and would have probably been their last fire. It resulted in a significant loss of overtime income for the crew. The personal vehicles of two of the victims were vandalized, but the complaint does not say it was done by Ms. Santana. One of the cars was spray painted and the license plate was stolen. The plate later mysteriously appeared at the incident command post at a fire. On the other car the word \u201cs*\u201d was was \u201ckeyed\u201d, or scratched into the paint and a tire was punctured with a knife. Of course the accused is innocent until proven guilty, but below we list some of the allegations against Ms. Santana in the federal complaint member of the Flagstaff Hotshots was matched on Tinder to \u201cAnn, 29\u201d in August of 2016. Initially he communicated with her until he realized it was the same person who had contacted one of his co-workers. The next month he received a Tinder message from \u201cKendall\u201d, but he deleted it and blocked the sender. Then \u201cKendall Patterson\u201d sent him a message on Facebook: Hey (redacted) yea, remember me. You are a worthless piece of s. You do a job that requires no brains what so ever. You are just a tree cutter and hole digger. The government finds you as a disposable front line against fire. You can easily be replaced by a younger dumber version. You are worthless that they don\u2019t really care if a whole crew the the granite mountain guys die. Because you guys don\u2019t provide a unique service\u2026.. Be a success like the granite guys and die at your next fire. In other messages through another Tinder account, this firefighter confronted her to find out what was going on. She explained it was a Snapchat game where they post conversations of guys they \u201cscrew over\u201d. More points were awarded for hotshots than engine crews. She mentioned a number of hotshot crews, including Flagstaff, Blue Ridge, Mesa, Black Mesa, Prescott, Morman Lake, Carson, Payson, Sawtooth, and Snake River. Ms. Santana used 19 different identities to initially contact, threaten, and harass the victims: Tinder: Ann, 29 Ann, 27 Amanda, 25 Kendall Ann Facebook: Melissa Santana Ann Santa 73 Kendall Patterson 127 Kendall Patterson 7393 Amanda Foster Jo Hotshot Kelli Torrance Lara Towner Lauren Kholey Brandi Scroggins Instagram Amanda Foster Msantana1030 Kik messenger ms1930 And an unspecified alias on Craigslist Las Vegas. We listed them here in case there are other firefighters that were stalked or harassed by this person that have not yet been contacted by the Forest Service investigators. The fianc\u00e9e, now wife, of one of the Flagstaff Hotshots, was targeted by Ms. Santana who posted on the fianc\u00e9e\u2019s Facebook page the following comment below an engagement photo: Look at these love birds, Too bad f** her fianc\u00e9 over and over while he was out fighting a fire. He even wanted to keep the relationship going. Said he regretted proposing. Two weeks later Ms. Santana sent a text message to the woman saying she and the woman\u2019s fianc\u00e9 were in love and that since the fire season was over they could see each other more often. When she did not respond, Ms. Santana texted back, saying \u201cYou\u2019ll regret not talking to me\u201d, and later will show up at your work to address this\u201d. Later that day she was in a restaurant, McMillan Bar and Kitchen, near her workplace. Just after arriving she received a text from Ms. Santana, saying, \u201cHopefully the mcmillan is fun\u201d. This terrified the woman who two days later purchased a handgun for protection from the stalker. Ms. Santana knew the time and place of the planned wedding and texted the fianc\u00e9e guess will see you [there will probably be f** in the coat check before you walk down the aisle, unless he dumps your ass before then\u201d. Ms. Santana continued to send similar messages in the months leading up to the wedding, prompting the couple to hire security for the event. Typos, let us know HERE, and specify which article. Please read the commenting rules before you post a comment. Author: Bill Gabbert After working full time in wildland fire for 33 years, he continues to learn, and strives to be a Student of Fire. View all posts by Bill Gabbert 6 thoughts on \u201cProfessor accused of stalking members of hotshot crews\u201d W. Yav November 22, 2017 at 9:41 pm Wow. Is there any known explanation (not conjecture) available as to why she targeted Hotshots or was there a history of other groups/persons she fixated on? \u2026 (As if we all don\u2019t have enough trouble in our lives.) Not even sure if it\u2019s worth posing the question \u2013 the explanation maybe unfathomable. 0 0 B.Morgan November 20, 2017 at 6:29 pm have known several officers with federal agencies who have been stalked like this even in the pre-computer days of 70-80s. It can be a real pain for the people being stalked. The mentality in the late 70 was how could a man not enjoy being stalked and he should enjoy the attention. Then there were many women who were stalked/harassed/assaulted by fellow employees and supervisors and if they spoke up were blackballed or fired if a seasonal or transferred to some very remote undesirable location glad to see the took aggressive prompt actions on this feel badly the crew lost a good assignment and the end of season OT. As a officer investigated a couple of cases of stalking and both male/female suspects were very strange, mentally sick and unbalanced people. 0 0 Brabazon November 20, 2017 at 10:08 am Behavior like this was one of the reasons why never took my husband\u2019s name when we married. Not all of the public embraces federal employees. Some days it is just best to use your first name and last initial. 0 0 Bill Plough November 20, 2017 at 8:31 am This situation is in fact surreal. It appears that many Fed and prosecutor folks have done a very good job of investigating this sad incident. Thanks to all who dug in on this and will make it possible for this case to come before the court. Bill Plough 0 0 David Kauffman Jr November 19, 2017 at 4:25 pm This surreal to me,is this person a mental case? I\u2019d say yes,but what if anything prompted this once lived with a woman whom was truly afraid of feared for my life,and after got out of it and moved into my folks garage as temp housing,she hired a guy who was a friend of my best friend to kill me,thankfully the guy told my buddy and they went to the police,who came to me,thankfully my time in the allowed me to have a good relationship with 90% of the loacal officers and from my job as a plumber had many friends in the county and in the DAs office,this woman spent 5 years locked up,then offed herself when a second victim confronted her about their relationship. 0 0 Andy Stahl November 22, 2017 at 4:39 pm Indeed, what prompted this? According to the Washington Post: \u201cDuring the investigation into the Sept. 29 allegations, the Forest Service investigator Fong stumbled upon three members of wildfire crews who had previous contact with Santana, an affidavit filed in federal court said. All are only identified by initials. All met her on Tinder, a dating app. N.L., a member of the Flagstaff crew, admitted to recently ending a sexual relationship with Santana. The two were matched on Tinder in November 2015. Santana used the name\u201dAnn\u201d and stated she was \u201clooking for friends for daytime fun.\u201d They began exchanging messages and meeting up. N.L., however, \u201cbecame increasingly uncomfortable with the relationship and ended it in June, 2016,\u201d the affidavit said. Santana, however, \u201cdid not react well to the termination of the relationship,\u201d and continued to message the firefighter.\u201d Hook-up sex gone bad. Who would have thunk? If convicted, she faces 40 years in prison. 0 0 Comments are closed.", "7466_105.pdf": "nau-student/article_8380dcb6-cbdb-11e7-99cb-5f3a43ca9474.html professor arrested: Allegedly stalked and harassed Hotshots and student Adrian Skabelund Nov 17, 2017 Former interior design professor Melissa Ann Santana, 36, was arrested Oct. 30 by the United States Forest Service law enforcement officials on eight counts including knowingly making false statements to federal officials, harassment and online stalking. The investigation was made up of multiple federal and local law enforcement agencies including the U.S. Forest Service, Flagstaff Police Department and the FBI, said public information officer Dillon Jenkins. Santana was indicted by a federal grand jury Nov. 14, according to the Arizona Daily Sun. Among her alleged victims were two U.S. Forest Service Globe Hotshots. The names were redacted in court documents and only referred to the crew members as N.L. and K.T. Santana also allegedly harassed an student, and the wife of another hotshot referred to as M.G. and E.T. respectively. The court documents describe a long history of harassment and stalking approximately from Sept. 9, 2016 to Sept. 22, 2017. During this time, Santana created and used at least 19 fake accounts on a myriad of websites and social media platforms. According to spokesperson Heidi Toth, shortly after her arrest Santana was let go by the university. Toth could not comment further on the active criminal investigation. It appears that the student, M.G., may have been Santana\u2019s first victim. M.G. first met Santana on a Craigslist posting in December 2014 and they met in person the following February. M.G. first reported being harassed approximately three years ago over Facebook. M.G. then started receiving harassing calls from unknown numbers as well as messages on emails, Facebook posts and varies dating apps. In court documents, M.G. described the harassment as a \u201csmear campaign,\u201d including a claim that he had \u201cSTDs.\u201d When his friends defended M.G. online, they too started receiving harassment. Because of the harassment, M.G. said he now has trouble trusting anyone and finding relationships has been difficult, according to court documents. Throughout this time, M.G. was not aware that Santana may have been the culprit and remained friends with the professor, confiding with her on the harassment and stalking he and his friends were experiencing. Recently, M.G. told investigators he had been harassed online by a person calling themselves Amanda Foster but it appears as if this was one of Santana\u2019s many fake accounts. M.G. said these experiences have dramatically altered his life and the lives of his friends. For their part, Hotshots N.L. and K.T. both met Santana over the dating app Tinder. Despite the fact that Santana is married, N.L. said that he had a sexual relationship with her, mostly meeting in her campus office and at his house. The relationship lasted from approximately Nov. 2015 to June 2016, when he then broke it off as the relationship had become \u201cincreasingly uncomfortable,\u201d according to court documents. N.L. then started receiving harassing messages and phone calls. In one such message, Santana told to \u201cbe like the Granite Mountain Hotshots and go die in a fire, the the dumb* losers there.\u201d Santana also allegedly posted N.L.\u2019s contact information online and vandalized his car by slashing the tires and keying an expletive into the door. It appears she was also keeping track of N.L.\u2019s movements. Two months later in August 2016, K.T. matched with Santana on Tinder, but soon learned that she was the individual harassing N.L. Like his coworker, K.T. also started receiving harassment from various social media accounts allegedly run by Santana. As part of her harassment of the two firefighters, it appears that Santana made a number of knowingly false statements to U.S. Forest Service officials. On Sept. 9, 2016, the superintendent of the Globe Hotshots received an email from a Cathy McCarthy in Wyoming, claiming that her 15- year-old daughter had been sexually assaulted by three firefighters at a motel when they were on a fire fighting assignment in that state. It is believed that the McCarthy character was Santana. The agency conducted an investigation of the report and after speaking with motel owners, Wyoming police and checking the firefighters logs, it was determined that there was no evidence that the incident occurred. The email account used by McCarthy was linked to an address that Santana had used to send other harassing messages. The account was created one day before the superintended received the message and deleted the day after. Later in the month, the superintendents for the Globe Hotshot crew and the Flagstaff Hotshot crew also received text messages from the same phone number. The sender, who did not leave a name, claimed that firefighters in both of those organizations had impregnated her and that they were not returning her phone calls. She wanted the firefighters to \u201ctake responsibility.\u201d According to court documents, investigators found no support for the claims and the messages that came from an Android phone like the one owned by Santana. In September 2016, Santana also began to harass the fianc\u00e9 of another of N.L.\u2019s coworkers, a woman referred to as E.T. by court documents. Santana told E.T., that she and E.T.\u2019s now husband were in love and that he regretted proposing to her. It is unknown where Santana is being held at this time, but she was denied bail by United States Magistrate Judge Charles Pyle on the grounds that she is a flight risk for using multiple aliases and a danger to the public, according to the Arizona Daily Sun.", "7466_106.pdf": "FLAGSTAFF, Ariz former Northern Arizona University professor could serve no more than 13 months in custody for allegedly stalking members of hotshot fire crews. Melissa Ann Santana faces 10 felony charges of stalking and making false statements against at least 11 people, including members of the Flagstaff and Globe hotshot crews, according to court records. Prosecutors and defense attorneys have agreed to a deal in which Santana would plead guilty to one count of false statements and two counts of stalking. Seven other felony counts of similar charges would be dismissed, The Arizona Republic reported . If a federal judge accepts the plea agreement in September, Santana, who has been in custody since Oct. 30, would be sentenced to time served, up to $150,000 restitution to the victims and as much as eight years of probation. Ex-professor accused of stalking fire crews takes plea deal Updated 5:36 EDT, July 11, 2018 Live updates: Israel strikes Gaza Live: Trump-Putin Forever 21 March Madness Severe we Santana, a former associate professor of interior design at NAU, allegedly sent threatening messages to three hotshot crew members, a student and others, according to a federal complaint. The victims reported being harassed by someone using various false identities, email addresses, social media accounts and temporary phone numbers. Federal investigators said they connected the accounts to Santana through search warrants of her phone and electronic communications. At least one of the men told federal investigators he had a relationship with her that ended; others met her online. The 36-year-old Santana was a Flagstaff resident and married when the alleged incidents took place from Feb. 1, 2015, to Sept. 22, 2017, according to the complaint. One victim told investigators he had a sexual relationship with Santana. After ending the relationship, he said his car was vandalized, and he received several derogatory texts from unknown numbers. One text message read, \u201cWhy not be like the granite mountain hotshots and go die in the fire.\u201d The statement was a reference to the 19 members of the Granite Mountain Hotshots who were killed in a 2013 wildfire. Santana\u2019s attorney, Stephen Wallin, declined comment on the allegations and the plea agreement. Santana was employed at for five years, but her employment ended Nov. 1, 2017, shortly after she was arrested on Oct. 30 on stalking charges. ___ Information from: The Arizona Republic, 1 Trump administration deports hundreds of immigrants even as a judge orders their removals be stopped 2 staff return to crowded offices, broken equipment and missing chairs 3 \u2018Danish Viking blood is boiling.\u2019 Danes boycott goods with fervor as others in Europe do so too 4 Judge questions Trump administration on whether it ignored order to turn around deportation flights 5 South African ambassador has to leave the by Friday, Trump administration says"}
7,498	John Kennedy	Pace University	[ "7498_101.pdf", "7498_102.pdf", "7498_103.pdf" ]	{"7498_101.pdf": "Robert Kennedy Jr attends a Trump rally in Glendale, Arizona, in August. Photograph: Rebecca Noble/Getty Images Trump administration This article is more than 2 months old Jr sexual assault accuser says she chose to speak out after Super Bowl ad Eliza Cooney, who worked as Kennedy babysitter, speaking \u2018not to upend the confirmation \u2026 but for the public record politics \u2013 live updates Martin Pengelly in Washington Thu 21 Nov 2024 18.43 woman who publicly accused Robert Kennedy Jr of sexual assault when she worked for him as a babysitter said she was motivated to do so when he released a campaign ad based on a famous advertisement for his uncle, President John Kennedy. 2/21/25, 7:50 Jr sexual assault accuser says she chose to speak out after Super Bowl ad \| Trump administration \| The Guardian 1/7 literally was just watching the Super Bowl and saw the ad and thought, \u2018You\u2019ve gotta be kidding me,\u2019\u201d Eliza Cooney told Today. Released when Kennedy was running for president as an independent, the ad attracted criticism from members of the famous Democratic political family. Kennedy Jr apologized \u2013 but kept the ad online. Nine months later, after dropping out of the presidential race and backing Donald Trump, Kennedy is Trump\u2019s nominee for health secretary hugely controversial choice given his promotion of vaccine conspiracy theories and other disputed health claims, Kennedy is also one of a number of Trump cabinet picks to be accused of sexual misconduct. Cooney initially told Vanity Fair about how she went to work for Kennedy in 1998, when she was 23 and he was a 45-year-old environmental attorney. Describing a series of unwanted advances, she said Kennedy ultimately \u201ccame up behind her \u2026 and began groping her, putting his hands on her hips and sliding them up along her rib cage and breasts\u201d, before being interrupted by someone walking into the room. When Kennedy was asked about Cooney\u2019s allegations, he told the BreakingPoints podcast he was \u201cnot a church boy have so many skeletons in my closet\u201d, but refused to comment further. In the Today interview published on Wednesday, Cooney said know that there are hard-working people who don\u2019t have skeletons in their closet. And wish we were electing people with fewer skeletons in their closet.\u201d In July, it was widely reported that Kennedy sent a text to Cooney after the Vanity Fair story was published. He wrote read your description of an episode in which touched you in an unwanted manner have no memory of this incident but apologize sincerely for anything ever did that made you feel uncomfortable or anything did or said that offended you or hurt your feelings never intended you any harm. If hurt you, it was inadvertent feel badly for doing so.\u201d Cooney told Today don\u2019t know if it\u2019s an apology if you say don\u2019t remember.\u2019 In the context of all his public appearances, it seemed a little bit \u2013 it didn\u2019t match. It was like a throwaway.\u201d Sign up to Headlines Free newsletter 2/21/25, 7:50 Jr sexual assault accuser says she chose to speak out after Super Bowl ad \| Trump administration \| The Guardian 2/7 Get the most important headlines and highlights emailed direct to you every morning Enter your email address Sign up Privacy Notice: Newsletters may contain info about charities, online ads, and content funded by outside parties. For more information see our . We use Google reCaptcha to protect our website and the Google and apply Today said it had contacted a lawyer for a Kennedy non-profit and Trump\u2019s transition team for comment. Perhaps busy dealing with allegations of sexual misconduct against Pete Hegseth, the nominee for defense secretary, and Matt Gaetz, then the nominee for attorney general, the Trump transition did not immediately respond. The next day, Gaetz withdrew from consideration for a cabinet post. Cooney said she was not speaking out about Kennedy \u201cto try to stall his nomination or upend the confirmation\u201d, but was \u201cjust doing it for the public record\u201d, having first told people of the alleged assault in 2023 during the #MeToo movement, which began in 2017 and when many women named their sexual abusers. Saying that for a long time she \u201cbrushed this off a little bit\u201d, seeing sexual assault as \u201cjust the price of doing business\u201d, Cooney added: \u201cIt\u2019s remarkable that it\u2019s as prevalent as it is. And just wonder \u2013 have we made any progress? This is like a rewind.\u201d This article was amended on 22 November 2024 to clarify that Eliza Cooney first told people in 2023, not in 2017, of the alleged assault against her by Robert Kennedy Jr. Privacy Policy Privacy Policy Terms of Service 2/21/25, 7:50 Jr sexual assault accuser says she chose to speak out after Super Bowl ad \| Trump administration \| The Guardian 3/7 Most viewed 2/21/25, 7:50 Jr sexual assault accuser says she chose to speak out after Super Bowl ad \| Trump administration \| The Guardian 4/7 2/21/25, 7:50 Jr sexual assault accuser says she chose to speak out after Super Bowl ad \| Trump administration \| The Guardian 5/7 2/21/25, 7:50 Jr sexual assault accuser says she chose to speak out after Super Bowl ad \| Trump administration \| The Guardian 6/7 2/21/25, 7:50 Jr sexual assault accuser says she chose to speak out after Super Bowl ad \| Trump administration \| The Guardian 7/7", "7498_102.pdf": "2024 Allegations of Presidential Sexual Misconduct Nothing New November 24, 2017 5:45 By Mike O'Sullivan \u2014 Sex scandals in entertainment and politics seem to be exploding, as increasing numbers of women, and sometimes men, say they have been sexually assaulted or harassed by the powerful. But in politics, sex scandals are nothing new, and allegations of misconduct have swirled around a number of U.S. presidents, including the current White House occupant, Donald Trump. At least a half-dozen presidents may have had sexual affairs, beginning with the third president, Thomas Jefferson. Many historians believe that Jefferson fathered children by one of his slaves, Sally Hemmings, a liaison rumored in his lifetime and supported by modern tests that show a link between the Jefferson and Hemmings family lines. In the 20th century, President Lyndon Johnson was an accomplished legislator and chief executive, but biographers say he was also a womanizer and had numerous sexual affairs inside and outside the White House. President John Kennedy had relations with many women, his biographers say, famously including the glamorous Hollywood actress Marilyn Monroe. \u2018Seduction\u2019 One presidential historian says it\u2019s not surprising that some politicians have strayed from their marriage vows. 2/21/25, 7:50 Allegations of Presidential Sexual Misconduct Nothing New 1/3 \u201cWhat is politics if it\u2019s not seduction?\u201d asked Richard Reeves, who has written books on five presidents. \u201cThat\u2019s what they do for a living.\u201d Kennedy\u2019s close relationship with the press kept his liaisons from the public during his lifetime, something that would be unlikely in the internet age, said Reeves, who teaches at the Annenberg School for Communication and Journalism at the University of Southern California. Consenting relationships between adults are not illegal, notes legal scholar Ariela Gross, who teaches at USC\u2019s law school. \u201cWe also want to be able to distinguish between people who are predators going after 14-year-old girls, and incidents that, while bad, wouldn\u2019t be criminal or perhaps even actionable sexual harassment if they were in a court of law,\u201d Gross said. She was referring to allegations against U.S. Senate candidate Roy Moore of Alabama, who is accused of groping teenaged girls decades ago when he was a prosecutor nearly 20 years their senior. Moore has lost much of his support among fellow Republicans, including that of the Republican National Committee. While Trump has voiced support for Moore, he has not given the candidate a full endorsement. Beleaguered Minnesota Senator Al Franken, a Democrat, could face a Senate ethics investigation over allegations that he kissed a woman against her will and groped her while she was asleep when the two were on tour as entertainers to military posts in 2003 photograph from the time shows the groping. It happened before Franken had embarked on his political career, but he was recently accused of grabbing women\u2019s buttocks while making an official appearance as a U.S. senator. \u200bShook the political system Allegations of sexual assault surrounding former President Bill Clinton shook the political system in 1998. 2/21/25, 7:50 Allegations of Presidential Sexual Misconduct Nothing New 2/3 Clinton was accused of lying under oath and obstructing justice when questioned about a sexual relationship with White House intern Monica Lewinsky. He survived the impeachment vote in the Senate. \u201cThere\u2019s no question that Clinton got lucky,\u201d presidential biographer Reeves said. \u201cAgain, if the web were around, he probably wouldn\u2019t have survived.\u201d Reeves notes that the internet has changed the pace and tenor of political news coverage. About 16 women have accused Trump of sexual harassment or worse. He has labeled the accusations \u201cfake news\u201d in both online tweets and other statements. None of the allegations has been proved, but in a tape from 2005, the future president was heard boasting about groping women. The tape was released before last year\u2019s election. \u201cThat case is remarkable in that if he did the things that he bragged about on tape, grabbing women, as he said, by their private parts, that would be sexual assault,\u201d legal scholar Gross said, noting that sexual assault is a criminal act. \u201cOf course, our evidence is simply what he has said.\u201d WATCH: Allegations of Sexual Misconduct by Presidents Not New Men, including presidents, have been known to exaggerate, historian Reeves says. Moreover, women and men may disagree on what happened between them, and rivals and opponents can publicize assertions, whether true or not. The scholars say victims of sexual assault have become emboldened, and while the truth of allegations can be difficult to determine, a critical public is holding those in power, including presidents, accountable for behavior behind closed doors. 2/21/25, 7:50 Allegations of Presidential Sexual Misconduct Nothing New 3/3", "7498_103.pdf": "Robert F. Kennedy Jr. Official portrait, 2025 26th United States Secretary of Health and Human Services Incumbent Assumed office February 13, 2025 President Donald Trump Deputy Jim O'Neill (nominee) Preceded by Xavier Becerra Personal details Born Robert Francis Kennedy Jr. January 17, 1954 Washington, D.C., U.S. Political party Democratic (before 2023) Independent (2023\u2013present) Spouses Emily Black \u200b\u200b(m. 1982; div. 1994)\u200b Mary Richardson \u200b Robert F. Kennedy Jr. Robert Francis Kennedy Jr. (born January 17, 1954), also known by his initials Jr., is an American politician, environmental lawyer, author, anti-vaccine activist, and conspiracy theorist who has served as the 26th United States secretary of health and human services since February 13, 2025 member of the Kennedy family, he is a son of Senator Robert F. Kennedy and a nephew of President John F. Kennedy. Kennedy grew up in the Washington, D.C. area and Massachusetts, and graduated from Harvard University and the University of Virginia School of Law. He began his career as an assistant district attorney in Manhattan. In the mid-1980s, he joined two nonprofits focused on environmental protection: Riverkeeper and the Natural Resources Defense Council (NRDC). He became an adjunct professor of environmental law at Pace University School of Law in 1986. In 1987, Kennedy founded Pace's Environmental Litigation Clinic. He founded the nonprofit environmental group Waterkeeper Alliance in 1999. He first ran as a Democrat and later started an independent campaign in the 2024 United States presidential election, before withdrawing from the race and endorsing Republican candidate Donald Trump. Since 2005, Kennedy has promoted vaccine misinformation[1] and public-health conspiracy theories,[2] including the scientifically disproved claim of a causal link between vaccines and autism. He is the founder and former chairman[3] of Children's Health Defense, an anti-vaccine advocacy group and proponent of COVID-19 vaccine misinformation. Kennedy has written books including The Riverkeepers (1997), Crimes Against Nature (2004), The Real Anthony Fauci (2021), and Letter to Liberals (2022). 2/21/25, 7:50 Robert F. Kennedy Jr. - Wikipedia 1/65 \u200b(m. 1994; died 2012)\u200b Cheryl Hines \u200b(m. 2014)\u200b Children 6 Parents Robert F. Kennedy Ethel Kennedy Relatives Kennedy family Education Harvard University (BA) London School of Economics University of Virginia (JD) Pace University (LLM) Kennedy's voice Kennedy on Eisenhower's foreign policy Recorded June 29, 2023 Kennedy with his uncle John F. Kennedy in the Oval Office, 1961 Kennedy was born at Georgetown University Hospital in Washington, D.C., on January 17, 1954. He is the third of eleven children of senator and U.S. attorney general Robert F. Kennedy and Ethel Skakel. He is a nephew of President John F. Kennedy and Senator Ted Kennedy.[4] Kennedy was raised at the Kennedy Compound in Hyannis Port, Massachusetts, and at Hickory Hill, the family estate in McLean, Virginia.[5][6][7] In June 1972, Kennedy graduated from the Palfrey Street School, a day school in a Boston suburb.[8] While attending Palfrey, he lived with a surrogate family at a farmhouse in Cambridge, Massachusetts.[9] Kennedy continued his education at Harvard University, graduating in 1976 with a Bachelor of Arts in American history and literature. He earned a Juris Doctor degree from the University of Virginia School of Law in 1982[10] and a Master of Laws from Pace University in 1987.[11] He was nine years old when his uncle, President John F. Kennedy, was assassinated in 1963, and 14 when his father was assassinated while running for president in 1968.[12] Kennedy learned of his father's shooting while at Georgetown Preparatory School.[13 few hours later, he flew to Los Angeles on Vice President Hubert Humphrey's plane, along with his older siblings, Kathleen and Joseph. He was with his father when he died. Kennedy was a pallbearer at his father's funeral, where he spoke and read excerpts from his father's speeches at the mass commemorating his death at Arlington National Cemetery.[14][15] After his father's death, Kennedy struggled with drug abuse, which led to his arrest in Barnstable, Massachusetts, for cannabis possession at age 16,[16][17] and his expulsion from two boarding schools: Millbrook and Pomfret.[18][19] During this time, some in the Kennedy family regarded him as the \"ringleader\" of a pack of spoiled, rich kids who called themselves the \"Hyannis Port Terrors\", engaging in vandalism, theft, and drug use.[20][21] His first cousin Caroline Kennedy later blamed Kennedy for leading other members of their family \"down the path of drug addiction\", calling him a \"predator\".[22] At Harvard, Kennedy continued his experimentation with heroin and cocaine, often with his brother David, earning a reputation that has been described as a \"pied piper\" and \"drug dealer\".[23][24] 0:24 Early life and education 2/21/25, 7:50 Robert F. Kennedy Jr. - Wikipedia 2/65 In 1982, Kennedy was sworn in as an assistant district attorney for Manhattan.[25] After failing the New York bar exam, he resigned in July 1983.[26] On September 16, 1983, Kennedy was charged with heroin possession in Rapid City, South Dakota.[26] In February 1984, he pleaded guilty to a single felony charge of possession of heroin, and was sentenced to two years of probation and community service.[27][28] After his arrest, he entered a drug treatment center.[26] To satisfy conditions of his probation, Kennedy worked as a volunteer for the Natural Resources Defense Council (NRDC) and was required to attend regular drug rehabilitation sessions.[29] Kennedy asserted that this ended his 14 years of heroin use, which he said had begun when he was 15.[24] His probation ended a year early.[29] In 1984, Kennedy began volunteering at the Hudson River Fisherman's Association, renamed Riverkeeper in 1986 after a patrol boat it had built with settlement money from legal victories preceding Kennedy's arrival.[30][31] After he was admitted to the New York bar in 1985, Riverkeeper hired him as senior attorney.[29][30][32] Kennedy litigated and supervised environmental enforcement lawsuits on the east coast estuaries on behalf of Hudson Riverkeeper and the Long Island Soundkeeper,[33] where he was also a board member. Long Island Soundkeeper sued several municipalities and cities along the Connecticut and New York coastlines.[34] On the Hudson, Kennedy sued municipalities and industries, including General Electric, to stop discharging pollution and clean up legacy contamination.[35] His work at Riverkeeper set long-term environmental legal standards.[35] In 1995, Kennedy advocated for repeal of legislation that he considered unfriendly to the environment.[36] In 1997, he worked with John Cronin to write The Riverkeepers, a history of the early Riverkeepers and a primer for the Waterkeeper movement.[32] In 2000, a majority of Riverkeeper's board sided with Kennedy when he insisted on rehiring William Wegner, a wildlife lecturer and falcon trainer[37][30] whom the organization's founder and president, Robert H. Boyle, had fired six months earlier after learning that Wegner had been convicted in 1995 for tax fraud, perjury, and conspiracy to violate wildlife protection laws.[30][38] Wegner had recruited and led a team of at least 10 who smuggled cockatoo eggs, including species considered endangered by Australia, from Australia to the U.S. over a period of eight years.[37][30] He served 3.5 years of a five- year sentence and was hired by Kennedy a few months after his release.[30] After the board's decision, Boyle, eight of the 22 members of the board, and Riverkeeper's treasurer resigned, saying it was not right for an environmental organization to hire someone convicted of environmental crimes and that it would hurt the organization's fundraising.[30][38] Legal career Manhattan DA's office Conviction for heroin possession Riverkeeper 2/21/25, 7:50 Robert F. Kennedy Jr. - Wikipedia 3/65 While working with Riverkeeper, Kennedy spearheaded a 34-year battle to close the Indian Point nuclear-power plant.[39] Kennedy was featured in a 2004 documentary about the plant, Indian Point: Imagining the Unimaginable, directed by his sister, the documentary filmmaker Rory Kennedy.[40] In 2017, Kennedy argued that the electricity Indian Point provided could be fully replaced by renewable energy.[39] In 2022, after the plant's closure, carbon emissions from electricity generation in New York state increased by 37%, compared to 2019, before the start of the closure.[41][42] Kennedy resigned from Riverkeeper in 2017.[30][43][44] In 1987, Kennedy founded the Environmental Litigation Clinic at Pace University School of Law,[45] where for three decades he was the clinic's supervising attorney and co-director and Clinical Professor of Law.[46][47] Kennedy obtained a special order from the New York State Court of Appeals that permitted his 10 clinic students to practice law and try cases against Hudson River polluters in state and federal court, under the supervision of Kennedy and his co-director, Professor Karl Coplan. The clinic's full-time clients are Riverkeeper and Long Island Soundkeeper.[48] The clinic has sued governments and companies for polluting Long Island Sound and the Hudson River and its tributaries.[49] It argued cases to expand citizen access to the shoreline and won hundreds of settlements for the Hudson Riverkeeper.[50] Kennedy and his students also sued dozens of municipal wastewater treatment plants to force compliance with the Clean Water Act.[48] In 2010, a Pace lawsuit forced ExxonMobil to clean up tens of millions of gallons of oil from legacy refinery spills in Newtown Creek in Brooklyn.[51] On April 11, 2001, Men's Journal gave Kennedy its \"Heroes\" Award for creating the Pace Environmental Litigation Clinic.[52] Kennedy and the clinic received other awards for successful legal work cleaning up the environment.[53] The Pace Clinic became a model for similar environmental law clinics throughout the country.[54][55][56][57] In June 1999, as Riverkeeper's success on the Hudson began inspiring the creation of Waterkeepers across North America, Kennedy and a few dozen Riverkeepers gathered in Southampton, Long Island, to found the Waterkeeper Alliance, which is now the umbrella group for the 344 licensed Waterkeeper programs[58] in 44 countries.[59] As president, Kennedy oversaw its legal, membership, policy and fundraising programs. The Alliance is dedicated to promoting \"swimmable, fishable, drinkable waterways, worldwide\".[60] Under Kennedy's leadership, Waterkeeper launched its \"Clean Coal is a Deadly Lie\"[61] campaign in 2001, bringing dozens of lawsuits targeting mining practices, including mountaintop removal[62] and slurry pond construction, as well as coal-burning utilities' mercury emissions and coal ash piles.[63] Kennedy's Waterkeeper alliance has also been fighting coal export, including from terminals in the Pacific Northwest.[64] Pace Environmental Litigation Clinic Waterkeeper Alliance 2/21/25, 7:50 Robert F. Kennedy Jr. - Wikipedia 4/65 Kennedy in 2000 Waterkeeper waged a legal and public relations battle against pollution from factory farms. In the 1990s, Kennedy rallied opposition to factory farms among small independent farmers, convened a series of \"National Summits\" on factory meat products, and conducted press conference whistle-stop tours across North Carolina, Iowa, Kansas, Missouri, Illinois, Ohio, and in Washington, D.C. Beginning in 2000, Kennedy sued factory farms in North Carolina, Oklahoma, Maryland, and Iowa.[65] In a 2003 article, he argued factory farms produce lower-quality, less healthy food, and harm independent family farmers by poisoning their air and water, reducing their property values, and using extensive state and federal subsidies to impose unfair competition against them.[66] Kennedy and his environmental work have been the focus of several films, including The Waterkeepers (2000),[67] directed by Les Guthman. In 2008, he appeared in the documentary film Grand Canyon Adventure: River at Risk, riding the Grand Canyon in a wooden dory with his daughter Kick and anthropologist Wade Davis.[68] Kennedy resigned the Waterkeeper Alliance presidency in November 2020.[69] Beginning in 1991, Kennedy represented environmentalists and New York City watershed consumers in a series of lawsuits against New York City and upstate watershed polluters. Kennedy authored a series of articles and reports[70][71][72][73] alleging that New York State was abdicating its responsibility to protect the water repository and supply. In 1996, he helped orchestrate the $1.2 billion New York City Watershed Agreement, which New York magazine recognized in its cover story, \"The Kennedy Who Matters\".[74] This agreement, which Kennedy negotiated on behalf of environmentalists and New York City watershed consumers, is regarded as an international model in stakeholder consensus negotiations and sustainable development.[75] In 2000, Kennedy and the environmental lawyer Kevin Madonna founded the environmental law firm Kennedy & Madonna, LLP, to represent private plaintiffs against polluters.[76] The firm litigates environmental contamination cases on behalf of individuals, non- profit organizations, school districts, public water suppliers, Indian tribes, municipalities and states. In 2001, Kennedy & Madonna organized a team of prestigious plaintiff law firms to challenge pollution from industrial pork and poultry production.[77] In 2004, the firm was part of a legal team that secured a $70 million settlement for property owners in Pensacola, Florida whose properties were contaminated by chemicals from an adjacent Superfund site.[78] Kennedy & Madonna was profiled in the 2010 documentary Mann v. Ford,[79] which chronicles four years of litigation by the firm on behalf of the Ramapough Mountain Indians against the Ford Motor Company for dumping toxic waste on tribal lands in New York City Watershed Agreement Kennedy & Madonna 2/21/25, 7:50 Robert F. Kennedy Jr. - Wikipedia 5/65 northern New Jersey.[80] In addition to a monetary settlement for the tribe, the lawsuit contributed to the community's land being relisted on the federal Superfund list, the first time that a delisted site was relisted.[81] In 2007, Kennedy was one of three finalists nominated by Public Justice as \"Trial Lawyer of the Year\" for his role in the $396 million jury verdict against DuPont for contamination from its Spelter, West Virginia, zinc plant.[82] In 2017, the firm was part of the trial team that secured a $670 million settlement on behalf of over 3,000 residents from Ohio and West Virginia whose drinking water was contaminated by the toxic chemical perfluorooctanoic acid, which DuPont released into the environment in Parkersburg, West Virginia.[83] In 2016, Kennedy became counsel to the Morgan & Morgan law firm.[84] The partnership arose from the two firms' successful collaboration on the case against SoCalGas Company following the Aliso Canyon gas leak in California.[85] In 2017, Kennedy and his partners sued Monsanto in federal court in San Francisco, on behalf of plaintiffs seeking to recover damages for non-Hodgkin's lymphoma cases that, the plaintiffs allege, were a result of exposure to Monsanto's glyphosate-based herbicide, Roundup. Kennedy and his team also filed a class action lawsuit against Monsanto for failing to warn consumers about the dangers allegedly posed by exposure to Roundup.[86] In September 2018, Kennedy and his partners filed a class-action lawsuit against Columbia Gas of Massachusetts alleging negligence following gas explosions in three towns north of Boston. Of Columbia Gas, Kennedy said \"as they build new miles of pipe, the same company is ignoring its existing infrastructure, which we now know is eroding and is dilapidated\".[87] In 2005, Kennedy clashed with national environmental groups over his opposition to the Cape Wind Project, a proposed offshore wind farm in Cape Cod, Massachusetts (in Nantucket Sound). Taking the side of Cape Cod's commercial fishing industry, Kennedy argued that the project was a costly boondoggle. This position angered some environmentalists, and Kennedy was criticized by commentators such as Rush Limbaugh and John Stossel, the latter of whom called him a hypocrite.[88] In The Wall Street Journal, Kennedy wrote, \"Vermont wants to take its nuclear plant off line and replace it with clean, green power from Hydro-Qu\u00e9bec\u2014power available to Massachusetts utilities\u2014at a cost of six cents per kilowatt hour (kwh). Cape Wind electricity, by a conservative estimate and based on figures they filed with the state, comes in at 25 cents per kwh.\"[89] In 1999, Kennedy, Chris Bartle and John Hoving created a bottled water company, Keeper Springs, which donated all of its profits to Waterkeeper Alliance.[90] Kennedy was a venture partner and senior advisor at VantagePoint Capital Partners, one of the world's largest cleantech venture capital firms. Among other activities, VantagePoint was the original and largest pre institutional investor in Tesla, Inc.[91] VantagePoint also backed BrightSource Morgan & Morgan Cape Wind Other ventures 2/21/25, 7:50 Robert F. Kennedy Jr. - Wikipedia 6/65 Energy and Solazyme, amongst others. Kennedy is a board member and counselor to several of Vantage Point's portfolio companies in the water and energy space, including Ostara, a Vancouver- based company that markets the technology to remove phosphorus and other excessive nutrients from wastewater, transforming otherwise pollution directly into high-grade fertilizer.[92] He is also a senior advisor to Starwood Energy Group and has played a key role in a number of the firm's investments.[93] He is on the board of Vionx, a Massachusetts-based utility-scale vanadium flow battery systems manufacturer. On October 5, 2017, Vionx, National Grid and the U.S. Department of Energy completed the installation of advanced flow batteries at Holy Name High School in the city of Worcester, Massachusetts. The collaboration also includes Siemens and the United Technologies Research Center and constitutes one of the largest energy storage facilities in Massachusetts.[94] Kennedy helped found and served on the board of the New York League of Conservation Voters.[95][96] Kennedy is a partner in ColorZen, which offers a turnkey-cotton-fiber pre-treatment solution that reduces water usage and toxic discharges in the cotton-dyeing process.[97][98][99] Kennedy was a co-owner and director of the smart-grid company Utility Integration Solutions (UISol),[100] which was acquired by Alstom. He is presently a co-owner and director of GridBright, the market-leading grid management specialist.[101] In October 2011, Kennedy co-founded EcoWatch, an environmental news site. He resigned from its board of directors in January 2018.[102] In his first case as an environmental attorney, Kennedy represented the in a lawsuit against a proposal to build a garbage transfer station in a minority neighborhood in Ossining, New York.[103] In 1987, he successfully sued Westchester County to reopen the Croton Point Park, which was primarily used by poor and minority communities from the Bronx.[104] He then forced the reopening of the Pelham Bay Park, which New York City had closed to the public and converted to a police firing range.[32] Starting in 1985, Kennedy helped develop the international program for environmental, energy, and human rights of the Natural Resources Defense Council (NRDC), traveling to Canada and Latin America to assist indigenous tribes in protecting their homelands and opposing large-scale energy and extractive projects in remote wilderness areas.[105] In 1990, Kennedy assisted indigenous Pehuenches in Chile in a partially successful campaign to stop the construction of a series of dams on Chile's iconic Biob\u00edo River. That campaign derailed all but one of the proposed dams.[106] Beginning in 1992, he assisted the Cree Indians of northern Quebec in their campaign against Hydro-Qu\u00e9bec to halt construction of some 600 proposed dams on eleven rivers in James Bay.[107] Minority and poor communities International and indigenous rights 2/21/25, 7:50 Robert F. Kennedy Jr. - Wikipedia 7/65 Kennedy at a United Farm Workers rally, January 2017 In 1993, Kennedy and NRDC, working with the indigenous rights organization Cultural Survival, clashed with other American environmental groups in a dispute about the rights of Indians to govern their own lands in the Oriente region of Ecuador.[108] Kennedy represented the CONFENIAE, a confederation of Indian peoples, in negotiation with the American oil company Conoco to limit oil development in Ecuadorian Amazon and, at the same time, obtain benefits from resource extraction for Amazonian tribes.[108] Kennedy was a vocal critic of Texaco for its previous record for polluting the Ecuadoran Amazon.[109] From 1993 to 1999, Kennedy worked with five Vancouver Island Indian tribes in their campaign to end industrial logging by MacMillan Bloedel in Clayoquot Sound, British Columbia.[110] In 1996, he met with Cuban president Fidel Castro to persuade him to halt his plans to construct a nuclear power plant at Juragu\u00e1.[111] During the meeting, Castro reminisced about Kennedy's father and uncle, speculating that U.S. relations with Cuba would have been far better had President Kennedy not been assassinated.[112] Between 1996 and 2000, Kennedy and the helped Mexican commercial fishermen halt Mitsubishi's proposal to build a salt facility in the Laguna San Ignacio, an area in Baja where gray whales breed and nurse their calves.[113] Kennedy wrote in opposition to the project, and took the campaign to Japan, meeting with Japanese Prime Minister Keizo Obuchi.[114] In 2000, he assisted local environmental activists to stop Chaffin Light, a real estate developer, and U.S. engineering giant Bechtel from building a large hotel and resort development that, Kennedy argued, threatened coral reefs and public beaches used by local Bahamians, at Clifton Bay, New Providence Island.[115] Kennedy was one of the early editors of Indian Country Today, North America's largest Native American newspaper.[116] He helped lead the opposition to the damming of the Futaleuf\u00fa River in the Southern Zone of Chile.[117] In 2016, due to the pressure precipitated by the Futaleuf\u00fa Riverkeepers campaign against the dams, the Spanish power company Endesa, which owned the right to dam the river, reversed its decision and relinquished all claims to the Futaleuf\u00fa.[118] Kennedy has been a critic of environmental damage by the U.S. military.[119][120] In a 2001 article, Kennedy described how he sued the U.S. Navy on behalf of fishermen and residents of Vieques, an island of Puerto Rico, to stop weapons testing, bombing, and other military exercises. Kennedy argued that the activities were unnecessary, and that the Navy had illegally destroyed several endangered species, polluted the island's waters, harmed the residents' health, and damaged its economy.[121] He was arrested for trespassing at Camp Garcia Vieques, the U.S. Navy training facility, where he and others were protesting the use of a section of the island for training. Kennedy served 30 days in a maximum security prison in Puerto Rico.[122] The trespassing incident forced the suspension of live-fire exercises for almost three hours.[123] The lawsuits and protests by Kennedy, and hundreds of Puerto Ricans who were also imprisoned, eventually forced the termination of naval bombing in Vieques by the Bush administration.[124] Military and Vieques 2/21/25, 7:50 Robert F. Kennedy Jr. - Wikipedia 8/65 Kennedy at a taping of eTown during the 2008 Democratic National Convention In a 2003 article for the Chicago Tribune, Kennedy called the U.S. federal government \"America's biggest polluter\" and the U.S. Department of Defense the worst offender. Citing the Environmental Protection Agency (EPA), he wrote, \"unexploded ordnance waste can be found on 16,000 military ranges...and more than half may contain biological or chemical weapons.\"[120] Kennedy considered running for political office in 2000 when Daniel Patrick Moynihan, a U.S. senator from New York, did not seek reelection to the seat formerly held by Kennedy's father.[125] In 2005, Kennedy considered running for New York attorney general in the 2006 election, which would have put him up against his then-brother-in-law Andrew Cuomo, but he ultimately chose not to, despite being considered the front-runner.[126] On December 2, 2008, Kennedy said he did not want New York Governor David Paterson to nominate him to the U.S. Senate seat to be vacated by Hillary Clinton, Obama's nominee for Secretary of State. Some outlets indicated that Kennedy was a possible candidate for the position. He said that Senate service would leave him too little time with his family.[127] As a \"well-respected climate lawyer\" in the 2000s,[128] Kennedy was \"often linked to top environmental jobs in Democratic administrations\", including in the 2000, 2004, and 2008 presidential elections.[129] He was considered as a potential chair of the White House Council on Environmental Quality for Al Gore in 2000 and considered for the role of administrator under John Kerry in 2004 and Barack Obama in 2008.[129] According to Politico, the Obama transition team decided not to nominate Kennedy due to his past heroin conviction and opposition from Senate Republicans. Then United States Chamber of Commerce lobbyist William Kovacs said that Kennedy's nomination \"would speak volumes as to where Obama is going with his appointments Kennedy appointment is as liberal as you can possibly get... There is no one [candidate] based firmer in extremes.\"[128] Republican Senator Jim Inhofe of Oklahoma also criticized the proposal, saying Kennedy was too radical and would further a left-wing agenda if appointed.[128] In a speech in New Hampshire on March 3, 2023, Kennedy said he was considering a run for president in 2024 am thinking about it. I've passed the biggest hurdle, which is that my wife has greenlighted it.\"[130] Political aspirations Candidacy aspirations 2000s consideration for top environmental jobs 2024 presidential campaign 2/21/25, 7:50 Robert F. Kennedy Jr. - Wikipedia 9/65 Kennedy with a supporter during the 2024 presidential campaign Kennedy at a fight in November 2024, with Elon Musk, Tulsi Gabbard, Donald Trump, Mike Johnson, Vivek Ramaswamy, Donald Trump Jr, Dana White, and Kid Rock Kennedy filed his candidacy for the Democratic presidential nomination on April 5, 2023.[131] He formally declared his candidacy at a campaign launch event at the Park Plaza Hotel in Boston on April 19.[132] On October 9, he became an independent candidate in the election.[133] He is the fifth member of his family to seek the presidency.[a] Listing many false conspiracy theories that Kennedy used during campaign appearances, PolitiFact named his presidential campaign its 2023 \"lie of the year\".[137] In May 2024, Kennedy was considered for the Libertarian Party's nomination for president, but lost to Chase Oliver.[138] In Colorado, the state Libertarian Party selected Kennedy, but Oliver appeared on the ballot as the Libertarian nominee.[139][140] Kennedy's campaign was noted for receiving significant support from Republican donors and Trump allies who believed he would serve as a \"spoiler\", taking the votes of those who would have otherwise voted for the Democratic nominee.[141] In August 2023, it was revealed that Timothy Mellon, who gave $15 million to Donald Trump's super Inc., also donated $5 million to Kennedy's super PAC, making him Kennedy's largest single donor.[141][142] Mellon donated another $5 million to Kennedy's super in April and another $50 million to Inc. in May.[143][144] In July 2024, Forbes reported that Mellon had donated $25 million to Kennedy and Kennedy-affiliated groups.[145] In August, facing declining poll numbers, limited campaign funds, and increasing challenges to ballot access, the Kennedy campaign began appealing to the Harris and Trump campaigns, seeking a cabinet post in exchange for an endorsement. Harris reportedly rebuffed Kennedy,[146] but Trump said he \"probably would [consider the offer], if something like that would happen\".[147] On August 22, the Kennedy campaign filed to be removed from the Arizona ballot amid reports he would drop out to endorse Trump.[148] On August 23, Kennedy dropped out and endorsed Trump, saying he intended to maintain ballot placement in certain non-swing states.[149][150][151] This was a reversal for Kennedy, who had previously said he would \"under no circumstances\" join Trump on a presidential ticket, that his and Trump's positions \"could not be further apart\", and that Trump was a \"terrible human being\", a \"discredit to democracy\", and \"probably a sociopath\".[152][153][150] In his speech endorsing Trump, Kennedy described speaking with Trump and his advisers and said he discovered that he and Trump were \"aligned on many key issues\".[149] 2/21/25, 7:50 Robert F. Kennedy Jr. - Wikipedia 10/65 Kennedy at his hearing to be Secretary of Health and Human Services Days before the 2024 United States presidential election, Donald Trump said that Kennedy would have \"a big role in health care\". According to The Washington Post, Kennedy's position was not originally meant to be one requiring Senate confirmation.[154][155] On November 14, after winning the election, Trump announced his intention to nominate Kennedy for secretary of health and human services (HHS).[156][157] In December 2024, more than 75 Nobel Laureates urged the U.S. Senate to oppose Kennedy's nomination, saying he would \"put the public's health in jeopardy\".[158][159] During the week of December 16, 2024, Kennedy began meeting with senators in advance of his confirmation hearings.[160][161][162] As of January 9, 2025, over 17,000 doctors who are members of Committee to Protect Health Care, had signed an open letter urging the Senate to oppose Kennedy's nomination,[163] arguing that Kennedy had spent decades undermining public confidence in vaccines and spreading false claims and conspiracy theories,[164] that he was a danger to national healthcare, and that he was unqualified to lead the Department of Health and Human Services.[165] Gregg Gonsalves, an epidemiologist at the Yale School of Public Health, said putting Kennedy in charge of a health agency would be like \"putting a flat earther in charge of NASA\".[166] As of January 24, 2025, more than 80 organizations had voiced opposition to Kennedy's nomination.[167] In January 2025, the Senate Committee on Finance and the Senate Health, Education, Labor, and Pensions Committee (HELP) held hearings on Kennedy's nomination.[168][169] Senator Bernie Sanders, the committee's ranking member, was critical of Kennedy during the hearing.[170] Kennedy disclosed to an ethics official his arrangement with a law firm specializing in pharmaceutical drug injury cases, Wisner Baum, whereby Kennedy earns 10% of fees awarded in contingency cases that he refers to the firm. If confirmed as director, Kennedy would retain the arrangement only in cases that do not directly affect the federal government.[167][171] He Secretary of Health and Human Services (2025\u2013present) Nomination and confirmation Criticism Senate nomination hearings Conflicts of interest disclosure statement 2/21/25, 7:50 Robert F. Kennedy Jr. - Wikipedia 11/65 listed his income from Wisner Baum for this arrangement as $856,559. Before assuming the position of director of HHS, he will have from the law firm the complete and final payments for concluded cases against the U.S. government.[172] On February 4, 2025, the Senate Committee on Finance voted 14\u201313 to forward Kennedy's nomination to a full Senate vote.[173] The deciding vote was from Bill Cassidy, who was originally hesitant, but said he had received \"serious commitments\" from the Trump administration and \"honest counsel\" from Vice President Vance in exchange for his support of Kennedy's nomination.[173] According to the Senate Committee site, Cassidy said that he was a doctor who had practiced for 30 years before becoming a politician. He told the committee that he had a patient with acute hepatitis who needed a liver transplant and had to be transported by Medi-vac. He called the transplant \"an invasive, quarter-of-a-million-dollar surgery\u2014in 2000\u2014that, even if successful, would leave this young woman with a lifetime of $50,000 per year medical bills\", adding, \"As saw her take off was so depressed $50 of vaccine could have prevented this all\".[174] Of the two committees that Kennedy spoke before, only the Senate Finance was to vote on his nomination.[175] On February 13, 2025, the Senate confirmed Kennedy as Secretary of Health and Human Services by a vote of 52 to 48, with former Senate Republican Conference leader Mitch McConnell the sole Republican to vote against him polio survivor, McConnell was critical of efforts to revoke approval of the polio vaccine. He said, \"anyone seeking the Senate's consent to serve in the incoming administration would do well to steer clear of even the appearance of association with such efforts\".[176] On February 13, 2025, Kennedy was sworn in as the 26th secretary of health and human services in the Oval Office by Justice Neil Gorsuch.[177] He is the first independent or third-party presidential candidate to become a cabinet member after running for president.[178] Minutes later, Donald Trump signed Executive Order 14211, which ordered the creation of a \"Make America Healthy Again\" (MAHA) Commission to be chaired by Kennedy.[179][180] Its objectives include investigating the incidence and causes of chronic childhood diseases and \"assess[ing] the prevalence of and threat posed by the prescription of selective serotonin reuptake inhibitors, antipsychotics, mood stabilizers, stimulants, and weight-loss drugs\".[180] The next morning, agencies including the Centers for Disease Control and Prevention (CDC) and the National Institutes of Health (NIH) were informed that approximately 5,200 newly hired federal health workers were to be fired that day.[181] Committee votes Confirmation vote Tenure 2/21/25, 7:50 Robert F. Kennedy Jr. - Wikipedia 12/65 Kennedy is a prominent voice in the anti-vaccine movement, spreading anti-vaccine misinformation, disinformation, and propaganda.[182][25][183][184][185] The infectious disease specialist Michael Osterholm has said that Kennedy's \"anti-vaccine disinformation\" is effective \"because it's portrayed to the public with graphs and figures and what appears to be scientific data. He has perfected the art of illusion of fact.\" Osterholm added:[185] This is about people's lives. And the consequences of promoting this kind of disinformation, as credible as it may seem, is simply dangerous. Kennedy has said that he is not against vaccines but wants them to be more thoroughly tested and investigated.[186][187] In Thimerosal: Let the Science Speak (2015), he writes that he does not see himself as anti-vaccine: \"People who advocate for safer vaccines should not be marginalized or denounced as anti-vaccine am pro-vaccine had all six of my children vaccinated believe that vaccines have saved the lives of hundreds of millions of humans over the past century and that broad vaccine coverage is critical to public health. But want our vaccines to be as safe as possible.\"[188] But in July 2023, Kennedy said, \"There's no vaccine that is safe and effective.\"[189][190] In January 2024, Kennedy published a podcast about Lyme disease in which he said it is \"highly likely to have been a military weapon\" developed at the Plum Island Animal Disease Center. Multiple experts and authoritative sources have debunked the charge and called it \"absurd\".[191] Kennedy chaired the Children's Health Defense (formerly known as the World Mercury Project), an anti-vaccine advocacy group he joined in 2015.[25][184] In its early years, the group focused on mercury in industry and medicine, especially the ethylmercury used in thimerosal in vaccines.[192][193] The group alleges that exposure to certain chemicals and radiation has caused a wide range of conditions in many American children, including autism, attention deficit hyperactivity disorder (ADHD), food allergies, cancer, and autoimmune diseases. Children's Health Defense has blamed and campaigned against vaccines, fluoridation of drinking water, paracetamol (acetaminophen), aluminum, and wireless communication, among other things. The group has been identified as one of two major buyers of anti-vaccine Facebook advertising in late 2018 and early 2019.[25][194][195] Members of his family have criticized Kennedy and his organization, saying he spreads \"dangerous misinformation\" and that his work has \"heartbreaking\" consequences.[196] Kennedy and Children's Health Defense have falsely claimed that vaccines cause autism.[197][192][198] Kennedy focused on the subset of vaccines that contained thimerosal, a mercury-based anti-microbial that has been falsely claimed to cause autism.[199] Thimerosal has never been used in MMR, chickenpox, pneumococcal conjugate, or inactivated polio vaccines,[200] and in 2001 was removed from all other childhood (under 6 years old) vaccines except for a few versions of flu and hepatitis vaccines.[201] No childhood vaccine now contains more than traces (1 microgram or less) of Anti-vaccine advocacy and conspiracy theories on public health Vaccines and autism claims 2/21/25, 7:50 Robert F. Kennedy Jr. - Wikipedia 13/65 thimerosal, except for flu, which is also available without thimerosal in the U.S.[202] For those 6 years and older, including pregnant women, all vaccines are now available in versions with only trace amounts of thimerosal.[203] In April 2015, Kennedy participated in a Speakers' Forum to promote the film Trace Amounts, which promotes the discredited claim of a link between autism and mercury in vaccinations. At a screening, he called the increased cases of autism (which he calls an \"autism epidemic\") a \"holocaust\".[204] In 2020, the Center for Countering Digital Hate said that Kennedy uses his status as an environmental activist to bolster the anti-vaccination movement, regularly appearing in online conversations with the discredited British former doctor Andrew Wakefield, the anti-vaccination activist Del Bigtree, and the conspiracy theorist Rashid Buttar.[205] Kennedy is listed as executive producer of Vaxxed II: The People's Truth, the 2019 sequel to Wakefield's and Bigtree's anti- vaccination documentary Vaxxed.[206] In February 2021, Kennedy's Instagram account was deleted \"for repeatedly sharing debunked claims\" about COVID-19 vaccines.[207][208] In March 2021, the Center for Countering Digital Hate identified Kennedy as one of 12 people responsible for up to 65% of anti-vaccine content on Facebook and Twitter.[209] Kennedy has said that governments and the media are conspiring to deny that vaccines cause autism.[210][211][212] In June 2005, Kennedy wrote an article, \"Deadly Immunity\", that appeared in both Rolling Stone and Salon.com and alleged a government conspiracy to conceal a connection between thimerosal and childhood neurodevelopmental disorders, including autism.[213] The article contained factual errors, leading Salon to issue five corrections.[214][215] Joan Walsh, Salon.com's editor-in-chief at the time and the sole Salon editor of the piece, said she had mistakenly relied on Rolling Stone's fact-checking, a process she later learned was \"less than arduous\". As soon as the piece was up, she said, \"We were besieged by scientists and advocates showing how Kennedy had misunderstood, incorrectly cited, and perhaps even falsified data... It was the worst mistake of my career probably should have been fired.\"[216] Six years later Salon.com retracted the article in its entirety.[214] It said the retraction was motivated by accumulating evidence of alleged errors and scientific fraud underlying the vaccine-autism claim.[217 corrected version of the original article was published on Rolling Stone's website.[213] Kennedy said on The Joe Rogan Experience\u2014and was paraphrased in The New York Times as saying \u2014that \"Salon caved to pressure from government regulators and the pharmaceutical industry.\" Walsh responded: \"That's just another lie. We caved to pressure from the incontrovertible truth and our journalistic consciences.\"[216] In May 2013, Kennedy delivered the keynote address at the anti-vaccination[218] AutismOne / Generation Rescue conference.[219][220] Writings and speeches promoting anti-vaccine theories 2/21/25, 7:50 Robert F. Kennedy Jr. - Wikipedia 14/65 In 2014, Kennedy's book Thimerosal: Let the Science Speak: The Evidence Supporting the Immediate Removal of Mercury \u2013 a Known Neurotoxin \u2013 from Vaccines, was published. While methylmercury is a potent neurotoxin, thimerosal is not. According to the CDC, there is \"no convincing evidence of harm caused by the low doses of thimerosal in vaccines\".[200][202] The book's preface is by Mark Hyman, a proponent of the alternative medical treatment called functional medicine.[221] Kennedy has published many articles on the inclusion of thimerosal in vaccines.[222][223][224][225] On January 10, 2017, incoming White House press secretary Sean Spicer confirmed that Kennedy and President-elect Donald Trump met to discuss a position in the Trump administration. Kennedy said afterward that he had accepted an offer from Trump to chair the Vaccine Safety Task Force, but a spokeswoman for Trump's transition said that no final decision had been made.[226] In an August 2017 interview with News reporter Helen Branswell, Kennedy said that he had been meeting with federal public health regulators at the White House's request to discuss defects in vaccine safety science.[227] On February 15, 2017, Kennedy and the actor Robert De Niro gave a press conference at the National Press Club in Washington, D.C., in which they said the press was working for the vaccination industry and did not allow debates on vaccination science. They offered a $100,000 reward to any journalist or citizen who could point to a study showing that it is safe to inject mercury into babies and pregnant women at levels currently contained in flu vaccines. Craig Foster, a psychology professor who studies pseudoscience, deemed the challenge \"not science\", calling it a \"carefully constructed 'contest' that allows its creators to generate the misleading outcome they presumably want to see\". Foster added, \"Proving that something is safe is importantly different than proving that something is harmful.\"[228] On June 4, 2019, during a visit to Samoa coinciding with its 57th annual independence celebration, Kennedy appeared in an Instagram photo with Australian-Samoan anti-vaccine activist Taylor Winterstein. Kennedy's charity and Winterstein have both perpetuated the allegation that the vaccine played a role in the 2018 deaths of two Samoan infants, despite the subsequent revelation that the infants had mistakenly received a muscle relaxant along with the vaccine. Kennedy has drawn criticism for fueling vaccine hesitancy amid a social climate that gave rise to the 2019 Samoa measles outbreak, which killed over 70 people, and the 2019 Tonga measles outbreak.[229][230][231] During the COVID-19 pandemic, Kennedy promoted multiple conspiracy theories related to COVID, including false claims that Anthony Fauci and the Bill & Melinda Gates Foundation were trying to profit off a vaccine,[232][233][234] and suggesting that Bill Gates would cut off access to money of people who do not get vaccinated, allowing them to starve.[235] In August 2020, Kennedy appeared in an hour-long interview with Alec Baldwin on Instagram and touted a number of incorrect and misleading claims about vaccines and public health measures related to the pandemic. Public health officials and scientists criticized Baldwin for letting Kennedy's claims go unchallenged.[236] Meeting with Donald Trump Controversy with Robert De Niro Samoa measles outbreak COVID-19 2/21/25, 7:50 Robert F. Kennedy Jr. - Wikipedia 15/65 Many of Kennedy's conspiracy theories and writings regarding the COVID-19 pandemic have targeted prominent figures such as Anthony Fauci (left) and Bill Gates (right). In May 2021, Kennedy petitioned the to rescind authorization for all current and future vaccines. The vaccines had saved about 140,000 lives in the United States. John Moore, a professor of immunology at Weill Cornell Medical College, called Kennedy's request \"an appalling error of judgment\".[166] Kennedy has promoted misinformation about the COVID-19 vaccine, falsely suggesting that it contributed to the death of Hank Aaron and others.[237][238][25] In February 2021, his Instagram account was blocked for \"repeatedly sharing debunked claims about the coronavirus or vaccines\".[208][239] The Center for Countering Digital Hate identified Kennedy as one of the main propagators of conspiracy theories about Bill Gates and 5G phone technology. His conspiracy theory activities considerably increased his social media impact; between the spring and fall of 2020, his Instagram account grew from 121,000 followers to 454,000.[205][240] Kennedy has expressed skepticism about the COVID-19 pandemic, contending that it served to benefit billionaires. According to Kennedy, the pandemic resulted in a \"$4.4 trillion shift in wealth from the American middle class to this new oligarchy that we created\u2014500 new billionaires with the lockdowns, and the billionaires that we already had increased their wealth by 30%\".[241] In November 2021, Kennedy's book The Real Anthony Fauci: Bill Gates, Big Pharma, and the Global War on Democracy and Public Health was published. In it, Kennedy alleges that Fauci sabotaged treatments for AIDS, violated federal laws, and conspired with Bill Gates and social media companies such as Facebook to suppress information about COVID-19 cures, to leave vaccines as the only option to fight the pandemic.[242][243] In the book, Kennedy calls Fauci a \"powerful technocrat who helped orchestrate and execute 2020's historic coup d'\u00e9tat against Western democracy\". He claims without proof that Fauci and Gates had schemed to prolong the pandemic and exaggerate its effects, promoting expensive vaccinations for the benefit of \"a powerful vaccine cartel\".[244] The book repeats several discredited myths about the COVID-19 pandemic, notably about the effectiveness of ivermectin.[184] The Neue Z\u00fcrcher Zeitung wrote that in the book \"polemics alternate with chapters that pedantically seek to substantiate Kennedy's accusations with numerous quotations and studies\".[244] Kennedy also released a video depicting Fauci with a Hitler mustache.[245] In response to the book, Fauci called Kennedy \"a very disturbed individual\" and has publicly said that, having met with Kennedy to discuss vaccines early during his tenure in the Trump administration, he \"[doesn't] know what's going on in [Kennedy's] head, but it's not good\".[246][247] Kennedy wrote the foreword to Plague of Corruption, a 2020 book by the former research scientist and the anti-vaccine conspiracy theorist Judy Mikovits.[25] On August 29, 2020, Kennedy appeared as a speaker at a partially violent demonstration in Berlin where populist groups called for an end to restrictions caused by COVID-19.[248][249] His YouTube account was removed in late September 2021 for breaking the company's new policies on vaccine misinformation.[250] 2/21/25, 7:50 Robert F. Kennedy Jr. - Wikipedia 16/65 During a speech on January 23, 2022, at an anti-vaccination rally on the National Mall in Washington D.C., Kennedy said: \"Even in Hitler's Germany, you could cross the Alps into Switzerland, you could hide in the attic like Anne Frank did. Today the mechanisms are being put in place that will make it so none of us can run, none of us can hide.\"[251] The Auschwitz Memorial responded on Twitter: \"Exploiting of the tragedy of people who suffered, were humiliated, tortured & murdered by the totalitarian regime of Nazi Germany\u2014including children like Anne Frank\u2014in a debate about vaccines & limitations during global pandemic is a sad symptom of moral & intellectual decay.\" Kennedy's wife, the actress Cheryl Hines, also condemned his comments, tweeting that the reference to Frank was \"reprehensible and insensitive\".[252] Two days later, Kennedy apologized for his comment.[245] In June 2023, Instagram reinstated his account.[253] At a private dinner in July 2023, Kennedy was recorded saying, \"There is an argument that [COVID- 19] is ethnically targeted\", adding, \"COVID-19 is targeted to attack Caucasians and Black people. The people who are the most immune are Ashkenazi Jews and Chinese ... we don't know whether it's deliberately targeted or not.\" The American Jewish Committee and the Anti-Defamation League immediately condemned his remarks, with the latter saying that Kennedy's statement \"feeds into sinophobic and antisemitic conspiracy theories\".[254][255] Kennedy responded that he \"never, ever suggested that the COVID-19 virus was targeted to spare Jews\" and that he does not \"believe and never implied that the ethnic effect was deliberately engineered\". He explained his remarks by citing a 2021 study that he said showed that \"COVID-19 appears to disproportionately affect certain races\" due to racial differences in the effectiveness of COVID-19's furin cleave docking site, thus serving \"as a kind of proof of concept for ethnically targeted bioweapons\".[256] Experts roundly criticized these further claims, pointing out that the study said nothing about Chinese people or bioweapons and that Chinese people and Ashkenazi Jews contract COVID-19 at rates similar to other ethnic groups and nationalities. The virologist Angela Rasmussen said, \"Jewish or Chinese protease consensus sequences are not a thing in biochemistry, but they are in racism and antisemitism.\"[255] Kennedy targets Black Americans with anti-vaccine propaganda and conspiracy theories, linking vaccination with instances of medical racism such as the Tuskegee Syphilis Study.[257][183] Echoing others in the anti-vaccination movement, Children's Health Defense claimed that the U.S. government seeks to harm ethnic minorities by prioritizing them for COVID-19 vaccines. In March 2021, Children's Health Defense released an anti-vaccine propaganda video, \"Medical Racism: The New Apartheid\", that promotes COVID-19 conspiracy theories and claims that COVID-19 vaccination efforts are medical experiments on Black people. Kennedy appears in the video, inviting viewers to disregard information dispensed by health authorities and doctors. Brandi Collin-Dexter, a Fellow at the Shorenstein Center on Media, Politics and Public Policy, said, \"the notorious figures and false narratives in the documentary were recognizable\" and \"the film's incompatible narratives sought to take advantage of the pain felt by Black communities.\"[183][258][259] At the urging of disinformation experts, the film was removed from Facebook, but Kennedy was permitted to keep his account.[260] Medical racism conspiracy theory 2/21/25, 7:50 Robert F. Kennedy Jr. - Wikipedia 17/65 In his book The Real Anthony Fauci: Bill Gates, Big Pharma, and the War on Democracy and Public Health, Kennedy writes that he takes \"no position on the relationship between and AIDS\",[242]: 347 but spends over 100 pages quoting denialists such as Peter Duesberg who question the isolation of and the etiology of AIDS.[261] Kennedy refers to the \"orthodoxy that alone causes AIDS\"[242]: 348 and the \"theology that is the sole cause of AIDS\",[242]: 351 and repeats the false denialist claim that no one has isolated the virion and \"No one has been able to point to a study that demonstrates their hypothesis using accepted scientific proofs.\": 348 He also repeats the false claim that the early drug is \"absolutely fatal\"[242]: 332 due to its \"horrendous toxicity\".[242]: 298 Molecular biologist Dan Wilson points out that Kennedy falsely claims that Luc Montagnier, the discoverer of HIV, was a \"convert\" to Duesberg's fringe hypothesis. Wilson concludes that Kennedy is a \"full blown denialist.[261][242] Epidemiologist Tara C. Smith suggests that Kennedy's book \"even flirts with outright germ theory denial\", quoting from a portion in which Kennedy contrasts the germ theory of disease with terrain theory[262] and another in which he writes that Louis Pasteur \"is said to have recanted\" germ theory on his deathbed in favor of Antoine B\u00e9champ's terrain theory,[262]: Table 1 an unproven claim that circulates among germ theory denialists.[263] Several members of Kennedy's close family have distanced themselves from his anti-vaccination activities and conspiracy theories on public health, and condemned his comments equating public health measures with Nazi war crimes.[264] On May 8, 2019, his niece Maeve Kennedy McKean and elder siblings Kathleen and Joseph wrote an open letter saying that while Kennedy has championed many admirable causes, he \"has helped to spread dangerous misinformation over social media and is complicit in sowing distrust of the science behind vaccines\". They also cited the roles played by President John F. Kennedy and Senator Ted Kennedy in (respectively) signing and reauthorizing the Vaccination Assistance Act of 1962.[265] On December 30, 2020, another niece, Kerry Kennedy Meltzer, a physician, wrote a similar open letter, saying that her uncle published misinformation about COVID-19 vaccines' side effects.[266] John F. Kennedy's daughter, Caroline Kennedy, said her family was generally united in supporting public health infrastructure, citing the work of Ted Kennedy and Eunice Kennedy Shriver. She added think Bobby Kennedy [Jr.]'s views on vaccines are dangerous, but don't think that most Americans share them, so we'll just have to wait and see what happens.\"[267][268] On January 28, 2025, Caroline Kennedy publicly denounced Bobby Kennedy in a letter she sent U.S. senators and in a video of her reading the letter, calling him a \"predator\" and a \"hypocrite\" who was unqualified to be the Secretary of the Department of Health and Human Services. She also accused him of animal cruelty and \"encouraging\" other family members, such as Bobby's brother David Kennedy, into substance abuse that led to addiction, illness, and death. Caroline Kennedy's cousin Stephen Smith Jr. said completely support my cousin Caroline's view that R. F. K. Jr is unqualified in terms of experience and character for the role of Secty of HHS.\"[269] Kennedy's political rhetoric often uses conspiracy theories.[270][255][271 denialism Pushback from the Kennedy family Political views 2/21/25, 7:50 Robert F. Kennedy Jr. - Wikipedia 18/65 Kennedy has argued that poor communities shoulder a disproportionate burden of environmental pollution.[97] Speaking at the 2016 South by Southwest environment conference, he said, \"Polluters always choose the soft target of poverty\", noting that Chicago's South Side has the highest concentration of toxic waste dumps in the U.S.,[272] and added that 80% of \"uncontrolled toxic waste dumps\" are in black neighborhoods, with the largest site in Emelle, Alabama, which is 90% black.[273] Kennedy has said that \"systematic\" erosion of the middle class is taking place, remarking in a 2023 interview with UnHerd that American politicians have \"been systematically hollowing out the American middle class and printing money to make billionaires richer\". He said that the financial industry and the military\u2013industrial complex are funded at the expense of the American middle class; that the U.S. government is dominated by corporate power; the Environmental Protection Agency is run by the \"oil industry, the coal industry, and the pesticide industry\"; and that the Food and Drug Administration is dominated by \"Big Pharma\".[241] Kennedy sees a \"vibrant middle class\" as the economy's backbone and has said that the economy has deteriorated because the middle class has become poorer.[274] In an interview with Andrew Serwer, Kennedy said that the gap between rich and poor in the U.S. had become too great and that \"the very wealthy people should pay more taxes and corporations\". He also expressed support for Massachusetts senator Elizabeth Warren's wealth tax plan, which would impose an annual tax of 2% on every dollar of a household's net worth over $50 million and 6% on every dollar of net worth over $1 billion.[275] Kennedy is critical of the United States' alliances with dictatorships like Saudi Arabia. He criticized the Saudi-led intervention in the Yemeni civil war, calling it a \"genocide against the Iranian-backed Houthi tribe\".[276] Kennedy is a supporter of Israel. In December 2023, he had a heated exchange with Breaking Points host Krystal Ball, in what Rabbi Shmuley Boteach called \"the single greatest defense of Israel on videos since the start of the\" 2023 Israel\u2013Hamas war.[277] An opponent of the military industry and foreign interventions, Kennedy was critical of the Iraq War as well as American support for Ukraine against Russia's invasion of the country. He condemned the Russian invasion of Ukraine,[278] but called the Russo-Ukrainian War \"a U.S. war against Russia\" and said the war's goal was to \"sacrifice the flower of Ukrainian youth in an abattoir of death and destruction for the geopolitical ambition of the neocons\".[241] He called for a peace agreement in Ukraine based on the Minsk Accords; in his view, the Donbas region should remain in Ukraine but also be given territorial autonomy and placed under the jurisdiction of United Nations peacekeeping forces, while Aegis missile systems should be removed from Eastern Europe.[279] Kennedy said Ukraine should be forbidden from joining NATO, and announced that as president he would consider admitting Russia to and deescalating tensions with China.[241][279] He said the 2014 Ukrainian revolution was an attempted coup sponsored by the U.S. against the Ukrainian government, and that the Ukrainian government committed atrocities against the Russian population Economic inequality Foreign affairs and military intervention 2/21/25, 7:50 Robert F. Kennedy Jr. - Wikipedia 19/65 in Donbas, wrongly claiming that all casualties of the Donbas War between 2014 and 2022 (about 14,000) were Russians.[280] He said that Russians living there \"were being systematically killed by the Ukrainian government\".[281] Kennedy denounced the operations of former director Allen Dulles, condemning U.S.-backed coups and interventions such as the 1953 Iranian coup d'\u00e9tat as \"bloodthirsty\", and blamed U.S. interventions in countries such as Syria and Iran for the rise of terrorist organizations such as and creating anti-American sentiment in the region.[276] Kennedy said the has no accountability and declared his intention to restructure the agency.[241] Kennedy's disapproval of U.S. intervention in foreign governments was expressed in a 1974 Atlantic Monthly article titled \"Poor Chile\", discussing the overthrow of Chilean president Salvador Allende.[282] He also wrote editorials against the execution of Pakistani president Zulfikar Ali Bhutto by General Muhammad Zia-ul-Haq.[283][284] In 1975, he published an article in The Wall Street Journal criticizing assassination as a foreign policy tool.[285] In 2005, he wrote an article for the Los Angeles Times decrying President Bush's use of torture as anti-American.[286] His uncle Senator Ted Kennedy entered the article into the Congressional Record.[287] In an article titled \"Why the Arabs Don't Want Us in Syria\" published in Politico in February 2016, Kennedy referred to the \"bloody history that modern interventionists like George W. Bush, Ted Cruz, and Marco Rubio miss when they recite their narcissistic trope that Mideast nationalists 'hate us for our freedoms.' For the most part they don't; instead they hate us for the way we betrayed those freedoms\u2014our own ideals\u2014within their borders.\"[288] Kennedy blames the Syrian war on a pipeline dispute. He cites apparent WikiLeaks disclosures alleging that the led military and intelligence planners to foment a Sunni uprising against Syria's president, Bashar al-Assad, following his rejection of a proposed Qatar-Turkey pipeline through Syria in 2009, well before the Arab Spring.[289] In a June 2023 interview, Kennedy said that in broad terms, he believes that U.S. foreign relations should involve significantly reducing the military presence in other nations. He specifically said the country must \"start unraveling the Empire\" by closing U.S. bases in different locations worldwide.[290] Kennedy believes that the administration of President Joe Biden, in large part, caused the 2022 invasion of Ukraine by Russia due to reckless and militant action; he has specifically cited the issue of expansion into Eastern Europe. At the same time, he has clarified that he refuses to connect this criticism with anything considered support of the government of Russia under Putin, particularly given Kennedy's ethical opposition to the regime's beliefs and politics. He has called Putin a \"monster\", a \"thug\", and a \"gangster\".[290] He also criticized the Trump and Biden administrations' \"provocative policies\" in regard to U.S. relations with China, saying that \"China does not want a hot war\" and calling for a reduction in tensions.[291] In 2023, Kennedy said he was \"arguably the leading environmentalist in the country\".[292] He promotes populist and anti-establishment environmental policies, claiming that \"Bill Gates and the World Economic Forum and the billionaire boys' club in Davos\" have hijacked the climate crisis.[241] In a 2015 interview, Kennedy said of politicians skeptical of global warming that he \"wished there Environmental policy 2/21/25, 7:50 Robert F. Kennedy Jr. - Wikipedia 20/65 were a law you could punish them under\".[293][294] He has said that environmentalists' priority should be to tackle the \"carbon industry\". He has called the current society and economy unsustainable and largely based on a \"longtime deadly addiction to coal and oil\" and contended that the economic system rewards pollution. In 2020, Kennedy said: \"Right now, we have a market that is governed by rules that were written by the carbon incumbents to reward the dirtiest, filthiest, most poisonous, most toxic, most war-mongering fields from hell, rather than the cheap, clean, green, wholesome and patriotic fields from heaven.\"[295][296][297] Kennedy has advocated for a global transition from fossil fuels to renewable energy,[298][299] but has opposed hydropower from dams.[300][301][302][303][304][305] He has argued that switching to solar and wind energy reduces costs and greenhouse gases while improving air and water quality, citizens' health, and the number and quality of jobs.[306] Kennedy's fight to stop Appalachian mountaintop removal mining was the subject of the film The Last Mountain.[307] In one of his first environmental cases, Kennedy sued Mobil Oil for polluting the Hudson.[32] He had been an early supporter of natural gas as a viable bridge fuel to renewables and a cleaner alternative to coal,[308] but said he turned against this controversial extraction method after investigating its cost to public health, climate, and road infrastructure.[309] As a member of Governor Andrew Cuomo's fracking commission, Kennedy helped engineer a 2013 ban on fracking in New York State.[310][311] In 2013, Kennedy assisted the Chipewyan First Nation and the Beaver Lake Cree in fighting to protect their land from tar sands production.[312] In February 2013, while protesting the Keystone Pipeline Kennedy, along with his son, Conor, was arrested for blocking a thoroughfare in front of the White House during a protest.[313] In 2015, Kennedy mounted a national effort against the construction of liquefied natural gas facilities.[314] In August 2016, Kennedy and Waterkeepers participated in protests to block the extension of the Dakota Access pipeline across the Sioux Indian Standing Rock Reservation's water supply.[315] Kennedy has maintained that the oil industry remains competitive against renewables and electric cars only due to massive direct and indirect subsidies and political interventions on behalf of the oil industry. In a June 2017 interview on EnviroNews, he said of the oil industry, \"That's what their strategy is: build as many miles of pipeline as possible. And what the industry is trying to do is to increase that level of infrastructure investment so our country won't be able to walk away from it\".[316] Kennedy stated his support for Alexandria Ocasio-Cortez's Green New Deal resolution, saying in a 2020 interview think the Green New Deal and all that stuff is important. We ought to be pursuing it. My approach is more market-based than kind of top-down dictates. You know believe that we should use market mechanisms like carbon taxes and the elimination of subsidies.\"[295] Kennedy has spoken against geoengineering, saying that geoengineering solutions are an attempt by big business to profit from climate change.[317][318] 2/21/25, 7:50 Robert F. Kennedy Jr. - Wikipedia 21/65 Kennedy in 2017 Kennedy has expressed support for regenerative farming, and in May 2023, he voiced support for agrarian movements, saying, \"If we want to have democracy, we need a broad ownership of our land by a wide variety of yeoman farmers, each with a stake in our system.\"[319] In 1995, Premier Ralph Klein of Alberta declared Kennedy persona non grata in the province due to his activism against Alberta's large-scale hog production facilities.[320] In 2002, Smithfield Foods sued Kennedy in Poland under a Polish law that makes criticizing a corporation illegal after he denounced the company in a debate with Smithfield's Polish director before the Polish parliament.[65] Kennedy has opposed conventional nuclear power, arguing that it is unsafe and not economically competitive.[321][322] In June 1981, he spoke at an anti-nuclear rally at the Hollywood Bowl with the musicians Stephen Stills, Bonnie Raitt, and Jackson Browne.[323] He believes nuclear energy is a profit-making venture promoted by corporate lobbyists rather than environmental activists, and has claimed insurance companies are unwilling to insure nuclear plants, saying in a 2023 interview, \"It's not hippies in tie-dyed T-shirts who are saying it's dangerous; it's guys on Wall Street with suits and ties.\"[241] Throughout the presidency of George W. Bush, Kennedy was critical of Bush's environmental and energy policies, saying Bush was defunding and corrupting federal science projects.[324] Kennedy was also critical of Bush's 2003 hydrogen car initiative,[325] arguing that, because of plans to extract the hydrogen from fossil fuels, it was a gift to the fossil fuel industry disguised as a green automobile.[326] In 2003, Kennedy wrote an article in Rolling Stone about Bush's environmental record,[327] which he subsequently expanded into a New York Times bestselling book.[328] His opposition to the Bush administration's environmental policies earned him recognition as one of Rolling Stone's \"100 Agents of Change\" on April 2, 2009.[329][330] During an October 2012 interview with Politico, Kennedy called on environmentalists to direct their dissatisfaction toward Congress rather than President Barack Obama, reasoning that Obama \"didn't deliver\" due to having a partisan Congress \"like we haven't seen before in American history\".[331] He said politicians who do not act on climate change policy serve special interests and sell out public trust. He said Charles and David Koch\u2014the owners of Koch Industries, Inc., the nation's largest privately owned oil company\u2014subverted democracy and made \"themselves billionaires by impoverishing the rest of us\".[332] Kennedy has spoken of the Koch brothers as leading \"the apocalyptical forces of Ignorance and Greed\".[333] During the 2014 People's Climate March, he said: \"The Koch brothers have all the money. They're putting $300 million this year into their efforts to stop the climate bill. And the only thing we have in our power is people power, and that's why we need to put this demonstration on the street.\"[334] In a 2020 interview on Yahoo Finance's \"Influencers with Andy Serwer\", Kennedy called President Trump's environmental policies a \"cataclysm\" and said Trump is \"simply the radical step of a process that's been happening in our country and in the Republican Party from the past\u2014really, since 1980\u2014 2/21/25, 7:50 Robert F. Kennedy Jr. - Wikipedia 22/65 Kennedy endorsing Trump at a rally in Arizona on August 23, 2024 which is a growing hostility towards the environment, a growing orientation to representing the concentrated corporate power and power, particularly of the oil industry and the chemical industry and some of the other large polluting industries.\"[295] Kennedy has stated his intent to create \"wellness farms\" for rehabilitiating illegal drug users, to be paid for from the revenue from taxing the sale of legalized cannabis.[335] Inmates of the farms would be employed to grow organic food, without access to computer technology.[336] He has also suggested that the farms might also be used to treat people currently on psychiatric medfications,[335] stating \"I\u2019m going to create these wellness farms where they can go to get off of illegal drugs, off of opiates, but also illegal drugs, other psychiatric drugs, if they want to, to get off of SSRIs, to get off of benzos, to get off of Adderall, and to spend time as much time as they need\u2014three or four years if they need it\u2014to learn to get reparented, to reconnect with communities.\"[336] Kennedy has stated that the farms would only be compulsory for illegal drug users.[337] Kennedy has been critical of the integrity of the voting process. In June 2006, he published an article in Rolling Stone purporting to show that operatives stole the 2004 presidential election for President George W. Bush.[338] Most Democrats and Republicans regarded it as a conspiracy theory. The journalist Farhad Manjoo countered Kennedy's conclusions, writing: \"If you do read Kennedy's article, be prepared to machete your way through numerous errors of interpretation and his deliberate omission of key bits of data.\"[339] Kennedy has written about the ease of election hacking and the dangers of voter purges and voter- identification laws. He wrote the introduction and a chapter in Billionaires and Ballot Bandits, a 2012 book on election hacking by the investigative journalist Greg Palast.[340] Kennedy worked on his uncle Sargent Shriver's 1976 presidential campaign in Massachusetts,[341] and later was on the national staff and a state coordinator for his uncle Ted Kennedy's 1980 presidential campaign.[342] Kennedy endorsed and campaigned for Vice President Al Gore during his 2000 presidential campaign and openly opposed Ralph Nader's Green Party presidential campaign.[343] In the 2004 presidential election, Kennedy endorsed John Kerry, noting his strong environmental record.[344] After Kerry lost the election to George W. Bush, Kennedy wrote an article for Rolling Stone falsely claiming that the Drug use Questioning the validity of elections Political endorsements 2/21/25, 7:50 Robert F. Kennedy Jr. - Wikipedia 23/65 results were fraudulent and that the election was stolen from Kerry, basing his argument on discrepancies between exit polling and reported results in swing states such as Ohio, as well as voter disenfranchisement.[345][346] In late 2007, Kennedy and his sisters Kerry and Kathleen endorsed Hillary Clinton in the 2008 Democratic Party presidential primaries.[347] After the Democratic Convention, Kennedy campaigned for Obama across the country.[348] After the election, the Obama administration was reportedly considering Kennedy for administrator of the Environmental Protection Agency, but felt his controversial statements and arrest for heroin possession in the 1980s made him unlikely to win Senate confirmation.[349][128] In 2016, Kennedy called supporters of then-presidential candidate Donald Trump \"belligerent idiots\" and suggested that some were \"outright Nazis\". He has also characterized Trump as a \"bully\" and a \"threat to democracy\",[350] comparing him to Adolf Hitler and George Wallace.[351] In 2024, Kennedy endorsed Trump for president at a Trump campaign rally in Arizona.[150] Kennedy was a founding board member of the Food Allergy Initiative. His son has anaphylactic peanut allergies. Kennedy wrote the foreword to The Peanut Allergy Epidemic, in which he and the authors falsely link increasing food allergies in children to certain vaccines that were approved beginning in 1989.[352][25] In 2003, Kennedy published an article in The Atlantic Monthly about the 1975 murder of Martha Moxley in Greenwich, Connecticut, in which he insists that his cousin Michael Skakel's indictment \"was triggered by an inflamed media, and that an innocent man is now in prison\". Kennedy argues that evidence suggests that Kenneth Littleton, the Skakel family's live-in tutor, killed Moxley, and calls investigative journalist Dominick Dunne the \"driving force\" behind Skakel's prosecution.[353] In 2016, Kennedy released the book Framed: Why Michael Skakel Spent over a Decade in Prison for a Murder He Didn't Commit.[354] In 2017, the rights to the book were optioned by Productions to develop a multi-part television series.[355] In 2018, Skakel's conviction was vacated,[356] and in 2020, prosecutors decided not to seek a new trial.[357] On the evening of January 11, 2013, Charlie Rose interviewed Kennedy and his sister Rory at the Winspear Opera House in Dallas as a part of then Dallas mayor Mike Rawlings's hand-chosen committee's year-long program of celebrating John F. Kennedy's life and presidency.[358] Of JFK's Other views Food allergies Murder of Martha Moxley Assassinations of John F. Kennedy and Robert F. Kennedy 2/21/25, 7:50 Robert F. Kennedy Jr. - Wikipedia 24/65 assassination Jr. said his father was \"fairly convinced\" Lee Harvey Oswald had not acted alone and believed the Warren Commission report was a \"shoddy piece of craftsmanship Jr. said, \"The evidence at this point think is very, very convincing that it was not a lone gunman.\"[359] He endorsed the 2013 edition of and the Unspeakable, saying it had moved him to visit Dealey Plaza for the first time.[360] In November 2023 Jr. launched a petition on his presidential campaign website[361] for the Biden administration to release the estimated remaining 1% of documents related to the case. He said that finally releasing full and unredacted documents could help restore trust in the government.[362] In an interview on Lex Fridman's podcast, Kennedy said that the evidence that the was involved in the assassination was \"beyond any reasonable doubt\".[363] Kennedy does not believe that Sirhan Sirhan fired the shot that killed his father, Robert F. Kennedy. Based on the testimony of eyewitnesses, especially Paul Schrade, who was standing next to Kennedy and was shot himself, as well as the autopsy, he believes there was a second gunman.[364] In December 2017, he visited Richard J. Donovan Correctional Facility near San Diego to meet Sirhan. After meeting Sirhan, he gave his support for a reinvestigation of the assassination.[364] In a June 2023 podcast interview with Jordan Peterson, Kennedy posited that several issues in children, including gender dysphoria, might be linked to atrazine contamination in the water supply. He cited a 2010 study by Hayes[365] that claims that acute atrazine exposure causes chemical castration and feminization in frogs, leading some to become hermaphrodites. Kennedy suggested that there was other evidence indicating potential effects on humans.[366][367] YouTube removed the interview under its vaccine misinformation policy, a decision Peterson and Kennedy criticized as censorship.[368][366] Various publications denounced the theory, such as Philadelphia Gay News,[369] The Independent,[366] and Vice.[370] After media criticism, a spokesperson for Kennedy's 2024 presidential campaign told that he was being mischaracterized and that he was not claiming that endocrine disruptors were the sole cause of gender dysphoria, but rather proposing further research.[371] Andrea Gore, a professor of neuroendocrinology at the University of Texas at Austin, said don't think people should be making statements about the relationship between environmental chemicals and changes in sexuality when there's zero evidence.\"[371] In August 2024, after he endorsed Trump for president and started to work with Trump's campaign, Kennedy posted, \"We are going to stop this crime\" of chemtrails. Belief in chemtrails involves a conspiracy theory that airplane water vapor trails (contrails) are purposely dumped chemicals designed to harm the population.[372][373] Gender dysphoria Conspiracy theory about contrails 2/21/25, 7:50 Robert F. Kennedy Jr. - Wikipedia 25/65 Kennedy says that he drinks only raw milk and believes that it has health benefits.[374][375] In October 2024, he accused the of \"aggressive suppression'' of raw milk.[376] Raw milk has not been pasteurized to kill harmful pathogens. Experts and the say raw milk is not more nutritious than pasteurized milk and consuming raw milk has disease risks. Raw milk consumption has caused many U.S. disease outbreaks.[374][375][377] The U.S. prohibits interstate commerce in raw milk and 20 states prohibit its sale.[378] Kennedy is a licensed master falconer and has trained hawks since he was 11. He breeds hawks and falcons and is also licensed as a raptor propagator and a wildlife rehabilitator.[379] He holds permits for Federal Game Keeper, Bird Bander, and Scientific Collector. He was president of the New York State Falconry Association from 1988 to 1991. In 1987, while on Governor Mario Cuomo's New York State Falconry Advising Committee, Kennedy authored New York State's examination to qualify apprentice falconers. Later that year, he wrote the New York State Apprentice Falconer's Manual, which was published by the New York State Department of Environmental Conservation and remains in use.[380] Kennedy is also a whitewater kayaker. His father introduced him and his siblings to whitewater kayaking during trips down the Green and Yampa Rivers in Utah and Colorado, the Columbia River, the Middle Fork Salmon in Idaho, and the Upper Hudson Gorge. Between 1976 and 1981, Kennedy was a partner and guide at a whitewater company, Utopian, based in West Forks, Maine. He organized and led several \"first-descent\" whitewater expeditions to Latin America, including three hitherto unexplored rivers: the Apurimac, Peru, in 1975; the Atrato, Colombia, in 1979; and the Caroni, Venezuela, in 1982.[381] In 1993, he made an early descent of the Great Whale River in northern Quebec, Canada.[382] In 2015, Kennedy took two of his sons to the Yukon to visit Mount Kennedy and run the Alsek River, a whitewater river fed by the Alsek Glacier. Mount Kennedy was Canada's highest unclimbed peak when the Canadian government named it for John F. Kennedy in 1964.[383] In 1965, Kennedy's father became the first person to climb Mount Kennedy.[384] On April 3, 1982, Kennedy married Emily Ruth Black, whom he met at the University of Virginia School of Law.[385] Kennedy and Black separated in 1992 and divorced in 1994.[386] On April 15, 1994, Kennedy married architect and designer Mary Kathleen Richardson, a close friend of his sister Kerry, aboard a research vessel on the Hudson River.[387][388] Kennedy has six children, two with Black and four with Richardson.[389] Raw milk Personal life General interests Marriages and children 2/21/25, 7:50 Robert F. Kennedy Jr. - Wikipedia 26/65 During his marriage to Richardson, Kennedy was known among his friends for sending explicit nude photos of women that they presumed he had taken, according to Vanity Fair.[24] He reportedly engaged in multiple affairs during the marriage.[390][24][391] His friends later called him a \"lifelong philanderer\".[392][393] On May 12, 2010, Kennedy filed for divorce from Richardson. On May 16, 2012, Richardson was found dead in a building on the grounds of her home in Bedford, New York. The Westchester County Medical Examiner ruled the death a suicide due to asphyxiation from hanging.[394] Before her death, Richardson had discovered Kennedy's personal journal from 2001, in which he recorded sexual encounters with 37 different women. According to Kennedy, Richardson passed the journal along \"to her sisters with instructions that, if anything happened to her, [it should be] published in the press\".[395][396] During their divorce, Richardson began exhibiting signs of drug and alcohol abuse and psychiatric distress.[388][397][398] After her death, Kennedy won a court case against Richardson's siblings to have her buried alongside fellow Kennedy family members in St. Francis Xavier Cemetery in Centerville, Massachusetts, instead of closer to her siblings in New York. Shortly after her burial, Kennedy had her body disinterred and moved to an unmarked grave in an empty area of the cemetery, to allow for more space for future burials closer to the Kennedy family plots.[399] Kennedy's niece Saoirse Kennedy Hill was buried next to Richardson after her death from a drug overdose at age 22.[400] In 2012, Kennedy began dating the actress Cheryl Hines. They married on August 2, 2014, at the Kennedy Compound. The couple were introduced by Larry David, Hines's co-star on HBO's Curb Your Enthusiasm.[401][402] Kennedy and Hines reside in Los Angeles[403] and Cape Cod, Massachusetts.[404] In September 2024, Olivia Nuzzi, a reporter for New York magazine who had been covering his presidential campaign, told her editors that she had been in a relationship with Kennedy, which she described as personal but not physical.[405] During Kennedy's college years, he started having heart problems, which he has said were caused by caffeine, stress, and sleep deprivation.[406] In his 40s, Kennedy developed adductor spasmodic dysphonia, an organic voice disorder that causes his voice to quaver and makes speech difficult. It is a form of involuntary movement affecting the larynx, related to dystonia.[25][28][407][408][409] Kennedy said he traveled to Kyoto, Japan, for a procedure where a titanium bridge was inserted between his vocal cords to try to relieve the disorder.[406] Kennedy began experiencing severe short- and long-term memory loss and mental fog in 2010. In a 2012 divorce court deposition, he attributed neurological issues to \"a worm that got into my brain and ate a portion of it and then died\", in addition to mercury poisoning from eating large quantities of tuna.[406][410] The Washington Post reported that Kennedy's campaign \"has not released his medical records that could verify his account, and Kennedy has previously spread health misinformation, including about mercury in vaccines\".[411] Health 2/21/25, 7:50 Robert F. Kennedy Jr. - Wikipedia 27/65 Kennedy is a Catholic.[412] In 2005, journalist Michael Paulson called him \"a deeply devout Catholic who attends daily Mass\".[413] Kennedy considers Francis of Assisi his patron saint and a role model.[412] In a 2005 interview with The Boston Globe, he said he was deeply inspired by Francis's devotion to social justice, helping the poor, animal welfare, and environmentalism; Francis is a patron saint of ecology.[413] In 2004, Kennedy published a biography, Saint Francis of Assisi Life of Joy.[413] He also said Catholicism was a vehicle of his environmentalism, adding, \"environmental work is spiritual work\".[413] Despite identifying as pro-life,[413] Kennedy also identifies with liberal Catholicism.[241] He criticized the church's argument that John Kerry should have been denied communion because of his support for abortion rights.[413] In a 2018 interview with Vatican News, Kennedy expressed his admiration for Pope John XXIII, who is best known for his modernization of the church in the 1960s. Kennedy said, \"the Church should be an instrument of justice and kindness around the world.\"[414] In July 2024, Vanity Fair reported that in the late 1990s, when he was in his 40s, Kennedy engaged in sexual misconduct with Eliza Cooney, a 23-year-old part-time babysitter for his children.[415] Cooney alleges that Kennedy groped her and touched her inappropriately on multiple occasions and asked her to rub lotion on his back when the two were alone in a bedroom.[24] Kennedy called this Vanity Fair piece a \"lot of garbage\". When asked specifically about Cooney's allegation, he responded am not a church boy had a very, very rambunctious youth said in my announcement speech that have so many skeletons in my closet that if they could all vote could run for king of the world.\" When pressed further, he said he had no comment.[415] After the Vanity Fair piece was published, Cooney said that Kennedy texted her have no memory of this incident, but apologize sincerely for anything ever did that made you feel uncomfortable or anything did or said that offended you or hurt your feelings never intended you any harm. If hurt you, it was inadvertent feel badly for doing so.\"[416] Cooney said don't know if it's an apology if you say don't remember'...In the context of all his public appearances, it seemed a little bit\u2014it didn't match. It was like a throwaway.\"[416] In July 2024, an image of Kennedy holding a charred animal carcass captured in 2010 surfaced in a Vanity Fair story, which alleged that the carcass belonged to a dog and that Kennedy ate it.[24] Kennedy denied that he ate dog meat, and said the animal carcass in the picture was a goat.[417] According to Snopes, the carcass in the photo is lamb.[418] Kennedy had eaten dog, horse, and guinea pig meat before 2001, however.[419] In August 2024, Kennedy released a video on Twitter, acknowledging that in October 2014 he placed a dead six-month-old bear in Central Park after initially planning to skin it for meat.[420] Kennedy claimed that the bear had been hit by a car in front of him and that he ultimately abandoned the carcass for fear that it would spoil before he could preserve it, deliberately positioning the body to give the impression that it had been struck by a cyclist in Central Park.[421] He released the video in advance of a story in The New Yorker that detailed the incident.[422] At the time of the incident, the Religion Sexual assault allegations Treatment of dead animals 2/21/25, 7:50 Robert F. Kennedy Jr. - Wikipedia 28/65 spectacle of a dead bear in a New York City park made the local news resulting necropsy by the New York State Department of Environmental Conservation found that the death was caused by \"blunt force injuries consistent with a motor vehicle collision\".[423] In a 2012 Town & Country magazine profile of Kennedy's daughter Kathleen (\"Kick\"), she recounted a story about how her father\u2014who, she said, liked to study animal skulls and skeletons\u2014used a chainsaw to sever the head of a dead beached whale in Hyannis Port, Massachusetts, then strapped the whale's head to the top of their minivan with bungee cords for the five-hour drive home, saying, \"every time we accelerated on the highway, whale juice would pour into the windows of the car\" and they \"had plastic bags over our heads with mouth holes cut out, and people on the highway were giving us the finger, but that was just normal day-to-day stuff for us\".[424][425] In September 2024, the National Oceanic and Atmospheric Administration Fisheries Office of Law Enforcement announced that it was investigating the incident.[426] Coat of arms of Robert F. Kennedy Jr. Notes On St. Patrick's Day, March 17, 1961, a ceremony took place at the White House when the Ambassador of the Republic of Ireland, T. J. Kiernan, presented President John F. Kennedy with a hand-illuminated sheet of vellum. Signed by Gerard Slevin, Chief Herald of Ireland, the document announced that the Irish government had granted a coat of arms to Patrick Kennedy's descendants, including Robert F. Kennedy Jr., whose great-great-grandfather was Patrick Kennedy.[427] Crest between two olive branches a cubit sinister arm in armor erect, the hand holding a sheaf of four arrows, points upward, all proper. Escutcheon Sable, three helmets in profile Or within a bordure per saltire Gules and Ermine. Russell, Dick (June 20, 2023). The Real Jr. Trials of a Truth Warrior ( blishing.com/9781510776098/the-real-rfk-jr/). Skyhorse Publishing. p. 384 978-1-5107- 7609-8. Arms Bibliography 2/21/25, 7:50 Robert F. Kennedy Jr. - Wikipedia 29/65 Kennedy has written books on subjects such as the environment, vaccinations, biography, and American heroes. Two of his books, The Real Anthony Fauci and Vax-Unvax: Let the Science Speak are New York Times Bestsellers.[428][429] Kennedy Jr., Robert F. (1978). Judge Frank M. Johnson Jr biography. Putnam 978-0- 399-12123-4. Cronin, John; Kennedy Jr., Robert F. (1997). The Riverkeepers: Two Activists Fight to Reclaim Our Environment as a Basic Human Right ( New York: Scribner 978-0-684-83908-0. Kennedy Jr., Robert F. (2005). Crimes Against Nature: How George W. Bush and His Corporate Pals Are Plundering the Country and Highjacking Our Democracy ( sagainstnat00kenn). New York: HarperCollins 978-0-06-074687-2. Kennedy Jr., Robert F., ed. (2014). Thimerosal: Let the Science Speak: The Evidence Supporting the Immediate Removal of Mercury \u2013 a Known Neurotoxin \u2013 from Vaccines. New York: Skyhorse Publishing 978-1-63220-601-5. Kennedy Jr., Robert F. (2016). Framed: Why Michael Skakel Spent Over a Decade in Prison For a Murder He Didn't Commit. New York: Skyhorse Publishing 978-1-5107-0177-9.[430] Kennedy Jr., Robert F. (2018). American Values: Lessons Learned from My Family. Harper 978-0-06-084834-7. Kennedy Jr., Robert F.; Russell, Dick (2020). Climate in Crisis: Who's Causing It, Who's Fighting It, and How We Can Reverse It Before It's Too Late. Hot Books 978-1-5107-6056-1. Kennedy Jr., Robert F. (2021). The Real Anthony Fauci: Bill Gates, Big Pharma, and the Global War on Democracy and Public Health. Skyhorse Publishing 978-1-5107-6680-8. Kennedy Jr., Robert F. (2022 Letter to Liberals: Censorship and COVID: an Attack on Science and American Ideals. Skyhorse Publishing 978-1-5107-7559-6. Kennedy Jr., Robert F.; Hooker, Brian (2023). Vax-Unvax: Let the Science Speak. Skyhorse Publishing 978-1-5107-6696-9. Kennedy Jr., Robert F. (2023). The Wuhan Cover-Up: And the Terrifying Bioweapons Arms Race. Skyhorse Publishing 978-1-5107-7398-1. St. Francis of Assisi Life of Joy. Hyperion. 2004 978-0-7868-1875-4. Robert F. Kennedy Jr.'s American Heroes: The Story of Joshua Chamberlain and the American Civil War. New York: Hyperion. 2007 978-1-4231-0771-2. Robert Smalls: The Boat Thief. New York: Hyperion. 2008 978-1-4231-0802-3. a. John F. Kennedy ran a successful presidential campaign and was elected in 1960. Robert F. Kennedy ran for the Democratic nomination for president in 1968,[134] but was assassinated in June that year. Kennedy's uncle-by-marriage Sargent Shriver ran for the nomination in 1976,[135] but later withdrew from the race. Ted Kennedy ran for the Democratic nomination in the 1980 election,[136] but was defeated in the primaries by incumbent Democratic president Jimmy Carter. Selected works Children's books Note 2/21/25, 7:50 Robert F. Kennedy Jr. - Wikipedia 30/65 1. Multiple sources: Mnookin 2017 Zadrozny & Adams 2021 2020 2021 References Citations 2/21/25, 7:50 Robert F. Kennedy Jr. - Wikipedia 31/65 2. Multiple sources: The Anti-Vaxx Playbook ( ti-Vaxx-Playbook.pdf) (PDF) (Report). Center for Countering Digital Hate. 2020. Archived (http s://web.archive.org/web/20220709180456/ 5/210106-The-Anti-Vaxx-Playbook.pdf) (PDF) from the original on July 9, 2022. Retrieved June 9, 2023. Oshin, Olafimihan (January 23, 2022). \"Auschwitz Memorial says Jr. speech at anti- vaccine rally exploits Holocaust tragedy\" ( s://thehill.com/homenews/state-watch/590995-auschwitz-memorial-says-rfk-jr-speech-at-anti-v accine-rally-exploits). The Hill. Archived from the original ( watch/590995-auschwitz-memorial-says-rfk-jr-speech-at-anti-vaccine-rally-exploits) on January 24, 2022. Retrieved January 27, 2022. \"During a speech at the rally, Kennedy, a conspiracy theorist and prominent anti-vaxxer, warned of a massive surveillance network created with satellites in space and 5G mobile networks collecting data.\" \"Cheryl Hines Blasts Husband Jr. for Holocaust Remark\" ( 220125193828/ TheWrap. January 25, 2022. Archived from the original ( -rfk-jr-husband-holocaust-comparison/) on January 25, 2022. Retrieved January 27, 2022. \"Cheryl Hines has publicly condemned a statement made by her husband Robert F. Kennedy Jr. at a rally on Sunday, in which the environmental lawyer and conspiracy theorist likened regulations to the Holocaust.\" \"Guests urged to be vaccinated at anti-vaxxer Robert Kennedy Jr's party\" ( e.org/web/20211218183905/ dy-jr-cheryl-hines-party-vaccinated-guests). The Guardian. December 18, 2021. Archived from the original ( s-party-vaccinated-guests) on December 18, 2021. Retrieved January 27, 2022. \"The younger Kennedy has campaigned on environmental issues but is also a leading vaccines conspiracy theorist and activist against shots including those approved to combat Covid-19, which has killed more than 805,000 in the and more than 5.3 million worldwide.\" Dorn, Sara; Pastis, Stephen (November 15, 2024 Jr.'s Conspiracy Theories: Here's What Trump's Pick For Health Secretary Has Promoted\" ( 2001012/ what-trumps-pick-for-health-secretary-has-promoted/). Forbes. Archived from the original (http s:// ick-for-health-secretary-has-promoted/) on January 12, 2025. Retrieved January 18, 2025. \"Robert F. Kennedy Jr.'s Conspiracy Theories Go Beyond Vaccines\" ( m/2023/07/06/us/politics/rfk-conspiracy-theories-fact-check.html). The New York Times. July 6, 2023. Retrieved October 12, 2023. \"Robert F. 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Ray, Siladitya (November 18, 2024). \"Caroline Kennedy Calls Cousin Jr.'s Vaccine Stance 'Dangerous,' In Farewell Speech As Ambassador To Australia\" ( tyaray/2024/11/18/caroline-kennedy-calls-cousin-rfk-jrs-vaccine-stance-dangerous-in-farewell-spe ech-as-ambassador-to-australia/). Forbes. Retrieved November 22, 2024. 268. Breuninger, Kevin (November 18, 2024). \"Caroline Kennedy calls Trump pick Jr.'s vaccine views 'dangerous' \" ( nnedy.html). CNBC. Retrieved November 22, 2024. 269. Nagourney, Adam; O'Brien, Rebecca Davis (January 28, 2025). \"Caroline Kennedy's Video Exposes the Fight Over a Fading Family Legacy\" ( s/caroline-robert-kennedy-trump.html). The New York Times. Retrieved January 29, 2025. \"On the eve of his Senate confirmation hearing, Ms. Kennedy described Mr. Kennedy as not just unqualified to run the Department of Health and Human Services, the position that President Trump has nominated him to fill, but also a \"predator\" and a hypocrite. 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8,441	Syed Ahsan	Oakland Community College	[ "8441_101.pdf", "8441_102.pdf" ]	{"8441_101.pdf": "Ex-student sues Oakland Community College, alleges prof assaulted her Published 5:51 p.m Sept. 18, 2019 Updated 8:34 p.m Sept. 18, 2019 former Oakland Community College student filed a federal lawsuit Wednesday against the college and several administrators, alleging that she was sexually assaulted by the former head of the school's architecture program after at least five complaints had been lodged against him since the 1990s. The lawsuit, filed in U.S. District Court in Detroit, alleges Syed Ahsan, a professor of nearly 30 years, gained the plaintiff's trust, groomed her and sexually assaulted her starting three years after she began attending OCC. The Detroit News does not identify alleged victims of sexual assault unless they speak out publicly. The alleged assaults began in the fall 2016 when the woman was 23 and Ahsan \"lured (her) to his house under that guise that he would provide her additional assistance and academic support in her classes,\" according to the lawsuit. \"Beginning in 2016 and throughout 2018, while acting as (the plaintiff's) professor and mentor, Defendant Ahsan forcefully and without the consent of (the plaintiff), groped (her) breasts, hugged her, put his unwanted hands on (her) body, and forced his open mouth onto (her) hand, head, forehead, cheek, and mouth,\" according to the lawsuit. The suit also names the Board of Trustees, Chancellor Peter Provenzano Jr. and several college administrators, alleging they failed to protect her. Ahsan could not be immediately reached for comment. Provenzano said he is taking the allegations of this former student seriously. Kim Kozlowski The Detroit News 2/21/25, 7:50 Ex-student's suit alleges Oakland Community College prof assaulted her 1/4 \"Soon after the receipt of an internal Title complaint, we hired an independent, outside legal expert to conduct a comprehensive investigation,\" the chancellor said. \"That investigation played a role in our administration\u2019s decision to terminate the instructor named in the complaint. The investigation found that he committed lapses in professional behavior that the College considers unacceptable. \"We are committed to ensuring a safe experience for all our students,\" Provenzano continued. \"Our goal is to provide a learning environment free from the type of behavior alleged in this case.\" The lawsuit comes amid the ongoing #MeToo movement and sexual assaults complaints across the nation, including the highly-publicized case of Larry Nassar, the pedophile who assaulted women for decades as a Michigan State University doctor. Besides the plaintiff in the case, Okemos-based lawyer Jamie White represented 50 of the 500 women who came forward with accusations against Nassar, now imprisoned for life. Other sexual assault lawsuits involving Michigan academia include a civil claim against University of Michigan professor David Daniels, a renowned opera singer on leave from the university, who along his partner, Scott Walters, allegedly sexually assaulted a 23-year-old performer in May 2010 at the Houston Grand Opera. The lawsuit against outlines allegations against Ahsan involving five Jane Does, the first being a woman who wrote college officials in 1997 alleging that he had harassed her while they were colleagues at the University of Waterloo in Canada in 1990, according to the complaint. The other Jane Doe cases in the suit include an subordinate of Ahsan from 1994 through 1997; the suit alleges he grabbed her and forced her breasts against his chest. \"Jane Doe 2 complained numerous times to many individuals about the sexual harassment and assaults perpetrated by Defendant Ahsan, yet no action was taken by Defendant OCC,\" according to the lawsuit. Other Jane Does in the suit also included a student enrolled in an work-study program in the fall of 1996 who worked for Ahsan. Among other things, he allegedly put his arms around her when she was typing and kissed her cheek, according to the suit. The complaint also says he demanded twice that she come to 2/21/25, 7:50 Ex-student's suit alleges Oakland Community College prof assaulted her 2/4 his house to have him sign her time sheet, and both times, he \"greeted her wearing a bathrobe.\" She made a complaint to OCC, according to the lawsuit, but \"(d)espite this notice, Defendant knowingly allowed a sexual predator to work with students, staff, and administration.\" Ahsan allegedly sexually harassed another woman by commenting on her lips and body and demanding she wear a dress when she came to visit him, the complaint says His behavior allegedly escalated in 1996 when he groped and fondled her buttocks, according to the lawsuit. The woman reported him to OCC\u2019s Public Safety Office because she felt unsafe, but the college took no action, according to the lawsuit. Ahsan was terminated after a 1997 investigation, then reinstated in 2000 after an arbitration hearing, according to the lawsuit year after he was reinstated, Ahsan allegedly sexually harassed an student by asking her on dates, hugging her and giving her extra credit for working on a website with him in his office, according to the lawsuit. He also allegedly asked her to go on a trip with him to St. Louis in 2001, the suit says. She reported him to and an outside investigation was launched report concluded that, \u201cMr. Ahsan\u2019s actions were particularly egregious because his harassing behaviors began immediately upon his return to work following the arbitrator\u2019s reinstatement,\u201d according to the lawsuit. He was suspended for one semester, according to the lawsuit. \"As a result of Defendant OCC\u2019s complete and utter failure to protect or warn its female students and employees, Defendant Ahsan continued his sexually assaultive rampage against female students on Defendant OCC\u2019s campus,\" according to the lawsuit. The plaintiff filed a Title complaint in May 2018. Five months later, a report showed that investigators interviewed five male students, who reported no inappropriate comments or sexual advances from Ahsan, according to the lawsuit. It concluded that he created a sexual hostile environment, which lead the plaintiff to be unable to complete her coursework. 2/21/25, 7:50 Ex-student's suit alleges Oakland Community College prof assaulted her 3/4 \"As a direct and/or proximate result of Defendant OCC\u2019s actions and/or inactions, (the plaintiff) has suffered and continues to suffer discomfort, sleep deprivation, physical illness, uncontrollable anxiety, severe depression, suicidal thoughts, severe emotional distress, shock, humiliation, fright, grief, embarrassment, loss of self-esteem, disgrace, loss of familial relationships, loss of enjoyment of life, and will continue to suffer pain of mind and body, was prevented and will continue to be prevented from performing her daily activities and obtaining the full enjoyment of life, and has sustained and will continue to sustain loss of earnings and earning capacity.\" The lawsuit alleges was negligent and violated Title law and the plaintiff's civil rights. It seeks monetary damages and non-monetary damages to be determined by a court. [email protected] 2/21/25, 7:50 Ex-student's suit alleges Oakland Community College prof assaulted her 4/4", "8441_102.pdf": "\uf002 \uf26c Watch Now Former Oakland Community College student files lawsuit claiming she was sexually assaulted by professor \uf09a\ue61b\uf0e0 \uf26c Watch Now Menu 2/21/25, 7:51 Former student files lawsuit claiming she was sexually assaulted by professor 1/7 Posted 9:22 PM, Sep 19, 2019 and last updated 9:23 PM, Sep 19, 2019 BLOOMFIELD, Mich. (WXYZ) \u2014 The lawyer of a former Oakland Community College student is speaking out about a federal lawsuit filed Wednesday against a former professor who allegedly began assaulting his client in 2016. Attorney James White says his client should have been protected by the school when she first reported the alleged abuse, and school officials should have taken her accusations seriously. \"She\u2019s distraught,\" said the former student's attorney James White. \"She had a life-long dream to be an architect, that dream has been shattered,\" White added, \"Sexual predators have methods, they methodically work themselves into environments where the victims are accessible.\" The lawsuit alleges the former head of the school's architecture program, Syed Ahsan, gained the students trust and sexually assaulted her. Tonight the lawyer of a former Oakland Community College student is speaking out about a federal lawsuit filed Wednesday against a former professor who allegedly assaulted his student beginning in 2016. Read More 00:01 02:00 \uf26c Watch Now 2/21/25, 7:51 Former student files lawsuit claiming she was sexually assaulted by professor 2/7 \"It was both the physical abuse, mental abuse and ultimately enough for her to remove herself from the program and the college all together,\" White said. The alleged assaults started in 2016 when the student was 23 years old and lasted through 2018. The lawsuit says Ahsan forcefully, and without consent, groped, hugged and put his hands on her body. \"He would use his open mouth and lick on her face and neck (and) make lewd comments,\" White said. We did receive a statement from the Oakland Community College chancellor that\u2019s says, in part: We take the allegations of this former student seriously. Soon after the receipt of an internal Title complaint, we hired an independent, outside legal expert to conduct a comprehensive investigation. That investigation played a role in our administration\u2019s decision to terminate the instructor named in the complaint. White says in the 90s, when Ahsan was hired by the College, he either harassed or assaulted three women. \"Those women made complaints to the university,\" he said. \"For all practical purposes, those complaints fell on deaf ears.\" White says the college needs to change or something like this will happen again think until Oakland Community College accepts responsibility for what\u2019s occurred here and commits itself to change, its going to happen again,\" White \uf26c Watch Now 2/21/25, 7:51 Former student files lawsuit claiming she was sexually assaulted by professor 3/7 said. He added that his client has since relocated out of the state. Ahsan\u2019s employment was terminated by the College in February 2019. Copyright 2019 Scripps Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed. 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8,469	Panagiotis Polygerinos	Arizona State University	[ "8469_101.pdf", "8469_102.pdf", "8469_103.pdf" ]	{"8469_101.pdf": "faces federal civil rights office investigation after student says harassment complaint led to retaliation Published 8:00 a.m Nov. 8, 2019 The U.S. education department's Office of Civil Rights is investigating a complaint from an Arizona State University student who says her fellow students retaliated against her after she filed a complaint against the students' former adviser. The student, who is pursuing a Ph.D., first filed a sexual harassment complaint against her adviser, Panagiotis Polygerinos, who was an assistant professor of engineering. After the complaint, the student says two of her fellow students in the Bio-Inspired Mechatronics Lab began retaliating against her, a letter from the Office of Civil Rights says. The office is responsible for enforcing Title IX, a federal law that prohibits discrimination on the basis of sex in any education program that receives federal funds. Part of the law also protects people who file complaints or participate in investigations from intimidation and retaliation \"fostered a sexually hostile environment\" when it \"failed to appropriately address\" the ongoing retaliation by the two students, the letter says. The student's claims were first reported in October by Inside Higher Ed, which spoke to the student and reviewed her initial complaint and supporting materials. The student is not named in the story. The student's attorney, Lauren Dunn, said her client did not want to do further media interviews or share the initial complaint while the investigation is ongoing. Dunn shared a determination letter from on the Polygerinos complaint and the letter from the Office of Civil Rights that confirmed the investigation. Rachel Leingang The Republic \| azcentral.com 2/21/25, 7:51 Student's sexual harassment complaint against adviser sees investigated 1/3 The education department's database of civil rights investigations shows an open investigation, started on Oct. 10, of Title retaliation at ASU. The Arizona Republic filed a public records request Oct. 25 seeking documents related to this case. The request has not yet been fulfilled. Investigation into professor letter dated Aug. 16, 2019, from Provost Mark Searle, says the university's Office of Equity and Inclusion investigated claims against Polygerinos. The investigation determined Polygerinos had violated two university polices: one that prohibits discrimination, harassment and retaliation, and another related to romantic or sexual relationships between faculty members and students. As of that letter, Polygerinos had resigned and did not work at anymore. \"He is ineligible to be rehired,\" Searle wrote. \"In addition, it is my understanding that he has relocated out of the country.\" The letter provides information about counseling services. It also notes that all parties involved in complaints, including those who make them and those who participate in the investigations, are \"protected from retaliation.\" Polygerinos did not immediately respond to a request for comment sent via social media starts inquiry letter to Dunn from the Office of Civil Rights on Oct. 10 says the office received a complaint on Sept. 17 alleging \"discriminated and retaliated on the basis of sex.\" The office determined it had the authority to investigate the complaint and opened an investigation, the letter says. The student alleges she was experiencing ongoing retaliation by two fellow Ph.D. students in her lab after her complaint against their \"former shared Ph.D. advisor and lab supervisor,\" Polygerinos footnote in the letter says the student reported \"quid pro quo sexual harassment\" to in January. 2/21/25, 7:51 Student's sexual harassment complaint against adviser sees investigated 2/3 Opening the investigation \"in no way implies\" that the office has determined anything about the complaint's merits, the letter notes offers a process similar to mediation, called Facilitated Resolution Between the Parties, which the student expressed interest in, the letter says. If the office's investigation finds any violation of law, it will attempt to \"negotiate a remedy.\" If it can't secure an \"appropriate remedial action,\" it may seek the termination of ASU's participation in federal funds or refer the investigation to the U.S. Department of Justice, the letter says. Reach reporter Rachel Leingang by email at [email protected] or by phone at 602-444-8157, or find her on Twitter and Facebook. Support local journalism. Subscribe to azcentral.com today. 2/21/25, 7:51 Student's sexual harassment complaint against adviser sees investigated 3/3", "8469_102.pdf": "The case raises questions about how protects students who report retaliation not by the accused professor, but by other classmates. The Greek Leadership Village's courtyard on Arizona State University's main campus. Kelsie Blazier Our Top 100 Restaurants list is here! Grab a fork and dive in Under Investigation for Failure to Protect Student After Title Complaint By Hannah Critchfield November 7, 2019 Arizona State University is under investigation by the federal government for sexual discrimination and retaliation in a case that raises questions about how the university protects students who report retaliation from other students. Earlier this month, the Department of Education\u2019s Office of Civil Rights (OCR) notified that it was opening an investigation for potential Title violations in the case. The probe began when a graduate student filed a complaint with the government alleging the university had fostered a \u201csexually hostile environment\u201d by failing to address reports of retaliation by the student's lab peers after she reported a professor for harassment. ASU\u2019s alleged failure to intervene reportedly led the student to switch to work in a lab on another campus, at the expense of her research and access to professional opportunities. The professor at the center of the initial investigation, Panagiotis Polygerinos, resigned before found him in violation of the university\u2019s Title policies. The two students who allegedly committed the subsequent retaliation have not responded to requests for comment confirmed the investigation for Phoenix New Times this week, but declined to comment. Details of the student\u2019s complaint were reported by Inside Higher Ed\u2019s Colleen Flaherty on October 25. The student\u2019s lawyer, Laura Dunn, showed Flaherty the student\u2019s complaint, according to the article. But because the complaint has opened since then, Dunn declined to show the complaint to New Times, citing the pending investigation, or provide the student\u2019s name, which was also not revealed in Flaherty\u2019s piece. She said Flaherty\u2019s article is accurate. She additionally provided the letter notifying the graduate student of the open investigation, and ASU\u2019s letter of the original Title findings. If the federal government finds the university has violated Title IX, it will seek a remedy with both parties. The graduate student is asking for communal lab equipment to be placed in a neutral location on campus, according to Dunn, plus compensation to ensure continued access to education and to offset costs incurred in the matter. For the university, the situation is precarious \u2014 if the office rules is guilty and cannot secure a remedy, the ultimate penalty is the termination of federal funds that get Listen to the article now 1.0x Audio by Carbonatix distributed to ASU. The could also refer the case to the Department of Justice. Back in January, the Ph.D. student, who worked as a research assistant at ASU\u2019s Bio- Inspired Mechatronics Lab in Mesa, reported the lab's director to university authorities for alleged sexual harassment and retaliation. Polygerinos went on leave almost immediately, and eventually found him responsible for violating its Title policy on statutes of \"Prohibition on Discrimination, Harassment, and Retaliation\" and \"Romantic or Sexual Relationships Between Faculty Members and Students\" on August 18, according to the letter. Yet according to Flaherty\u2019s reporting on the complaint, the student alleges that even after Polygerinos' departure, retaliation continued. She alleges that two fellow graduate students in the lab, who New Times is declining to name without reviewing the original complaint, began to treat her differently after calling Polygerinos to learn details of his leave. They allegedly stopped speaking to her in the lab, and left her out of work emails and meetings. Her name was left out of a published paper with the two students \u2014 though Polygerinos' was included. When the student expressed her concerns to the lab\u2019s replacement adviser, she claims that he recommended she resign from her projects with the two students, encouraged her to seek a new adviser, and further advised her to work on a different campus. When he placed the two students in charge of the lab through 2020, despite knowing she would regularly need to use the equipment in the space regardless of the transfer, she filed a formal Title report with the university for retaliation, according to Flaherty's summation of the complaint found in July that no one currently working in the lab had committed retaliation. However, the complaint reportedly says that the graduate student believed retaliation would continued after one of the two students requested her name be left out of an application for a patent in September. She filed her complaint shortly after few weeks later, the mailed her lawyer a letter, reviewed by New Times, stating that the agency was opening an investigation into ASU\u2019s possible violation of Title IX, which prohibits discrimination on the basis of sex in educational activities. \u201cPlease note that opening the allegation for investigation in no way implies that we have made a determination with regards to its merits,\u201d the letter states. Dunn said the student is open to \"Facilitated Resolution by Both Parties,\" a form of confidential, voluntary mediation that could resolve the matter in a few months Sign up for the This Week's Top Stories newsletter to get the latest stories delivered to your inbox Email \u2022 Enter Email reCAPTCHA I'm not a robot Privacy - Terms Your Health Matters Ads By was an editorial fellow for Phoenix New Times starting in 2019 message from News Editor Zach Buchanan: If you value independent journalism, please consider making a contribution to support our continued coverage of essential stories and to investigate issues that matter. Balance your Blood Sugar and Drop the Pounds Sugar Defender Slim Down Without Taking Prescription Medications Puravive Is Alzheimer's Disease Genetic? HealthDay News SALE? Post & get featured here! Next Stay $100 $500 Use of this website constitutes acceptance of our terms of use, our cookies policy, and our privacy policy. View our accessibility policy and policy. The Phoenix New Times may earn a portion of sales from products & services purchased through links on our site from our affiliate partners. \u00a92025 Phoenix New Times, LLC. All rights reserved. Do Not Sell or Share My Information", "8469_103.pdf": "598 - Topic: Mechatronics Device Innovation Spring 2018 - Syllabus FACULTY: Dr. Panagiotis (Panos) Polygerinos [email protected] 480-727-5275 Technology Center, Room 150 Tu & Th 2:00 \u2013 3:00pm Saivimal (Sai) Sridar (PhD Candidate), [email protected] Technology Center, Room 183 Pham Huy (Berm) Nguyen (PhD Candidate), [email protected] Technology Center, Room 183 TIME: Course: 25650 Polytechnic Campus - TECH162 Tu & Th 3:00 \u2013 4:15 pm TEXT: Introduction to Mechatronic Design, Edward Carryer, Matthew Ohline, and Thomas Kenny, Prentice Hall Biodesign: The Process of Innovating Medical Technologies, Stefanos Zenios, Josh Makower, Paul Yock, Cambridge University Press WEBSITE: MyASU Blackboard PREREQUISITES: Fundamental knowledge of Robotics, Mechatronics, and Engineering design are prerequisites. Culmination graduate mechatronics course, open to senior undergraduate students. Course Overview Culmination experience project-based graduate course on the design of mechatronic devices to address needs identified by hospital-based clinicians. Students having acquired prior engineering and robotics fundamental knowledge embark on this course to work in teams with physicians and develop a novel mechatronic device while in parallel an entrepreneurial mindset is fostered. The design process includes: needs finding; problem identification; prior art searches; strategy and concept generation; estimation; sketching; sketch modeling; machine elements, ergonomics and prototyping. Emphasis will be on the development of creative designs that are motivated by analytical models. There will also be a number of lectures on specific aspects pertinent to novel devices including intellectual property, marketing, licensing and startups and lean launchpad for startups, provided by Skysong Innovations. This course will have a significant communication component as students will present ideas in class and at an industry forum. Students will also write a publication quality final paper, which they will be encouraged to submit to a conference or journal. Learning Objectives Students completing this course should be able to: \u2022 Perform needs finding and generate mechatronic design requirements \u2022 Follow a deterministic engineering design process to create new mechatronic healthcare products \u2022 Make connections with local clinicians and recognize opportunities while evaluating markets \u2022 Utilize fundamental mechatronic design principles, machine elements, manufacturing and assembly techniques, while learning from design mistakes \u2022 Apply engineering theory to practice \u2022 Manage projects and communicate their results in a professional manner \u2022 Work effectively in teams \u2022 Understand the necessary steps to take an idea to a prototype, patent it, and publish the findings \u2022 Perform risk assessment and countermeasure development Grading There are no problem sets and no tests. Grading will be as follows: \u2022 Final prototype 50% \u2022 Project management (following schedule, presentations, assignments, paper, design notebook) 35% \u2022 Peer Reviews 15% Laboratory Facilities and Prototyping Teams will each have a budget of ~$1,500 for prototyping and testing their solution. In general this will be used for purchasing components and final manufacturing of parts. Purchases need to be approved by course staff during weekly meetings before orders can be placed. The class facilities are on the Technology Center \u2013 Innovation hub, Bio-Inspired Mechatronics Lab, and studio TECH162. The computers in TECH162 have SolidWorks and other relevant software. Students will have to be trained on the machines before being allowed to operate them. Many teams will also want to fabricate their own parts \u2013 in particular for the lab and early stage of the term project. Weekly Team Meetings Weekly team meetings for each team will be performed with the course staff to review progress and brainstorm/solve project design problems as well as locate appropriate resources. Please prepare for these meetings by organizing the results and conclusions your team accumulated since the previous meeting and any questions you would like to ask the course staff. Documentation Students are expected to maintain lab notebooks with sketches, calculations, pasted in pictures, etc, which are informally reviewed during meetings and factor into grading, however their primary function is to document the design process, especially with regards to building a design history file and determining inventorship. The instructors also keep notebooks which they updated during meetings and presentations and use them to manage the teams and document their own contributions. It is critical to document (write) as-you-go else, because come the end of the semester, it will not be possible to completely write up a great paper. Final Deliverables Students are expecting to deliver a professional looking functioning proof-of-concept mechatronic prototype that solves the unmet clinical need identified by the physician that they are working with. At the end of the semester teams will give 15 minute presentations at Barrow Neurological Institute as well as an audience of representatives from the Phoenix Area medical community (MDs, VCs, and top researchers) and other interested parties. The team is responsible for submitting a final report in the form of a journal/conference article suitable for the Medical Devices conference or Wearracon Conference, or. other An \u201cA\u201d grade project is one that is presented in form and content that is actually ready to be submitted to a peer-reviewed journal/conference. Students will submit a draft of their final paper to course staff a week before the final deliverable and course staff will provide detail suggestions for improvement. Attendance Regular on-time attendance in this course is expected. The instructional presentations, activities and discussions that will occur during class sessions are designed to enhance your educational experience and help you achieve the identified course objectives. The instructor will take attendance each day in class. Students arriving late to class will be marked absent. You may miss up to three class sessions without penalty. Laboratories Closed-toe shoes are mandatory in the labs at all times. Do not wear flip-flops or sandals to class. In designated areas you are also required to wear safety glasses when operating or utilizing specific tools or equipment INTEGRITY: Each student has an obligation to act with honesty and integrity, and to respect the rights of others in carrying out all academic assignments 201 will follow the process defined by the Office of the Dean of Students, which states that any student who is found to have violated the Student Code of Conduct will, at a minimum, receive an in the course. The College Policy defines the process to be used if the student wishes to appeal this action DISABILITIES: The Americans with Disabilities Act (ADA) is a federal antidiscrimination statute that provides comprehensive civil rights protection for persons with disabilities. One element of this legislation requires that all qualified students with documented disabilities be guaranteed a learning environment that provides for reasonable accommodation of their disabilities. If you believe you have a disability requiring an accommodation please contact the Disability Resource Center at Polytechnic located in Sutton Hall \u2013 Suite 240 or call 480-727- 1039 / TTY: 480-727-1009 / email: [email protected] Title is a federal law that provides that no person be excluded on the basis of sex from participation in, be denied benefits of, or be subjected to discrimination under any education program or activity. Both Title and university policy make clear that sexual violence and harassment based on sex is prohibited. An individual who believes they have been subjected to sexual violence or harassed on the basis of sex can seek support, including counseling and academic support, from the university. If you or someone you know has been harassed on the basis of sex or sexually assaulted, you can find information and resources at As a mandated reporter am obligated to report any information become aware of regarding alleged acts of sexual discrimination, including sexual violence and dating violence Counseling Services, is available if you wish discuss any concerns confidentially and privately. NOTICE: Any information in this syllabus (other than grading and absence policies) may be subject to change with reasonable advance notice. NOTICE: All contents of these lectures, including written materials distributed to the class, are under copyright protection. Notes based on these materials may not be sold or commercialized without the express permission of the instructor. [Note: Based on 304-06 RESOURCES: There are a number of valuable resources on campus to help you achieve success both personally and academically. Don\u2019t hesitate to use them few of these are listed here: \u2022 Academic Success Programs \u2022 Counseling Services \u2022 Career Preparation \u2022 Help Desk Course Syllabus Week Tuesday Session Thursday Session Tasks & Project Milestones (1) 1/7 Welcome Course Overview and Logistics Presentation of projects by healthcare partners Presentation of projects by healthcare partners \u2022 Background research on presented healthcare challenges \u2022 Individual report submission on topics (Assignment 1 due 1/14 5pm) (2) 1/14 Teams announced Soft Robotics Intro (+Lab training) Information searching and synthesis Guest Lecture 101 - the basics of protection (Skysong Innovations \u2013 Kyle Siegal ) \u2022 Schedule meetings with clinical \u2022 Clinical training/orientation \u2022 Literature/IP/prototyping tools \u2022 Team report submission on Research Plan & Prior Art Search (Assignment 2 due 1/21 5pm) (3) 1/21 Lab working session Lab working session \u2022 Create Team\u2019s Mission statement \u2022 Set Functional Requirements \u2022 Team Roles \u2022 Team report submission on Problem Definition (Assignment 3 due 1/29 5pm) (4) 1/28 Lab working session Work on team strategies Team strategy presentations Student teams present problem definition, needs finding, and ethnographic results \u2022 Prepare team strategy presentation \u2022 Sketch high-level strategies to present in class \u2022 Create Pugh chart and select the top 3 strategies \u2022 Choose plan and research methods \u2022 Team report submission on Solution Strategies (Assignment 4 due 2/4 5pm) (5) 2/4 Lab working session Work on team design concepts Team presentations of high-level concepts \u2022 Prepare team concepts presentation \u2022 Sketch high-level concepts to present in class \u2022 Create Pugh chart and select the top 3 concepts \u2022 Team report submission on Design Concepts (Assignment 5 Due 2/11 5pm) (6) 2/11 Lab working session Work on team design concepts Lab working session Team meetings with instructor and \u2022 designs/progress/discussions \u2022 Meet with clinical partners to discuss concepts \u2022 Submit high-level designs of top 3 concepts (due 2/18 5pm) (7) 2/18 Lab working session Work on final concept Presentation of detailed (top) concept \u2022 Team Submission of revised detailed design of selected final concept (due 2/25 5pm) (8) 2/25 Work on first order analysis and mockup models Lab working session Bench-level experiment demonstration \u2022 Develop first-order analysis \u2022 Show and play with models with clinical partners (9) 3/4 Spring Break Spring Break Spring Break (10) 3/11 Guest Lecture: Marketing, licensing and startups Lab working session \u2022 Refine concept based on preliminary findings and clinical partner feedback (Skysong Innovations -Bill Loux) Lab working session \u2022 Identify most critical modules \u2022 Assign responsibilities (11) 3/18 Lab working session Guest Lecture: Controls in Mechatronic Design (Prof. W. Zhang) \u2022 Continue work on prototypes (12) 3/25 Team design review presentations Lab working session \u2022 Finalize detailed engineering of modules \u2022 Finalize manufacturing and assembly \u2022 Prepare testing/evaluation plan (13) 4/1 Lab working session Discussion on testing/evaluation plans Lab working session \u2022 Test complete prototype in realistic settings \u2022 Start preparation of final presentations (14) 4/8 Guest Lecture: Lean Launchpad for startups (Skysong Innovations - Bill Loux) Final presentations: Examples and guidelines Lab working session \u2022 Finalize testing (15) 4/15 Practice presentations in class Practice presentations in class \u2022 Finalize and practice presentations (16) 4/22 Guidelines for conference/journal/patent paper submission Practice presentations (team survey) Work on papers and presentations Course ends \u2022 Submit completed conference/journal/patent paper \u2022 Submit team survey \u2022 Final presentations, 10 minutes for each team \u2022 Final Presentations (open to the public): o Friday, April 27th, 11:30 \u20131:30, Barrow Neurological Institute, Sonntag Pavilion, 2910 3rd Ave, Phoenix, Arizona, 85013 o TBD, Innovation Showcase, Athletics Center at the Polytechnic Campus Disclaimer This syllabus is to be used as a guideline only. The information provided is a summary of topics to be covered in the class. Information contained in this document such as assignments, grading scales, due dates, office hours, required books and materials may be from a previous semester and are subject to change. Please refer to your instructor for the most recent version of the syllabus."}
7,903	Michael Shub	Westchester Community College	[ "7903_101.pdf", "7903_102.pdf" ]	{"7903_101.pdf": "From Casetext: Smarter Legal Research Shub v. Westchester Community College United States District Court, S.D. New York Apr 7, 2008 556 F. Supp. 2d 227 (S.D.N.Y. 2008) Copy Citation Download Check Treatment Take care of legal research in a matter of minutes with CoCounsel, your new legal assistant. Try CoCounsel free No. 06 Civ. 8324 (WCC). April 7, 2008. 228 228 Lovett Gould, White Plains (Kim Patricia Berg, of Counsel), for Plaintiff. Epstein, Becker Green, P.C., Stamford (David Seth Poppick, of Counsel), for Defendants. 232 232 Sign In Search all cases and statutes... Opinion Summaries Case details 2/21/25, 7:52 Shub v. Westchester Community College, 556 F. Supp. 2d 227 \| Casetext Search + Citator 1/44 CONNER, Senior District Judge.Page 1 Plaintiff, Michael Shub, brings suit against Joseph N. Hankin, President of Westchester Community College (\"WCC\"), in his individual capacity and the County of Westchester (the \"County\"). Plaintiff, who was an Associate Professor of Mathematics at until 1999, alleges he was denied a position as an Adjunct Professor for the Spring 2006 semester in retaliation for his protected First Amendment activities at and due to his age in violation of the Age Discrimination in Employment Act (\"ADEA\"), 29 U.S.C. \u00a7\u00a7 621, et seq. He also alleges that he was denied an Adjunct position for the Fall 2006 semester and thereafter in retaliation for having filed a Charge of Discrimination under the with the Equal Employment Opportunity Commission (\"EEOC\"). Defendants now move for summary judgment. 233 They argue that plaintiff did not engage in protected First Amendment activities, the reason he was not hired was not retaliatory, the person they hired was more qualified than plaintiff and plaintiff cannot establish that he was not hired because of his age. Defendants also argue that plaintiff cannot bring his retaliation claims under the because he did not file timely charges with the EEOC. For the following reasons, defendants' motion is granted in part and denied in part. 1 233 1 Plaintiff also brought a claim against defendant Hankin under Section 296 of the New York State Executive Law. Plaintiff voluntarily dismissed this claim against Hankin on July 13, 2007 by Stipulation filed with this Court The contentious history between these parties dates back many years and involves several prior litigations and arbitrations. Plaintiff was hired by in 1970 and worked in the Mathematics Department as an Assistant and later Associate Professor. (Def. R. 56.1 Stmt. \u00b6\u00b6 1, 7.) 2 He left that position in August 1999; the parties contest whether he resigned or retired. Plaintiff states he retired pursuant to New York's Early Retirement Option. (Pl. R. 56.1 Stmt. \u00b6 1.) Defendants state he resigned pursuant to a 1999 Settlement agreement between the parties. (Def. R. 56.1 Stmt. \u00b6 1.) The 2 2/21/25, 7:52 Shub v. Westchester Community College, 556 F. Supp. 2d 227 \| Casetext Search + Citator 2/44 events leading to the Settlement form the background for the contentious relationship. I. Plaintiff's First Amendment Activities at Plaintiff was a member of the teacher's union and served on the executive board in the early 1970's at a time when, he claims, the union had \"a very controversial and adversarial relationship with [Hankin]\" and opposed his reappointment as President of WCC. (Pl. R. 56.1 Stmt. \u00b6\u00b6 60-61.) In the 1980's plaintiff was still an active member of the union and participated in several public demonstrations with respect to ongoing contract negotiations. ( Id. \u00b6 62.) These demonstrations were covered by the media. ( Id.) Plaintiff also served as Chair of the Academics Committee of the Faculty senate. ( Id. \u00b6 63.) In the mid to late 1970's the Committee recommended that no credit be offered for a mathematics open enrollment course, a position with which Hankin disagreed. ( Id.) Hankin and plaintiff appeared before the Board of Trustees to present their opposing viewpoints; plaintiff presented documentation to show the course was the equivalent of a junior high school class. ( Id.) Plaintiff felt his relationship with Hankin \"turned sour after that time.\" ( Id.) Plaintiff pursued an issue with Hankin in the early 1980's involving \"inequitable treatment at whereby members of the English Department received the benefit of a four-day schedule but other departments were denied the same benefit.\" ( Id. \u00b6 64.) Also during the 1980's plaintiff 3 was an \"outspoken\" member of a committee that investigated whether Hankin inappropriately used Faculty Student Association funds in a preferential manner for events that would benefit only select faculty members. ( Id. \u00b6 65.) Plaintiff claims Hankin was the \"subject of extensive criticism in the Faculty Senate surrounding this highly publicized controversy.\" ( Id. \u00b6 66.) Plaintiff contends that after these activities he stopped receiving positive letters and other accolades from Hankin. ( Id. \u00b6 68.) 3 2/21/25, 7:52 Shub v. Westchester Community College, 556 F. Supp. 2d 227 \| Casetext Search + Citator 3/44 Prefers Charges Against Plaintiff In 1989 plaintiff was charged with conduct unbecoming a member of the staff based on allegations that he sexually harassed female students. (Def. R. 56.1 Stmt. \u00b6 8.) Pursuant to the Collective Bargaining Agreement (\"CBA\") between the union and Westchester County, a neutral arbitrator was appointed and determined that plaintiff did act in a manner unbecoming 234 a member of the faculty and should be suspended one semester without pay. ( Id. \u00b6 9; Poppick Decl., Ex. 5.) Plaintiff claims these charges were preferred in retaliation for his earlier First Amendment activities, and points out that the arbitrator felt that discharging plaintiff for his misconduct, as urged by Hankin, was excessive. (Pl. R. 56.1 Stmt. \u00b6\u00b6 8-9; Poppick Decl., Ex. 5.) 234 In July 1994 plaintiff was again charged with sexually harassing female students. (Def. R. 56.1 Stmt. \u00b6 10.) He was suspended from classroom teaching pending the outcome of the charges and was reassigned to several curriculum projects with no reduction in basic salary. ( Id.) During the course of the arbitration of these charges, plaintiff testified about Hankin's inappropriate use and written compilation of sexual jokes on or off campus. (Pl. R. 56.1 Stmt. \u00b6 71.) Also, during the arbitration testimony plaintiff's lawyer asked Louis Rotando, Chairman of the Mathematics 4 Department, about his sale of textbooks for large sums of money. ( Id. \u00b6 72; Berg Aff., Ex. 1 at 132 Ex. 3 at 184-85.) Plaintiff states his relationship with Rotando changed after that and Rotando became \"very cold\" to him. (Pl. R. 56.1 Stmt. \u00b6 73.) 4 2 2 Plaintiff states he raised a concern during this arbitration that Rotando inappropriately sold textbooks for large sums of money; he does not elaborate further on these allegations or whether there were any consequences or Rotando's reaction. (Pl. R. 56.1 Stmt. \u00b6 72.) Defendants state that Rotando sold the books pursuant to an invitation to all faculty from the bookstore director in 1993 to sell to the bookstore books for which they had no need. (Poppick Reply Decl. \u00b6 24, Ex. 22 at 162 Ex. 28.) In November 1994 plaintiff commenced an action in this Court alleging that defendants violated his First and Fourteenth Amendment rights by denying him procedural due process when he was suspended as a result of the 1994 2/21/25, 7:52 Shub v. Westchester Community College, 556 F. Supp. 2d 227 \| Casetext Search + Citator 4/44 charges. (Def. R. 56.1 Stmt. \u00b6 11); Shub v. Hankin, 869 F. Supp. 213 (S.D.N.Y. 1994). The court granted defendants' motion to dismiss, concluding that defendants did not violate procedural due process by acting pursuant to the CBA, notwithstanding plaintiff's claim of retaliation for exercising his rights of free speech and association. Shub, 869 F. Supp. at 220. The court additionally concluded that the impartiality of the arbitrator in the prior misconduct proceedings \"remove[d] any taint from the fact that Hankin has previously charged [plaintiff] with sexual harassment.\" Id. A. The Settlement Agreement The parties entered into a Settlement in 1999, in which agreed to withdraw with prejudice the charges against plaintiff and expunge the charges from his file in exchange for plaintiff's resignation from on or before August 31, 1999 and avoidance of contact with students between the date of the agreement and the resignation date. (Def. R. 56.1 Stmt. \u00b6\u00b6 13-14; 5 Poppick Decl., Ex. 9.) The Settlement also provided that if the State of New York offered an early retirement incentive in 1999 plaintiff could avail himself of the incentive at his discretion. (Def. R. 56.1 Stmt. \u00b6 14) Pursuant to the Settlement plaintiff provided with a general release and paid plaintiff $75,000 in salary to which he was entitled. ( Id.) In the general release, plaintiff released defendants from all actions, claims and demands that he \"ever had, now [has] or hereafter can, shall or may, have for, upon, or by reason of any matter, cause or thing whatsoever from the beginning of the world to the day of the date of this release.\" (Poppick Decl., Ex. 10.) 5 Plaintiff submitted to the County a written notice of intent to participate in the 1999 Early Retirement Incentive on August 9, 1999. (Pl. R. 56.1 Stmt. \u00b6 1; Berg Aff., Ex. 8). Hankin sent plaintiff a letter on September 7, 1999 congratulating him 235 on taking the Early Retirement, and again on October 19, 1999 notifying him that the Board of Trustees accepted his notice of retirement. (Berg Aff., Ex. 8) 235 B. Plaintiff's Return to At the time of the Settlement, plaintiff did not intend to return to after August 31, 1999 because he had accepted a position to teach at Norwalk Community College for the Fall 1999 semester. (Def. R. 56.1 Stmt. \u00b6 15; 2/21/25, 7:52 Shub v. Westchester Community College, 556 F. Supp. 2d 227 \| Casetext Search + Citator 5/44 Poppick Decl., Ex. 3, 59-60.). He understood that Hankin did not want him on the campus interacting with students. (Def. R. 56.1 Stmt. \u00b6 16.) Hankin agreed to settle the second charges against plaintiff because he believed that in exchange plaintiff would never return to to teach or interact with students. ( Id. \u00b6 18; Hankin Decl. \u00b6 9(f).) This, however, was clearly not plaintiff's understanding. Plaintiff thought he was not to come on campus and interact with students only during the time period specified in the Settlement, between July 23, 6 1999 and August 31, 1999. (Pl. R. 56.1 Stmt. \u00b6 16; Poppick Decl., Ex. 3 at 58-59.) 6 In fact, in November 1999, plaintiff applied to teach as an Adjunct at for the Spring 2000 semester. (Def. R. 56.1 Stmt. \u00b6 19.) Rotando received plaintiff's request and was unsure how to proceed because of the legal proceedings at the time; he testified that he may have sent copies to Mignogna, the academic dean and Hankin. (Pl. R. 56.1 Stmt. \u00b6 19; Berg Aff., Ex. 1 at 140-41.) Hankin was not sure how he received plaintiff's request to teach but he imagines that whoever received the request passed it along to him because the settlement and the issue of sexual harassment on the campus was \"fair knowledge.\" (Berg Aff., Ex. 4 at 52-53, 59.) He does not recall discussing plaintiff's request to teach or the prior sexual harassment allegations with Rotando or Raymond Mignogna, Associate Dean for the Division of Mathematics, but he probably discussed it with his cabinet and the county attorney's office. ( Id. at 56-57.) Hankin replied to plaintiff's request by letter dated December 2, 1999 stating that his request could not be honored because his \"retirement was a term of the settlement in an arbitration in which [he was] charged with `Conduct Unbecoming Member of the Staff.'\" (Def. R. 56.1 Stmt. \u00b6 19.) The union thereafter filed a grievance on plaintiff's behalf in January 2000. ( Id. \u00b6 20.) 3 3 Rotando knew that plaintiff had filed a grievance against the college because plaintiff told him he was going to file it; plaintiff also may have mentioned to Rotando at the time that there was a sexual harassment suit against him. (Berg Aff., Ex. 1 at 128-32.) While the grievance was pending, the County filed a proceeding in the Supreme Court of the State of New York, County of Westchester, seeking a declaration that the grievance was barred by the 1999 Settlement. ( Id. \u00b6 21.) 2/21/25, 7:52 Shub v. Westchester Community College, 556 F. Supp. 2d 227 \| Casetext Search + Citator 6/44 The County's petition was denied by the court on May 31, 2000, and the judge determined that the Settlement did not explicitly preclude plaintiff from consideration 7 for future employment at WCC. ( Id.) 7 4 4 The judge determined that, while it may have been the intention of the County and that plaintiff not have contact with students at ever again and was never to teach there again, the provisions of the agreement were \"clear and unequivocal\" and could not support that conclusion. (Poppick Decl., Ex. 12 at 3.) The judge also determined that plaintiff's departure from was a retirement and not a resignation, pursuant to the terms of the agreement which provided for an early retirement incentive of which plaintiff availed himself. ( Id. at 5.) In April 2002, an arbitrator sustained the union's grievance, determining that plaintiff qualified as a retiree under the and, therefore, was entitled to be considered for a position and back pay for the semesters declined to assign 236 courses to him. ( Id. \u00b6 22.) As a result paid plaintiff approximately $65,000 in back pay and assigned courses to him as an Adjunct beginning in the Fall 2002 semester. ( Id. \u00b6 23.) Because of plaintiff's retiree status he was put on a priority list to teach adjunct classes, pursuant to the CBA. (Pl. R. 56.1 Stmt. \u00b6 23.) 236 5 5 The \u00a7 3.9(f) provides: \"The procedure for establishing the priority list of persons eligible for adjunct employment shall be as follows: 1. In terms of seniority . . . c. All retired faculty . . . with 10 years of full time teaching or service.\" (Poppick Decl., Ex. 16.) Plaintiff taught statistics as an Adjunct during the Fall 2003 semester and the Spring and Fall 2004 semesters. ( Id.; Def. R. 56.1 Stmt. \u00b6 23.) He did not teach for the Fall, Spring and Summer 2005 semesters. (Def. R. 56.1 Stmt. \u00b6 23.) III. WCC's Need for an Adjunct Professor in February 2006 During the early part of the Spring 2006 semester was in need of an Adjunct to teach statistics because the professor teaching the class, Professor Mel Bienenfeld (\"Bienenfeld\"), took an unexpected leave of absence. ( Id. \u00b6 33.) On January 27, 2006, Sean Simpson (\"Simpson\"), 2/21/25, 7:52 Shub v. Westchester Community College, 556 F. Supp. 2d 227 \| Casetext Search + Citator 7/44 Assistant Chair and Adjunct Coordinator for the Mathematics Department, sent a memo, that 8 plaintiff received, stating that immediate coverage was needed for two statistics classes and one algebra class for the remainder of the semester. ( Id. \u00b6 34.) The memo explained that courses would be assigned according to priority under the and qualifications to teach the course. ( Id.) 8 A. The Applicants Plaintiff, Peter Mucci (\"Mucci\") and one other person, applied to teach the two statistics classes. ( Id. \u00b6 39.) At this time Mucci was thirty-seven years old and plaintiff was sixty-two years old. (Pl. R. 56.1 Stmt. \u00b6\u00b6 165-66.) Mucci was already teaching a section of the same statistics course that semester, having applied to teach as an Adjunct for the prior semester. (Def. R. 56.1 Stmt. \u00b6\u00b6 24, 39.) Mucci earned a Bachelor of Science degree, summa cum laude, in mechanical engineering from the State University of New York at Buffalo and a Master of Science degree in mechanical engineering from Ohio State University, where he was a teaching/research assistant and taught undergraduate courses that had mathematical content. ( Id. \u00b6 25.) His undergraduate and graduate school curriculums included several mathematics courses. ( Id.) Mucci also took graduate level courses in mathematics and pedagogy at City University of New York during 2002 and 2003, including a statistics course in which he received an \"A\" grade. ( Id. \u00b6 26.) He taught high school courses in New York City in algebra, geometry, probability and trigonometry from 2002 to 2004. ( Id. \u00b6 27.) He was employed by The Trane Company from 1994 to 1999 and General Electric Company (\"GE\") from 1999 to 2001 as a mechanical engineer; at he had training in statistical methodology and used math in his employment. ( Id. \u00b6 28.) Plaintiff earned a Bachelor of Science and a Master of Arts in Mathematics from New York University. (Pl. R. 56.1 Stmt. \u00b6 144.) Plaintiff took more courses in mathematics than Mucci. ( Id. 9 \u00b6\u00b6 145-46.) Plaintiff was also certified to teach mathematics 237 at the high school level. ( Id. \u00b6 147.) All in all, plaintiff had approximately thirty years of full-time teaching experience plus four years of adjunct teaching experience. ( Id. \u00b6 152.) 9 6 237 2/21/25, 7:52 Shub v. Westchester Community College, 556 F. Supp. 2d 227 \| Casetext Search + Citator 8/44 6 Plaintiff had 42 credits at the undergraduate level compared to Mucci's 26, and 36 at the graduate level compared to Mucci's 9. The number of credits are the numbers plaintiff submitted in his Rule 56.1 Statement. However, in examining Mucci's transcripts the court finds he has 15 graduate credits in math; specifically the classes include \"Tch Corctv Sec Math\" (3), \"Tchg Math Sec Sch\" (3), \"Mathematical Stats\" (3), \"Enrich Tch Sec Math\" (3), and \"Prb Solv Strat Math\" (3). (Berg Aff., Ex. 13.) Mucci took numerous engineering courses for both his degrees in mechanical engineering which had mathematical content as well. Mucci interviewed for a position to teach at with Joyce McQuade (\"McQuade\"), the Adjunct Coordinator at the time, during the summer of 2005. (Def. R. 56.1 Stmt. \u00b6 29; McQuade Decl. \u00b6 2; Mucci Decl. \u00b6 6.) He provided her with a copy of his resume, his transcripts and the application and background data check forms. (McQuade Decl. \u00b6 2; Mucci Decl. \u00b6 6.) Mucci was hired as an Adjunct in the Mathematics Department for the Fall 2005 semester. (Def. R. 56.1 Stmt. \u00b6 29.) During the Fall 2005 semester McQuade told Rotando that Mucci had the qualifications to teach statistics, she thought highly of him and he should be considered for teaching that course. ( Id. \u00b6 30; McQuade Decl. \u00b6 4; Rotando Decl. \u00b6 2.) Rotando reviewed Mucci's resume and transcripts, spoke with Mucci about the work he did for that involved statistics and was impressed with him. (Def. R. 56.1 Stmt. \u00b6 31; Rotando Decl. \u00b6 3; Poppick Reply Decl. \u00b6 6.) Mucci was re-hired to teach for the Spring 2006 semester and was assigned the statistics course before anyone knew there would be a need for additional coverage for other sections due to a professor's emergency leave of absence. (Def. R. 56.1 Stmt. \u00b6 32; Poppick Reply Decl. \u00b6 5.) 10 7 10 7 Mucci testified that he remembered this conversation with Rotando. (Poppick Reply Decl., Ex. 24 at 41.) Plaintiff believed that he was entitled to priority for the position under the as a \"retiree,\" even though he did not teach for three consecutive semesters during 2005. (Def. R. 56.1 Stmt. \u00b6 41.) In addition to the clause regarding the priority list for Adjuncts, section 3.9(f)(3) of the provides that \"[t]hose adjunct faculty who choose not to teach at all for three consecutive semesters (including summer) will be removed from the 2/21/25, 7:52 Shub v. Westchester Community College, 556 F. Supp. 2d 227 \| Casetext Search + Citator 9/44 priority list.\" (Poppick Decl., Ex. 16.) Plaintiff, however, believed that retirees were in a different category. (Def. R. 56.1 Stmt. \u00b6 41.) B. Defendants' Decision After Simpson heard from plaintiff, Mucci and the other applicant, he told Rotando and Mignogna the names of the interested candidates. (Simpson Decl. \u00b6 3.) Mignogna asked Simpson if plaintiff had taught in the last three semesters. (Berg Aff., Ex. 6 at 52-53.) During a second conversation Simpson told Mignogna that plaintiff had not taught in the last three semesters and Mignogna then told Simpson that plaintiff was therefore not on the priority list. ( Id.) Simpson told Mignogna that he preferred Mucci because Mucci was already teaching a section of the same course. ( Id.; Simpson Decl. \u00b6 4.) Rotando and Mignogna thought that since plaintiff had not taught for three consecutive semesters in 2005 he was not automatically entitled to teach the courses based on priority. (Def. R. 56.1 Stmt. \u00b6 42; Mignogna Decl. \u00b6 3; Rotando Decl. \u00b6\u00b6 5-6.) To confirm this, Mignogna asked Marjorie Glusker, Vice President and Dean of Continuing Education, whether an Adjunct who had not taught for three consecutive semesters was on the priority list. (Def. R. 56.1 Stmt. \u00b6 43; 11 Mignogna Decl. \u00b6 5; Glusker Decl. \u00b6 2.) 238 He also wanted to check whether or not the county executive orders regarding background checks would impact the college's hiring decision. (Berg Aff., Ex. 2 at 33.) Glusker asked labor relations specialist Michael Wittenberg the question Mignogna posed to her about the priority list and Wittenberg responded that the Adjunct was eligible to teach but was not on the priority list. (Def. R. 56.1 Stmt. \u00b6 44; Glusker Decl. \u00b6 3; Wittenberg Decl. \u00b6\u00b6 2-3.) Glusker conveyed this to Mignogna who conveyed the information to Rotando. (Def. R. 56.1 Stmt. \u00b6 44; Glusker Decl. \u00b6 3; Mignogna Decl. \u00b6\u00b6 6-7; Rotando Decl. \u00b6 6.) Rotando told Mignogna he wanted to hire Mucci and Mignogna said he could hire whomever he preferred. (Mignogna Decl. \u00b6 7; Rotando Decl. \u00b6 6.) Simpson was told by Rotando or Mignogna to tell Mucci he was selected to teach the statistics classes and to tell plaintiff that he was not. (Simpson Decl. \u00b6 5.) Mucci was then hired to teach the two statistics classes. (Def. R. 56.1 Stmt. \u00b6 45.) 8 11 9 238 10 11 2/21/25, 7:52 Shub v. Westchester Community College, 556 F. Supp. 2d 227 \| Casetext Search + Citator 10/44 8 This did not mean, however, that he was precluded from the position, just that he was not automatically entitled to it. (Pl. R. 56.1 Stmt. \u00b6 40.) 9 Plaintiff denies this, claiming that Mignogna testified at his deposition that he mentioned plaintiff to Glusker but that Glusker claimed she did not recall plaintiff being mentioned. (Pl. R. 56.1 Stmt. \u00b6 43.) However, there is no contradiction in Mignogna's and Glusker's testimony. Mignogna stated he mentioned plaintiff but Glusker testified that she did not recall that; she did not deny it. It is understandable that she would not recall plaintiff's name because she also testified that she did not know plaintiff when he taught at WCC. (Poppick Reply Decl. \u00b6 14.) 10 At this time, Mignogna was aware generally that plaintiff had been involved in various arbitrations and litigation with the college and Hankin but he did not know specifics. (Berg Aff., Ex. 2 at 33.) He did not know that Hankin and the college wanted a complete separation from plaintiff. ( Id. at 34.) 11 Plaintiff points out that at Mignogna's deposition, Mignogna could not remember who told him he wanted to hire Mucci, Rotando or Simpson, but that the determination was made between Rotando and Simpson subject to Mignogna's approval, and when Mignogna heard they wanted to hire Mucci, Mignogna agreed. (Berg Aff., Ex 2 at 57.) Rotando states that he hired Mucci because Mucci was already teaching a section of the same statistics course, graduated summa cum laude, received an \"A\" in a graduate statistics course, taught 12 undergraduate engineering courses with mathematical content, had training in statistics at and received a favorable recommendation from McQuade. (Def. R. 56.1 Stmt. \u00b6 46; Rotando Decl. \u00b6\u00b6 3, 5, 8.) Additionally, although Mucci did not have a mathematics degree, his undergraduate and graduate course-work included courses in mathematics and applied mathematics. (Poppick Reply Decl., Ex. 22 at 166.) Hankin was not consulted nor did he participate in the decision made in February 2006 to hire Mucci instead of plaintiff. (Def. R. 56.1 Stmt. \u00b6 48; Hankin Decl. \u00b6\u00b6 3, 7; Mignogna Decl. \u00b6 10; Rotando Decl. \u00b6 6.) Rotando and Mignogna did discuss whether to hire Mucci or plaintiff. Rotando told Mignogna that since they were not obligated to hire plaintiff because he was no longer on the priority list, he thought Mucci was the better choice and Mignogna agreed because Mucci was currently teaching the course and had an outstanding record and Mucci would not need a background check as 12 2/21/25, 7:52 Shub v. Westchester Community College, 556 F. Supp. 2d 227 \| Casetext Search + Citator 11/44 plaintiff would, and they needed coverage for the class quickly. (Berg Aff., Ex. 2 at 55-56.) 239 12 239 12 The background check was required for all new hires and plaintiff would have needed one. Mignogna stated that he thought the process took several weeks and therefore plaintiff would not be cleared in time. (Mignogna Decl. \u00b6 11.) According to a 2005 email from the Director of Human Resources, sent to Hankin, Glusker and Mignogna among others, the results of the background checks should be available within 72 hours of the fingerprinting date. (Berg Aff., Ex. 16.) Glusker testified that she could grant an emergency waiver for the background check if the hiring administrator could not \"get anybody else to do [the] job who has already been through the process.\" (Berg Aff., Ex. 5 at 31.) At his deposition, Rotando stated he did not compare plaintiff and Mucci directly, and he had not seen plaintiff's academic record in years. (Pl. R. 56.1 Stmt. \u00b6 25; Berg Aff., Ex. 1 at 153.) He knew, however, that plaintiff had taught this statistics course previously for many years. (Pl. R. 56.1 Stmt. \u00b6 151; Berg Aff., Ex. 1 at 71.) He testified that he compared Mucci and plaintiff in a general way because he recalled plaintiff's graduate work and compared it to Mucci's recent graduate 13 courses and Mucci's industrial statistical experience; he felt Mucci was \"a good person to try.\" (Poppick Reply Decl., Ex. 22 at 152.) Mignogna testified that he had never reviewed plaintiff's resume, however he did not question plaintiff's qualifications. (Pl. R. 56.1 Stmt. \u00b6 25; Berg Aff., Ex. 2 at 88-89.) Simpson testified that he did not know anything about plaintiff's background in terms of his education or experience. (Pl. R. 56.1 Stmt. \u00b6 25; Berg Aff., Ex. 6 at 37.) He also stated that when considering an applicant for an adjunct position the first thing he considers is the applicant's math degree or background. (Pl. R. 56.1 Stmt. \u00b6 148.) 13 C. Defendants Inform Plaintiff of Their Decision On February 7, 2006 Plaintiff received a message from Simpson that he was not hired because the college hired someone else who was on the priority list. (Pl. R. 56.1 Stmt. \u00b6 115.) Plaintiff states that when he spoke with Rotando about the decision on February 10, 2006, Rotando told him that he was removed from the priortity list and that decision was made higher up 13 2/21/25, 7:52 Shub v. Westchester Community College, 556 F. Supp. 2d 227 \| Casetext Search + Citator 12/44 and he should speak with Mignogna. ( Id. \u00b6 45; Berg Aff., Ex. 1 at 107 Ex. 3 at 105.) Mignogna left plaintiff a message on February 11, 2006 stating that whether Mucci had taught the class before was \"irrelevant\" because the issue was the priority list and the background check. (Pl. R. 56.1 Stmt. \u00b6 30; Berg Aff., Ex. 3 at 104-05.) He also said that plaintiff was not on the priority list and that plaintiff could argue the point with the people above him but those were the instructions he got. 14 (Berg Aff., Ex. 15.) Plaintiff had an in- person meeting to discuss the hiring decision with Mignogna on February 15, 2006, and Mignogna told him that the decision \"was made at the highest level of the college administration.\" ( Id., Ex. 2 at 114-16.) Mignogna later explained that by this comment he meant that he was following the background check directive and the only person he was referring to as higher up in the administration was his superior, Glusker. ( Id.) In plaintiff's recounting of the conversation he stated that Mignogna told him he was removed from the priority list and that decision came from higher up; he also told plaintiff there was no check of his qualifications and that Mucci was hired because 240 he did not need to go through a background check but plaintiff did. ( Id., Ex. 3 at 107, 109 Ex. 11.) At Mignogna's deposition he said it was his view that plaintiff did not get the position because he would have had to go through a background check, based on the instructions he received from higher up regarding the background check directive. (Pl. R. 56.1 Stmt. \u00b6 129; Berg Aff., Ex. 2 at 114-15.) 15 14 14 15 16 240 17 15 13 However, Mucci was not on the priority list. (Berg Aff., Ex. 2 at 52.) 14 At Rotando's deposition he did not recall saying anything to plaintiff other than plaintiff was not on the priority list and they weren't hiring him. (Berg Aff., Ex. 1 at 107.) 15 At Mignogna's deposition, Mignogna clarified that he meant plaintiff could argue the point about whether he was still on the priority list with Glusker because Glusker agreed with Mignogna about the interpretation of the contract. (Berg Aff., Ex. 2 at 105-06.) 16 At Mignogna's deposition he did not recall using the words \"at the highest level of the college administration.\" (Berg Aff., Ex. 2 at 114.) He did confirm that plaintiff sent him a letter memorializing their conversation shortly after it happened, this phrase appeared in that letter and at the time he 2/21/25, 7:52 Shub v. Westchester Community College, 556 F. Supp. 2d 227 \| Casetext Search + Citator 13/44 received that letter it \"seemed a reasonable description of what [they] had talked about.\" ( Id. at 110-11 Ex. 11.) Plaintiff points out that the highest level of administration is Hankin, as Mignogna acknowledged at his deposition. (Pl. R. 56.1 Stmt. \u00b6 45; Berg Aff., Ex. 2 at 116-17.) 17 In his Declaration, Mignogna states that Rotando never gave this as a reason why he preferred Mucci to plaintiff; the reason occurred to Mignogna and that is why he shared it with plaintiff. (Mignogna Decl. \u00b6 11.) IV. Events After the Spring 2006 Semester Mucci taught the statistics courses in the Spring of 2006 but neither he nor plaintiff sought a teaching assignment for the Summer 2006. (Def. R. 56.1 Stmt. \u00b6 49.) The professor who left in the Spring returned to teach the statistics course during the Fall 2006. ( Id.) Plaintiff applied to teach as an Adjunct for the Fall 2006 and Spring, Summer and Fall 2007 semesters. (Pl. R. 56.1 Stmt. \u00b6\u00b6 161-62.) Plaintiff was not hired to teach any courses in the Fall 2006 or in any subsequent semester. ( Id. \u00b6 163.) Rotando testified that it was his decision not to hire plaintiff for these semesters and he made that determination because there was a \"suit pending against [WCC] and [he] just didn't know how to proceed after that.\" (Berg Aff., Ex. 1 at 116.) Mignogna also testified that he saw plaintiff's requests to teach and instructed Simpson not to respond because he was unsure of the status of the grievance and the lawsuit and he knew there was \"another action of some sort.\" ( Id., Ex. 2 at 131-32.) Plaintiff had since filed charges and this action. Hankin also saw the letters plaintiff submitted requesting a position for Fall 2006 and 2007; he is not sure who passed them on to him, and he did not discuss them with anyone or indicate how anyone should respond to them. ( Id., Ex. 4 at 28-30.) The union commenced a grievance on plaintiff's behalf against in March 2006 as a result of the decision to hire Mucci instead of him. (Def. R. 56.1 Stmt. \u00b6 50.) The grievance sought to resolve whether plaintiff was entitled to priority as a retiree or whether, pursuant to \u00a7 3.9(f)(3), he was no longer on the priority list because he had not taught for three consecutive semesters. ( Id.) When Hankin was informed of the grievance by the union he emailed Mignogna and asked if there was precedent for the decision not to hire an 2/21/25, 7:52 Shub v. Westchester Community College, 556 F. Supp. 2d 227 \| Casetext Search + Citator 14/44 adjunct who had not taught for three consecutive 16 semesters. (Mignogna Decl. \u00b6 10.) Mignogna provided two examples where the same decision was made in the past within the Mathematics department. ( Id.; Berg Aff., Ex. 25.) Those two individuals were also retirees; one was in his sixties and the other \"may have been as old as 70.\" (Pl. R. 56.1 Stmt. \u00b6 168; Berg Aff., Ex. 4 at 38.) When one of these individuals applied to teach after missing three semesters in a row, Rotando followed the same procedure he did with plaintiff: he spoke with Mignogna, who told him the professor was not on the priority list and Rotando was under no obligation to rehire him. (Pl. R. 56.1 Stmt. \u00b6 169; Berg Aff., Ex. 1 at 44.) 16 Plaintiff filed a claim of age discrimination against with the in June 2006, and requested a right to sue letter from the in July 2006. (Def. R. 56.1 Stmt. \u00b6 51.) In June 2006 plaintiff commenced a proceeding in the Supreme Court of the State of New York, County of Westchester, seeking to nullify the decision by to deny plaintiff's application to teach in February 2006. ( Id. \u00b6 52.) 241 This proceeding was dismissed by an Order dated September 20, 2006 because plaintiff failed to exhaust his administrative remedies under the CBA, since the union's grievance was still pending. ( Id.) Plaintiff filed an appeal of that Order, which is pending. ( Id.) 241 18 18 Since the filing of this motion and the union stipulated on September 20, 2007 that adjunct faculty, which includes retirees, shall be removed from the priority list if they do not teach three consecutive semesters. (Wittenberg Decl. Sept. 20, 2007, Ex. A.) Defendants argue in their Motion papers that plaintiff is attempting to litigate what is essentially \"a contract dispute in the guise of a civil rights suit\" because plaintiff's claim arises from the disputed interpretation of the CBA. (Def. Mem. Supp. Summ. J. at 14.) If it were the case that removal from the priority list precluded plaintiff from teaching then this would certainly be a matter of contract interpretation. However, removal from the list just meant that plaintiff did not have priority; he could still be considered for the Adjunct position. Therefore, the issue here is whether defendants' decision to hire Mucci over plaintiff violated plaintiff's civil rights, not whether plaintiff was incorrectly removed from the priority list in violation of the CBA. This is a civil rights claim. 2/21/25, 7:52 Shub v. Westchester Community College, 556 F. Supp. 2d 227 \| Casetext Search + Citator 15/44 Plaintiff commenced this action on October 12, 2006. ( Id. \u00b6 53.) Plaintiff alleges that 17 Hankin denied his application for an Adjunct position in February 2006 in retaliation for plaintiff having filed the previous civil rights action, for having exposed Hankin's gender discriminatory conduct on campus and for having expressed his opinion that Hankin had misappropriated funds. (Complt. \u00b6 22.) He also alleges that he was discriminated against by reason of his age because Mucci was younger, less experienced and less qualified. ( Id. \u00b6\u00b6 23, 25.) Finally, he alleges that Hankin rejected his application to teach as an Adjunct during the Fall 2006 semester in retaliation for plaintiff having filed the age discrimination charges with the EEOC. ( Id. \u00b6 24.) 17 I. Standard of Review Summary judgment is appropriate when there is no genuine issue of material fact and one party is entitled to judgment as a matter of law. See 56(c); Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247-50 (1986). The burden is on the movant to demonstrate the absence of a genuine issue of material fact. Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986). In deciding whether to grant summary judgment, the Court resolves all ambiguities and draws all permissible factual inferences in favor of the non-moving party. See Anderson, 477 U.S. at 255. Applying the summary judgment standard in an employment discrimination case can be difficult because such cases \"necessarily turn on the intent of the alleged discriminator, and plaintiffs will rarely uncover direct evidence of discriminatory intent.\" O'Sullivan v. N.Y. Times, 37 F. Supp. 2d 307, 314 (S.D.N.Y. 1999). Nevertheless, to survive summary judgment an employment discrimination plaintiff must present more than \"conclusory allegations of discrimination; . . . he must offer concrete particulars to substantiate [his] claim.\" Id. (internal quotation marks and 18 citations omitted; brackets in original). In other words, the plaintiff must \"produce not simply `some' evidence, but `sufficient evidence to support a rational finding that the legitimate, nondiscriminatory reasons proffered by the employer were false, and that more likely than not discrimination was the real reason'\" for the employment action. Van Zant v Royal Dutch Airlines, 80 F.3d 708, 714 18 2/21/25, 7:52 Shub v. Westchester Community College, 556 F. Supp. 2d 227 \| Casetext Search + Citator 16/44 (2d Cir. 1996) (quoting Woroski v. Nashua Corp., 31 F.3d 105, 110 (2d Cir. 1994)) (internal brackets omitted). The 242 plaintiff must show a genuine issue of material fact as to both the veracity of defendants' stated reasons for promoting another person over the plaintiff, and whether it is more likely that a discriminatory motive played a role in that decision. See Gallo v. Prudential Residential Servs., L.P., 22 F.3d 1219, 1225 (2d Cir. 1994). 242 II. Plaintiff's First Amendment Retaliation Claim A. Plaintiff's First Amendment Claim is Not Barred by the Settlement Release or the Statute of Limitations Defendants argue that all claims based on events that occurred before August 2, 1999 are precluded by the 1999 release plaintiff signed in connection with the Settlement. (Def. Mem. Supp. Summ. J. at 15.) Plaintiff counters that the release only bars him from recovering damages for acts prior to the date of the release, July 23, 1999, and that the events upon which the current suit is based all occurred since February 2006 (when the decision was made not to hire him). (Pl. Mem. Opp. Summ. J. at 26 general release is a release that covers `all claims and demands due at the time of its execution.'\" Melwani v. Jain, 2004 936814, at 6 (S.D.N.Y. Apr. 29, 2004) (quoting Kaul v. Hanover Direct, Inc., 296 F. Supp. 2d 507, 517 (S.D.N.Y. 2004)); see Cont'l Cas. Co. v. Tillotson, 19 1984 676, at 2-3 (S.D.N.Y. Aug. 3, 1984). Here, plaintiff provided defendants with a release of all claims that he \"ever had, now [has] or hereafter can, shall or may, have for, upon, or by reason of any matter, cause or thing whatsoever from the beginning of the world to the day of the date of this release.\" This is the very definition of a general release. The release is also referred to as a \"general release\" by the parties in the 1999 Settlement. (Poppick Decl, Ex. 9 \u00b6 4.) Therefore, plaintiff is barred from bringing claims against defendants based on defendants' actions prior to the signing of the release in July 1999. If defendants had denied plaintiff a position at prior to the date of the release and plaintiff's an action were based on that denial, it would be barred by the release. Plaintiff's current claims, however, are based on defendants' actions in February 2006 and thereafter. Plaintiff did not release defendants 19 2/21/25, 7:52 Shub v. Westchester Community College, 556 F. Supp. 2d 227 \| Casetext Search + Citator 17/44 from liability for actions they would take after the date of the signing of the release. Although plaintiff relies on events prior to 1999 to establish a background for defendants' retaliatory intentions and conduct, the general release does not prohibit him from doing such. Therefore, this action is not barred by the release. Defendants next argue that the statute of limitations period for First Amendment claims is three years, and therefore since plaintiff commenced the action in October 2006 all claims based on events prior to October 2003 are time-barred. (Def. Mem. Supp. Summ. J. at 15.) They argue that the only event at issue after October 2003 was Rotando's decision in February 2006 not to hire plaintiff, and there is no evidence that Rotando's decision implicated a violation of plaintiff's First Amendment rights and Hankin did not play a role in the decision at all. ( Id. at 15-16.) Plaintiff argues that he is not precluded from relying on events prior to the three-year statute of limitations period to establish background evidence of defendants' unlawful motives and intent. (Pl. Mem. Opp. Summ. J. at 26.) 20 20 The parties do not dispute that the claim is governed by a three-year statute of limitations. See Malley v. Fernandez, 1992 204359, at 3 (S.D.N.Y. Aug. 10, 1992). Under federal law the claim accrues once the plaintiff knows or has reason to know of the injury that 243 forms the basis of the action. Donovan v. Inc. Vill. of Malverne, 2008 479994, at 5 (E.D.N.Y. Feb. 19, 2008). In this action the injuries for which plaintiff seeks relief occurred in February 2006 and after. This claim was brought within three years of February 2006. The statute of limitations does not bar plaintiff from relying on events prior to February 2006 to establish defendants' retaliatory intent. See Jute v. Hamilton Sundstrand Corp., 420 F.3d 166, 176 (2d Cir. 2005) (determining that relevant background evidence, such as statements by the person who made earlier decisions typifying the retaliation involved, may be considered to assess liability for the timely alleged act). Defendants argue that reliance on Jute is inapposite because it did not involve a release of claims like the one signed by plaintiff. (Def. Reply Mem. Supp. Summ. J. at 4.) However, as already discussed, the release does not preclude plaintiff's reliance on events prior to July 1999 as background evidence of retaliatory motive for defendants' actions since July 1999; it simply released defendants 243 2/21/25, 7:52 Shub v. Westchester Community College, 556 F. Supp. 2d 227 \| Casetext Search + Citator 18/44 of liability for claims arising from the events up to July 1999. Therefore, plaintiff's First Amendment claim is timely. B. Plaintiff Does Not Satisfy the Elements of a First Amendment Claim \"[A] public employee does not relinquish First Amendment rights to comment on matters of public interest by virtue of government employment.\" Connick v. Myers, 461 U.S. 138, 140 (1983) (citing Pickering v. Bd. of Educ., 391 U.S. 563, 568 (1968)). To establish a violation of those rights, a government-employee plaintiff \"must initially demonstrate by a preponderance of the 21 evidence that: (1) his speech was constitutionally protected, (2) he suffered an adverse employment decision, and (3) a causal connection exists between his speech and the adverse employment determination against him.\" Hale v. Mann, 219 F.3d 61, 70 (2d Cir. 2000) (internal quotation marks and citation omitted). To establish a causal connection, a plaintiff must demonstrate that the speech was a substantial or motivating factor for the adverse employment action. See Burkybile v. Bd. of Educ. of Hastings-On-Hudson Union Free Sch. Dist., 411 F.3d 306, 313 (2d Cir. 2005) (citing Morris v. Lindau, 196 F.3d 102, 110 (2d Cir. 1999)). 21 1. Constitutionally Protected Speech Defendants argue that plaintiff's speech is not constitutionally protected because it does not touch on matters of public concern and was not motivated by a desire to further or protect the public interest. (Def. Mem. Supp. Summ. J. at 19.) Specifically, they argue that plaintiff's speech concerned \"job-related events, his dissatisfaction with internal employment decisions concerning him, personal conflicts with Hankin and [plaintiff's] personal motivation and interest in being rehired as an Adjunct.\" ( Id.) Plaintiff argues that the matters he spoke about \"touched upon matters of manifest public concern\" and he was \"associated with and served in a leadership position of his union.\" (Pl. Mem. Opp. Summ at 9.) Specifically, he served as an active member of the teacher's union, participated in demonstrations that were the subject of publicity in the media, served as Chair of the Academics Committee when the Committee was investigating whether low-level open enrollment courses should be given for credit, pursued an issue involving inequitable treatment of faculty at WCC, was an 2/21/25, 7:52 Shub v. Westchester Community College, 556 F. Supp. 2d 227 \| Casetext Search + Citator 19/44 outspoken member of a committee which investigated Hankin's alleged inappropriate use of funds from the Faculty Student Association and testified at his disciplinary 22 hearing about Hankin's inappropriate use and 244 written compilation of sexual jokes on and off campus. ( Id. at 7-9.) 22 244 \"[A] federal court is not the appropriate forum in which to review the wisdom of a personnel decision taken by a public agency allegedly in reaction to the employee's behavior . . . when a public employee speaks not as a citizen upon matters of public concern, but instead as an employee upon matters only of personal interest.\" Connick, 461 U.S. at 147-48 (determining plaintiff's questionnaire soliciting the views of her fellow staff members concerning office transfer policy, office morale, the need for a grievance committee, the level of confidence in supervisors, and whether employees felt pressured to work in political campaigns were not questions of public import nor did they seek to bring to light breach of public trust). \"The Court determines as a matter of law whether the speech at issue touches a matter of public concern by examining its `content, form, and context . . . as revealed by the whole record.'\" Harris v. Merwin, 901 F. Supp. 509, 512 (N.D.N.Y. 1995) (quoting Connick, 461 U.S. at 147-48 n. 7) (alterations in orignal); see Pappas v. Giuliani, 290 F.3d 143 (2d Cir. 2002). Personal concerns do not become matters of public interest simply because they are publicized in the media. See Luck v. Mazzone, 52 F.3d 475, 477 (2d Cir. 1995) (finding employees complaint about lack of air conditioning at her place of employment was essentially a private complaint despite fact that complaint was aired as a news item on a radio station); Harris, 901 F. Supp. at 514 (concluding that local press's decision to publish an article about the issue on which plaintiff spoke does not demonstrate that his speech touched upon matters of public concern). \"[W]hen public employees make statements pursuant to their official duties, the employees are not speaking as citizens for First Amendment purposes, and the Constitution does not insulate 23 their communications from employer discipline.\" Garcetti v. Ceballos, 547 U.S. 410, 421-22 (2006) (determining plaintiff \"did not speak as a citizen by writing a memo that addressed the proper disposition of a pending criminal case\"; rather he \"performed the tasks he was paid to perform\"). In Harris, a professor spoke out about the appointment of an individual without \"academic rank\" to the 23 2/21/25, 7:52 Shub v. Westchester Community College, 556 F. Supp. 2d 227 \| Casetext Search + Citator 20/44 chairmanship of his department. 901 F. Supp. at 511. The court held that the speech concerned a \"personal grievance by a disgruntled public employee that Second Circuit courts have refused to characterize as speech protected by the First Amendment.\" Id. at 513. The court went on to state that plaintiff did not allege, and there was no evidence to suggest, that he spoke out about any wrongdoing, fraud, or abuse on the part of college that the general community would consider important. Id. Plaintiff cites Rao v. New York City Health and Hospital Corp., 905 F. Supp. 1236 (S.D.N.Y. 1995), and Rookard v. Health and Hospitals Corp., 710 F.2d 41 (2d Cir. 1983), in support of his assertion that his speech touched matters of public concern. In Rao, the plaintiff spoke out about deficiencies in a contractor's performance on an important public project for his employer and alleged extortion attempts by a community group the employer used. 905 F. Supp. at 1243. The court determined the plaintiff's primary intent in writing and making verbal complaints was not to further his own professional development, but to make his superiors aware of problems in the management of a major city project and of perceived extortion attempts. Id. Therefore, his speech was protected. Id. In Rookard, plaintiff brought to her superiors' attention corrupt and wasteful practices at the municipal hospital where she was employed, including: 245 the use of unlicensed nurses employed by outside commercial agencies in violation of state rules and regulations; abuse of the hospital's sign-in procedures; the failure to keep records for agency nurses and therefore the 24 inaccuracy of bills submitted by agencies; the overpayment of nurses who worked overlapping, consecutive shifts; the use of a single agency for hiring nurses; the lack of proper credentials for agency nurses and improper documentation of the immigration status of some of the nurses. 710 F.2d at 43-44. The court determined that \"[a]n allegation of corrupt and wasteful practices at a large municipal hospital, made to the city official empowered to investigate such charges, obviously involves a matter of public concern.\" Id. at 46. 245 24 On the record before us, plaintiff's speech consisted of job-related opinions and ideas that did not implicate matters of public concern. Like the plaintiff in Garcetti, plaintiff was speaking pursuant to his employment responsibilities as Chair of the Academics Committee when he challenged Hankin on the issue of course credits. When plaintiff pursued issues 19 2/21/25, 7:52 Shub v. Westchester Community College, 556 F. Supp. 2d 227 \| Casetext Search + Citator 21/44 involving inequitable treatment of faculty or preferential use of funds for faculty and inappropriate sexual jokes by the college President, he was speaking as an employee at concerned about internal affairs at the college. Plaintiff offers no evidence that these were matters of public concern or that plaintiff was driven by a desire to protect the public. He does not provide evidence that the inequitable treatment of faculty had any impact beyond the faculty members involved, and the inequitable treatment concerned merely the fact that some faculty were not required to teach night courses while others were. These types of scheduling issues are internal employment concerns and do not affect or concern the public. Additionally, plaintiff does not allege that Hankin misappropriated or misused public funds. At the time Hankin was investigated for misappropriating 25 funds, the funds were those of the Faculty Student Association and Hankin allegedly used them in a preferential manner among the faculty. Plaintiff offers no evidence why this was a matter that would concern the public or why the pursuit of the investigation was motivated by a desire to protect the public or public funding. Plaintiff simply disagrees with the way in which Hankin chose to allocate WCC's limited resources. Merely because a school is funded by public money does not make every issue at that school a matter for public concern. See Connick, 461 U.S. 149. Finally, allegations of sexual harassment or discrimination by the administration at may well be matters of public concern. However, based on the content, form, and context of plaintiff's speech concerning Hankin's inappropriate use of sexual jokes, plaintiff's speech was not a matter of public concern. Plaintiff addressed the issue during his testimony at the arbitration for his alleged sexual harassment of students; he offers no evidence that he pursued the issue in any manner beyond that in an attempt to protect the college or the public. Nor does he offer any evidence as to how or why the jokes would constitute harassment or discrimination in the administration of the 246 college. For these reasons, this speech is not protected. 20 25 21 246 19 Plaintiff did not support the decision to give college credit for a math course that he felt was essentially a \"sixth grade mathematics\" course. (Berg Aff., Ex. 3 at 68-69.) 2/21/25, 7:52 Shub v. Westchester Community College, 556 F. Supp. 2d 227 \| Casetext Search + Citator 22/44 20 Plaintiff requested that the math department get the same \"privileges as the English department.\" (Berg Aff., Ex. 3 at 70-71.) 21 Examining the context of plaintiff's statements, plaintiff made the accusations in a private forum, which was dealing with an unrelated issue. This undermines any claim that he was motivated by a desire to protect the public. 2. Union Activities We now consider whether plaintiff's union activities are protected. Retaliation against public employees solely for their union activities violates the First Amendment. See Clue v. Johnson, 179 F.3d 57, 60 (2d Cir. 1999); see also Scott v. Goodman, 961 F. Supp. 424, 435 (E.D.N.Y. 1997). The Second Circuit has said that even activities related to intra-union disputes can involve a matter of 26 public concern. Clue, 179 F.3d at 61. Because plaintiff was an active member of the union, his union activities during the 1970's and 1980's are protected by the First Amendment. We must therefore determine whether there is a causal connection between these protected activities and the adverse employment action; for there is no dispute that plaintiff suffered an adverse employment action when did not hire him. See Morris, 196 F.3d at 110 (\"Adverse employment actions include discharge, refusal to hire, refusal to promote, demotion, reduction in pay, and reprimand.\"). 26 22 22 Plaintiff states he was an active member of the union in the 1970's and 1980's, he does not identify the specific years. (Pl. R. 56.1 Stmt. \u00b6\u00b6 60, 62; Berg Aff., Ex. 3 at 116-17.) 3. Causal Connection Between Speech and Adverse Employment Action \"In this Circuit, a plaintiff can indirectly establish a causal connection to support a discrimination or retaliation claim by showing that the protected activity was closely followed in time by the adverse [employment] action.\" Gorman-Bakos v. Cornell Co-op Extension of Schenectady County, 252 F.3d 545, 554 (2d Cir. 2001) (internal quotation marks and citation omitted; alteration in original). There is no bright line beyond which a temporal relationship is too attenuated to establish a retaliatory motive for adverse employment action, however this Circuit has found that even a year is too long. See 2/21/25, 7:52 Shub v. Westchester Community College, 556 F. Supp. 2d 227 \| Casetext Search + Citator 23/44 Burkybile, 411 F.3d at 314 (determining plaintiff failed to establish third element of causal nexus because more than a year passed between the protected activity and the adverse employment action); Deravin v. Kerik, 2007 1029895, at 11 (S.D.N.Y. Apr. 2, 2007) (concluding that period of about three years between the protected activity and the first adverse action was \"too long to constitute the type of `very close' temporal proximity that can indirectly show the causal connection required to establish a prima facie case of retaliation\"). Surely 27 then a gap of approximately twenty years is too attenuated to establish by itself a causal connection between plaintiff's protected union activities in the 1980's and the decision in 2006 not to hire him. 27 But the absence of close temporal proximity of the protected activity to the adverse action is not necessarily fatal, because evidence of an ongoing pattern of retaliatory conduct and intent can also establish a causal connection. For example, in Gagliardi v. Village of Pawling, the plaintiffs complained to the Village in 1981 about Zoning Code violations by a non- party. 18 F.3d 188, 190 (2d Cir. 1994). The Village continually failed to enforce the Code against this non-party despite the plaintiffs' complaints, failed in 1985 to enforce other ordinances as to this non-party and took further actions adverse to the plaintiffs in 1990. Id. at 195. The court determined that the \"detailed allegations provide[d] a chronology of events from which an inference can be drawn that actions taken by the [defendants] were motivated by or substantially caused by the [plaintiffs'] exercise of their First 247 Amendment rights.\" Id. In Housing Works, Inc. v. City of New York, the court found that the defendants' knowledge of the plaintiff's demonstrations criticizing the Mayor's administration and their lawsuits against the City and various officials over the previous five years, including the lawsuit that occurred the year before the adverse action in which the State Commissioner of Labor withdrew plaintiff's labor certification, \"was temporally proximate to that decision, even if that knowledge accrued incrementally, as each event occurred.\" 72 F. Supp. 2d 402, 423 (S.D.N.Y. 1999). The court concluded that this proximity in time between the plaintiff's protected speech and the defendants' conduct constituted indirect evidence of an improper motive. Id. at 424. 247 2/21/25, 7:52 Shub v. Westchester Community College, 556 F. Supp. 2d 227 \| Casetext Search + Citator 24/44 Here, plaintiff argues that although his protected activities primarily occurred in the 1970's and 1980's, \"the ongoing pattern of Hankin taking action to get rid of [p]laintiff since that time, together with the numerous legal actions that resulted therefrom, is sufficient to satisfy the causation 28 requirement.\" (Pl. Mem. Opp. Summ. J. at 12.) He argues that Hankin's first retaliatory action was the sexual harassment charges preferred against plaintiff in 1989. ( Id. at 14.) Plaintiff contends that Hankin sought his termination but did not succeed in that he was merely suspended for one semester because the arbitrator found termination would be an excessive punishment. ( Id.) Plaintiff argues that Hankin next took retaliatory action when he filed the second set of disciplinary charges in 1994. ( Id.) He contends that Hankin failed to \"get rid\" of him because the result of those charges was the 1999 Settlement. ( Id.) Plaintiff continues that the next retaliatory action was when Hankin rejected his applications to teach as an Adjunct from 2000 to 2002. ( Id.) Plaintiff asserts that the next opportunity Hankin had to retaliate was when he applied again to teach in February 2006. ( Id. at 15.) 28 Plaintiff's union activities occurred in the 1970's and 1980's and the first action he alleges was motivated by retaliation for those activities was the sexual harassment charges in 1989. Even if we assume proximity, the charges are not, as a matter of law, retaliation. Plaintiff has not provided any evidence that the charges were motivated by a desire to retaliate against him for his union activities. Hankin received complaints of sexual harassment and pursued the matter, as was his job. The allegations included complaints that plaintiff: chased a former student in his car; created a petition, for personal reasons, that he claimed was signed by his students; invited a female student to an off-campus meeting at a restaurant were he was the only other person present, asked this student to kiss him, invited her to come to his house and also to go out for a drink and asked her what she would do for an \"A\" and invited another female student to his house to pick up a 29 recommendation, appeared in his bathrobe when she arrived at the appointed time, and put his arm around her and tried to kiss her. Based on this, the arbitrator determined in a 1990 decision that plaintiff engaged in conduct unbecoming an employee. (Poppick Decl., Ex. 5.) In this context, the fact that Hankin sought plaintiff's termination is not enough to establish 23 29 2/21/25, 7:52 Shub v. Westchester Community College, 556 F. Supp. 2d 227 \| Casetext Search + Citator 25/44 a retaliatory motive for bringing the disciplinary action and cannot serve as an act of retaliation itself. 248 248 23 As discussed in the previous litigation between these parties policy, pursuant to 34 C.F.R. \u00a7 106.8, requires the college to provide a grievance procedure for prompt and equitable resolution of student and employee complaints which allege sexual harassment. Shub, 869 F. Supp. at 216. The next set of charges occurred five years later, in 1994, and were even further removed from plaintiff's protected union activities. These charges alleged plaintiff: invited a several female students for drinks on different occasions and told one he wanted to see her off campus, asked a female student questions about her personal life and commented on her perfume; invited students sailing on his boat; requested home phone numbers for his students; touched a female student and then raised her grade without justification and gave preferential treatment to female students. ( Id., Ex. 6.) There is no temporal proximity to establish a causal nexus and no evidence of retaliatory motive. In fact, in the litigation that occurred between the parties in 1994, Judge Brieant stated that \"[t]he impartiality of the arbitrator in the 1990 proceedings has not been questioned and removes any taint from the fact that Defendant Hankin has previously charged [plaintiff] with sexual harassment.\" Shub, 869 F. Supp. at 220. Not only is there no evidence Hankin was motivated by retaliation for plaintiff's protected union activities, considering the allegationss against plaintiff it would have been wrong if Hankin had not brought the charges. But even if there were reason to believe that Hankin engaged in retaliatory conduct against plaintiff in 1989, 1994 and 2000, summary judgment would still be required because there is no evidence that Hankin participated in or influenced the conduct on which the present claims are based. Plaintiff's pure speculation that Hankin \"must have\" been involved does not create an issue of 30 material fact to defeat summary judgment. See Scotto v. Almenas, 143 F.3d 105, 114 (2d Cir. 1998) (\"The non-moving party may not rely on conclusory allegations or unsubstantiated speculation.\"). There is no evidence of retaliatory motive on the part of Rotando, or Mignogna (and it is far from clear that the latter participated in the decision at issue). In Economic Opportunity Commission of Nassau County, Inc. v. County of Nassau, 30 24 2/21/25, 7:52 Shub v. Westchester Community College, 556 F. Supp. 2d 227 \| Casetext Search + Citator 26/44 the plaintiffs alleged that in retaliation for their public criticism of the County government, the defendants intentionally interfered with their efforts to renovate a Town building using funds issued to the County and Village defendants by the U.S. Department of Housing and Urban Development. 106 F. Supp. 2d 433, 435 (E.D.N.Y. 2000). The court determined that as to the defendant Hempstead Community Development Agency (\"CDA\"), there was no inference of a causal connection between the plaintiffs' protected speech and the CDA's action because there was no allegation that the plaintiffs spoke out against the at any time. Id. at 438. The court further elaborated that while the plaintiffs might suggest that the was aligned in interest with the County defendants, and thus could be expected to retaliate against the plaintiffs for criticizing the County government, there were no facts that suggested such an inference. Id. 24 Plaintiff claims that Rotando had his own reason to retaliate against plaintiff because during the arbitration of plaintiff's second set of disciplinary charges for sexual harassment in 1994 plaintiff questioned him about inappropriate sales of textbooks. Plaintiff's activity during the arbitration was not a protected First Amendment activity because it was not a matter of public concern. Even if it were protected, the event occurred between 1994 and the 1999 Settlement and is too remote from Rotando's decision in 2006 for there to be a causal nexus. Nor does plaintiff allege that Rotando engaged in a pattern or practice of retaliatory behavior after the arbitration testimony. Nor is there any evidence that Rotando and Mignogna were aware of Hankin's alleged retaliatory motive and sought to advance it themselves. This fact distinguishes the present case from Housing Works. For example, in Housing Works, 249 the defendants not only knew about the plaintiffs' 31 protected speech criticizing the Mayor and the City, but they also knew about the Mayor's open and public hostility toward the plaintiffs. 72 F. Supp. 2d at 423. 249 31 \"The ultimate question of retaliation involves a defendant's motive and intent . . . [and] [w]hile a bald and uncorroborated allegation of retaliation might prove inadequate to withstand a motion to dismiss, it is sufficient to allege facts from which a retaliatory intent on the part of the defendants reasonably may be inferred.\" Gagliardi, 18 F.3d at 195. There are no facts 2/21/25, 7:52 Shub v. Westchester Community College, 556 F. Supp. 2d 227 \| Casetext Search + Citator 27/44 presented from which we can reasonably infer an intent to retaliate on the part of Rotando or Mignogna. Although plaintiff argues that Rotando knew about the sexual harassment charges and plaintiff's prior litigation with Hankin and because these activities were generally known on the campus, those charges were not retaliatory and Rotando's knowledge (if any) does not in any way support a finding that the February 2006 decision was in retaliation for plaintiff's union activities in the 1970's and 1980's. Plaintiff makes much of the fact that in 1999 Rotando forwarded to Hankin his application to teach because he was aware of the litigation at that time; plaintiff argues that this shows that Rotando must have consulted with Hankin in 2006 as well. However, there is no evidence that Rotando forwarded plaintiff's 2006 request to Hankin or discussed it with him. Rotando readily testified that he forwarded plaintiff's 1999 application because of the litigation at the time, but he denies consulting Hankin in 2006, which is corroborated by the testimony of Hankin and Mignogna, and this evidence is uncontroverted. It was reasonable to consult with Hankin on plaintiff's application in 1999 because it was submitted only a few months after the Settlement was signed. This indicates uncertainty on the part of Rotando about the effects of the legal action on the 32 hiring process, not First Amendment retaliation. As stated previously, plaintiff's mere speculation that Hankin influenced the 2006 decision not to hire him is not enough to defeat summary judgment. 250 25 32 26 250 25 Plaintiff does not allege that Rotando or Mignogna were even aware of his union activities many years earlier. 26 Although plaintiff provided evidence that Hankin played a role in the decision not to hire him in 1999 after the Settlement, this does not establish that Hankin played a role in the 2006 decision because the 1999 decision was made shortly after plaintiff entered a settlement with which understood to mean that he would no longer teach there in any capacity. Those circumstances were unique and it is understandable that there would be questions and concerns about hiring plaintiff that could only be answered at the higher administrative levels. Hankin and have established that Hankin does not normally play a role in hiring Adjuncts and did not get involved in the 2006 decision by the Mathematics Department. The fact that he played a role in 1999 during a unique situation involving interpretation of the Settlement agreement is not enough to establish a 2/21/25, 7:52 Shub v. Westchester Community College, 556 F. Supp. 2d 227 \| Casetext Search + Citator 28/44 question of fact about his involvement in 2006. Although Hankin admits that he saw plaintiff's requests to teach after plaintiff filed the charges and this lawsuit, he stated that he did not discuss the issue with anyone and had no role in the decision not to hire plaintiff at that time either. Plaintiff tries to prove otherwise by claiming that Hankin's statement in his declaration is an admission of his involvement. (Pl. Mem. Opp. Summ. J. at 12.) Hankin stated had absolutely nothing to do with the Math Department's hiring decision concerning Peter Mucci, rather than [plaintiff]; and have not had anything to do with the Mathematics Department's subsequent decisions about hiring Adjuncts other than [plaintiff].\" (Hankin Decl. \u00b6 7.) Plaintiff argues that the language \"other than [plaintiff]\" is a concession that Hankin had something to do with the decision not to hire him. However in considering all the evidence before us we do not think the statement can be interpreted the way plaintiff argues. In the very same Declaration, Hankin states was never consulted about whom to hire or not to hire as a part-time Adjunct teacher in the Mathematics Department when [plaintiff] was seeking a position in 2006, and had nothing to do with the decision.\" ( Id. 3.) Considering this statement with the testimony Hankin gave at his deposition to the same effect, and the testimony of Rotando and Mignogna, and the absence of any evidence to the contrary, no reasonable jury could find that Hankin participated in the 2006 hiring decision. Plaintiff claims that Mignogna \"admitted\" that Hankin played a role when Mignogna told plaintiff the determination was made at the \"highest level of the administration.\" (Pl. Mem. Opp. Summ. J. at 17.) However, as discussed above, when examining this statement in the context of plaintiff's entire conversation with Mignogna, in which they discussed the priority list and the background check directive, and considering Mignogna's deposition testimony regarding his 33 statement, Mignogna was not referring to Hankin nor was he referring to the actual decision not to hire plaintiff. He was referring to the fact that plaintiff was no longer on the priority list as Mignogna discussed with his superior, Glusker. Plaintiff's attempt to attribute a different meaning is an objectively unreasonable interpretation. \"[A] plaintiff may not rely on conclusory assertions of retaliatory motive to satisfy the causal link. Instead, he must produce some tangible proof to demonstrate that [his] version of what occurred was not imaginary.\" Cobb v. 33 27 2/21/25, 7:52 Shub v. Westchester Community College, 556 F. Supp. 2d 227 \| Casetext Search + Citator 29/44 Pozzi, 363 F.3d 89, 108 (2d Cir. 2004) (internal quotation marks and citation omitted). 27 Plaintiff argues that because Rotando and Mignogna admitted that they thought plaintiff was no longer on the priority list before consulting people higher up the chain of command, then the purpose for them consulting people higher up could not have been to clarify whether plaintiff had priority and must have been for another reason. (Pl. R. 56.1 Stmt. \u00b6 42.) However, Rotando and Mignogna testified that their purpose for consulting people higher up was to clarify the priority issue, and plaintiff offers no evidence to controvert this testimony. Additionally, it was reasonable for Rotando and Mignogna to confirm their interpretation of the contract with people higher up. There is no evidence that the person Mignogna spoke with was Hankin. Indeed Hankin and Mignogna deny this although Mignogna and Glusker admit that they discussed the issue with each other and with Wittenberg. Plaintiff argues that defendants departed from the normal procedures for hiring Adjuncts in two ways when they considered his application in February 2006. \"[A] plaintiff can also show retaliatory intent by establishing unequal treatment. . . .\" County of Nassau, 106 F. Supp. 2d at 437; see Hurdle v. Bd. of Educ., 2002 31834454, at 4 (S.D.N.Y. Dec. 16, 2002). Plaintiff claims that Rotando's usual practice did not involve consultation with anyone higher in the chain of command when making a decision about hiring an Adjunct, and the only exception was when plaintiff applied in the Spring 2006 semester. (Pl. Mem. Opp. Summ. J. at 17.) Additionally, plaintiff states that defendants violated the by hiring Mucci because the two additional statistics sections he was hired to teach caused Mucci to exceed the 20-credit limit written in the CBA. ( Id.) 34 34 As defendants point out, \"Rotando can hardly be faulted for first checking whether he was contractually obligated under the priority requirements of the to hire [plaintiff] versus Mucci.\" (Def. Reply Mem. Supp. Summ. J. at 9.) To the extent that their conversation concerned contractual obligations and county policies (the background check), these are legitimate considerations when hiring an employee. Although Mignogna and Rotando believed that plaintiff was no longer on the priority list, they can not be faulted for confirming this opinion with people higher in administration. 2/21/25, 7:52 Shub v. Westchester Community College, 556 F. Supp. 2d 227 \| Casetext Search + Citator 30/44 And although Rotando and Mignogna 251 admit that ordinarily Mignogna was not consulted when Rotando made the decision to hire an Adjunct, there were other occasions in which Mignogna was consulted, not just when plaintiff was hired in the spring of 2006. (Berg Aff., Ex. 1 at 33 Ex. 2 at 14.) Additionally, the union and have an agreement that the credit limit does not apply when a position is being filled on a short-notice basis due to a professor leaving mid-semester, as was the case here. (Mignogna Decl. \u00b6 9; Poppick Reply Decl., Ex. 23 at 90-91.) Plaintiff has not created an issue of fact or an inference that he was not treated equally during the Adjunct hiring process. 251 4. Defendants Would Have Made the Same Decision Regardless of Plaintiff's First Amendment Activities There is no evidence in the record of the causal nexus necessary to establish a First Amendment claim. However, even assuming there were, defendants have demonstrated that they would have hired Mucci over plaintiff regardless of plaintiff's protected union activities. Once a plaintiff satisfies the three elements necessary to establish a First Amendment claim, the defendant may avoid liability if it can \"demonstrate by a preponderance of the evidence that it would have 35 taken the same adverse action regardless of the protected speech.\" Cobb, 363 F.3d at 102; see Mt. Healthy City Sch. Dist. Bd. of Educ. v. Doyle, 429 U.S. 274, 287 (1977). Rotando has offered legitimate reasons as to why he preferred Mucci to plaintiff that have nothing to do with plaintiff's history of protected First Amendment activities, and plaintiff has not offered any evidence that could rebut that showing. Rotando explains that he thought Mucci was a better choice because of his qualifications, and given that plaintiff was not on the priority list the college was not obligated to hire him. Plaintiff argues that he received from Simpson, Rotando and Mignogna many different and inconsistent reasons as to why he was not chosen, and that this implies a retaliatory motive. We disagree with this analysis. Simpson, Rotando and Mignogna all told plaintiff in one way or another that he was not on the priority list. The fact that Rotando did not offer plaintiff further explanation does not support an inference of retaliation. 35 2/21/25, 7:52 Shub v. Westchester Community College, 556 F. Supp. 2d 227 \| Casetext Search + Citator 31/44 Even if Mignogna influenced Rotando's decision, he too believed that plaintiff was not on the priority list and the background check would impede his ability to start immediately, which was necessary. Plaintiff argues that the fact that Mignogna incorrectly thought Mucci had a mathematics degree when he spoke with plaintiff shows that Mignogna did not review Mucci's resume before the decision was made to hire Mucci. (Pl. R. 56.1 Stmt. \u00b6 25.) But whether or not Mignogna reviewed Mucci's resume is irrelevant because he did not make the decision that Mucci was qualified for the position; Rotando did. There is no dispute that Rotando knew about Mucci's qualifications and once he got confirmation that he was not obligated to hire plaintiff because plaintiff was no longer on the priority list, he decided to hire Mucci. 36252 28 36\u2026 28 Plaintiff argues that Rotando could not possibly have reviewed Mucci's resume and transcripts prior to February 2006 because those documents are dated after February 2006. (Pl. R. 56.1 Stmt. \u00b6 25.) However, plaintiff refers to a later version of these documents. There were earlier versions that McQuade testified she had in her files and gave to Rotando in the Fall 2005. (Poppick Reply Decl. \u00b6 12; Poppick Decl., Ex. 13.) Plaintiff also argues that Mucci could not recall submitting a resume, transcript or cover letter with his July 2005 application but did recall submitting paperwork later in the Fall. (Pl. R. 56.1 Stmt. \u00b6 29.) However, what Mucci said at his deposition when asked if he specifically recalled submitting the documents in July 2005 was don't know if can say 100 percent, but believe that did.\" (Berg Aff., Ex. 27 at 22-23.) The uncontroverted evidence is that Rotando indeed saw the documents and reviewed Mucci's qualifications before hiring plaintiff in February 2006. Finally plaintiff claims inconsistencies in Rotando's and McQuade's recollections of their conversation in the Fall of 2005 regarding Mucci and his qualifications to teach statistics. (Pl. R. 56.1 Stmt. \u00b6 30.) However, even if there are inconsistencies in their recollection of the specifics of that conversation, there is no doubt that they did discuss Mucci and that he was in fact assigned to teach a section of the statistics course for the Spring 2006 semester before there was an emergency need for someone to take over the other two sections. Therefore, the exact conversation is irrelevant; they found Mucci qualified to teach the course before he and plaintiff applied for the emergency Adjunct position; that decision had nothing to do with a comparison to plaintiff. 2/21/25, 7:52 Shub v. Westchester Community College, 556 F. Supp. 2d 227 \| Casetext Search + Citator 32/44 Although plaintiff has more years teaching statistics at the college level, and may be more qualified than Mucci in that regard, it is not for this court to second guess the non-retaliatory reasons of Rotando in hiring Mucci. While discriminatory or retaliatory employment practices are prohibited, a court must \"`respect the employer's unfettered discretion to choose among qualified candidates.'\" Byrnie v. Town of Cromwell, Bd. of Educ., 243 F.3d 93, 103 (2d Cir. 2001) (quoting Fishbach v. D.C. Dep't of Corr., 86 F.3d 1180, 1183 (D.C. Cir. 1996)). Rotando knows better than this Court what qualifications are necessary and which candidate will best serve the goals and policies of the Department. Even though Mucci may have been less experienced, on the record before us we do not question that he was qualified to teach the position and indeed had already been chosen to teach one section of that course earlier that semester. The fact that plaintiff may be more qualified does not mean that Rotando or Mignogna must have had retaliatory motives when choosing Mucci over him. See Morris, 196 F.3d at 113-14 (determining that plaintiff did not offer evidence 37 of retaliatory causation to survive summary judgment because defendants proffered, as their reason for terminating plaintiff, that he could no longer fully perform his duties because of an injury). Plaintiff's disagreement with Rotando's assessment of his and Mucci's qualifications does not create an issue of material fact. See Jimoh v. Ernst Young, 908 F. Supp. 220, 226 (S.D.N.Y. 1995) (\"As a matter of law, an employee's disagreement with an employer's business decision is insufficient to prove discriminatory conduct.\"). 29 37 29 Plaintiff may have taken more math courses than Mucci, however, Mucci took numerous engineering courses for both his degrees in mechanical engineering which had mathematical content as well. It is precisely for these reasons that the court can not play super employer and assign an exact weight to the various credentials of plaintiff and Mucci; that is for the employer to do plaintiff can use a discrepancy between his qualifications and those of the person promoted to defeat summary judgment only if \"the plaintiff's credentials . . . [were] so superior . . . that `no reasonable person, in the exercise of impartial judgment, could have chosen the candidate selected over the plaintiff for the job in question.'\" Byrnie, 243 F.3d at 103 (quoting Deines v. Tex. Dep't of Protective Regulatory Servs., 164 F.3d 277, 280-81 (5th Cir. 2/21/25, 7:52 Shub v. Westchester Community College, 556 F. Supp. 2d 227 \| Casetext Search + Citator 33/44 1999)). It is not beyond reason that Rotando felt Mucci was a better candidate at the time, given that he had cleared the background check, had an impressive resume and was already teaching a section of that statistics course. Plaintiff has not provided evidence that the proffered reasons were pretextual. Because plaintiff has not established a prima facie case of First Amendment retaliation 253 or a triable issue as to whether defendants' legitimate business reason for hiring Mucci was a pretext, defendants' motion for summary judgment is granted as to the First Amendment retaliation claim. 253 III. Plaintiff's Age Discrimination Claim \"The makes it unlawful for an employer `to fail or refuse to hire . . . any individual . . . 38 because of such individual's age.' The protections of the reach individuals who are at least 40 years old.\" Id. at 101 (quoting 29 U.S.C. \u00a7\u00a7 623(a)(1) 631(a)) (alterations in original prima facie case under the consists of four elements: (1) plaintiff was within the protected group, (2) plaintiff applied for a position for which he was qualified, (3) plaintiff was subject to an adverse employment action and (4) that adverse employment action was made under circumstances giving rise to an inference of unlawful discrimination. Id. (citing McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802 (1973)). The burden upon the plaintiff to prove a prima facie case is minimal, and once that case has been established the burden shifts to the employer to articulate a legitimate, non- discriminatory reason for the employment decision to rebut the presumption of discrimination. Id. at 101-02. \"If the employer offers, via admissible evidence, a justification of its action which, if believed by a reasonable trier of fact, would allow a finding of no unlawful discrimination, then `the McDonnell Douglas framework-with its presumptions and burdens- disappear[s], and the sole remaining issue [is] discrimination vel non.'\" Id. at 102 (quoting Reeves v. Sanderson Plumbing Prods., Inc., 530 U.S. 133 (2000)) (alterations in original). 38 A. Prima Facie Case Plaintiff has made out a prima facie case of age discrimination. At age sixty- two, he is within the protected class. He was also qualified to teach statistics 2/21/25, 7:52 Shub v. Westchester Community College, 556 F. Supp. 2d 227 \| Casetext Search + Citator 34/44 as an Adjunct, and defendants do not argue otherwise. He was not hired, and the fact that the person assigned to teach the class was twenty-five years younger raises an inference of discrimination. See Schnabel v. Abramson, 232 F.3d 83, 87 (2d Cir. 2000) (holding that the replacement of a sixty-year-old employee by a thirty-one-year-old employee satisfied the fourth element of a prima facie case); Tarshis v. Riese Org., 39 211 F.3d 30, 38 (2d Cir. 2000) (finding that the replacement of the plaintiff by someone eight years younger raised an inference of age discrimination), abrogated on other grounds by Swierkiewicz v. Sorema N. A., 534 U.S. 506 (2002); Golia v. Leslie Fay Co., Inc., 2003 21878788, at 3-4 (S.D.N.Y. Aug. 7, 2003) (holding plaintiffs established fourth element where defendant hired several employees between thirteen and twenty years younger than plaintiffs around the same time it fired plaintiffs). 39 B. Defendants' Legitimate Business Reason As already discussed, defendants have offered legitimate reasons for hiring Mucci over plaintiff. Rotando, who made hiring and promotion decisions for the Mathematics Department for twenty-six years, stated that he hired Mucci because he was already teaching a section of the same statistics course, graduated summa cum laude, received an \"A\" in a graduate statistics course, taught undergraduate engineering courses with mathematical content, had training in statistics at and received a favorable recommendation from McQuade. (Def. R. 56.1 Stmt. \u00b6 46; Rotando Decl. \u00b6\u00b6 3, 5, 8; Def. Reply Mem. 254 Supp. Summ. J. at 12.) Additionally, although Mucci did not have a mathematics degree, his undergraduate and graduate course-work included courses in mathematics and applied mathematics. (Poppick Reply Decl., Ex. 22 at 166.) 254 By offering evidence of Mucci's qualifications for the position, defendants have stated a legitimate business reason for granting him the position instead of plaintiff. See Byrnie, 243 F.3d at 102. The burden therefore shifts back to plaintiff to prove that this reason is a pretext for age discrimination. See Abdu-Brisson v. Delta Air Lines, Inc., 239 F.3d 456, 466 (2d Cir. 2001). 40 C. Plaintiff's Argument That Defendants' Reason is Pretextual 40 2/21/25, 7:52 Shub v. Westchester Community College, 556 F. Supp. 2d 227 \| Casetext Search + Citator 35/44 An employment discrimination plaintiff can defeat summary judgment if his \"`prima facie case, combined with sufficient evidence to find that the employer's asserted justification is false, may permit the trier of fact to conclude that the employer unlawfully discriminated.'\" Byrnie, 243 F.3d at 102 (quoting Reeves, 530 U.S. at 148). But plaintiff is not required to prove that defendants' justification was false or played no role in the employment decision. See Cronin v. Aetna Life Ins. Co., 46 F.3d 196, 203 (2d Cir. 1995). He need only show that the \"legitimate\" reason was not the only one behind defendants' decision, and that age was a motivating factor. See id.; Holtz v. Rockefeller Co., 258 F.3d 62, 81 (2d Cir. 2001) (\"[P]laintiff may . . . rely on evidence \u2014 circumstantial or otherwise \u2014 showing that `an impermissible reason was \"a motivating factor,\" without proving that the employer's proffered explanation' played no role in its conduct.\") (quoting Fields v. N.Y. State Office of Mental Retardation Developmental Disabilities, 115 F.3d 116, 120 (2d Cir. 1997)). Plaintiff offers three reasons why defendants' legitimate business reason is pretextual: (1) the evidence refutes defendants' proferred reason and casts doubt upon defendants' credibility; (2) there is evidence from which a reasonable jury could conclude that age was at least a motivating factor in the employment decision at issue and (3) the facts defendants assert in support of their legitimate business reason are significantly disputed. (Pl. Mem. Opp. Summ. J. at 29.) We have already addressed reasons one and three in the discussion of plaintiff's First Amendment retaliation claim. For the same reasons they did not establish any evidence or inference of pretext for retaliation, they do not establish any evidence of pretext for age discrimination, and therefore do not establish a question of material fact. The only issue left to address is plaintiff's evidence that age 41 was a motivating factor in the decision at issue. 41 Plaintiff argues that there is an inference that age was at least a motivating factor because two other retirees (Professors Krikorian and Morrison), one in his sixties and one who may have been as old as seventy, were also not hired by WCC. ( Id.; Pl. R. 56.1 Stmt. \u00b6\u00b6 167-68.) Plaintiff argues that defendants' reason for not hiring these retirees as Adjuncts, that they were no longer on the priority list, was pretextual. (Pl. Mem. Opp. Summ. J. at 29.) Plaintiff supports this argument with an email sent by Mignogna on 2/21/25, 7:52 Shub v. Westchester Community College, 556 F. Supp. 2d 227 \| Casetext Search + Citator 36/44 March 21, 2006 with respect to the retirees, that said \"we've made it a point of getting them off the list.\" (Pl. R. 56.1 Stmt. \u00b6 170; Berg Aff., Ex. 25.) The email exchange plaintiff submits started as a request from Barbara Wilson (\"Wilson\") on behalf of Hankin, in which she inquired of Mignogna whether there were other instances, in addition to the one involving plaintiff, where a professor was 255 removed from the priority list after not teaching for three semesters. (Berg Aff., Ex. 25.) Mignogna responds that Krikorian and Morrison were \"the only ones where we've made it a point of getting them off the list. Others have simply told us they're no longer interested, so they don't count.\" ( Id.) When Wilson asked for further clarification, Mignogna responded: 255 In the case of Krikorian, we did remove him. He refused us for three semesters, and then, when he wanted a course, we told him he was no longer on the list. . . . Anne D'Orazio was the newly installed president of [the union], and she agreed with us. As to Morrison, we've not heard from him, and no longer ask him if he's interested. ( Id.) As a preliminary matter, the fact that plaintiff and two other professors in the protected age group were removed from the priority list is not statistical evidence of discrimination. Courts routinely reject statistical evidence of discrimination based on such small sample sizes because the 42 results are not probative. See, e.g., Pollis v. New Sch. for Soc. Research, 132 F.3d 115, 121 (2d Cir. 1997) (\"The smaller the sample, the greater the likelihood that an observed pattern is attributable to [non-discriminatory] factors and accordingly the less persuasive the inference of discrimination to be drawn from it.\"); Alleyne v. Four Seasons Hotel \u2014 N.Y., 2001 135770, at 12 (S.D.N.Y. Feb. 15, 2001) (citing cases). 42 Next, examining plaintiff's evidence and the record as a whole, there is no inference that age was a motivating factor in the decision at issue, or in the decisions regarding Krikorian and Morrison. Plaintiff offers no evidence that his age was a factor in Rotando's decision in February 2006. He also offers no evidence that Professors Krikorian or Morrison were not hired because of their age, other than the fact that at the time they were removed from the 2/21/25, 7:52 Shub v. Westchester Community College, 556 F. Supp. 2d 227 \| Casetext Search + Citator 37/44 Howley v. Town of Stratford, 217 F.3d 141, 151 (2d Cir. 2000). In this case, plaintiff has made a number of allegations in his attempt to rebut defendants' justification for not hiring him. \"Each one is simply too vague, conclusory, unsupported or otherwise legally insufficient to do so. Taken as a whole, they come no closer to rasing a genuine issue of material fact regarding defendants' justification for their decision.\" Witkowich v. Gonzales, 2008 701280, at 13 (S.D.N.Y. Feb. 25, 2008) (Conner, J.). Plaintiff 256 can not show that his qualifications were so superior to Mucci's that no reasonable person would have hired the latter over the former, which means he must offer some other evidence of discrimination to survive summary judgment. See Byrnie, 243 F.3d at 103. But plaintiff's other evidence of discrimination \u2014 the fact that two other professors in the protected age group were removed from the priority list \u2014 is simply incapable of priority list they were in a protected age group. There is no evidence that younger professors were hired instead of these professors. Nor is there any implication in Mignogna's email that the reason they were removed from the priority list was because of their age, the email exchange clearly states a legitimate reason: they had not taught for three semesters. This was even checked with the union President at the time. Plaintiffs' conclusory allegation that age must have been a motivating factor because two other retired professors in the protected age group were removed from the priority list is unsupported by any actual evidence of discriminatory motive. It is therefore insufficient to defeat summary judgment. See, e.g., Meiri v. Dacon, 759 F.2d 989, 998 (2d Cir. 1985.) In deciding a defendant's summary judgment motion when the plaintiff has offered multiple forms of evidence, a court must always keep in mind the entire record before it: [T]he court should not consider the record solely in piecemeal fashion, giving credence to innocent explanations for individual strands of evidence, for a jury, in assessing whether there was impermissible discrimination and whether the 43 defendant's proffered explanation is a pretext for such discrimination, would be entitled to view the evidence as a whole. 43 256 2/21/25, 7:52 Shub v. Westchester Community College, 556 F. Supp. 2d 227 \| Casetext Search + Citator 38/44 supporting the interpretation plaintiff attaches to it and he has offered absolutely no evidence those decisions were motivated by bias. Because plaintiff has not offered evidence that defendants' legitimate business reason for hiring Mucci rather than him was a pretext, defendants' motion for summary judgment is granted as to the age discrimination claim. IV. Plaintiff's Retaliation Claim Plaintiff also claims that defendants have retaliated against him by not hiring him despite his requests for an Adjunct position since he filed a Charge of Discrimination with the on June 44 2, 2006. (Complt. \u00b6 24; Pl. Mem. Opp. Summ. J. at 31.) 44 30 30 Our granting summary judgment against plaintiff on his underlying age discrimination claim does not preclude him from maintaining a retaliation claim. See McMenemy v. City of Rochester, 241 F.3d 279, 285 (2d Cir. 2001) (noting that the employer's conduct of which plaintiff complained need not actually have been a Title violation for plaintiff to state a prima facie case of retaliation); Manoharan v. Columbia Univ. Coll. of Physicians Surgeons, 842 F.2d 590, 593 (2d Cir. 1988); Avillan v. Potter, 2006 U.S. Dist 80062, at 53 (S.D.N.Y. Nov. 1, 2006). Defendants argue that plaintiff can not bring an action in this court alleging retaliation under the for the decision not to hire him for the Fall 2006 and subsequent semesters because plaintiff did not file charges for those actions claims must be brought before the as a precondition to bringing them in federal court. See Idrees v. City of N.Y. Dep't of Parks Recreation, 2005 1026027, at 7 (S.D.N.Y. May 3, 2005). Defendants argue that because plaintiff did not file separate charges within 300 days of each of defendants' decisions not to hire him for the Fall 2006, Spring 2007 and Summer 2007 semesters, he has lost the right to recover for those acts. (Def. Mem. Supp. Summ. J. at 16.) Defendants cite National Railroad Passenger Corp. v. Morgan, 536 U.S. 101 (2002) for support. Morgan is inapposite, however, because the Court held that acts of discrimination preceding an filing were discrete acts that would be time barred if an charge was not filed in a timely manner as to those preceding acts. 536 U.S. at 113. However, the law regarding acts of discrimination subsequent to an filing is different. In that instance, a 2/21/25, 7:52 Shub v. Westchester Community College, 556 F. Supp. 2d 227 \| Casetext Search + Citator 39/44 257 Alfano, 294 F.3d at 381 (quoting Butts v. City of N.Y. Dep't of Hous. Pres. and Dev., 990 F.2d 1397, 1402-03 (2d Cir. 1993)). Plaintiff alleges that the decision not to hire him for the Fall 2006 and subsequent semesters was in retaliation for filing the charge in June 2006, therefore defendants' subsequent conduct is reasonably related to conduct in his charge and this Court has jurisdiction over those claims. Wanamaker v. Columbian Rope Co., 108 F.3d 462, 465 (2d Cir. 1997). Plaintiff alleges that Rotando and Mignogna were aware of his protected activity and that in response thereto they retaliated against him by not considering his applications to teach as an Adjunct for the Fall 2006 and subsequent semesters. (Pl. Mem. Opp. Summ. J. at 31.) He has therefore established the first three elements necessary for a prima facie case of retaliation under the ADEA. We consider whether plaintiff has established a nexus between his filing the Charge of Discrimination and defendants' decision not to hire him for the Fall 2006 and subsequent semesters. plaintiff need not file a separate charge for subsequent acts of discrimination in order for a court to have jurisdiction over those claims. Jurisdiction exists if the claims are \"based on conduct subsequent to the charge which is reasonably related to that alleged in the charge.\" Alfano v. Costello, 294 F.3d 365, 381 (2d Cir. 2002) (internal quotation marks and citation omitted); see Idrees, 2005 1026027, at 7. 45 45 Subsequent conduct is reasonably related to conduct in an charge if: (1) the claim would fall within the reasonably expected scope of an investigation of the charges of discrimination; (2) it alleges retaliation for filing the charge; or (3) the plaintiff \"alleges further incidents of discrimination carried out in precisely the same manner alleged in the charge.\" 257 prima facie case of retaliation under the requires a showing that: (1) the plaintiff was engaged in an activity protected under the ADEA; (2) the employer was aware of the plaintiff's participation in the protected activity; (3) the plaintiff was subject to an adverse employment action; and (4) there is a nexus between the protected activity and the adverse action taken. 2/21/25, 7:52 Shub v. Westchester Community College, 556 F. Supp. 2d 227 \| Casetext Search + Citator 40/44 \"`Causation can be established either indirectly by means of circumstantial evidence, for example, by showing that the protected activity was followed by adverse treatment in employment, or directly by evidence of retaliatory animus.'\" Mandell v. County of Suffolk, 316 F.3d 368, 383 (2d Cir. 2003) (quoting Morris, 46 196 F.3d at 110). Plaintiff offers both direct evidence of retaliatory motive and circumstantial evidence. 46 Plaintiff claims defendants admitted that the decision not to hire him for the Fall 2006 and subsequent semesters was in retaliation for the charges. (Pl. Mem. Opp. Summ. J. at 31.) As evidence he offers the testimony of both Rotando and Mignogna. At Rotando's deposition, when asked why he decided not to hire plaintiff after the Spring 2006 semester, Rotando replied: \"Well, we had a suit pending against us and just didn't know how to proceed after that.\" (Berg Aff., Ex. 1 at 116.) When asked if there was any other reason, he replied: \"Not that recall.\" ( Id.) Mignogna testified that Simpson showed him letters from plaintiff requesting an Adjunct position for the Fall 2006 and subsequent semesters. ( Id., Ex. 2 at 130.) When asked what he said to Simpson regarding the requests, Mignogna replied: \"Other than to say to him we got all kinds of ongoing things. Don't respond to this. And I'm paraphrasing. But don't respond.\" ( Id. at 131.) When asked what he meant by \"all kinds of ongoing things,\" Mignogna replied knew there was a grievance was not sure what the status of it was knew there was at least one lawsuit, and did not know the status. The matter that we're talking about here, and knew it was ongoing.\" ( Id. at 131-32.) Defendants argue that Rotando did not testify that he intentionally declined to hire plaintiff because of the legal proceedings; he testified that after plaintiff filed the charges he did not know how to proceed. (Def. Reply Mem. Supp. Summ. J. at 10 reasonable interpretation of Rotando's statement could be that one reason behind the decision not to hire plaintiff for the Fall 2006 semester was because he filed the charge. Although a, 258 plaintiff may not rely on conclusory assertions 47 of retaliatory motive, \"but must offer instead some tangible proof to demonstrate that [his] version of what occurred was not imaginary,\" plaintiff has offered \"some tangible proof\" to demonstrate that one reason defendants did not hire him was because he filed the charge. Morris, 196 F.3d at 111. That is enough to establish a prima facie case. See Mandell, 316 F.3d at 383 (determining that 31 258 47 2/21/25, 7:52 Shub v. Westchester Community College, 556 F. Supp. 2d 227 \| Casetext Search + Citator 41/44 plaintiff adduced sufficient direct evidence of retaliatory animus to create a triable question of fact on causation where plaintiff introduced evidence of negative comments and recommendations in his personnel file referencing plaintiff's protected speech). 31 Defendants also make a similar argument about Mignogna's testimony, contending that Mignogna did not state that the grievance was the reason for denying plaintiff a position. (Def. Reply Mem. Supp. Summ. J. at 10.) However, a reasonable jury could conclude that Mignogna's statement supplies an inference that the decision not to hire plaintiff for the Fall 2006 and subsequent semesters was because of the charges. Additionally, as defendants fervently argued above, Mignogna was not the decision maker, Rotando was. Plaintiff also claims that the close proximity of the time when he filed the charge in June 2006 and the time when he was not hired to teach for the Fall 2006 semester is circumstantial evidence of a retaliatory motive. (Pl. Mem. Opp. Summ. J. at 31.) We discussed previously the close temporal proximity necessary to establish a causal nexus. In this Circuit, even a time frame of three months between the protected activity and the adverse action can be too long to establish a causal nexus when there is no other evidence that tends to show a retaliatory motive. See Hollander v. Am. Cyanamid Co., 895 F.2d 80, 85-86 (2d Cir. 1990). Here, however, Rotando and Mignogna's statements, taken together with the close proximity of time of plaintiff's filing the charge and that of the decision not to hire him (at most the time between filing the charge in June and the beginning of the Fall semester is three months), is sufficient to create a triable issue of fact on this issue. See Suggs v. Port Auth. of N.Y. N.J., 1999 269905, at 6 (S.D.N.Y. May 4, 1999) (determining that adverse action taken six months after plaintiff filed his charge, together with evidence that defendant was angry at plaintiff and had previously wanted him fired, established an inference of causal nexus). 48 48 Under the ADEA, \"once a plaintiff has established a prima facie case, the burden shifts to the defendant, which is required to offer a legitimate, non- discriminatory rationale for its actions.\" Terry v. Ashcroft, 336 F.3d 128, 138 (2d Cir. 2003). In the record, the only legitimate reason defendants offer is Rotando's statement that: \"We made the hiring decisions for the Fall 2006 2/21/25, 7:52 Shub v. Westchester Community College, 556 F. Supp. 2d 227 \| Casetext Search + Citator 42/44 Semester in late August 2006. Bienenfeld returned to teach his statistics courses as of the Fall 2006 semester. We have had qualified Adjuncts to fill all teaching spots since then, and we have not had the need to hire [plaintiff].\" (Rotando Decl. \u00b6 7.) Because plaintiff need not prove that defendants' legitimate explanation played no role in the decision but need only show that it was not the only reason, and because the evidence discussed above creates a material issue of fact as to whether plaintiff's charge was a motivating factor in defendants' decision, summary judgment is inappropriate. See Holtz, 258 F.3d at 81; Cronin, 46 F.3d at 203. Therefore, defendants' motion for summary judgment as to the retaliation claim is denied For all of the foregoing reasons, defendants' motion for summary judgment is 259 granted as to plaintiff's First Amendment retaliation claim and plaintiff's age discrimination claim and denied as to plaintiff's retaliation claim. 259 ORDERED. About us Jobs News Twitter Facebook LinkedIn Instagram Help articles Customer support 2/21/25, 7:52 Shub v. Westchester Community College, 556 F. Supp. 2d 227 \| Casetext Search + Citator 43/44 Contact sales Cookie Settings Do Not Sell or Share My Personal Information/Limit the Use of My Sensitive Personal Information Privacy Terms \u00a9 2024 Casetext Inc. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 2/21/25, 7:52 Shub v. Westchester Community College, 556 F. Supp. 2d 227 \| Casetext Search + Citator 44/44", "7903_102.pdf": "Shub v. Hankin, 869 F. Supp. 213 (S.D.N.Y. 1994) U.S. District Court for the Southern District of New York - 869 F. Supp. 213 (S.D.N.Y. 1994) November 30, 1994 869 F. Supp. 213 (1994) Michael SHUB, Plaintiff, v. Joseph N. HANKIN, individually and in his capacity as President of Westchester Community College, Westchester Community College, and the County of Westchester, Defendants. No. 94 Civ. 6319 (CLB). United States District Court, S.D. New York. November 30, 1994. 214 Jonathan Lovett, Lovett & Gould, White Plains, NY, for plaintiff. Irma Cosgriff, Westchester County Attys. Office, White Plains, NY, for defendants BRIEANT, District Judge. Plaintiff, Michael Shub, an Associate Professor of Mathematics at Westchester Community College, filed this action pursuant to 215 42 U.S.C. \u00a7 1983 alleging that his rights under 2/21/25, 7:52 Shub v. Hankin, 869 F. Supp. 213 (S.D.N.Y. 1994) :: Justia 1/13 the First and Fourteenth Amendments to the United States Constitution were violated by Defendants Joseph Hankin, individually and as President of Westchester Community College, Westchester Community College (\"the College\"), and the County of Westchester (collectively \"Defendants\"). Supplemental claims under New York law are also asserted. Plaintiff charges that he was denied procedural due process when he was suspended improperly from teaching duties, pending the outcome of an investigation of possible sexual harassment of female students, and other conduct unbecoming a member of the College staff. Plaintiff seeks compensatory damages and punitive damages, as well as attorney fees and costs. Pursuant to Fed.R.Civ.P. 12(b) (6), Defendants have moved to dismiss the complaint for failure to state a claim. The facts set forth below are uncontested and appear from the Complaint as amplified at the hearing held October 28, 1994 (see transcript) and by affidavits submitted by the parties. Plaintiff is a tenured Associate Professor of Mathematics at Westchester Community College, and as such is a member represented by the Westchester Community College Federation of Teachers, a collective bargaining unit. In September, 1989, Plaintiff was charged with conduct unbecoming a member of the staff. The 1989 charges involved allegations of sexual harassment of female students. By decision dated May 9, 1990, a neutral arbitrator, Howard C. Edelman, Esq., appointed pursuant to the provisions of the Collective Bargaining Agreement between Westchester County and the Westchester Community College Federation of Teachers (\"Collective Bargaining Agreement\") (Def.Ex. A. to Motion), determined that Plaintiff was guilty of conduct unbecoming a member of the staff. As a result, Plaintiff was suspended from teaching for one semester. On July 1, 1994, Plaintiff was served with Notice of Charges dated June 28, 1994, again for conduct unbecoming a member of the staff. The current allegations involve improper contacts with students, including (1) inviting a female student for a drink and telling her that he wanted to see her off campus; (2) inviting a female student for a drink, asking questions about her personal life, and making remarks about her perfume; (3) inviting a female student for a drink; (4) requesting home telephone numbers of students and inviting them to go sailing on his boat; (5) sexually harassing a female student by inviting her for a drink, touching her, asking her questions about her personal life, and raising one of her grades without justification; (6) keeping objects in his office suggesting that female students were more likely than male students to receive an \"A\"; (7) informing a female 2/21/25, 7:52 Shub v. Hankin, 869 F. Supp. 213 (S.D.N.Y. 1994) :: Justia 2/13 student that she was \"not [his] type\"; (8) giving preferential treatment to one female student while refusing to help another female student when they both went to his office for help with their course work. On August 23, 1994, Plaintiff was suspended from classroom teaching, pending the outcome of the charges, and was informed that for the Fall, 1994 semester, he will be reassigned to \"several curriculum/syllabus projects,\" apparently the academic equivalent of the rubber gun squad, with no diminution in his basic salary. The Complaint in the instant case seeks to (1) enjoin Defendants from prosecuting Plaintiff on the 1994 disciplinary charges pursuant to the Collective Bargaining Agreement; (2) set aside and void the 1990 disciplinary conviction; (3) award compensatory damages, punitive damages and attorneys fees. This Court recognizes that on a motion of this sort, we are \"not to weigh the evidence that might be presented at a trial but merely to determine whether the complaint itself is legally sufficient.\" Goldman 216 v. Belden, 754 F.2d 1059, 1067 (2d Cir. 1985). The court must accept as true the factual allegations made in the Complaint, as amplified by the affidavits and documents received without objection, and concessions of fact made at the October 28, 1994 hearing. The Complaint should not be dismissed unless \"it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.\" Conley v. Gibson, 355 U.S. 41, 45-46, 78 S. Ct. 99, 102, 2 L. Ed. 2d 80 (1957). The Issue Presented Plaintiff contends that he was denied procedural due process when Defendants brought charges pursuant to the College's Collective Bargaining Agreement for \"conduct unbecoming,\" which included accusations of sexual harassment, rather than invoking the \"Westchester Community College Procedure on Discrimination\" and the \"Westchester Community College Policy and Procedure on Sexual Harassment\" (collectively \"the College Policy\") (Def.Ex to Motion), established by the College pursuant to the United States Code of Federal Regulations, 34 C.F.R. \u00a7 106.8 et seq. (see infra). Plaintiff argues that Defendants must proceed under the College Policy rather than the Collective Bargaining Agreement tenured public employee has a property right in continued employment and cannot be terminated without first receiving notice and an opportunity to be heard. Cleveland Board [1] [2] 2/21/25, 7:52 Shub v. Hankin, 869 F. Supp. 213 (S.D.N.Y. 1994) :: Justia 3/13 of Education v. Loudermill, 470 U.S. 532, 105 S. Ct. 1487, 84 L. Ed. 2d 494 (1985). The law is less clear concerning personnel actions short of termination. See, e.g., Maples v. Martin, 858 F.2d 1546, 1550 (11th Cir.1988) (no property interest when tenured university professors transferred from mechanical engineering department to other engineering department with no diminution in salary or rank); Garvie v. Jackson, 845 F.2d 647, 651 (6th Cir.1988) (no property interest when university department head reassigned to regular teaching duties); Winkler v. County of DeKalb, 648 F.2d 411 (5th Cir. 1981) (protectible property interest where county engineer demoted to position of greatly reduced responsibilities). Our Court of Appeals has not addressed the issue of whether temporary suspension of a tenured professor's teaching duties constitutes deprivation of a property right. However, in Ezekwo v Health & Hospitals Corp., 940 F.2d 775, 783 (2d Cir.), cert. denied, 502 U.S. 1013, 112 S. Ct. 657, 116 L. Ed. 2d 749 (1991), the court held that a physician possessed a property interest in the opportunity to serve as Chief Resident withdrawal of which was an action short of termination. The court recognized that \"not every contractual benefit rises to the level of a constitutionally protected property interest.\" Id. at 782. \"In determining which interests are afforded such protection, a court must look to whether the interest involved would be protected under state law and must weigh `the importance to the holder of the right.'\" Id. The court then determined that the policy and practice of the institution was well-established and that the right had important professional and financial value to the plaintiff. Here, Plaintiff alleges that the suspension of his teaching duties pending a disciplinary investigation and hearing deprived him of a significant source of compensation because he was precluded from teaching \"overload\" courses, voluntarily, for which extra pay is awarded. Plaintiff also claims and the Court assumes that revelation of the sexual harassment charges to the college community stigmatized him. Even assuming that the temporary suspension of Plaintiff's teaching duties under the circumstances of this case constitutes deprivation of a property right, Plaintiff has failed to show that the post-suspension due process to be given by Defendants in compliance with the Collective Bargaining Agreement violates the Fourteenth Amendment's guaranty of due process. In order to determine whether a pre-deprivation hearing, as opposed to a post-deprivation hearing, is due, the court must balance the private interest against the government interest. Matthews v. Eldridge, 424 U.S. 319, 340, 96 S. Ct. 893, 905, 47 L. Ed. 2d 18 (1976). Where a valid government interest militates toward immediate action, 217 a post-deprivation 2/21/25, 7:52 Shub v. Hankin, 869 F. Supp. 213 (S.D.N.Y. 1994) :: Justia 4/13 hearing is sufficient to satisfy due process. Ezekwo, 940 F.2d at 785. (In situation where \"the residency program administrators believed that plaintiff presented a threat to patient safety.... the program administrators would be justified in immediately removing [plaintiff] subject to some post-removal review.\"). Here, the College reasonably believed that Plaintiff presented a threat to the well-being of its students. Sexual harassment damages the educational environment and destroys the trust that is a necessary component in the teacher-student relationship. The college administrators were justified in taking a temporary measure reassigning this allegedly recidivist teacher pending the outcome of disciplinary proceedings in order to protect the well-being of the student body. The only remaining issue here as presented by Professor Shub is a pure question of law: was Plaintiff denied procedural due process because Defendants followed the agreed due process procedures contained in the Collective Bargaining Agreement rather than the due process procedures which the College had adopted in accordance with 34 C.F.R. \u00a7 106.8(b) for sexual harassment. This Court concludes that there is no requirement pursuant to the Fourteenth Amendment, that a specific procedure be used, nor is a plaintiff entitled to the procedure of his or her choice. Plaintiff is entitled only to notice and \"an opportunity [to be heard] ... at a meaningful time in a meaningful manner.\" Boddie v. Connecticut, 401 U.S. 371, 378, 91 S. Ct. 780, 786, 28 L. Ed. 2d 113 (1970). It is not a Constitutional violation if a defendant chooses to follow one established internal procedure, which provides due process, rather than utilizing a different internal procedure. Plaintiff argues that in all cases where sexual harassment is implicated, the College Policy, established pursuant to 34 C.F.R. \u00a7 106.8 (effective July 1, 1975), must be exhausted before recourse to the due process granted in the Collective Bargaining Agreement. Under 34 C.F.R. \u00a7 106.8, a college receiving federal financial assistance is required to adopt and make available a grievance procedure providing for prompt and equitable resolution of student and employee complaints which allege sexual harassment. 34 C.F.R. \u00a7 106.8; 34 C.F.R. 106.2(g) (the \"CFR\") (college receiving federal financial assistance must comply with Section 106.8). As noted earlier, at a date not disclosed, and intending to comply with the CFR, the College Board of Trustees and President Hankin adopted the \"Westchester Community College Procedure on Discrimination\" and the \"Westchester Community College Policy and Procedure on Sexual Harassment\". [3] 2/21/25, 7:52 Shub v. Hankin, 869 F. Supp. 213 (S.D.N.Y. 1994) :: Justia 5/13 The \"Westchester Community College Procedure on Discrimination\" requires student who wishes to make a complaint against a faculty member ... regarding alleged discrimination based on ... sex ... should register that complaint with the Office of Student Affairs complaint about sexual harassment would be referred to the sexual harassment officer. In all cases, the first step would be to attempt to resolve the complaint informally. If a resolution satisfactory to both the complainant and respondent is reached within fourteen (14) calendar days through the efforts of the Director of Student Affairs, the appropriate college official, or other such designated person, the case shall be closed written notice to that effect will be sent to the complainant and to the respondent. 218 If no formal resolution is possible, and the student wishes to pursue the complaint, a grievance must be submitted in writing. Such formal grievance must be filed within forty-five (45) calendar days following the alleged discriminatory act. Grievances must be filed with the Office of Student Affairs. (Def.Ex at 150.) The \"Westchester Community College Policy and Procedures on Sexual Harassment\" provides . . . . . 1. This sexual harassment policy applies to all college (faculty, administrators and staff) and students. 2/21/25, 7:52 Shub v. Hankin, 869 F. Supp. 213 (S.D.N.Y. 1994) :: Justia 6/13 . . . . . 4. Any employee who is found to have committed an act of sexual harassment may be subjected to disciplinary action as provided by the college operating procedures.... (Def.Ex. E. at 164-65.) (emphasis added). This Court concludes that the use of the term \"may\" establishes that the College Policy is not the exclusive remedy for sexual harassment, and \"college operating procedures\" referred to therein includes as well the due process contained in the Collective Bargaining Agreement. Furthermore, neither Paragraph 4 nor any other document cited to this Court requires exhaustion of the College Policy before recourse to the Collective Bargaining Agreement. Neither 34 C.F.R. \u00a7 106.8, nor the College Policy established thereunder, purports to provide the sole method by which the College administration may respond to or discipline sexual harassment. Neither the nor the College Policy precludes action by the College pursuant to the Collective Bargaining Agreement reading of the College Policy and C.F.R. \u00a7 106 et seq. shows a clear intention to provide a remedy for the benefit of students and employees, cumulative to other available remedies. Nothing therein derogates from the power and duty of the College administration to respond to sexual harassment. By contrast, according to Defendants, \"[t]he only procedure available to the College for removing or suspending plaintiff is the procedure contained in the Collective Bargaining Agreement.\" Memorandum of Law in Support of Defendants' Motion to Dismiss 8. Defendants contend that the College Policy only \"appl[ies] when students and/or employees wish to make a complaint,\" and not when the purpose of the proceeding is to remove or suspend an employee for conduct unbecoming a member of the staff, which happens to involve sexual harassment. Implicit in this case is the absence of a \"registered\" or written complaint by any or all the students allegedly harassed. The Court sees no reason of public policy which requires the College to await the \"registering\" of a complaint of sexual harassment before it may respond to the perceived situation involving such a serious distortion of academic life. Response by temporary suspension, followed by compliance with the procedures under the Collective Bargaining Agreement constitutes due process. The Collective Bargaining Agreement provides: [4] 2/21/25, 7:52 Shub v. Hankin, 869 F. Supp. 213 (S.D.N.Y. 1994) :: Justia 7/13 1. Persons having tenure under the provisions of this section shall not be removed or suspended from the permanent staff unless the following procedure is followed: 1. Written charges are served under one or more of the following reasons: a) Incompetent service b) Neglect of duty c) Conduct unbecoming a member of the staff. 2. Removal or suspension of a person on tenure may be taken up as a grievance directly at Step 2 of the grievance procedure provided under this Agreement. 219 (Def.Ex. A, Collective Bargaining Agreement, Section Three, 3.7(i), at 9.) Step 2 provides: 1. In the event that the grievance is not adjusted under Step 1, the faculty member of the Union at the employee's request may within two (2) weeks from the date of the written answer take up such grievance with the President, his designee, or the College Grievance Board at the discretion of the College administration, who will schedule an informal hearing, when requested, within two weeks thereafter. 2/21/25, 7:52 Shub v. Hankin, 869 F. Supp. 213 (S.D.N.Y. 1994) :: Justia 8/13 2. The President or his designee, after a formal hearing where requested, at which the faculty member and his representative may appear and present oral and written statements or arguments, shall answer in writing within two (2) weeks of receipt of the grievance, or two (2) weeks after the hearing, if later. (Def.Ex. A, Section Seven, 7.4(b) at 27.) Should compliance with Step 2 fail to resolve the grievance, Step 3 authorizes arbitration under the Voluntary Rules of the American Arbitration Association: 1 grievance which is not adjusted under Step 2, may at the request of the College or the Union within one week of the Step 2 answer, be promptly submitted to arbitration under The Voluntary Labor Arbitration Rules of the American Arbitration Association. (Id. at 28.) The Agreement also guarantees: [A]ll parties shall have a fair and full opportunity to present any and all relevant information, evidence and testimony and shall be entitled to a full and fair hearing. Due process and a fair and full hearing shall include the right to cross examination of witnesses, and written notification of the final disposition of the grievance. (Def.Ex. A., Section Seven, 7.2(e) at 26.) Defendants assert, without contradiction, that they are complying with and intend to comply with the Collective Bargaining Agreement, specifically, (1) Plaintiff was given written notice of the charges by the Notice of Charges served on Plaintiff on July 1, 1994; and (2) the Notice of Charges states that a hearing is contemplated: You are entitled to every right granted to you pursuant to the Agreement between the County of Westchester and the Westchester Community College Federation of Teachers. In addition, should the appropriate time arrive and if your collective bargaining representative does not request an arbitration, the Charging Party will request an arbitration. [5] 2/21/25, 7:52 Shub v. Hankin, 869 F. Supp. 213 (S.D.N.Y. 1994) :: Justia 9/13 (Def.Ex at 2.) Plaintiff does not appear to challenge the constitutionality of the grievance procedures pursuant to the Collective Bargaining Agreement. However, he argues that the grievance procedure does not apply to his situation because the Collective Bargaining Agreement excludes disciplinary actions from its definition of a grievance: 7.3 Grievance Defined: a. \"Grievance\" shall mean any claimed violation, misrepresentation or inequitable application of this contract, or of the existing laws, rules, procedures, regulations, administrative orders or work rules of the County or the College which relate to wages, hours, or working conditions; provided, however, that such term shall not include any matter involving the renegotiation of salary schedule (prior to the opening of contract negotiations), retirement benefits, disciplinary proceedings or any matter which is otherwise reviewable under section 6206 [sic] of the State of New York Education Law. (Def.Ex. A, Section 7.3(a), at 26.) However, Section 3.7(i) of the Collective Bargaining Agreement allows \"[r]emoval or *220 suspension of a person on tenure may be taken up as a grievance.\" (Def.Ex. A, Section Three, 3.7(i), at 9.) These two provisions may appear to contradict each other. The obvious and correct way to reconcile them is by reading Section 7.3(a) of the Collective Bargaining Agreement as excluding only those disciplinary proceedings which are \"reviewable under section 6306 of the State of New York Education Law,\" which establishes the powers and duties of the boards of trustees of community colleges. See Education Law \u00a7 6306. Under this interpretation, the grievance procedure would not apply in any matter where the authority of the board of trustees is disputed pursuant to Education Law \u00a7 6306. See, e.g., Board of Trustees v. Faculty Interest Com., 47 A.D.2d 975, 366 N.Y.S.2d 683, 684 (3d Dept.1975) (finding that grievance procedure did not apply to dispute about salary schedule because contract could come into existence only upon approval of the Board of Supervisors as required pursuant to Education Law \u00a7 6306, subd. 2). Here, the power of the Board of [6] 2/21/25, 7:52 Shub v. Hankin, 869 F. Supp. 213 (S.D.N.Y. 1994) :: Justia 10/13 Trustees or the President of the University to suspend a tenured professor is not challenged pursuant to Education Law \u00a7 6306. Accordingly, the exclusion in Section 7.3(a) of the Collective Bargaining Agreement does not apply. This Court concludes that Defendants are justified in acting pursuant to the Collective Bargaining Agreement in the present situation, and may do so notwithstanding Plaintiff's claim of retaliation for \"Plaintiff's exercise on campus of his rights of free speech and association including inter alia Plaintiff's union activities and membership on a committee which investigated allegation of misappropriation of public funds by Hankin.\" Complaint \u00b6 13. See Ezekwo v Health & Hospitals Corp., 940 F.2d 775, 780-81 (2d Cir.1991) (to prevail on first amendment retaliation claim, a plaintiff must show that \"the speech played a substantial part in the employer's adverse employment action; i.e., that the adverse action would not have occurred but for the employee's protected actions.\") (emphasis in the original), cert. denied, 502 U.S. 1013, 112 S. Ct. 657, 116 L. Ed. 2d 749 (1991 Drug Corp. v. Perales, 960 F.2d 6 (2d Cir.1992) (\"to state a claim for selective application of a facially lawful regulation, a plaintiff must show selective treatment was motivated by the intention to discriminate to punish exercise of constitutional rights.\"). The impartiality of the arbitrator in the 1990 proceedings has not been questioned and removes any taint from the fact that Defendant Hankin has previously charged Professor Shub with sexual harassment. The grievance for the 1994 charges, if it ever reaches step 3 also will be heard by an impartial arbitrator. Similarly, no valid claim is stated for denial of equal protection in that the College may have processed complaints against others under the College Policy. As noted earlier, both procedures are equally available to the College, and the charges in this case extend to grade dilution, a form of \"unbecoming\" conduct which goes beyond simple lewdness. Any claim for selective enforcement would be available in any event for consideration by the impartial arbitrator. For the foregoing reasons, the motion to dismiss the Complaint is granted. The stay granted on October 28, 1994 is vacated. The Clerk shall enter a final judgment [1] Police jargon for officers deprived of gun and badge and assigned to limited duty. [7] 2/21/25, 7:52 Shub v. Hankin, 869 F. Supp. 213 (S.D.N.Y. 1994) :: Justia 11/13 [2] This claim would seem to be time barred, although these prior proceedings may have some evidentiary value in considering the 1994 claim. See new Rule 413 Fed.R.Evid. not yet in effect, contained in the Violent Crime Control and Enforcement Act of 1994, Pub.L. No. 103-322. [3] Section 106.8 provides: 106.8 Designation of responsible employee and adoption of grievance procedures. (a) Designation of responsible employee. Each recipient shall designate at least one employee to coordinate its efforts to comply with and carry out its responsibilities under this part, including any investigation of any complaint communicated to such recipient alleging its noncompliance with this part. The recipient shall notify all its students and employees of the name, office address and telephone number of the employee or employees appointed pursuant to this paragraph. (b) Complaint procedures of recipient recipient shall adopt and publish grievance procedures providing for prompt and equitable resolution of student and employee complaints alleging any action which would be prohibited by this part. [4] Apparently the allegations against Professor Shub are not limited to sexual harassment. For example, raising a grade unjustifiably, even if motivated by sex, has ramifications for the College far beyond sexual harassment. It dilutes the grades earned by others and threatens the academic integrity of the entire College. [5] No hearing has been held to date because at Plaintiff's request on October 28, 1994, this Court issued a stay pending further order of the Court, and the resolution of the motion to dismiss. [6] Undoubtedly, this citation to Section 6206 of the State of New York Education Law is a typographical error and should be read as 6306. Section 6206 governs the powers and duties of the boards of trustees of the City University of New York [\"C.U.N.Y.\"], whereas Section 6306 governs the powers and duties of the boards of trustees for community colleges. The two provisions are congruent. Because the college here is a community college, not C.U.N.Y., this Court reads the Collective Bargaining Agreement as referring to Section 6306 of the Education Law. [7] The issue of whether Defendant Hankin engaged in a \"witchhunt\" against Plaintiff was litigated during the 1990 arbitration. (Def.Ex at 11-13 to Motion.) 2/21/25, 7:52 Shub v. Hankin, 869 F. Supp. 213 (S.D.N.Y. 1994) :: Justia 12/13 Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 2/21/25, 7:52 Shub v. Hankin, 869 F. Supp. 213 (S.D.N.Y. 1994) :: Justia 13/13"}
7,458	Jamshid Farshidi	Norfolk State University	[]	{}
7,357	Jonathan Hatch	Guilford College	[ "7357_101.pdf" ]	{"7357_101.pdf": "The Guilfordian \u2022 August 31, 2012 \u2022 mathematics-professor-pleads-guilty/ Former mathematics professor pleads guilty Victor Lopez, Senior Writer Last June, Jonathan Hatch, former associate professor of mathematics, was arrested and charged for allegedly using a miniature digital camera built inside a pen to take up-skirt photos of a student at the college. Federal authorities say that Hatch, 44, pled guilty to felony peeping tom charges, and was sentenced in state and federal courts in April. According a spokesperson for Greensboro\u2019s Attorney\u2019s Office, Hatch was sentenced to 66 months in federal prison followed by 20 years probation. Hatch also faced similar charges at the state level, and was given a suspended sentence by the State of North Carolina, according to a spokesperson for the Guilford County District Attorney\u2019s office. \u201cHe will have to file as a sex offender once he completes his federal sentence,\u201d the spokesperson said. Following an investigation into Hatch\u2019s home computer, authorities found hundreds of photos of minors in sexually suggestive positions, which prompted a federal investigation, according to court documents. Hatch, who is being held at the Federal Correctional Institution at Fort Dix, New Jersey, resigned from Guilford as allegations of his actions were made public."}
8,815	Blake Bailey	Old Dominion University	[ "8815_101.pdf", "8815_102.pdf", "8815_103.pdf", "8815_104.pdf", "8815_105.pdf", "8815_106.pdf", "8815_107.pdf" ]	{"8815_101.pdf": "Posted: Dec 20, 2021 / 05:11 Updated: Dec 20, 2021 / 09:05 NORFOLK, Va report from a law firm was released this week by Old Dominion University, shedding light on an independent investigation into allegations of misconduct by a visiting professor dating back to 2010 Report: ODU\u2019s response to sexual misconduct accusations against visiting professor didn\u2019t violate the law, but university should have done more 30 2/21/25, 7:53 Report: ODU\u2019s response to sexual misconduct accusations against visiting professor didn\u2019t violate the law, but university should hav\u2026 1/10 According to the report from law firm Nixon Peabody LLP, no \u201cTitle VII, Title IX, or any other applicable law or policy\u201d was violated by the university, but should have done more to address the allegations against former Visiting Professor Blake Bailey. In June said it would commission an independent investigation into the allegations. The report, which looked at the accusations against Bailey and whether adequate reporting channels were available, was released Monday by the Board of Visitors. The Virginian-Pilot first reported allegations against Bailey in a lengthy investigation published June 10. In that investigation, the Pilot detailed how more than a dozen people said Bailey \u2014 who filled the Mina Hohenberg Darden Chair in Creative Writing \u2014 harassed and abused multiple women while he was at the unveristy. The Pilot also said administrators never fully addressed concerns voiced at the time. The university initially denied it declined to address the concerns. Bailey also denied the allegations through his attorney. In the wake of the allegations, more than 110 university staff also signed a letter announcing their support of the women making the allegations. However, the report released Monday found that Bailey touched a professor inappropriately without her consent and engaged in \u201cunwanted physical touching and attention toward a graduate student.\u201d The report also found certain members of the faculty and administrators were aware of the incidents. The university said it was making the report public \u2014 with the exception of a few redactions to protect the privacy of some victims \u2014 because it wanted to be transparent. \u201cThe University is voluntarily making the report public to support full transparency in this matter and in recognition of the significant public interest in ensuring that Old Dominion will commission independent inquiry into sexual harassment allegations against former visiting professor Blake Bailey > Next > Cancel \u2715 Next story in > Cancel Next story in 2/21/25, 7:53 Report: ODU\u2019s response to sexual misconduct accusations against visiting professor didn\u2019t violate the law, but university should hav\u2026 2/10 provides a safe and welcoming environment for all individuals, and to demonstrate its commitment to combatting sexual misconduct,\u201d the university wrote on its website Monday. Following the release of the report Monday, the Board of Visitors released a statement in response to its findings. \u201cThe sexual misconduct described in the report, as well as the University\u2019s inadequate response to it at the time, are wrong and unacceptable,\u201d said Board of Visitors Rector Bruce Bradley after the report had been presented to and reviewed by the University\u2019s Board. \u201cSince that time, the University has taken steps to prevent activity like this occurring in the future and to ensure that if it does occur that individuals will feel empowered to report it in the knowledge that will respond swiftly, appropriately, and effectively. We express our sincere regret on behalf of the University that these events happened, that members of our Monarch family experienced them, and that our response was not what it should have been.\u201d Regarding the University\u2019s statement to The Virginian-Pilot, the Rector said, \u201cPresident Broderick apologized for the University at the time, and we again express our regret. We are also concerned by the report\u2019s finding that no female administrators, including the University\u2019s assistant vice president overseeing communication, its Title coordinator, or anyone from the Office of Institutional Equity and Diversity, were involved in developing or reviewing the statement. The University has taken steps to ensure that statements to the media are properly reviewed and that the process will include women and all appropriate officials.\u201d Then President John R. Broderick also issued a statement in June apologizing to the women and promised he would set up a task force to review current university policies. On Monday said while much has changed since 2010 when the incidents first took place, it was committed to doing better \u201cSince becoming President in July 2021, Brian O. Hemphill, Ph.D., has made it a priority to strengthen those practices even further. At the beginning of the current academic year, ODU\u2019s Police Department launched the \u201cStart by Believing\u201d initiative to ensure that police not only investigate complaints thoroughly but, equally important, treat complainants with > Next > Next story in > Next story in 2/21/25, 7:53 Report: ODU\u2019s response to sexual misconduct accusations against visiting professor didn\u2019t violate the law, but university should hav\u2026 3/10 compassion and support and thereby encourage the reporting of misconduct,\u201d the university said. The university\u2019s initiative includes a public awareness campaign on how to respond to and help those who have been sexually assaulted. Download the News App to keep up with the latest news, weather and sports from 10. Available in both the Apple and Google Play stores. Copyright 2025 Nexstar Media Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed Cult-favorite Yankee Candles are 50% off on Amazon / 8 Hours Ago Fan-favorite Yankee Candles are majorly discounted at Amazon right now. Save up to 50% while supplies last > Next > Next story in > Next story in 2/21/25, 7:53 Report: ODU\u2019s response to sexual misconduct accusations against visiting professor didn\u2019t violate the law, but university should hav\u2026 4/10 Which earbuds are best for phone calls / 9 Hours Ago Through Bluetooth technology, mobile phones pair with headphones or earbuds, letting you safely talk to your loved ones while keeping your hands free. 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News Video Weather Traffic Investigative Sports Show Living Local Jobs Experts About Us About Our Ads Public File Report Children\u2019s Report Public File Report 3 Legal Sea Foods in permanently closes doors 4 Three hurt, including firefighter, after Norfolk \u2026 5 Re-freeze causes dangerous roads in Hampton Roads > Next > Next story in > Next story in 2/21/25, 7:53 Report: ODU\u2019s response to sexual misconduct accusations against visiting professor didn\u2019t violate the law, but university should hav\u2026 9/10 Get News App Get Weather App Stay Connected Privacy Policy 11/18/2024 Terms Of Use Applications Public File Assistance Contact The Hill NewsNation BestReviews Content Licensing Nexstar Digital Journalistic Integrity Sitemap Do Not Sell or Share My Personal Information \u00a9 1998 - 2025 Nexstar Media Inc. \| All Rights Reserved > Next > Next story in > Next story in 2/21/25, 7:53 Report: ODU\u2019s response to sexual misconduct accusations against visiting professor didn\u2019t violate the law, but university should hav\u2026 10/10", "8815_102.pdf": "NORFOLK, Va. (AP) \u2014 Virginia\u2019s Old Dominion University will commission an independent inquiry into allegations of sexual assault and other misconduct against a former visiting professor, school president John Broderick said in a letter to the university community on Thursday. The allegations are against Blake Bailey, a visiting professor to the state school in Norfolk from 2010 to 2016 and author of a widely noted biography of the writer Philip Roth. Bailey is already facing allegations elsewhere. Earlier this year, two former middle school students in New Orleans and a book publishing executive alleged that Bailey had sexually assaulted them. He\u2019s denied any wrongdoing. The Virginian-Pilot reported earlier this month that several women told the newspaper that Bailey sexually harassed and abused them during his time at Old Dominion University. The women also said administrators failed to adequately respond to their concerns. \u201cIt is clear the university\u2019s initial response caused pain to members of our community,\u201d Broderick wrote in Thursday\u2019s letter. Broderick said is awaiting guidance from Virginia\u2019s Office of the Attorney General regarding who should conduct the review. \u201cIt is essential to me that we obtain a truly independent report on the matter and that we be able to assure our campus community that sexual harassment and other misconduct will not be tolerated,\u201d Broderick wrote. Bailey\u2019s lawyer, Billy Gibbens, told The Virginian-Pilot earlier this month that the allegations are false and not worthy of publication. University: Allegations against ex prof will be investigated Published 9:52 CST, June 25, 2021 Trump administration Maine governor Postal Service Voletta Wallace Beard ban 2/21/25, 7:54 University: Allegations against ex prof will be investigated News 1/3 Bailey faced multiple allegations of sexual harassment and abuse before the Pilot\u2019s reporting on ODU. Earlier this year, the Los Angeles Times, the New Orleans Times-Picayune and the among others featured extensive, on-the-record quotes from former students of Bailey while he was a New Orleans middle school teacher in the 1990s. The former students alleged a pattern of inappropriate behavior while he was a teacher, and that he later pursued sexual relationships. Two former students and book publishing executive Valentina Rice have alleged he assaulted them. Rice\u2019s account first appeared in The New York Times and was confirmed by Rice to the AP. In late April, Gibbens, Bailey\u2019s attorney, described the allegations as \u201cfalse and unsubstantiated 2/21/25, 7:54 University: Allegations against ex prof will be investigated News 2/3 Vatican says Pope Francis is \u2018improving slightly\u2019 as cardinals acknowledge resignation is possible Trump\u2019s attempts to denigrate Zelenskyy have led to a surge in Ukrainian unity Israel identifies remains of child hostages but says another body from Hamas was not their mother Could Trump really return savings to taxpayers sues 3 Trump administration officials, citing freedom of speech 1 2 3 4 5 2/21/25, 7:54 University: Allegations against ex prof will be investigated News 3/3", "8815_103.pdf": "\uf39e \uf16d \ue61b \uf09e Friday, Feb. 21, 2025 Search \uf002 \uf086 \uf164 \uf39e \ue61b \uf0e0 \uf02f News Former Professor Faces Sexual Assault and Harassment Allegations Photo Courtesy of Allen J. Schaben, Los Angeles Times via Getty Images; W.W. Norton By Paula Phounsavath, Editor in Chief December 20, 2021 Originally published June 15, 2020. Many women and faculty members have come forward telling their story former Creative Writing professor, Blake Bailey, is facing numerous sexual harassment and assault allegations from students and faculty members. Bailey, a once\u2013established author and biographer of the novel, \u201cPhilip Roth: The Biography,\u201d has been accused of inappropriately touching, harassing and assaulting\u2014 including threatening and attempting to rape\u2014graduate students and English faculty members during his residency from 2010 to 2016 The MacArthur General Store New Community Staple for Farm to Table Goods By Reagan Williams, Assistant Arts and Entertainment Editor Releases AI-Powered Platform for Faculty and Staff By Catherine Benedict, Technology Editor Trumps Signs Executive Order Banning Transgender Athletes from Women\u2019s Sports By Trinity Lee, News Editor Monarchs Fall to Toledo 56- 52 in Close Battle in MAC/Sun Belt Challenge By Abbey Baltich, Contributing Writer Hibernation, Incubation, Innovation: How This Art Exhibit is Transforming the Vision of ODU\u2019s Art Professors By Brooke Mullins, Staff Writer Monarchs Dominate the Boards, Power Past Texas State on Fraternity & Sorority Night By Art Neal, Assistant Sports Editor \uf086 \uf164 \uf39e \ue61b \uf0e0 \uf02f An investigative report by the Virginian-Pilot had received anonymous tips to look into Bailey\u2019s time at after The New York Times came out with allegations dating back from the 90s. The Pilot reported a graduate student, who never identified themselves out of potential retaliation from the University, stated that they were inappropriately touched by Bailey by tightening his grip on the student\u2019s arms when they were at a bar. The student recalled was scared, so told him, \u2018You\u2019re making me uncomfortable.'\u201d The graduate student then used their self-defense by dropping their weight while ripping themselves from Bailey\u2019s grip. Bailey was \u201csorry\u201d that the graduate student \u201cmisinterpreted\u201d his actions. There were also many incidences of a distinguished linguist professor Dr. Bridget Anderson, faced with her encounters with Bailey. She confirmed with the Pilot about the encounters from when he was a professor all in her journal entries. In April 2010, they and other graduate students were at an annual creative writer\u2019s retreat in Sandbridge. Things were seemingly fine, initially, until the night progressed. During the evening after the graduate students left, Anderson and two other English professors, Kevin Moberly and John McManus, were in a hot tub, Bailey chimed in. He then tried to grab her crotch area. Anderson screamed and jumped away from Bailey, as he grabbed her again and pulled her back to him \uf086 \uf164 \uf39e \ue61b \uf0e0 \uf02f he grabbed her again and pulled her back to him. Moberly then forcibly separated Bailey from Anderson had to struggle to get out of his lap,\u201d Anderson recalls to the Virginian-Pilot. During a faculty meeting in 2012, Bailey tried to put his hand on Anderson\u2019s leg they were both sitting down. She got up and left the room, only to be cornered by Bailey in the mailroom. She pulled a knife out of self-defense. It was then that Bailey completely stopped talking to her, including facing her. The survivors went to report to Dr. Luisa Igloria, the master\u2019s program departmental chair, but while the complaints were well-aware of, the University did not implement much into these complaints\u2013despite a number of complaints to the chair, various faculty members and rumors quietly swirling around the English department. Many more female students had reported Bailey to their professors, but the University often brushed these allegations under the rug and gave Bailey a warning. Bailey then left the University in 2016. The Editor-in-Chief has reached out to Dr. Bridget Anderson for a comment but has received no response yet. The University\u2019s and the College of Arts & Letters\u2019 Response Once the story from the Pilot came out, the University response to Anderson\u2019s accounts of Bailey. According to the response, it says that the incident between Anderson d il \u201c l \u201d \uf086 \uf164 \uf39e \ue61b \uf0e0 \uf02f and Bailey was \u201cconsensual few days later, the ODU\u2019s English department had over 220 signatures from current faculty members demanding an apology for the University\u2019s poor response, \u201cWe, as faculty, students and staff, wish the public to know that the official statement released by does not represent the beliefs of the community.\u201d The letter demanded, \u201c1. issue an apology to Dr. Anderson, Liz Agento, and the unnamed women who were disparaged by ODU\u2019s social statement published in The Virginian- Pilot on June 10, 2021 2. terminate the university\u2019s partnership with the firm Kaufman & Canoles, P.C. and seek legal counsel that better exemplifies the values of ODU\u2019s mission statement 3. investigate accusations against Bailey thoroughly and with the utmost care and support for the survivors 4. propose a detailed plan of action written with the input of women and other gender minorities at every rank at on how to make amends to past victims of sexual misconduct at and to ensure the support of future victims who come forward.\u201d President Broderick issued an \u201capology\u201d towards the survivors on Monday in regards to the allegations against Bailey, \u201cOn behalf of the University apologize to Dr. Bridget Anderson, Elizabeth Argento and any other victims for the pain they have experienced.\u201d The president also says that he shall implement a \u201ctask force\u201d to reform the policies for the workplace, \u201cThe goal \uf086 \uf164 \uf39e \ue61b \uf0e0 \uf02f of the task force will be to review all of our existing policies and practices for a safe and equitable workplace and to examine the ways we empower and educate our faculty, administrators, staff and students in these matters.\u201d He continues, \u201cThe task force, in addition to reviewing our practices and procedures, will recommend best practices to address findings.\u201d On Wednesday, ODU\u2019s Assistant Vice President for Strategic Communication & Marketing Strategic Communication & Marketing, Giovanna Genard, released a statement regarding the \u201ctask force\u201d co- chairs, \u201cPresident Broderick today announced that Dr. Mona Danner, professor and chair of the Department of Sociology and Criminal Justice, and Dr. Kate Hawkins, vice provost for faculty affairs and strategic initiatives, have agreed to chair the task force to review our policies for a safe and equitable workplace and to examine ways to strengthen those policies and further empower and educate our faculty, administrators, staff and students in these matters.\u201d This is not the first time Bailey has been accused. Back in 2015, allegations surfaced from two women who came forward that were taught by Bailey when he was a middle school teacher in the 90s. The New York Times reported that he groomed his eighth-grade students for sex. The story also said that Bailey raped Valentina Rice, a publishing executive. Even then Bailey denied the allegations. \uf086 \uf164 \uf39e \ue61b \uf0e0 \uf02f Cynthia Vacca Davis, a former creative writing graduate student at and a current adjunct faculty member at Christopher Newport University, wrote an op-ed on the Medium back in April of working with Blake Bailey during a writer\u2019s workshop one semester. She was not assaulted, nor harassed by the disgraced author. However, Davis was surrounded by a toxic work environment that contributed to his abuse of power. \u201cThe Blake Bailey knew was cocky and brash with a head so big you marveled that he didn\u2019t topple beneath the weight.\u201d She wrote in her op-ed. We reached out to Davis to discuss her time in the creative writing department in 2013 when Bailey was around. Davis had her initial workshop with professor Micheal Pearson, but Bailey was an option she chose for another writer\u2019s workshop that semester. She emphasized that Bailey never failed to brag about his success and best-selling autobiography to his students. She recalls, \u201cHe was on his on way up at his career at that time and we didn\u2019t have a lot of notable names in the program.\u201d \u201cHe\u2019s a terrible teacher,\u201d Davis tells us when she recalls that specific event she wrote for her op-ed. She submitted a humorous piece for a workshop day. Bailey snide her work and that Davis should quit the humor and turn to, \u201cthe darker elements of life.\u201d During his time at ODU, Bailey would often assign his students to write about their traumatic experiences, this is a modus operandi that most perpetrators would do to pinpoint who is emotionally vulnerable. Bailey, of course, did this teaching method to his students, which served as a shooting target for his victims. \uf086 \uf164 \uf39e \ue61b \uf0e0 \uf02f My sense was that they\u2019re [the University] keeping him because of the name recognition. \u2014 Cynthia Davis As a result of accusations from the NYTimes, Bailey was dropped by his publishing company, W.W. Norton, in April 2021. His former publisher stated, \u201cThese allegations are serious. In light of them, we have decided to pause the shipping and promotion of \u2018Philip Roth: The Biography\u2019 pending any further information that may emerge.\u201d Bailey is now with another publisher. While Bailey was often seen as a \u201cliterary star,\u201d there seems to be a fine line between separating the \u201cart\u201d from the \u201cartist.\u201d Although Davis is a creative writer, she says it\u2019s still such a big question for how the University should separate the two boundaries. \u201cThese are questions that we all have to ask ourselves, it comes in a full circle.\u201d She says. \u201cI\u2019m very lukewarm that he got a new publisher and that the book (\u201cPhilip Roth: The Biography\u201c) is going to survive because the book is problematic with its misogynistic tone. That is a very fraught question, but it\u2019s worthy of consideration.\u201d The Editor-in-Chief\u2019s Note: The Mace and Crown have been given permission to obtain documents and quotes from the survivors from the two published Virginian-Pilot stories, the University and the faculty members\u2019 response. Names have already been redacted in the University\u2019s statement from the Virginian-Pilot. Dr. Jerem Saks the ad isor as one of the English \uf086 \uf164 \uf39e \ue61b \uf0e0 \uf02f Jeremy Saks, the advisor, was one of the English professors added his signature on the English department\u2019s response. Paula Phounsavath, the Editor- in-Chief of the Mace & Crown has also written her signature on the response. Statement in support of survivors of sexual misconduct, harassment, and assault, which can be signed by students and faculty here. Editor\u2019s Note on 12/20/21: The first published version of this story included two PDFs: the University\u2019s statement, and a letter from English department faculty demanding an apology. They are no longer inserted as forms, but have been attached through hyperlinks to the respective sentences that they refer to final document link leading to the statement that students and faculty can sign has been hyperlinked as well; in the original print it was not hyperlinked and included instead as the full link. These changes have been made for clarity and a better reading experience. Paula Phounsavath is a senior majoring in English with a concentration in Journalism and a minor in Health and Wellness. She's currently the Editor-in-Chief... Paula Phounsavath, Editor in Chief Leave a Comment About the Contributor Mace & Crown Providing Student News to Old Dominion University S\u2026 \uf39e \uf16d \ue61b \uf09e Home Staff About FAQs Contact Us \uf086 \uf164 \uf39e \ue61b \uf0e0 \uf02f \u00a9 2025 Pro WordPress Theme by \u2022 Log in Jobs \uf086 \uf164 \uf39e \ue61b \uf0e0 \uf02f", "8815_104.pdf": "O.D.U. Alert: Due to winter weather will close all campus locations for Friday, Feb. 21 Weather Update ( \uf057 Today, the Old Dominion University Board of Visitors is releasing the report from Nixon Peabody LLP, which reviewed allegations concerning sexual misconduct that began in 2010 by former Visiting Professor Blake Bailey and the University's response to, and its subsequent public comments concerning, that misconduct. The University is voluntarily making the report public to support full transparency in this matter and in recognition of the significant public interest in ensuring that Old Dominion provides a safe and welcoming environment for all individuals, and to demonstrate its commitment to combatting sexual misconduct. Full text of the report can be found here ( report.html#.Yb00L9bMJb8). Please note that only a small number of redactions were made to the report solely to protect the privacy of certain victims, including several who had not been previously named in the media, as well as the content of Statement of the Old Dominion University Board of Visitors Concerning the Report of Nixon Peabody \uf133 December 20, 2021 Share \uf39e \uf099 \uf0e1 \uf0e0 (/) Apply (/apply) Visit (/visit- campus) Give ( myODU ( Men \uf0c9 () personal journal entries. Background Earlier this year, The Virginian-Pilot newspaper published an article describing alleged sexual misconduct by then Visiting Professor Bailey (who was at from 2010 to 2016) and suggesting that the University's response at the time had been insufficient statement given to the newspaper by the University for that article was widely considered to be insensitive to victims of sexual misconduct. Consequently, in August of 2021, the University engaged Nixon Peabody LLP, a widely respected law firm with no other connections to the University, to review (1) the allegations concerning Professor Bailey's conduct and the University's response to it, and (2) the circumstances surrounding the University's 2021 statement to The Virginian-Pilot. The Report's Findings Bailey's conduct and the University's response to it: The Nixon Peabody report found that Professor Bailey touched a professor's private parts without her consent and also engaged in unwanted physical touching and attention toward a graduate student. It also found that certain members of the faculty and administrators became aware of these incidents. The report also concludes that \"although there may have been no clear violation of Title VII, Title IX, or any other applicable law or policy, best practices dictate that should have done more to address the Bailey allegations at the time.\" The 2021 statement to The Virginian-Pilot: The Nixon Peabody report found that the University's statement improperly \"blamed complainants, instead of providing the care and support they deserve,\" and that it \"made appear indifferent to the issues of sexual misconduct.\" The University's Response \"The sexual misconduct described in the report, as well as the University's inadequate response to it at the time, are wrong and unacceptable,\" said Board of Visitors Rector Bruce Bradley after the report had been presented to and reviewed by the University's Board. \"Since that time, the University has taken steps to prevent activity like this occurring in the future and to ensure that if it does occur that individuals will feel empowered to report it in the knowledge that will respond swiftly, appropriately, and effectively. We express our sincere regret on behalf of the University that these events happened, that members of our Monarch family experienced them, and that our response was not what it should have been.\" Regarding the University's statement to The Virginian-Pilot, the Rector said, \"President Broderick apologized for the University at the time, and we again express our regret. We are also concerned by the report's finding that no female administrators, including the University's assistant vice president overseeing communication, its Title coordinator, or anyone from the Office of Institutional Equity and Diversity, were involved in developing or reviewing the statement. The University has taken steps to ensure that statements to the media are properly reviewed and that the process will include women and all appropriate officials Clear Commitment to Doing Better With the increase in federal regulation and compliance, as well as the University's own review of its policies and procedures, much has changed since 2010 when these incidents took place. As a society, we have gained a much greater appreciation of the need to empower victims to report instances of sexual misconduct and the corresponding need for institutions to take those reports seriously and investigate them thoroughly has changed as well, and over the course of those 11 years has taken a variety of steps to empower individuals to report sexual misconduct and to strengthen the University's response. \"We believe that if these policies and procedures had been in place in 2010, the outcome would likely have been different,\" Rector Bradley said. Since becoming President in July 2021, Brian O. Hemphill, Ph.D., has made it a priority to strengthen those practices even further. At the beginning of the current academic year, ODU's Police Department launched the \"Start by Believing\" initiative to ensure that police not only investigate complaints thoroughly but, equally important, treat complainants with compassion and support and thereby encourage the reporting of misconduct. The initiative has included a public awareness campaign, along with a video that notes \"how we react can have lasting physical, emotional, and psychological effects on victims of sexual assault, so responding in a positive way can improve a victim's well-being and increase the chance that they will report to law enforcement and reach out for help through resources right here at ODU.\" All Monarchs are urged to respond to reports of rape or sexual assault \"by believing, being compassionate and supportive, and asking how you can help.\" The University is fully committed to learning from this experience and to proactively ensuring that Old Dominion University provides a safe and supportive environment for all members of our Monarch family (/) Apply (/apply) Visit (/visit- campus) Give ( myODU ( Men \uf0c9 () Old Dominion University, located in Norfolk, is Virginia's forward-focused public doctoral research university with more than 23,500 students, rigorous academics, an energetic residential community and initiatives that contribute $2.6 billion annually to Virginia's economy. Old Dominion, established in 1930 as the Norfolk Division of the College of William & Mary, has the most affordable tuition of any doctoral-granting university in Virginia and is the only doctoral institution to freeze tuition and fees for in-state undergraduates this year. It has been named a Best National University by U.S. News & World Report recently placed among the top 10% of institutions in the nation and No. 1 in Virginia in CollegeNET Inc.'s eighth annual Social Mobility Index (SMI) rankings. It has been named a \"top performer\" in social mobility by U.S. News & World Report and ranked fourth in country and 49th in the world for reducing inequalities in the Times Higher Education World University Rankings. Twenty-five percent of spring 2021 bachelor's recipients were first in their family to receive a degree is a champion of diversity. The University enrolled 7,000 African American students in fall 2020 - more than any other four-year public institution in Virginia, and 53% of undergraduates in fall 2020 were students of color. It was named a top- 15 university for African American student success by Education Trust enrolls students from 97 countries. Located near Naval Station Norfolk, headquarters and home port of the U.S. Navy's Fleet Forces Command is committed to serving the military community. Twenty-five percent of its student body is military-affiliated, and the University ranked No. 1 in Virginia in \"Best for Vets\" category by Military Times. The University has been a leader in virtual learning, offering more than 100 programs completely online is ranked as the No. 1 Virginia college by OnlineColleges.com; 68% of students participate in online learning and 28% are totally online new Chemistry Building and Hugo A. Owens House opened this spring. The Chemistry Building features 24 research labs, 13 teaching labs and a 122-seat planetarium and digital theater. Owens House provides living-learning communities for students in fields and is named for a local civil rights leader who was Old Dominion's first African American rector. The University also broke ground for a new Health Sciences Building. The University previously announced a partnership with Eastern Virginia Medical School, Norfolk State University and Sentara Healthcare to establish the new School of Public Health and, most recently, additional collaborations were announced with regard to education, research, clinical, and workforce efforts in order to address significant health disparities in the region. More than 4,600 students are enrolled in the Graduate School, which was established in 2016. They come from all 50 states and nearly 100 countries. (/) \uf3c5 5115 Hampton Blvd Norfolk 23529 ( 76.3058746) \uf2bbContact (/about/contact) \uf39e ( \ue61a ( \uf16d ( \uf167 ( \uf0e1 ( Resources Employment (/employment) Directories (/directory) University Libraries (/library) Alumni (/alumni) (/) Apply (/apply) Visit (/visit- campus) Give ( myODU ( Men \uf0c9 () Legal Legal & Compliance (/legal-compliance) Privacy (/privacy) Accessibility (/accessibility) Health & Safety (/life/health-safety) Emergency Management (/emergency) Visit Visit (/visit-campus) Transportation & Parking (/transportation-parking-services) Campus Map (/map) Copyright \u00a9 Old Dominion University \u2022 Updated 2023 Choose Language English (/) Apply (/apply) Visit (/visit- campus) Give ( myODU ( Men \uf0c9 ()", "8815_105.pdf": "In his forthcoming memoir Blake Bailey portrays himself as a victim of \u2018ominous forces\u2019. Photograph: Allen Schaben/Los Angeles Times/Getty Images Books This article is more than 2 years old Blake Bailey, biographer accused of harassment and rape, to publish memoir Bailey\u2019s book on Philip Roth was pulled after former students said he abused them Ramon Antonio Vargas in New Orleans Wed 27 Jul 2022 21.33 The author of a Philip Roth biography that was taken out of print by its original publisher last year after allegations that he raped multiple women and groomed his former middle school students for sexual encounters when they were older is gearing up to publish a memoir billed as a warning tale of so-called cancel culture. Blake Bailey\u2019s latest work is scheduled to be printed by the controversial Skyhorse Publishing, which picked up his Roth book and an earlier memoir 2/21/25, 7:54 Blake Bailey, biographer accused of harassment and rape, to publish memoir \| Books \| The Guardian 1/6 after Norton took it out of print and pledged to donate money to sexual abuse organizations equaling the advance it had paid to the biographer. The publishing giant Simon & Schuster has an agreement to distribute Skyhorse\u2019s titles, which include a book from far-right conspiracy theorist Alex Jones as well as a memoir by Roger Stone, the Donald Trump ally who received a pardon from the former president after being charged by federal officials investigating Russian interference during the 2016 election. Eve Crawford Peyton, who publicly accused Bailey of raping her as an adult after being a student of his at New Orleans\u2019 Lusher middle school in the 1990s, said Wednesday it was \u201cdisappointing but not surprising\u201d that her ex- teacher was writing a memoir in which he portrayed himself as the victim of cancel culture told my story told the truth, and have no further comment,\u201d Peyton said in a statement. Bailey, in statements made through an attorney, has previously conceded exhibiting \u201cdeplorable\u201d behavior but has denied ever breaking the law. Bailey\u2019s 900-page volume on Roth landed on the New York Times bestseller list in the spring of 2021 and drew praise from some reviewers, though others criticized the biographer for coming off as overly sympathetic to his subject\u2019s ill treatment of women during his storied literary career. Among those who found Bailey, 59, too forgiving of Roth\u2019s misogyny were several of his former students at Lusher, who spoke out about encounters they had with him because they found it traumatic to see his profile soar after his earlier biographies on literary stars John Cheever and Richard Yates were published number of former students whom Bailey taught as eighth-graders in the 1990s said he maintained contact with them for years, presenting himself as a life and career mentor. They gave public interviews to local and national media outlets about unwelcome sexual experiences with him early in their adulthood, with Peyton describing how he had raped her. Their accounts prompted a publishing executive named Valentina Rice to go public with her accusation that Bailey had raped her in 2015 while they were both overnight guests at the home of a New York Times book critic Norton subsequently took the Roth biography and a 2014 memoir by Bailey out of print permanently while also promising a six-figure donation to 2/21/25, 7:54 Blake Bailey, biographer accused of harassment and rape, to publish memoir \| Books \| The Guardian 2/6 organizations battling sexual abuse. Within weeks, Skyhorse announced plans to republish Bailey\u2019s Roth book, following through even after Bailey faced additional accusations of abuse and harassment at Virginia\u2019s Old Dominion University, where he taught as a visiting professor more recently law firm hired by Old Dominion investigated those allegations and issued a 92-page report which concluded that Bailey sexually assaulted and harassed at least two women at the university. Administration officials knew the incidents but failed to hold him accountable for them, according to the Virginian-Pilot newspaper. If Skyhorse\u2019s publicity is to be believed, Bailey\u2019s upcoming memoir \u2013 an e- book titled Repellent \u2013 portrays him as falling prey to \u201cominous forces\u201d seeking to cancel him and Roth over their being \u201cfallible human beings\u201d. The book promises a self-reflection from Bailey on his \u201cwayward behavior\u201d while also purporting to muse \u201con the extent to which writers\u2019 personal lives should affect the perception of their work\u201d. The website lithub.com on Tuesday was first to report on Repellent, whose scheduled release date is in April 2023. \u201cWhile we do not, under any circumstances, have to hand it to Skyhorse \u2026 their brand is extremely consistent,\u201d the website wrote in its piece on Repellent. 2/21/25, 7:54 Blake Bailey, biographer accused of harassment and rape, to publish memoir \| Books \| The Guardian 3/6 Most viewed 2/21/25, 7:54 Blake Bailey, biographer accused of harassment and rape, to publish memoir \| Books \| The Guardian 4/6 2/21/25, 7:54 Blake Bailey, biographer accused of harassment and rape, to publish memoir \| Books \| The Guardian 5/6 2/21/25, 7:54 Blake Bailey, biographer accused of harassment and rape, to publish memoir \| Books \| The Guardian 6/6", "8815_106.pdf": "Survivors' Rights Old Dominion University Student & Faculty Sexual Abuse Investigation Lieff Cabraser is investigating reports of the sexual assault and harassment of students and professors by at least one member of the faculty at Old Dominion University report released December 20th, 2021, reviewed multiple sexual misconduct allegations made against Professor Blake Bailey while he worked at between 2010 and 2016, as well as the university\u2019s response to the abuse allegations. While acknowledging that author and biographer Bailey sexually assaulted and harassed at least two women while working as a visiting professor at Old Dominion, the report revealed that administration leaders who knew of Bailey\u2019s assaults failed to hold him responsible or help the women he harmed. The report also called out recently retired Old Dominion President John Broderick, describing him as defensive, evasive and combative during two interviews with investigators. Old Dominion hired an outside law firm to investigate allegations that Bailey \u2014 winner of multiple national writing awards \u2014 sexually assaulted and harassed multiple women during his time at the university. According to the report, the women included a female professor, a visiting writer, and two graduate students. Old Dominion University, located in Norfolk, is a public research university with more than 24,000 students and over 900 faculty Read more information about Lieff Cabraser\u2019s work on behalf of survivors and victims of sexual abuse and sexual violence. You Are Not Alone How Our Lawyers Can Help What to Expect in a Survivors\u2019 Lawsuit Cases & Investigations Expert Advocacy for Your Case News & Updates Survivor Stories Survivor Resources Manage consent Practice Areas Contact Attorneys Cases Our Firm News Lieff Cabraser Europe \uf002 2/21/25, 7:54 Old Dominion University Student & Faculty Sexual Abuse Investigation \u2013 Lieff Cabraser 1/3 Contact us Lieff Cabraser partner Annika K. Martin is leading the investigation by our firm on behalf of students and faculty who allege they were sexually abused and/or harassed at Old Dominion University. You can contact Annika by telephone at 212 355-9500 or you can use the confidential form below. There is no charge or obligation for your outreach, and all information will be held in the strictest confidence. First Name (required) Last Name (required) Email address (required) Street Address City State Zip Telephone How did you find our site? Are you currently represented by an attorney? \u2014Please choose an option\u2014 Please Select \u2014Please choose an option\u2014 \ue61f \ue61f \ue61f Manage consent 2/21/25, 7:54 Old Dominion University Student & Faculty Sexual Abuse Investigation \u2013 Lieff Cabraser 2/3 Lieff Cabraser's lawyers represent clients in individual, group, and class action lawsuits in federal courts nationwide. We have affiliations in specific cases with attorneys licensed to practice in almost every state court in the U.S. We also are affiliated with Rochon Genova, a law firm in Canada, and serve as co-counsel in lawsuits filed in Canada. We do not engage in client data-sharing. This website may be considered an advertisement in certain jurisdictions. 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Please read our disclaimer. privacy \| careers \| employee login German Legal Notices Contact Us 275 Battery Street, Suite 2900 San Francisco 94111 Phone: +1.415.956.1000 Fax: +1.415.956.1008 Email: [email protected] Web: 250 Hudson Street, 8th Floor New York 10013 Phone: +1.212.355.9500 Fax: +1.212.355.9592 Email: [email protected] Web: 222 2nd Ave. South, Suite 1640 Nashville, Tennessee 37201 Phone: +1.615.313.9000 Fax: +1.615.313.9965 Email: [email protected] Web: Frauenplatz 2, 80331 Munich Germany Phone: +49.89.2555.2361 Fax: +49.89.2555.2359 Email: [email protected] Web: munich.lieffcabraser.com To the extent you feel comfortable, please describe your experience \u00a9 Copyright 2025 \| Lieff Cabraser Heimann & Bernstein \| All Rights Reserved Manage consent 2/21/25, 7:54 Old Dominion University Student & Faculty Sexual Abuse Investigation \u2013 Lieff Cabraser 3/3", "8815_107.pdf": "26, 2021 By Date: November 30, 2021 Table of Contents Page i .......................................................................................................................... 1 ............................................................................................................................ 2 A. Title of the Education Amendments of 1972 ..................................................... 2 1. Case Law ..................................................................................................... 3 2. Regulations ................................................................................................. 4 3. Relevant Administrative Guidance ............................................................. 5 B. Title of the Civil Rights Act of 1964 .............................................................. 10 C. Virginia Human Rights Act .................................................................................. 12 D. The Clery Act and the Violence Against Women Reauthorization Act ............... 13 E. Old Dominion University Policies ........................................................................ 14 1. Policies Concerning Sexual Harassment .................................................. 14 2. Policies Concerning Sexual Assault ......................................................... 18 3. Policy Concerning Stalking ...................................................................... 21 F. Relevant Parties .................................................................................................... 22 .......................................................................................................... 24 A. Allegations against Blake Bailey .......................................................................... 24 B. Reporting of the Allegations and ODU\u2019s Response ............................................. 25 1. Professor Bridget Anderson ...................................................................... 26 2. Graduate Students ..................................................................................... 28 3 and the Title Coordinator .......................................................... 29 C. Violations of Policies, Title VII, and Title ............................................. 30 1. Individual Employees\u2019 Obligations to Report Allegations of Sexual Harassment ................................................................................................ 30 2. ODU\u2019s Response to Allegations of Sexual Harassment ........................... 33 D. Drafting of the May 26, 2021, Statement ............................................................. 34 ........................................................................................................................ 37 A. Scope of the Investigation ..................................................................................... 37 B. Interviews Conducted ........................................................................................... 37 C. Materials Reviewed .............................................................................................. 40 .............................................................................................................. 41 A. Allegations against Blake Bailey .......................................................................... 42 1. Bailey and Professor Bridget Anderson .................................................... 42 2. Bailey and Graduate Students ................................................................... 59 3. Bailey\u2019s interaction with a visiting writer in October 2011 ...................... 61 B. Reports of Bailey\u2019s Actions and ODU\u2019s Response .............................................. 63 1. Professor Bridget Anderson ...................................................................... 63 Table of Contents (continued) Page ii 2. Graduate Students ..................................................................................... 73 3. The Visiting Writer ................................................................................... 76 4 and the Title Coordinator .......................................................... 77 C. The May 26, 2021, Statement to The Virginian-Pilot .......................................... 84 1. The Virginian-Pilot Inquiry and Retention of Outside Counsel ............... 84 2 Legal Department\u2019s Investigation ................................................... 86 3. Drafting and Editing of the May 26, 2021, Statement .............................. 88 4. The Virginian-Pilot June 10, 2021, Article and ODU\u2019s Response ........... 90 ............................................................................................................................. 92 iii Page(s) Federal Cases Davis v. Monroe County Board of Education, 526 U.S. 629 (1999) ............................................................................................................................... 3 Gebser v. Lago Vista Independent School District, 524 U.S. 274 (1998) ............................................................................................................................... 3 McIntyre-Handy v. W. Telemarketing Corp., 97 F. Supp. 2d 718 (E.D. Va. 2000) ..................................................................................................... 12 Preston v. Comm. of Va. ex. rel. New River Cmty Coll., 31 F.3d 203 (4th Cir. 1994) .............................................................................................................. 4, 11 Federal Statutes 20 U.S.C. \u00a7 1092(f) (the \u201cClery Act\u201d) ........................................................................................................ 13 20 U.S.C. \u00a7 1681(a) (\u201cTitle IX\u201d) .................................................................................................................. 2 20 U.S.C. \u00a7 1682 ........................................................................................................................................... 4 42 U.S.C. \u00a7 2000e (\u201cTitle VII\u201d) .................................................................................................................. 10 42 U.S.C. \u00a7 2000e-3(a) ............................................................................................................................... 11 42 U.S.C. \u00a7 2000e-5(e)(1) ........................................................................................................................... 12 Violence Against Women Reauthorization Act .................................................................................... 13, 41 State Statutes Va. Code Ann. \u00a7 2.2-522 ............................................................................................................................ 12 Va. Code Ann. \u00a7\u00a7 2.2-3900(B), 2.2-3901, & 2.2-3905(B), Virginia Human Rights Act ........................... 12 Regulations 29 C.F.R. \u00a7 1604.11(a) ................................................................................................................................ 11 29 C.F.R. \u00a7 1604.11(d) ............................................................................................................................... 12 45 C.F.R. \u00a7 86.8 ............................................................................................................................................ 4 Other Authorities Sexual Assault Policy (2008 revision) .............................................................................................. 18 iv Sexual Misconduct Policy (2011 revision) ....................................................................................... 19 Sexual Harassment Policy (1997 revision) ....................................................................................... 14 Sexual Harassment Policy (2011 revision) ....................................................................................... 16 Stalking Policy (2011 revision) ......................................................................................................... 21 Title and Sexual Harassment: Private Rights of Action, Administrative Enforcement, and Proposed Regulations, Cong. Research Serv. (Apr. 12, 2019), available at ............................................................................................................ 10 U.S. Dep\u2019t of Educ., Sexual Harassment Guidance: Harassment of Students by School Employees, Other Students, or Third Parties (Jan. 2001), available at ................................................... passim U.S. Dep\u2019t of Educ., Dear Colleague Letter (Apr. 4, 2011), available at .................................... passim Multiple allegations of sexual misconduct, as detailed in a June 2021 news article in The Virginian-Pilot (\u201cThe Pilot\u201d), have been raised against former Old Dominion University (\u201cODU\u201d or the \u201cUniversity\u201d) professor Blake Bailey (\u201cBailey\u201d) as a result of his time at the University from 2010 to 2016. This report examines those allegations, what, if anything, was reported to ODU, and whether ODU\u2019s response was appropriate under relevant law and policies. An independent review of the facts and circumstances reveals two substantiated allegations of sexual misconduct by Bailey: (1) in April 2010, Bailey grabbed Linguistics Professor Bridget Anderson (\u201cProfessor Anderson\u201d) on her unclothed vaginal area, without her consent, in a hot tub during a Creative Writing outing in Sandbridge, Virginia, and (2) in October 2010, Bailey engaged in unwanted physical touching and attention toward a graduate student at a bar near ODU\u2019s campus. Other allegations concerning Bailey\u2019s actions toward Professor Anderson, a visiting writer, and a second graduate student were investigated, as well. However, varying witness recollections exist concerning these additional events, and some witnesses with direct knowledge declined to meet with us, including the visiting writer and the graduate student from 2014. Given the passage of time\u2014approximately seven to eleven years ago, depending on the allegation\u2014and the lack of contemporaneous documents to confirm the recollections of witnesses, we were unable to make definitive findings regarding these additional allegations. We also conclude, while Bailey was still a professor at ODU, concerns over his behavior involving Professor Anderson and graduate students were brought to the attention of faculty and administrators and, in some instances, those concerns were not escalated to the Office of Institutional Equity and Diversity (\u201cOIED\u201d). However, due to the limitations of the 2 factual record we reviewed, we cannot definitively state that there were any violations of Title VII, Title IX, or other applicable law or policy in the response of administrators. This report further examines the role of the legal department and administration in the drafting and editing of the statement provided to The Pilot by the law firm of Kaufman & Canoles, P.C., on May 26, 2021 (the \u201cStatement\u201d). The Statement, ultimately published by The Pilot in full, was aggressive and dismissive toward the alleged complainants in both tone and substance, and was in some instances, factually untrue. We discuss in detail the role of particular officials in the drafting and editing of the Statement, notably former University Counsel Earl Nance, Senior Associate University Counsel James Wright, Vice President for Administration and Finance Gregory DuBois, and former President John Broderick A. Title of the Education Amendments of 1972 Title of the Education Amendments of 1972 (\u201cTitle IX\u201d) prohibits any educational program or activity receiving federal funding from discriminating on the basis of sex: No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.1 Title IX\u2019s protections apply to both students and employees. The statute does not specifically mention sexual harassment or sexual assault as constituting discrimination \u201con the basis of sex,\u201d but courts and federal agencies recognize that unwanted conduct of a sexual nature can deny or limit, on the basis of sex, a person\u2019s ability to participate in or receive benefits, services, or opportunities from a school\u2019s program. Title has consistently been interpreted to 120 U.S.C. \u00a7 1681(a). 3 apply to sexual harassment through private rights of action and administrative enforcement by the federal agencies that provide funding to educational programs. 1. Case Law Title does not define sexual harassment or delineate the circumstances under which a school or educational program may be liable for such conduct; instead, the standard for such liability has been supplied by the courts. The Supreme Court first addressed institutional responsibility for actionable sexual harassment under Title in Gebser v. Lago Vista Independent School District.2 In Gebser, the Court held that an educational institution may be liable for faculty-on-student harassment only when an \u201cappropriate person\u201d has actual knowledge of such alleged conduct, and the institution\u2019s response to those allegations is so deficient that it amounts to \u201cdeliberate indifference.\u201d3 An \u201cappropriate person,\u201d under Gebser, is \u201can official who at a minimum has authority to address the alleged discrimination and to institute corrective measures on the recipient\u2019s behalf.\u201d4 Gebser explicitly rejected the theory that an institution would be vicariously liable for such harassment. The institution\u2019s conduct, rather than the harassment itself, was also the touchstone of institutional liability in Davis v. Monroe County Board of Education,5 decided the following year. Davis expanded on Gebser\u2019s deliberate-indifference standard and explained that this \u201chigh standard\u201d requires that the institution\u2019s conduct causes a student to undergo harassment or makes the student more vulnerable to it.6 The Court clarified that an institution\u2019s response to allegations of harassment amounts to deliberate indifference only if it is \u201cclearly unreasonable in light of the 2524 U.S. 274 (1998). 3Id. at 289-90. 4Id. at 290. 5526 U.S. 629 (1999). 6Id. at 643-45. 4 known circumstances.\u201d7 Conversely, an institution is not liable under Title when its response to allegations of sexual harassment is merely not reasonable. Federal circuit courts have split regarding Title application to employment relationships. The United States Court of Appeals for the Fourth Circuit has held that an employee may bring a claim of gender discrimination under Title IX.8 2. Regulations In addition to enforcement through an implied private right of action, Title is also enforced by federal agencies that provide funding to educational programs, principally the United States Department of Education\u2019s Office for Civil Rights (OCR). Title 20 U.S.C. \u00a7 1682 authorizes and directs federal departments and agencies empowered to extend federal financial assistance to any education program or activity to effectuate the provisions of Title \u201cby issuing rules, regulations, or orders of general applicability which shall be consistent with achievement of the objectives of the statute authorizing the financial assistance in connection with which the action is taken.\u201d Pursuant to this authority, the Department of Education has established regulations under Title IX. Regulations issued in 1975, which remained in effect during the relevant time period, did not specifically address sexual harassment or sexual assault as forms of sex discrimination, but provided, among other things, for each institution to designate a responsible employee to coordinate its Title compliance efforts, and to \u201cadopt and publish grievance procedures providing for prompt and equitable resolution of student and employee complaints alleging any action\u201d discriminating based on sex.9 Subsequent regulations specifically addressing sexual 7Id. at 648 (emphasis added). 8Preston v. Comm. of Va. ex. rel. New River Cmty Coll., 31 F.3d 203, 205-06 (4th Cir. 1994) (holding that a separate right of employment discrimination exists under Title IX). 945 C.F.R. \u00a7 86.8. 5 harassment and sexual assault did not take effect until August 14, 2020, well after the relevant time period. 3. Relevant Administrative Guidance Although Gebser and Davis (and lower courts\u2019 subsequent interpretations and applications of them) supply the standards for institutional liability under Title IX, they do not define the scope of an institution\u2019s responsibilities under Title in the administrative- enforcement context. In that regard has issued a series of guidance documents setting forth its interpretation of Title with respect to sexual harassment, which has differed at times from the judicial analysis for liability under Title outlined in Gebser, Davis, and others. These guidance documents have evolved over time and previous guidance documents have been rescinded with changing presidential administrations. Such guidance does not carry the force of law; however, it is critical to the Title enforcement regime. The following discusses guidance in effect from 2010 through 2016.10 a. 2001 Revised Sexual Harassment Guidance OCR\u2019s 2001 Revised Sexual Harassment Guidance on the Harassment of Students by School Employees, Other Students, or Third Parties11 (the \u201c2001 Guidance\u201d) outlined the compliance standards uses for enforcing and investigating violations of Title in the context of sexual harassment, which it defined as \u201cunwelcome conduct of a sexual nature.\u201d12 It 10OCR withdrew the 2011 and 2014 (discussed below) in September 2017 pending the development and implementation of new Title regulations. Following this withdrawal, the Department of Education continued to rely on the 2001 Guidance. 11See Office for Civil Rights, U.S. Dep\u2019t of Educ., Revised Sexual Harassment Guidance: Harassment of Students by School Employees, Other Students, or Third Parties (Jan. 2001), available at 12Id. at 2. 6 explicitly did not address sexual harassment of employees, but noted that such conduct \u201cmay be prohibited by Title IX.\u201d13 The 2001 Guidance underscored that Title compliance requires institutions to adopt grievance procedures that provide prompt and equitable resolution of complaints of sexual harassment.14 Generally, educational institutions must respond to sexual harassment with \u201cprompt and effective action calculated to end the harassment, prevent its recurrence, and, as appropriate, remedy its effects.\u201d15 If the \u201cschool, upon notice of the harassment, responds by taking prompt and effective action to end the harassment and prevent its recurrence, the school has carried out its responsibility under the Title regulations.\u201d16 For purposes of determining whether harassment triggers a school\u2019s responsibilities under or violates Title IX, the 2001 Guidance recognized a distinction between quid pro quo harassment (which is automatically considered harassment that limits or denies a student\u2019s ability to participate in or benefit from the school\u2019s program)17 and hostile-environment harassment (which requires a fact-specific evaluation of all circumstances relevant to the situation).18 Where a teacher or employee commits harassment, the extent of the institution\u2019s responsibilities depends on whether the harassment occurred within \u201cthe context of the employee\u2019s provision of aid, benefits, or services to students\u201d (i.e., in the context of their job responsibilities).19 If it did, and the harassment limits or denies a student\u2019s ability to benefit from or participate in an educational program, then the institution must address the discriminatory conduct under the 2001 13Id. at 24 n.1. 14Id. at 19. 15Id. at iii. 16Id. at 12. 17Id. at 5. 18Id. at 5-7. 19Id. at 10. 7 Guidance and stop the behavior, prevent its recurrence, and remedy the effects of harassment for the victim.20 Even when employees commit harassment outside the scope of their job, the institution has a duty to stop the harassment and prevent its recurrence if it has notice of the behavior.21 deemed an institution to have notice of a sexually hostile environment if a \u201cresponsible employee\u201d \u201cknew, or in the exercise of reasonable care should have known\u201d of the harassment, regardless of whether the complainant uses the appropriate grievance procedures to complain of the harassment.22 responsible employee, according to the 2001 Guidance, is \u201cany employee who has the authority to take action to redress the harassment, who has the duty to report to appropriate school officials sexual harassment or any other misconduct by students or employees, or an individual who a student could reasonably believe has this authority or responsibility.\u201d23 The concept of a \u201cresponsible employee\u201d is thus broader than that of the \u201cappropriate person\u201d described in Gebser as relevant to determining institutional responsive obligations: \u201ceven if a responsible employee does not have the authority to address the discrimination and take corrective action, he or she does have the obligation to report it to appropriate school officials.\u201d24 An institution with notice of alleged sexual harassment \u201cshould take immediate and appropriate steps to investigate or otherwise determine what occurred and take prompt and effective steps reasonably calculated to end any harassment, eliminate a hostile environment if one has been created, and prevent harassment from occurring again.\u201d25 20Id. 21Id. at 11-12. 22Id. at 13. 23Id. 24Id. at 34 n.74. 25Id. at 15. 8 The 2001 Guidance set forth factors used to evaluate hostile-environment sexual harassment, which factors include the severity and frequency of the conduct and the identity of relationship between the alleged harasser and the subject of the harassment, among others.26 It explained that \u201c[t]he more severe the conduct, the less the need to show a repetitive series of incidents,\u201d and specifically cited \u201cattempts to grab any student\u2019s genital area\u201d as sufficiently severe to create a hostile environment even if the conduct is not persistent.27 With respect to the identities of the alleged harasser and victim, the 2001 Guidance noted that, \u201cdue to the power a professor or teacher has over a student, sexually based conduct by that person toward a student is more likely to create a hostile environment than similar conduct by another student.\u201d28 Under the 2001 Guidance, an institution on notice of conduct that may constitute a sexually hostile environment does not violate Title if it takes prompt and effective action to stop the harassment and prevent its recurrence.29 However, schools cannot take such action or ensure that the educational environment is free from discrimination \u201cwithout determining if sexual harassment complaints have merit.\u201d30 To make sure that schools have the information they need to evaluate and address such complaints, the 2001 Guidance stressed that institutions should train their employees to identify harassment and ensure that all responsible employees understand that they are obligated to report sexual harassment to appropriate school officials.31 b. 2011 Dear Colleague Letter On April 4, 2011 issued a Dear Colleague Letter (the \u201c2011 DCL\u201d) to supplement its 2001 Guidance. The 2011 focused particularly on sexual violence (defined as \u201cphysical 26Id. at 5-6. 27Id. at 6. 28Id. at 7. 29Id. at 12. 30Id. at 35 n.86. 31Id. at 13. 9 sexual acts perpetrated against a person\u2019s will or where a person is incapable of giving consent due to the victim\u2019s use of drugs or alcohol\u201d) and confirmed that Title IX\u2019s requirements pertaining to sexual harassment also cover sexual violence.32 This focus reflected the Department of Education\u2019s concern that sexual violence affects students\u2019 ability to feel safe in their school and thereby their opportunity to benefit fully from the school\u2019s programs and activities.33 The 2011 focused on institutions\u2019 obligations under Title with respect to peer-to- peer harassment, rather than harassment by a teacher.34 Among other things, it outlined elements of an institution\u2019s grievance procedures that deemed critical to providing \u201cprompt and equitable resolution of sexual harassment complaints.\u201d35 Perhaps most notably, the 2011 stated that, \u201cin order for a school\u2019s grievance procedures to be consistent with Title standards, the school must use a preponderance of the evidence standard.\u201d36 This represented the first guidance to impose an evidentiary standard on schools\u2019 investigations and left many institutions scrambling to review and update their policies and procedures to account for this and other new requirements discussed in the 2011 DCL. The 2011 stated that \u201c[s]chools may have an obligation to respond to student-on- student sexual harassment that initially occurred off school grounds, outside a school\u2019s education program or activity.\u201d37 Accordingly, the school must process a student\u2019s complaint in accordance with its established procedures regardless of where the conduct occurred, and consider any continuing effects of the off-campus conduct when evaluating whether there is a hostile 32Office for Civil Rights, U.S. Dep\u2019t of Educ., Dear Colleague Letter (Apr. 4, 2011), available at at 1. 33Id. at 2. 34See Office for Civil Rights, U.S. Dep\u2019t of Educ., Dear Colleague Letter (Apr. 4, 2011), available at 35Id. at 9. 36Id. at 10-11. 37Id. at 4. 10 environment on campus.38 The 2011 did not specifically address whether the same principles apply to off-campus conduct by employees, and elsewhere noted that schools\u2019 obligations in responding to sexual harassment committed by employees \u201cmay be different from those described in this letter.\u201d39 The letter referred readers to the 2001 Guidance for more information about employee harassment of students.40 c. 2014 Questions and Answers on Title and Sexual Violence In response to institutional struggles to interpret and implement the 2011 issued Questions and Answers on Title and Sexual Violence on April 29, 2014 (the \u201c2014 Q&A\u201d). The 2014 clarified aspects of institutions\u2019 obligations to investigate allegations of sexual harassment and to use appropriate interim measures to protect complainants while investigations are pending. It \u201cfurther specified in detail the requirements of Title with respect to the responsibilities of a school\u2019s Title Coordinator (the employee required by regulation to coordinate a school\u2019s compliance with Title IX), the elements expected in a school\u2019s written grievance procedures for responding to complaints of sexual violence, and which individuals qualify as responsible employees who are required to report allegations of sexual violence to a school\u2019s Title Coordinator.\u201d41 B. Title of the Civil Rights Act of 1964 Title of the Civil Rights Act of 1964, as amended (\u201cTitle VII\u201d), prohibits discrimination in the terms and conditions of employment based on race, color, religion, sex, and national origin.42 It also prohibits retaliation against applicants or employees because they 38Id. 39Id. at 2 n.8. 40Id. 41Jared P. Cole & Christine J. Back, Title and Sexual Harassment: Private Rights of Action, Administrative Enforcement, and Proposed Regulations, Cong. Research Serv. (Apr. 12, 2019), available at see 2014 at 10-18. 42See 42 U.S.C. \u00a7 2000e. 11 opposed sex discrimination prohibited by Title VII, filed a charge of sex discrimination under Title VII, or participated in an investigation or proceeding related to a claim of sex discrimination under Title VII.43 The United States Court of Appeals for the Fourth Circuit has held that an employee of an educational institution subject to Title may pursue claims for sex discrimination under both Title and Title IX.44 The Equal Employment Opportunity Commission (\u201cEEOC\u201d) is charged with administrative enforcement of Title regulations confirm that harassment on the basis of sex is a violation of Title VII, and describes what conduct constitutes sexual harassment\u2014 generally divided into the categories of quid pro quo and hostile work environment harassment\u2014 as follows: Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual\u2019s employment, (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or (3) such conduct has the purpose or effect of unreasonably interfering with an individual\u2019s work performance or creating an intimidating, hostile, or offensive working environment.45 Employer vicarious liability for harassment by employees generally depends on whether the harasser was acting as the agent of the employer under basic agency principles. Under the regulations, an employer may also be responsible for acts of sexual harassment between coworkers \u201cwhere the employer (or its agents or supervisory employees) knows or should have 4342 U.S.C. \u00a7 2000e-3(a). 44Preston v. Com. of Va. ex rel. New River Cmty. Coll., 31 F.3d at 205-06. 4529 C.F.R. \u00a7 1604.11(a) (emphasis added). 12 known of the conduct, unless it can show that it took immediate and appropriate corrective action.\u201d46 claimant alleging discrimination under Title must file a timely charge with the EEOC.47 Generally, charges must be filed within 180 days of the occurrence of the alleged unlawful employment practice, but Subsection 706(e) of Title extends the charge-filing period from 180 to 300 days if three conditions are present: (1) the jurisdiction has \u201ca State or local law prohibiting the unlawful employment practice alleged\u201d in the charge, (2) the jurisdiction has \u201ca State or local agency with authority to grant or seek relief from such practice[,]\u201d and (3) the charging party has \u201cinitially instituted proceedings with [that] State or local agency.\u201d48 Virginia has the requisite state law and enforcement agency to qualify as such a \u201cdeferral state\u201d under Title VII. C. Virginia Human Rights Act The Virginia Human Rights Act (\u201cVHRA\u201d) prohibits unlawful discrimination in employment based on sex, among other protected characteristics.49 An aggrieved employee must file a complaint with the Virginia Office of the Attorney General, Division of Human Rights (\u201cDHR\u201d), which enforces the VHRA, within 180 days of the alleged discriminatory event.50 Because is a \u201cdeferral agency\u201d under Title VII, charges filed with either or the are considered \u201cdual filed\u201d with both agencies.51 4629 C.F.R. \u00a7 1604.11(d). 4742 U.S.C. \u00a7 2000e-5(e)(1). 48Id. 49Va. Code Ann. \u00a7\u00a7 2.2-3900(B), 2.2-3901, & 2.2-3905(B). 50Va. Code Ann. \u00a7 2.2-522. 51McIntyre-Handy v. W. Telemarketing Corp., 97 F. Supp. 2d 718, 724-28 (E.D. Va. 2000). 13 D. The Clery Act and the Violence Against Women Reauthorization Act Section 485(f) of the Higher Education Act of 1965, as amended (\u201cHEA\u201d),52 otherwise known as the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (the \u201cClery Act\u201d), requires institutions of higher education to comply with certain campus safety and security related requirements as a condition of their participation in financial aid programs under Title of the HEA. The Clery Act requires institutions to file annual security reports that include statistics for various criminal offenses, including forcible and non-forcible sex offenses and aggravated assault. It also requires institutions to inform students of procedures complainants should follow, including to whom offenses should be reported. In 2013, President Obama signed the Campus Act to amend the Clery Act as part of the Violence Against Women Reauthorization Act amended the Clery Act to require institutions to compile and report statistics of dating violence, domestic violence, sexual assault, and stalking, in addition to the categories previously mandated under the Clery Act, and to include certain policies, procedures, and programs pertaining to these incidents in their annual security reports requires institutions\u2019 policies to include information on victims\u2019 option to (or not to) notify and seek assistance from law enforcement and campus authorities, as well as their rights, and the institution\u2019s responsibilities, regarding no-contact, restraining, and protective orders also requires new students and new employees to be offered \u201cprimary prevention and awareness programs\u201d that promote awareness of rape, acquaintance rape, domestic violence, dating violence, sexual assault, and stalking, which training programs must include, among other 5220 U.S.C. \u00a7 1092(f). 14 things, definitions of those offenses and the definition of consent, with reference to sexual offenses, in the applicable jurisdiction. E. Old Dominion University Policies At all times relevant to this legal review has maintained institution-wide policies intended to provide students and employees with an environment free of sexual harassment and other forms of discriminatory conduct. For purposes of this review, the relevant policies are the 1997 Sexual Harassment Policy, 2011 Sexual Harassment Policy, 2008 Sexual Assault Policy, 2011 Sexual Misconduct Policy, and 2011 Stalking Policy. The following is a discussion of the key provisions of each policy. 1. Policies Concerning Sexual Harassment a. 1997 Sexual Harassment Policy During the entirety of 2010 through September 30, 2011, ODU\u2019s then-operative sexual harassment policy (the \u201c1997 Sexual Harassment Policy\u201d) denounced sexual harassment as \u201creprehensible\u201d and set forth policies and procedures intended to avoid and address sexual harassment that might affect the learning and working environment at the University.53 The 1997 Sexual Harassment Policy defined \u201csexual harassment\u201d as \u201cunwelcomed and unsolicited conduct of a sexual nature, physical or verbal, by a member of the university community\u201d under certain circumstances, including where \u201c[s]uch conduct is known or should have been known to interfere with such person\u2019s work or academic performance, by creating an intimidating, hostile, or offensive working or educational environment.\u201d54 Such conduct might include, but was not limited to, \u201cuninvited physical contact or touching such as pinching or intentional brushing 53Old Dominion University Policy # 6320, Sexual Harassment Policy (rev. May 1, 1997), at 1. 54Id. at 2. 15 against the body.\u201d55 For purposes of the policy, a \u201cmember of the university community\u201d meant a \u201cstudent or employee, or an alumnus, alumna, or volunteer involved in any university sponsored activity.\u201d56 The 1997 Sexual Harassment Policy outlined procedures by which members of the community could make complaints of sexual harassment. According to the policy, the first step was for \u201c[a]ny individual in the university community who believes she or he has been the victim of sexual harassment\u201d to \u201ccontact the director\u201d\u2014at the time, ReNee Dunman\u2014\u201cor a member of the University Committee on Sexual Harassment,\u201d within two years of the date of the alleged harassment if the complainant was a student and within 120 days of the alleged harassment for any other member of the university community.57 The complainant could then \u201celect an informal process\u201d to resolve the complaint \u201cwithout the necessity of disciplinary action or of the more formal procedures for processing a complaint,\u201d or, alternatively, elect to file a formal complaint, which would trigger an investigation.58 The 1997 Sexual Harassment Policy allowed for complaints of sexual harassment to be pursued \u201cin accordance with the appropriate university complaint resolution procedure\u201d depending on the status of the complainant\u2014e.g., student or faculty\u2014and identified the relevant procedures and contact persons.59 In the second step of the procedure outlined in the policy, the complainant could elect to \u201cproceed with the charge\u201d before \u201cthe appropriate administrative tribunal,\u201d and sanctions, if 55Id. 56Id. 57Id. at 4. 58Id. 59Id. at 6. 16 appropriate, would be imposed \u201cin accordance with applicable University disciplinary and sanction procedures.\u201d60 Although the 1997 Sexual Harassment Policy spoke broadly to the responsibilities of members of the community in connection with the policy, it did not set forth specific obligations or procedures for persons other than complainants who became aware of possible sexual harassment. Thus, the policy provided in general terms that \u201c[i]t is the responsibility of each member of university administrators and supervisors [sic] to assure that effective measures are taken to implement the procedures outlined in this policy,\u201d and that \u201c[t]he University\u2019s director must be advised of all complaints or reported incidents of sexual harassment.\u201d61 The policy did not specify whether, or to what extent, particular members of the community were obligated to report possible instances of sexual harassment. Specifically, the 1997 Sexual Harassment Policy did not identify which members of the community would be considered \u201cresponsible employees\u201d within the meaning of federal Title guidance, and thus did not apprise those employees, or the broader community, of precisely who was obligated to report suspected harassment and under what circumstances. b. 2011 Sexual Harassment Policy implemented a revised sexual harassment policy on September 30, 2011 (the \u201c2011 Sexual Harassment Policy\u201d) and in several respects, the 2011 policy was more expansive and more detailed than the 1997 policy.62 The 2011 Sexual Harassment Policy\u2019s definition of \u201csexual harassment\u201d was substantially similar to its definition under the 1997 Policy; however, the revised definition focused on the \u201cpurpose or effect\u201d of the harasser\u2019s conduct rather than 60Id. at 5-6. 61Id. 62Old Dominion University Policy # 6320, Sexual Harassment Policy (rev. Sept. 30, 2011). 17 whether the harasser knew or should have known that the conduct would interfere with another person\u2019s work or education.63 The revised policy also recognized that conduct that interferes with participation in extracurricular activities, as well as conduct that interferes with work or academic performance, may constitute prohibited sexual harassment.64 In addition to its more expansive definition of \u201csexual harassment,\u201d the 2011 Sexual Harassment Policy also broadened its applicability to \u201call employees, students, volunteers, employees of affiliated organizations, and visitors to the institution,\u201d including \u201cguests, uninvited guests[,] and all other persons located on property[] owned, leased, or otherwise controlled by the University.\u201d65 The 2011 Sexual Harassment Policy set forth more detailed procedures concerning reporting and addressing sexual harassment than the 1997 policy. The revised policy encouraged any member of the University community who believed that he or she had been the victim of sexual harassment to contact the Office of Institutional Equity and Diversity (\u201cOIED\u201d), whereupon the accuser could elect to follow either the informal complaint procedure or formal complaint procedure outlined by the policy.66 Even if the accuser elected the informal process, the 2011 Sexual Harassment Policy authorized to \u201cdetermine that because of the seriousness of the allegations the informal process is inappropriate and instead inform the accuser that the formal complaint procedure will be utilized.\u201d67 Under the 2011 Sexual Harassment Policy, a faculty complainant who wished to submit a formal complaint of sexual harassment could proceed under either the university\u2019s Sexual Harassment Policy\u2019s Formal Complaint Procedure through or the Faculty Grievance Procedure.68 63Id. at 1-2 (emphasis added); compare with 1997 Sexual Harassment Policy at 2. 642011 Sexual Harassment Policy at 1-2. 65Id. at 2. 66Id. at 2-3. 67Id. at 3. 68Id. at 3-4. 18 The 2011 Sexual Harassment Policy was also more specific than the previous policy with respect to the responsibilities of administrators, supervisors, and faculty in reporting and responding to sexual harassment. Under the 2011 Sexual Harassment Policy, such persons, \u201cand others who are performing instructional or academic advising duties[,] have an added responsibility of reporting any claim or concern of sexual harassment to the OIED.\u201d69 Although the 2011 Sexual Harassment Policy did not specifically identify such individuals as \u201cresponsible employees\u201d within the meaning of federal Title guidance, elaborate on the circumstances under which their reporting obligations would be triggered, or identify reporting options available to administrators and faculty members who received a disclosure, the policy generally established the requirement that such persons bring any \u201cconcern\u201d about sexual harassment to the OIED\u2019s attention.70 2. Policies Concerning Sexual Assault a. 2008 Sexual Assault Policy Although sexual assault arguably falls within the definition of \u201csexual harassment\u201d set forth in both the 1997 and 2011 Sexual Harassment Policies also maintained separate sexual assault policies during the relevant time period. The University\u2019s Sexual Assault Policy dated September 2, 2008 (the \u201c2008 Sexual Assault Policy\u201d) defined \u201csexual assault\u201d as \u201crape, forcible sodomy, sexual penetration with an inanimate object, fondling or touching of an unwilling person\u2019s intimate parts (genitalia, groin, breast or buttocks, covered or uncovered), [whether committed through] the use of force, the threat of force, by intimidation, or not forcibly/against the person\u2019s will, such as when the victim is incapable of giving consent due to 69Id. at 3. 70Id. 19 the substantiated use of alcohol or drugs or for other verified reasons.\u201d71 Under the 2008 Sexual Assault Policy, \u201c[a] sexual assault of any University student, faculty or staff member which occurs either on or off campus and is perpetrated by another student, faculty or staff member will be adjudicated by using the disciplinary process appropriate to the alleged assailant.\u201d72 The 2008 Sexual Assault Policy identified several avenues for reporting incidents of sexual assault, including \u201ccontacting the Dean of Students and Chief Student Affairs Officer, a residence hall staff member, the Women\u2019s Center, Counseling Services, Student Health Services or the Department of Public Safety,\u201d each of which had personnel trained to handle such reports. The policy also required \u201cany staff or faculty member [who] receive[d] a report of sexual assault\u201d to report it (anonymously, if the victim requested) to the Sexual Assault Free Environment (\u201cSAFE\u201d) Program Coordinator in ODU\u2019s Women\u2019s Center within 24 hours by completing and submitting a Sexual Assault Incident Report (\u201cSAIR\u201d) form. The 2008 Sexual Assault Policy designated the Dean of Students and Chief Student Affairs Officer as having responsibility for the policy. b. 2011 Sexual Misconduct Policy On October 2, 2011, ODU\u2019s sexual assault policy was superseded by a more expansive Sexual Misconduct Policy (the \u201c2011 Sexual Misconduct Policy\u201d). That policy defined \u201csexual misconduct\u201d to encompass any \u201c[n]on-consensual sexual activity . . . occurring on or off campus,\u201d including, but not limited to, \u201c[a]ny sexual intercourse . . . and any intentional sexual touching, however slight, with any object by a person upon another person.\u201d73 Consent, under the 71Old Dominion University Policy # 4600, Sexual Assault Policy (rev. Sept. 2, 2008). 72Id. 73Old Dominion University Policy # 4600, Sexual Misconduct Policy (rev. Oct. 2, 2011), at 1. 20 2011 Sexual Misconduct Policy, required \u201c[a] voluntary and positive affirmation that all parties involved want to engage in sexual activity[;]\u201d consent was to be \u201cactive and not passive.\u201d74 The 2011 Sexual Misconduct Policy stated that \u201c[s]exual contact with another person without consent and/or with coercion is prohibited and will not be tolerated from any member of the University community or visitors to the campus.\u201d75 Similar to ODU\u2019s 2011 Sexual Harassment Policy, its terms applied to \u201call employees, students, volunteers, employees of affiliated organizations[,] and visitors to the institution,\u201d including \u201cguests, uninvited guests and all other persons located on property[] owned, leased, or otherwise controlled by the University.\u201d76 The 2011 Sexual Misconduct Policy set forth certain \u201cAdditional Procedures for Employees Who Are Victims of Sexual Misconduct,\u201d who were invited to file a report with the Police Department or other police department in the employee\u2019s jurisdiction, or to make a report to the OIED, the Department of Human Resources, or a supervisor.77 It also established the following reporting requirements for a broader class of employees, but a narrower category of reports, than the 2008 policy: \u201cWhen any University employee, including a student employee, receives a report of sexual assault involving a student,\u201d the employee was required to submit a to the Women\u2019s Center within 24 hours.78 Notwithstanding that broad prescription, the 2011 Sexual Misconduct Policy cautioned complainants that \u201c[s]ome offices on campus may maintain complete confidentiality\u201d when in receipt of reports of sexual misconduct while others \u201care required to take action when an individual reports his/her victimization to them.\u201d Thus, 74Id. 75Id. at 2. 76Id. 77Id. at 4. 78Id. (emphasis added). 21 complainants were encouraged to consult a \u201cUniversity Confidentiality Chart\u201d to determine the \u201cdegree[] of confidentiality\u201d applicable to disclosures to various offices on campus.79 The policy listed the Dean of Students, Employee Relations Manager for Human Resources, and Assistant Vice President for Undergraduate Studies as the responsible officers for students, classified/wage employees and faculty, and faculty, respectively. 3. Policy Concerning Stalking also maintained a policy to \u201cprohibit stalking, outline the procedures for reporting and adjudicating stalking, and provide information on support services and resources for victims of stalking,\u201d whether or not related to sexual harassment or sex-based discrimination. The version of the policy in effect as of August 26, 2011 (the \u201c2011 Stalking Policy\u201d) defined \u201cstalking\u201d as \u201c[c]onduct, occurring on more than one occasion, that is directed at another person or persons with the intent to place, or that an individual reasonably should know the conduct places, that other person in reasonable fear of death, criminal sexual assault, or bodily injury to that person or to that other person\u2019s family.\u201d80 The 2011 Stalking Policy applied to \u201call employees, students, [and] volunteers[;]\u201d however, \u201c[r]eporting requirements, adjudication and disciplinary actions will depend on who is involved as the alleged victim and stalker.\u201d If the alleged stalker was an employee, the alleged victim (student or employee) should report the incident to the OIED, which would notify the appropriate office of the allegations for disposition in accordance with the appropriate policy depending on the accused employee\u2019s classification.81 The 2011 Stalking Policy also identified support services available to victims of stalking.82 79Id. 80Id. 81Id. at 2-3. 82See id. at 3. 22 F. Relevant Parties Old Dominion University is a public research institution located in Norfolk, Virginia. Founded in 1930 has a total enrollment of more than 24,000 students in seven academic colleges and three schools, including the College of Arts & Letters, which houses the English Department. Office of Institutional Equity and Diversity (\u201cOIED\u201d): The mission of the is to provide leadership and support on matters relating to equity, diversity, respect and inclusiveness for all members of the community. The staff provides guidance, support and delivery of programming, services and educational initiatives to faculty, staff, and students to support diversity, inclusiveness, equal access, equitable treatment, cultural understanding and the prevention of prohibited discrimination and harassment has designated the director of as the Title coordinator. As such is responsible for monitoring compliance with Title regulations, including complaints of sexual harassment, sexual violence and sexual assault. During the relevant time period, the director of and Title Coordinator was ReNee Dunman. Blake Bailey (\u201cBailey\u201d): Bailey is an author who served as a writer-in-residence in the English Department in the spring of 2010, and as the Mina Hohenberg Darden endowed Chair of Creative Writing (the \u201cDarden Chair\u201d), an untenured annual position, from fall 2010 through spring 2016. University Counsel Legal\u201d): University Counsel is the in-house legal department for ODU. Attorneys who serve as University Counsel are Assistant Attorneys General for the Office of the Attorney General of the Commonwealth of Virginia (\u201cOAG\u201d), and they are assigned to a particular university. During the relevant time period Legal consisted of University Counsel Earl Nance and Senior Associate University Counsel James Wright. 23 was fully cooperative throughout this investigation. All requests for documents and responses to written questions were given immediate attention, and responses were received in a timely manner. This Report begins with an Executive Summary of key findings, followed by an Investigation section outlining the scope of our investigation and methods used, a Factual Summary of key facts and evidence, and a Conclusion. No constraints were placed on our work beyond those imposed by the terms of our engagement letter, nor were any efforts made to influence the outcome of our investigation. The findings set forth in this report are our own. 24 Many of the underlying facts concerning allegations of sexual misconduct against former professor Blake Bailey (\u201cBailey\u201d) are unable to be definitively established, due to a lack of documentation and physical evidence, the significant passage of time, and divergent recollections. However, we do find that Bailey grabbed Professor Anderson\u2019s vaginal area without her consent in April 2010 and engaged in unwanted physical touching and attention toward a graduate student in October 2010. And, that certain faculty and administrators became aware of these incidents. Similarly, much of what may or may not have been reported to regarding these allegations and the actions taken in response also cannot be fully documented by our investigation administrators were notified of Bailey\u2019s conduct and an investigation was conducted in 2012, during which the Title Coordinator interviewed Professor Anderson and another faculty member, and met with Bailey directly. However, it is unclear what, if any, additional steps were taken, and Bailey remained on campus for four more years. That is not the case concerning the facts and circumstances surrounding the Statement to The Pilot on May 26, 2021. The evidence is clear that senior members of the administration were intimately involved in the University\u2019s response to The Pilot\u2019s inquiry. The Statement to The Pilot was ill-conceived, insensitive to complainants and witnesses, and inaccurate regarding certain facts, causing harm to the University and its community. In our opinion, the factual record supports the following: A. Allegations against Blake Bailey In the June 10, 2021, Virginian-Pilot article, Blake Bailey was an star. Faculty and students say he abused and harassed women for years (the \u201cArticle\u201d), it is alleged that Bailey engaged in multiple acts of sexual misconduct at from 2010 through 2014. The allegations 25 include multiple incidents involving Professor Bridget Anderson, including an April 2010 hot tub incident, where Bailey grabbed Professor Anderson\u2019s vaginal area, unwanted sexual comments made to Professor Anderson in a bar in 2010, a threat to rape Professor Anderson in April 2011, an attempt to kiss Professor Anderson without her consent in summer 2011, and an incident in the English Department mailroom in 2012, during which Professor Anderson claims that she had to use a knife to defend herself against Bailey; harassment of a graduate student at a bar in October 2010; unwanted kissing of a visiting writer in October 2011; and harassment of another graduate student in 2014. The facts and evidence lead us to conclude that Bailey grabbed Professor Anderson\u2019s vaginal area in a hot tub without her consent, at a beach house in Sandbridge, Virginia, in April 2010. We are unable to fully substantiate any of the other alleged incidents involving Bailey and Professor Anderson. The facts and evidence also lead us to conclude that, in October 2010, Bailey engaged in unwanted physical touching and attention toward a graduate student at a bar near ODU\u2019s campus. We received conflicting reports concerning Bailey\u2019s alleged sexual misconduct toward two remaining women, a visiting writing (in October 2011) and a second graduate student (in 2014). Because the complainants failed to respond to our repeated inquiries, we could not substantiate the allegations that Bailey harassed the visiting writer and kissed her without her consent in October 2011, and harassed the second graduate student in 2014. B. Reporting of the Allegations and ODU\u2019s Response Between 2010 and 2012, reports of Bailey\u2019s alleged inappropriate behavior toward women were made to multiple faculty and administrators, including the Title Coordinator. 26 1. Professor Bridget Anderson According to Professor Anderson\u2019s account, she reported her concerns regarding Bailey to English Department administrators on multiple occasions from 2010 through 2012. She first reported issues with Bailey following the April 2010 unwanted touching incident. Professor Anderson claims to have immediately reported Bailey\u2019s actions in the hot tub to (now deceased) then-Chair of the English Department Jeff Richards (\u201cRichards\u201d). She did not ask for or expect anything to be done, but wanted others to know what had happened. Richards told her he would meet with then-incoming Dean Charles Wilson (\u201cWilson\u201d) and tell him what had happened week later, Professor Anderson states that Richards told her that Wilson said he would have English Professor Michael Pearson (\u201cPearson\u201d) talk to Bailey about his behavior. Professor Anderson also claims to have directly reported the incident to Dr. Dana Heller (\u201cHeller\u201d) when she became Chair of the English Department in September 2010, as well as, Wilson in October 2010. Following the alleged rape threat in 2011, Professor Anderson states that she reported the threat, along with Bailey\u2019s earlier misconduct in 2010, to Heller. Professor Anderson says she went to Heller first, who referred her to Wilson. According to Professor Anderson, Heller stated she would speak to Pearson about Bailey\u2019s conduct. Professor Anderson recounts both Heller and Wilson responded that nothing could be done because it was off campus. Professor Anderson also told us that following the alleged attempted kiss in the summer of 2011, she spoke with Heller within a week of the incident, and told her the entire story. During the same meeting, Professor Anderson says she also reported an incident with Bailey that had happened at a bar called \u201cBardo\u2019s\u201d in 2010, where Bailey allegedly made sexually 27 inappropriate comments to her. According to Professor Anderson, Heller told her she would talk to Wilson. Professor Anderson states that she then met with Wilson in his office and told him the series of incidents involving Bailey, including the hot tub, Bardo\u2019s, and the attempted kiss. Professor Anderson states that Wilson was sympathetic but judgmental about the hot tub incident, asking her if she took any personal responsibility. Professor Anderson states that she told Wilson that she wanted to speak to then-Title Coordinator ReNee Dunman (\u201cDunman\u201d) because the attempted kiss happened on campus. Professor Anderson states that Wilson specifically told her not to go to Dunman, that he wanted to deal with it within the college. Wilson told Professor Anderson he would have Pearson speak to Bailey. Professor Anderson states that she met with Heller and Wilson again, separately, following an incident where Professor Anderson believed Bailey was harassing her at a public lecture she gave in November 2011. She reported Bailey\u2019s conduct as \u201cstalking,\u201d which they disputed. Professor Anderson states that she suggested to Wilson that a report be made to Dunman and Wilson, again, told her not to do so. Anderson says both administrators told her Bailey\u2019s conduct involved free speech and was not sexual, and that he had a right to attend the lecture. Ultimately, Professor Anderson did not report the lecture incident to Dunman. Following the lecture incident, Professor Anderson did not report any other incidents involving Bailey. Specifically, the mailroom incident, during which she claims to have defended herself with a knife. However, according to Professor Anderson, someone else reported the incident because shortly after it happened, she was summoned to a meeting with Wilson and Bailey concerning the matter. 28 Both Wilson and Bailey deny that such meeting ever occurred, and Bailey denies the knife incident, altogether. Moreover, Wilson states that he never spoke to Professor Anderson or anyone about Bailey\u2019s conduct, and never received any reports concerning inappropriate behavior by Bailey toward Professor Anderson. Heller does not recall specific discussions with Professor Anderson concerning Bailey, but states that she ultimately encouraged Professor Anderson to report her concerns directly to Dunman, which Professor Anderson did. It is noteworthy that during the relevant time period, Professor Anderson served on a University committee, with Dunman, that had the responsibility of reviewing existing sexual misconduct policies and improving them. By her own account, Anderson played a primary role in drafting the 2011 Sexual Misconduct Policy. 2. Graduate Students In October 2010, the graduate student who was the subject of Bailey\u2019s unwanted physical touching and attention at a bar, reported the incident to an adjunct professor. After speaking with the professor, the graduate student reported the incident to Heller. Heller asked the student if she wanted to file an official complaint, which she declined to do. Evidence suggests a primary reason for the student\u2019s decision not to file a complaint was a representation to her that Heller would recommend that Bailey\u2019s annual appointment not be renewed. Heller did not recall meeting with the graduate student. However, she stated that she was inclined to believe the student\u2019s account that the two of them spoke. Heller did recall reporting the bar incident to Wilson, who requested that Heller meet with Bailey. Heller subsequently met with Bailey in her office to discuss his behavior toward women. Heller did not have any additional discussions with either Bailey or the graduate student concerning the incident, and she took no further action. 29 Also in the fall of 2010, Luisa Igloria (\u201cIgloria\u201d), then-Director of the Program, reached out to the graduate student to check on her because she had heard about the bar incident. Igloria asked the student if she was okay. The graduate student responded that she was okay, and stated that everything was taken care of. Igloria took no further action. Approximately one year later, on October 12, 2011, graduate student Valarie Clark (\u201cMs. Clark\u201d) spoke with Igloria regarding her concerns with Bailey\u2019s behavior, after witnessing his interactions with a visiting writer on October 7, 2011. Ms. Clark told Igloria that Bailey \u201crepeatedly physically separated [the visiting writer] from everyone else, including dragging her down several blocks when we tried to leave the party.\u201d83 In addition to the incident with the visiting writer, Ms. Clark also mentioned the bar incident with the other graduate student. Prior to Ms. Clark\u2019s conversation with Igloria, graduate student Tara Burke (\u201cMs. Burke\u201d) informally told Igloria that Bailey was a \u201cproblem,\u201d without providing any specific details. Igloria encouraged the students to speak directly to the department chair because she believed it was the complainant\u2019s decision to file a complaint. She considered the complaints \u201canecdotal\u201d in nature, and took no further action 3 and the Title Coordinator In May 2012, ODU\u2019s Assistant Vice President for Institutional Equity and Diversity and Title Coordinator ReNee Dunman (\u201cDunman\u201d), since retired, commenced an official investigation of Bailey. Because nearly every official record of the investigation no longer exists, and Dunman herself could not recall, we do not know precisely what prompted Dunman\u2019s investigation. However, the evidence leads us to conclude that it was likely the result of a report Heller made to Dunman concerning Bailey\u2019s actions toward Professor Anderson. 83 Ms. Clark email to Ms. Burke, October 12, 2011, 6:51 pm. 30 During the course of the investigation, Dunman spoke with Professor Anderson at least twice, possibly three times, concerning her interactions with Bailey. Professor Anderson states that she told Dunman everything except the knife incident. Dunman also spoke with retired professor Stephanie Sugioka (\u201cSugioka\u201d), who Professor Anderson had spoken to about her problems with Bailey. There is no record of interviewing anyone else regarding Bailey. There is a single document in OIED\u2019s records concerning Bailey. The document is dated July 18, 2012, and appears to be Dunman\u2019s prep notes for a meeting with Bailey concerning his behavior. Dunman does not specifically recall meeting with Bailey; however, she assumes, based on the notes, that such a meeting occurred. There is no record of any additional follow-up with Bailey or any actions taken against him by as a result of the allegations involving Professor Anderson, the graduate student, or anyone else. C. Violations of Policies, Title VII, and Title 1. Individual Employees\u2019 Obligations to Report Allegations of Sexual Harassment Given the vague and conflicting accounts of what various individuals reported concerning Bailey\u2019s alleged sexual misconduct to faculty, staff, or administrators, we cannot state at this time that any of those reports clearly established a violation of Title VII, Title IX, or other applicable law or policy. The determination of whether particular conduct is unlawful under the anti-discrimination statutes is best made contemporaneously by individuals with the appropriate training, experience, and specialized knowledge to assess the allegations and investigate and evaluate the circumstances surrounding them so that appropriate responsive action, if necessary, can be taken. At ODU, these functions reside primarily within the OIED. Obviously could not have 31 evaluated or investigated allegations it never received, even if the University would be charged with constructive knowledge of those concerns or reports because they were known to supervisors, \u201cresponsible employees\u201d (as that concept was developed under federal Title guidance), or \u201cappropriate persons\u201d (under the Gebser standard for attributing knowledge to the institution). Accordingly, individual employees\u2019 reporting obligations were essential to ensuring compliance with federal law and effectuating ODU\u2019s policies. Under Title VII, an employer is responsible for addressing a hostile work environment created by a co-worker of the complaining party, if the employer knew or should have known of the sexual harassment. Under Title guidance in effect during the relevant time period, responsible employees were expected to promptly disclose concerns and reports of potential harassment to appropriate University officials. However, at the University level, in ODU\u2019s 1997 Sexual Harassment Policy\u2014which originated prior to the Title 2001 Guidance that highlighted the role of responsible employees, but remained in effect at the time of the 2010 Sandbridge gathering and its immediate aftermath\u2014that obligation was not clearly published. Thus, although that policy emphasized the role of \u201cuniversity administrators and supervisors\u201d in implementing ODU\u2019s procedures with respect to sexual harassment, it did not clearly articulate reporting requirements expected of those individuals or any others.84 ODU\u2019s 2011 Sexual Harassment Policy, in contrast, imposed reporting obligations broadly, effectively treating all administrators, supervisors, faculty, and other persons with instructional or academic advising duties as responsible employees. Therefore, as of September 84Although the 2008 Sexual Assault Policy required staff or faculty who received a report of a sexual assault to promptly report it to the Women\u2019s Center, such a report does not seem calculated to apprise the University for purposes of triggering a response under Title IX, especially if the Women\u2019s Center was a confidential resource. 32 30, 2011, the policy\u2019s effective date, such persons who received a report of potential sexual harassment were required to escalate the report to OIED. Based on our review of the facts, at least some allegations concerning Bailey\u2019s conduct were escalated to as required, which prompted an investigation during the spring and summer of 2012. Certain allegations raised by Professor Anderson were reported to OIED, most likely by Heller. Reports of alleged inappropriate conduct toward a graduate student by Bailey were made to OIED, as well. However, not all concerns regarding Bailey\u2019s apparent patterns of conduct were reported to by individuals who became aware of them. For example, Igloria never reported concerns raised to her by graduate students to OIED. The evidence also supports the conclusion that Heller received a complaint from the graduate student who was harassed by Bailey at a bar in October 2010 and she did not escalate the complaint to OIED. However, Heller states that she informed Wilson of the bar incident and she spoke with Bailey directly about his actions toward women. Heller also asked the graduate student if she wanted to file a formal complaint, which she declined to do. As a matter of best practices, such concerns should have been escalated to for evaluation and, if warranted, investigated and appropriate responsive action taken. Even if the individuals who became aware of those concerns did not believe that anti-discrimination laws or policies were implicated; even if the concerns did not, in fact, implicate those laws or policies needed to be informed of those concerns to ensure that investigated and responded appropriately, especially in light of the totality of the allegations concerning Bailey\u2019s conduct toward women at ODU. 33 2. ODU\u2019s Response to Allegations of Sexual Harassment was at least constructively aware of alleged improper conduct by Bailey during a significant period of his employment at the University. Even if the alleged conduct did not constitute unlawful harassment or sex-based discrimination, we conclude that such concerns warranted responsive action by the University to address them and prevent harassment or sex- based discrimination. Under Title obligations, then-applicable Title guidance, and policy, such action likely should have involved OIED. There is no dispute that was made aware of Professor Anderson\u2019s allegation that Bailey grabbed her vaginal area in a hot tub in an offensive, nonconsensual manner. Under both Title and Title IX, a single instance of sexual assault, as was described by Professor Anderson, may be sufficient to create a hostile work environment based on sex and deny a person equal access to an educational program or activity. Here, analysis under both laws is complicated by the circumstances of the hot tub incident, which occurred off-campus (which fact alone does not place it outside the scope of the relevant laws) and in connection with a gathering that was not clearly connected to a work environment or an educational program. Regardless of whether the hot tub incident falls within the scope of Title VII, Title IX, or any other law or policy, Bailey\u2019s act was nonconsensual and clearly inappropriate, and should have triggered a more careful consideration of his conduct. Against that backdrop should have viewed any additional reports concerning Bailey with heightened scrutiny. And did become aware of other reports, learning of alleged inappropriate conduct by Bailey toward at least one graduate student. It is not clear that the severity of the conduct reported regarding each incident, in isolation, rose to the level of harassment in violation of any applicable law or policy. However, in light of Professor Anderson\u2019s allegations concerning the hot tub incident, those reports ought to have raised significant concerns regarding Bailey. 34 review of the facts leads to the conclusion that had actual or constructive notice of several concerns regarding Bailey\u2019s actions toward women, and that the University appears to have addressed them, at least to some extent, with Bailey directly. In 2012 conducted an investigation concerning Bailey\u2019s actions. As part of the investigation, Dunman spoke with Bailey concerning his actions toward women. Other than the meeting with Bailey and interviews of Professor Anderson and Sugioka, it is unclear what else the investigation entailed. As such, we cannot definitively state whether the University\u2019s response was appropriate or not under applicable laws and policies. Following the investigation, it is unclear what, if any, corrective or monitoring actions took thereafter, and Bailey\u2019s employment with the University was renewed for several years. We cannot conclude, on the limited evidence available, that further action was necessarily required as a matter of law. However, we believe that further and ongoing action was seemingly justified as a matter of policy and prudence. D. Drafting of the May 26, 2021, Statement The drafting and editing process of the May 26, 2021, Statement (the \u201cStatement\u201d) to The Pilot was led by Legal and Kaufman & Canoles, P.C. Prior to publishing the Article, The Pilot contacted requesting comment on the topic of Bailey and sexual misconduct during his time at ODU. Former President John Broderick (\u201cBroderick\u201d), in consultation with Vice President for Administration and Finance Gregory DuBois (\u201cDuBois\u201d), decided that should respond to The Pilot\u2019s request. ODU\u2019s response was spearheaded by University Counsel Earl Nance (\u201cNance\u201d) and Senior University Counsel James Wright (\u201cWright\u201d), with full guidance from and consultation with Broderick and DuBois. Due to restrictions on Legal\u2019s ability to communicate with the press, as well as specific allegations raised by The Pilot concerning Wright, it was decided that outside counsel would be retained to communicate with 35 The Pilot. Nance recommended Kaufman & Canoles and they were retained with the OAG\u2019s approval. Nance and Wright conducted a limited internal investigation by interviewing current and former faculty and staff regarding the alleged incidents. Notes from the witness interviews were provided to counsel at Kaufman & Canoles, who in turn, drafted the Statement. It was agreed among Legal, DuBois, Broderick, and Kaufman & Canoles that the purpose of the information provided to The Pilot was to deter them from publishing the story. To that end, they intended the response to be aggressive in both tone and substance. The Pilot request for comment was received on May 20, 2021, and Kaufman & Canoles submitted the Statement to The Pilot on ODU\u2019s behalf on May 26, 2021. In that short time period, interviews were conducted, and the Statement was drafted and edited. Nance led all of the interviews, except for one, which was led by Wright. Due to concerns that contacting her could be viewed as coercive or retaliatory, a conscious decision was made to not interview Professor Anderson. As for the other complainants, former University Counsel Earl Nance reported, \u201cthey ran out of time.\u201d DuBois and Broderick were regularly updated as Legal conducted interviews and Kaufman & Canoles crafted a response. Once the initial statement draft was complete, Kaufman & Canoles sent the document to Nance and Wright. Nance shared the document with Sylvia Jones (\u201cJones\u201d) and Deborah Love (\u201cLove\u201d), his superiors at the OAG. Nance also shared the document with Broderick and DuBois. Love did not edit the Statement. It also appears from the evidence that DuBois did not edit the Statement. Both Nance and Wright edited the Statement before it was finalized. Jones provided minor grammatical edits, but nothing substantive. Although the evidence is not definitive on this point, it is likely that Broderick edited a hard copy 36 of the Statement, as well. We can definitively state that Broderick reviewed the Statement and approved it before Kaufman & Canoles sent it to The Pilot. As notable as the individuals who were involved in the drafting of the Statement, equally notable is the glaring absence in the drafting process of Assistant Vice President for Strategic Communication and Marketing Giovanna Genard, current Title Coordinator Arianna Wright, any staff, or any female administrators or staff. 37 A. Scope of the Investigation Pursuant to the scope of work outlined in the engagement letter, dated August 12, 2021, and the accompanying directive from the Office of the Attorney General, our investigation was limited to a legal review of ODU\u2019s actions relating to allegations against former professor Bailey, from the start of his employment at in 2010 through the present, and an evaluation of whether ODU\u2019s intake, handling, and response to any and all complaints made against Bailey complied with policies and procedures, Title IX, Title VII, and the Clery Act (as amended by VAWA). The scope of engagement also includes a review of ODU\u2019s May 2021 engagement with outside counsel to conduct an investigation concerning the Bailey complaints and the development, review, and/or release of position/media statements for the same matter, as well as the identification by name and role of each representative who interacted with prior outside counsel and/or were involved in the drafting or editing of any position/media statements. Nixon Peabody was not granted subpoena power pursuant to this authority. As such we did not have the power to compel any person to appear for an interview, or respond to our questions and requests for documents. B. Interviews Conducted Nixon Peabody interviewed 24 individuals during the course of this investigation, some more than once. Interviews were conducted virtually, primarily by Zoom or Webex, with a handful conducted by telephone. Most interviews lasted two to three hours; however, a few were as short as twenty minutes. Professor Anderson\u2019s interviews are particularly notable, as she was interviewed for more than ten hours over the course of four separate days and she provided us 38 with numerous journal entries, emails, and other related materials. We also had follow up discussions with Professor Anderson by email. All interviews were attended by two Nixon Peabody attorneys, except for the interviews of Professor Anderson, which were attended by three attorneys. Notes were taken of all interviews and official interview reports were written. Interviews were not recorded by audio or video. Written questions were also submitted to three individuals and in order to gain additional information. The first interview took place on September 3, 2021, and the last interview took place on November 19, 2021. Interviews were conducted of current and former faculty and staff, including the former president, former dean of the College of Arts & Letters, current associate dean of the College of Arts & Letters, current and former chairs of the English Department, and current and former directors of the Office of Institutional Equity and Diversity, who also serves as Title director. Interviews were also conducted of former English Department graduate students. There are three notable exceptions to the list of interviewees. Two of the alleged complainants, the visiting writer and the graduate student from 2014, did not respond to our multiple requests to be interviewed. The third notable exception is Bailey. Bailey, through counsel, declined our invitation to be interviewed. However, he did submit, through counsel, a one-page response to a list of 105 written questions posed to him. Bailey did not respond to specific questions; instead, he issued a blanket statement that the allegations are untrue. Bailey also denied any inappropriate interactions with students and he labeled the allegations by Professor Anderson as false, specifically referencing the falsity of allegations that he attempted to kiss her in her office, harassed her at a faculty meeting, cornered her in a mailroom where she 39 was forced to defend herself with a knife, threatened to rape her, and that there was a meeting with Dean Charles Wilson to discuss her complaints against Bailey. With no authority to compel these individuals to appear for an interview, or to subpoena materials to be produced by them, we were left without recourse. Without the ability to evaluate allegations from the other complainants directly, it was particularly difficult to determine the veracity of what was alleged to have occurred between those two individuals and Bailey. It is also important to note that some witnesses, even those who ultimately spoke with us, were hesitant to cooperate with our investigation. Some key witnesses only agreed to speak with us after repeated efforts by our team to convince them to do so. Other key witnesses declined to be interviewed or never responded, altogether. As typical in such investigations, we also found some witnesses to be less forthcoming than others. In particular, former President John Broderick (\u2018Broderick\u201d) was the least forthcoming of any of the witnesses interviewed. During his two interview sessions, Broderick repeatedly responded to questions with do not recall,\u201d although the focus of the questions were events from May and June 2021. Moreover, The Pilot Article was such a significant event for the community and happened so close in time to Broderick\u2019s planned retirement, it strains credulity that Broderick would fail to recall so many details only four months later. More concerning, was Broderick\u2019s claimed lack of knowledge regarding the May 26, 2021 Statement. In his initial interview, Broderick was adamant that he never saw the Statement until it was printed in The Pilot Article. He was asked this point multiple times and his answer remained the same. However, Broderick\u2019s claim is contradicted by an email on May 26, 2021, from Broderick, that includes a letter in which he directly quotes from the Statement.85 When 85See Broderick email to Nance and DuBois, May 26, 2012, 1:20 pm. 40 confronted with this email in his second interview, Broderick attempted to explain away the falsehood by stating that those were quotes from the outside law firm\u2019s \u201creport\u201d and he did not view the \u201creport\u201d as a statement; that he was not sure that he ever saw the full \u201creport\u201d and he likely just asked University Counsel to provide him with those particular sections; and, if he was provided with the full \u201creport,\u201d he probably just skimmed it and never actually read the entire document was responding to a press inquiry concerning serious allegations of sexual misconduct by a former professor. It is not credible that the then-president would be aware of the situation, involved in the response, and choose to only skim over the written response or not see it at all before it was sent. Not only did Broderick demonstrate an excessive lack of recall and the ability to convey falsehoods, he was also defensive, even combative at times, when responding to questions, especially in his second interview. C. Materials Reviewed During the course of our investigation, we reviewed more than 35,900 pages of documents, records, emails, journal entries, and other materials from and individual witnesses. It is important to note that the amount of responsive records provided by was impacted by the University\u2019s records-retention policy, which limits retention of many of the records responsive to our review to three years, after which time records are purged. There is no way to know how many responsive documents, if any, no longer exist as a result of this policy. Materials were provided to Nixon Peabody by uploading materials to a secure link or emailing requested materials directly to one of the assigned attorneys. Subsequently, materials were uploaded to the document review platform Relativity for review and analysis. At all times, access was restricted to the Nixon Peabody investigation team and internal staff specifically assigned to assist in this matter. 41 We reviewed news articles, press releases, and media coverage related to Bailey and Old Dominion University. We also researched and reviewed relevant statutes, regulations, and policies, including Title IX, Title VII, The Clery Act, the Violence Against Women Reauthorization Act, the Virginia Human Resources Act, and relevant sections of policies and handbooks. These materials were referenced to better understand the legal responsibility of in handling allegations of sexual misconduct, as well as the policies and procedures employed by the University. The applicable statutes, policies, and procedures guided our analysis of the appropriateness of ODU\u2019s actions regarding Bailey The allegations of sexual misconduct against Bailey span 2010 through 2014. Contemporaneous records, emails, and similar documentation are sparse. Additionally, memories of events approximately ten years ago are faded and strained, and various witness accounts diverge significantly. We also take into account the fact that we conducted interviews subsequent to a significant amount of media coverage of the events in question, much of which most of the witnesses had been exposed to. We recognize this may have impacted certain witness recollections. However, we are able to definitively find that Bailey grabbed Professor Anderson\u2019s vaginal area in a hot tub, in April 2010, without her consent. We also find that Bailey inappropriately grabbed and followed a graduate student at a bar, in October 2010. Furthermore, various reports of Bailey\u2019s inappropriate behavior were made to faculty and administrators between 2010 and 2012. Lastly, the evidence supports the finding that members of ODU\u2019s senior leadership, including University Counsel Earl Nance and former President John Broderick, were directly involved in the May 26, 2021, Statement to The Pilot. 42 The following is not intended to be a full recitation of all related facts and circumstances. Rather, it is a summary of the key facts and circumstances relevant to our review and findings. A. Allegations against Blake Bailey Professor Anderson raises multiple allegations of sexual misconduct by Bailey between 2010 and 2012. Additional allegations of sexual misconduct by Bailey between 2010 and 2014 involving graduate students and a visiting writer are also raised, either by the alleged complainant directly or by an alleged eyewitness. The details of these allegations are discussed below. 1. Bailey and Professor Bridget Anderson Dr. Bridget Anderson (\u201cProfessor Anderson\u201d) is a tenured Associate Professor of English, whose specialization is Linguistics. Witnesses describe her as \u201cbrilliant\u201d and \u201cpassionate.\u201d One witness, in particular, stated that \u201csome might perceive her as eccentric, but she\u2019s sharp as a tack, she\u2019s funny, total open book.\u201d We found Professor Anderson animated and engaging. She had a very specific and vivid recollection of the details and conversations concerning Bailey, despite the passage of time. Professor Anderson\u2019s recollections were aided in some instances by personal journal entries. Professor Anderson was fully cooperative and forthcoming throughout the investigation. During our interviews, Professor Anderson was frequently emotional and in tears when discussing Bailey, and the reactions that she perceived various faculty members and administrators had to her disclosures about him. Some details of events involving Bailey that Professor Anderson recounted to us varied among our interviews with her, particularly the details of the Sandbridge 2011 Creative Writing gathering, and some details did not match the report of other witnesses. We discuss below the significant events Professor Anderson reported concerning her interactions with Bailey, the 43 recollections of other witnesses concerning those events, and related materials we were able to identify during our investigation. a. Sandbridge 2010 hot tub incident In April 2010, the graduate program for Creative Writing hosted a weekend event at a beach house in Sandbridge, Virginia, for professors and their significant others (\u201cSandbridge 2010\u201d). Graduate students were typically invited to attend on the Saturday of the weekend for music, food, and socializing. Bailey, who had been selected as the Darden endowed chair for the upcoming 2010\u201311 school year, was invited to attend, and did so. Professor Anderson recounted that she attended Sandbridge 2010 because her then-close friend Professor John McManus (\u201cMcManus\u201d), asked her to attend. He also invited Professor Kevin Moberly (\u201cMoberly\u201d). Professor Anderson and Moberly arrived at approximately 4 p.m. on Saturday, April 24th. Students arrived later in the day for a cookout. Professor Anderson states that faculty and students were drinking alcohol. She had a few drinks and refrained from drinking more as alcohol causes her migraines. According to Professor Anderson, she was not intoxicated, remembers everything about the evening, and remained in total control of her faculties. Following dinner, individuals began singing karaoke, and Professor Anderson sang Appalachian ballads, at which time, she noticed Bailey \u201cleering\u201d at her. Professor Anderson states that at approximately 11 pm, she, McManus, and Moberly entered a hot tub that was located on a deck outside the house. She and Moberly were not as intoxicated as McManus. They were clothed in bathing suits and talking when McManus recounted \u201ca tradition of the creative writers taking suits off underwater and playing truth game.\u201d He described the game as one in which they would ask a series of questions of each other, and while they were vulnerable and unclothed, they had to answer the questions truthfully. Moberly disrobed and Professor Anderson did, as well. They all remained covered by water and it was 44 dark outside. Although Bailey had retired to his room with his wife, he suddenly appeared and got in the hot tub. They had been in the hot tub for approximately 20 minutes when Bailey showed up. Professor Anderson states that they discussed the question McManus had posed, and he introduced her and Moberly to Bailey. Within five minutes of the introduction, \u201cout of nowhere,\u201d Bailey grabbed Professor Anderson\u2019s vaginal area. She jumped up and yelled \u201che grabbed my cooter,\u201d and Bailey wrapped his arms around her from behind and jerked her forcefully toward his lap. Professor Anderson started struggling and Moberly stood up, separated her from Bailey, and a struggle ensued between Moberly and Bailey. During the course of the struggle, Bailey broke a whiskey bottle causing glass to fall into the hot tub. Moberly then stepped on the broken glass cutting his foot. Professor Anderson demanded an explanation from Bailey about why he had grabbed her, and he responded, \u201cbecause of your ballad singing and your hip to breast ratio.\u201d Professor Anderson states that she immediately left the hot tub, followed by Moberly, who had a significant cut on his foot, which created a trail of blood in the house. She was sobbing, humiliated, and fearful that Bailey would come to her room. Accordingly, Professor Anderson locked the bedroom door and asked Moberly to stay the night with her. After retrieving bandages for the cut on his foot, Moberly spent the night on the floor next to her bed. Professor Anderson states that she never went to the beach with Bailey that day, either before or after the hot tub incident. According to Professor Anderson, the following day, she got up around 6 am and encountered Professor Sheri Reynolds (\u201cReynolds\u201d) cleaning up glass and blood in the house. Professor Anderson and Moberly told Reynolds what had happened the night before, specifically that Bailey had grabbed her in the hot tub. After the others had arisen, they all went to breakfast 46 encountering Professor Michael Pearson (\u201cPearson\u201d) inside the house. At some point, they all left the hot tub unclothed, went to the beach, splashed around in the water, and returned to the hot tub. Moberly has a clear recollection of going to the beach because he fell on his face and the others teased him about it. Moberly believes he cut his foot on the beach. Moberly states that after going to the beach, the group returned to the hot tub and shortly thereafter, Professor Anderson jumped up and exclaimed you grabbed my cooter.\u201d Bailey grabbed Professor Anderson and pulled her back down, and she got really upset. At that point, Moberly intervened and separated the two, grappling with Bailey. Bailey said something to the effect that it was Professor Anderson \u201csinging those folk ballads, it was your hip to breast ratio.\u201d Professor Anderson was immediately upset and the atmosphere in the hot tub changed. Moberly and Professor Anderson later began kissing, then left the hot tub to retire to their room. They had been in the hot tub for approximately an hour and a half. According to Moberly, once in the room, he and Professor Anderson did not discuss the incident with Bailey further. He states that he stayed in the room with Professor Anderson as previously planned, not due to her fear of Bailey. Moberly did not recall suffering any significant injury to his foot and said it did not require bandages, but the following morning, he learned that Reynolds was cleaning up blood. The hot tub incident was not discussed with anyone the following day. Moberly went to breakfast with Professor Anderson, McManus, Bailey, and Bailey\u2019s wife. As they were leaving, Bailey asked him if things were alright between them. McManus confirms that Professor Anderson and Moberly arrived together. Everyone was drinking alcohol and McManus stated he was intoxicated, but recalls the evening pretty well. McManus entered the hot tub with Professor Anderson and Moberly, and Bailey joined them shortly afterward. At some point, they all were naked. He recalled being in the hot tub for a long 47 time, during which the group got out, went into the ocean, and returned. At some point, McManus heard Professor Anderson say \u201cBlake grabbed my cooter\u201d in a shocked voice. She asked McManus and Moberly if they had seen it\u2014they had not. They had a conversation about the word \u201ccooter\u201d and the conversation then moved on to something else. He did not remember anyone dwelling on what happened for long. McManus recalls that the \u201cgrabbing\u201d incident happened early during their time in the hot tub. He did not recall Moberly acting in response, or any struggle between Moberly and Bailey, but could not say for certain that it did not happen. What he did clearly recall was that it was not an evening-ending incident after which Professor Anderson angrily left the hot tub. He states, rather, they remained in the hot tub for some time afterward. The evening came to an end when they realized how late it was\u2014he was certain it was at least 3 a.m. The next morning, McManus, Professor Anderson, Moberly, and Bailey ate brunch at a nearby restaurant. He did not observe hostility between Professor Anderson and Bailey during breakfast. Other faculty in attendance at Sandbridge 2010 overnight reported that they were aware that Professor Anderson, Moberly, McManus, and Bailey were in the hot tub late into the evening. Some witnesses observed the group in the hot tub having what appeared to be a party, and saw Professor Anderson floating naked in the middle of the hot tub. She beckoned them to join and they declined. Professor Janet Peery (\u201cPeery\u201d) recalled that, while they were discussing how shocked they were about what they had seen in the hot tub, Moberly entered and requested a Band-Aid because he had fallen down while walking on the beach. None of the individuals who attended Sandbridge 2010 recalled Professor Anderson complaining about the hot tub \u201cgrabbing\u201d incident the following morning. 48 Both McManus and Moberly state unequivocally that Professor Anderson was completely surprised by Bailey grabbing her vaginal area, and that it was not invited or consensual as had been claimed in ODU\u2019s statement to The Pilot.87 Nearly all witnesses in attendance that evening recall that Bailey was drinking heavily. When questioned through counsel, Bailey did not specifically deny, as he did other allegations, that he grabbed Professor Anderson in the hot tub at Sandbridge 2010. b. 2010\u201311 academic year/bar incident Professor Anderson described one specific incident with Bailey, during fall 2010, at a bar named \u201cBardo\u2019s,\u201d where she went one evening with McManus and Pearson. According to Professor Anderson, Bailey showed up and tried to sit next to her. After approximately ten minutes, Bailey said \u201cif [she] gave in, he\u2019d leave [her] alone.\u201d He stated that he was \u201cobsessed with sleeping with her.\u201d He used the words \u201ccompulsion\u201d and \u201citch,\u201d as in an itch he needed to scratch. Professor Anderson responded \u201cnever, you better leave me alone and stop targeting me.\u201d Bailey told her she should be honored and flattered by his attention. Professor Anderson told him to stay away and she would never forgive him for the assault. Professor Anderson provided a journal entry, dated September 15, 2010, in which she wrote: McManus stated that approximately once a semester, he would go to Bardo\u2019s with Bailey, and that Pearson, his wife, and Peery, would sometimes go as well. McManus did not 87McManus categorically denied telling counsel that Professor Anderson \u201cgave every indication of happiness and excitement\u201d when Bailey grabbed her and said their record that he had made such a statement was outrageous. 49 recall ever being there with Professor Anderson and Bailey together, although he could not definitively say it did not happen. He also did not recall Bailey telling Professor Anderson that he would leave her alone if she just gave in and slept with him. Pearson does not recall being at Bardo\u2019s with Professor Anderson and Bailey, but states that it is possible. He states that he never heard Bailey make comments of the type described by Professor Anderson. c. Sandbridge 2011 On the weekend of April 14-17, 2011, the Creative Writing Program again reserved a beach house in Sandbridge, Virginia. Professor Anderson recalled that on Friday, April 15, 2011, she traveled to the beach house with McManus. Professor Anderson stated she only agreed to return because McManus promised that Bailey would not attend. According to Professor Anderson, she and McManus were first to arrive at the house and they went for a walk on the beach. Approximately 20\u201330 minutes later, Bailey arrived and found them. From the moment Bailey showed up, he was furious and hostile to her. He immediately started an argument with Professor Anderson. In an angry tone, Bailey stated he was \u201cpissed\u201d because the administrative assistants knew about their issues and she had turned them against him. From there, \u201che went on to rage about a number of issues\u201d including that she called him \u201ccooter grabber,\u201d would not shut up about what happened, and she had complained to Heller. They walked on the beach for approximately 20\u201330 minutes, then returned to the house. Professor Anderson states that for a couple of hours, Bailey \u201calternated between being hostile and pissed,\u201d and saying something sexually suggestive to her. He started drinking alcohol right away and became more and more hateful. They sat at the kitchen table and Bailey said if he could figure out a way to rape Professor Anderson and get away with it, he would. In response, Professor Anderson recited her home address and said, if he had a suicide wish, he could come by and break through her fence. Bailey then spoke about drugging and restraining her. This all 53 purchased from the actual pharmacist (not just from an aisle in the pharmacy). This is not something like to think about, or discuss, but it was such a creepy detail-- it scared the crap out of me. If he was being truthful, it shows pre-meditation combined with opportunism, which is what made me wonder (when the article came out about his other victims) about whether it might be possible to track down a record of it from the pharmacy. Like said don't know if he was being truthful or not--only he knows. But if he really had purchased a Plan rape kit, there ought to be a record of that at the pharmacy would think. His claim that he had purchased one along with a and coffee creeped me out for a number of reasons: 1. He did not know my birth control status, but was planning in advance (if he was being truthful). 2. If he raped me, would he have forced me to swallow a Plan pill? 3. His rape threats were scaring the crap out of me. Fortunately left Sandbrige 2 before he was able to make good on his threat truly believe, to this day, that something horrible would have happened that Saturday night if had not left. My room had a lock on the door, but had barely slept Friday night (Blake had passed out from whiskey downstairs & my room was upstairs) because was worried that the lock might be easy to pick with a credit card etc was vigilant all night and hardly slept. But left Saturday & went back home-- even though there were dangerous tornadoes in the region that evening did not have any problem getting home, but did risk my life given that there was severe weather, and a tornado was reported in Walters don\u2019t recall that it actually touched down), which is less than 10 miles from my house. And there was a reported tornado in Windsor, which is also not far from my house. There were severe weather advisories about dangerous storms-- which typically would drive in, but was determined to get home, and was able to with no problem (thank God). McManus\u2019 recollection of the Sandbridge 2011 encounter involving Professor Anderson and Bailey varied in some critical respects. Initially, McManus also stated that he and Professor Anderson arrived at Sandbridge on Friday, where they were later joined by Bailey, and that she left the following day. McManus demonstrated a vague recollection of being in the house two evenings with Professor Anderson, but ultimately settled on the belief it was only one overnight\u2014Friday to Saturday. 54 After we interviewed him, we asked McManus to provide us with any photographs of Professor Anderson and/or Bailey from Sandbridge 2011.90 Those photographs contained metadata setting the date and time, and included the following: Thursday, April 14, 2011 6:36 pm two photos of Professor Anderson and Bailey walking adjacent to each other on the beach. 6:56 pm Professor Anderson and Bailey on the beach, facing the camera and smiling. In this photo, Bailey has his arm around Professor Anderson and they are in a side embrace. McManus stated these photos were taken on the beach during a walk that he, Professor Anderson, and Bailey took about an hour before sunset. In the first two photos, Professor Anderson is holding a wine glass containing a clear liquid and Bailey is also holding a drink. Friday, April 15, 2011 11:21 am Professor Anderson on a deck facing the ocean, with two others (not Bailey). 12:02 pm Professor Anderson on the beach, facing the camera and smiling. 5:33 pm Professor Anderson seated on a couch with a wine glass in hand, smiling toward the camera. 9:38 pm Professor Anderson seated on the bottom of a bunk bed, looking at her cell phone. Upon review of these photos, McManus indicated that they establish that he and Professor Anderson arrived on Thursday, April 14th (later joined by Bailey), and stayed overnight. However, he now believes that Professor Anderson also stayed overnight on Friday, April 15th, as well. All witnesses, including Professor Anderson, agree that she left the beach house on Saturday, April 16th. Professor Anderson stated that she has no journal entries for Thursday, April 14th, or Friday, April 15th. 90McManus noted that, although the photographs are authentic, he does not intend to suggest that Professor Anderson\u2019s account is somehow untruthful. 55 Regarding the events of Thursday, April 14th, McManus recalled walking on the beach with Professor Anderson and Bailey, and Professor Anderson and Bailey were both drinking alcohol. McManus was no longer drinking alcohol, and did not have any. He did not recall any argument between Professor Anderson and Bailey at the beach. Rather, they returned to the beach house and McManus was preparing dinner, with Professor Anderson and Bailey nearby. Suddenly, he heard Professor Anderson and Bailey screaming at each other. He did not know what they were screaming about, but it was a very angry argument. McManus tried to calm down the situation, told them to stop shouting at each other, and shouted \u201cstop!\u201d Both Professor Anderson and Bailey seemed stunned and stopped arguing. Then, it calmed down and they were all laughing again. They all had dinner and McManus went to bed at approximately 9:30 pm because he planned to rise early for a long bike ride. Professor Anderson and Bailey were still awake when he went to bed. McManus stated the argument concerned Professor Anderson calling Bailey \u201ccooter grabber\u201d in the office and turning the secretaries against him. However, McManus had no recollection that the discussion included Bailey telling Professor Anderson that he would rape her if he could get away with it, Bailey drugging or restraining Professor Anderson, or Professor Anderson providing her address to Bailey and stating that he should come over if he had a suicide wish. McManus did not recall Bailey entering the room where he and Professor Anderson were laying on a bed, getting in the bed, and putting his arms around them. Instead, he recalled that the following day, while he and Professor Anderson were walking on the beach, she told him that Bailey had done that to her. He said Professor Anderson described how persistently Bailey wanted to have sex with her the night before, and that she had said no. McManus also stated that 56 Professor Anderson told him that she had told Bailey that he did not have a condom and she knew she was fertile; if they had sex, she would get pregnant; and if she had a girl, she would name her Bailey Bailey and if she had a boy, she would name him Blake Bailey, Jr. She told McManus that Bailey only backed off after the line about naming the child. McManus recalled that Professor Anderson left Sandbridge earlier than she had planned, stating that she needed to get home to care for her animals. Peery, who also attended Sandbridge 2011, reports that months after Sandbridge 2011, Bailey contacted her because he had been summoned to speak to Dunman and he did not know why. In speculating about the reason, he stated that he had sex with Professor Anderson at Sandbridge 2011, and that Professor Anderson made the remark about what she would name the child if she got pregnant. Bailey then told Peery that after having sex with Professor Anderson at Sandbridge 2011, he got the morning-after-pill the following morning. Peery recalled Bailey going to the pharmacy that morning and returning with the New York Times, and that there was \u201cstrain\u201d between Bailey and Professor Anderson that morning. Peery, and another faculty member who was present, recalled that Professor Anderson left the night before the rest of the group, right before Bailey\u2019s wife was scheduled to arrive, and that she had increasingly become agitated about her dogs being left alone. d. Summer 2011 attempted kiss Professor Anderson reports that the next incident involving Bailey happened at the end of June or early July of 2011. She was on campus moving to a new office, and was unpacking boxes in her new office with the assistance of then-English Department Receptionist Linda Hero (\u201cHero\u201d). Bailey ran into her office, grabbed her in his arms and tried to kiss her. As she struggled to resist him and clamped her mouth down, Bailey pried her mouth open with his hand 57 and continued to try to kiss her. Bailey then ran off, and Hero proceeded to question Professor Anderson about what she had just observed. Professor Anderson initially reported to us that at the time of the attempted kiss, Hero told Heller what she had witnessed. However, in a subsequent interview, Professor Anderson stated she does not know whether anyone ever spoke to Hero about the incident, and she never followed up with Hero to ask. Professor Anderson provided no personal journal entries regarding this particular incident. Hero denied ever seeing Bailey grab or attempt to kiss Professor Anderson. She further denied ever seeing the two of them alone together, including in Professor Anderson\u2019s office, and reported that any interactions she observed between them consisted of \u201cjust normal business routine.\u201d e. November 2011 Professor Anderson lecture Professor Anderson reported that the next time Bailey harassed her was on November 22, 2011, during a public lecture she gave at ODU\u2019s intercultural center. The lecture included discussion of the use of a Native-American themed mascot at the College of William & Mary. Bailey, who had taught at William & Mary prior to ODU, attended the lecture. According to Professor Anderson, he \u201cmenaced\u201d her during the question and answer period. Professor Anderson states that Bailey attacked the premise of the lecture stating that he was part Cherokee and if he did not think a certain mascot was offensive, then it was not. Professor Anderson \u201cwas frozen,\u201d and felt certain Bailey was \u201ctrolling\u201d her. She believed he was stalking her. f. April 2012 mailroom knife incident Professor Anderson reported a final significant encounter with Bailey that she alleged took place in April 2012. Professor Anderson\u2019s account is as follows. She attended the spring meeting of the English Department in the ninth floor conference room. She sat down, and Bailey 58 entered and sat in the chair beside her. Professor Anderson twice moved seats, and both times Bailey moved and sat beside her. After ten minutes, Bailey reached over and tried to put his hand on Professor Anderson\u2019s knee. She was humiliated and left the room. Professor Anderson ran down the stairs to her office and then went to the mailroom on the fifth floor to check her mailbox before going home. Professor Anderson states that Bailey followed her and entered the mailroom behind her. He backed her into the corner and grabbed her arm. Bailey did not say anything, but had \u201cthis look on his face.\u201d Professor Anderson states she reached into her pocketbook and grabbed a pocket knife that she carried for protection.91 Professor Anderson opened the knife and put it to Bailey\u2019s throat. Bailey then dropped her arm. Professor Anderson told Bailey, \u201cIf you ever maul, molest me, put hands on me again, try to scare me that you\u2019re going to rape or hurt me will slit you from ear to ear, let you bleed out, put your blood on me like war paint.\u201d Professor Anderson states that she then saw former Professor Sarah Appleton (\u201cAppleton\u201d) standing \u201chorrified\u201d at the entrance to the mailroom. Professor Anderson began crying and went to the bathroom. She then returned to her office for her belongings and left campus. During our investigation, we made repeated efforts to speak to Appleton, including submitting written questions by email, specifically asking whether she had seen or heard what 91Professor Anderson reports that in the spring of 2012, she told Heller that she felt unsafe on campus and would begin carrying a knife for protection. According to Professor Anderson, she showed the knife to Heller and provided her with a document about the legal rights to carry a knife in Virginia, which Heller placed in Anderson\u2019s personnel file. We requested all department and personnel files for Professor Anderson and no document concerning the carrying of a knife was ever located. Heller reported that she does not recall Professor Anderson telling her that she intended to carry a knife for protection, and that Professor Anderson never showed her a knife. 61 one occasion, he closed the door to his office, which made her unsure of his intentions. Also regarding these specific allegations, Peery, who was on the graduate student\u2019s thesis defense panel with Bailey and another professor, stated that she did not observe anything untoward between Bailey and the graduate student. Given the foregoing, we are unable to either confirm or refute the graduate student\u2019s allegations. 3. Bailey\u2019s interaction with a visiting writer in October 2011 We also make no factual findings concerning Bailey\u2019s interactions with an Writer- in-Residence at an October 2011 party. On the evening of October 7, 2011, Bailey hosted a Literary Festival (\u201cLitFest\u201d)93 party at his house where members of the English Department were in attendance, including the fall 2011 Writer-in-Residence (\u201cvisiting writer\u201d), Ms. Burke, and Ms. Clark. Ms. Burke and Ms. Clark witnessed Bailey\u2019s interactions with the visiting writer that night, and are the primary sources of information on this topic, as the visiting writer did not respond to our multiple requests for an interview. During the party, Ms. Burke witnessed Bailey flirting with the visiting writer, including putting his hand on her shoulder and pulling her hair back and talking in her ear. However, Ms. Burke was not able to tell whether the visiting writer was bothered by Bailey doing these things. Earlier in the week, the visiting writer asked Ms. Burke and Ms. Clark for their opinions as to whether Bailey had been hitting on her. During that conversation, the visiting writer told Ms. Burke and Ms. Clark that she might call on them in the future to rescue her if she encounters an uncomfortable situation with Bailey. Ms. Clark did not witness her and Bailey\u2019s interactions over the course of the party because she was primarily engaged in another conversation. However, the 93The Literary Festival is a yearly event the Creative Writing Program hosts that typically takes place over the course of several days, the week before the fall break in October. It features readings throughout the day by faculty and guest writers, and other literary events. 62 visiting writer later told Ms. Clark that Bailey and other faculty members were aggressively \u201cflirty\u201d with her at the party. According to both Ms. Burke and Ms. Clark, when they left the party with the visiting writer and walked outside to Ms. Clark\u2019s car, Bailey appeared, grabbed the visiting writer\u2019s hand or arm, and forcefully walked her down the road. Ms. Burke did not perceive Bailey to be angry, and she says that he was not aggressively dragging the visiting writer down the street. Bailey told the visiting writer that he had to tell her something, but she was saying goodbye and trying to leave. Bailey took the visiting writer far enough down the street that Ms. Burke and Ms. Clark could not see or hear what was going on between them, and they remained there for several minutes. When Bailey and the visiting writer returned, the visiting writer appeared very subdued. Ms. Burke described the visiting writer as upset and shaking. Ms. Clark then drove the visiting writer back to her hotel, where the visiting writer, who is married, told Ms. Clark that, when Bailey took her down the road, he kissed her without her permission. According to Ms. Clark, the visiting writer wrote about the incident with Bailey in a memoir, though she does not provide names. Pearson read the visiting writer\u2019s memoir, came across a passage describing a relationship she had when she was a visiting professor, and interpreted it as a reference to Bailey. Pearson was aware that Bailey and the visiting writer had intimate dinners together, and he did not see anything non-consensual in their interactions. Peery also read the visiting writer\u2019s memoir and picked up on a character she believed to be Bailey. Subsequently, Bailey told Peery of his affair with the visiting writer. According to Peery, Bailey and the visiting writer had at least a year-long, long-distance, sexual relationship. 63 In light of the foregoing disparate accounts, our investigation was not able to confirm whether or not the interactions between Bailey and the visiting writer occurred as alleged, or whether any interactions between them were consensual or non-consensual. B. Reports of Bailey\u2019s Actions and ODU\u2019s Response Between 2010 and 2012, reports of Bailey\u2019s alleged inappropriate behavior toward women were made to multiple faculty and administrators, including the Title Coordinator. The following is a description of those reports and ODU\u2019s response. 1. Professor Bridget Anderson Professor Anderson stated that she persistently reported her allegations about Bailey to numerous English Department administrators between 2010 and 2012. As soon as she returned to campus, following Sandbridge 2010, she and Moberly reported Bailey\u2019s action in the hot tub to her (now deceased) then-Chair of the English Department Jeffrey Richards (\u201cRichards\u201d). She did not ask for or expect anything to be done, but wanted others to know what had happened. According to Professor Anderson, she and Moberly met in Richards\u2019 office, and she became so upset that Richards suggested they go for ice cream across the street so the office manager would not hear. Richards told her that he would meet with Charles Wilson (\u201cWilson\u201d), the incoming dean of the College of Arts & Letters, and tell him what had happened week later, Richards told her that Wilson said he would have Pearson, the then-most senior male in the Creative Writing program, talk to Bailey to make sure he understood that nothing like this was going to happen again. Professor Anderson also told other faculty members what had happened to make sure the community knew about Bailey. As an act of resistance, she began to call Bailey \u201ccooter grabber.\u201d 66 further stated that she did not complain to ReNee Dunman (\u201cDunman\u201d) because Wilson told her he did not want it to leave the College of Arts & Letters. Following Bailey\u2019s attempted kiss, Professor Anderson told us that she sought out Heller within a week of the incident, and told her the entire story from the start. When she spoke with Heller, Professor Anderson says she also reported the incident with Bailey that had happened at Bardo\u2019s in 2010. According to Professor Anderson, Heller told her she would talk to Wilson about the forced kiss incident, and stated in reference to Bailey\u2019s actions, \u201cmaybe he was just being friendly.\u201d Professor Anderson states that Heller later told her she reported the incidents to Wilson, and that Professor Anderson should speak with him as well. Professor Anderson states that within a week of meeting with Heller, she met with Wilson in his office and told him the series of incidents involving Bailey, including the hot tub, Bardo\u2019s, and the attempted kiss in her office. Professor Anderson states that Wilson was sympathetic but judgmental about the hot tub incident, asking her if she took responsibility for her own choices. Professor Anderson states that she told Wilson that she wanted to speak to Dunman because the attempted kiss happened on campus. Professor Anderson states that Wilson specifically told her not to go to Dunman, that he wanted to deal with it within the College of Arts & Letters. Professor Anderson listened to him because he was the head of her college. Wilson\u2019s response was that he would have Pearson speak to Bailey. Professor Anderson reports that she also spoke to Pearson herself about being told he was supposed to deal with Bailey, but could not recall when. She further states that Heller told her that she had spoken to Pearson about Bailey\u2019s conduct. Pearson denies Professor Anderson ever complained to him about Bailey, or that anyone, including Wilson and Heller, ever spoke to him about Bailey\u2019s behavior. Moreover, he never spoke to Bailey about the subject. 67 According to Professor Anderson, following the encounter with Bailey at her lecture concerning Native American mascots, she met with Heller and Wilson, separately, to complain. She reported Bailey\u2019s conduct at the lecture as \u201cstalking,\u201d a label both administrators disputed. Professor Anderson again suggested to Wilson that a report be made to Dunman because Pearson had not made any traction with Bailey, and Wilson told her not to speak to Dunman. Professor Anderson says both administrators told her Bailey\u2019s conduct involved a free speech issue and was not sexual, and that he had a right to attend the lecture. When asked why she did not go to Dunman herself to report his conduct as \u201cstalking,\u201d Professor Anderson stated she was not \u201ctotally committed to that interpretation\u201d of Bailey\u2019s actions at the lecture. Professor Anderson stated, unlike other incidents involving Bailey which she reported, she had no intention of reporting the mailroom incident because she feared possible criminal charges for her use of a knife. She hoped Bailey would be so embarrassed that he would not report her. However, according to Anderson, someone did report the incident because shortly thereafter, in April 2012, she was summoned to a meeting on the topic in Wilson\u2019s office. According to Professor Anderson, when she arrived, Bailey was already in Wilson\u2019s office. During the meeting, Wilson told Professor Anderson that Janet Katz (\u201cKatz\u201d), Associate Dean of the College of Arts & Letters, was helping him decide how to deal with this episode because he did not know what to do. Wilson asked Professor Anderson what she had to say for herself. She responded that it was self-defense and Bailey had chased her out of the faculty meeting. She said they should look into the fact that he followed her three times in the meeting, cornered her in the mailroom, and grabbed her. Professor Anderson also reported that Bailey had put his hand on her leg during the faculty meeting. 68 According to Professor Anderson, Wilson responded by stating that he didn\u2019t know what to do and he was getting additional input from Katz. Wilson told Professor Anderson that Katz thought she needed anger management-type counseling from the Women\u2019s Center. At some point, Katz came in and gave Professor Anderson a card with the name Joann Bautti from the Women\u2019s Center, and told her they were insisting that she set up a counseling appointment. Professor Anderson challenged that Bailey was not being asked to go to counseling. Bailey said nothing during the entire meeting and was never asked to explain his conduct. Professor Anderson provided no personal journal entries discussing the mailroom incident or the meeting she says followed with Wilson and Bailey. Professor Anderson states that, due to the knife incident, she attended counseling with Joann Bautti (\u201cBautti\u201d) at the Women\u2019s Center on at least three occasions. According to Professor Anderson, Bautti stated she was required to fill out a report after the sessions to show administrators her progress. Professor Anderson reported that Heller subsequently showed her a two-page form with paragraphs Bautti had completed that was maintained in Anderson\u2019s file in the English Department Chair\u2019s office. We interviewed Bautti, who currently serves as the director of student affairs at Eastern Virginia Medical School. Bautti did not recall Professor Anderson, nor did she recall any faculty or staff member ever seeking counseling services as a victim. However, Bautti did caution that her lack of recall was not dispositive because she saw hundreds of victims and survivors in her time at and does not remember all of them. Bautti also stated that she did not provide anger management counseling, as it is not her area of expertise. She stated that the Women\u2019s Center primarily served students and would not have treated a faculty member who was required to attend counseling by their department because the Center\u2019s services were completely voluntary. 69 Bautti had no recollection of an dean ever requiring someone to see her, nor did she ever hear about an incident in which a faculty member pulled a knife on someone. We also interviewed the current and former English Department administrators to whom Professor Anderson claimed to have reported her allegations concerning Bailey. Their responses to Anderson\u2019s claims are as follows. Dr. Charles Wilson Dr. Charles Wilson (\u201cWilson\u201d) served as Dean of the College of Arts & Letters beginning in the 2010\u201311 academic year and throughout the period of time Bailey served as the Darden Chair at ODU. Wilson denied ever speaking to Professor Anderson or anyone about Bailey\u2019s conduct, including Bailey himself. He had no recollection of speaking to Professor Anderson at LitFest and specifically denied that Anderson ever used the term \u201ccooter grabber\u201d with him, told him about Bailey making comments to her in a bar, reported Bailey trying to kiss her in her office, or complained about Bailey\u2019s conduct at a lecture regarding mascots. He also was never told that Bailey put his hand on Professor Anderson\u2019s leg during a faculty meeting or that she later pulled a knife on him in the mailroom. Wilson did not recall ever hearing about an incident in a hot tub involving Professor Anderson and Bailey until he read about it in The Pilot, and said that also was the first time he learned about an alleged incident involving a knife. He denied that Heller told him about any incidents involving Bailey or Professor Anderson. Wilson specifically denied ever saying he would have Pearson speak to Bailey. He stated he never would have done so as it would be inappropriate to ask a peer to speak to another colleague about such topics and such conversations would not take place without the department chair or dean being involved. Wilson vehemently denied forbidding Professor Anderson from going to Dunman with a complaint or 70 saying that he wanted to deal with the allegations within the college, and indicated that he regularly sought assistance from administrators outside the college when warranted. Wilson said he has no recollection of ever meeting with Professor Anderson in his office alone, and states that she was never in his office the six years he served as dean. He stated that it was his practice to handle issues involving faculty members through the chair of the respective department. The only time he would see a faculty member alone was if there was an issue with the faculty\u2019s chair; otherwise, the chair would be in the room. Wilson also told us that he never met with Bailey alone in his office. However, when we asked him to search his electronic calendar which contained appointments back through 2010 for \u201cBailey\u201d he located a single thirty-minute entry, dated January 18, 2011, regarding \u201ca candidate,\u201d which Wilson believed must have pertained to a discussion with Bailey about renewal of Bailey\u2019s position for the following year search of \u201cAnderson\u201d returned no results. Wilson said he never met with Bailey and Professor Anderson together in his office, and neither he nor Katz required Professor Anderson to attend counseling. He never asked any faculty member to attend counseling. He stated, and Katz confirmed, that Katz worked with undergraduate students, not faculty, unless faculty specifically sought her out for assistance on their own. We also asked Wilson to search his electronic calendar for the date of October 5, 2010. Wilson saw no entry for a meeting with Professor Anderson, but reported that it was LitFest week and there was a 6 pm reception in the Music Department and at 7:30 pm, Bailey was the featured presenter of a literary reading, an event Wilson probably attended. Wilson had no 71 recollection of speaking to Professor Anderson about Bailey at this event, and he reiterated that he never spoke with Professor Anderson about Bailey.94 Associate Dean Janet Katz Associate Dean of the College of Arts & Letters Janet Katz (\u201cKatz\u201d) has served at for 41 years. Katz told us that no issues involving Professor Anderson and Bailey ever came to her attention, and she never discussed either person with Wilson. She does not recall ever having a conversation about these matters, and she never sent Professor Anderson to counseling or discussed doing so with Wilson. Katz states she has never sent a faculty member to counseling. Katz reported that she is as certain as she can be that she never met with Bailey or Professor Anderson about each other, and never discussed these issues with either. She did not learn about any incidents between Professor Anderson and Bailey until she read about them in the news. Dr. Dana Heller Dr. Dana Heller (\u201cHeller\u201d) served at for 28 years, including two terms as Chair of the English Department, between 2010 and 2016. Heller currently serves as Dean of the College of Arts & Sciences at Eastern Michigan University. Heller reported that Professor Anderson raised issues with her about other faculty members but \u201cjust like in a normal way, people grouse, saying so and so is driving me nuts.\u201d Heller did not recall a time when Professor Anderson wanted to take action against another member of the department. Heller stated Professor Anderson\u2019s complaints to her were \u201cjust normal venting,\u201d and Heller did not remember any conflicts Professor Anderson had with another faculty member that was out of the ordinary. Regarding Professor Anderson\u2019s specific alleged complaints involving Bailey, Heller said she heard about the hot tub incident before becoming chair because it was a \u201cscandal.\u201d She also 94Wilson keeps a \u201cfaculty problems\u201d electronic file, where he recorded issues with faculty members. He reviewed it during our interview and did not find any documents related to Professor Anderson or Bailey. 72 remembers hearing, possibly from Professor Anderson, about Bailey\u2019s conduct at Professor Anderson\u2019s speech on Native American mascots. Finally, Heller recalled being aware of an incident involving Professor Anderson using a knife against Bailey. She did not believe Professor Anderson was the source of the report about the knife directly, but rather she believed Professor Anderson told other faculty about it, stating she had to protect herself. Heller did not recall ever hearing that Professor Anderson had been ordered to attend counseling and did not know that could be done. Heller stated that she \u201cwould imagine\u201d that Professor Anderson spoke to Wilson about Bailey, but did not have any details about such discussions taking place. She recalls speaking with Wilson herself about Bailey and the pattern of behavior that was developing around him. Heller believes she also \u201cmust have talked to Janet [Katz] about it,\u201d but again did not remember any specifics about when or how many times these conversations took place. Heller states her concern about Bailey was that there seemed to be a pattern developing with him that usually involved a party, alcohol, and inappropriate behavior toward women. Heller stated that Wilson was aware of this concern and, although she could not recall whether he specifically expressed it, her impression was that Wilson wanted to try to keep it within the college. Heller did not remember whether Wilson ever told her that he would ask Pearson to speak with Bailey, but stated that Wilson followed the rules and, for that reason, it made sense that if not Pearson, Wilson would tell the then-director of the Program Luisa Igloria to speak with Bailey. Heller did not recall Wilson ever specifically telling Professor Anderson that she could not go to Dunman to complain about Bailey. To the contrary, Heller stated that many people told Professor Anderson to file a formal complaint against Bailey, but she \u201cseemed to 77 Ms. Clark stated she met with Igloria because she viewed Bailey as having a problem respecting women\u2019s boundaries. In a contemporaneous email to Ms. Burke, Ms. Clark wrote that she did not tell Igloria about Bailey kissing the visiting writer, but she did report that Bailey \u201crepeatedly physically separated [the visiting writer] from everyone else, including dragging her down several blocks when we tried to leave the party.\u201d100 Igloria does not recall Ms. Clark telling her this, but she noted that this conversation would have happened a long time ago, indicating that it would be difficult to remember specifics. Igloria noted that she uniformly tells students that if they have concerns of a serious nature that they feel need to be addressed, they should escalate their complaints to upper administration. Igloria feels that the Program Director does not have a lot of power and that it would not be her place to act on a student complaint; rather, it would be up to the complainant to officially file a report if he or she wishes to do so. 4 and the Title Coordinator In May 2012, ODU\u2019s Assistant Vice President for Institutional Equity and Diversity and Title Coordinator ReNee Dunman (\u201cDunman\u201d) commenced an investigation regarding Bailey\u2019s conduct toward women. Witness interviews and Professor Anderson\u2019s journal entries lead us to conclude that Dunman likely became involved after being notified of Bailey\u2019s conduct by Heller. The complaint concerned Bailey\u2019s actions toward Professor Anderson, and originated with then professor Stephanie Sugioka (\u201cSugioka\u201d), who informed Heller, who then notified Dunman. According to Sugioka, in the fall of 2011, Professor Anderson spoke to her about Bailey. Professor Anderson reported to Sugioka that Bailey had groped her and he would not stop. Professor Anderson further told Sugioka that she had threatened Bailey with a knife, but he still 100Ms. Clark email to Ms. Burke, October 12, 2011, 6:51 pm. 78 would not leave her alone. Sugioka\u2019s understanding was that the incidents happened at various social gatherings, maybe a bar or someone\u2019s home, and included an incident at a retreat in Sandbridge. Sugioka did not recall where Anderson said the knife incident happened, but did not believe it was on campus because she would have remembered that detail. The nature of the threats Professor Anderson reported were not violent, but of the nature \u201cyou\u2019re not going to get rid of me\u2014I\u2019m going to be here.\u201d Professor Anderson told Sugioka that Bailey\u2019s behavior happened over a period of several weeks and months. Sugioka believed the English Department Chair should be informed of the situation. According to Sugioka, Professor Anderson told her she could make a report to Heller. However, Professor Anderson did not want her name to be used beyond the discussion with Heller. Professor Anderson informed Sugioka she had previously told Heller about Bailey\u2019s conduct, but only after requesting that it not leave Heller\u2019s office. Sugioka told Heller what Professor Anderson had said about Bailey.101 Sugioka got the impression that Heller had previously heard about these issues from Professor Anderson, but Heller did not know the full details. Sugioka believes Heller contacted Dunman, who in turn, contacted Sugioka shortly after Sugioka had spoken to Heller. Sugioka then spoke with Dunman, at length. Sugioka did not use Professor Anderson\u2019s name, but had the impression Dunman knew who she was discussing. Heller told us that she encouraged Professor Anderson to speak to Dunman as part of Dunman\u2019s investigation because Professor Anderson was very angry at Bailey, kept calling him out in public about the hot tub incident, and it was a source of tension. Heller also told us that she 101Sugioka\u2019s report was based entirely on what Professor Anderson told her. Sugioka states her sole observation of any interaction between Professor Anderson and Bailey was at Professor Anderson\u2019s mascot lecture, during which Bailey made a comment she deemed derogatory and argumentative. 81 ReNee Dunman ReNee Dunman (\u201cDunman\u201d) served as ODU\u2019s Assistant Vice President for Institutional Equity and Diversity for over 25 years, including the time period during which Bailey worked at ODU. Dunman also served as ODU\u2019s Title coordinator for 23 years. Dunman explained that there was a single record concerning her investigation that remains in OIED\u2019s files, the Bailey meeting prep notes, dated July 18, 2012. Concerning Bailey and Professor Anderson, Dunman could not recall the source of the initial report, and she did not believe the complaints against Bailey ever rose to the level of a \u201cformal complaint\u201d requiring specified procedures. Dunman recalled speaking with Professor Anderson more than once. Some details about Professor Anderson\u2019s complaint stood out because they were unique\u2014namely, that the incident took place in a hot tub. Professor Anderson reported that she was in the hot tub with two guys, one of whom was her best friend. Bailey joined them and tried to slip himself under her or tried to touch her, but Dunman could not remember the details. Dunman stated that Professor Anderson never mentioned being naked in the hot tub. Dunman recalled that when Professor Anderson responded to whatever the overture from Bailey was, her response was not \u201cextraordinary\u201d\u2014her friend interjected and said something like \u201cyou\u2019re drunk, get out of here.\u201d And, Professor Anderson said that was the end of it. Professor Anderson never mentioned anything about a knife incident. Dunman recalled that Professor Anderson \u201cwas fairly broken, very upset about it.\u201d Professor Anderson wanted anonymity and was mostly concerned others would learn she reported Bailey. She did not want him fired and did not want the responsibility for that, which Dunman said was typical in cases involving employee reports against other employees. 82 Dunman described a disconnect between how upset, emotional, and fearful Professor Anderson was and the fact that she was okay with \u201cjust tell him to leave me alone\u201d as a resolution. Dunman\u2019s understanding was that, after the touch in the hot tub, nothing else happened concerning Bailey. According to Dunman, Professor Anderson described the hot tub incident as if she had handled it. However, it did not make a whole lot of sense to Dunman that Professor Anderson had seemingly handled the matter but seemed so broken up about it. Dunman said that there would have been some form of follow-up with Professor Anderson after their meeting, but she could not recall what it was had a relationship with the counseling center, so for someone in Professor Anderson\u2019s emotional state, Dunman said, she would have referred her or offered to walk her over. Although generally did not provide counseling services to their employees, they would to someone in the emotional state Professor Anderson was in. Dunman did not recall whether she spoke with Professor Anderson after their meeting, but she believed that she did follow up with her at the conclusion of the investigation, as was her typical practice. Dunman remembered meeting with Wilson and telling him that there should be no more retreats like Sandbridge. Each year, Dunman met with the deans to discuss the past year and complaints from their respective college, OIED\u2019s concerns and recommendations, and any community members to keep an eye on. Dunman was not sure whether she told Wilson that retreats like Sandbridge should not be happening as part of one of those yearly sit-downs or in a separate, more immediate conversation. Dunman also could not recall whether she had flagged Bailey as someone \u201cto keep an eye on.\u201d Although she did not specifically recall discussing Bailey with Wilson, Dunman was clear that she \u201cwouldn\u2019t have had a case like this and not talked to the dean.\u201d 84 violate personnel policy to give details, and that in any event Legal would not directly overrule her recommendation. But, Dunman observed, she could give advice to someone in the chain of command of the faculty, and if they did not want to take that advice, they could call Legal or and say \u201cwhat are my other options,\u201d and they would respond in kind. Dunman told us, and said that she also told Legal in connection with The Pilot review, that she likely would have recommended Bailey\u2019s non-renewal under the circumstances. In this case, Bailey was a restricted employee; whenever a restricted employee is involved in anything remotely related to sexual harassment or assault recommends not renewing the contract. C. The May 26, 2021, Statement to The Virginian-Pilot In May 2021, a reporter with The Virginian-Pilot (\u201cThe Pilot\u201d) reached out to requesting comment concerning allegations of sexual misconduct raised in research being conducted for an article on Bailey. In response to The Pilot\u2019s inquiry University Counsel Legal\u201d) sought and received approval from the Office of the Attorney General (\u201cOAG\u201d) to engage Kaufman & Canoles, P.C., as outside counsel regarding the matter. What followed was a mini internal investigation conducted by Legal and a statement issued to The Pilot on ODU\u2019s behalf by Kaufman & Canoles on May 26, 2021 (the \u201cStatement\u201d). The Statement was widely viewed as aggressive and victim-blaming, a characterization we find to be accurate. The following recounts the key facts and circumstances leading up to the issuance of the Statement to The Pilot. 1. The Virginian-Pilot Inquiry and Retention of Outside Counsel The Pilot contacted concerning Bailey on April 28, 2021, in a Freedom of Information Act (\u201cFOIA\u201d) request. The request was emailed to Assistant Vice President for Strategic Communication and Marketing Giovanna Genard (\u201cGenard\u201d), OIED, and others. 85 The Pilot requested any records concerning \u201call reports of abuse, assault or harassment involving Blake Bailey\u201d and other related materials.103 conducted a search of its records and the only responsive document located was one page of notes, dated July 18, 2012, from that appeared to have been prepared in anticipation of a meeting with Bailey concerning his behavior toward women. Ultimately determined that the document was exempt from as a personnel record and it was not disclosed to The Pilot. On May 20, 2021, The Pilot contacted stating that it was preparing to run a story stating that Bailey had committed multiple acts of sexual misconduct toward women while at ODU. The message was emailed to Genard and Senior Associate University Counsel James Wright (\u201cWright\u201d) and asked whether ODU, Wright, or then President John Broderick (\u201cBroderick\u201d), since retired, had a response to the allegations or the list of specific questions The Pilot included in the message.104 The email gave a response deadline of noon, Wednesday, May 26, 2021.105 Upon receiving The Pilot email, Genard and Wright notified University Counsel Earl Nance (\u201cNance\u201d) the same day, who then discussed the matter with Wright. Nance, in turn, notified Vice President for Administration and Finance Gregory DuBois (\u201cDuBois\u201d). It was Nance\u2019s initial recommendation to not respond to The Pilot\u2019s inquiry. Nance further advised that, if they did respond, they should request additional time to do so and it would have to be through someone else because policy precluded Nance and Wright from interacting with the press. Nance also notified ODU\u2019s Title Coordinator Ariana Wright, as well as his 103The Pilot request email, April 28, 2021, 10:36 am. 104The Pilot email, May 20, 2021, 12:27 pm. 105Id. 86 superiors at the OAG, Section Chief Deborah Love (\u201cLove\u201d) and Deputy Attorney General Sylvia Jones (\u201cJones\u201d), concerning this matter. The following day, DuBois reached out to Broderick, who was on vacation in Florida, by telephone to notify him of The Pilot request for comment. Broderick\u2019s response was that the University should respond and that they should do so without requesting additional time. Once advised by DuBois that Broderick wanted to respond, Nance recommended that outside counsel be retained to interact with The Pilot. The recommendation to retain outside counsel was made due to the restricting Legal\u2019s interactions with the press, as well as the fact that The Pilot inquiry specifically referenced Wright\u2019s actions Legal had previously used Kaufman & Canoles for employment-related matters and Nance recommended that they be retained. DuBois agreed with the recommendation to retain outside counsel. Approval for Kaufman & Canoles to be retained as outside counsel in this matter was requested by ODU, and the granted that request. Attorneys Burt Whitt and John Bredehoft of Kaufman & Canoles\u2019 labor and employment practice were responsible for the engagement. 2 Legal Department\u2019s Investigation It was determined that Legal would investigate the matter by conducting interviews, report the information to Kaufman & Canoles, and Kaufman & Canoles would communicate with The Pilot. Collectively Legal and DuBois, in consultation with Kaufman & Canoles, made the decision to not interview Professor Anderson out of concern that it would be viewed as retaliatory. Whether or not to interview the other complainants was not discussed. Ultimately, the other complainants were not interviewed because wanted to meet the May 26th deadline and Legal ran out of time, not because of any conscious decision to avoid doing so. 87 Legal proceeded to interview current and former faculty and administrators, including members of the English Department, deans, department chairs, and Title coordinators Legal made the determination as to whom should be interviewed. Interviews were conducted over telephone by Nance and Wright. Typically, Nance would ask all of the questions. However, Wright did question one interviewee alone, due to Nance\u2019s unavailability Legal also received a few written witness accounts by email. Interview notes were emailed to Kaufman & Canoles updating them on witness accounts and the progress of the investigation. Nance also regularly updated DuBois regarding witness interviews and the progress of the investigation. DuBois, in turn, updated Broderick by telephone on a daily basis. Broderick did not return from his vacation until May 25th. The consensus between Legal, Dubois, Broderick, and Kaufman & Canoles was that the information gained in the internal investigation, which contradicted the facts alleged in The Pilot email, would be shared with The Pilot in a manner that would hopefully deter them from running the story. Or, at least lead The Pilot to reevaluate the premise of the story that Bailey had committed multiple acts of sexual misconduct and did nothing in response Legal, DuBois, and Broderick all stated that it was never their intention that the Statement become public, only that it be strong enough to dissuade The Pilot from running a story that depicted in such a negative light. However, upon receiving the Statement from Kaufman & Canoles on May 26, 2021, The Pilot informed Kaufman & Canoles and ODU\u2019s Genard by email that they intended to include the \u201cfull statement\u201d with the story.106 Kaufman & Canoles then notified Nance and Wright,107 and Nance notified Broderick and DuBois, cc\u2019ing 106See Gary Harki email to John Bredehoft and Giovanna Genard, May 26, 2021, 2:32 pm. 107See John Bredehoft email to Nance and Wright, May 26, 2021, 2:38 pm. 88 Genard and his superiors at the OAG, Jones and Love.108 full two weeks prior to the story being published and the Statement becoming public knew of The Pilot\u2019s intention to publish the Statement and took no steps to prevent it. 3. Drafting and Editing of the May 26, 2021, Statement Based on the information gathered through Legal\u2019s limited internal investigation, Kaufman & Canoles drafted a position statement in response to The Pilot email. Neither Legal nor anyone within the administration specifically requested Kaufman & Canoles draft a statement on ODU\u2019s behalf. That decision was made solely by Kaufman & Canoles. The guidance from administration was that they wanted to respond to The Pilot; they did not dictate the form that response should take. On May 25, 2021, Kaufman & Canoles shared a draft of the Statement with Nance and Wright.109 Nance provided comments and edits to Kaufman & Canoles via email.110 After receiving the draft, Wright discussed particular facts attributed to former Title Coordinator Dunman with Dunman by telephone. Based on that conversation, Wright made a few edits in conformance with the information conveyed by Dunman. That same day, Nance also emailed a draft of the Statement to his superiors at the OAG, Love and Jones.111 Jones reviewed the Statement and submitted minor grammatical edits by email.112 Love did not respond to Nance\u2019s email. Neither Jones nor Love dictated the substance of the Statement. However, they also did not counsel Nance that it should not be submitted to The Pilot. 108See Nance email to Broderick and DuBois, May 26, 2021, 6:41 pm. 109Kaufman & Canoles email with draft Statement, May 25, 2021, 5:27 pm. 110Nance Response email with feedback on draft Statement, May 26, 2021, 12:29 am. 111Nance email to Love and Jones with draft Statement, May 25, 2021, 2:14 pm. 112Jones email to Nance with edits to Statement, May 25, 2021, 4:38 pm. 89 Nance then shared the draft Statement with Broderick and DuBois during an in-person meeting the afternoon of May 25, 2021. During this meeting, Nance summarized the investigation conducted by Legal and provided a hard copy of the draft Statement for review, comment, and approval. DuBois reviewed the Statement but did not provide any edits. According to Nance, Broderick reviewed the Statement after the meeting and provided handwritten comments and edits. Another meeting was held among Nance, Wright, and Harry Minium (\u201cMinium\u201d), a former Pilot reporter who currently works in ODU\u2019s Strategic Communications office writing articles for the athletic department. During this meeting, Minium reviewed the Statement, made a few suggestions, and provided his general input about The Pilot reporter who was writing the Article. Once Nance obtained final approval from Broderick, he informed Kaufman & Canoles that they could move forward with finalizing the Statement. Before contacting Kaufman & Canoles to notify them that the Statement could be sent to The Pilot, Nance specifically received approval to do so from Broderick and DuBois, as was the normal course of business in such sensitive matters. Kaufman & Canoles then finalized the Statement and emailed it to The Pilot on May 26, 2021.113 Broderick initially claimed to have not seen the Statement until it was printed in The Pilot on June 10, 2021. However, this claim is directly contradicted by a May 26, 2021, email from Broderick to Nance and DuBois, in which Broderick forwarded a draft letter for their review and comment.114 In the letter, Broderick directly quotes from the Statement, demonstrating his awareness of its existence and content. When confronted with this email, Broderick surmised 113Kaufman & Canoles email to Pilot with Statement, May 26, 2021, 11:24 am. 114See Broderick email to Nance and DuBois May 26, 2021, 1:20 pm. 90 that perhaps he only received those particular paragraphs from University Counsel and never saw the entire Statement; or, if he did see the entire Statement, he only skimmed over it and never read the entire document in detail. In what he characterized as an effort to maintain attorney-client privilege, Nance did not share the draft Statement with current Title Coordinator Ariana Wright or anyone else at OIED. In fact, neither nor Assistant for Strategic Communications Genard were consulted during the drafting or editing of the Statement. 4. The Virginian-Pilot June 10, 2021, Article and ODU\u2019s Response On June 10, 2021, The Pilot Article, Blake Bailey was an star. Faculty and students say he abused and harassed women for years (the \u201cArticle\u201d), was published detailing allegations of sexual misconduct against Bailey. The Article included a redacted full copy of ODU\u2019s May 26, 2021, Statement. Almost immediately upon release of the Article, the administration began receiving an influx of negative responses from the University community. Many individuals, especially those within the English Department, voiced disappointment via email directly to Broderick and the administration. English Department Chair Sheri Reynolds also received multiple emails from outraged faculty members. In response to the Statement and the Article, a number of faculty members within the English Department created a petition in support of survivors of sexual misconduct, assault, and harassment. Ultimately, a letter, together with the petition, was sent to Broderick suggesting a list of four things the University should do in response to the Article. In response, Broderick convened a meeting among certain administrators and Legal to discuss a public response to The Pilot Article. The following individuals attended this meeting: (1) Broderick, (2) Nance, (3) Genard, (4) DuBois, (5) Karen Meir Community Relations), and (6) an unnamed individual from a crisis management firm. These individuals, 91 along with September Sanderlin for Human Resources (\u201cSanderlin\u201d), and Provost Austin Agho (\u201cAgho\u201d) were involved in the drafting of a response to the Article. Prior to the meeting convened by Broderick, on June 10, 2021, Wright had reached out to Kaufman & Canoles at the request of Broderick for them to draft a short response statement for to publish if the administration received further inquiries.115 Kaufman & Canoles immediately drafted a response statement and shared it with Nance and Wright on June 11, 2021.116 The response statement was first edited by Wright and it was further revised by Broderick and DuBois.117 Nance and Phillip Walzer employee and former reporter for The Pilot) also reviewed the statement and provided input.118 On June 14, 2021, Broderick sent an email to the community responding to the Article.119 In the email, Broderick apologized to the victims, indicated that a transparent and independent investigation had been conducted, and stated that was establishing a task force to review and address concerns raised in the petition \u201cin support of survivors of sexual misconduct, assault and harassment.\u201d120 Subsequently, on June 24, 2021, Broderick sent a follow-up email to the community reassuring the community that was taking appropriate steps to investigate the matter and to enhance ODU\u2019s reporting mechanisms for sexual misconduct.121 Prior to this follow-up email being sent, it was reviewed by Broderick\u2019s staff, including Nance, DuBois, and Genard. 115Wright email to Kaufman & Canoles regarding response to the Article, June 10, 2021, 11:41 am. 116Kaufman & Canoles emails with draft Response Statement, June 11, 2021, 11:34 am and 3:16 pm. 117Wright email to Kaufman & Canoles regarding Revised Privileged Draft Statement, June 11, 2021, 4:15 pm. 118Nance email to Kaufman & Canoles with revisions, June 13, 2021, 1:32 am; Walzer email to Nance with revisions, June 13, 2021, 6:15 pm. 119Broderick email to Monarch Community, June 14, 2021, 5:36 pm. 120Id. 121Broderick email to Monarch Community, June 24, 2021, 8:32 pm. 92 Sexual misconduct of any kind is a serious issue across college campuses. Unfortunately, Old Dominion University is not exempt from this problem. It is essential that complainants be treated with respect and such matters be handled with appropriate care. We are cognizant of the ever-changing legal landscape concerning sexual misconduct and institutions of higher learning. And, we also recognize the difficulty in conducting a factual review of events which took place long ago. Although there may have been no clear violation of Title VII, Title IX, or any other applicable law or policy, best practices dictate that should have done more to address the Bailey allegations at the time. The most concerning aspect of our review is the involvement of former senior administration officials in the editing and approval of the insensitive May 26, 2021, Statement to The Pilot concerning the Bailey allegations. The Statement blamed complainants, instead of providing the care and support they deserve. The Statement also made appear indifferent to the issues of sexual misconduct, and caused unnecessary damage to the University community. The current administration has taken the important steps of identifying shortfalls and correcting mistakes should continue down this path to ensure the campus is an environment free from sexual misconduct and discrimination. The administration should also continue to strive to ensure every member of the community is aware of their rights and responsibilities regarding allegations of sexual misconduct."}
7,567	Earl Hill	Southern University and A&M College	[ "7567_101.pdf" ]	{"7567_101.pdf": "v (2004) Court of Appeal of Louisiana,Fourth Circuit. G. Jean v COLLEGE; Board of Supervisors, Southern University and Agricultural and Mechanical College. No. 2003-CA-0231. Decided: July 14, 2004 (Court composed of Judge MURRAY, Judge E. KIRBY, Judge N. TOBIAS, JR.). Victor R. Farrugia, Victor R. Farrugia, PLC, New Orleans, LA, for Plaintiff/Appellant. Richard P. Ieyoub, Attorney General, M.H. Gertler, Assistant Attorney General, Jill D. Trahan, Assistant Attorney General, Gertler, Gertler, Vincent & Plotkin, New Orleans, LA, for Defendant/Appellee. Defendants, Southern University and Agricultural and Mechanical College of New Orleans and its Board of Supervisors [hereinafter collectively referred to as \u201cSUNO\u201d], appeal the trial court's judgment in favor of plaintiff Jean Brooks, a former instructor, awarding her damages for sexual harassment, gender discrimination and retaliation. Ms. Brooks also appeals the judgment, alleging that the trial court improperly granted a that significantly reduced the amount of damages as determined by the jury. Additionally, both parties appeal a companion judgment, rendered the same day, which awarded attorney fees and costs. Ms. Brooks contends that the trial court awarded an insufficient amount of \uf002 / / / / Find a Lawyer Legal Forms & Services \uf107 Learn About the Law \uf107 Legal Professionals \uf107 Blogs 2/21/25, 7:55 v (2004) \| FindLaw 1/40 attorney fees, and contends that the trial court awarded an excessive amount of costs. For the reasons that follow, we amend both judgments and affirm as amended Jean Brooks was hired by in August of 1992 to work in a dual capacity: as an instructor in the Health and Physical Education Department, a full-time position, and as the coach of the women's basketball team, a part-time position. Each position was subject to a year-to-year contract. With respect to her coaching position, Ms. Brooks' immediate supervisor was Earl Hill, SUNO's Athletic Director and men's basketball coach. Beginning in March of 1997, Jean Brooks twice filed and then dropped written complaints against Earl Hill alleging gender discrimination and sexual harassment. Apparently, the complaints were withdrawn by Ms. Brooks in an effort to cooperate with SUNO's attempts to work things out between herself and Mr. Hill. She filed a third complaint in March of 1998, which eventually was heard by a grievance committee and was determined to be without merit. However, in February of 1998, Ms. Brooks was notified by the Chancellor of that her contract as an instructor, which was due to expire in June, would not be renewed for the 1998-99 school year. Then in May of 1998, Ms. Brooks was informed that her position as head coach of the women's basketball team also would be allowed to expire and would not be renewed for the next season. On February 23, 1999, Ms. Brooks filed the instant lawsuit against alleging gender discrimination, sexual harassment and retaliation. The case was tried to a jury for eight days. At the conclusion of the trial, the jury found that was guilty of both sexual harassment and gender discrimination toward Jean Brooks, and that SUNO's decision not to renew Ms. Brooks' contracts as instructor and coach was made in retaliation for her assertion of such claims against Earl Hill. The jury found that Ms. Brooks was entitled to $8,000.00 in damages for lost income and $475,000.00 in general damages for emotional pain and suffering, mental anguish, humiliation, shame, loss of self-esteem, embarrassment, and injury to her reputation. After the rendition of the jury verdict made motions for JNOV, for remittitur and for new trial. From the bench, the trial court denied the motions for and for new trial, but granted a remittitur reducing the amount of general damages to $65,000.00. However, a judgment on the remittitur was never entered because the plaintiff declined to consent, as is required by Louisiana Code of Civil Procedure article 1814. On March 26, 2002, the trial court rendered judgment vacating the granting of the remittitur (which judgment actually had never been signed), denying SUNO's motion for new trial, granting the previously denied motion for JNOV, and awarding damages in the amount of $65,000.00 to the plaintiff. The plaintiff then filed a motion for attorney fees and a motion to amend the March 26th judgment to correct certain procedural errors.1 The trial court on its own motion granted a new trial to correct those errors. Following a hearing on the attorney fee issue, the court on April 10, 2002, rendered two separate 2/21/25, 7:55 v (2004) \| FindLaw 2/40 judgments: 1) an \u201cAmended Judgment,\u201d which was identical to the March 26th judgment except that it cited both defendants and the Board of Supervisors of SUNO) and included the $8,000 originally awarded for loss of income; and 2) a judgment awarding the plaintiff $29,200.00 (forty percent of the total award of $73,000) in attorney fees and $6,033.38 in costs. Both Jean Brooks and have devolutively appealed the two judgments rendered on April 10, 2002. Ms. Brooks asserts that the trial court erred by granting the on damages and by awarding an insufficient amount of attorney fees asserts that evidentiary errors made by the trial court unfairly prejudiced the jury, which necessitates a de novo review; that the trial court erred by finding liable for sexual harassment; that the trial court erred by finding liable for gender discrimination; that the trial court erred by finding that SUNO's failure to renew Ms. Brooks' contracts constituted retaliation; and finally, that the trial court included improper items in its award for court costs A. Standard of Review We first address SUNO's contention that a de novo review is required because the trial court's errors in admitting improper evidence unfairly tainted the jury's verdict. When a trial court makes one or more prejudicial legal errors which interdict the fact-finding process, the manifest error standard is no longer applicable, and the appellate court is obliged to make its own independent, de novo review of the record if such is complete. Evans v. Lungrin, 97-0541, 97-0577, p. 7 (La.2/6/98), 708 So.2d 731, 735; McLean v. Hunter, 495 So.2d 1298,1303-04 (La.1986). The Supreme Court stated in Evans: \u201cLegal errors are prejudicial when they materially affect the outcome and deprive a party of substantial rights.\u201d 97-0541, p. 7, 708 So.2d at 735. However, under Evans, a de novo review should not be undertaken for every evidentiary exclusion error. De novo review should be limited to consequential errors, which are those that have prejudiced or tainted the verdict rendered. Wingfield v. State ex. rel. Dept. of Transportation and Development., 2001-2668, 2001-2669, p. 15 (La.App. 1 Cir. 11/8/02), 835 So.2d 785, 799. In the instant case cites three particular instances in which it claims prejudicial evidentiary errors were made: (1) the trial court's admission of the testimony of two former work study students who had lodged sexual harassment complaints against Earl Hill prior to the plaintiff's employment by the university; (2) the trial court's admission of certain testimony by plaintiff's witness, Charles Jones, which defendant contends was hearsay; and (3) the trial court's refusal to grant a mistrial after sustaining defendant's objection to a question posed by plaintiff's counsel to employee Sherrye Carradine asking whether she had ever filed sexual harassment charges at SUNO. We discuss each issue in turn. 1. Evidence of prior sexual harassment complaints 2/21/25, 7:55 v (2004) \| FindLaw 3/40 Prior to trial, the trial court denied SUNO's motion in limine to exclude the testimony of two former students, Alicia Porter and Orlinda Stansberry Jackson, each of whom had filed a formal sexual harassment complaint against Earl Hill in the spring of 1992, a few months prior to SUNO's hiring of Jean Brooks.2 After these two complaints were filed formed a committee to hear the complaints. Neither student appeared at the committee hearing, which was held in May, 1992; however, Earl Hill did appear and testify. At the conclusion of the hearing, the committee found insufficient evidence to support the complaints. At trial, Alicia Porter testified she was a freshman work-study student assigned to work in the Athletic Department in March of 1992. She stated that Coach Hill made her uncomfortable by repeatedly asking her if she thought he was attractive. He also called her on the phone and asked what she wanted for her birthday and whether she wanted something special, saying he could do a lot for her. He also told her not to tell anyone it was him on the phone. When she made it clear she didn't want anything from him and then said she had to go and hung up, he told her he would call her later. Another day he called her into his office and asked whether she was married, to which she responded that she was. He said that maybe he shouldn't have said anything to her because \u201cyou know there's a lot of sexual harassment charges going around.\u201d When she responded she wasn't the type to file charges, he tried to get her to come around the desk and give him a hug and kiss, but she refused. Ms. Porter testified that all of Coach Hill's advances were unwelcome, and that she refused them all. Finally, she stated that Coach Hill told Ms. O'Neal, who supervised the work-study students in the Athletic Department, that he wanted the students to dust when they did not have any other work to do, but Ms. O'Neal did not make them dust because they were supposed to be able to study if there was no clerical work for them to do. Ms. Porter's formal complaint, introduced into evidence, tracks her testimony. She testified that she did not know about the hearing conducted regarding her complaint. To rebut her testimony introduced a letter mailed to Ms. Porter informing her of the time and place of the hearing and of her right to testify. Ms. Porter also testified that she did not act in concert with Orlinda Stansberry, who had also filed a complaint against Coach Hill during the same time period. In lieu of live testimony, the deposition of Orlinda Stansberry Jackson, who was living in Atlanta at the time of trial, was read into the record. Like Ms. Porter, in 1992 Ms. Jackson was a work-study student assigned to the Athletic Department under the supervision of Ms. O'Neal. She testified that on various occasions, Coach Hill told her that she was beautiful and that he wanted to be with her; invited her to his apartment and told her he had keys for her; sneaked up behind her while she was studying at a desk and kissed her; and finally, suggested that she take a peppermint he was eating right out of his mouth (in response to her asking whether she could take a peppermint from the jar on his desk). She testified that these incidents were unwelcome, that they always occurred in private, and that Coach Hill repeatedly asked her not to tell anyone about them. Because of Coach Hill's behavior, Ms. Jackson asked for and received a transfer out of the Athletic Department. She also filed a formal complaint with 2/21/25, 7:55 v (2004) \| FindLaw 4/40 charging Earl Hill with sexual harassment introduced a certified letter signed for by Ms. Jackson's father informing Ms. Jackson about the hearing and her right to appear. Ms. Jackson testified that although she was aware of the hearing, she did not attend because she was afraid to face Coach Hill, and she had already been transferred out of the Athletic Department. She did not pursue the matter further because she believed the complaint would go on Coach Hill's records regardless of the outcome of the hearing. She also testified she did not act in concert with Alicia Porter and did not know the outcome of Ms. Porter's complaint. On appeal argues that even if the testimony of the two work-study students is relevant, it nevertheless should have been excluded under Louisiana Code of Evidence article 403 because its probative value was outweighed by the danger of unfair prejudice. Moreover contends the admission of the testimony violated Code of Evidence article 404(B), which states that \u201cevidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show that he acted in conformity therewith.\u201d 3 Considering these standards, we first must determine whether the trial court clearly abused its discretion by denying SUNO's motion in limine. Jones v. Peyton Place, Inc., 95-0574 (La.App. 4 Cir. 5/22/96), 675 So.2d 754. Then, if we find the trial court committed legal error by admitting the testimony, we must determine whether that error was so consequential that it tainted the verdict or prejudiced the outcome. Evans v. Lungrin, 97-0541, 97-0577, p. 7 (La.2/6/98), 708 So.2d 731, 735; McLean v. Hunter, 495 So.2d 1298,1303-04 (La.1986). As the Supreme Court stated in Evans v. Lungrin supra: Legal errors are prejudicial when they materially affect the outcome and deprive a party of substantial rights. Id., p. 7, 708 So.2d at 735. Thus, a de novo review should not be undertaken for every evidentiary error, as unnecessary steps of review not only usurp the jury's function, but are a clear waste of judicial economy. Wingfield v. State Dept. of Transportation and Development, 2001-2668, 2001-2669, p. 15 (La.App. 1 Cir. 11/8/02), 835 So.2d 785, 799 (citing Evans, supra ). In the instant case, we find the trial court did not abuse its discretion by allowing the testimony of Ms. Porter and Ms. Jackson. Considering that the plaintiff has alleged that she was sexually harassed by her male supervisor in a work environment, evidence that the same supervisor exhibited similar behavior toward other females who worked under his supervision is clearly relevant. Moreover, although the incidents related by Ms. Porter and Ms. Jackson occurred several months before Ms. Brooks began working at SUNO, these incidents were not so attenuated in time as to be stripped of their relevance. In addition, we find that the testimony of the work-study students was more probative than prejudicial. Because sexual harassment generally occurs in private without witnesses, the testimony of others who claim to have suffered similar treatment as that of the victim from the same harasser is often the only support for the victim's story, and in that sense is highly probative. In our view, the probative value of this type of evidence clearly outweighs any prejudice to the defense. In a case similar to the instant 2/21/25, 7:55 v (2004) \| FindLaw 5/40 one, wherein the plaintiffs worked in a medical clinic and sued a co-employee / physician, as well as their employer, for sexual harassment, this court found that it was error for the trial court to have excluded the deposition testimony of three women who each claimed the physician had had an unwelcome sexual encounter with her (two of which had occurred in the clinic and one at a private home). In that case, we determined that the deposition testimony was more probative than prejudicial. See Lawson v. Strauss, 98-2096, p. 7 (La.App. 4 Cir. 12/8/99), 750 So.2d 234, 239-240 argues, however, that the testimony of Ms. Porter and Ms. Jackson should have been excluded under La.C.E. article 404(B) as impermissible evidence of other crimes or wrongs. In this vein first notes that because its committee investigated the students' complaints and found insufficient support for them, there is no proof that Coach Hill committed these wrongs and therefore they must be excluded. We disagree. The jury heard the witnesses' testimony as well as the fact that a committee dismissed the witnesses' complaints for lack of support following a hearing at which neither complainant showed up. Each witness was questioned about why she did not show up for the administrative hearing. It is the province of the jury to judge the credibility of those witnesses with regard to whether Earl Hill behaved toward them as they said he did. The incidents to which Ms. Porter and Ms. Jackson testified are not crimes. Earl Hill is not a criminal defendant; in fact, he is not a defendant at all in this case, which concerns only the liability of for his actions. Evidence concerning Coach Hill's possible sexual harassment of others at is relevant to the determination of whether an atmosphere of sexual harassment existed at the plaintiff's workplace and whether was responsible for it under the doctrine of respondeat superior. Despite SUNO's contention, the admissibility of this evidence is not foreclosed by cases holding that in order to introduce evidence of a prior offense in a criminal trial, the State must be able to prove that the defendant actually committed that prior offense. Accordingly, we conclude that the trial judge did not err or abuse its discretion by denying SUNO's motion in limine. 2. Hearsay evidence next argues that the trial court committed reversible error by admitting hearsay testified to by Charles Jones. Mr. Jones, who served as an equipment manager / trainer in the Health and P.E. Department at during the plaintiff's tenure there, was the first witness called by the plaintiff's counsel. Over defendants' objection, he testified that a work-study student, Orlinda Jackson, refused to monitor the phones in the offices where Coach Hill was working and when asked why, Ms. Jackson told him Coach Hill had kissed her and had asked her friend, another student, to go to bed with him. Mr. Jones testified that he had advised Ms. Jackson to file a complaint with the university. Hearsay is a statement, other than one made by the declarant while testifying at the present trial or hearing, offered in evidence to prove the truth of the matter asserted. La.Code Evid. Ann. art. 801(C) (West 1995). Hearsay is generally inadmissible. Id. art. 802. The trial court's erroneous admission of 2/21/25, 7:55 v (2004) \| FindLaw 6/40 hearsay testimony is subject to the harmless error analysis. State v. Perkins, 97-1119 (La.App. 3 Cir. 6/17/98), 716 So.2d 120. The admission of a hearsay statement that is merely cumulative or corroborative of other evidence is generally held to be harmless error. State v. Lavigne, 95-0204 (La.App. 4 Cir. 5/22/96), 675 So.2d 771; State v. Hawkins, 90-1235 (La.App. 4 Cir. 9/15/95), 667 So.2d 1070, affirmed 96-0766 (La.1/14/97), 688 So.2d 473. When the declarant is present at trial and testifies regarding the same information contained in the hearsay, the hearsay is merely corroborative, and the error is harmless. See, e.g.: State v. Ditcharo, 98-1374 (La.App. 5 Cir. 7/27/99), 739 So.2d 957; State v. Smith, 97-1075 (La.App. 5 Cir. 4/15/98), 710 So.2d 1187. In the instant case, the trial court's allowance of Mr. Jones' testimony concerning what was told to him by Orlinda Jackson, even if erroneous, was harmless in light of the admission into evidence of Ms. Jackson's deposition testimony concerning the same subject matter. Such an error would not be sufficient to trigger de novo review. 3. Improper Questioning of Witness contends that an improper question posed by plaintiff's counsel to one of the plaintiff's witnesses, Sherrye Carradine, unfairly prejudiced the jury and affected the verdict. The plaintiff's counsel asked Ms. Carradine, an employee of SUNO, whether she had ever filed \u201csex harassment charges at the university objected to the question as irrelevant, and a discussion among counsel and the court, in the presence of the jury, ensued, during which plaintiff's counsel made the comment: \u201cIt's the same-Same sex harassment charge against someone in the university.\u201d The trial judge then asked the witness how many instructors were at the university, to which she responded that there were 250 to 300 faculty members. At this point the trial judge retired to his chambers to confer with counsel, which conference was transcribed into the record. SUNO's counsel noted that the question was intended to refer to a charge of sexual harassment made by the witness, Ms. Carradine, against the current Chancellor of SUNO, who was not at during Ms. Brooks' tenure; the charge had no relationship to Earl Hill. The trial judge decided that although the question was improper and irrelevant, the fact that the jury heard it did not warrant a mistrial. He resumed the trial, and instructed the jury as follows: Anyway, where we were Mr. Farrugia [plaintiff's counsel] had asked if in fact perhaps this lady had filed anything. My ruling is that it's really irrelevant and like say don't want to be out in the gulf waters on a fishing expedition, because, you know, anybody could do anything suppose. So it was a gratuitous remark. And I'm going to rule that it's irrelevant so she doesn't have to worry about answering. It's kind of a little play now contends that despite the court's remedial instruction, the improper question unfairly prejudiced the jury by implying that sexual harassment was rampant at SUNO, which tainted the verdict. We do not agree. Although improper, the posing of that one question, in and of itself, was not 2/21/25, 7:55 v (2004) \| FindLaw 7/40 sufficient to raise the inference that had a huge sexual harassment problem or that the university routinely condoned sexual harassment. We believe the trial judge's sustaining of the objection and his additional instruction to the jury that the question was irrelevant sufficiently cured any potential prejudicial effect on the verdict. The trial court did not err by refusing to declare a mistrial. Accordingly, we conclude that none of the alleged evidentiary errors cited by warrant a de novo review of the finding of liability. We therefore are mandated to employ the manifest error/clearly wrong standard of review. B. Jury's Verdict The trial court accepted the jury's verdict with regard to SUNO's liability. As reflected in its answers to the jury interrogatories, the jury made the following factual determinations based upon the evidence presented to it: (1) Jean Brooks was subject to unwelcome sexual harassment by Earl Hill while she was at SUNO; (2) The non-renewal of Ms. Brooks' contracts of employment as both coach and instructor was the culmination of Mr. Hill's harassment; (3) Gender discrimination was a determining factor in the non- renewal of Ms. Brooks' contract as coach, but was not a determining factor in the non-renewal of her contract as instructor; (4 retaliated against Jean Brooks for her having filed complaints of sexual harassment by not renewing her contracts of employment as coach and instructor. C. Discussion of the Evidence Jean Brooks testified that when she first started working at SUNO, she had a good relationship with Coach Hill, who had hired her, except for the fact that he kept asking her why she had not dated him in high school. Although she and Coach Hill had attended the same high school, Ms. Brooks explained that they had not hung around in the same crowd. Coach Hill then began asking her to go out with him, which she refused to do because she was not interested. He continued to ask, about once a month, and then questioned her as to why she did not want to go out with him. He told her he was big and handsome, he didn't smoke, drink, use drugs, or beat women, and he took care of his children. He also periodically made comments about her appearance, such as suggesting she should wear a shorter dress. Once he asked her if she was wearing a bra, saying that he could see her nipples through her t- shirt and it turned him on. Ms. Brooks stated that she sometimes made excuses to put Coach Hill off, such as reminding him that he already had a girlfriend or telling him that she thought of him as family. Ms. Brooks testified that she never encouraged Coach Hill; in fact, she tried to avoid him. However, it got to the point where every private meeting she had with him in his office ended with his asking her out and making other personal comments, such as asking her why she wasn't being nicer to him. He told her that if she was \u201cnice,\u201d she did not have to worry about losing her job, and he would buy her nice things. Ms. Brooks explained that she sometimes invented excuses to discourage him because she was worried about offending him and 2/21/25, 7:55 v (2004) \| FindLaw 8/40 about losing her job. For instance, when he offered to make her dinner at his house, she refused, but said she would think about it. Another time, just to get out of his office after he had asked when she was going to be nice to him, she said she would surprise him. According to her testimony, after that incident he repeatedly told her he was still waiting for his surprise. Ms. Brooks stated she dreaded going to his office and avoided it as much as possible. According to Ms. Brooks, after she had repeatedly refused Coach Hill's advances, sometime in 1995 or 1996, he began to interfere with her coaching of the basketball team in ways she believed to be unfair. For instance, he made her cut her practice time from three hours to two hours daily, and he sent her a letter requiring her to wear a uniform shirt to practices, although the male coaches did not have to wear a particular shirt. She believed he forced her to coach with student assistants rather than a regular assistant and deliberately did other things, such as waiting until the last minute to sign her requisition forms, or making her girls' basketball team late for important games, apparently to sabotage her record. He also ceased communicating with her directly, forcing her to go through others or to communicate solely in writing. On November 4, 1996, Ms. Brooks sent Coach Hill a letter, which was introduced into evidence. In it, she did not specifically allege discrimination or harassment, but she requested that he meet with her in an effort to \u201crecreate\u201d their once \u201cwholesome\u201d relationship and to discuss her job requirements. Mr. Hill declined her request for a meeting because he did not like the fact that her letter was copied to an attorney and to her minister. Shortly thereafter, Coach Hill sent Ms. Brooks a letter complaining about her violation of the mandatory study hall policy for her players; she sent him a written response, explaining that she found it more effective to speak directly with the instructors of any classes in which her players were doing poorly. She also spoke with Robert Gex, then Chancellor of SUNO, about her concerns for the women's basketball program, and then sent him a letter on November 15, 1996, thanking him for allowing her to express her concerns and telling him she was following his advice to put all her communications with Coach Hill in writing. On November 19, she sent Chancellor Gex a letter requesting a meeting with him and Coach Hill to resolve her concerns about the women's basketball program. During this time, she continued to communicate in writing with Coach Hill about various coaching issues, such as her request that she be allowed to reinstate three-hour practices. In writing, Coach Hill refused her request and stated that he did not want to receive any more correspondence regarding the matter. On December 16, Ms. Brooks sent another letter to Chancellor Gex reminding him of her request for a meeting. On January 6, 1997, Coach Hill sent Chancellor Gex a recommendation that Ms. Brooks receive a one-game suspension without pay for insubordination with regard to the two-hour practice limit; the recommendation was accepted. On January 24, Coach Hill sent a letter to Ms. Brooks scheduling a meeting in his office that same day with the Department secretary present to take notes. Ms. Brooks testified that the letter was hand delivered to her between 2:00 and 2:30 p.m., and as she 2/21/25, 7:55 v (2004) \| FindLaw 9/40 had practice scheduled at 3:00 p.m., she went to Coach Hill to request another time. However, when he insisted on meeting with her right then, she refused and went to practice, as her team had a game the next day. Shortly thereafter, Ms. Brooks heard a rumor that Coach Hill had recommended she be fired because she did not have a winning record; she testified that Chancellor Gex confirmed the rumor to her but told her he had not decided whether to accept Coach Hill's recommendation. On March 14, 1997, Ms. Brooks sent Chancellor Gex a letter saying she was formally charging Coach Hill with \u201cSexual Discrimination/Harassment\u201d based on his having singled her and her program out with unfair restrictions, causing her undue stress and anguish, and noting his \u201cdocumented history of placing undue pressure and stress on the majority of females he [had] supervised.\u201d The formal complaint form that Ms. Brooks later filled out listed eight specific incidents, all having to do with Coach Hill's decisions regarding her team and her coaching of it, which she believed evidenced his attempt to sabotage her record so that he could fire her. After she filed the complaint, Ms. Brooks' attorney spoke with Chancellor Gex. According to Ms. Brooks' testimony, on the advice of her attorney, she agreed to withdraw her formal complaint in exchange for the Chancellor's verbal promise to address her concerns and not to terminate her. On May 15, 1997, she sent Chancellor Gex a letter withdrawing her complaint. Subsequently, she attended a meeting with the Chancellor, SUNO's attorney, her own attorney, and Coach Hill. Ms. Brooks testified that at a certain point in the meeting, she and Coach Hill were asked to leave with the understanding that the other three parties would work out an agreement. Ms. Brooks believed, however, that her attorney was to contact her before he signed anything. Approximately two weeks later, her attorney mailed her the Chancellor's written summary of specific terms to which all parties had allegedly agreed in the meeting, although Ms. Brooks had not been consulted. The agreement did not mention any of the prior sexual conduct of Coach Hill; it merely addressed the items Ms. Brooks had listed in her formal complaint, which were limited to coaching-related issues. According to her testimony, Coach Hill had stopped making sexuallyoriented remarks to her after he had learned she was going to file a formal complaint; from that point on, he had instead completely stopped speaking to her memorandum dated June 30 from Dr. Gex to Ms. Brooks, her attorney, Mr. Hill, and SUNO's attorney, summarized the agreement reached among those parties at the prior meeting. The first stipulation was that Ms. Brooks' employment as basketball coach would be continued through the 1997-1998 fiscal year. Another stipulation was that Ms. Brooks would be allowed to conduct three-hour practices. In addition, the agreement defined a \u201csuccessful\u201d season for women's basketball as one in which the team had a winning record, that is, won more games than it lost. The memorandum noted Coach Hill's concern that in five seasons at SUNO, Ms. Brooks had not yet achieved a winning season. The agreement further stipulated that Coach Hill would continue to be the prime evaluator of Ms. Brooks' performance as a coach, but that his evaluation would be closely tied to the win / loss record of her team. Coach Hill acknowledged that the requirement of wearing uniform practice shirts should have 2/21/25, 7:55 v (2004) \| FindLaw 10/40 been applied to all coaches or to none of them, but stated that he had issued it in response to what he believed was inappropriate clothing worn by Ms. Brooks. Other points of the agreement involved assistant coaches, salaries for male and female coaches, transportation to away games, and budget appropriations for men's and women's teams. Ms. Brooks testified that she was unhappy with many provisions in the agreement; specifically, she was concerned that Coach Hill would continue to be the primary evaluator of her job performance. Although the agreement stipulated that Coach Hill's evaluation would be closely tied to her team's record, Ms. Brooks believed that Coach Hill was deliberately trying to sabotage her efforts to improve that record. Because she was unhappy with the agreement, Ms. Brooks dismissed her attorney and hired a new one. On July 7, 1997, she sent Dr. Gerald Peoples, who had become Chancellor of on July 1st, a letter informing him that she was re-filing her previously withdrawn sexual discrimination claim against Earl Hill and was adding a sexual harassment claim, noting that Mr. Hill had become increasingly hostile and antagonistic toward her personally and professionally. In the accompanying formal complaint on sexual harassment, Ms. Brooks documented numerous incidents of \u201cunsolicited and unwanted sexual remarks\u201d made by Coach Hill from the fall of 1992 to the spring of 1996.4 Under \u201cdesired action / outcome,\u201d she wrote that she wanted the harassment to stop and for to do \u201cwhatever is appropriate for the offense.\u201d Shortly after she filed her second complaint, Coach Gerald Kimble, a retired coach and a friend of Ms. Brooks and of Coach Hill, called Ms. Brooks. According to Ms. Brooks, Coach Kimble told her that he was acting as an intermediary at the request of Chancellor Peoples and Coach Hill. Ms. Brooks testified that Coach Kimble promised her that in exchange for dropping her charges against Coach Hill would allow her to run her basketball program without interference for three years, during which time the university would not terminate her. Although this agreement could not be put in writing because all untenured instructors such as Ms. Brooks were required to have year-to-year contracts, Coach Kimble allegedly told Ms. Brooks that if reneged on the deal, she could re-file the charges and he would testify in her defense. As a result of her conversation with Coach Kimble, Ms. Brooks sent Chancellor Peoples a letter on July 27, 1997, informing him that she was withdrawing her July 7th complaint because she had decided to extend a \u201cspirit of cooperation to the new administration.\u201d She also requested a meeting with Dr. Peoples and Coach Hill. Two days later, Ms. Brooks was sent formal notification that her employment as an instructor in the Health and P.E. Department was being renewed for the 1997-1998 academic year. According to her testimony, however, Ms. Brooks continued to have trouble with Coach Hill. She claimed he upset her by telling her at the last minute that her teenage niece, of whom she had custody, could not ride the bus to an away game, forcing her to drive behind the bus in her car. She also testified that he deliberately made the girls' team late for their final game by being two hours late for the bus and then by 2/21/25, 7:55 v (2004) \| FindLaw 11/40 stopping on the way to feed the boys' team, whose game was later, before they arrived. Ms. Brooks believed Coach Hill was trying to sabotage her team by forcing them to play with only ten minutes of warm-up time, thus ensuring she would not have a winning season. Nevertheless, her team won the game, which meant they had won more games than they had lost, thus achieving her first winning season at SUNO. Despite this fact, Ms. Brooks received formal notice from Dr. Peoples on February 27, 1998, that her employment as an instructor in the Health and P.E. Department, which accounted for ninety percent of her salary, would terminate when her yearly contract expired on June 10, 1998. Because the letter stated that Ms. Brooks had not been recommended for continued employment, she contacted her immediate supervisor, Dr. Artis Davenport, then Chairman of the Health and P.E. Department. Dr. Davenport told Ms. Brooks that he was surprised to hear of her termination, that he had never been asked whether he would recommend her for continued employment, and further, that he had never had to recommend her in past years, when her contract had been automatically renewed. Dr. Davenport then wrote a memorandum to Dr. Patricia Harris, Vice-Chancellor for Academic Affairs, informing her that he did recommend that Ms. Brooks be continued, but Dr. Harris responded that it was too late to change the decision. On March 17, 1998, Ms. Brooks notified Dr. Peoples that she was re-filing her sexual discrimination charges against Earl Hill, and attached her letter of July 7, 1997. On March 20, 1998, she filed another formal complaint form, but detailed only the incidents that had occurred since her previous complaint. In addition, Ms. Brooks sent a letter to Marilyn Ray, the Interim Dean of the College of Education, informing her that she intended to continue the grievance process, specifically with regard to her termination. Ms. Brooks testified that by this time she had come to believe that Dr. Peoples and Coach Hill, who were good friends, were working together against her.5 She also testified that since the time that Coach Hill had recommended to Chancellor Gex that she be terminated, she had cried repeatedly at work and more often at home. Chancellor Peoples responded to Ms. Brooks' letter by requesting in writing that Ms. Brooks clarify the nature of her grievance. In response, Ms. Brooks' new attorney sent a letter saying her grievance was \u201csex discrimination and harassment based upon her gender, female, perpetrated by the Athletic Director, Earl R. Hill.\u201d On May 29 notified Ms. Brooks that her employment as coach of the women's basketball team would also end June 30, 1998, when her contract expired. After receiving this letter, Ms. Brooks sent Dr. Peoples a letter informing him that she had been trying unsuccessfully to find out what procedures she needed to follow in order to continue the grievance process with regard to her termination. On June 3, a grievance committee appointed by Chancellor Peoples held a hearing regarding the third complaint filed by Ms. Brooks. Ms. Brooks, her attorney, and Coach Hill were present. Ms. Brooks was given the opportunity to make a statement, but did not do so. According to Ms. Brooks, the committee 2/21/25, 7:55 v (2004) \| FindLaw 12/40 limited its consideration to the two recent coaching-related incidents that were detailed in her third complaint. She testified that she was surprised by this approach because she thought that her previously withdrawn complaints were revived when she filed the third complaint. She also hoped to be allowed to discuss her termination. She testified on cross-examination that she did not know the difference between sexual harassment and gender discrimination. She stated that her attorney was not allowed to speak at the hearing, but only to advise her. Ms. Brooks did not bring any witnesses with her. She admitted that she had not read the rules for the hearing format, and she mistakenly believed that the committee would contact the witnesses she had listed in her complaint. Coach Hill spoke in his own defense at the hearing. At the conclusion of the hearing, the committee found that the evidence did not support the charge of discrimination. Ms. Brooks received a letter dated June 4, 1998, informing her of the committee's decision. In another letter also dated June 4, 1998, Interim Dean Marilyn Ray responded to Ms. Brooks' request to continue the grievance process. In that letter, Dr. Ray stated that Dr. Patricia Harris, the Vice Chancellor for Academic Affairs, had determined that Ms. Brooks was not entitled to use the grievance process because she had been given a position as a \u201cTemporary Instructor for one year, ending June 30, 1998.\u201d On June 15, 1998, Ms. Brooks wrote Dr. Peoples saying she disagreed with the grievance committee's ruling, and she was appealing the decision to Dr. Leon Tarver, the president of the Southern University System. In her letter she noted that she was not allowed to discuss her termination as coach and instructor before the committee. She also reminded Dr. Peoples that he had agreed not to retaliate against her in exchange for her dismissing her charges in July, 1997, and also that he had assured her at that time that both he and Coach Hill understood it would take two to three years for her to develop a winning program. Finally, Ms. Brooks expressed disappointment that despite her having achieved a winning season, as defined by their mutual agreement, in 1997-1998, she had nevertheless been retaliated against. On cross-examination, Ms. Brooks admitted that she did not mention SUNO's alleged promise to retain her for three years in any of her formal complaints or in the federal complaint she filed. She also admitted that her third complaint did not detail any sexual harassment issues, but stated that she believed the second complaint, a copy of which she had attached to the third complaint, had been revived and was a part of the third complaint. Finally, she testified that she believed the grievance committee was biased against her, although she could not say which members were biased. Ms. Brooks also believed that Chancellor Peoples had hand-picked the members of the committee, rather than using a standing faculty committee that already existed to hear grievances.6 In support of this contention, plaintiff introduced a March 22, 1998, letter from Dr. William Stewart to Chancellor Peoples in which Dr. Stewart declined to serve on the \u201cInterim Faculty-Staff Grievance Committee\u201d for the reason that it would be a conflict of interest for him to serve on a committee that duplicated the functions of a standing committee of faculty government. 2/21/25, 7:55 v (2004) \| FindLaw 13/40 Other witnesses presented by the plaintiff at trial confirmed Ms. Brooks' testimony concerning Coach Hill's behavior. Charles Jones, former trainer for SUNO's track and field coach, testified that he heard Coach Hill ask Jean Brooks to go out to dinner with him several times after games, but Ms. Brooks always refused. He also testified that Coach Hill once said Ms. Brooks should be wearing a negligee. Mr. Jones further related that twice he found Ms. Brooks crying in her office and asked why. The first time she said Coach Hill had asked her to go to bed with him and indicated that her job was at stake; the second time Ms. Brooks related that Coach Hill had said he would terminate her. Mr. Jones described the relationship between Coach Hill and the plaintiff in 1996 to 1997 as being \u201ctotally hell.\u201d Carolyn Wicker, the secretary for the Athletic Department from July of 1997 until February of 1998, testified that Coach Hill treated Ms. Brooks very differently from the way he treated the other assistant coaches, who were all male. Specifically, he hollered at Ms. Brooks in front of her students, slammed doors in her face, never included her in meetings with the other assistant coaches, refused to meet with her when she asked, and often waited until the last minute to sign her requisition forms, so that she had difficulty obtaining her funds in time for away games. Ms. Wicker sometimes found Ms. Brooks crying in the ladies room. According to Ms. Wicker, Coach Hill eventually began belittling her for being close to Coach Brooks; according to Ms. Wicker, \u201cHe added me to his list.\u201d Ms. Wicker resigned after Coach Hill suggested she should find another job. She testified that she wanted to put in her letter of resignation that she was leaving because of the way Coach Hill treated women, but someone in the personnel office convinced her that it would not be appropriate. Gerald Kimble, a retired coach at who had taught both Jean Brooks and Earl Hill in high school, testified that he had initially recommended to Coach Hill, a good friend of his, that he hire Jean Brooks as coach of the female basketball team. However, he later heard that Coach Hill and Ms. Brooks had developed personality conflicts. Mr. Kimble testified that at one point, Coach Hill came to him and told him Ms. Brooks had filed a written complaint against him. Coach Hill told Mr. Kimble that if Mr. Kimble could get Ms. Brooks to rescind her complaint, he would stop bothering her, would let her run her program, and would not fire her. Mr. Kimble agreed to try, and he then called Chancellor Peoples and got his permission to intercede. Mr. Kimble said he promised Ms. Brooks she would not be fired if she withdrew the complaint, which she agreed to do, but he denied that he promised her any specific amount of time, such as three years, or that such was ever mentioned by Coach Hill or Chancellor Peoples. Several months later, Ms. Brooks called Mr. Kimble and told him she had been fired anyway. He noted that in actuality, she had been notified that her contracts would not be renewed beyond the 1997-1998 year. Mr. Kimble also testified that Ms. Brooks had mentioned that Coach Hill had made some passes at her, but she never indicated these had anything to do with her termination; instead, she indicated to him that she had been terminated because she had not won enough games. Mr. Kimble stated that all coaches know they have to win, and confirmed that Coach Hill had written Chancellor Gex a memo in January, 1997, in which Coach Hill expressed his concern about the direction of the women's basketball 2/21/25, 7:55 v (2004) \| FindLaw 14/40 program. Mr. Kimble also testified that Coach Hill and Dr. Peoples, who became Chancellor after Dr. Gex, were \u201creal, real good friends\u201d and had been friends for years before Dr. Peoples became Chancellor. Lagabe Williams, a former assistant track coach at SUNO, confirmed that Coach Hill and Dr. Peoples were good friends. Dr. Lawrence Gulley, former Interim Dean of the College of Business, explained the \u201cLow Completer\u201d program.7 This was a program initiated by the Board of Regents to phase out certain majors that were not graduating many students. One of the majors to be phased out by not accepting any new students was Physical Education. However, according to Dr. Gulley, the low completer status of the major did not affect the \u201cservice courses\u201d in that major, which are those courses all students are required to take. Dr. Gulley also testified that the position of instructor, although untenured, was a full-time, permanent, year- to-year position. He testified that the general policy at was that if an instructor was going to be retained for another year, no paperwork or recommendation from the instructor's supervisor was necessary. The plaintiff introduced the deposition of Dr. Artis Davenport, who was employed by from 1961 until he retired in January, 1999. In 1971 he became a full professor and was made Chairman of the Health and P.E. Department, which position he held until retirement. During Jean Brooks' tenure at SUNO, she taught nine to ten hours per semester in his department; Dr. Davenport testified that one had to teach six hours to be considered a full-time faculty member. Ms. Brooks taught service classes that all students were required to take, as opposed to higher level classes generally taken only by Physical Education majors. Dr. Davenport stated that he never recommended that Ms. Brooks be terminated as an instructor, and identified a memo he wrote to Dr. Patricia Harris in that regard. Dr. Davenport testified that Coach Hill wanted Ms. Brooks fired, and that Coach Hill and Chancellor Peoples were very close, so close that Coach Hill generally got whatever he wanted. Dr. Davenport stated that sometime during the 1997-1998 year, Coach Hill came to his office and when they were alone, asked Dr. Davenport to fire Ms. Brooks. Dr. Davenport said his response to Coach Hill was: \u201cDo it yourself.\u201d Sometime later, Coach Hill told Dr. Davenport he was going to get her fired. Dr. Davenport stated that the eventual termination of Ms. Brooks' instructor position did not follow the general policy of because it was not initiated by Dr. Davenport himself, who was chairman of the department in which Ms. Brooks taught. Finally, Dr. Davenport testified that the Health and Physical Education major was discontinued in 1996 because of its low completer status, but that its discontinuation did not affect the classes Ms. Brooks taught, which were all service courses. Plaintiff also introduced the deposition of Sonja McCarthy, an assistant professor in the Health and P.E. Department. Ms. McCarthy confirmed that she had resigned as the volunteer activity director of a summer youth sports program at because of the difficulty she had encountered working with Earl Hill, whom she had described in the letter as insensitive, arrogant and authoritarian. 2/21/25, 7:55 v (2004) \| FindLaw 15/40 Dr. Ding Wu Kuo, Dean of the College of Arts and Social Sciences from 1987 to 2001, testified that it was normal policy at for the department head to determine which instructors were to be retained in his or her department. In his twelve years as Dean, Dr. Kuo said he had followed the recommendation of the department head in all cases except one. He also stated that of eight majors that were designated as low completer in his college, he had recommended that retain all the instructors, and that only one was let go. Dr. Marilyn Ray testified that she was in her 36th year as a Professor of Education at SUNO, and she served as Interim Dean of the College of Education from 1997 to 1998. She identified the by-laws of the university, which state: \u201cAll personnel actions relating to faculty and other members of the academic staff shall be initiated by the employee's immediate supervisor\u2024\u201d Dr. Ray confirmed that Ms. Brooks' immediate supervisor was Dr. Davenport. Dr. Ray herself never recommended that Ms. Brooks' employment as an instructor be discontinued, nor did she recall having received any such recommendation from Dr. Davenport. Dr. Ray did not anticipate that Ms. Brooks' contract would not be renewed. The witness did not recall having received a letter addressed to her from Ms. Brooks concerning Ms. Brooks' intention to continue the grievance process with regard to her termination. Dr. Ray did not recall having spoken with Ms. Brooks concerning a grievance. However, she testified that an instructor at who received a notice that her contract was not going to be renewed is entitled to file a grievance. She testified that Ms. Brooks was a member of the faculty, as that term is defined in the faculty handbook (\u201ca full time member of the instructional staff with the rank of instructor or above\u201d). She also confirmed that, according to the handbook, all faculty members are entitled to the grievance process. Dr. Ray testified that she received from Ms. Brooks' attorney a packet of information concerning her grievance in June or July of 1998. Dr. Ray identified a letter she wrote to Ms. Brooks explaining that she had contacted Dr. Patricia Harris about the grievance, but Dr. Harris had responded that Ms. Brooks was not entitled to the grievance process because of her position as a temporary instructor. According to the letter, Dr. Ray's attempts to contact Ms. Brooks by telephone had been unsuccessful, and she was therefore informing Ms. Brooks in writing that she would be unable to meet with her. Finally, Dr. Ray identified a vacancy announcement for Ms. Brooks' instructor position and confirmed that the notice did not indicate the position was temporary. Ms. Barbara Haynie, who served as the plaintiff's attorney from the time she fired her first counsel until late June, 1998, testified that she responded to Dr. Peoples' request that Ms. Brooks clarify her third complaint. Although Ms. Haynie thought she had clearly indicated by using the term \u201charassment\u201d that the complaint included sexual harassment, Dr. Peoples' response ignored the sexual harassment issue and treated the claim as if it was for gender discrimination alone. Ms. Haynie attended the June 3 grievance committee hearing with Jean Brooks. The witness corroborated Ms. Brooks' testimony concerning the hearing, stating that Ms. Brooks was told in the beginning that the discussion would be limited to two specific incidents that had occurred on a team trip, which Ms. Brooks had detailed in her most recent complaint. Ms. Haynie was not allowed to speak, except to advise her client. According 2/21/25, 7:55 v (2004) \| FindLaw 16/40 to Ms. Haynie, the only persons who spoke were the committee chairman and Coach Hill. Ms. Haynie testified she did not file a new sexual harassment complaint because she assumed the previous one was still viable and perhaps would be addressed at a subsequent hearing. On approximately June 25, Ms. Haynie got a letter from Chancellor Peoples to which was attached a form Ms. Brooks could use to file a complaint regarding her termination, but at about that same time Ms. Haynie had to drop Ms. Brooks as a client, so she referred her to another attorney. Dr. Robert Gex testified that he was Chancellor of for eight years, until June 30, 1997. He stated that it was common to combine an instructor position with a coaching position, as in the case of Ms. Brooks, in order to offer the individual a decent salary. Dr. Gex identified letters from two former students, Orlinda Stansberry and Alicia Porter, who each had asserted a sexual harassment complaint against Earl Hill during Dr. Gex's tenure. Dr. Gex stated that he had appointed a committee to investigate those claims, according to policy. He testified that in 1993, the Board of Regents had initiated a study of \u201clow completer\u201d programs, which were defined as majors that had graduated fewer than eight students per year over the past five years; to comply had to give a rationale for continuing to offer each of those majors. Dr. Gex confirmed that he had once written in a letter that Jean Brooks was a \u201cclass lady\u201d who had brought dignity to SUNO's women's basketball program; the witness said he still believed that. Dr. Gex identified a letter he wrote in 1994 in which he referred to Ms. Brooks as a \u201cfull-time faculty member;\u201d the witness stated, however, that his characterization was in error because Ms. Brooks taught only two classes per semester. He testified that Ms. Brooks held two part- time positions, one as a coach and one as a teacher, and that the two jobs could not be separated, as they had been put together for a reason. He acknowledged that Ms. Brooks was not eligible for a three- year extension of either contract. Dr. Gex also acknowledged that Coach Hill had told Ms. Brooks on at least two occasions that he did not want any further communication from her on a specific subject; Dr. Gex stated, however, that Ms. Brooks could have continued to communicate with him anyway, and he (Dr. Gex) would not have considered such to be insubordination. Dr. Gex received a letter from Coach Hill on January 6, 1997, recommending that Ms. Brooks be suspended for one game for her failure to adhere to Coach Hill's two-hour time limit on practices. Dr. Gex also testified that some of Ms. Brooks' players had come to him and complained that her practices were too long. He approved Ms. Brooks' suspension. He noted that in the January 6th letter, Coach Hill had also expressed his concern about the direction of the women's basketball program. Dr. Gex confirmed that shortly thereafter, Coach Hill recommended to him that Ms. Brooks be terminated as basketball coach. Dr. Gex told Ms. Brooks he had not decided whether to accept the recommendation. He also admitted having told her that he believed she should have more autonomy if she was to be held accountable for her team's record. He denied, however, that he had ever agreed to address her allegations against Coach Hill in exchange for Ms. Brooks' withdrawal of her initial formal complaint. Dr. Gex said he met with Ms. Brooks, her attorney, SUNO's attorney and Earl Hill in June, 1997, solely to \u201cclarify\u201d for Ms. Brooks the issues she had raised. He stated that he decided at that meeting that Ms. Brooks would be 2/21/25, 7:55 v (2004) \| FindLaw 17/40 given a contract extension for the 1997-1998 year, after which she would be terminated. He indicated that his decision was based upon the performance of the women's basketball team, and that the one- year extension was a courtesy in order to allow Ms. Brooks time to find another job. He first testified that he was sure he had told Ms. Brooks this, but later said he did not remember when \u201cthat came out,\u201d saying that he did not tell her at the meeting itself. Dr. Gex admitted that there was no mention of this \u201cterminal year\u201d in his June 30th memorandum to all parties summarizing the agreement reached at the meeting. He testified that he sent a copy of his memorandum to Ms. Brooks' attorney two weeks prior to June 30th, and during those two weeks, he never received any communication from the attorney indicating Ms. Brooks was dissatisfied with any aspect of the agreement. He testified that Ms. Brooks' attorney had agreed verbally to every point listed in the memorandum. As Dr. Gex left his job at on June 30th, he knew nothing further about the Brooks matter, but he believed had honored its commitment to her by keeping her on through the 1997-1998 year. Dr. Gerald Peoples testified that he served as the Chancellor of from July 1, 1997, through February of 2000. He testified that he and Coach Hill had been friends since 1992, and that he generally talked to Coach Hill about two to three times per week. One week after Dr. Peoples became Chancellor, he got a letter from Ms. Brooks saying she was filing sex discrimination / sexual harassment charges against Coach Hill.8 He referred the claim to the Personnel Director, Ms. Caiton. He recalled receiving a phone call from Gerald Kimble and giving him permission to try to \u201cpatch things up\u201d between Hill and Brooks, but he did not know what Mr. Kimble said in order to accomplish this. Later that summer, Dr. Peoples met with Ms. Brooks, Coach Hill and Dr. Stevenson, SUNO's Executive Vice- Chancellor, to discuss Ms. Brooks' concerns about the athletic program. They agreed that Ms. Brooks would continue to be employed for another year, and that she would continue to report to Coach Hill, but Coach Hill would refrain from interfering with her program. They also discussed the importance of Ms. Brooks having a winning season, and the fact that she needed time to get her program going. Dr. Peoples denied, however, that any specific time frame was discussed, and specifically denied ever having consented to giving Ms. Brooks three more years to improve her team's performance; nor was there any discussion about the 1997-1998 year being her final year at SUNO. Dr. Peoples recalled that Ms. Brooks was concerned that Coach Hill had been trying to get her fired and had in fact recommended such to Dr. Gex. Dr. Peoples assured Ms. Brooks that there would be no retaliation against her, and Coach Hill agreed. There was no agreement whereby Ms. Brooks promised to drop her charges; however, after the meeting disbanded, Dr. Peoples received a letter from her saying she was withdrawing the complaint. Dr. Peoples testified that the renewal of Ms. Brooks' teaching contract for another year, of which she was notified two days later, was merely routine. Dr. Peoples believed those letters were sent to all instructors each year. He was surprised to learn that Ms. Brooks had testified it was the first time she had received such a letter. 2/21/25, 7:55 v (2004) \| FindLaw 18/40 Dr. Peoples testified that in February, 1998, he received a letter from Dr. Harris, Vice-Chancellor for Academic Affairs, stating that five instructors, including Ms. Brooks, had not been recommended for continued employment.9 On February 28th, he wrote a letter to each of those individuals informing each that his or her contract would not be renewed. Dr. Peoples testified that he made the decision not to renew Ms. Brooks' contract based primarily upon Dr. Harris' recommendation, considering also that needed to reduce its faculty due to the low completer programs and budget constraints. Dr. Peoples acknowledged that Dr. Davenport, Ms. Brooks' immediate supervisor, wrote a letter three days later saying he would have recommended Ms. Brooks for continued employment if he had been asked. The witness further acknowledged the policy statement in the faculty handbook saying that all personnel actions shall be initiated by the employee's immediate supervisor, but stated his belief that there were exceptions for temporary employees. He believed that Dr. Harris had the authority to make recommendations concerning the discharge of faculty. After being shown the faculty handbook, however, he acknowledged that it did not specifically give the Vice-Chancellor for Academic Affairs that authority, although it did give such authority to the college deans, as well as to the department chairmen. Dr. Peoples denied that the non-renewal of Ms. Brooks' teaching contract constituted retaliation or that it was a violation of his prior agreement not to retaliate against her. After Ms. Brooks re-filed her charges against Coach Hill, Dr. Peoples appointed an \u201cInterim Faculty Staff Grievance Committee\u201d to investigate her grievance. When confronted with Dr. Stewart's letter refusing to serve on that committee because it duplicated the functions of a standing committee of faculty government, Dr. Peoples stated that Dr. Stewart was wrong-that there was no standing committee. He stated that the faculty committee in question was not a standing committee recognized by the Southern University system, and that he, as Chancellor, had the authority to appoint a new committee. When asked about his letter to Ms. Brooks requesting that she clarify her charges, Dr. Peoples said once he received Ms. Haynie's response, he understood that Ms. Brooks was alleging both sex discrimination and sexual harassment.10 Dr. Peoples acknowledged that by April 3, 1998, he was aware that Ms. Brooks had also filed an charge against SUNO. On May 27th, he sent Ms. Brooks a letter notifying her that her contract as head women's basketball coach would not be renewed beyond its June 30, 1998, expiration date. Dr. Peoples stated that he took this action based upon the recommendation of Coach Hill. He cited two reasons for Coach Hill's recommendation: (1) It was a part-time position and because Ms. Brooks had lost her teaching position, her coaching salary ($4,000) was not sufficient to enable the university to withhold from Ms. Brooks' check any amount of advances for away games for which she might not turn in receipts; and (2) Ms. Brooks' win / loss record. With regard to the first reason, Dr. Peoples admitted that had other coaches who were not also teachers. When asked about the fact that Ms. Brooks had achieved a winning season in 1997-1998, Dr. Peoples said his understanding from the meeting in his 2/21/25, 7:55 v (2004) \| FindLaw 19/40 office was that Ms. Brooks had to achieve a winning season to be considered for re-employment, but a winning season would not guarantee that she would be re-employed. Dr. Peoples testified that Ms. Brooks, as a faculty member, clearly had the right to file a grievance regarding the termination of her employment. He therefore had no explanation for Dr. Harris' letter to Dean Ray stating that Ms. Brooks had no right to file such a grievance. Dr. Peoples acknowledged that the letter indicated it was copied to him. Dr. Peoples also acknowledged having received a letter from Jean Brooks complaining that she had not been allowed to discuss her termination at the June 3rd grievance committee hearing. He did not recall what action he took, if any, after he learned that Ms. Brooks had not been allowed to continue the grievance process with regard to her termination. He stated, however, that the June 3rd hearing did not concern Ms. Brooks' termination. He indicated that although she was following the correct process with regard to asserting a grievance as to her termination, Ms. Brooks had the option of continuing that process beyond Dr. Harris' refusal; Ms. Brooks, however, failed to do so. Dr. Peoples stated that after Dr. Harris, the next step up the chain of command would have been himself as Chancellor, then Dr. Tarver, the President of the Southern University system. Dr. Peoples admitted, however, that Dr. Ray's letter to Ms. Brooks informing her of Dr. Harris' decision did not indicate that Ms. Brooks had any further recourse. Finally, Dr. Peoples reiterated that he did not retaliate against Ms. Brooks, nor did he believe that Coach Hill's recommendation to terminate her was retaliation. His basis for this belief was that Coach Hill had not mentioned retaliation to him. Dr. Patricia Harris Vice-Chancellor for Academic Affairs, testified that the Health and P.E. program was one of the low completer programs; therefore, by 1997, the head of the Health and P.E. Department (Dr. Davenport) was no longer referred to as \u201cChairman,\u201d but rather as a \u201ccoordinator.\u201d The Health and P.E. Department was part of the College of Education, whose Dean at the time was Dr. Marilyn Ray. Dr. Harris testified that in 1998, she did not renew the teaching contract of any instructor in a low completer program who had neither applied for promotion to assistant professor nor had been recommended for retention by his or her department head. Dr. Harris discontinued Ms. Brooks because she did not receive a recommendation from Dr. Davenport that Ms. Brooks be retained as an instructor. Besides Jean Brooks, she did not renew the contracts of four other instructors that year, three in the English and Print Journalism Department and one in the Foreign Languages Department. Of those four, one was recommended for termination by his department head and the other three were instructors about whom Dr. Harris had received no communication from the department head. Dr. Harris testified that she had informed the Deans of each college that she would need recommendations from the department heads concerning instructors. Dr. Harris said some of the recommendations she received were verbal. There were no written recommendations produced as evidence. Dr. Harris admitted that she had retained one instructor without a recommendation even though he taught in a low completer program, the Technology Department. Her explanation for this discrepancy was that it is easier to hire P.E. 2/21/25, 7:55 v (2004) \| FindLaw 20/40 teachers than technology teachers. Finally, Dr. Harris testified that Ms. Brooks had no right to file a grievance regarding the non-renewal of her teaching contract, as she was hired on a year-to-year basis. Earl Hill testified that he had been the Athletic Director and head men's basketball coach at since 1991. He had hired Ms. Brooks as coach of the women's basketball team. Coach Hill denied that he ever was romantically interested in her, and he testified that he had never asked her to go out to dinner with him; he indicated that Mr. Charles Jones' testimony to the contrary was motivated by bitterness because he had fired Mr. Jones. Coach Hill denied having made any sexually suggestive remarks to Jean Brooks. He denied each specific allegation of her sexual harassment complaint, testifying that he never said any of the things to her that she claimed he said. Coach Hill testified that he received Ms. Brooks' November 4, 1996, letter asking to meet with him, but he did not honor her request because the opportunity never presented itself, and he had more urgent matters to take care of. He also denied the allegations made by the two former work-study students, Orlinda Jackson and Alicia Porter, in their testimony. Coach Hill said he never told Carolyn Wicker that she would do fine working in his department as long as she did not get close to \u201cthe enemy,\u201d and denied her testimony that he had slammed doors in Ms. Brooks' face and yelled at her. He also denied that he ever asked Gerald Kimble to mediate between him and Jean Brooks. He testified that he ordered Ms. Brooks to wear a special practice shirt because she had been wearing blouses with spaghetti straps. He further testified that several of Ms. Brooks' players had complained to him about her three-hour practices. He stated that even after she was told she had to limit her practices to two hours, Ms. Brooks never stopped holding three-hour practices; he denied that her three-hour practices were held only on weekends. Coach Hill denied that he had ever asked Dr. Davenport to fire Ms. Brooks, or told him that he would get her fired. He stated that he and Dr. Davenport were not on the best of terms because he had once denied Dr. Davenport's track team the opportunity to go to the national championship because Dr. Davenport had spent all of his budgeted money. Coach Hill also denied that he had asked Chancellor Gex to fire Jean Brooks, but said he did write the Chancellor and ask that Ms. Brooks' contract not be extended because of her losing record. Instead, Chancellor Gex had a meeting with the parties which resulted in a written stipulation that Ms. Brooks would be the coach for another year. When asked about the issue of mandatory study hall for Ms. Brooks' players, Coach Hill said that Jean Brooks had challenged almost every recommendation he had made to her as her supervisor. Coach Hill appreciated that Ms. Brooks cared about her athletes, but thought it was awful that she was not having any success as the women's basketball coach. Despite the statement in Dr. Gex's memorandum to the contrary, Coach Hill testified that he had not agreed that he should have required all coaches to wear the uniform practice shirt because Ms. Brooks was the only coach who had been wearing inappropriate attire. Coach Hill testified that it was his understanding after the meeting in Dr. Gex's office that the 1997-1998 year would be Jean Brooks' final year, because he as her supervisor had recommended that her contract not be extended, but Dr. Gex had decided to give her one more year. Coach Hill admitted that the topic was not discussed in the meeting, and that Dr. Gex's memorandum summarizing the 2/21/25, 7:55 v (2004) \| FindLaw 21/40 meeting did not say anything about 1997-1998 being her final year. Coach Hill stated that the memorandum defined what would constitute a successful season because Ms. Brooks had asked for a definition, not because there was any agreement that she would be retained if she achieved a successful season. Coach Hill testified that he did not know why Ms. Brooks dropped the charges she had filed against him shortly after the meeting with Dr. Gex. Dr. Gex retired after he wrote the memorandum regarding the meeting, and Dr. Peoples took over. Coach Hill was aware that Ms. Brooks had re-filed her charges against him. Coach Hill confirmed that he and Dr. Peoples were friends and saw each other socially. He also acknowledged that he met with Dr. Peoples, Ms. Brooks, and Dr. Stevenson to clarify Ms. Brooks' working status as a coach. In that meeting Coach Hill agreed that he would let Ms. Brooks run her program and he would not retaliate against her. They discussed the importance of her having a winning season, but never mentioned that she would need two to three more years to get her program going. Coach Hill admitted that during Jean Brooks' last year at SUNO, he declined to speak to her directly and only communicated with her in the presence of a third party; he believed this policy was in the best interest of the university. Coach Hill testified that during Ms. Brooks' final year at SUNO, she deliberately disobeyed him by allowing her niece to ride the team bus to an away game without his knowledge, despite the fact that she had been denied permission to do so. He denied that he had ever purposely made her team late for a game. He testified that his primary reason for recommending in 1998 that Ms. Brooks' contract not be extended was her overall losing record. However, Coach Hill admitted that in his June 25, 1998, letter to Dr. Peoples he had detailed several other reasons: Ms. Brooks earned more money than other teacher/coaches with better credentials and more experience; Ms. Brooks had been insubordinate, citing the incident where her niece rode the team bus; and Ms. Brooks had \u201cmade false and unwarranted charges of sex and gender discrimination without true cause.\u201d Coach Hill testified that he never was upset about what he considered to be false and unfair charges being lodged against him by Ms. Brooks; rather, he included that language in his letter in order to document her insubordination. Elston King testified that he was the assistant men's basketball coach at during Ms. Brooks' tenure there; after Ms. Brooks was terminated, Mr. King became head women's basketball coach. Mr. King also assisted Ms. Brooks in her second year as coach. Later, when she had only student assistants, Mr. King asked Ms. Brooks if she needed his help, and she said yes. However, when he asked Coach Hill if he could help her, Coach Hill told him that he could only do so on his own time. Because Mr. King had a lot of other duties, he decided not to help Ms. Brooks. Mr. King also testified that in his observation, the women's team exceeded their two-hour scheduled practice time about two to three days per week, and that they sometimes practiced for three hours on weekends. Mr. King never heard Coach Hill ask Ms. Brooks out on a date. The witness confirmed that Ms. Brooks' niece rode the team bus to an away game after Coach Hill and the Chancellor had denied Ms. Brooks' request for permission to bring her on the bus. 2/21/25, 7:55 v (2004) \| FindLaw 22/40 Sherrye Carradine, executive assistant to the Chancellor of SUNO, testified that the reason gave for Ms. Brooks' termination in its response to the charge was the discontinuance of the Health and P.E. program due to its low completer status and Ms. Brooks' rank as an instructor in that program presented only two witnesses in defense of Ms. Brooks' claims: Barbara Barabino and Wesley Bishop. Ms. Barabino testified that she was a alumnus who had voluntarily assisted Ms. Brooks' during her first year of coaching, 1992, but had quit because Ms. Brooks would not allow her to do anything but stand around in the gym. After she quit as Ms. Brooks' assistant, she assisted Coach Elston King for five years. Ms. Barabino testified that she never saw Coach Hill harass or intimidate women in the Athletic Department. Wesley Bishop testified he was the professor who chaired the grievance committee that heard Ms. Brooks' complaint on June 3, 1998. He testified that had anti-discrimination and anti-harassment policies in place. He stated that a copy of the hearing format rules had been made available to Ms. Brooks. Under those rules, Ms. Brooks was allowed to make a statement and to bring witnesses in her behalf. However, she declined to speak and presented no documentary evidence or witnesses. Mr. Bishop testified that Ms. Brooks' attorney was given a chance to speak, but declined to do so. The first question Ms. Brooks was asked was what type of claim she was bringing, to which she responded: \u201cGender discrimination.\u201d The committee believed the grievance before them had nothing to do with sexual harassment or non-renewal of Ms. Brooks' contract, only gender discrimination, especially as related to two incidents that occurred on one specific weekend; Ms. Brooks had detailed those incidents in her complaint, both of which involved a particular away game. Coach Hill brought documentation showing that the men's and women's basketball teams had been allocated the same amount of money, but because Ms. Brooks had given her players more money than she should have, she did not have enough money remaining to pay the hotel bill. In her complaint, Ms. Brooks had attributed the episode to Coach Hill's failure to communicate to her what the money was for. The other incident had to do with Coach Brooks' having brought her niece on the bus. The committee decided that the evidence presented did not substantiate a claim of gender discrimination. Mr. Bishop denied that any member of the committee was biased against Ms. Brooks. At the conclusion of the evidence, SUNO's attorney moved for a directed verdict on liability, which the trial court denied. D. Discussion of the Law and Application of the Law to the Evidence 1. Sexual Harassment The plaintiff's sexual harassment claim falls within the ambit of La. R.S. 23:1006, which prohibits intentional discrimination on the basis of race, color, religion, sex or national origin. Because the Louisiana statute is similar in scope to the federal anti-discrimination prohibitions in Title of the Civil 2/21/25, 7:55 v (2004) \| FindLaw 23/40 Rights Act of 1964, Louisiana courts have routinely looked to the federal statute for guidance in determining whether a valid claim for sexual harassment exists. Alphonse v. Omni Hotels Management Corp., 94-0157, p. 2 (La.App. 4 Cir. 9/29/94), 643 So.2d 836, 838; Craven v. Universal Life Ins. Co., 95- 1168, pp. 5-6 (La.App. 3 Cir. 3/6/96), 670 So.2d 1358, 1362. There are two different types of sexual harassment claims that can be asserted under the federal law: \u201cquid pro quo\u201d harassment and \u201chostile environment\u201d harassment. Alphonse, supra, p. 2, 643 So.2d at 838; Craven, supra p. 6, 670 So.2d at 1362. Quid pro quo harassment exists when an employer implicitly or explicitly has conditioned a job, a job benefit, or the absence of a job detriment upon the employee's acceptance of sexual conduct. Hostile environment harassment refers to the situation in which verbal or physical conduct has created an intimidating, hostile, or offensive work environment. Craven, supra. It is apparent from the record that the claim asserted by Ms. Brooks' is based upon hostile environment harassment. To prevail in a hostile environment sexual harassment action against an employer, the plaintiff must prove five elements: (1) the employee belonged to a protected group; (2) the employee was subjected to unwelcome sexual harassment; 3) the harassment was based upon sex; (4) the harassment affected a term, condition, or privilege of employment; and (5) the employer knew or should have known of the harassment and failed to take proper remedial action. Alphonse, supra, p. 2, 643 So.2d at 838-839. In the instant case, therefore, we must determine whether the jury was manifestly erroneous when it found that Jean Brooks established these five elements by a preponderance of the evidence. The first requirement, that the plaintiff be a member of a protected class, is satisfied by the fact that Ms. Brooks is female. The second, third and fourth elements have each been jurisprudentially explained. Regarding whether the offensive behavior was unwelcome, the term \u201cunwelcome\u201d has been defined as \u201cnot solicited or desired by the plaintiff.\u201d Alphonse, supra, p. 3, 643 So.2d at 839. Considering the third requirement, that the harassment is based upon sex, this court has stated: Courts have consistently held that sexual harassment need not take the form of sexual advances or of other instances with sexual overtones. Rather, any harassment or other unequal treatment of an employee or group of employees that would not occur but for the sex of the employee may, if sufficiently patterned or pervasive, comprise an illegal condition of employment under Title VII. 2/21/25, 7:55 v (2004) \| FindLaw 24/40 Alphonse, supra, pp. 3-4, 643 So.2d at 839 (citations omitted). The fourth element, whether the harassment affected a term, condition, or privilege of the plaintiff's employment, has received much discussion in the courts. Quoting the United States Supreme Court, we stated in Alphonse: (W)hen the workplace is permeated with \u201cdiscriminatory intimidation, ridicule and insult, that is \u2018sufficiently severe or pervasive to alter the conditions of the victim's employment and create an abusive working environment,\u2019 Title is violated.\u201d Id. p. 4, 836 So.2d at 839 (quoting Harris v. Forklift Systems Inc., 510 U.S. 17, 114 S.Ct. 367, 126 L.Ed.2d 295 (1993); Meritor Savings Bank v. Vinson, 477 U.S. 57, 106 S.Ct. 2399, 91 L.Ed.2d 49 (1986).) In general, hostile environment harassment is characterized by multiple and varied incidents of offensive behavior that cumulatively have the effect of creating a hostile working environment for the employee thus victimized. Craven v. Universal Life Ins. Co., supra, p. 7, 670 So.2d at 1363. The type of conduct constituting harassment includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature, where the purpose or effect of such conduct is to unreasonably interfere with the victim's work performance or to create an intimidating, hostile, or offensive work environment. Craven, pp. 6-7, 670 So.2d at 1363 (quoting Brown v. Vaughn, 589 So.2d 63, 65 (La.App. 1st Cir.1991)). In determining whether a work environment is discriminatorily abusive, the trier of fact must look at all the circumstances. Relevant factors to consider include: (1) the frequency of the discriminatory conduct; (2) its severity; (3) whether the conduct is physically threatening or humiliating, or a mere offensive utterance; (4) whether it unreasonably interferes with an employee's work performance; and (5) the effect on the employee's psychological well-being. Craven, p. 7, 670 So.2d at 1363 (citing Harris v. Forklift Systems, supra ); Alphonse, p. 4, 643 So.2d at 839. The psychological effect on the employee, while a factor, is not by itself determinative. As the U.S. Supreme Court pointed out in Harris, the proper standard is somewhere between the \u201cmere utterance of an epithet which engenders offensive feelings in the employee\u201d and conduct that leads to a nervous breakdown hostile work environment, even if it does not seriously affect an employee's psychological well-being, may detract from the employee's job performance, discourage the employee from remaining on the job, or keep the employee from advancing in his or her career. Alphonse, supra, p. 4, 643 So.2d at 840 (citing Harris, supra ). 2. Retaliation To establish a prima facie case for retaliation, the plaintiff must prove by a preponderance of the evidence that: (1) she engaged in an activity protected by Title VII; (2) an adverse employment action occurred; and (3) a causal link existed between the protected activity and the adverse employment action. Hanley v. Doctors Hospital of Shreveport, 35,527, p. 14 (La.App. 2 Cir. 6/6/02), 821 So.2d 508, 2/21/25, 7:55 v (2004) \| FindLaw 25/40 519. According to the U.S. Supreme Court, a tangible employment action is defined as \u201ca significant change in employment status, such as hiring, firing, failing to promote, reassignment with significantly different responsibilities, or a decision causing a significant change in benefits.\u201d Burlington Industries, Inc. v. Ellerth, 524 U.S. 742, 761, 118 S.Ct. 2257, 2268, 141 L.Ed.2d 633 (1998). Besides discharges and demotions, actions that have been deemed adverse employment actions by the federal courts considering retaliation cases include the refusal to renew a consulting agreement (Glass v Financial Services, 778 F.Supp. 1029 (D.Minn.1991)); the employer's breach of a prior agreement to pay employee's moving expenses (West v. Marion Merrel Dow, Inc., 54 F.3d 493 (8th Cir.1995)); and a reduction in pay and opportunities (Edwards v. Board of Regents of the University of Georgia, 2 F.3d 382 (11th Cir.1993)). Once the plaintiff has established a prima facie case of retaliation, the burden shifts to the defendant to articulate a legitimate, non-retaliatory reason for the adverse employment action. If the defendant introduces evidence, which, if true, would permit the conclusion that the adverse action was non- discriminatory, the plaintiff/employee assumes the burden of establishing that the reason or reasons given were a pretext. To satisfy this burden, the plaintiff must show that \u201cbut for\u201d the protected activity, the adverse employment action would not have occurred. Hanley, supra, p. 14, 821 So.2d at 519-520. 3. Analysis After reviewing the record, we find no manifest error in the jury's determinations that Jean Brooks was subject to unwelcome sexual harassment from Earl Hill, which culminated in SUNO's non-renewal of her contracts of employment, and that SUNO's failure to renew those contracts was retaliation for Ms. Brooks' having filed claims of sexual harassment against her supervisor.11 In the instant case, both the finding of sexual harassment and the finding of retaliation were inevitably based upon credibility determinations, which are uniquely the province of the jury. It is axiomatic that great deference is owed to the trier of fact when reviewing credibility determinations, for only the factfinder can be aware of the variations in demeanor and tone of voice that bear so heavily upon the listener's understanding and belief of what is said. Therefore, where there is conflict in the testimony, reasonable inferences of fact should not be disturbed upon review, even though the appellate court may feel that its own inferences are as reasonable. Alphonse v. Omni Hotels Management Corp., supra, pp. 1-2, 643 So.2d at 838. The jury obviously believed the plaintiff's testimony that Earl Hill repeatedly asked her out and made sexually suggestive comments that were unwelcome and difficult for Ms. Brooks to handle in view of Mr. Hill's position as her immediate supervisor. Her testimony in this regard was corroborated by Charles Jones, who said he had witnessed such behavior. Similarly, Carolyn Wicker corroborated Ms. Brooks' testimony regarding Mr. Hill's unfair treatment of the plaintiff later on in her tenure, after Ms. Brooks had initiated a complaint against him. Dr. Gex testified that during his term as Chancellor, Coach Hill on at least two occasions told Ms. Brooks he would not accept any further communication from her on a 2/21/25, 7:55 v (2004) \| FindLaw 26/40 certain subject, even though those subjects were presumably coaching-related. Dr. Gex nevertheless believed that Ms. Brooks could have continued to attempt to communicate with her supervisor regardless of his directives. In our view, it was not unreasonable for the jury to find that Mr. Hill's attitude created a hostile working environment for the plaintiff. The fact that the sexually harassing behavior ceased after Ms. Brooks filed her initial complaint, only to be replaced by other discriminatory treatment of the plaintiff which clearly affected her ability to do her job, did not make the plaintiff's work environment any less abusive. We also cannot say it was unreasonable for the jury to disbelieve Mr. Hill's denials of the plaintiff's testimony, especially since Mr. Hill's testimony directly conflicted in key respects with the testimony of several witnesses besides the plaintiff. These witnesses included Charles Jones, Carolyn Wicker, Gerald Kimble and Dr. Davenport. Indeed, some aspects of Mr. Hill's testimony seem inherently suspect, such as his statement that he never honored Jean Brooks' initial request to meet with him to work things out between them because \u201cthe opportunity never presented itself.\u201d Considering the record as a whole, we cannot say the jury was clearly wrong in determining that Earl Hill's offensive behavior was sufficiently severe, pervasive and disturbing to Ms. Brooks to have created a hostile and abusively discriminatory work environment under the law. With regard to retaliation, the plaintiff clearly was engaged in protected activity when she filed harassment and discrimination complaints against Earl Hill. Moreover, SUNO's argument that its failure to renew Ms. Brooks' contracts after six years of employment did not constitute an adverse employment action because they were year-to-year contracts is specious at best. We also cannot say the jury was manifestly erroneous in finding that the plaintiff established the third element of her case for retaliation, that a causal link existed between the protected activity and the non-renewal of her contracts. If believed, the testimony from Dr. Davenport that Earl Hill asked him to fire Ms. Brooks and when Dr. Davenport refused, promised to get her fired himself, was sufficient to establish a causal link in the jury's mind, especially when combined with numerous witnesses' testimony that Earl Hill and Dr. Peoples had a longstanding friendship. Once a causal link was established, the burden shifted to to articulate a legitimate, non-retaliatory reason for the termination of Ms. Brooks' employment. Various members of the administration at the time, virtually all of whom were called by the plaintiff, articulated multiple reasons for the non- renewal of first Ms. Brooks' teaching contract, then her coaching contract. However, the numerous inconsistencies in the testimony of those witnesses calls into question the credibility of SUNO's explanation. The reasons given for the termination of Ms. Brooks' teaching position included the low completer status of her program and the fact that her supervisor did not recommend that she be continued. Dr. Harris testified that she did not renew Ms. Brooks' contract because she taught in a low completer 2/21/25, 7:55 v (2004) \| FindLaw 27/40 program and Dr. Harris had not received a recommendation from Ms. Brooks' department head that she be retained; Chancellor Peoples stated he terminated Ms. Brooks on the basis of Dr. Harris' recommendation. However, the head of Ms. Brooks' department, Dr. Davenport, testified that he was not aware of the need to recommend her, and that he had never before been asked for a recommendation during the five years Ms. Brooks' contract had been automatically renewed; therefore, once he found out about her termination, he wrote a letter to Dr. Harris stating that he would have recommended her for retention had he known. Corroborating his testimony is that of Dr. Gulley, who described the general policy at as being that if an instructor was going to be retained for another year, no formal recommendation from the instructor's immediate supervisor was necessary. Moreover, two other administrators, Dr. Kuo and Dr. Ray, indicated that the normal policy at was for that the non-renewal of an instructor's contract would be initiated by that instructor's immediate supervisor, usually the department chairman; this policy is actually stated in the faculty handbook. Besides this seeming departure from general policy, the believability of the second reason asserted by SUNO, the low completer status of the Health and P.E. program, is also called into question by evidence showing that Ms. Brooks taught only service classes; these classes were required for all students and therefore presumably would not be affected by the low completer status of the Health and P.E. major. One of the primary reasons given by for the failure to renew Ms. Brooks' coaching contract was the fact that she no longer held a teaching position; the other was her overall losing record as a coach. The evidence showed, however, that there were other coaches who were not also teachers. Moreover, with regard to Ms. Brooks' coaching record, it was reasonable for the jury to accept Ms. Brooks' testimony that her termination violated the tacit agreement made in her meeting with Dr. Gex that she would not be terminated if she achieved a winning season in 1997-1998, which she did. The written summary of the meeting is silent on this point. When considering this issue, the jury had to choose either to believe the plaintiff, to believe Dr. Gex, who stated that Ms. Brooks understood that the renewal of her contract for 1997-1998 was simply a courtesy to allow her time to find another job, or to believe Dr. Peoples, who indicated that Ms. Brooks' achievement of a winning season in 1997-1998 was important in order for her to be considered for further renewal of her contract, but was not a guarantee that it would be renewed. Once asserted its reasons for terminating the plaintiff's employment, Ms. Brooks had the burden to show those reasons were a mere pretext for retaliation. The jury found that the plaintiff satisfied this burden. Perhaps the most compelling evidence of retaliation was Dr. Harris' decision, communicated to Ms. Brooks through Dr. Ray, that Ms. Brooks had no right to file a grievance because her employment was based upon a year-to-year contract. Every other administrator who addressed this issue, including Chancellor Peoples, confirmed that as a faculty member, Ms. Brooks clearly had the right to 2/21/25, 7:55 v (2004) \| FindLaw 28/40 lodge a grievance with regard to the termination of her employment. Yet, despite his knowledge of Dr. Harris' erroneous decision, a decision which Dr. Peoples said he had no explanation for, he did nothing as Chancellor to overrule Dr. Harris; instead, Dr. Peoples testified that it was up to Ms. Brooks to continue to pursue her grievance beyond Dr. Harris' refusal to consider it. Therefore, although had in place a procedure to investigate grievances, the university never investigated the plaintiff's termination. Moreover, every witness who testified as to the grievance committee hearing that did take place confirmed that the hearing was strictly limited in scope to exclude the sexual harassment and termination claims, which the committee did not believe were being raised at that time. In view of this evidence, the jury reasonably could have believed that the plaintiff was justified in giving up her attempt to pursue her grievance through after she was notified by the Vice Chancellor of Academic Affairs that she was not entitled to a grievance. Finally, although Earl Hill testified he did not recommend that Ms. Brooks' be terminated as retaliation for her assertion of harassment / discrimination claims against him, his June 25, 1998 letter to Dr. Peoples nevertheless cites Ms. Brooks' \u201cfalse and unwarranted charges of sex and gender discrimination\u201d as evidence of her insubordination. In summary, there is a wealth of evidence from which the jury could have reasonably concluded that did retaliate for the plaintiff's filing of charges against Earl Hill by terminating her employment. We therefore cannot say the jury committed manifest error by its finding of retaliation A. Standard of review for The trial court granted a on the issue of damages only, reducing the general damage award from $475,000 to $65,000. From the bench, the court indicated that the amount awarded by the jury was so abusively high that it seemed punitive in nature, although punitive damages were not at issue in the case. As the Louisiana Supreme Court has stated, the standard of review for a is a two-part inquiry. First, the appellate court must determine whether the trial court erred in granting the by using the same criteria the trial judge does in deciding whether or not to grant the motion. Those criteria hold that a is warranted whenever the facts and inferences point so strongly and overwhelmingly in favor of the mover that reasonable jurors could not have arrived at a contrary verdict; however, if there is evidence opposed to the motion of such quality and weight that reasonable and fair-minded jurors in the exercise of impartial judgment might reach different conclusions, the motion should be denied. In making this determination, the court should not evaluate the credibility of witnesses, and all reasonable inferences or factual questions should be resolved in favor of the non-moving party. Then, if the appellate court determines that the was properly granted, the second part of the inquiry is to review the according to the manifest error standard as enunciated in Coco v. Winston Industries, 2/21/25, 7:55 v (2004) \| FindLaw 29/40 Inc., 341 So.2d 332 (La.1976). See: Davis v. Wal-Mart Stores, Inc., 2000-0445, pp. 4-5 (La.11/28/00), 774 So.2d 84, 89; Anderson v. New Orleans Public Service, Inc., 583 So.2d 829, 832-834 (La.1991). B. Discussion of the evidence Jean Brooks testified that it had always been her dream to coach at a Division college. After graduating from Grambling University and working on her Masters degree for a semester at the University of Iowa, Ms. Brooks returned to her home in Shreveport to help support her younger sisters, as her mother was deceased. Unable to find a job in Louisiana, Ms. Brooks accepted a high school teaching and coaching job in Las Vegas and moved to Nevada, where her sisters eventually joined her. She coached basketball, volleyball and track and field at the high school level for nine years, achieved a state championship in track and field, and was voted Coach of the Year three times. She then took a coaching job at Eastern Utah Junior College, accepting a cut in pay so that she could gain experience at the college level. She remained there for four years, and then left after she had a child because she needed more money. She returned to teaching and coaching at the high school level in the Clark County School District, where she had previously worked. She coached there from 1986 until 1992, when she received a phone call from Coach Kimble telling her of the opening at SUNO. She applied, was interviewed by Coach Hill and his committee over the phone, and was offered the job. She had a good working relationship with Coach Hill at first, but it began to deteriorate around 1995 or 1996 after she had repeatedly refused his advances. Sometime in 1997 Coach Hill began giving her the \u201csilent treatment.\u201d She cried three or four times at work and more often at home because her work environment had become hostile and unfriendly. She believed she had no recourse because Coach Hill and the Chancellor were working together. Ms. Brooks testified that during this time, she lost 20 to 25 pounds due to stress and she suffered hair loss. Once she learned her contracts at would not be renewed, she was humiliated, embarrassed, and had trouble sleeping. She no longer enjoyed watching basketball on television, formerly her favorite pastime. She confided her troubles to her brother, who lived out of town but who spoke with her frequently by phone and visited her twice a year. In the summer of 1998, Ms. Brooks sent resumes to numerous colleges, but received only rejections. In August, she was hired by the Orleans Parish School Board and placed in a middle school. However, her employment was conditioned upon her passing the National Teacher's Exam within a year. Until she passed, she was only eligible to receive half pay, with the remainder reimbursed to her if she passed by June 4, 1999. For the first year, Ms. Brooks had to take a janitorial job at night in order to survive financially, as she was supporting her son and her teenaged niece, who lived with her. She also had to apply for food stamps, which was demeaning for her. She had to pay for books to study for the teacher's exam and the exam fee, which was $90 for each of four parts. She passed every part except the third part, which she failed three times. She finally passed Part 3, but was told it would be impossible to get the results to the School Board before June 5th. It was only then, after further inquiry, 2/21/25, 7:55 v (2004) \| FindLaw 30/40 that Ms. Brooks learned she had been certified to teach in Louisiana all along because she had graduated from a Louisiana college, but the School Board had erroneously treated her as a Nevada transfer. Ms. Brooks testified that during that first year, she was unhappy because she hated borrowing money from her friends and family, she had trouble sleeping, and she hated teaching in middle school because there was no discipline. She also missed coaching. After the first year, she was transferred to Sarah Reed High School, where she was still employed at the time of trial. Besides teaching, she coached volleyball her first year at Sarah Reed, and then began coaching basketball as well. She indicated she was happier teaching in high school than in middle school, but felt that she had lost her dream of coaching at the college level. The evidence showed that Ms. Brooks was making a higher salary at Sarah Reed than at SUNO, and therefore her total loss of income was only $8,000, which amount the trial court awarded her separately from the general damages. Besides herself, the plaintiff presented three other witnesses on the issue of damages: Randy Williams, Richard Hilliard, and Dr. David Dunn. Randy Williams is Ms. Brooks' brother. He testified that he was very close to his sister Jean, who was his best friend. He was still living in Las Vegas at the time of trial. He said after his sister moved back to Louisiana to work at SUNO, he spoke with her about once a week and visited twice a year. Ms. Brooks was very upbeat, excited and happy when she moved to New Orleans, but her brother noticed a change in her demeanor about 1995 or 1996. She became depressed, worried and isolated. She confided in him concerning her problems dealing with Coach Hill. Her lowest point was in 1998, when she was fired. Mr. Williams visited his sister for a week in July or August of 1998. During his visit she stayed in bed most of the time, refusing to come out of her room or to go anywhere with him. She cried once or twice. She refused to watch basketball on television with him. She was very concerned about how she was going to pay her bills, and creditors were calling. Financially, she was not able to do the things she had been doing for thirty years. She became short- tempered with her niece and her son because she could no longer afford to pay for certain things they were used to having. Mr. Williams loaned her whatever money he could spare every month for approximately three to six months. He also testified that Ms. Brooks had lost a lot of weight and had trouble sleeping. According to Mr. Williams, Ms. Brooks was still stressed about her situation at the time of trial, although it had improved since she was terminated. Richard Hilliard testified that he was a good friend of the plaintiff. He stated that Ms. Brooks changed from an outgoing person to a depressed one about 1997 because of the problems she was having with her supervisor, Coach Hill. Mr. Hilliard stated that Ms. Brooks was devastated about being fired from SUNO. He went over to her house about three times per week to check on her during that time, and she was usually still in her night clothes, with the house dark. Mr. Hilliard corroborated Mr. Williams' testimony that Ms. Brooks cried a lot and was short-tempered with her kids. Mr. Hilliard suggested that Ms. Brooks apply to the Orleans Parish School Board, but she found middle school hard to adjust to. 2/21/25, 7:55 v (2004) \| FindLaw 31/40 She felt she had been demoted, and she was upset because she could not coach. The witness helped her financially, and she had to use part of her Las Vegas retirement plan funds. Mr. Hilliard testified that at the time of trial, Ms. Brooks was better mentally than she had been in 1997-1998, but she still felt a void in her life. The final witness relating to the issue of damages was Dr. David Dunn, who testified that he had been Ms. Brooks' obstetrician/gynecologist since 1994. He testified that around 1998, Ms. Brooks became withdrawn, less vocal, less animated, and smiled less. Dr. Dunn testified that although he was not a psychiatrist, he recognized these as the signs of depression. He also noted that the plaintiff had hair loss and a loss of twenty to thirty pounds in 1999. However, her symptoms were never severe enough for him to recommend a psychiatrist or to prescribe medicine. On cross-examination, Dr. Dunn admitted that in 1995, he had prescribed weight loss medication for Ms. Brooks because she wanted to lose weight. He also admitted that he had not documented any change in Ms. Brooks' demeanor in his records from 1998 and 1999 did not call any witnesses on the issue of damages. C. Discussion of the law and its application to the evidence In view of the evidence, we cannot say the trial court erred by granting the as to damages. No reasonable jury could have awarded $475,000 as compensation for Ms. Brooks' mental / emotional injuries, especially since her depression was never severe enough to require professional help. We agree with the trial court that the most likely explanation for the inordinate sum is that the jury failed to adhere to the instructions regarding compensatory versus punitive damages. We therefore find the entering of a was appropriate. We, however, find that the trial court's award of $65,000 is manifestly erroneous in view of the record because that amount is unreasonably low under the circumstances of this case. According to the appellate standard of review, we are constrained to raising the trial court's award only to the lowest point that would be reasonable in light of the evidence. See Coco v. Winston Industries, supra. Because of Coach Hill's harassment and the loss of her job at SUNO, Ms. Brooks suffered anxiety, depression, humiliation, short-term financial distress, and a year-long diminution in her standard of living. She also lost her dream of coaching at the college level, although it is impossible to say if she would have ultimately been successful as a coach at in the absence of Earl Hill's offensive behavior. In light of the evidence, we find that $200,000 is the lowest amount of general damages that is reasonably supported by the record. Therefore, we amend the trial court's judgment to award the sum of $200,000 in general damages 2/21/25, 7:55 v (2004) \| FindLaw 32/40 The plaintiff appeals the trial court's judgment awarding her $29,200 in attorney fees, and appeals the award of $6,033.38 in costs. Ms. Brooks is entitled to reasonable attorney fees and costs under La. R.S. 23:303 and La. R.S. 51:2264. The issue, in both respects, is whether the trial court abused its discretion in determining what amount is reasonable. Regarding attorney fees, the plaintiff argues that the trial court abused its discretion by ignoring the evidence as to the hours expended and the hourly rates, and instead assigning a percentage (40%) of the overall damage award. The plaintiff presented evidence showing that approximately 500 attorney hours (459 at a rate of $250 per hour and the remainder at $150 per hour) and 27 paralegal hours (at $55 per hour) were spent on the instant case, including the taking of thirteen depositions, defense of various motions, the eight-day trial, and post-trial motions. Using the Lodestar method of calculation, the plaintiff estimated attorney fees of $122,771. The plaintiff argues on appeal that the trial court abused its discretion by declining to use the Lodestar method, which is routinely utilized in discrimination cases in federal court. Although the Lodestar method has been employed in at least one Louisiana sexual harassment case, the amount of attorney fees awarded in that case did not exceed the amount of compensatory damages. (See Hanley v. Doctor's Hospital of Shreveport, 35,527 (La.App. 2 Cir. 6/6/02), 821 So.2d 508, in which the appellate court awarded $124,130 in attorney fees, $180,000 in compensatory damages and $100,000 in punitive damages). As we stated in Alphonse v. Omni Hotels Management Corp., supra, the amount of attorney fees and costs to be awarded is within the sound discretion of the trial court. Among the factors to be considered by the appellate court in determining whether an attorney fee award is an abuse of discretion are: (1) the ultimate result obtained; (2) the amount of money involved; (3) the extent and character of the work performed; (4) the legal knowledge, attainment and skill of the attorney; and (5) the number of appearances made. Id. at p. 5, 643 So.2d at 841. The trial court in the instant case correctly considered the ultimate result obtained in determining the amount of attorney fees. We therefore conclude that the trial court did not abuse its discretion by awarding as attorney fees a percentage (40%) of the total amount of damages. However, in light of our raising of the general damage award from $65,000 to 200,000 (which raises the total compensatory damage award from $73,000 to $208,000), we find the original attorney fee award of $29,200 is an abuse of discretion. We therefore amend the trial court's judgment to award $83,200 in attorney fees, which is forty percent (40%) of $208,000. Finally, we conclude that has not demonstrated that the trial court abused its discretion in awarding costs. We therefore decline to disturb that award For the reasons stated, we amend the first April 10, 2002, judgment of the trial court to award $200,000 in general damages, and we amend the second April 10, 2002, judgment to award $83,200 in attorney fees. In all other respects, those judgments are affirmed. 2/21/25, 7:55 v (2004) \| FindLaw 33/40 1. The errors cited were: 1) Two defendants were sued (Southern University and Agricultural and Mechanical College and the Board of Supervisors of Southern University, but only the first defendant was cast in judgment); 2) The judgment neglected to award any amount for attorney fees, although such was prayed for and is allowed by statute; and 3) The judgment omitted the $8,000 awarded for loss of income. 2. According to the record, the motion was heard and denied in the trial judge's chambers. 3. The provisions of Article 404(B) are generally applicable to civil as well as criminal cases. Pugh, Force, Rault & Triche, Handbook on Louisiana Evidence Law 322 (2000). 4. These were essentially the same incidents she later testified to at trial, discussed earlier in this opinion. 5. On April 20, 1998, Ms. Brooks also filed a formal discrimination charge in the New Orleans district office of the EEOC. The status of this complaint is unknown. 6. The committee referred to was the Academic Responsibilities, Rights and Ethics Committee, known as ARREC. 7. This program was one of the non-retaliatory reasons given by for the non-renewal of the plaintiff's teaching contract. See discussion of evidence presented by SUNO, infra. 8. This letter is what has been referred to previously as Ms. Brooks' second complaint. 9. Dr. Peoples acknowleged that the letter was stamped as having been received in his office on March 2, 1998. He insisted, however, that he must have received a letter or some other communication concerning Dr. Harris' recommendation before he decided to terminate Ms. Brooks, although he could not produce any such correspondence. 10. However, later in Dr. People's testimony he indicated he thought Ms. Brooks had withdrawn her sexual harassment claim and was asserting only gender discrimination at this point in time. 11. In view of this conclusion, we need not address the jury's findings with regard to gender discrimination. In addition, our affirmation of the jury's finding of retaliation pretermits consideration of the issue of whether knew or should have known of the sexual harassment for the purpose of imposing liability upon for Earl Hill's actions under the principle of respondeat superior MURRAY, Judge. 2/21/25, 7:55 v (2004) \| FindLaw 34/40 Was this helpful? 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7,594	Kevin Gausepohl	Tacoma Community College	[ "7594_101.pdf", "7594_102.pdf", "7594_103.pdf", "7594_104.pdf", "7594_105.pdf" ]	{"7594_101.pdf": "By Updated May 28, 2013 7:23 p.m. Lawsuit: Teacher convinced teen to do sex acts while singing TACOMA, Wash young Gig Harbor woman is suing the state and her former community college vocal instructor, claiming he sexually manipulated her. Watch More 0:02 0:02 // 0:10 0:10 2/21/25, 7:56 Lawsuit: Teacher convinced teen to do sex acts while singing 1/6 The alleged misconduct took place two years ago at Tacoma Community College, where a music instructor allegedly convinced a 17-year-old student to take off her clothes and touch herself sexually to see how it affected her vocal range. Criminal charges against the instructor were dropped, but he did lose his job and now finds himself at the center of a scandal that many students say is disgusting Article continues below this ad \"On his part, extremely creepy,\" said student Aimee Van Horn. Tacoma Community College has a well established music program, where until two years ago Kevin Gausepohl worked as a vocal instructor. Now Gausepohl, the school and the state of Washington are being being sued, accused of not doing enough to protect a teenage student. The girl was part of Running Start, where high school students take college classes. She claims Gausepohl convinced her to perform sexual acts two years ago as part of a study on vocal qualities. 2/21/25, 7:56 Lawsuit: Teacher convinced teen to do sex acts while singing 2/6 Other students told college officials about it. \"When the college became aware that there was a situation we immediately acted and contacted the student and her parent and had them come in. The faculty member was immediately put on administrative leave,\" said Mary Chikwinya, the college's vice president of student services. Through his attorney, Gausepohl has denied doing anything wrong. \"Mr. Gausepohl committed no crimes of any sort. He did nothing illegal. The charges were brought, in my opinion, erroneously,\" said attorney Robert Perez Article continues below this ad 2/21/25, 7:56 Lawsuit: Teacher convinced teen to do sex acts while singing 3/6 May 28, 2013 \| Updated May 28, 2013 7:23 p.m Perez said the girl was in a college setting, not a high school were teacher-student relationships are forbidden. He said there may have been a discussion of an adult nature, but no crime. Some students on campus disagree with that reasoning. \"She's a victim,\" said student Suzie Chambers. \"You don't just do that for anyone, so he would have had to gain her trust over who knows how long a period of time Article continues below this ad The civil suit is being filed now because the college and state did not respond to an earlier claim filed by the student. Around The Web Powered by 2/21/25, 7:56 Lawsuit: Teacher convinced teen to do sex acts while singing 4/6 Stop Information Overload By Ethereal Search Engine How Long Should Keep My Car? By Why Google Workspace for Business is Worth the Upgrade By Stop Paying Too Much for Your Prescriptions - Compare Prices, Find Free Coupons, By Walmart Center for Racial Equity Update: Advancing Equity in Criminal Justice By Get Mortgage Advice Close to Home By The Best Places to Buy College Apparel Make Showing College Pride Too Easy By Four Easy Tips to Keep Your Kids Safe Online By Take on a Challenge: Make Pasta Al Limone at Home By Top 2/21/25, 7:56 Lawsuit: Teacher convinced teen to do sex acts while singing 5/6 About Services \u00a9 2025 Hearst Newspapers Terms of Use Privacy Notice Interest Based Ads Your California Privacy Rights 2/21/25, 7:56 Lawsuit: Teacher convinced teen to do sex acts while singing 6/6", "7594_102.pdf": "young Gig Harbor woman who contends her Tacoma Community College music instructor coerced her into taking off her clothes and touching herself during singing lessons has sued the state and the teacher. The woman, identified as S.N. in the lawsuit, filed suit in Pierce County Superior Court last week. She contends the community college failed in its duty to protect her from instructor Kevin Gausepohl, who she claims took advantage of her for his sexual gratification. The suit, filed on her behalf by attorney Lance Hester, seeks unspecified damages, but she previously filed a $1.25 million claim against the state. Spokesman Shawn Jennison said the college is cooperating with state officials in defending the suit but offered no specifics, citing the school\u2019s policy on pending litigation. \u201cThe safety and well-being of all students and staff is a top priority,\u201d Jennison said. News / Northwest State, ex-Tacoma college teacher sued over 2011 incidents Woman alleges instructor took advantage of her The Columbian Published: May 27, 2013, 5:00pm Share Subscribe 2/21/25, 7:56 State, ex-Tacoma college teacher sued over 2011 incidents - The Columbian 1/3 Efforts to reach Gausepohl, who resigned his position in October 2011, were unsuccessful. He told investigators two years ago he \u201cvehemently\u201d denies all of the allegations against him, college records show. The woman was a 17-year-old high school student attending the community college as part of the Running Start program two years ago when she made her allegations against Gausepohl, according to court and college records. He allegedly told the girl he was conducting a study on how sexual arousal affects vocal range, and she complied with some of his requests to strip or touch herself during voice lessons at the school, court records show. Gausepohl, 38, masturbated during one session while she played piano, the woman contends. The music instructor allegedly made similar requests of other students, who declined to participate, court records show. \u201cThese students became concerned that defendant Gausepohl was sexually exploiting plaintiff, and they reported it to authorities in the spring of 2011,\u201d her lawsuit states. College officials did nothing until she finally came forward, she contends. The alleged abuse caused the woman \u201cgreat alarm, surprise and emotional distress,\u201d among other damages, the lawsuit states. Community college officials hired an outside agency to investigate the matter in fall 2011. That agency concluded that Gausepohl, \u201cmore likely than not,\u201d violated the college policies on sexual harassment and discrimination. He eventually was charged in Tacoma Municipal Court with seven misdemeanor counts of communicating with a minor for immoral purposes and one count of obstructing law enforcement. Gausepohl reached a deal where prosecutors agreed not to pursue the charges if he stayed out of trouble for a year. He kept his side of the bargain, and prosecutors dismissed the case earlier this month, court records show Vancouver woman sues New Heights Church over alleged sexual abuse by former pastor Churches & Religion February 20, 2025 Judge questions motives for Trump\u2019s order banning transgender troops Politics February 18, 2025 2A District Girls Basketball: Columbia River clinches third consecutive state berth Prep Sports February 17, 2025 Woman files $25M lawsuit against Church of Jesus Christ of Latter-day Saints over abuse by adoptive Ridgefield dad Churches & Religion February 17, 2025 2/21/25, 7:56 State, ex-Tacoma college teacher sued over 2011 incidents - The Columbian 2/3 Copyright \u00a9 2025 The Columbian. All rights reserved. Use of this site constitutes acceptance of our user agreement. Privacy Policy Terms of Service Columbian Publishing Co. Commercial Printing Services Careers then-Sandpoint man and his brother were charged following the capitol riot. Then Trump began his second term Northwest February 15, 2025 How Elon Musk\u2019s crusade against government could benefit Tesla Business February 15, 2025 $2,850,000 Listing courtesy of Barbara Corigliano $1,095,000 Listing courtesy of Christopher Galyon Featured Realtor (360) 909-5371 Cascade Hasson Sotheby's International Realty View Listings Clark County Sports Courts & Crime Life Opinion Obituaries Legals Death Notices Blogs Vital Statistics Contact Us Newsroom Contacts Frequently Asked Questions Report a Website Bug Retail Locations Place an Ad Submit an Event Commercial Printing Services Careers at The Columbian Send a Letter to the Editor Subscribe Donate Today's Paper Newsletters Newspaper in Education Best of Clark County Jobs Real Estate Classifieds The Columbian Shop Subscribe Search... 2/21/25, 7:56 State, ex-Tacoma college teacher sued over 2011 incidents - The Columbian 3/3", "7594_103.pdf": "Crime & Safety Woman Sues State, Former Instructor for Sexual Abuse Gig Harbor woman is accusing her former Tacoma Community College teacher Kevin Gausepohl of sexual misconduct and blaming the State of Washington for failing to protect her. Akiko Oda, Patch Staff Posted Tue, May 28, 2013 at 10:12 am \uf0cfSign up University Place \uf01eSubscribe News Feed Events Local Businesses Classifieds 2/21/25, 7:56 Woman Sues State, Former Instructor for Sexual Abuse \| University Place Patch 1/7 Gig Harbor woman has recently filed a lawsuit against her former Tacoma Community College instructor for sexually exploiting her, according to The News Tribune. She is also suing the State of Washington for failing to protect her while she attended the school 2/21/25, 7:56 Woman Sues State, Former Instructor for Sexual Abuse \| University Place Patch 2/7 According to Pierce County Superior Court documents, the woman, identified as S.L.N., was taking classes at Tacoma Community College, a state agency.The teen was enrolled in its music and choir program as a Running Start student from Gig Harbor High School. In April 2011, she claims that Gausepohl offered her free private voice lessons to help improve her vocal range. Gausepohl is no longer with the school. After several lessons, Gausepohl said he was conducting a scientific study, which involved his students to perform sexual activities to help with her vocal range. Over the four-month period, the woman claims that Gausepohl manipulated and harassed her into performing sexual acts. Documents state that Gausepohl directed her to sing in nude and touch herself. The instructor also masturbated in front of the teen and attempted to videotape the lessons. In spring of 2011, fellow students contacted authorities believing that Gausepohl was sexually exploiting the Gig Harbor teen and soliciting others into his study. Despite the reports, S.L.N. claims the authorities failed to stop the instructor\u2019s actions and investigate the allegations spokesperson told the that the safety of its students and staff is a 2/21/25, 7:56 Woman Sues State, Former Instructor for Sexual Abuse \| University Place Patch 3/7 \u201ctop priority\u201d, and the college is cooperating in defending the case. Read the full report on The News Tribune\u2019s website. Get more local news delivered straight to your inbox. Sign up for free Patch newsletters and alerts. Share \uf0c2 \uf045 Around The Web An Advanced Research Tool Ethereal Search Engine How Long Should Keep My Car? Should You Buy an Electric Car 2/21/25, 7:56 Woman Sues State, Former Instructor for Sexual Abuse \| University Place Patch 4/7 More from University Place Stop Paying Too Much for Your Prescriptions - Compare Prices, Find Free Coupons, Four Ways Food Banks Are Feeding Kids Right Now Got Plant Milk? Add These 16 Plant Milks to Your Mug for Health, Flavor, and Fro The Best Places to Buy College Apparel Make Showing College Pride Too Easy Five Reasons Your Car Insurance Rate Changes Get Mortgage Advice Close to Home 2/21/25, 7:56 Woman Sues State, Former Instructor for Sexual Abuse \| University Place Patch 5/7 Latest News Nearby 1. \uf02bUniversity Place News \ud83c\udf31 2025 Area A11 Contests and 11 more events 2. \uf02bUniversity Place News \ud83c\udf31 Lego shop in University Place hit by burglars 3. \uf02bUniversity Place News \ud83c\udf31 $10,000 in sets stolen in University Place 4. \uf02bUniversity Place News \ud83c\udf31 University Place Book Group and 11 more events 5. \uf02bUniversity Place News \ud83c\udf31 Lego heist in University Place shocks community Find out what\u2019s happening in your community on the Patch app Corporate Info About Patch Careers Partnerships Advertise on Patch Support 2/21/25, 7:56 Woman Sues State, Former Instructor for Sexual Abuse \| University Place Patch 6/7 FAQs Contact Patch Community Guidelines Posting Instructions Terms of Use Privacy Policy \u00a9 2025 Patch Media. All Rights Reserved. Do Not Sell My Personal Information 2/21/25, 7:56 Woman Sues State, Former Instructor for Sexual Abuse \| University Place Patch 7/7", "7594_104.pdf": "By Brett Cihon Plaintiff: Music teacher violated me to study 'vocal range former female student at Tacoma Community College has sued th state and her former teacher for sexual coercion after the teacher allegedly tol her to take her clothes off so he could study how sexual arousal affects vocal range, the Tacoma News Tribune reported. According to the News Tribune, a plaintiff known only as S.N. in the suit filed a $1.25 million claim against the state in Pierce County Superior Court earlier this month. She is alleging the college failed to protect her against music instructor Kevin Gausepohl. Gausepohl denies all the charges. The former teacher resigned from his position in 2011. The plaintiff alleges the inappropriate action took place when she was a 17-yea old attending Running Start classes at the college through her high school. According to the Tribune, the plaintiff contends Gausepohl told her to strip dur a music lesson in order to study how sexual arousal affected vocal range, and s complied. The former teacher also allegedly masturbated during one of her pia lessons. The former teacher allegedly made sexual requests to other students, but they declined. He was charged in Tacoma Municipal Court in 2011 with seven misdemeanor counts of communicating with a minor for immoral purposes, bu Published May 27, 2013 12:59pm 13 Seattle \| \| Watch Live 2/21/25, 7:56 Plaintiff: Music teacher violated me to study 'vocal range 13 Seattle 1/2 reached a plea deal where prosecutors dropped the charges after he remained out of trouble for a year. This material may not be published, broadcast, rewritten, or redistributed. \u00a92025 Television Stations y f t t t 2/21/25, 7:56 Plaintiff: Music teacher violated me to study 'vocal range 13 Seattle 2/2", "7594_105.pdf": "Breaking News Australia Video University Guide Deep Dive China Debate Meghan Markle Prince Harry King Charles Weather Login Home News Royals U.S. Sport Showbiz Femail Health Science Money Travel Podcasts Shopping Teacher 'convinced female student to take her clothes off and touch herself while singing to see if it improved her range' Kevin Gausepohl reportedly told the girl he was studying how sexual arousal could change a singer's vocal range Criminal charges against him were dropped earlier this month The alleged victim is now bringing a civil action against him, Tacoma Community College and Washington state By PUBLISHED: 19:04 GMT, 29 May 2013 \| UPDATED: 19:04 GMT, 29 May 2013 young woman is suing Washington state and her former community college vocal instructor, claiming he sexually manipulated her. Music instructor Kevin Gausepohl, 38, is alleged to have convinced the then 17-year- old student to take off her clothes and touch herself sexually to see how it affected her vocal range. The alleged misconduct took place two years ago at Tacoma Community College. 24 View comments Site Web Enter your search Zelensky surrenders to Trump and 'will sign mineral deal within hours Privacy Policy Feedback Saturday, Feb 22nd 2025 8AM 18 11AM 24 5-Day Forecas 2/21/25, 7:56 Teacher 'convinced female student to take her clothes off and touch herself while singing to see if it improved her range' \| Daily Mail\u2026 1/48 Music instructor Kevin Gausepohl, 38, is alleged to have convinced a 17-year-old student to take off her clothes and touch herself sexually to see how it affected her vocal range Gausepohl - who is also a worship leader at Blaine Memorial United Methodist Church - was charged in Tacoma Municipal Court with seven misdemeanor counts of communicating with a minor for immoral purposes and one count of obstructing law enforcement. Gausepohl reached a deal where prosecutors agreed not to pursue the charges if he stayed out of trouble for a year. He kept his side of the bargain, and prosecutors dismissed the case earlier this month, reports The Bellingham Herald Zelensky surrenders to Trump and 'will sign mineral deal within hours' 29.5k viewing now The disquieting social media images taking older people for fools 17.5k viewing now Trump's tense clash with Democratic governor over trans women in sport 6.1k viewing now The teacher, who resigned from the school in the aftermath of the incident, now finds himself at the center of a civil action. The young Gig Harbor woman, identified as S.N. in the lawsuit, is now suing the teacher, the school and the state of Washington, who she accuses of not doing enough to protect her. She was taking the class as part of a scheme enabling high school students to take college classes. 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What to keep front of mind when supporting your microbiome Fears for Kanye West grow as he posts image of doomed couple Sid Vicious and Nancy Spungen wearing swastika shirt Caroline Flack's last broken voice messages that reveal what she thought of Laura 2/21/25, 7:56 Teacher 'convinced female student to take her clothes off and touch herself while singing to see if it improved her range' \| Daily Mail\u2026 2/48 The alleged misconduct took place two years ago at Tacoma Community College in Washington state According to police reporting the incident at the time, Gausepohl reportedly told the girl that he was studying how sexual arousal could change a singer's vocal range. She claims that he masturbated during one session while she played piano. Other students told detectives that Gausepohl asked them to be a part of his study, but they declined. When the college became aware of the incident, Gausepohl was put on administrative leave and he later resigned in October 2011. Through his attorney, he maintains that he did nothing wrong. \u2018Mr. Gausepohl committed no crimes of any sort. He did nothing illegal. The charges were brought, in my opinion, erroneously,\u2019 attorney Robert Perez told KOMO. The civil suit was filed now after neither the college nor the state responded to an earlier claim filed by the student. Gausepohl reportedly told the girl that he was studying how sexual arousal could change a singer's vocal range Whitmore replacing her His increasingly bizarre behaviour is prompting rumours of chronic stress and even ketamine abuse. Now his ex claims their child is seriously unwell - and that Range revolution: How four drivers got from Eastbourne to Aberdeen on one tank of fuel thanks to the 7 SHS's clever new tech kept the dirty secrets of famous men for years. Then was sexually assaulted by a celebrity everyone loves. It was the last straw GOFF's most raw con... The about Melanie Sykes and her toyboy lovers: Star scandalised fans with 2/21/25, 7:56 Teacher 'convinced female student to take her clothes off and touch herself while singing to see if it improved her range' \| Daily Mail\u2026 3/48 Share or comment on this article: Teacher 'convinced female student to take her clothes off and touch herself while singing to see if it improved her range Embed this 'See you in court.' Trump and Maine governor clash over Elon Musk wields a 'chainsaw for bureaucracy' on New angle reveals moment Emma Raducanu spots Does Trump 'hate' Zelensky? His latest comments about Moment Jimmy Calderwood's son leads walk out of father's Dashing through the snow plow drivers speed while clearing Pregnant Fox host gives a baby update after she passed her Musk admires chainsaw gift from Milei backstage at Newest Oldest Best rated Worst rated Comments 24 Share what you think View all The comments below have not been moderated. Ed, Tierra Del Sol, 1 decade ago At a Methodist Church College? Jesus save us from these sinners... Click to rate 10 11 redskelf, Bexhill, United Kingdom, 1 decade ago How gullible, She is old enough to know better, and he is a creep. Click to rate 44 1 Les, Perth, Australia, 1 decade ago Hahahahahaha. Some people have the intelligence of a stick insect. Click to rate 35 0 Lexor, Chicago, 1 decade ago Is she still singing for her boyfriend? How about on Jay Leno? Click to rate 6 0 Breezie Pond, Auburn WASH, United States, 1 decade ago If were that girl and this creep suggested this to me would be the one hitting unnaturally high her marriage to a roofer 15 years her junior How a surgeon accused of abusing 300 children kept 70 life-sized child dolls under his floorboards... and wrote in his diary on his birthday every year am a... Urgent warning to all 1.8bn Gmail users over dangerous attack that lets hackers steal accounts Up-to-date on the latest, must-have tech? 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Daily Mail Follow @DailyMail Follow Daily Mail 2/21/25, 7:56 Teacher 'convinced female student to take her clothes off and touch herself while singing to see if it improved her range' \| Daily Mail\u2026 29/48 Follow @dailymailuk Follow Daily Mail Kourtney Kardashian steps out solo in as she makes candid confession about her and Travis Barker's blended family Angela Bassett gets support from A-list pals after being accused of 'sour grapes' over Oscars loss to Jamie Lee Curtis Steve Martin reveals Martin Short got after 50th Anniversary special: 'The curse is real' Michelle Pfeiffer, 66, puts on busty display in low-cut top playing Elle Fanning's mom in new AppleTV+ series Selena Gomez cuddles in bed with Gracie Abrams in music video for new single Call Me When You Break Up Suits star Bryan Greenberg reveals what he saved before he and Jamie Chung lost their home in the fires Major signs Neighbours revival was from the start as the iconic soap is axed again less than two years after it 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Gordon Ramsay makes racy confession about his new restaurant as he admits things keep getting stolen after expanding his culinary empire Sophie Habboo lifts the lid on Made In Chelsea set secrets as she details wardrobe disaster Patsy Kensit, 56, reveals she has been diagnosed with as she admits feel mislead and hurt' in a candid post about her mental health Danny Dyer reveals daughter Dani is 'exhausted' with three kids under four and admits he was on the 'verge of tears' when her fianc\u00e9 Jarrod Bowen asked to marry her EastEnders' Sonia Fowler gives birth to baby girl on the floor of the Queen Vic during live special - with special significance behind her name Jamie Laing breaks down in tears as he opens up about his parents' divorce and admits he carries 'huge guilt' for blaming his father reveals the latest bizarre twist in saga of Meghan's new lifestyle brand 2/21/25, 7:56 Teacher 'convinced female student to take her clothes off and touch herself while singing to see if it improved her range' \| Daily Mail\u2026 34/48 Emmerdale star reveals his girlfriend is pregnant with their first child - five years after being axed from the soap Racegoer stuns onlookers as she reveals a famous comedian is her mother in hilarious viral clip Ron Howard reveals the very famous '70s actor he is related to (hint: he was on Three's Company) She was in a Star Wars movie, is pals with Reese Witherspoon and there is a Taylor Swift link, who is she? 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The heartbreaking losses of the Gogglebox cast - as we take look back at the tragedies of the Channel 4 show This Morning fans seriously distracted by Pamela Anderson's appearance as she promotes new film The Last Showgirl - but can you spot why? 70s rock legends cancel shows after frontman announces cancer diagnosis Shock as another popular Channel Seven star quits the network amid mass bloodbath Meghan Markle hits major milestone after bombshell brand announcement Inside First Dates star Fred Sirieix and Fruitcake's wedding: Bride stuns in a strapless gown as pair tie the knot at stunning Jamaican castle Jinger Duggar Vuolo displays her baby bump in pink blazer after statement about her 'cult-like' upbringing Hilaria Baldwin finally sets the record straight 2/21/25, 7:56 Teacher 'convinced female student to take her clothes off and touch herself while singing to see if it improved her range' \| Daily Mail\u2026 36/48 over her Spanish accent after years of ridicule Neighbours is axed as Amazon pull the Australian soap less than two years after it was revived Why Jennifer Garner is the unsung hero of Hollywood: After supporting Ben Affleck through sobriety friends are now 'concerned' as she suffers tragic loss Holly Willoughby is stunned as she's reunited with her ex- boyfriend... as he reads out toe-curling love letter she sent about a 'naked woman' Khloe Kardashian reveals why she experiences 'anxiety' at ex Tristan Thompson's games Hayden Panettiere remembers brother's tragic early death as childhood home they grew up in hits the market Catherine Tate's rarely seen lookalike daughter Erin, 22, has inherited her comedy talents - and enlists the star for hilarious TikTok skits The Chase's Bradley Walsh forced to intervene and warn contestant 'don't waste my time' as livid viewers rage at 'ridiculous' move Beyonce announces partnership to 'help women'... after Jay-Z's rape case with Diddy dropped Racegoer is coaxed by pals into revealing his uncle as ultra famous sportsman - just minutes after comedian's daughter is spotted 2/21/25, 7:56 Teacher 'convinced female student to take her clothes off and touch herself while singing to see if it improved her range' \| Daily Mail\u2026 37/48 Katie Price's ex Kris Boyson becomes a dad for the first time as he welcomes baby with fianc\u00e9e Elizabeth Tierney after secret reunion and pregnancy Pamela Anderson looks ethereal in a sheer white Dior skirt as she steps out of swanky hotel after dividing This Morning viewers with kooky outfit choice Iris Law flaunts her incredible figure in a stunning array of bikinis while modelling for Victoria's Secret Amanda Holden, 54, enjoys a boat trip with lookalike daughter Hollie, 13, as she gives fans another glimpse into her lavish Barbados trip Taylor Swift's boyfriend Travis Kelce is now a Hollywood movie producer as he works with an Oscar- winning actor Ronan Keating calls for appeal of 'lenient' sentence for man who caused death of his brother in car crash as he slams 'reckless' driver's 'selfish actions' Oprah Winfrey's Ozempic effect on full display in gym gear after drug made her realize truth about 'thin people work on and Ryan Reynolds changed his joke at last minute to make it about the Baldoni scandal after rehearsing a different line 'You can kill a man and walk free': Ronan Keating hits out after man escapes prison sentence for causing the death of his brother This Morning guest breaks down in tears after life-changing makeover in wake of cancer battle and stoma bag - as fans sob 'she looks stunning!' 2/21/25, 7:56 Teacher 'convinced female student to take her clothes off and touch herself while singing to see if it improved her range' \| Daily Mail\u2026 38/48 Daisy May Cooper reveals her very surprising saviour when she hit 'rock bottom' amid divorce from Will Weston Strictly's Nadiya Bychkova shares a hug with ex-dancer partner Dan Walker at her show in Sheffield after she hinted at romantic code symbol between them Mark Wright makes career announcement days after he and pregnant wife Michelle Keegan were left terrified amid burglary at \u00a33.5million mansion Kate Hudson leaves Radio 2 listeners all saying the same thing about her singing as she performs 'first ever live show' British Grand Prix's star-studded headliners are as Silverstone announce a huge lineup of stars who will take to the stage Amanda Holden, 54, poses with her lookalike daughters Lexi, 19, and Hollie, 13, during Barbados break as fans gush the trio 'look like sisters' Pregnant Michelle Keegan and husband Mark Wright's terror as couple lock themselves in bedroom while masked raiders break into \u00a33.5m mansion Kim Kardashian breaks her silence on co-parenting with Kanye West after she faced calls to denounce his behaviour after anti semitic rants Call the Midwife star Helen George, 40, is feeling 'nothing but love' as she shares sweet snaps after debuting relationship with divorced dad, 51 Mick Jagger's son Deveraux, 8, is rushed to hospital after an accident while playing football Amy Schumer's warning about Ryan Reynolds as 2/21/25, 7:56 Teacher 'convinced female student to take her clothes off and touch herself while singing to see if it improved her range' \| Daily Mail\u2026 39/48 she secretly chatted to Blake Lively at SNL50 event reveals future of Grace before series five even hits screens as show boss pays emotional tribute to cast and crew Gail Porter reveals she had a run-in with police after she was caught scattering her father's ashes Daniel Craig drops out of Luca Guadagnino's Sgt. Rock movie months before filming commences - as award-winning actor is tipped to replace him Selena Gomez looks nothing short of sensational as she hits London in white mini dress after debuting new single at West End event Sir Lenny Henry receives Freedom of the City of London in recognition of his contribution to entertainment and charity Netflix adds 'criminally underrated masterpiece show with perfect 100% Rotten Tomatoes score - as fans rave over scenes The Bay's return date finally confirmed by - and the wait for series five is almost over Emmerdale kills off beloved character in heart- wrenching scenes - leaving their loved ones devastated and taking a secret to the grave Starry-eyed Charles! King mingles with celebrities at Buckingham Palace reception for humanitarian efforts Love Island: All Stars winners Gabby and 2/21/25, 7:56 Teacher 'convinced female student to take her clothes off and touch herself while singing to see if it improved her range' \| Daily Mail\u2026 40/48 Casey throw their arms up in triumph while runners-up Grace and Luca look glum at Heathrow airport Prue Leith, 85, stuns in a bold pink satin dress and sunglasses as she takes to the runway during London Fashion Week Loose Women in 'daytime first' as show announces huge format shake-up next month - and panel gush 'we've never done this before!' Helen Flanagan, 34, puts on a loved-up display with boyfriend Robbie Talbot, 45, as they enjoy a night out with his daughter Sophie, 14 Will James Bond get the Star Wars treatment? 007 could be set for series of spin-offs as Broccoli family hand over 'creative control' Lizzo looks slimmer than ever in bra and panty selfie after reaching her weight- loss goal Jessica Simpson details bizarre interaction with late singer Prince Robert De Niro, 81, gives a rare insight into parenting his daughter, 20 months, Gia with Tiffany Chen, 45 Nicolas Cage is being sued by his ex for 'negligence' amid claims their son left her with 'life-threatening injuries' Beloved celebrity hairstylist dies suddenly in the gym age 39 2/21/25, 7:56 Teacher 'convinced female student to take her clothes off and touch herself while singing to see if it improved her range' \| Daily Mail\u2026 41/48 Justin Bieber shares racy snaps with wife Hailey amid marriage strife rumors Chloe Ferry shows off her new figure in jeans for the first since getting her removed and admits she feels 'like herself again' Ant Anstead comes between his ex Christina Haack and her ex Tarek El Moussa in tense moment on The Flip Off Taylor Swift's role in It Ends With Us revealed - amid rumours she's ditched Blake Lively and claims she had 'no creative involvement in the film' Holly Willoughby 'faces new court battle as her media company is ordered to pay eye- watering tax bill' Demi Moore, 62, celebrates her awards success despite missing out on BAFTAs gong as she poses for fun snaps during her trip to London Rocky and Rihanna have promised to name their next child after the rapper's - after being found not guilty in shooting case Katy Perry is condemned as 'unforgiveable' by family of 85-year-old veteran she evicted from her $15M home as she files for $6million Cruz Beckham turns 20! Proud parents David and Victoria share sweet tributes for their youngest son while girlfriend Jackie Apostel posts cheeky clip Tom Hiddleston and Hayley Atwell share sweet embrace as the cast celebrate opening press night of Much Ado About Nothing - as actress shares secret message in her jacket Myleene Klass takes inspiration from Hailey 2/21/25, 7:56 Teacher 'convinced female student to take her clothes off and touch herself while singing to see if it improved her range' \| Daily Mail\u2026 42/48 Bieber in quirky headgear and a corset top as she struts out of the Smooth studios Country megastar's homophobic slur caught on camera in bar Pregnant Arabella Chi shows off her growing baby bump in a silk co- ord set as she steps out at the Oh Polly London Fashion Week show Anne-Marie is pregnant! Singer is expecting her second child with her husband Slowthai as she unveils her baby bump in sweet video Christina Haack reveals shock 'emotional embrace' with ex Ant Anstead... amid his romance with Renee Zellweger Veteran Neighbours star Ian Smith, 86, reveals how long he has to live - after being diagnosed with an 'aggressive' form of lung cancer Amanda Holden risks the wrath of bosses after claiming she took 28 flights during making of her show - weeks after the corporation unveiled its Climate Transition Plan Georgia Love debuts major transformation after insiders confirmed she and husband Lee Elliot have split Michael Jackson's estate at odds with auction house over unreleased songs from late King of Pop: 'Fans want to hear new music' 90s rock star reveals he lost two amid health battle... as he shares gruesome snap for fans Blake Lively claims her kids are so 'traumatized' by Justin 2/21/25, 7:56 Teacher 'convinced female student to take her clothes off and touch herself while singing to see if it improved her range' \| Daily Mail\u2026 43/48 Baldoni drama she has to stay home... despite glitzy appearance Kim Kardashian oils up her sculpted bikini body for sexy shoot after shock reunion with A-list ex-lover Drake gifts pregnant woman seats and $30,000 at his Sydney concert: 'Who brings a baby to a mosh pit?' Extreme Makeover host Clea Shearer 'sobbed' after almost 'losing my breasts twice' to surgery fear gaunt and grubby Justin Bieber is on a path to destruction. And think know the heartbreaking reason why Matty 'J' Johnson hits back at claim he was 'overreacting' on I'm Celebrity... Get Me Out Of Here! Kyle Richards and Morgan Wade lean on each other after supporting Teddi Mellencamp following brain tumor surgery EastEnders fans shocked as Martin Fowler's fate hangs in the balance after horror accident - while vote opens for first time ever over Denise Fox's future The Masked Singer Season 13 live updates: Judges decide who moves on during Shrek Night Jennifer Lopez poses with handsome man at a lavish beach restaurant as she brushes off criticism following Dubai concert Addison Rae flashes her bare legs for Vogue 2/21/25, 7:56 Teacher 'convinced female student to take her clothes off and touch herself while singing to see if it improved her range' \| Daily Mail\u2026 44/48 France as she admits she 'felt like a celebrity' long before fame hit Denise Richards gives rare update about daughter Eloise's chromosomal disorder Wild claims about notorious cancer faker Belle Gibson's recent whereabouts and her new name - as con woman's story plays out on Netflix's Apple Cider Vinegar reviews Much Ado About Nothing: Hayley and Tom fizz in this spangly disco night blitz Blake goes to war: Bombshell new legal filing claims two female co-stars from It Ends With Us will back up her claims against Baldoni Wicked star Cynthia Erivo is announced as host of the 2025 Tony Awards as she calls it a 'glorious honor' Kelly Ripa talks finding evidence of life after death following family tragedy Lady Gaga gets very nervous during lie detector test as she teases possible A-list reunion Justin Baldoni's lawyer Blake Lively as he points out glaring issue in her 'underwhelming' amended lawsuit . Meghan Markle faces yet another battle in her lifestyle venture as 'reeling' 'As Ever' boss reveals he's seeking legal advice reviews 2/21/25, 7:56 Teacher 'convinced female student to take her clothes off and touch herself while singing to see if it improved her range' \| Daily Mail\u2026 45/48 EastEnders' 40th anniversary special: Forget Corrie, Walford has brought back an even better guest Pete Doherty puts on a brave face as he flashes a smile in first sighting since he revealed he's at risk of having his toes amputated Today's headlines Most Read Zelensky surrenders to Trump and 'will sign mineral deal within hours' How a surgeon accused of abusing 300 children kept 70 life-sized child dolls under his floorboards... and... Pictured: Man, 43, charged with repeatedly raping schoolgirl, 14, in late night Southampton park attack didn't know how lonely and isolated country life could be when you're single was delusional to think... 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8,607	Jed Rubenfeld	Yale University	[ "8607_101.pdf", "8607_102.pdf", "8607_103.pdf", "8607_104.pdf", "8607_105.pdf", "8607_106.pdf", "8607_107.pdf" ]	{"8607_101.pdf": "Report on Sexual Harassment at Yale Case Study on Jed Rubenfeld 1 Table of Contents ............................................................................................................................. 1 Statement to President Salovey ...................................................................................................... 2 Timeline of the Jed Rubenfeld Case ............................................................................................... 3 Review of University-Wide Committee Policies and Proposed Changes ....................................... 5 Appendix I: Standards for Bifurcating the Title Process .......................................................... 12 Appendix II: Law Revue References to Amy Chua and Jed Rubenfeld ......................................... 13 Appendix III: Letter Regarding Attorney Representation in Proceedings from September 1, 2020 ........................................................................................................................................... 14 Appendix IV: Top Law Schools Posts Referencing Jed Rubenfeld\u2019s misconduct ......................... 19 2 Dear President Salovey, We are writing today in the aftermath of the investigation into Jed Rubenfeld\u2019s misconduct to urge Yale University to permanently suspend Jed Rubenfeld, release the findings of the investigation to the extent legally possible, and make critical changes in the University Wide Committee (UWC) Title Process. Jed Rubenfeld\u2019s unacceptable behavior is alleged to have happened at for at least twenty years, with accusations ranging from sex with students to forcible kissing and groping. The first section of our report chronicles the documented history of Jed Rubenfeld\u2019s case based on publicly available information, including news articles, online posts, course catalogues, and recordings of student performances. Our study of Jed Rubenfeld\u2019s case has uncovered critical problems in the process. The changes we recommend today can be adopted by the University without violating federal or state law or contravening the recent Trump Administration rule changes to Title IX. First, we ask that the University adopt a system for tracking anonymous reports that will allow survivors to file an anonymous record of misconduct and be notified when other reports are filed for the same offender. Second, we reiterate our earlier advocacy asking the university to provide pro bono legal representation to all student-claimants and student-respondents in the process, despite the university\u2019s recent rejection of our request. Third, we ask that the adopt a new framework for determining the result of an investigation that explicitly considers the safety of the broader Yale community. Particularly in the case of Jed Rubenfeld, we ask that the University permanently remove Jed Rubenfeld from campus and release information regarding the nature of the allegations and findings of the investigation. When Jed Rubenfeld is allowed to return to and resume teaching, in just two years, he will still be dangerous. There is no reason to believe there will be any change in his behavior\u2014the only change will be that all the students who are aware of his transgressions will have graduated, thereby impairing institutional memory. We do not want Jed Rubenfeld to prey on a new generation of students. We urge the University to permanently remove dangerous faculty from campus and make changes to the process that will support future survivors. In solidarity, Yale Law Women Board, 2020-21 3 Date Event Source April 2008 Top Law Schools forum post: \u201cThen there's the (what seem like) monthly soirees at the Chua/Rubenfeld house, but suppose that's for another post.\u201d Kalessebo (Apr. 23, 2008, 4:55 AM) [included in Appendix IV]. 2009 to 2014 Law Revue repeatedly made jokes about drinking heavily with Amy Chua and Jed Rubenfeld and implied that Jed Rubenfeld was odd or creepy. These references (listed in Appendix II) show that the community was aware of at least mildly inappropriate behavior by Rubenfeld for many years, including as early as 2009. Law Revue video recordings. See Appendix II. Fall 2015 Jed Rubenfeld\u2019s small group was reassigned. Student accounts & Yale Records. April 2017 Anonymous Top Law School user posts: \u201cLadies of, or considering attending, YLS: Unless you enjoy being hit on by a middle-aged, married man who wields power over your career, seriously stay away from Tiger Dad when he is drunk (which is surprisingly often). At least two of my friends were subject to his machinations. I'm told that each \u2018generation\u2019 of women has had to learn this the hard way.\u201d Anonymous User (Apr. 5, 2017, 12:44 AM) [included in Appendix IV]. June 2018 Jed Rubenfeld claims he was informed of the investigation and told that his position as a \u201clong- tenured member of the faculty\u201d was not in jeopardy. Stephanie Kirchgaessner & Jessica Glenza, \u2018No Accident\u2019 Brett Kavanaugh\u2019s Female Law Clerks \u2018Looked Like Models\u2019, Yale Professor Told Students (Sept. 20, 2018, 10:16 EDT), news/2018/sep/20/brett-kavanaugh- supreme-court-yale-amy-chua. September 2018 The Guardian reports that Jed Rubenfeld told a prospective Kavanaugh clerk that the judge \u201chires women with a certain look.\u201d Above the Law reports that a letter was sent to alumni asking them to reach out to the outside investigator \u201cif they have something to share\u201d about Jed Rubenfeld\u2019s misconduct. Stephanie Kirchgaessner & Jessica Glenza, \u2018No Accident\u2019 Brett Kavanaugh\u2019s Female Law Clerks \u2018Looked Like Models\u2019, Yale Professor Told Students (Sept. 20, 2018, 10:16 EDT), news/2018/sep/20/brett-kavanaugh- supreme-court-yale-amy-chua. Elie Mystal, Details On The Allegations Against, And Yale Law School Investigation Into, Professor Jed Rubenfeld (Sept. 20, 2018, 1:01 PM), s-on-the-allegations-against-and-yale- law-school-investigation-into-professor- jed-rubenfeld. 4 October 2018 Slate publishes a long investigative piece on Jed Rubenfeld, which reports that: \uf0b7 Rubenfeld had previously had his small group taken away after an \u201cinformal investigation\u201d into his behavior. \uf0b7 \u201cSeveral current students told us that Rubenfeld had gotten drunk at small group gatherings and that when he did, his behavior would become more provocative. Many of his students told us that these sorts of interactions made them uncomfortable.\u201d \uf0b7 Jed Rubenfeld verbally harassed students in multiple interactions on and off campus, according to former students who chose to remain anonymous. \uf0b7 None of the students with whom Slate spoke for the article \u201cwere willing to be named in this story, for fear of reprisal by Yale faculty, for fear of hurting their clerkship chances, or, for those who already are or were law clerks, for fear of embarrassing the prestigious judges they work or have worked for.\u201d Yale Daily News publishes interviews with alumni about Jed Rubenfeld. Dahlia Lithwick & Susan Matthews, Investigation at Yale Law School (Oct. 5, 2018, 3:58 PM), politics/2018/10/jed-rubenfeld-amy- chua-yale-law-school.html. Asha Prihar Alumni Reflect on Rubenfeld Allegations (Oct. 26, 2018, 3:26 AM), 10/26/yls-alumni-reflect-on-rubenfeld- allegations. August 2020 Jed Rubenfeld is suspended from Yale Law School for two years. \uf0b7 \u201cThe allegations, which spanned decades, included verbal harassment, unwanted touching, and attempted kissing, both in the classroom and at parties at Rubenfeld\u2019s home.\u201d Irin Carmon, Yale Law Professor Jed Rubenfeld Has Been Suspended for Sexual Harassment, N.Y. MAG. (Aug. 26, 2020), /08/yale-professor-jed-rubenfeld- suspended-for-sexual- harassment.html. 5 Jed Rubenfeld\u2019s case was handled directly by the University-Wide Committee on Sexual Misconduct (UWC). Our review of this process revealed significant opportunities for improvement. This section of the report evaluates the process to advocate for better outcomes for Jed Rubenfeld\u2019s accusers, as well as for future survivors of sexual harassment, assault, and rape at the University. We believe that these changes are particularly important now, as the Trump administration has issued destructive new Title guidelines that seek to silence accusers and protect predators. All of our recommendations can be implemented by the University, without any policy changes at the national or state level. Process Review & Recommendations The new process is bifurcated after the release of the Trump Administration\u2019s new Title rules general overview of the process is shown in the figure below: Figure I: Overview of Current Process1 Our report has identified necessary changes at three phases of this process: initial disclosure, investigation/hearing, and the final decision. Initial Disclosure \| Platform for Anonymous Reporting and Survivor Matching Sexual misconduct is dramatically underreported study at the University of Massachusetts Amherst Center for Employment Equity found that 99.8% of victims of workplace sexual harassment never file a formal report.2 At least two-thirds of rapes and sexual 1 Procedures (Aug. 12, 2020), 2 Employer\u2019s Responses to Sexual Harassment AMHERST, 6 assaults are never reported to the police.3 This problem persists on university campuses. Estimates vary, but the consensus is that only about a quarter of sexual assaults on campus are ever reported.4 Survivors may fear that their accusations won\u2019t be taken seriously\u2014or, if the perpetrator is someone with power, that they will face retaliation for speaking up. This problem is particularly pronounced when the offender is a serial predator and a faculty or staff member. Survivors of the same offender may span decades and not even know that there are other students with similar experiences. When one student is unable or unwilling to file a complaint, future students are put at risk of similar predatory behavior. The university needs a formal system to track unfiled complaints and give victims of serial predators an opportunity to come forward together. Callisto5 is an example of a technology that could enable victims to come forward together, while protecting the rights of all parties. The platform allows survivors to file anonymous, sealed allegations. If another survivor inputs an allegation against the same offender, both survivors will be notified and given the opportunity to come forward together. Callisto was first adopted in 2015 by Pamona College and the University of San Francisco.6 Its adoption has fluctuated over the years, at one point reaching over a dozen schools. Of course, which particular technology Yale chooses is unimportant. What matters is that students have the opportunity to make a sealed complaint and be notified when other accusers come forward\u2014an opportunity they do not currently have. The absence of this option currently allows serial predators to continue to harm the community and serves to dissuade survivors from coming forward. Technology like Callisto would have been exceptionally helpful in detecting an alleged serial predator like Jed Rubenfeld. As documented in the timeline above, the allegations against Jed Rubenfeld were numerous, and they can be traced back over many years. However, the current / Title process was not well equipped to support individual survivors or to aggregate multiple allegations into a single meaningful action. Students were afraid to speak out against Jed Rubenfeld individually because they feared retribution and harm to their careers. Multiple news stories have reported how this fear allowed Jed Rubenfeld to escape responsibility for his actions over many years: \u201cThe two main obstacles that made it difficult for [Rubenfeld\u2019s accusers] to report this behavior were a Title process that seems incapable of tracking multiple complaints against a single faculty member and this particular faculty member\u2019s 3 Rachel E. Morgan & Jennifer L. Truman, Criminal Victimization, 2019 JUST. 8 (Sept. 2020), 4 Brian A. Pappas, Sexual Misconduct on Campus (2019), gazine/2019/winter-2019-me-too/sexual-misconduct-on-campus/; Kimberly Hefling, Justice Department: Majority of Campus Sexual Assault Goes Unreported to Police (Dec. 11, 2014, 1:30 EDT), assault-go-unreported-police. 5 CALLISTO, 6 Ian Ayres, Opinion, Meet Callisto, the Tinder-Like Platform that Aims to Fight Sexual Assault (Oct. 9, 2015), technology-to-fight-sexual-assault/2015/10/09/f8ebd44e-6e02-11e5-aa5b- f78a98956699_story.html. 7 connection to a clerkship process that makes students enormously reliant on pleasing certain professors.\u201d7 \u201cSources who spoke to the Guardian about their experiences with Chua and Rubenfeld would only speak under the condition of anonymity because they feared retribution and damage to their future careers.\u201d8 Grace Kao \u201915 told the Yale Daily News that \u201cShe said that \u2018the idea of retaliation\u2019 [from Amy Chua and Jed Rubenfeld] when it came to getting prestigious clerkships was \u2018very real.\u2019\u201d9 There is strength in numbers. If accusers were able to be notified about one another\u2019s existence, they could organize to collectively file formal complaints against the relevant predator. In the past, administrators have objected to implementing systems like Callisto at Yale because of \u201cdue process\u201d concerns. However, these concerns do not accurately reflect the role of Callisto. Even if Callisto is implemented, any individual with an allegation must still come forward with their own complaint, and anonymous complaints still cannot be considered as part of a Title process. The policies protect accused predators from evidence like \u201cprevious accusations of other acts of sexual misconduct that did not result in formal discipline.\u201d10 Callisto does not reduce the protections for accused predators; it simply allows victims to coordinate with one another. Victims who may not have otherwise felt comfortable moving forward with a complaint on their own can collaborate with other survivors. We have also heard that administrators are concerned that survivors may be somehow confused by Callisto and think that they are filing a formal complaint with the university. This concern is misplaced. Callisto outlines the options available to a survivor, and the platform is very clear that information filed with Callisto will be held confidentially until a match is made. Complainants will always have the option to file a formal Title complaint through the existing process, regardless of the implementation of the Callisto system at Yale. This problem has also not been reported at the schools that have already implemented Callisto. Additionally, certain Title violations can only be properly investigated when multiple claimants are able to file a Title complaint together. If a complainant wishes to allege a \u201cpattern or practice\u201d of discrimination, they will need to substantiate their claims with other allegations. The current system, which siloes survivors and makes no effort to connect them, effectively eliminates a survivor\u2019s ability to make this claim in the absence of an independent investigator or other special initiative. 7 Dahlia Lithwick & Susan Matthews, Investigation at Yale Law School (Oct. 5, 2018, 3:58 PM), school.html. 8 Stephanie Kirchgaessner & Jessica Glenza, \u2018No Accident\u2019 Brett Kavanaugh\u2019s Female Law Clerks \u2018Looked Like Models\u2019, Yale Professor Told Students (Sept. 20, 2018, 10:16 EDT), yale-amy-chua. 9 Asha Prihar Alumni Reflect on Rubenfeld Allegations (Oct. 26, 2018, 3:26 AM), allegations. 10 Procedures, supra note 1. 8 At a minimum, the Jed Rubenfeld case demonstrates the importance of enabling survivors to come forward when other accusations have surfaced. As detailed in multiple news stories in Appendix III, when the formal investigation against Jed Rubenfeld began, the law school sent a message to alumni asking them to \u201creach out\u201d to the outside investigator if they had \u201csomething to share\u201d about Jed Rubenfeld\u2019s conduct.11 These claims would have been much easier to substantiate if the survivors could have made a contemporaneous record of the misconduct through a system like Callisto. Serial predators threaten the safety of all Yale students. The University must take every step possible to empower survivors to speak up. Callisto will enable individuals who otherwise may have never spoken to coordinate and support one another. Investigation & Hearing \| Attorney Representation in Proceedings The Trump Administration\u2019s new Title rules have altered the investigation and hearing phases of the process. Now, accusers may be directly cross-examined as part of the Section 4 process.12 The Title process increasingly resembles a legal proceeding, and parties should be entitled to adequate legal representation. In all Title proceedings, and especially in the new Section 4 hearings, survivors are expected to navigate complex, emotionally charged, and draining processes. While all parties are entitled to appoint their own \u201cadvisor,\u201d the university provides no financial support to survivors seeking legal representation. Student-claimants may be as young as eighteen, and it is unreasonable to expect that they can navigate such a complex process without professional support. On September 1, 2020, the Title Working Group Chairs and the Board sent a letter to Stephanie Spangler (University Title Coordinator) and Mark Solomon (Chair of the UWC) urging the University to provide student-claimants and student-respondents with attorneys in all proceedings before the on a pro bono basis throughout the duration of the process.13 The text of the letter can also be found in Appendix of this report. This request was denied on October 9, 2020, and we firmly believe that this is the wrong outcome. As the letter explains, it is well documented that a lack of legal resources for survivors of campus sexual misconduct limits survivors\u2019 ability to make informed choices about reporting and deters reporting of sexual misconduct.14 Disparities in attorney representation may reflect and perpetuate racial inequality, as white students are more likely to have generational wealth 11 Elie Mystal, Details On The Allegations Against, And Yale Law School Investigation Into, Professor Jed Rubenfeld (Sept. 20, 2018, 1:01 PM), investigation-into-professor-jed-rubenfeld. 12 For a detailed overview, see the graphic on page 5. 13 Letter from Yale Law School Title Working Group Chairs & Yale Law Women Board, 2020-2021 to Stephanie Spangler, University Title Coordinator, Yale University & Mark Solomon, Chair of the University Wide-Committee on Sexual Misconduct, Yale University (Sept. 1, 2020) (included in Appendix III) 14 Merle H. Weiner, Legal Counsel for Survivors of Campus Sexual Violence, 29 123, 142 (2017). 9 and therefore more likely to have access to high-quality legal representation (or, for that matter, legal representation at all).15 When a student accuses a powerful and successful professor like Jed Rubenfeld, they are especially likely to be comparatively under resourced. Jed Rubenfeld has tremendous financial resources and unmatched connections within the legal profession. An individual student with no professional guidance is likely to be outmaneuvered by a skilled lawyer and possibly deterred from pursuing their legal claims in the first place. Outcome & Resolution \| Yale Community as a Stakeholder The current Decision, Outcomes, and Resolutions phase undervalues the interests of the broader Yale community. The process is adversarial and secret. While confidentiality is sometimes a necessity, it can leave students and other community members confused about results that may impact their safety and educational environment. This report advocates for a change to the resolution process: explicit consideration of the Yale community as a stakeholder for decisions about outcome and transparency. We request that the hearing panel release a \u201ccommunity impact statement\u201d any time an investigation finds Title misconduct or other wrongdoing that leads to disciplinary action. The statement should explain how (1) the disciplinary action sufficiently protects the Yale community from the offender, and (2) the panel has decided what information to release after the investigation is complete. This required consideration of our community\u2019s safety will change the problematic dynamic that occurs when high-powered serial predators are finally investigated. First, the process will focus on keeping the community safe, and not on simply \u201cpunishing\u201d the respondent before allowing them to return to campus and possibly offend again. Second, clearer communication with the Yale community\u2014even if certain pieces of information must be withheld\u2014will reassure students and empower future survivors to come forward. Jed Rubenfeld\u2019s case demonstrates the problems with the current system two-year suspension, even with restrictions once Jed Rubenfeld returns to campus, is difficult to justify under a framework that considers the safety of the community. The panel found wrongdoing egregious enough to warrant a two-year suspension, and the allegations go back many years. There is no reason believe that anything about Jed Rubenfeld and his predatory tendencies will change in two years. Instead, he will be returning to a campus where students will need to rely on whisper networks to remain safe. This outcome will also entrench existing inequities. Privileged students who feel less threatened by rumors of sexual misconduct will still be able to benefit from Jed Rubenfeld\u2019s recommendations, while women, LGBTQ+ individuals, and other marginalized groups will have to weigh concerns about physical safety against a desire to advance their careers. Less privileged students may also be less connected to the relevant \u201cwhisper networks\u201d and more likely to fall prey to future misconduct by Jed Rubenfeld. 15 Racial disparities in attorney representation in the civil-law context are well documented. See, e.g., Amy Myrick, Robert L. Nelson & Laura Beth Nielsen, Race and Representation: Racial Disparities in Legal Representation for Employment Civil Rights Plaintiffs, 15 705, 713-25 (2012). 10 Considering the safety of the community will lead to appropriately different outcomes in cases of misconduct by students and misconduct by faculty. In cases where a student has committed a Title violation, the panel may find that accommodations other than expulsion are an appropriate remedy. The student will leave the Yale community in a few years, so temporary measures may be sufficient. There may be less need to warn future generations of Yale students about the offender\u2019s behavior. However, when a faculty member commits repeated Title violations over many years, the community\u2019s safety is tangibly threatened for as long as the offender is allowed to have any ties to the university. Students who do not know of the professor\u2019s past actions may endanger themselves unintentionally. Students who are aware of the threat to their safety may choose to take a risk\u2014that is, expose themselves to a sexual predator\u2014to advance their career. Students who belong to privileged demographics that are typically less threatened by Title offenses will be given yet another opportunity to entrench their privilege. The aftermath of Jed Rubenfeld\u2019s case would be improved by greater transparency. The absence of a formal report to the community has allowed room for allies of Jed Rubenfeld to doubt the severity and veracity of the allegations; this allows retaliation to continue against survivors as Rubenfeld and his allies spread false information about the process. As mentioned above, if Jed Rubenfeld is allowed to return to campus in two years, the absence of a formal report or public documentation will compound the effects of a whisper network as students\u2019 only source of information about their safety. The University must do more to protect accusers from retaliation, and transparency would be a helpful first step. Jed Rubenfeld and his allies have downplayed the accusations against him in an attempt to discredit his accusers. It would be much easier for complainants to protect their reputations if the results of the investigation became public. These retaliatory rumors are damaging to claimants and they dissuade future survivors from coming forward, which puts the safety of the entire community at risk. Additionally, tenure should not be used as an excuse for retaining dangerous faculty. Tenured appointments are established to ensure academic freedom and not to excuse Title violations or other dangerous behavior. Jed Rubenfeld has attempted to leverage these academic-freedom protections by claiming that the allegations are a backlash to his 2014 op-ed arguing against affirmative consent standards (for example, he has stated think subsequent to me having written some controversial articles about sexual assault, that became a target of people making false allegations against me.\u201d16). This is false. News reports have also substantiated that the allegations against Jed Rubenfeld \u201cspanned decades\u201d;17 it is impossible for allegations that span this timeframe to all have occurred in response to an article written in 2014. However, because the University has failed to release more details about the investigation, Jed Rubenfeld is still able to spread this baseless defense. We know that greater transparency is possible. When an independent investigation was initiated against Yale professor of psychiatry Eugene Redmond in 2019, President Salovey issued a strongly worded statement that condemned Eugene Redmond\u2019s behavior and framed 16 Irin Carmon, Yale Law Professor Jed Rubenfeld Has Been Suspended for Sexual Harassment, N.Y. MAG. (Aug. 26, 2020), professor-jed-rubenfeld-suspended-for-sexual-harassment.html. 17 Id. 11 the investigation in the context of past investigations that were previously confidential.18 The full report was also released at the conclusion of the investigation.19 There is no reason to distinguish this case from the case of Jed Rubenfeld. If anything, it is even more important for the school to be transparent with students if Jed Rubenfeld is expected to return to campus in two years. Yale should live up to this precedent and release the Jed Rubenfeld report; student safety and wellbeing depends on it. Conclusion \| Yale must protect students from serial predators The investigation into Jed Rubenfeld has resulted in disciplinary action after decades of alleged misconduct. However, the Yale community is not yet safe from Jed Rubenfeld, and the process is not well equipped to stop alleged predators like him in the future. Yale must permanently remove Jed Rubenfeld from campus and release the results of the investigation. It is not safe for him to return to campus in two years to students who have no knowledge of his past misconduct, and there is no reason to believe that his behavior will improve after his suspension. The University should release the results of the investigation, regardless of their decision to allow Jed Rubenfeld back on campus. Transparency will allow the law school to reckon with its past and heal as a community. Additional information will also prevent Jed Rubenfeld and his allies from continuing to discredit survivors and downplay the accusations against him. After years of allowing Jed Rubenfeld to allegedly victimize students, the University must change its policies to prevent serial misconduct by faculty in the future. Students need a system for tracking anonymous reports that allows survivors to be notified when other reports are filed for the same offender. Additionally, our earlier advocacy asking the university to provide pro bono legal representation to all student-claimants and student respondents in the Process is now more important than ever. Finally, panels hearing Title cases must explicitly consider the safety of the broader Yale community and communicate with us as a stakeholder in the Process. We hope our University will heed this call to action, make needed changes to the Process, and keep our community safe from dangerous predators. 18 Sexual Misconduct Complaints to be Subject of Investigation (Jan. 28, 2019), 19 Dierdre M. Daly, Report of Independent Investigation: Sexual Misconduct by Yale Professor D. Eugene Redmond (Aug. 14, 2019), 12 As described on Yale\u2019s Title website, any complaint meeting the following criteria will be addressed through the new procedure established by the Trump Administration\u2019s rule: - The alleged misconduct meets the definition of Title sexual misconduct under federal regulations. - At the time the complaint is filed, the person bringing the complaint is participating in or seeking to participate in a Yale program or activity. - The person accused of the misconduct is employed by Yale or is enrolled in a Yale program or activity. - The alleged misconduct occurred on the Yale campus; at a Yale sponsored event; in another place, event, or circumstances over which Yale exercised substantial control; or in a building owned or controlled by a student organization officially recognized by Yale. - The alleged misconduct was directed toward a person in the United States. - The alleged misconduct occurred on or after August 14, 2020. 13 Law Revue is annual student-produced musical comedy about the past year at Yale Law School. Recordings were accessed through the Lillian Goldman Law Library. Year Time in performance Content 2009 57:27 \u201cJed Rubenfeld\u201d (played by a student) shows up to audition to play Harold Koh. Girl described as \"skeptical\" acts performatively creeped out by \u201cRubenfeld\u201d and backs away from him slowly. 2010 53:02 [Song lyric about Amy Chua] \"Please throw us one more party at your castle tonight! Free booze!\" 2012 1:03:43 Jed Rubenfeld (himself, not a student impersonator) jokes about drinking with students. He looks sternly into the camera and says know this audience can't be knocked out by four drinks and a warm auditorium.\" 2013 31:20 Song lyric about life at Yale Law School: \"Drink all night with Chua\" 2014 1:32:05 As part of a trivia show sketch, this question was posed: \"Which of the following demographics have responded well to Rubenfeld's book? A. Freudian psychoanalysts, B. Tipsy students at Thali Too, C. Stephen Carter (privately) D. Amy Chua (publicly)\u201d The answer: \"They were all right! Unlike Rubenfeld's choice to write about rape.\" 14 1, 2020 September 1, 2020 Via Email Dr. Stephanie Spangler University Title Coordinator Yale University [email protected] Dr. Mark Solomon Chair, University Wide-Committee on Sexual Misconduct Yale University [email protected] Re: Attorney Representation in Proceedings Dear Drs. Spangler and Solomon: We write today to urge the University to provide student-claimants and student- respondents in all proceedings before the University-Wide Committee on Sexual Misconduct (UWC) with attorneys on a pro bono basis throughout the duration of the process. We understand that the University, like most other educational institutions in this country, has had to make a number of difficult decisions resulting in changes to its Procedures and Sexual Misconduct Policies over the last few months in response to the Trump Administration\u2019s recently finalized regulation. While the regulation in question presents a considerable obstacle to justice on campus, we appreciate that the University has made significant efforts toward maintaining a fair and equitable process while complying with the law. As you may know, the Yale Law School Title Working Group has long supported the provision of attorneys on a pro bono basis for both student-claimants and student-respondents in proceedings before the UWC. Absent legal representation, students are often left to navigate a complex, quasi-judicial process without adequate legal advice. Of course, some parties\u2014likely faculty and students from wealthy, white families\u2014can afford to pay for top-notch legal representation. This leads to a dynamic where one party may have access to a highly educated and compensated lawyer while the other party\u2014who may be as young as eighteen years old, and perhaps struggling in the aftermath of a trauma\u2014is left to fend for themselves, with only the support of a University-provided adviser who is not legally trained. These situations are inequitable on the individual level, leaving students with fewer financial resources to struggle through a complicated process that may have life-altering consequences without legal counsel. In addition, they have serious repercussions for the campus on a systemic level. As legal scholar Merle Weiner has pointed out, a lack of legal resources for survivors of campus sexual misconduct limits their ability to make informed choices about reporting, which in turn deters reporting of 2 sexual misconduct.1 Further, disparities in attorney representation may reflect and perpetuate racial inequality, as white students are more likely to have generational wealth and therefore more likely to have access to high-quality legal representation (or, for that matter, legal representation at all).2 Columbia University recognized these equity issues some time ago, implementing an innovative system of legal representation in its sexual misconduct proceedings. In or around 2015, Columbia adopted a system in which it pays for experienced attorneys to represent the parties on each side of its investigation and hearing process. Crucially, these attorneys are paid a flat fee per representation, meaning that their representation is not limited to a certain number of attorney hours or only to the hearing itself. In addition, Columbia provides student-claimants and student- respondents with representation from separate pools of attorneys experienced in this type of practice. Specifically, Sanctuary for Families\u2019 Campus Advocates Project\u2014a group of attorneys with significant experience in representing student-claimants in Title proceedings\u2014represents student-claimants, whereas experienced defense attorneys represent student-respondents.3 Though the need for legal representation in these proceedings has long been evident, it is now more acute than ever. As you know, Yale\u2019s Procedures now provide for live cross- examination by the parties\u2019 advisers for Section 4 hearings. Cross-examination is a distinctly legal task, and its use in hearings highlights the trial-like nature of both the Section 4 and Section 5 procedures. Since the rule change this past spring, more and more institutions of higher education are considering free provision of attorneys to student-claimants and student-respondents on a pro bono basis.4 Yale must do the same. While there are a number of possible models of attorney representation programs, we believe the Columbia model, discussed above, is by far the most equitable. Other schools such as Stanford University provide more limited representation for students in their sexual misconduct proceedings. Students are either provided an attorney for the day of the hearing only or for a limited number of attorney hours. However, if some students have only limited access to their attorney, or are restricted in the amount of time the attorney may spend on their representation, these students\u2019 legal questions about the process and its possible ramifications may go unanswered, and their attorney may not be appropriately prepared to support them at the hearing. This model of 1 Merle H. Weiner, Legal Counsel for Survivors of Campus Sexual Violence, 29 123, 142 (2017). 2 Racial disparities in attorney representation in the civil law context are well documented. See, e.g., Amy Myrick, Robert L. Nelson & Laura Beth Nielsen, Race and Representation: Racial Disparities in Legal Representation for Employment Civil Rights Plaintiffs, 15 705, 713-25 (2012). 3 An attorney with the Campus Advocates Project at Sanctuary for Families provided much of this information to members of the Title Working Group. Since the recent rule change, these attorneys have begun providing similar services to claimants at universities across the country. Should Yale consider adopting a similar program, the Title Working Group suggests that the University consider working with the attorneys at the Campus Advocates Project or other similarly experienced attorneys in this area. 4 For example, the University of Michigan recently informed student-advocates on its campus that it will be providing students with attorneys for the University\u2019s Title adjudicatory process. 3 representation would therefore perpetuate existing equity concerns, allowing wealthy parties to pay for better attorney access than other students are provided. Further, though Section 5 hearings will not feature cross-examination, parties in Section 5 proceedings should be provided the same attorney representation and access as students in Section 4 proceedings. Even absent cross-examination, Section 5 procedures are complicated and quasi- judicial, and the new bifurcated system introduces additional jurisdictional complexities. All students attempting to navigate the process should have access to expert legal counsel, regardless of whether they are involved in a Section 4 or Section 5 proceeding. Because the new definition of Title misconduct (which mirrors the Trump Administration\u2019s definition and requires a Section 4 hearing) is arbitrarily narrow, distinguishing the provision of attorneys on the basis of whether misconduct is defined as \u201cTitle misconduct\u201d (subject to a Section 4 hearing) or \u201c[o]ther . . . sexual misconduct\u201d (subject to a Section 5 hearing) would be arbitrary as well simple example illustrates this point: imagine Student sexually assaulted Student in a dorm room on campus. If Student were to file a complaint with a Title Coordinator, this would be routed through the Section 4 process, with attorney representation provided. But, if Student assaulted Student in an off-campus apartment that was not under \u201csubstantial control\u201d by the University or a University-affiliated student organization, Student B\u2019s complaint would go through the Section 5 process, which more or less mirrors the Section 4 process, but the students would not be provided with attorneys. The location where a student is raped, harassed, or stalked should not determine whether the University provides them with legal representation. The same is true for student-respondents: the arbitrary bounds of the Trump Administration\u2019s narrow definition of \u201cTitle misconduct\u201d should not determine whether they have access to legal representation. Put bluntly, provision of cost-free5 legal representation for all parties in all proceedings, from the time a claimant considers initiating a complaint through the appeals process, is crucial to ensuring equity and due process in proceedings. We urge the University to waste no time in adopting and publicizing a policy that provides for this type of representation. We also urge the University to maintain such a policy even if the current Title regulation is struck down by a court or otherwise rescinded or altered at a future date. Student members of the Title Working Group would be happy to discuss this matter further with you or with other members of the University administration. Please do not hesitate to contact Grace Judge ([email protected]) or Mollie Berkowitz ([email protected]). 5 Arguably, University-provided representation would not be \u201ccost-free\u201d because most students pay large sums in tuition and other fees to the University each year. 4 Sincerely, Yale Law School Title Working Group Chairs Yale Law Women Board, 2020-2021 cc: Ellen Cosgrove, Associate Dean, Yale Law School Heather Gerken, Dean, Yale Law School Alexander Dreier, Senior Vice President & General Counsel, Yale University Aley Menon, Secretary, University-Wide Committee on Sexual Misconduct, Yale University 19 9/20/2020 Yale 1Ls/2Ls/3Ls Taking Questions - Top Law Schools 7/9 tinman Posts: 241 Joined: Sat Mar 14, 2009 11:17 pm \uf10dBrock2010 wrote: damn really? was he at a t-14? or even a t-10? Yes, he was at a t-10. But #1 may just mean all As. Maybe 5% of the class had all As and were tied for 1 don't know the details exactly, but it seems like most transfers to have near perfect grades. Most of the transfers come from T14s it seems. instantwonton Posts: 76 Joined: Mon Apr 25, 2011 9:30 pm Re: Yale 1Ls/2Ls/3Ls Taking Questions \uf15b by instantwonton \u00bb Mon Apr 25, 2011 9:36 pm In some of the guidebooks that was reading about law schools, they indicated that professors were hard to approach/reach outside of class. Have you found this to be true at all? Do you }nd that you are able to reach your professors outside of class? If you want to talk to them about something, are they willing to put in one-on-one time at all in your experience? \uf12a \uf10d kalessebo Posts: 25 Joined: Wed Apr 23, 2008 4:55 am Re: Yale 1Ls/2Ls/3Ls Taking Questions \uf15b by kalessebo \u00bb Tue Apr 26, 2011 1:18 am \uf10dinstantwonton wrote: In some of the guidebooks that was reading about law schools, they indicated that professors were hard to approach/reach outside of class. Have you found this to be true at all? Do you }nd that you are able to reach your professors outside of class? If you want to talk to them about something, are they willing to put in one-on-one time at all in your experience? In my experience (I'm a 2L), this is almost entirely false can't say entirely, since there are always exceptions, but I've found the vast majority of my professors to be about as welcoming as you could expect anyone to be couple of observations (in decreasing order of relevance): 1. Every single prof I've taken has had of}ce hours for at least a couple of hours a week, and every single one has been open to meeting at other times if that's what you want/need to do. 2. I've also had several offer to talk by phone over the weekend when there was an important deadline coming up (paper or clinic }ling due date, for example). 3 often drop in on a professor unannounced if have a pressing issue and happen to be in that part of the building, and I've never felt unwelcome. 4. I've had several profs who hold weekly lunches with students. 5. My small group professor literally looked sad that more people didn't go to his of}ce hours lot of of}ce hours time revolves around talking about paper topics (since we have to write two big papers to graduate). If you have an idea, profs are usually itching to help. If it's their area of expertise, I've found that most will offer to supervise without you even having to ask. If not, they're really helpful in }nding someone who can help. My paper supervisors make time outside of normal of}ce hours so we can chat for as long as we need to uninterrupted, and know others hold group workshops where several students writing a paper with a particular prof will get together with that prof to talk about/critique each other's papers. But it's not just about papers. My professors have generally been very open to talking about class material, giving professional advice, or chatting about nothing. (One of my }rst semester profs asked speci}cally that we come by to talk about \"anything but law school,\" since he wanted to get to know us all better.) Then there's the (what seem like) monthly soirees at the Chua/Rubenfeld house, but suppose that's for another post. \uf12a \uf10d 9/20/2020 Top Law Schools - Search 1/2 Active topics View your bookmarks, subscriptions, or posts \uf01cPrivate messages \uf015Board index \uf002 \uf104 Search these results Search found 2 matches \u2022 Page 1 of 1 Search found 2 matches: tiger dad Searched query: +tiger +dad Return to \u201cJudges who female or law clerks should avoid Home Law School Admissions Law School Student Forums Law School Class Forums Legal Employment Forums Legal Practice Forums Legal Advice Forums Legal Job Board Podcast Get Started \uf0c9Quick links ellewoods18 \u25bc \uf0f3Noti}cations \uf002 \uf013 by Anonymous User Wed Apr 05, 2017 5:46 pm Forum: Judicial Clerkships Topic: Judges who female or law clerks should avoid Replies: 232 Views: 27992 Re: Judges who female or law clerks should avoid \uf10dAnonymous User wrote: Ladies of, or considering attending, YLS: Unless you enjoy being hit on by a middle-aged, married man who wields power over your career, seriously stay away from Tiger Dad when he is drunk (which is surprisingly often). At least two of my friends were subject to his machinations. I'm told that each \"generation\" of women has had to learn this the hard way. I've heard similar from a friend who attended some years ago. Apparently \"Tiger Dad\" made both him and his girlfriend uncomfortable. Re: judges. The only thing I've heard about Kozinski is that his clerks work horrible hours. In terms of mentoring, he's said to be pretty decent. As for general advice re: clerking, pick a judge that shares at least some of your background and beliefs. If you're biglaw, pick someone who doesn't hate biglaw (there are judges that hate biglaw). If you are PI, pick someone who shares your social outlook. If you have work experience, pick a judge that values that. If you don't, pick a more experienced judge and someone who doesn't mind mentoring young clerks. 9/20/2020 Top Law Schools - Search 2/2 Search found 2 matches \u2022 Page 1 of 1 \uf104Return to \u201cJudges who female or law clerks should avoid\u201d \uf015Board index\u2022 \u2022 Law Firm Pro}les \u2022 Legal News \u2022 Diversity \u2022 Resources \u2022 Contact Us \u2022 Copyright Policy \u2022 Career Coaching Site Search \u00a9 Top Law Schools 2003-2020 all rights reserved \| Terms of Service \| Privacy Policy Privacy \| Terms \uf105 Jump to post Lastly, if you hate being an area, don't go there; no amount of telling yourself it'll just be for a few years will make it better. \uf105 by Anonymous User Wed Apr 05, 2017 12:44 am Forum: Judicial Clerkships Topic: Judges who female or law clerks should avoid Replies: 232 Views: 27992 Jump to post Re: Judges who female or law clerks should avoid Ladies of, or considering attending, YLS: Unless you enjoy being hit on by a middle-aged, married man who wields power over your career, seriously stay away from Tiger Dad when he is drunk (which is surprisingly often). At least two of my friends were subject to his machinations. I'm told that each \"generation\" of women has had to learn this the hard way. \uf160 \uf0dd Jump to \uf0dd \uf0c9", "8607_102.pdf": "Lawrance Hall is shown at Yale Law School in New Haven, Connecticut. Photograph: Staff/Reuters Yale University This article is more than 4 years old Prominent Yale law professor suspended after sexual harassment inquiry Jed Rubenfeld confirmed he had been suspended and faced further teaching restrictions following two-year investigation Stephanie Kirchgaessner Wed 26 Aug 2020 22.49 prominent law professor at Yale Law School who once argued that modern views about sexual consent encouraged people to think of themselves as sexual assault victims has been suspended for two years following an investigation by the university that he sexually harassed students. Jed Rubenfeld, who is married to Amy Chua, a fellow Yale law professor and bestselling author of the parenting guide Battle Hymn of the Tiger Mother, 2/21/25, 7:57 Prominent Yale law professor suspended after sexual harassment inquiry \| Yale University \| The Guardian 1/7 confirmed to the Guardian that he had been suspended and faced further restrictions on his teaching following a two-year internal investigation into his interactions with students. New York magazine first reported news of the suspension. Rubenfeld acknowledged that the Yale University investigation included an examination of claims that he inappropriately touched students, made harassing remarks, and attempted kissing. It also examined an allegation that he had once offered to drive students home while he was under the influence of alcohol spokesperson for Yale University declined to comment on the case. It would not confirm that Rubenfeld had been suspended, or the reason for his suspension. It declined to comment on the university\u2019s lack of transparency and declined to comment on whether students had been barred from speaking to the press about their experiences. One person who attended Yale Law who had previously and anonymously spoken about the inquiry to the Guardian said she could not discuss the matter. In an interview with the Guardian, Rubenfeld, whose faculty page has been removed, said he had made remarks and \u201cjokes\u201d in his 3o-year teaching career that he now regretted, but categorically denied he had every sexually harassed anyone \u201cverbally or otherwise\u201d and that he had never engaged in \u201cunwanted sexual touching or attempted kissing\u201d. He also denied ever having offered to drive a student home while he was intoxicated. \u201cIt is just false and outrageous and not true,\u201d he said of all the allegations. When he was asked by the Guardian if he had ever engaged in a sexual relationship with any Yale students, Rubenfeld denied that he had ever had sex with his own students. He declined to comment further. The news comes two years after Yale Law faced a backlash from students for its initial support of Brett Kavanaugh, the supreme court justice and Yale Law graduate who has faced multiple allegations of sexual assault. Kavanaugh denied the claims. The development is significant because of the role Rubenfeld and Chua \u2013 who have been described as a power couple on the Yale Law campus \u2013 have played at the university. 2/21/25, 7:57 Prominent Yale law professor suspended after sexual harassment inquiry \| Yale University \| The Guardian 2/7 In 2018, when the Guardian first reported news that Rubenfeld was facing an investigation into sexual harassment claims, sources who spoke anonymously said there was concern among some students that any attempt to complain or report allegations of Rubenfeld\u2019s inappropriate behavior could lead to retaliation by Rubenfeld or Chua. Chua previously served on a committee that helped students to secure highly sought-after clerkships with supreme court justices and other senior judges, including Kavanaugh, giving her a powerful role within the law school. In a statement to the Guardian, Chua said she could not comment on \u201cJed\u2019s issues\u201d and said her own role at Yale \u201cwas not raised at all in the course of the investigation about Jed. No one called me or questioned me, and don\u2019t believe anyone mentioned me in the proceedings.\u201d She added that she believed her classes were \u201camong the most popular at law school, especially for women and minorities\u201d and that she had been nominated for a Yale Law Women Teaching award in 2019. In 2018, the Guardian reported that Chua had privately told a group of law students a year earlier that it was \u201cnot an accident\u201d that Kavanaugh\u2019s female law clerks all \u201clooked like models\u201d. The Guardian also reported that Chua sometimes provided advice to students about their physical appearance if they wanted to work for Kavanaugh. Chua at the time denied making the statements. Rubenfeld and Chua\u2019s daughter served as a clerk for Kavanaugh about one year after Chua wrote a glowing op-ed about Kavanaugh in which she described him as a \u201cmentor to women\u201d in the Wall Street Journal. When asked whether she still helped secure clerkships for Yale students, Chua told the Guardian she had voluntarily given up the role. \u201cIt was actually a pleasure to step back \u2013 it was so much work! Especially because went to enormous lengths to help place students from state schools or marginalized backgrounds that many judges tended to overlook never wanted to be on the committee, but the dean at the time begged me to serve on it, again because had such success with historically unrepresented groups,\u201d she told the Guardian. Got a tip? Please email: [email protected] 2/21/25, 7:57 Prominent Yale law professor suspended after sexual harassment inquiry \| Yale University \| The Guardian 3/7 Most viewed 2/21/25, 7:57 Prominent Yale law professor suspended after sexual harassment inquiry \| Yale University \| The Guardian 4/7 2/21/25, 7:57 Prominent Yale law professor suspended after sexual harassment inquiry \| Yale University \| The Guardian 5/7 2/21/25, 7:57 Prominent Yale law professor suspended after sexual harassment inquiry \| Yale University \| The Guardian 6/7 2/21/25, 7:57 Prominent Yale law professor suspended after sexual harassment inquiry \| Yale University \| The Guardian 7/7", "8607_103.pdf": "Jed Rubenfeld Born 1959 (age 65\u201366) Washington, D.C., U.S. Education Princeton University (BA) Harvard University (JD) Notable work The Interpretation of Murder (2006) The Triple Package (2014) Spouse Amy Chua Children 2 Jed Rubenfeld Jed L. Rubenfeld (born 1959) is an American legal scholar and professor of law at Yale Law School.[1] From 2000 to 2020, he served as the Robert R. Slaughter Professor of Law at Yale University. Rubenfeld is an expert on constitutional law, privacy, and the First Amendment. Rubenfeld joined the Yale faculty in 1990 and was appointed to a full professorship in 1994. He has served as a United States representative at the Council of Europe[2] and has taught as a visiting professor at both the Stanford Law School and the Duke University School of Law.[3] He is also the author of two novels, including the million-copy bestseller, The Interpretation of Murder.[4] Rubenfeld was born to a Jewish family and raised in Washington, D.C.[5] His father was a psychotherapist and his mother was an art critic.[6] He graduated summa cum laude from Princeton University with a Bachelor of Arts in 1980. He also studied theater in the Drama Division of the Juilliard School between 1980 and 1982 and attended Harvard Law School from 1983 to 1986, graduating with a Juris Doctor, magna cum laude.[3][6][7][8] Rubenfeld clerked for Judge Joseph T. Sneed on the United States Court of Appeals for the Ninth Circuit in 1986\u20131987.[3] After his clerkship, he worked as an associate at Wachtell, Lipton, Rosen & Katz and as an assistant U.S. Attorney in the Southern District of New York.[3] Rubenfeld is the author of numerous publications and books, including Freedom and Time Theory of Constitutional Self-Government, Revolution by Judiciary, and most recently The Triple Package: How Three Unlikely Traits Explain the Rise and Fall of Cultural Groups in America, which he co- wrote with his wife Amy Chua, best known for her 2011 book Battle Hymn of the Tiger Mother. His scholarship has focused on American constitutional law with particular focus on the First Amendment, which he has articulated as codifying an \"anti-orthodoxy principle.\"[9] He has written widely cited articles defending a constitutional right to abortion, same-sex marriage,[10] strong Early life and education Career 2/21/25, 7:57 Jed Rubenfeld - Wikipedia of loyalty.-,Misconduct allegations%2C suspension%2C and reinstatement,Title investigato\u2026 1/5 protections against surveillance,[11] and the legality of affirmative action.[12] Rubenfeld's work has been praised by peers within the legal academy. Professor Akhil Amar has described him as \"the most gifted constitutional theorist (not to mention the most elegant legal writer) of his generation,\"[13] and the Law and Politics Book Review called Rubenfeld \"a leading contemporary thinker in constitutional interpretation whose ideas will help shape this field for some time.\"[14] More recently, Rubenfeld has become one of the country's leading scholars on the constitutional implications of social media censorship, arguing that government pressure combined with behind- the-scenes communications and concerted action can turn social media censorship into a First Amendment violation.[15][16][17][18] He has argued this theory in federal court, representing Children's Health Defense, a non-profit organization that publishes about supposed harms associated with vaccines, in a lawsuit against Facebook.[19][20] Rubenfeld has questioned the legality of the environmental, social, and corporate governance (ESG) practices of large asset managers, arguing that fiduciaries who prioritize social-impact investing may be violating their duty of loyalty.[21] Beginning in the summer of 2018, Rubenfeld was investigated by Yale Law School for allegations of sexual misconduct and inappropriate conduct, particularly towards female students, with the investigation being conducted by Title investigator Jenn Davis.[22] The school promised a thorough investigation of any potential faculty misconduct, also looking into reported misconduct by his wife, Amy Chua.[23] Rubenfeld and Chua denied all allegations.[23] Rubenfeld responded to the investigation in a statement to The Guardian, writing, \"For some years have contended with personal attacks and false allegations in reaction to my writing on difficult and controversial but important topics in the law have reason to suspect am now facing more of the same. While believe strongly that universities must conduct appropriate reviews of any allegations of misconduct am also deeply concerned about the intensifying challenges to the most basic values of due process and free, respectful academic expression and exchange at Yale and around the country. Nevertheless stand ready to engage with this process in the hope that it can be expeditiously concluded.\"[23] Rubenfeld has repeatedly denied the allegations against him, stating that he has \u201cnever sexually harassed anyone, whether verbally or otherwise.\u201d[24] In response to the investigation of Rubenfeld, the Yale Daily News quoted a former student saying \"It was not a surprise to basically any woman in my class that this investigation is going on,\" that some students were afraid to speak out against Rubenfeld and his wife because of their reputation for securing prestigious clerkships for law students, and that \"the idea of retaliation\" when it came to getting prestigious clerkships was \"very real.\"[25] In October 2020, some Yale Law students demanded that Rubenfeld be permanently removed from campus.[26] Rubenfeld was suspended from August 2020 through May 2022 following the investigation.[27] He resumed teaching in Fall of 2022.[28] Rubenfeld declined to answer whether he was being paid by Yale during suspension.[29] Misconduct allegations, suspension, and reinstatement 2/21/25, 7:57 Jed Rubenfeld - Wikipedia of loyalty.-,Misconduct allegations%2C suspension%2C and reinstatement,Title investigato\u2026 2/5 Rubenfeld resides in New Haven, Connecticut, and is married to Yale Law School professor Amy Chua, author of the books World on Fire: How Exporting Free Market Democracy Breeds Ethnic Hatred and Global Instability and Battle Hymn of the Tiger Mother.[30] The couple co-wrote The Triple Package: How Three Unlikely Traits Explain the Rise and Fall of Cultural Groups in America.[31] Rubenfeld and Chua have two daughters.[32] Freedom and Time Theory of Constitutional Self-Government (2001) Revolution by Judiciary: The Structure of American Constitutional Law (2005) The Interpretation of Murder (2006), his first novel,[33] was a number one bestseller in the United Kingdom, and sold over a million copies worldwide.[34] The Death Instinct (2010), his second novel, a mystery-thriller,[35] uses the 1920 Wall Street bombing as a key plot element.[36][37] The Triple Package: How Three Unlikely Traits Explain the Rise and Fall of Cultural Groups in America (2014) with Amy Chua 1. \"Jed Rubenfeld\" ( Yale Law School. Retrieved 2023-11-10. 2. European Commission for Democracy through Law 69th Plenary Session Meeting Report (https:// 3. \"Digital Collections\" ( gh&fname=/jiunkpe/s1/sing/2009/jiunkpe-ns-s1-2009-11403020-11526-jed_rubenfeld-appendices. pdf) (PDF). Petra Christian University Library. Archived ( 546/ iunkpe%2Fs1%2Fsing%2F2009%2Fjiunkpe-ns-s1-2009-11403020-11526-jed_rubenfeld-appendic es.pdf) (PDF) from the original on February 22, 2014. Retrieved May 9, 2012. 4. \"Jed Rubenfeld \u2013 The Death Instinct \u00ab Crime and Publishing\" ( 21093119/ Crimeandpublishing.com. Archived from the original ( d-rubenfeld-the-death-instinct/) on 2018-06-21. Retrieved 2012-05-09. 5. Weinstein, Jessica Jewish-Asian love affair\" ( an-love-affair-1.63377). The Jewish Chronicle. The Network. Retrieved 7 September 2019. 6. Szalai, Jennifer (January 29, 2014). \"Confessions of a Tiger Couple\" ( 14/02/02/magazine/confessions-of-a-tiger-couple.html). The New York Times. Retrieved April 2, 2014. 7. Austin, Sara L.; EdD. \"Jed Rubenfeld \| Academic Influence\" ( e/jed-rubenfeld). academicinfluence.com. Retrieved 2022-12-08. 8. \"Rubenfeld named to Law School's Slaughter chair\" ( 8.html). Yale Bulletin. Yale University. June 23, 2000. Retrieved 2025-02-09. Personal life Bibliography References 2/21/25, 7:57 Jed Rubenfeld - Wikipedia of loyalty.-,Misconduct allegations%2C suspension%2C and reinstatement,Title investigato\u2026 3/5 9. Rubenfeld, Jed (2000\u20132001). \"The First Amendment's Purpose\" ( e?handle=hein.journals/stflr53&id=785&div=&collection=). Stanford Law Review. 53 (4): 767\u2013832. doi:10.2307/1229492 ( 1229492 ( g/stable/1229492). 10. Rubenfeld, Jed (1989). \"The Right of Privacy\" ( Harvard Law Review. 102 (4): 737\u2013807. doi:10.2307/1341305 ( 0017-811X ( 1341305 ( org/stable/1341305). 11. Review, Stanford Law (3 April 2010). \"The End of Privacy\" ( t/article/the-end-of-privacy/). Stanford Law Review. Retrieved 2022-12-08. 12. Alexander, Larry (1998). \"Affirmative Action and Legislative Purpose: Jed Rubenfeld, \"Affirmative Action\", 107 Yale L.J. 427 (1997)\" ( The Yale Law Journal. 107 (8): 2679\u20132684. doi:10.2307/797356 ( 0044-0094 ( 797356 ( 6). 13. \"Revolution by Judiciary \u2014 Jed Rubenfeld\" ( 674017153). Retrieved 2022-12-08. 14. \"Rubenfeld Jed 1959- \| Encyclopedia.com\" ( zines/rubenfeld-jed-1959). Retrieved 2022-12-08. 15. \"Are Facebook and Google State Actors?\" ( -google-state-actors). Lawfare. 2019-11-04. Retrieved 2022-12-08. 16. \"If Facebook and Google Are State Actors, What's Next for Content Moderation?\" ( faremedia.org/article/if-facebook-and-google-are-state-actors-whats-next-content-moderation). Lawfare. 2019-11-12. Retrieved 2022-12-08. 17. Rubenfeld, Vivek Ramaswamy and Jed (11 January 2021). \"Opinion \| Save the Constitution From Big Tech\" ( Wall Street Journal. Retrieved 2022-12-08. 18. Rubenfeld, Vivek Ramaswamy and Jed (17 August 2022). \"Opinion \| Twitter Becomes a Tool of Government Censorship\" ( sors-alex-berenson-twitter-facebook-ban-covid-misinformation-first-amendment-psaki-murthy-secti on-230-antitrust-11660732095). Wall Street Journal. Retrieved 2022-12-08. 19. \"Lawsuit Claims Feds Directed Facebook to Censor Vaccine Misinformation\" ( usenews.com/lawsuit-claims-feds-directed-facebook-to-censor-vaccine-misinformation/). Retrieved 2022-12-08. 20. 21-16210 Children's Health Defense v. Meta Platforms, Inc. ( _EeIr0RkjM), retrieved 2022-12-08 21. Barr, Jed Rubenfeld and William P. (6 September 2022). \"Opinion Can't Square With Fiduciary Duty\" ( ard-state-stree-the-big-three-violations-china-conflict-of-interest-investors-11662496552). Wall Street Journal. Retrieved 2022-12-08. 22. Mystal, Elie (20 September 2018). \"Details On The Allegations Against, And Yale Law School Investigation Into, Professor Jed Rubenfeld\" ( gations-against-and-yale-law-school-investigation-into-professor-jed-rubenfeld/?rf=1). Above the Law. Retrieved 12 November 2018. 23. Kirchgaessner, Stephanie; Glenza, Jessica (September 20, 2018). \" 'No accident' Brett Kavanaugh's female law clerks 'looked like models', Yale professor told students\" ( guardian.com/us-news/2018/sep/20/brett-kavanaugh-supreme-court-yale-amy-chua). The Guardian. Retrieved September 20, 2018. 2/21/25, 7:57 Jed Rubenfeld - Wikipedia of loyalty.-,Misconduct allegations%2C suspension%2C and reinstatement,Title investigato\u2026 4/5 24. \"Yale Law Professor and Title Critic Suspended in Title Case \| Inside Higher Ed\" ( w.insidehighered.com/quicktakes/2020/08/28/yale-law-professor-and-title-ix-critic-suspended-title-i x-case). 28 August 2020. Retrieved 2022-12-08. 25. Prihar, Asha (October 26, 2018 alumni reflect on Rubenfeld allegations\" ( ws.com/blog/2018/10/26/yls-alumni-reflect-on-rubenfeld-allegations/). Yale News. Retrieved May 4, 2022. 26. Brown, Julia (October 12, 2020). \"Law students demand Rubenfeld's permanent removal, greater transparency\" ( anent-removal-greater-transparency/). yaledailynews.com. Retrieved 2020-10-12. 27. Carmon, Irin (2020-08-26). \"Yale Law Professor Jed Rubenfeld Suspended for Sexual Harassment\" ( r-sexual-harassment.html). Intelligencer. Retrieved 2022-12-08. 28. \"Courses \| Yale Law School Course Information and Selection Site\" ( ourses/term/28). courses.law.yale.edu. Retrieved 2022-12-08. 29. Zaveri, Mihir (2020-08-26). \"Yale Law Professor Is Suspended After Sexual Harassment Inquiry\" ( The New York Times 0362-4331 ( Retrieved 2022-12-08. 30. \"Interview with Amy Chua\" ( Interviews with Max Raskin. Retrieved 2024-11-26. 31. Cochrane, Kira (7 February 2014). \"The truth about the Tiger Mother's family\" ( rdian.com/lifeandstyle/2014/feb/07/truth-about-tiger-mothers-family-amy-chua). theguardian.com. 32. Chua, Amy (January 8, 2011). \"Why Chinese Mothers Are Superior\" ( SB10001424052748704111504576059713528698754). Wall Street Journal. 33. Maslin, Janet (2006-08-31 New York Murder Mystery With Freud at the Center\" ( ytimes.com/2006/08/31/books/31masl.html). The New York Times 0362-4331 ( h.worldcat.org/issn/0362-4331). Retrieved 2022-12-08. 34. \"Jed Rubenfeld \u2013 The Death Instinct \u00ab Crime and Publishing\" ( 21093119/ Crimeandpublishing.com. Archived from the original ( d-rubenfeld-the-death-instinct/) on 2018-06-21. Retrieved 2012-05-09. 35. Meadows, Susannah (February 2, 2011). \"Brimming With Clues That Are Hard to Link\" ( w.nytimes.com/2011/02/03/books/03book.html). The New York Times. 36. Stern, Seth (February 23, 2011). \"Book review: 'The Death Instinct' by Jed Rubenfeld\" ( w.washingtonpost.com/wp-dyn/content/article/2011/02/22/AR2011022206815.html). The Washington Post. 37. Rubenfeld, Jed (2010). The Death Instinct. Headline Review 978-0755343997. Appearances ( on Retrieved from \" External links 2/21/25, 7:57 Jed Rubenfeld - Wikipedia of loyalty.-,Misconduct allegations%2C suspension%2C and reinstatement,Title investigato\u2026 5/5", "8607_104.pdf": ". 2 6 , 2 0 2 0 By Irin Carmon, a features writer at New York Magazine Yale Law Professor Jed Rubenfeld Has Been Suspended for Sexual Harassment 2/21/25, 7:58 Yale Professor Jed Rubenfeld Suspended for Sexual Harassment 1/12 Jed Rubenfeld Photo: Rob Latour/Shutterstock On Monday morning, members of the Yale Law School faculty received a terse message from their provost informing them that Professor Jed Rubenfeld \u201cwill leave his position as a member of the faculty for a two-year period, effective immediately,\u201d and that upon his return, Rubenfeld would be barred from teaching \u201csmall group or required courses. He will be restricted in social gatherings with students.\u201d As of Tuesday morning, he was no longer listed on the Yale Law faculty site. 2/21/25, 7:58 Yale Professor Jed Rubenfeld Suspended for Sexual Harassment 2/12 Three people familiar with the investigation that led to Rubenfeld\u2019s suspension said it stemmed from the university finding a pattern of sexual harassment of several students. The allegations, which spanned decades, included verbal harassment, unwanted touching, and attempted kissing, both in the classroom and at parties at Rubenfeld\u2019s home. In a phone conversation Tuesday, Rubenfeld told me absolutely, unequivocally, 100 percent deny that ever sexually harassed anyone, whether verbally or otherwise. Yes, I\u2019ve said stupid things that regret over the course of my 30 years as professor, and no professor who\u2019s taught as long as have that know doesn\u2019t have things that they regret that they said.\u201d He added, \u201cIronically have written about the unreliability of the campus Title procedures never expected to go through one of them myself.\u201d In 2014, for example, Rubenfeld wrote an op-ed for the New York Times that said that the university that puts in place affirmative-consent standards \u201cencourages people to think of themselves as sexual assault victims when there was no assault\u201d and that it is \u201cillogical\u201d to claim \u201cintercourse with someone \u2018under the influence\u2019 of alcohol is always rape.\u201d Rubenfeld said Tuesday think subsequent to me having written some controversial articles about sexual assault, that became a target of people making false allegations against me.\u201d Who was making these false allegations, exactly don\u2019t know,\u201d Rubenfeld said, \u201cbecause of confidentiality. Identities were not revealed to me.\u201d That\u2019s not true, according to Yale\u2019s stated policies \u2014 and one of the complainants. \u201cLicense to write about sexual harassment is not license to sexually harass,\u201d she told me reported because was sexually harassed. Now he\u2019s being dishonest about even this aspect of the Title process. For example, as Yale\u2019s policy requires identified myself to him had to, and did so at considerable risk given his influence in the legal community spokesperson for Yale declined to comment. In a message to \u201cmembers of the Yale Law School Community\u201d on Wednesday morning, Dean Heather Gerken wrote, \u201cWhile we cannot comment on the existence of investigations or complaints, the Law School and the University thoroughly investigate all complaints regarding violations of University rules and the University adjudicates them whenever it is appropriate to do so.\u201d She added, \u201cAs Dean take this responsibility extraordinarily seriously.\u201d Multiple women told me that a whisper network about Rubenfeld operated on campus, and that as law-school students, they were warned by peers to be careful around him. One said she was 2/21/25, 7:58 Yale Professor Jed Rubenfeld Suspended for Sexual Harassment 3/12 3 4 told by a male alum, \u201cYou\u2019ve not scraped the bottom of the barrel when it comes to Rubenfeld\u2019s behavior. Stay away.\u201d Rubenfeld is married to fellow Yale Law professor Amy Chua, author of Battle Hymn of the Tiger Mother, and both wield power in the high-stakes race for judicial clerkships. In the summer of 2018, it was Chua who took to the pages of the Wall Street Journal to vouch for then\u2013Supreme Court nominee Brett Kavanaugh as a \u201cmentor for young lawyers, particularly women.\u201d (That was before allegations of sexual assault against Kavanaugh were made public.) The op-ed noted that the couple\u2019s daughter had been about to clerk for Kavanaugh on the appeals court, and a year later, the Supreme Court acknowledged Sophia Chua-Rubenfeld would clerk for Justice Kavanaugh on the Court instead. The Guardian first reported on the existence of the investigation into Rubenfeld\u2019s conduct in the fall of 2018. He told the paper that he hadn\u2019t been informed of the specifics but that he had been \u201cadvised that the allegations were not of the kind that would jeopardize my position as a long- tenured member of the faculty.\u201d Female students also said that Rubenfeld and Chua discussed with students hoping to work for Kavanaugh the importance of their physical appearance. Chua denied telling students that Kavanaugh preferred attractive female clerks or coaching them on how to dress in \u201coutgoing\u201d fashion for interviews, though a Slate story subsequently reported it had \u201cconfirmed the Guardian\u2019s reporting with students who were present at the time.\u201d 2/21/25, 7:58 Yale Professor Jed Rubenfeld Suspended for Sexual Harassment 4/12 5:37 On Line to See Luigi Mangione By Read More 00:00 02:00 2/21/25, 7:58 Yale Professor Jed Rubenfeld Suspended for Sexual Harassment 5/12 1. 2. 3. 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And now it has two Oscars nominations. 2/18/2025 Wokeness Is Not to Blame for Trump By How a misdiagnosis of the 2024 election has calcified into self-defeating conventional wisdom. 2/21/25, 7:58 Yale Professor Jed Rubenfeld Suspended for Sexual Harassment 11/12 . \u00a9 2 0 2 5 . 2/21/25, 7:58 Yale Professor Jed Rubenfeld Suspended for Sexual Harassment 12/12", "8607_105.pdf": "Former Students Detail Alleged Sexual Harassment from Suspended Yale Law Professor Jed Rubenfeld felt very agitated at the time,\" said one former student about alleged sexual harassment from the powerful, well-connected faculty member, who denied the allegations By \| Published on June 17, 2021 11:42AM Benjamin VanHoose Advertisement Ad i 2/21/25, 7:58 Yale Law Student Details Alleged Sexual Harassment from Professor 1/9 Jed Rubenfeld Former students of disgraced Yale Law professor Jed Rubenfeld are recounting alleged sexual harassment they faced before he was suspended from the school. Last fall, 62-year-old Rubenfeld was issued a two-year suspension from the Yale faculty with restrictions put in place when he returns on how he'll be allowed to interact with students. Rubenfeld has been a well-known leading professor at Yale, and along with his wife Amy Chua, author of the controversial 2011 memoir Battle Hymn of the Tiger Mother. The suspension came after a Title investigation into sexual harassment claims from multiple former students, some of whom speak out anonymously in a recent New York magazine piece. In August, Rubenfeld spoke to The New York Times, denying any sexual harassment and touching anyone without consent. He said have been teaching for 30 years have made jokes and comments that would not make today and wish had not made. This may have made students uncomfortable respect students for coming forward if it did 2/21/25, 7:58 Yale Law Student Details Alleged Sexual Harassment from Professor 2/9 \"But,\" added Rubenfeld never sexually harassed anybody. That's a completely different thing.\" In the New York article, one student recalled Rubenfeld asking invasive questions about rape, in the context of writing an op-ed on the subject from a law perspective felt very agitated at the time. The fact that he was questioning things like, 'Does sexual assault happen in the ways in which it is reported?'\" she told the magazine, adding that many students felt obligated to play along and become close with the well-connected faculty. The student said she thought the discussion on sexual assault \"was good faith on his part\" even though it bothered her, though she no longer gave him the benefit of the doubt in October 2014, when he allegedly attempted to kiss her while drunk at a party hosted at his house. \"The basis of my Title complaint is that he tried to kiss me. At that point figured out that it wasn't theoretical,\" she said 2/21/25, 7:58 Yale Law Student Details Alleged Sexual Harassment from Professor 3/9 Amy Chua and Jed Rubenfeld in 2019 Never miss a story \u2014 sign up for PEOPLE's free daily newsletter to stay up-to-date on the best of what has to offer, from juicy celebrity news to compelling human interest stories. Another student who also served as a teaching assistant to Rubenfeld said that he once asked her in a one-on-one setting why she wasn't married, and allegedly told her \"it must have been tough with the boys, being a smart girl.\" At another event, he allegedly put his arm around her waist. One former student explained to New York why she agreed to give a statement about the sexual harassment claims defend people who are accused of sex crimes. At the end of the day, it comes down to the fact that his liberty is not at stake. We're not talking about anyone going to jail. We are talking about his ability to wield power over people.\" Amy Chua and Jed Rubenfeld 2/21/25, 7:58 Yale Law Student Details Alleged Sexual Harassment from Professor 4/9 Related Articles Temple University Student Arrested, Suspended After Impersonating Agent By Charna Flam In October, the Yale Law Women Board called on the university to \"permanently remove Jed Rubenfeld from campus and release information regarding the nature of the allegations and findings of the investigation.\" According to the Yale Daily News, the university's president, Peter Salovey, responded to the group leaders in a November email, though they said he did not \"meaningfully addresses the serious concerns\" or specifically address Rubenfeld's case. Rubenfeld declined to be interviewed for the New York article. Chua, 58, however, spoke to the magazine, saying at one point don't think can get him to talk. We just live our own lives think it's just his choice.\" In August, though, Rubenfeld told the outlet that he \"absolutely, unequivocally\" denies sexually harassing anyone. He claimed at the time that he was being targeted think subsequent to me having written some controversial articles about sexual assault that became a target of people making false allegations against me.\" If you or someone you know has been sexually assaulted, please contact the National Sexual Assault Hotline at 1-800-656 (4673) or go to rainn.org 2/21/25, 7:58 Yale Law Student Details Alleged Sexual Harassment from Professor 5/9 Blake Lively's Publicist Asks to Be Removed from Lawsuit, Defends Actress Against Justin Baldoni's 'Sexist' Claims By Benjamin VanHoose and Elizabeth Rosner Justin Baldoni's Former Agency Urges Him to 'Just Stop' Going After Blake Lively: 'Let the Process Play Itself Out' By Tommy McArdle and Elizabeth Rosner Blake Lively Subpoenas Justin Baldoni\u2019s Phone Records to \u2018Expose\u2019 Alleged Smear Campaign By Daniel S. Levine and Elizabeth Rosner Blake Lively and Ryan Reynolds Are 'Good People,' Says Agency Head Who 'Fired' Justin Baldoni Am a Ride-or-Die' By Rachel Raposas and Elizabeth Rosner Blake Lively Faces $7M Defamation Lawsuit from Crisis Publicist She Claims 'Weaponized a Digital Army' Against Her By Jen Juneau Justin Baldoni's Lawyer Calls Blake Lively's Subpoena for Actor's Phone Records a 'Massive Fishing Expedition' By Jen Juneau and Elizabeth Rosner 2/21/25, 7:58 Yale Law Student Details Alleged Sexual Harassment from Professor 6/9 Blake Lively Called Justin Baldoni a 'Creep' in Text to Friend While Filming IEWU: 'It's Like Nuts Today' By Benjamin VanHoose Diddy Claims Law Used to Prosecute Him Has 'Racist Origins,' Seeks Dismissal of Charge: 'Singled Out' By Liam Quinn The Blake Lively and Justin Baldoni Lawsuits, Explained Complete Breakdown of the Allegations, Key Players and Who's Said What By Rebecca Aizin Blake Lively Allegedly 'Ballooned' It Ends With Us Budget by Over $430K with Her Costume Changes: Lawsuit By Benjamin VanHoose Blake Lively 'Knows It Will Be a Long Year' with Justin Baldoni Lawsuit: How She's Getting Through It (Exclusive Source) By Tommy McArdle 2/21/25, 7:58 Yale Law Student Details Alleged Sexual Harassment from Professor 7/9 Follow Us Complete Timeline of Blake Lively and Justin Baldoni's Feud (Including the Latest in their Legal Battle) By Rebecca Aizin Jay Felt He Had a 'Gun to His Head' After Rape Lawsuit Was Filed on Night of Daughter Blue Ivy's Lion King Premiere By Elizabeth Rosner and Charlotte Phillipp Blake Lively's Amended Complaint Claims Justin Baldoni Made Other Women 'Uncomfortable' on Set, Can Corroborate By Benjamin VanHoose and Elizabeth Rosner Kanye West Called Himself 'Hitler,' Made Abusive and Sexist Remarks, Ex Yeezy Employee Alleges in New Lawsuit By Ilana Kaplan and Charmaine Patterson 2/21/25, 7:58 Yale Law Student Details Alleged Sexual Harassment from Professor 8/9 About Us Tested Editorial Policy Careers Privacy Policy Contact Us Terms of Service Advertise is part of the Dotdash Meredith publishing family 2/21/25, 7:58 Yale Law Student Details Alleged Sexual Harassment from Professor 9/9", "8607_106.pdf": "Since Rubenfeld\u2019s suspension: Yale Law Women and Title Working Group advocate for increased transparency and justice In the fall of 2018, Yale Law School Professor Jed Rubenfeld was slammed with allegations of sexual harassment and misconduct. How have student groups and the University administration responded in the aftermath? \| 6:04 22, 2023 - 1 9 \uf002 2/21/25, 7:58 Since Rubenfeld's suspension: Yale Law Women and Title Working Group advocate for increased transparency and justice \u2026 1/7 Ryan Chiao, Senior Photographer Content Warning: This article contains references to sexual violence is available to all members of the Yale community who are dealing with sexual misconduct of any kind, including sexual assault, sexual harassment, stalking, intimate partner violence and more. Counselors are available any time, day or night, at the 24/7 hotline: (203) 432-2000. Yale Law School professor Jed Rubenfeld was publicly accused of a pattern of inappropriate behavior and sexual misconduct in October 2018. Student allegations ranged from verbal harassment to unwanted touching and attempted kissing both inside the classroom and at his home. 2/21/25, 7:58 Since Rubenfeld's suspension: Yale Law Women and Title Working Group advocate for increased transparency and justice \u2026 2/7 For two years, it seemed that the University took no action until students received news about the findings of an internal investigation in August 2020. That investigation resulted in Rubenfeld\u2019s suspension until 2022. Details around the suspension were never formally announced to the Law School community, sparking demands for greater transparency among students and faculty. \u201cIt was not a surprise to basically any woman in my class that this investigation is going on,\u201d said Grace Kao \u201915 in an interview with the News in 2018. In a 2020 message to the Yale Law School community, Yale Law School Dean Heather Gerken stated that she was unable to comment on the existence of misconduct allegations but that the University addresses all matters of misconduct \u201cthoroughly.\u201d Rubenfeld, alongside his wife, professor Amy Chua, had come under national scrutiny prior to the misconduct allegations. In September 2018, The Guardian reported that the couple allegedly told female students that they should \u201clook and dress\u201d a certain way to attain a clerkship for Brett Kavanaugh \u201987 \u201990, advising them that Kavanaugh preferred to select female candidates based on their attractiveness have made jokes and comments that would not make today and wish had not made,\u201d Rubenfeld told The New York Times in August 2020. \u201cThis may have made students uncomfortable respect students for coming forward if it did \u2026 But never sexually harassed anybody. That\u2019s a completely different thing.\u201d In an email to the News in November 2020, Rubenfeld wrote that he \u201ccategorically and unequivocally\u201d denies the allegations made against him. 2/21/25, 7:58 Since Rubenfeld's suspension: Yale Law Women and Title Working Group advocate for increased transparency and justice \u2026 3/7 Yale Law Women and Yale Law School Title Working Group\u2019s joint report Yale Law Women, a student organization at the Law School now known as Yale Law Women+, and the Law School\u2019s Title Working Group jointly released a report on Rubenfeld\u2019s case in October 2020. The first section of the report, penned solely by the Yale Law Women Board of 2020-2021, directly addresses University President Peter Salovey, demanding him to permanently remove Rubenfeld and release information regarding the allegations and findings of Yale\u2019s internal investigation. \u201cWhen Jed Rubenfeld is allowed to return to and resume teaching, in just two years, he will still be dangerous,\u201d reads the report. \u201cThere is no reason to believe there will be any change in his behavior \u2014 the only change will be that all the students who are aware of his transgressions will have graduated, thereby impairing institutional memory. We do not want Jed Rubenfeld to prey on a new generation of students.\u201d As of fall 2022, Jed Rubenfeld has resumed teaching at the Yale Law School, instructing the classes \u201cAdvanced Constitutional Law\u201d and \u201cAdvanced Constitutional Law: Directed Research.\u201d The second section of the report provides a timeline of Rubenfeld\u2019s allegations, tracing them through publicly accessible sources such as news articles and online posts. The report notes \u201cmonthly soir\u00e9es\u201d and drinking parties hosted by Rubenfeld and his wife, Law School professor Amy Chua, at which students allegedly experienced uncomfortable and coercive interactions and behavior. This timeline cites forum posts and jokes made during Yale Revue \u2014 a yearly Yale Law student-produced comedy show \u2014 2/21/25, 7:58 Since Rubenfeld's suspension: Yale Law Women and Title Working Group advocate for increased transparency and justice \u2026 4/7 performances, which imply that the Law School community was aware of Rubenfeld\u2019s \u201cmildly inappropriate behavior.\u201d The report also points to a 2017 anonymous Top Law Schools forum post that warned Yale Law School students to keep their distance from Rubenfeld \u201cunless you enjoy being hit on by a middle-aged, married man who wields power over your career.\u201d These sentiments were also echoed in Slate\u2019s 2018 coverage, which detailed how Rubenfeld and Chua\u2019s influence in helping students attain career-advancing, competitive clerkship positions and deterred or hindered alleged victims\u2019 decision to report Rubenfeld\u2019s behavior. The final section of the report highlights three broad recommendations for improving the University\u2019s response to misconduct. According to the report, these suggested changes would be feasibly enforced in the wake of the Trump administration\u2019s changes to Title policy, which allow plaintiffs to be cross-examined and redefines sexual harassment as a series of actions that are \u201csevere, pervasive, and objectively offensive.\u201d The first recommendation calls for an updated reporting system, where students would be able to anonymously file records of misconduct and be alerted if other reports had been made against the same offender. The report also demanded that the University- Wide Committee on Sexual Misconduct, or UWC, which investigates and adjudicates allegations of sexual misconduct under the University\u2019s Title Office, and the hearing panel release a \u201ccommunity impact statement\u201d after any internal investigation found evidence of misconduct. Within the statement, the would have to explain how the resulting disciplinary action would protect the Yale community and why and how they chose to disclose certain information about cases. Currently, the hearing panel must only provide a written decision report of its 2/21/25, 7:58 Since Rubenfeld's suspension: Yale Law Women and Title Working Group advocate for increased transparency and justice \u2026 5/7 findings, remedies and penalties to the parties involved and is not publicly released. The report also urged the University to provide pro-bono legal representation to all student claimants and student respondents involved in a investigation. The two student groups advocated that, as the Title process increasingly resembles a legal proceeding, it is imperative that the University help students obtain legal services free of charge. They went on to note that Yale was an outlier among its peer institutions for failing to do so. The University and the Law School respond Chairs Mark Solomon and University Title Coordinator Stephanie Spangler informed student groups that their demands for pro-bono legal representation would not be met. In an email to the groups, Solomon and Spangler explained that the could instead refer students to a panel of advisors,\u201d two of whom had legal training. In an email to the News from October 2020, University Spokeswoman Karen Peart wrote that this advisor system has \u201cworked well\u201d in the past and that students could also reach out to supportive bodies such as the Title Coordinators Center counselors and Yale Police. Salovey responded to the leaders of Yale Law Women and the Title Working Group in a Nov. 3 email, one month after receiving the report. While Salovey addressed general concerns about the University\u2019s management of misconduct allegations, the email did not provide specific information about Rubenfeld\u2019s case nor did it respond to the recommendations outlined in the report. Instead, Salovey\u2019s email doubled down on Yale\u2019s policies, stating that while \u201cthere are merits to transparency\u2026, [the] University also places a high priority on maintaining confidentiality in these cases.\u201d The News reported that in the aftermath of the Rubenfeld investigation, Yale Law professor George Priest \u201969, alongside a 2/21/25, 7:58 Since Rubenfeld's suspension: Yale Law Women and Title Working Group advocate for increased transparency and justice \u2026 6/7 host of students and faculty, urged the University to rethink its policies to better support complainants think the administration is doing everything in its power, but it does abide by University regulations,\u201d Priest said think these privacy restrictions are certainly designed to protect complainants, and that\u2019s fine, but it shouldn\u2019t be protecting perpetrators. Change the rules, Yale University and Yale Law School ought to be on the vanguard of changing these rules to protect victims and not perpetrators.\u201d The is composed of faculty, senior administrators and graduate and professional students throughout the University 2025 2/21/25, 7:58 Since Rubenfeld's suspension: Yale Law Women and Title Working Group advocate for increased transparency and justice \u2026 7/7", "8607_107.pdf": "2020 Report on Sexual Harassment at Yale Case Study on Jed Rubenfeld Dear President Salovey, We are writing today in the aftermath of the investigation into Jed Rubenfeld\u2019s misconduct to urge Yale University to permanently suspend Jed Rubenfeld, release the findings of the investigation to the extent legally possible, and make critical changes in the University Wide Committee (UWC) Title Process. Jed Rubenfeld\u2019s unacceptable behavior is alleged to have happened at for at least twenty years, with accusations ranging from sex with students to forcible kissing and groping. The first section of our report chronicles the documented history of Jed Rubenfeld\u2019s case based on publicly available information, including news articles, online posts, course catalogues, and recordings of student performances. Our study of Jed Rubenfeld\u2019s case has uncovered critical problems in the process. The changes we recommend today can be adopted by the University without violating federal or state law or contravening the recent Trump Administration rule changes to Title IX. First, we ask that the University adopt a system for tracking anonymous reports that will allow survivors to file an anonymous record of misconduct and be notified when other reports are filed for the same offender. Second, we reiterate our earlier advocacy asking the university to provide pro bono legal representation to all student-claimants and student-respondents in the process, despite the university\u2019s recent rejection of our request. Third, we ask that the adopt a new framework for determining the result of an investigation that explicitly considers the safety of the broader Yale community. 2/21/25, 7:58 Title Advocacy \u2013 YLW+ 1/3 Particularly in the case of Jed Rubenfeld, we ask that the University permanently remove Jed Rubenfeld from campus and release information regarding the nature of the allegations and findings of the investigation. When Jed Rubenfeld is allowed to return to and resume teaching, in just two years, he will still be dangerous. There is no reason to believe there will be any change in his behavior\u2014 the only change will be that all the students who are aware of his transgressions will have graduated, thereby impairing institutional memory. We do not want Jed Rubenfeld to prey on a new generation of students. We urge the University to permanently remove dangerous faculty from campus and make changes to the process that will support future survivors. In solidarity, Yale Law Women Board, 2020-21 Report on Sexual Harassment COVERAGE: 2/21/25, 7:58 Title Advocacy \u2013 YLW+ 2/3 Law students demand Rubenfeld\u2019s permanent removal, greater transparency Students from two groups at the Yale Law School \u2013\u2013 Yale Law Women and the Title Working Group \u2013\u2013 jointly released a report on \u2026 Continue reading 0 Yale Daily News change-for-yale-university-title-ix-policies 2/21/25, 7:58 Title Advocacy \u2013 YLW+ 3/3"}
7,935	Emri Seli	Yale University	[ "7935_101.pdf", "7935_101.pdf" ]	{"7935_101.pdf": "1 UYAR, : Plaintiff NO. : 3:16-CV-00186 (VLB) v. : : March 31, 2018 and UNIVERSITY, : Defendants [DKT. NO. 62 [DKT. NO. 63] I. Introduction Now before the Court are Defendants Emri Seli\u2019s (\u201cSeli\u201d) and Yale University\u2019s (\u201cYale\u201d) motions for summary judgment as to all pending claims. Plaintiff Asli Uyar brings this case under Title of the Civil Rights Act of 1964, 42 U.S.C. \u00a7 2000e, et seq., alleging that Yale is vicariously liable for sexual harassment perpetrated by Seli. Plaintiff also initially raised claims for Title retaliation and common law negligent supervision against Yale and defamation and invasion of privacy against Seli. However, she has not opposed summary judgment on any of these claims. Consequently, the Court Seli\u2019s Motion for Summary Judgment in full, and Yale\u2019s Motion for Summary Judgment as to the retaliation and negligent supervision claims. For the reasons that follow, the Court Yale\u2019s motion as to Plaintiff\u2019s sexual harassment claims. Case 3:16-cv-00186 Document 80 Filed 04/01/18 Page 1 of 27 2 II. Facts A. Background Plaintiff is a Turkish national with a Ph.D. in computer science. [Dkt. No. 41 \u00b6\u00b6 4-5]. Seli is a Professor of Obstetrics and Gynecology and Reproductive Sciences at the Yale School of Medicine. Id. \u00b6 7. Plaintiff first met Seli in Turkey where they discussed possible post-doctoral opportunities for Plaintiff. [Pl. Dep. at 50-51]. Plaintiff joined Yale on August 17, 2011 as a Post-Doctoral Fellow in Seli\u2019s laboratory, and she was granted a visa to work in the United States in this position. [Def. Exh. B; Def. Exh at 000283-84; Def. Exh. E]. In 2013, Plaintiff received a second one-year appointment from Yale as a Post-Doctoral Associate, with a salary of $46,686.70. [Def. Exh. E; Def. Exh. F]. While Plaintiff\u2019s position was initially funded by a grant from an organization in Turkey, by 2013-2014, Plaintiff\u2019s position was entirely funded by grants obtained and controlled by Seli. [Pl. Exh at 4]. Seli had complete discretion to hire a post-doctoral researcher and also decided whether to renew a post-doctoral researcher\u2019s position. [Taylor Dep. at 32-34]. In her roles as a Post-Doctoral Fellow and Post-Doctoral Associate, Plaintiff performed bioinformatics research in the area of early embryo genetics in Seli\u2019s laboratory. [Def. Exh at 000283-84; Dkt. No. 41 \u00b6 6]. Seli was Plaintiff\u2019s Principal Investigator, but her field of study was distinct from his, and she worked largely unsupervised. [Pl. Dep. at 99, 177; Seli Dep. at 18-23]. Seli was physically present in his lab very rarely as he had both teaching and clinical responsibilities for which he was responsible. [Pl. Dep. at 86-87; Seli Dep. at 10]. Case 3:16-cv-00186 Document 80 Filed 04/01/18 Page 2 of 27 3 B. Plaintiff\u2019s Relationship with Seli In the summer of 2012, Plaintiff and Seli began a sexual relationship that lasted nearly two years. [Pl. Dep. at 25]. Plaintiff has described the relationship as consensual and romantic, and frequently told Seli that she loved him. [Pl. Dep. at 25-26, 48-49; 55-57, 128-29; Def. Exh. G. at MSG000007, 16-17, 18-19, 21, 24-25, 28-35, 37, 40, 43, 46-47, 50-51, 53, 61, 63, 68-71, 73-74, 76, 80, 85, 89, 92-93, 97, 99, 121, 123-26, 128, 130-32, 134, 137-38, 144, 146-49, 151, 153-54, 157, 159, 161, 172, 174-76, 179-81, 183-89]. Plaintiff attempted to end the relationship a few times. However, Plaintiff maintains that at multiple points during her relationship, Seli told her that if she tried to end the relationship \u201cit wouldn\u2019t be possible for both of us to work at Yale.\u201d [Pl. Dep. at 19; see also, Pl. Dep. at 55, 189]. While Seli did not tell her that he would fire her if she did not have a relationship with her, he did tell her that \u201cone of us has to leave Yale if someone learns about [the affair].\u201d [Pl. Dep. at 55]. Plaintiff understood that by this Seli meant that Plaintiff would be the one to leave Yale. Id. Text messages between Seli and Plaintiff suggest that Seli was unwilling to allow the relationship to lapse. For example, in November 2013, Seli wrote to Plaintiff called you but could not reach you was expecting you to be with me today am writing you in \u2018bottomed out\u2019 condition.\u201d [Pl. Exh at Plaintiff000229]. Plaintiff did not respond to this message. Several hours later the following exchange took place: Seli: Would you like to go to Turkish Restaurant with me and Elnur? Plaintiff: Why? No would not. Case 3:16-cv-00186 Document 80 Filed 04/01/18 Page 3 of 27 4 Seli: We have to be together Plaintiff: Does Elnur have to be with us too don\u2019t get [it]? Seli: He does not have to thought he could make the situation normal, lower the probability of us crying. It does not have to be Elnur. It can be anyone else. Or it can be only you and me. Or we can go to a movie theater. The only condition don\u2019t want to talk about anything serious. Plaintiff appreciate your effort am not willing to be in a normal situation now. Seli: No need to appreciate am doing this only for myself, as you want. Can we do something together? Plaintiff think you are really confused and cannot think properly. Would you like to think without getting together for a while? Would be better. Seli think you don\u2019t get the situation am suffering physically (not only emotionally feel deprived like a drug addict. Anyhow we won\u2019t be able to get together for a while (at least 2 weeks). But let it be as you wish. On the other hand suggest we meet on Saturday. Seli: My thoughts were all around the place. It would have been rejected if that was a grant YOU. Plaintiff: That is what am saying, let\u2019s think of it like a grant and define specific aims \uf04a Plaintiff: You need to think in a structured way. Seli don\u2019t have to do everything you ask me to do \uf04a Plaintiff: As long as we are together have to do everything you want me to do. [Pl. Exh at Plaintiff000229-31 few days after this conversation, Seli wrote to Plaintiff would like to see you a lot will be in the office.\u201d Id. at Plaintiff000233. Plaintiff responded, \u201cIt might not be good to see each other.\u201d Id. Seli responded, \u201cYou are right. But staying away did not work either.\u201d Id. In Case 3:16-cv-00186 Document 80 Filed 04/01/18 Page 4 of 27 5 March 2014, Plaintiff told Seli that she wanted to end the relationship. Seli responded, \u201cWhat does it mean it is over? . . . Have you gone insane turned the world upside down in the past 10 days so everything could go as we planned love you so so much. And it is not possible for me to be without you. Nothing is over for me and nothing will end.\u201d Id. at Plaintiff000318. Seli also got upset with Seli if she did not answer his calls. For example, the following exchange took place on November 22, 2013: Seli: Hi. You have been more unreachable than expected tonight am a bit upset. Good night. Plaintiff don\u2019t understand what you mean but good night. Seli: It bothered me deeply that you did not have a desire to communicate with me all night long. You were not online on Skype either. . . . . Seli was jealous. You were offline on Skype all night . . . . Why were you offline on Skype thought you don\u2019t want me to reach you and got upset. Id. at Plaintiff000242. Similarly, on December 26, 2013, Seli wrote to Plaintiff was hoping to talk to you but could not. Maybe tomorrow hope everything is ok about us. Don\u2019t upset me.\u201d Id. at Plaintiff000270. On May 31, 2014, Seli\u2019s wife, Dr. Meltem Seli, discovered Plaintiff\u2019s relationship with Seli when she saw WhatsApp messages from Plaintiff to Seli. [Pl. Dep. at 132, 134; Def. Exh at 3]. Seli told Plaintiff about his wife\u2019s discovery in the following WhatsApp message exchange: Seli: Meltem saw the messages which we sent in the morning (we) have hard days ahead. It is not a simple issue to talk on the phone am trying to get my head together miss you so much. Plaintiff am sorry don\u2019t know what to say. Case 3:16-cv-00186 Document 80 Filed 04/01/18 Page 5 of 27 6 Seli am worried. She will give a harsh and serious reaction. It will also impact our professional life am not thinking of anything for now. Instead, I\u2019ll drink a cup of tea. Seli: [My son] has many exams in this year and have to study with him don\u2019t have time for the grant. Plaintiff: What did you say to her? Plaintiff can call you if you want? Seli said that we were so close and you were [precious] to me. Plaintiff: Are you available to talk right now? Seli: Yes. [Def. Exh at MSG000194-05]. Following his wife\u2019s discovery of the affair, Seli ended his relationship with Plaintiff. [Pl. Dep. at 51, 128-29; Def. Exh at 3]. After June 1, 2014, Plaintiff never received \u201can explicit invitation to engage in intimate relations with Seli. [Pl. Dep. at 52]. Plaintiff did not submit to or reject a sexual proposition from Seli after June 1, 2014. [Pl. Dep. at 52]. Plaintiff also admits that she was not subjected to any sexual remarks after June 1, 2014. [Pl. Dep. at 71]. C. Seli\u2019s Post-Breakup Actions On June 1, 2014, (the day after his wife discovered the affair) Seli made the decision to cancel the \u201cimprinting project,\u201d one of the projects Plaintiff had been working on. [Pl. Dep. at 62, 81; Def. Exh at 3; Def. Exh. K; Def. Exh at 001357-58]. Prior to May 31, 2014, Plaintiff reported to Seli that the research results were not as expected and that there was a problem with the research mouse colony that very likely caused the problem. [Pl. Dep. at 62-64]. Seli shared Plaintiff\u2019s findings with their collaborator, Dr. Maria Lalioti, on May 30, 2014. [Def. Exh. K]. Lalioti remarked in a May 30, 2014 email that the results of this project did not \u201cseem promising,\u201d but the parties dispute whether Seli Case 3:16-cv-00186 Document 80 Filed 04/01/18 Page 6 of 27 7 planned to continue funding the project prior to his wife\u2019s discovery of the affair. [Pl. Exh. K]. Also on June 1, 2014, Seli emailed Colleen Goble, Manager of the Department of Obstetrics/Gynecology, stating: Asli\u2019s project does not look promising for the next year and think we may not renew her appointment. As far as know we have to decide 6 weeks in advance. Please remind me in time; but as said, we\u2019ll probably not reappoint. [Def. Exh. N]. Plaintiff was not copied on this email and first learned about it months after she left Yale to join Jackson Laboratories, her current employer. [Pl. Dep. at 188; Def. Exh at 1]. Seli ultimately did not terminate Plaintiff\u2019s employment, and Yale promoted her to Associate Research Scientist effective August 17, 2014. [Pl. Dep. at 183-84; Def. Exh at 4; Def. Exh at 1-2]. Also on June 1, 2014, Seli sent an email canceling a trip that Plaintiff was supposed to take to a professional conference in July 2014. [Def. Exh. R; Pl. Dep. at 139-40]. In the same email canceling Plaintiff\u2019s arrangement for the July conference, Seli approved payment for Plaintiff to attend a different conference in Honolulu, Hawaii in October 2014. [Pl. Dep. at 139; Def. Exh. R]. Plaintiff was copied on this email. According to Plaintiff, prior to sending this email, Seli spoke with her and explained that she could not attend the original conference because Seli was attending, and that they could not both attend because his wife knew about their relationship. [Pl. Dep. at 140-41, 143]. Plaintiff ultimately attended the October 2014 conference at Yale\u2019s expense, even though she was no longer affiliated with Yale. [Pl. Dep. at 141-42]. Case 3:16-cv-00186 Document 80 Filed 04/01/18 Page 7 of 27 8 In the weeks following June 1, Plaintiff and Seli spoke on several occasions. [Pl. Dep. at 156]. Seli and Plaintiff also met in person at a Starbucks on June 1, 2014. After this meeting, they had no communication or contact for several days. [Def. Exh. H. at 7-8]. On June 4, 2014, Plaintiff sent Seli an email telling him that they had to talk. [Def. Exh at 1, 3]. Plaintiff and Seli had an 11 minute telephone conversation on June 4, 2014. [Def. Exh at 8; Def. Exh at 000149-151]. Plaintiff also alleges that Seli called her on June 8, 2014, during which call Seli told Plaintiff he would help her find employment elsewhere. [Def. Exh at 8]. Plaintiff also contends that Seli threatened to tell her family about their relationship if she chose not to leave Yale. [Pl. Dep. at 31-36, 70]. Plaintiff eventually told people about the relationship on her own. [Pl. Dep. at 70]. Plaintiff testified that between June 1 and June 17, 2014, Seli asked Plaintiff to leave Yale, and said that she could not continue working with him at Yale, and that if she returned to the department he would \u201cjust show up and try to humiliate\u201d her. [Pl. Dep. at 156]. Seli left for a family trip to California on June 12, 2014 and remained in California until June 22, 2014. [Def. Exh at 16]. On June 17, 2014, while Seli was on vacation, Plaintiff received an email from Sarah Henderson, an Immigration Specialist in Yale\u2019s Office of International Students and Scholars, which stated: According to our records your current J-1 status will end as of Aug. 16, 2014. This email is both for those of you who will be continuing your appointments at Yale and for those who will be departing Yale at the end of your current appointment. Please read the appropriate paragraph. Case 3:16-cv-00186 Document 80 Filed 04/01/18 Page 8 of 27 9 [Def. Exh at 16, Def. Exh at 001111-12]. The email went on to explain what steps the visa holders needed to take based on whether the visa holders planned to stay with Yale or conclude their appointments. [Def. Exh at 001111- 12]. This form email is sent to all individuals whose visas were due to expire (whether or not their appointments were being continued). [Pl. Dep. at 137, 150- 52; Def. Exh at 001111-12]. One June 18, 2014, Plaintiff forwarded the email to Seli, and asked, \u201c[d]id you take any action for this? Do need to do anything?\u201d [Def. Exh at 001111-12]. Seli stated in his reply to Plaintiff\u2019s June 18, 2014 email, \u201cHi Asli will communicate to Colleen as we have discussed am not sure if you need to do anything else (other than receiving your certificate).\u201d Id. at 001111. By this he meant that Plaintiff\u2019s appointment would not be renewed. Id. However, Seli claims that he believed Plaintiff did not want continue at Yale. [Def. Exh at 16; Pl. Exh at 5-6]. On June 18, 2014, Plaintiff replied to Seli\u2019s email and stated that she was surprised because she understood that her position was being renewed. [Def. Exh at 001111]. Once Plaintiff made her position known to him, Seli wrote to her that there must have been a miscommunication, that Plaintiff would be receiving a reappointment letter shortly and that he would \u201cbe happy to sit down and talk to [Plaintiff] regarding [her] future career pathways.\u201d Id. at 001110. Plaintiff then gave Seli a deadline to meet with her by June 24, 2014, and Seli agreed. Id. Plaintiff and Seli met at 2:00 pm on Tuesday, June 24, 2014. [Pl. Exh at 001110; Pl. Dep. at 162]. On June 24, 2014, Plaintiff met Seli in the fellows\u2019 Case 3:16-cv-00186 Document 80 Filed 04/01/18 Page 9 of 27 10 office. [Pl. Dep. at 165]. At their June 24, 2014 meeting, Plaintiff told Seli that he needed to divorce his wife and leave Yale, or she would file a complaint against him. [Pl. Dep. at 165, 167-68]. Plaintiff believed that if Seli agreed to divorce his wife and leave Yale, justice would be served because they both would have been punished. [Pl. Dep. at 153-55, 219-20]. Seli refused. [Def. Exh at 4]. After their June 24, 2014 meeting, Seli did not sent Plaintiff any emails, text messages, or call her on the phone. [Pl. Dep. at 201]. Plaintiff saw Seli only once after June 24, 2014, when she ran into him in the hallway. [Pl. Dep. at 201]. D. Plaintiff\u2019s Complaint to Yale After her meeting with Seli, on June 24, 2014, Plaintiff met with Dr. Hugh Taylor, Chair of the Obstetrics/Gynecology Department and told him that she had a consensual relationship with Seli. [Pl. Dep. at 73-75; Def. Exh at 11]. Plaintiff\u2019s meeting with Taylor was the first time Plaintiff complained to anyone at Yale about Seli. [Pl. Dep. at 150]. Plaintiff was upset and crying during her meeting with Taylor. [Pl. Dep. at 72-73]. At that meeting, Plaintiff told Taylor that she believed Seli was trying to get rid of her for personal reasons. She told Taylor that Dr. Seli was refusing to continue her appointment and that he had told her not to come to the lab and had cancelled her registration at the professional conference. [Def. Exh at 11; Pl. Dep. at 74-76]. On June 24, 2014, after meeting with Dr. Taylor, Plaintiff met with Valarie Stanley, Senior Deputy Title Coordinator, and made the same complaints to Stanley. [Def. Exh at 11]. Stanley reassured Plaintiff that she would not be punished, and \u201csuggested that if Plaintiff was applying for other jobs that Case 3:16-cv-00186 Document 80 Filed 04/01/18 Page 10 of 27 11 whatever references Seli provided could be sent through the office of the Department Chair or her own office in order to alleviate any concerns she might have that Seli would retaliate against her\u201d for her June 24, 2014 complaints. Id. Plaintiff met with Stanley a second time on July 1, 2014. [Pl. Dep. at 96-97]. The purpose of the July 1, 2014 meeting was to allow Aley Menon, Secretary of Yale\u2019s University-Wide Committee on Sexual Misconduct (\u201cUWC\u201d), to explain the complaint process to Plaintiff so that she could decide whether she wanted to file a complaint against Seli or continue with the Title informal process. [Pl. Dep. at 96-99; Def. Exh at 000917-18]. After learning about the process, Plaintiff decided to continue with the Title informal process. [Def. Exh at 000918; Pl. Dep. at 97-99]. After Taylor learned about the affair, he ordered Seli to stay away from his lab and told Plaintiff she should continue to report to work as she desired. [Pl. Dep. at 184; Taylor Dep. at 47-48, 66-67, 71-72, 79-80]. Taylor also told Plaintiff that she could work for Taylor in his laboratory if she preferred. [Pl. Dep. at 75- 76; Def. Exh at 11]. Plaintiff testified that at first she returned to Seli\u2019s laboratory, but that Seli prevented her from regaining access to the projects that she was working on. [Pl. Dep. at 70]. On June 30, 2014, Plaintiff received an email from Leslie Radcliff attaching a letter from Seli appointing her to the faculty position of Associate Research Scientist, effective August 17, 2014. [Pl. Dep. at 38-39; Def. Exh at 1-2]. The Associate Research Scientist position was one that Plaintiff and Seli had discussed prior to June 1, 2014. [Pl. Dep. at 138-39]. The appointment letter was drafted by Seli on June 24, 2014, and Radcliff apologized Case 3:16-cv-00186 Document 80 Filed 04/01/18 Page 11 of 27 12 in her email for the delay in sending the letter, and explained that the \u201cletter was written on 6/24 and was placed in my campus mailbox. It was mi[xed] in with the Fellowship mail that have been receiving \u2018tons of\u2019 all week.\u201d [Def. Exh at 1; Pl. Dep. at 39]. The position offered to Plaintiff was a faculty position and the salary reflected an 11% increase to her salary (from $46,686 to $52,000). [Def. Exh at 11; Def. Exh at 2; Def. Exh. Q]. E. Plaintiff\u2019s Career Choices Following Her Complaint After receiving her reappointment letter on June 30, 2014, Plaintiff \u201cdecided to accept Dr. Taylor\u2019s offer to work in his research group rather than Dr. Seli\u2019s.\u201d [Pl. Dep. at 70, 86; Def. Exh at 12]. However, she developed the impression that Taylor did not truly want her to work in his lab. [Pl. Dep. at 77]. While she was able to work on one project within Taylor\u2019s lab, she did not feel fully included in the work of the lab, because she did not receive any direct communication about the lab\u2019s work, she was not directly assigned to any specific research projects, and she was not given the opportunity to continue any of the work she had begun while working for Seli. [Pl. Dep. at 82-84]. Plaintiff worked in Taylor\u2019s lab beginning in mid-July 2013 through mid-August 2014, when she left the country to travel to Turkey for a few weeks. [Pl. Dep. at 69, 70]. While working in Taylor\u2019s lab, she found everyone friendly and attended at least one lab meeting. [Pl. Dep. at 87, 89; Def. Exh at 84-85]. In July 2014, Seli provided letters of recommendation for Plaintiff and she received job offers from Cornell University/Weill Medical Center and Jackson Laboratories, and Plaintiff testified that she never doubted that Seli would do so. Case 3:16-cv-00186 Document 80 Filed 04/01/18 Page 12 of 27 13 [Pl. Dep. at 42-44; Def. Exh at 1-4]. On August 5, 2014, Jackson Laboratory, which Plaintiff considers a prestigious research institution, sent Plaintiff an offer letter for the position of Application Computational Scientist. [Pl. Dep. At 195; Def. Exh at 1-2]. While Plaintiff ultimately chose to leave Yale, she testified that she \u201cdidn\u2019t want to mean who would want to leave Yale? Especially in my situation in postdoc working on a very important research project. And was going to gain writing experience on writing grants. Which is crucial for being an independent researcher. So was very close to complet[ing] my project, publish[ing] my work, and then gain[ing] experience on grant writing and be[ing] an independent supervisor.\u201d [Pl. Dep. at 189]. Plaintiff\u2019s starting salary for her position at Jackson laboratory was $70,000, and $18,000 increase over Plaintiff\u2019s last Yale salary of $52,000. [Def. Exh. F; Def. Exh at 1]. The Jackson Laboratory offer letter informed Plaintiff that the position would begin on Monday, September 8, 2014, and required Plaintiff to confirm her acceptance by Wednesday, August 6, 2014. [Def. Exh at 1-2]. Plaintiff signed and accepted the offer letter on August 6, 2014. [Def. Exh at 2]. Plaintiff resigned her employment with Yale on September 5, 2014, and started her employment with Jackson Laboratory on Monday, September 8, 2014. [Def. Exh at 1-2]. Since joining Jackson Laboratory in September 2014, Plaintiff has received one bonus, which was 6% of her annual salary. [Pl. Dep. at 199]. On November 2, 2016, Plaintiff was promoted to the position of Associate Research Scientist and her annual salary was increased to $80,000. [Def. Exh. Case 3:16-cv-00186 Document 80 Filed 04/01/18 Page 13 of 27 14 CC]. Plaintiff has published at least two papers since joining Jackson Laboratory. [Pl. Dep. at 196]. F. Plaintiff\u2019s Complaint On September 25, 2014, after Plaintiff left Yale, she filed a complaint with the UWC. Yale appointed Miriam Berkman to conduct a factual investigation in Plaintiff\u2019s Complaint. [Pl. Dep. at 11-12; Def. Exh at 1]. Berkman interviewed Plaintiff, Seli, Stanley, Taylor, Meltem Seli, and multiple other individuals identified by Plaintiff. [Def. Exh at 1-2]. Berkman summarized her findings in a report. [Def. Exh. H]. The report included Plaintiff\u2019s version of events, and Plaintiff had the opportunity to read the report and correct it if Plaintiff believed anything in the written account was incorrect. [Pl. Dep. at 12-13; Def. Exh at 4-12]. As reflect in the report, Plaintiff told Berkman that she felt loved and wanted by Seli, and that her relationship with Seli was consensual. [Pl. Dep. at 16-17; Def. Exh at 4-12; Def. Exh at 000186-87]. Plaintiff also told Berkman that while she was in the relationship she did not believe that she would be punished at work if she did not do as Seli asked. [Pl. Dep. at 17-19, Def. Exh at 6]. Until Plaintiff retained a lawyer, she always maintained that the relationship was consensual. [Pl. Dep. at 20-21]. Her current position that the relationship was not consensual is only something she arrived at in retrospect. Id. at 53-56. One of the reasons that Plaintiff changed her opinion regarding whether the relationship was consensual was that friends of hers told her that her affair with Case 3:16-cv-00186 Document 80 Filed 04/01/18 Page 14 of 27 15 Seli was not consensual under law. [Pl. Dep. at 83]. Plaintiff also testified that because she was raised in a conservative country, she understood a non- consensual relationship to be one that involved rape or physical force. Id. at 43. Therefore, when she told investigators that the relationship was consensual, she meant that Seli did not rape her or use physical force to coerce her into having a sexual relationship with him. Id. at 9-10. The ultimately determined that Seli violated Yale\u2019s Policy on Teacher- Student Consensual Relationships and failed to manage the conflicts of interest that arose from the relationship. [Def. Exh at 000190]. The recommended (1) suspending Seli from the School of Medicine Faculty for one year (including presence in the research lab and all clinical responsibilities, except patient care in the egg donation practice), (2) prohibition from holding a leadership position in the School of Medicine for five years; (3) reduction of his salary commensurate with the reduction of his responsibilities, (4) no new postdoctoral trainees or other students during the suspension, (5) mandatory counseling and mentoring on managing conflicts of interest, and (6) supervision of all his personnel decisions in the research laboratory for a five-year period. [Def. Exh at 000200-01]. On February 5, 2015, Plaintiff wrote a letter to President Salovey regarding Seli\u2019s appeal to Dr. Polak\u2019s recommendations. [Def. Exh at 000957]. In her letter, Plaintiff stated that she had \u201cno objections to Provost Polak\u2019s decision,\u201d although in her opinion she believed that the \u201ctermination of Dr. Seli\u2019s affiliation with Yale would be the most appropriate penalty.\u201d Id. Case 3:16-cv-00186 Document 80 Filed 04/01/18 Page 15 of 27 16 and Proceedings Plaintiff \u201cdual filed\u201d administrative complaints with the Connecticut Commission on Human Rights and Opportunities (\u201cCHRO\u201d) and the Equal Employment Opportunity Commission (\u201cEEOC\u201d) on March 31, 2014, alleging quid pro quo sexual harassment, as well as sex discrimination, constructive discharge, and retaliation. [Def. Exh. GG]. Plaintiff\u2019s complaint described her relationship with Seli as a romantic relationship. Id. \u00b6 7. Plaintiff filed an amended complaint on June 1, 2015. [Def. Exh. HH]. The complaint was ultimately dismissed as untimely, and before the issued a determination, a Notice of Right to Sue was issued by on December 1, 2015. [Def. Exh at 000963-66]. III. Legal Standard Summary judgment should be granted \u201cif the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.\u201d Fed. R. Civ. P. 56(a). The moving party bears the burden of proving that no factual issues exist. Vivenzio v. City of Syracuse, 611 F.3d 98, 106 (2d Cir. 2010). \u201cIn determining whether that burden has been met, the court is required to resolve all ambiguities and credit all factual inferences that could be drawn in favor of the party against whom summary judgment is sought. Id. (citing Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255 (1986); Matsushita Electric Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587 (1986)). \u201cIf there is any evidence in the record that could reasonably support a jury\u2019s verdict for the nonmoving party, summary judgment must be denied.\u201d Am. Home Assurance Case 3:16-cv-00186 Document 80 Filed 04/01/18 Page 16 of 27 17 Co. v. Hapag Lloyd Container Linie, GmbH, 446 F.3d 313, 315-16 (2d Cir. 2006) (quotation omitted). In addition, \u201cthe court should not weigh evidence or assess the credibility of witnesses\u201d on a motion for summary judgment, as \u201cthese determinations are within the sole province of the jury.\u201d Hayes v. New York City Dep\u2019t of Corr., 84 F.3d 614, 619 (2d Cir. 1996 party opposing summary judgment \u2018cannot defeat the motion by relying on the allegations in his pleading, or on conclusory statements, or on mere assertions that affidavits supporting the motion are not credible.\u2019 At the summary judgment stage of the proceeding, Plaintiffs are required to present admissible evidence in support of their allegations; allegations alone, without evidence to back them up, are not sufficient.\u201d Welch-Rubin v. Sandals Corp., No. 3:03-cv-481, 2004 2472280, at 1 (D. Conn. Oct. 20, 2004) (quoting Gottlieb v. County of Orange, 84 F.3d 511, 518 (2d Cir. 1996)). \u201cSummary judgment cannot be defeated by the presentation . . . of but a \u2018scintilla of evidence\u2019 supporting [a] claim.\u201d Fincher v. Depository Trust & Clearing Corp., 604 F.3d 712, 726 (2d Cir. 2010) (quoting Anderson, 477 U.S. at 251). IV. Discussion Pursuant to Title of the Civil Rights Act of 1964, \u201cIt shall be an unlawful employment practice for an employer . . . to discriminate against any individual with respect to [her] compensation, terms, conditions, or privileges of employment, because of such individual\u2019s . . . sex.\u201d 42 U.S.C. \u00a7 2000e-2(a)(1). \u201c[S]exual harassment is a form of sex discrimination that is actionable under Title VII.\u201d Meritor Sav. Bank v. Vinson, 477 U.S. 57, 64 (1986)) (expanding Title Case 3:16-cv-00186 Document 80 Filed 04/01/18 Page 17 of 27 18 protections from quid pro quo harassment to hostile work environment harassment). \u201c[A] plaintiff seeking relief for sexual harassment may . . . proceed under two theories: (1) quid pro quo, and (2) hostile work environment.\u201d Karibian v. Columbia Univ., 14 F.3d 773, 777 (2d Cir. 1994). \u201c[S]exual harassment so \u2018severe or pervasive\u2019 as to \u2018alter the conditions of . . . employment and create an abusive working environment\u2019 violates Title VII.\u201d Faragher v. City of Boca Raton, 524 U.S. 775, 786 (1998) (quoting Vinson, 477 U.S. at 64). To establish a prima facie case of quid pro quo sexual harassment, a plaintiff must \u201cpresent evidence that she was subject to unwelcome sexual conduct, and that her reaction to that conduct was then used as the basis of decisions affecting the compensation, terms, conditions, or privileges of her employment.\u201d Karibian, 14 F.3d at 777 (citing Lipsett v. University of Puerto Rico, 864 F.2d 881, 898 (1st Cir. 1988)). Actionable unwelcome sexual conduct includes \u201c[u]nwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature.\u201d Vinson, 457 U.S. at 65. Quid pro quo sexual harassment claims also lie where a plaintiff has submitted to unwanted sexual advances. See Jin v. Metro. Life Ins. Co., 310 F.3d 84, 98 (2d Cir. 2002) (\u201c[W]hen a victim is coerced into submitting to a supervisor\u2019s sexual mistreatment, the threatened detrimental economic tangible employment action may not take place. But that does not mean that use of the submission as the basis for other job decisions does not also constitute tangible employment action.\u201d). Case 3:16-cv-00186 Document 80 Filed 04/01/18 Page 18 of 27 19 To prevail on a hostile work environment claim, a plaintiff must demonstrate: (1) that her workplace was permeated with discriminatory intimidation that was sufficiently severe or pervasive to alter the conditions of her work environment, and (2) that a specific basis exists for imputing the conduct that created the hostile environment to the employer. Faragher, 524 U.S. at 786 (quoting Vinson, 477 U.S. at 64). To be actionable, allegedly harassing conduct \u201cmust be severe [or] pervasive enough to create an environment that \u2018would reasonably be perceived, and is perceived, as hostile or abusive.\u2019\u201d Schwapp v. Town of Avon, 118 F.3d 106, 110 (2d Cir. 1997) (quoting Harris v. Forklift Sys., Inc., 510 U.S. 17, 22 (1993)); see also Redd v. New York Div. of Parole, 678 F.3d 166, 175 (2d Cir. 2012) (\u201c[A] plaintiff need not show that her hostile working environment was both severe and pervasive; only that it was sufficiently severe or sufficiently pervasive, or a sufficient combination of these elements, to have altered her working conditions.\u201d). Additionally, the \u201csexually objectionable environment must be both objectively and subjectively offensive, one that a reasonable person would find hostile or abusive, and one that the victim in fact did perceive to be so.\u201d Faragher, 524 U.S. at 787. \u201c[A] work environment\u2019s hostility should be assessed based on the totality of the circumstances.\u201d Patane v. Clark, 508 F.3d 106, 113 (2d Cir. 2007) (quotations omitted) (citing Harris v. Forklift Sys., Inc., 510 U.S. 17, 22 (1993)). \u201cFactors that a court might consider in assessing the totality of the circumstances include: (1) the frequency of the discriminatory conduct; (2) its severity; (3) whether it is threatening and humiliating, or a mere offensive Case 3:16-cv-00186 Document 80 Filed 04/01/18 Page 19 of 27 20 utterance; and (4) \u2018whether it unreasonably interferes with an employee\u2019s work performance.\u2019\u201d Id. \u201cThe Second Circuit has consistently \u2018cautioned against setting the bar [for a hostile work environment claim] too high, noting that while a mild, isolated incident does not make a work environment hostile, the test is whether the harassment is of such quality or quantity that a reasonable employee would find the conditions of his employment altered for the worse.\u2019\u201d Reid v. Ingerman Smith LLP, 876 F. Supp. 2d 176, 186 (E.D.N.Y. 2012) (quoting Terry v. Ashcroft, 336 F.3d 128, 148 (2d Cir. 2003)). Defendant seeks summary judgment on the grounds that (1) neither quid pro quo nor hostile work environment claims may lie where mistreatment is simply the result of the fallout of a consensual romantic relationship; (2) Plaintiff\u2019s claims are time-barred; and (3) the Faragher/Ellerth affirmative defense bars Plaintiff\u2019s claims. A. Plaintiff has Offered Evidence that her Relationship with Seli was not Consensual Yale argues first that Plaintiff\u2019s sexual harassment claims cannot survive because the relationship was consensual. In particular, Yale argues that \u201cTitle sex discrimination claims may not be premised solely on evidence of mistreatment following the termination of a romantic relationship.\u201d [Dkt. No. 64 at 23 (quoting Novak v. Waterfront Comm\u2019n of N.Y. Harbor, 928 F. Supp. 2d 723, 729 (S.D.N.Y. 2013))]. However, \u201cthere is no per se bar against hostile work environment claims based on gender that arise, whether entirely or not, out of a failed consensual relationship. \u2018To hold otherwise would effectively immunize from Title liability any sexual harassment following a failed relationship\u2019\u201d Case 3:16-cv-00186 Document 80 Filed 04/01/18 Page 20 of 27 21 regardless of the egregiousness or motivation of the conduct. Kohutka v. Town of Hempstead, 994 F. Supp. 2d 305, 328 (E.D.N.Y. 2014) (quoting Sclafani v Richard & Son, 668 F. Supp. 2d 423, 433 (E.D.N.Y.2009)). Nevertheless, \u201c[i]n cases arising from the break-up of a consensual sexual relationship between coworkers, courts have repeatedly observed that there is a distinction between personal animosity arising from a failed relationship, which is not actionable sexual harassment, and animosity based on a person\u2019s gender, which can be.\u201d Kohutka, 994 F. Supp. 2d at 328 (quoting Bracey v. Ne. Utilities Serv. Co., CV126027883S, 2013 6334262, at 9 (Conn. Super. Ct. Nov. 1, 2013)). \u201c[C]ircumstances in which an employee\u2019s failed romantic relationship with a supervisor can lead to an actionable Title claim\u201d may include \u201cwhen the employee\u2019s subsequent mistreatment can be tied to the rejected supervisor\u2019s unwanted sexual advances or other inappropriate efforts to resume the relationship.\u201d Novak, 928 F. Supp. 2d at 730 (quoting Babcock v. Frank, 729 F. Supp. 279, 287-88 (S.D.N.Y. 1990)). But where \u201cthere is no evidence that the spurned supervisor made any sexual advances towards [a plaintiff] following their breakup, or engaged in other efforts to renew the relationship, there is no actionable Title violation.\u201d Id. The parties do not dispute that Seli made no sexual overtures to Plaintiff following his wife\u2019s discovery of the affair on May 31, 2014. However, Plaintiff has testified that she stayed in a relationship with Seli based on her fear that she would have to leave Yale if she revealed the existence of the relationship or if they broke up. The key question in this case, then, is whether Seli\u2019s actions Case 3:16-cv-00186 Document 80 Filed 04/01/18 Page 21 of 27 22 following his wife\u2019s discovery of the affair constituted (1) \u201cunfair and certainly unchivalrous behavior\u201d1 following the dissolution of a voluntary sexual relationship; or (2) the execution of threats that kept Plaintiff from leaving the relationship sooner. In support of Yale\u2019s claim that the relationship was fully consensual, Yale cites to the report of its investigation, which contains a third-party\u2019s interpretation of Plaintiff\u2019s account of her relationship with Seli. Plaintiff admitted that she had the opportunity to review the report and make changes any inaccuracies to parts of the report. However, she now maintains that where she described having a consensual relationship, she meant that Seli never used physical force or intimidation. She consistently testified that she believed her job would be in jeopardy if she ended the relationship, and that she wanted to end the relationship on multiple occasions, due to the stress of having to keep the relationship secret, and what Plaintiff perceived as controlling behavior on Seli\u2019s part. While the report supports Yale\u2019s theory that Seli\u2019s behavior after the breakup was based on non-gender-based post-relationship hostility, whether to credit the report or Plaintiff\u2019s testimony is best left to a jury. This is particularly true in light of the fact that is controlled by Yale, and a reasonable jury could conclude that statements within a Yale-sponsored investigative report might be unfairly 1 Kahn v. Objective Sols., Int\u2019l, 86 F. Supp. 2d 377, 382 (S.D.N.Y. 2000) (\u201cParticipation in a consensual office affair does not constitute actionable gender discrimination when the termination of the affair results in discharge. It may constitute unfair and certainly unchivalrous behavior, but not discrimination because of gender.\u201d). Case 3:16-cv-00186 Document 80 Filed 04/01/18 Page 22 of 27 23 biased in favor of Yale. The possibility that a jury would find Plaintiff submitted to unwelcome secular advances by Seli is buttressed by the numerous electronic communications between Plaintiff and Seli in which suggest that Seli resisted Plaintiff\u2019s efforts to avoid communicating with him and to end the relationship; and Seli\u2019s insistence that she continue the relationship. [See, e.g., Pl. Exh at 229-31, 233, 242, 270, 318]. The Court also notes that Title VII\u2019s requirement that a work environment be subjectively and objectively hostile to constitute discrimination is designed to take into account the reality that sexual advances that might be repugnant to one employee might be welcome or pleasurable to another. It was not designed to shield employers from liability when an employee\u2019s understanding of the word \u201cconsensual\u201d or her understanding of antidiscrimination law or American values relating to workplace conduct are colored by the norms of less progressive societies. To find otherwise would be to immunize employers from liability for fostering hostile work environments among immigrants from cultures that do not value a woman\u2019s right to be free from discrimination in the workplace. Plaintiff\u2019s resistance of Seli\u2019s advances before his wife learned about the relationship could reflect her subjective feeling that his advances had become unwanted and were unrequited, but that she believed she had no choice but to continue the relationship in order to keep her position at Yale. B. Plaintiff has Offered Evidence that Seli\u2019s Behavior Before June 4, 2014 was Part of a Course of Conduct that Continued After June 4, 2014 Defendant next argues that Plaintiff\u2019s claims are time-barred plaintiff must file a discrimination claim within 300 days of the occurrence of the allegedly Case 3:16-cv-00186 Document 80 Filed 04/01/18 Page 23 of 27 24 unlawful employment practice. 42 U.S.C. \u00a7 2000e-5(e)(1). Here, the Plaintiff filed her charge of discrimination with the on March 31, 2014. As a result, discrete incidents that occurred more than 300 days before that date, or before June 4, 2014, generally are time-barred. However, \u201cunder the continuing violation exception to the Title limitations period, if a Title plaintiff files an charge that is timely as to any incident of discrimination in furtherance of an ongoing policy of discrimination, all claims of acts of discrimination under that policy will be timely even if they would be untimely standing alone.\u201d Chin v. Port Auth. of N.Y. & New Jersey, 685 F.3d 135, 155-56 (2d Cir. 2012) (quoting Lambert v. Genesee Hosp., 10 F.3d 46, 53 (2d Cir. 1993)). Moreover, \u201cevidence of an earlier alleged retaliatory act may constitute relevant \u2018background evidence in support of [that] timely claim.\u2019\u201d Id. at 150 (quoting Jute v. Hamilton Sundstrand Corp., 420 F.3d 166, 176 (2d Cir. 2005)). \u201cSuch background evidence \u2018may be considered to assess liability on the timely alleged act.\u2019\u201d Id. Plaintiff offered evidence that Seli told her that if she ended their relationship or if their relationship was discovered, Plaintiff would have to leave her position at Yale. Consequently, a reasonable jury could conclude that Seli\u2019s attempts to remove Plaintiff from her position between June 4, 2014 and June 24, 2014, represented Seli\u2019s execution of the threats he made on multiple occasions during their relationship. Thus, genuine issues of fact preclude the Court from finding that Plaintiff\u2019s claims regarding Seli\u2019s pre-June 4, 2014 conduct are time- barred. Case 3:16-cv-00186 Document 80 Filed 04/01/18 Page 24 of 27 25 C. Genuine Issues of Fact Preclude Summary Judgment on the Basis of the Faragher/Ellerth Defense Ellerth and Faragher hold \u201c[a]n employer . . . subject to vicarious liability to a victimized employee for an actionable hostile environment created by a supervisor with . . . authority over the employee.\u201d Crawford v. Metro. Gov\u2019t of Nashville & Davidson Cty., Tenn., 555 U.S. 271, 278 (2009) (quoting Ellerth, 524 U.S. at 765; Faragher, 524 U.S. at 807). \u201cAlthough there is no affirmative defense if the hostile environment \u2018culminates in a tangible employment action\u2019 against the employee, an employer does have a defense \u2018[w]hen no tangible employment action is taken, if it \u2018exercised reasonable care to prevent and correct promptly any\u2019 discriminatory conduct and \u2018the plaintiff employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer or to avoid harm otherwise,\u2019\u201d Id. (citing Ellerth, 524 U.S., at 765). \u201cEmployers are thus subject to a strong inducement to ferret out and put a stop to any discriminatory activity in their operations as a way to break the circuit of imputed liability.\u201d Id. The Faragher/Ellerth affirmative defense does not shield Yale from vicarious liability for Seli\u2019s actions for three reasons. First, because Plaintiff has offered evidence that Seli denied her access to her existing research projects, and for a short period of time, told her not to come to his lab, he effected what amounts to an \u201cundesirable reassignment,\u201d which constitutes a tangible employment action. See Ellerth, 524 U.S. at 765 (\u201cNo affirmative defense is available, however, when the supervisor's harassment culminates in a tangible employment action, such as discharge, demotion, or undesirable Case 3:16-cv-00186 Document 80 Filed 04/01/18 Page 25 of 27 26 reassignment.\u201d). Second, Plaintiff has offered evidence that she was coerced into remaining in a relationship with Plaintiff in order to maintain her position at Yale. \u201c[W]hen a victim is coerced into submitting to a supervisor\u2019s sexual mistreatment, the threatened detrimental economic tangible employment action may not take place. But that does not mean that use of the submission as the basis for other job decisions does not also constitute tangible employment action.\u201d Jin v. Metro. Life Ins. Co., 310 F.3d 84, 98 (2d Cir. 2002). Because Plaintiff\u2019s submission to Seli\u2019s advances constitutes a tangible employment action, the Faragher/Ellerth affirmative defense is inapplicable. Finally, because Plaintiff testified that Seli threatened that if she revealed the existence of their relationship, she would have to leave Yale, a jury could find that her initial decision not to avail herself of Yale\u2019s anti-discrimination apparatus was reasonable. V. Conclusion For the foregoing reasons, Defendant Seli\u2019s Motion for Summary Judgment [Dkt. No. 62] is and Defendant Yale\u2019s Motion for Summary Judgment [Dkt. No. 63] is and PART. Counts Three, Four, Six, Eight, and Nine are DISMISSED, and Seli is as a defendant to this action ORDERED. Case 3:16-cv-00186 Document 80 Filed 04/01/18 Page 26 of 27 27 _ ______ /s/ ______________ Hon. Vanessa L. Bryant United States District Judge Dated at Hartford, Connecticut: March 31, 2018 Case 3:16-cv-00186 Document 80 Filed 04/01/18 Page 27 of 27"}
8,290	William Bohonyi	Ohio State University	[ "8290_101.pdf", "8290_102.pdf", "8290_103.pdf", "8290_104.pdf", "8290_105.pdf", "8290_106.pdf" ]	{"8290_101.pdf": "From Casetext: Smarter Legal Research Pryor v. Ohio State Univ. United States District Court, Southern District of Ohio Feb 27, 2023 2:22-cv-00163 (S.D. Ohio Feb. 27, 2023) Copy Citation Download Check Treatment Rethink the way you litigate with CoCounsel for research, discovery, depositions, and so much more. Try CoCounsel free 2:22-cv-00163 02-27-2023 PRYOR, Plaintiff, v UNIVERSITY, Defendant Kimberly A. Jolson Magistrate Judge Sign In Search all cases and statutes... Opinion Case details 2/21/25, 7:58 Pryor v. Ohio State Univ., 2:22-cv-00163 \| Casetext Search + Citator 1/10 The underlying facts of this case are troubling. An assistant diving coach sexually abused a diver. Eszter Pryor, a minor, was an aspiring collegiate diver and Olympic hopeful; William Bohonyi, was a coach who capitalized on Ms. Pryor's aspirations and the power imbalances in their relationship. Mr. Bohonyi has been prosecuted and he pled guilty to two counts of sexual battery.1 1 See Ohio v. Bohonyi, Franklin Cty. C.P. No. 18-CR-005888 (filed Nov. 30, 2018); see also Lynch v. Leis, 382 F.3d 642, 648, n.5 (6th Cir. 2004) (Federal courts may take judicial notice of proceedings in other courts of record.). Ms. Pryor brought this Title action against The Ohio State University, where she dove on the club team and Mr. Bohonyi coached, alleging Ohio State was deliberately indifferent to Mr. Bohonyi's sexual harassment of her. Ohio State moved for summary judgment. (Mot No. 16.) Ms. Pryor opposed the Motion on the merits (Opp No. 27), but also filed a Rule 56(d) declaration requesting 2 additional discovery to respond No. 27-10). Ohio State replied. (Reply No. 28.) 2 For the reasons stated below, The Court construes Ms. Pryor's Rule 56(d) declaration as a motion, which is GRANTED. Ohio State's Summary Judgment Motion is without prejudice 56 In his Rule 56(d) declaration, Ms. Pryor's counsel contends that in order to respond fully to Ohio State's Summary Judgment Motion, Ms. Pryor needs to conduct additional discovery on a variety of topics No. 27-10, \u00b6\u00b6 4- 9.) Ohio State counters that \u201cplaintiff cannot identify any discoverable material facts that justify delay [in deciding the Motion] beyond mere speculation.\u201d (Reply, PageID 447.) Federal Rule of Civil Procedure 56(d) provides that \u201c[i]f a nonmovant shows by affidavit or declaration that, for specified reasons, it cannot present facts essential to justify its opposition, the court may: (1) defer considering the motion or deny it; (2) allow time to obtain affidavits or declarations or to take discovery; or (3) issue any other appropriate order.\u201d The purpose of the Rule is to ensure a plaintiff receives \u201c\u2018a full opportunity to conduct 2/21/25, 7:58 Pryor v. Ohio State Univ., 2:22-cv-00163 \| Casetext Search + Citator 2/10 City of Memphis, 928 F.3d at 491 (citing CenTra, Inc. v. Estrin, 538 F.3d 402, 420 (6th Cir. 2008) and Plott v. Gen. Motors Corp., 71 F.3d 1190, 1196-97 (6th Cir. 1995)). With this background, the Court analyzes the Plott factors. 4 discovery' to be able to successfully defeat a motion for summary judgment.\u201d Ball v. Union Carbide Corp., 385 F.3d 713, 719 (6th Cir. 2004) (quoting Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 257 (1986)). When invoking these protections, a plaintiff must do so in good faith by affirmatively demonstrating \u201chow postponement of a ruling on the motion will enable [her] . . . to rebut the movant's showing of the absence of a genuine issue of 3 fact v. E.M.A. Nationwide, Inc., 767 F.3d 611, 623 (6th Cir. 2014). The declaration must explain the need for discovery, what material facts plaintiff hopes to uncover, and why it has not previously discovered the information. Ball, 385 F.3d at 720. 3 There is no absolute right to additional time under Rule 56(d), and \u201ca district court does not abuse its discretion in denying discovery when the discovery requested would be irrelevant to the underlying issue to be decided.\u201d Doe v. City of Memphis, 928 F.3d 481, 490 (6th Cir. 2019) (citations omitted). Likewise, a district court may exercise discretion and \u201climit the scope of discovery where the information sought is overly broad or would prove unduly burdensome to produce.\u201d Id. Still, courts have construed Rule 56(d) motions generously, and the Sixth Circuit has advised they should be granted \u201calmost as a matter of course.\u201d Id. (citing E.M.A. Nationwide, Inc., 767 F.3d at 623 n.7); see Schobert v Transportation Inc., 504 F.Supp.3d 753, 803 (S.D. Ohio 2020) (Cole, J.) (noting the Sixth Circuit's preference that courts grant Rule 56(d) motions). There is also a five-factor test courts must take into consideration: (1) when the [plaintiff] learned of the issue that is the subject of the desired discovery; (2) whether the desired discovery would . . . change[] the ruling . . .; (3) how long the discovery period had lasted; (4) whether the [plaintiff] was dilatory in its discovery efforts; and (5) whether the [defendant] was responsive to discovery requests. 4 2/21/25, 7:58 Pryor v. Ohio State Univ., 2:22-cv-00163 \| Casetext Search + Citator 3/10 A. Whether Ms. Pryor Was Dilatory in Her Discovery Efforts and Length of Discovery Period The Court will analyze factors (3) and (4) together because the record is instructive as to both. The Court is mindful that the \u201cmain inquiry is whether the moving party was diligent in pursuing discovery.\u201d City of Memphis, 928 F.3d at 491-92 (citing E.M.A. Nationwide, Inc., 767 F.3d at 623). There is no evidence that Ms. Pryor delayed discovery or was not diligent in pursuing discovery. Plaintiff filed this litigation in January 2022. (Compl No. 1.) About two months later the parties filed their Rule 26(f) Report and the Court held an initial pretrial conference Nos. 10, 13.) Ohio State's Summary Judgment Motion was filed less than a month after the conference on April 5, 2022. (Mot.) Plaintiff moved for an extension of time to file her opposition and was given until July 1, 2022 to do so No. 24.) The Summary Judgment Motion was fully briefed by the end of July 2022-six months after the litigation began. (Reply.) Ms. Pryor stated in the Rule 26(f) Report that she did not \u201cagree to limiting discovery as Defendant suggests No. 10, PageID 146.) She makes similar statements throughout the Report. (Id. PageID 148 (\u201cPlaintiff does not consent to any limitation on discovery\u201d); PageID 149 (\u201cPlaintiff does not consent to the extremely aggressive expert disclosure dates\u201d).) Ms. Pryor was not dilatory in her discovery efforts and the discovery period was short. See City of Memphis, 928 F.3d at 495-96 (finding a two year discovery period to be of neutral weight); Cline v. Dart Transit Co., 804 Fed.Appx. 307, 316 (6th Cir. 2020) (finding ninety days to complete discovery, even though the district court 5 limited discovery to liability, was a \u201cmeager amount of time for the parties to complete\u201d discovery). These two factors weigh in Plaintiff's favor. 5 B. When Ms. Pryor Learned of the Issues that are the Subject of the Desired Discovery The first factor \u201cprimarily pertains to situations where there was something that prevented a party from learning about a subject of desired discovery until after some discovery had already been sought.\u201d City of Memphis, 928 2/21/25, 7:58 Pryor v. Ohio State Univ., 2:22-cv-00163 \| Casetext Search + Citator 4/10 6 F.3d at 492-93. Ms. Pryor knew about the topics in the requested discovery since filing the lawsuit, so this factor is either not applicable and neutral, see id. at 493, or weighs slightly in Ohio State's favor. C. Whether the Desired Discovery Will Change the Ruling Ms. Pryor seeks discovery on the following topics: 5. Specifically, Plaintiff does not yet know the full extent of what officials knew about coach William Bohonyi before it received a report of sexual abuse of the plaintiff in August of 2014. This is vitally important to Plaintiff's claims because it will determine the time at which received \u201cactual notice\u201d that Bohonyi posed a \u201csubstantial risk\u201d to the plaintiff under applicable Title caselaw, as set forth in Plaintiff's accompanying response. 6. There is already some indication that Bohonyi was counseled by officials on several occasions about his inappropriate interactions with other minor divers. Plaintiff has not yet had the opportunity to fully develop the record of when those counselings occurred or what transpired between the other divers and Bohonyi. These facts are critical to establishing what knew about Bohonyi's proclivities and whether its institutional response-to the extent there was one-was appropriate. If it was not, this is a key way in which Plaintiff is allowed to demonstrate deliberate indifference. 7. In addition, Plaintiff should be allowed to conduct discovery on the issue of what amenities and benefits extended to him, if any, even after his termination. Here, Plaintiff alleges that Bohonyi was able to continue using facilities to sexually abuse her even after he was 6 terminated. She also contends that he continued to coach divers using amenities denies these allegations. In its motion for summary judgment simply states that it is \u201cunaware\u201d of Bohonyi returning to campus. Plaintiff does not believe that that is true and is entitled to discovery on this point under Title 2/21/25, 7:58 Pryor v. Ohio State Univ., 2:22-cv-00163 \| Casetext Search + Citator 5/10 No. 27-10.) caselaw, because it is critical to demonstrating that acted with deliberate indifference to the safety of the Plaintiff (and others) following its inadequate corrective measures. 8. Plaintiff also does not yet have an explanation as to why failed to take any action on the cache of explicit photos they had of the Plaintiff, which were taken and/or solicited by Bohonyi. Had turned these photos over to the proper authorities, it is Plaintiff's position that she would have been spared several months of additional humiliation and abuse. 9. Furthermore, there is a dispute of material fact as to whether officials required the Plaintiff to leave a national diving competition in response to a complaint of sexual abuse, or whether Plaintiff left of her own accord. At the moment, it is Plaintiff's word against the word of the former head coach. Testimony from additional witnesses will help bolster Plaintiff's retaliation claim under Title IX. This desired discovery has the potential to change the Court's ruling on summary judgment, and therefore, factor two favors Ms. Pryor. Two examples demonstrate the point. See City of Memphis, 928 F.3d at 493 (providing examples of \u201chow further discovery might change the outcome\u201d and finding the second factor favored plaintiffs). As one example, to make out her Title harassment claim, Ms. Pryor must plead and prove that (1) she was sexually harassed by a coach, (2) an official with authority to take corrective action had actual knowledge of the harassment, (3) the school response was clearly unreasonable, and (4) the school's deliberate indifference caused her to suffer discrimination. Wamer v. Univ. of Toledo, 7 27 F.4th 461, 471 (6th Cir. 2022) (citing Gebser v. Lago Vista Indep. Sch. Dist., 524 U.S. 274, 290-91 (1998) and Williams ex rel. Hart v. Paint Valley Local School District, 400 F.3d 360, 368 (6th Cir. 2005)). 7 The current record seems to indicate that Ohio State acted promptly after learning of the improper relationship by placing Mr. Bohonyi on 2/21/25, 7:58 Pryor v. Ohio State Univ., 2:22-cv-00163 \| Casetext Search + Citator 6/10 administrative leave, investigating him, and terminating him, but the record is scant as to what happened after his termination. Ohio State says it banned Mr. Bohonyi from its Student Life and aquatic facilities on August 10, and that ban became permanent on August 31 when Mr. Bohonyi was terminated No. 16-1, \u00b6\u00b6 12-14, PageID 210, 219.) Ms. Pryor says she continued to be abused by Mr. Bohonyi on campus after August 2014. (Pryor Decl No. 27-7, \u00b6\u00b6 24, 25.) Ohio State argues its evidence \u201cindisputably shows that William Bohonyi did not have access to Ohio State facilitates after his suspension\u201d (Reply, PageID 44748), but its evidence consists of testimony from Ohio State employees and logs showing Mr. Bohonyi did not use his BuckID after it was taken by Mr. Skinner. Additional discovery may reveal other witnesses who observed or interacted with Mr. Bohonyi on campus after his termination. It could also reveal new information about how Ohio State failed to enforce its ban against Mr. Bohonyi posttermination. See Wamer, 27 F.4th at 466 (explaining causation in a teacher-student harassment case is satisfied by \u201cshowing that (1) following the school's unreasonable response (2) (a) the plaintiff experienced an additional instance of harassment or (b) an objectively reasonable fear of further harassment caused the 8 plaintiff to take specific reasonable actions to avoid harassment which deprived the plaintiff of the educational opportunities available to other students\u201d). 8 As a second example, for Ms. Pryor to be successful on her Title retaliation claim, she must plead and prove that Ohio State retaliated against her because she complained about Mr. Bohonyi's sexual harassment. See Jackson v. Birmingham Bd. of Educ., 544 U.S. 167, 173 (2005). Again, the record on Ms. Pryor's retaliation claim is minimal. Ms. Pryor states she left Nationals at Ohio State's direction (Pryor Decl. \u00b6 16), while Ohio State focuses on Mr. Appleman's and Ms. Thompson's testimony that they did not ask Ms. Pryor to go home from the meet No. 28-7, 16:2-13 No. 28- 4, 47:6-8). Additional witnesses could testify about what they observed at Nationals. Moreover, presently there is no evidence on the record about Ms. Pryor's allegation that she was \u201cforced to move down to a lower level on the diving team in retaliation for her reports,\u201d and additional discovery could change that. (See Compl. \u00b6 85.) 2 2/21/25, 7:58 Pryor v. Ohio State Univ., 2:22-cv-00163 \| Casetext Search + Citator 7/10 2 Ohio State argues Ms. Pryor did not plead a retaliation claim in her Complaint, but the Court construes the allegations in paragraphs 44 and 85 as stating such. (See Compl. \u00b6 44 (\u201cIn fact, even though she was the victim, the administration at The Ohio State University decided to send Estee home from Nationals, the day before she was about to compete, not the perpetrator who sexually abused her-Coach Bohonyi.\u201d); \u00b6 85 (\u201cEstee was also forced to move down to a lower level on the diving team in retaliation for her reports.\u201d)) D. Whether Ohio State Was Responsive to Discovery Requests As for the fifth factor, Ms. Pryor argues that the summary judgment motion was filed before the first set of written discovery requests were served and before the first deposition had been scheduled. (Opp. PageID 368.) She also contends that 9 Ohio State first produced documents on May 20, 2022, and produced supplemental documents and privilege logs as late as June 22, 2022. (Id.) The parties hastily completed five depositions the week before Ms. Pryor's opposition brief was due. (Id.) 9 While these facts demonstrate that the parties were rushed to complete discovery, they do not indicate that Ohio State was deliberately dilatory in its efforts to respond to discovery. The last factor is neutral. Considered cumulatively, the Plott factors weigh in Ms. Pryor's favor. Her Rule 56(d) Motion is therefore GRANTED. The Court will allow the parties time to define the scope of and engage in additional discovery as identified in Plaintiff counsel's Rule 56(d) declaration Because the Rule 56(d) Motion is granted, Ohio State's Summary Judgment Motion is without prejudice. If Ohio State files a second motion for summary judgment that contains a statute of limitations argument, Ohio State must brief how the discovery rule, as recently articulated in Snyder-Hill v. Ohio State University, applies in this case. See 48 F.4th 686 (6th Cir. 2022). The briefing before the Court on the first Summary Judgment Motion was complete before that decision, and both parties assumed the occurrence rule applied. (Mot. PageID 187 n.2; see 2/21/25, 7:58 Pryor v. Ohio State Univ., 2:22-cv-00163 \| Casetext Search + Citator 8/10 generally Opp. (silent on occurrence rule versus discovery rule application).) The Snyder-Hill Court held the discovery rule applies instead; specifically that \u201c[i]n the Title context, this means that the claim does not accrue until the plaintiff knows or has reason to know that 10 the defendant institution injured them.\u201d 48 F.4th at 704; see also Garrett v. Ohio State Univ., No. 21-3972, __ F.4th __, 2023 2012158, at 5 (6th Cir. Feb. 15, 2023). 10 Additionally, if the parties cite to depositions in any future motions or memoranda, they must comply with the Court's Standing Orders on Filings and Decorum, and file the entire deposition transcripts. (Standing Orders \u00b6 8 The Court construes Ms. Pryor's Rule 56(d) declaration as a motion, which is No. 27-10.) Ohio State's Summary Judgment Motion is without prejudice No. 16 ORDERED. About us Jobs News Twitter Facebook LinkedIn Instagram Help articles Customer support Contact sales Cookie Settings 2/21/25, 7:58 Pryor v. Ohio State Univ., 2:22-cv-00163 \| Casetext Search + Citator 9/10 Do Not Sell or Share My Personal Information/Limit the Use of My Sensitive Personal Information Privacy Terms \u00a9 2024 Casetext Inc. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 2/21/25, 7:58 Pryor v. Ohio State Univ., 2:22-cv-00163 \| Casetext Search + Citator 10/10", "8290_102.pdf": "Fired Ohio State Diving Coach Pleads Guilty To Sexual Battery Against Underage Diver 89.7 News Published May 23, 2019 at 12:05 Ohio State Buckeyes Swiming And Diving former Ohio State University diving coach pleaded guilty Thursday to two counts of sexual battery involving an underage diver. According to prosecutors, William Bohonyi started pressuring diver Estee Pryor for sex when she was 16 years old. \"The essence of the conduct was using his position as a coach to engage in sexual activity with a minor student that he had control over,\u201d says Franklin County Prosecutor Ron O\u2019Brien. Pryor is among a group of divers suing Diving, alleging it didn't do enough to stop Bohonyi's actions federal lawsuit filed in July 2018 accused him of coercing and forcing divers into frequent sex, in exchange for continued involvement in the sport Diving says it didn't knowingly participate in the misconduct. Donate Travel with Rick Steves 89.7 2/21/25, 7:58 Fired Ohio State Diving Coach Pleads Guilty To Sexual Battery Against Underage Diver Public Media 1/6 O\u2019Brien says his office and the victim are satisfied with the outcome. Defense attorney Brad Koffel has said Bohonyi had a consensual relationship and the case wasn't as bad as it's been portrayed message seeking comment was left with Koffel Thursday. Ohio State said it learned of sexual misconduct allegations against Bohonyi on Aug. 10, 2014 and placed him on administrative leave. After an investigation, Bohonyi was fired on Aug. 29, 2014 Diving placed Bohonyi on their list of banned coaches in 2015. Bohonyi is scheduled to be sentenced on August 12. O\u2019Brien says he will ask for Bohonyi to be sent to prison. The Associated Press contributed to this report. Tags News will bohonyi Sexual Abuse At Ohio State usa diving Ohio State Related Content Travel with Rick Steves 89.7 2/21/25, 7:58 Fired Ohio State Diving Coach Pleads Guilty To Sexual Battery Against Underage Diver Public Media 2/6 Former Diving Coach Plans Not-Guilty Plea In Sexual Battery Case December 5, 2018 former Ohio State diving club coach plans to plead not guilty when he's arraigned on charges related to allegations that he had sex with a diver when\u2026 Ohio State Buckeyes Swiming and Diving Former Ohio State Diving Coach Indicted For Molesting Minor Ohio State Buckeyes Swiming and Diving Travel with Rick Steves 89.7 2/21/25, 7:58 Fired Ohio State Diving Coach Pleads Guilty To Sexual Battery Against Underage Diver Public Media 3/6 Nick Evans, November 30, 2018 Franklin County grand jury has indicted a former Ohio State University Diving Club coach on four felony counts after he allegedly coerced a minor into \u2022 0:54 Claims Against Ohio State Diving Club Dismissed From Lawsuit News Staff, August 29, 2018 The Ohio State University Diving Club is being dropped as a defendant in a federal lawsuit filed by female divers who say they were sexually abused and\u2026 Ohio State Buckeyes Swiming and Diving Travel with Rick Steves 89.7 2/21/25, 7:58 Fired Ohio State Diving Coach Pleads Guilty To Sexual Battery Against Underage Diver Public Media 4/6 Stay Connected \u00a9 2025 Public Media Donate News Classical 101 Classroom Ohio State Wants Lawsuit Over Sexual Abuse By Diving Coach Dismissed August 15, 2018 The Ohio State University Diving Club is asking a federal court to dismiss the claims against it in a lawsuit over allegations that a former coach\u2026 Ohio State Buckeyes Swiming and Diving Travel with Rick Steves 89.7 2/21/25, 7:58 Fired Ohio State Diving Coach Pleads Guilty To Sexual Battery Against Underage Diver Public Media 5/6 Productions About Editorial Integrity Careers Contact Closed Captioning Passport Help Online File Online File Online File If you have a disability and experience difficulty accessing this content request an accommodation. Travel with Rick Steves 89.7 2/21/25, 7:58 Fired Ohio State Diving Coach Pleads Guilty To Sexual Battery Against Underage Diver Public Media 6/6", "8290_103.pdf": "Yankees change beard policy Mark Williams, agent question nixed trade Canada beats Team USA, again LeBron nets 40 at 40, again Wemby Ex-Ohio State Diving coach William Bohonyi sentenced to 4 years for sexually abusing teen Women's basketball reporter Mon, Aug 12, 2019 Cassandra Negley former Ohio State University diving coach pleaded guilty to sexually abusing divers. (Photo by Mitchell Layton/Getty Images) William Bohonyi, a former Ohio State diving club and Diving coach, was sentenced on Monday to four years in prison for sexually abusing an underage student training at the Ohio State University Diving Club facility. Estee Pryor filed a lawsuit in July 2018 claiming she was sexually abused by the former assistant coach when she was 16 and he was 27. She said he pressured her for sex within weeks of starting at the diving club. Judge Michael Holbrook said a key factor in the sentencing was a violation of the coach-player relationship, per the Associated Press. Advertisement S\u2026 News Finance Sports Mail Sign in Daily Draw Soccer Women's Sports Combat Fantasy Watch Network More 2/21/25, 7:59 Ex Diving coach sentenced 4 years for sexual battery - Yahoo Sports 1/8 Judge, \u201cThe young lady said the magic word, trust. You violated that trust.\u201d SENTENCE: 24 months on each count prison time. @nbc4i \u2014 Danielle Grossman (@NBC4Danielle) August 12, 2019 Pryor gives statement at hearing Pryor gave a statement at the hearing Monday morning to \u201chold this man accountable,\u201d she said. She told the court room the situation has been a \u201cmess for years\u201d and it negatively affected her Olympic-hopeful diving career. She quit diving after the abuse. It all started on Snapchat, she said, and escalated within a week. \u201cHe had underage girls and it was a red flag,\u201d she said, according to Grossman. \u201cHe\u2019s been protected by the system, protected by people around him.\u201d \u201cHow are you supposed to care about a sport when your coach won\u2019t even care about you or your body. He\u2019s so good at manipulating people.\u201d Estee Pryor, Victim. @nbc4i \u2014 Danielle Grossman (@NBC4Danielle) August 12, 2019 Ohio State opened an investigation in August 2014 and found the coach violated the sexual harassment policy. He was fired within the month. According to a lawsuit filed against Diving, he continued to abuse Pryor from September 2014 to March 2015 and even after being placed on the \u201cpermanently ineligible list\u201d he was still coaching. Bohonyi reportedly sent 940 texts to Pryor asking her to not press charges, according to the Associated Press. She asked police in January 2018 to reopen a case and he was indicted for engaging in sexual encounters with her in a campus parking garage. Bohonyi admits to wrongdoing, hiding it News Finance Sports Mail Sign in Daily Draw Soccer Women's Sports Combat Fantasy Watch Network 2/21/25, 7:59 Ex Diving coach sentenced 4 years for sexual battery - Yahoo Sports 2/8 Bohonyi, now 33, admitted to the charge and apologized to Pryor during the sentencing, though she left the room after reading her statement know what did was wrong and that\u2019s why tried to hide it,\u201d Bohonyi said, via Bennett Haeberle of WBNS-10 was raised to know better and because of my selfish narcissistic behavior I\u2019m going to pay for this for the rest of my life.\u201d He was given two years of prison for each count of sexual battery. He will be listed on the sex offender registry for life, Haeberle reported, and could be granted conditional supervised release after one year. Bohonyi pleaded guilty to both counts earlier this summer, waiving a trial. His attorney called the relationship inappropriate, illegal and immoral. The lawsuit filed against Ohio State and Diving alleges Bohonyi sexually abused at least one other diver. Those filing the suit claimed Diving did not do enough to stop Bohonyi, which Pryor\u2019s attorney explained to NBC\u2019s Megyn Kelly last summer. The case against the Ohio State Diving Club was dismissed Deadspin] More from Yahoo Sports: Fantasy football sleepers: Five QBs who could be undervalued Biles makes history at U.S. Gymnastics Championships Brady unhappy with new helmet, like Raiders\u2019 Brown 1994 strike look at fan rage, and those who never came back News Finance Sports Mail Sign in Daily Draw Soccer Women's Sports Combat Fantasy Watch Network 2/21/25, 7:59 Ex Diving coach sentenced 4 years for sexual battery - Yahoo Sports 3/8 Advertisement Advertisement Advertisement News Finance Sports Mail Sign in Daily Draw Soccer Women's Sports Combat Fantasy Watch Network 2/21/25, 7:59 Ex Diving coach sentenced 4 years for sexual battery - Yahoo Sports 4/8 Advertisement Advertisement News Finance Sports Mail Sign in Daily Draw Soccer Women's Sports Combat Fantasy Watch Network 2/21/25, 7:59 Ex Diving coach sentenced 4 years for sexual battery - Yahoo Sports 5/8 Advertisement Advertisement News Finance Sports Mail Sign in Daily Draw Soccer Women's Sports Combat Fantasy Watch Network 2/21/25, 7:59 Ex Diving coach sentenced 4 years for sexual battery - Yahoo Sports 6/8 News Finance Sports Mail Sign in Daily Draw Soccer Women's Sports Combat Fantasy Watch Network 2/21/25, 7:59 Ex Diving coach sentenced 4 years for sexual battery - Yahoo Sports 7/8 News Finance Sports Mail Sign in Daily Draw Soccer Women's Sports Combat Fantasy Watch Network 2/21/25, 7:59 Ex Diving coach sentenced 4 years for sexual battery - Yahoo Sports 8/8", "8290_104.pdf": "Lawsuit alleges diving coach forced athletes into sex By Madison Park 4 minute read \u00b7 Updated 1:01 EDT, Tue July 17, 2018 lawsuit accuses Diving, the sport\u2019s governing body, of failing to protect its athletes after a diving coach was alleged to be sexually abusing female athletes. The class-action suit accuses William Bohonyi, who had been a diving coach, of sexually preying on at least two female divers and names him Diving and the Ohio State University Ex-Ohio State divers file sexual abuse lawsuit 01:21 2/21/25, 7:59 Lawsuit alleges diving coach forced athletes into sex 1/9 p y g , g y Diving Club as defendants. The lawsuit was filed last week in District Court in Indianapolis, where Diving is based. The suit alleges that Bohonyi forced two female athletes into having sex with him as well as repeatedly coercing them into sexual acts and making them send naked pictures of themselves. At least one was a minor at the time of the alleged abuse, the suit says doesn\u2019t usually name alleged victims of sexual assault. The lawsuit also alleges that Diving \u201cfailed to report Bohonyi to law enforcement for being a serial rapist,\u201d as required by law, and that despite banning him from membership in 2015, it did nothing to stop him from acting as a diving coach to other underage females through at least this May Diving knew or was willfully blind to the fact that \u2026 Bohonyi presented a clear and present danger to young female athletes,\u201d the lawsuit says. In response, Cait Cohn Diving\u2019s social media and communications coordinator, said, \u201cProviding a safe environment for our members is of tremendous importance to Diving, and we take these matters very seriously Diving is unable to comment further at this time has attempted to reach Bohonyi for comment. Abuse allegations The lawsuit describes troubling allegations of sexual abuse and rape of two former female divers. In 2009, a female diver had begun training with Bohonyi while she was at Indiana University. The suit alleges he \u201cdemanded oral sex\u201d from her and \u201cin doing so he forced her to trade sex for diving coaching.\u201d He is accused of forcing her \u201cinto having at least one sexual act a day while he was acting as her coach\u201d and forcing her \u201cto text him sexually explicit photos of herself.\u201d The student was frequently told: \u201cYou owe me this,\u201d according to the lawsuit. She transferred in the last two years of college to a different school. Another diver says she was 16 when Bohonyi began to sexually abuse her in 2014. The underage diver was \u201cpsychologically coerced\u201d into \u201cbelieving she was required to perform 2/21/25, 7:59 Lawsuit alleges diving coach forced athletes into sex 2/9 underage diver was psychologically coerced into believing she was required to perform sexual services in exchange for her continued involvement in diving,\u201d the lawsuit says. \u201cHe preyed on her age, vulnerability, and dreams of becoming an Olympian and used the power structure and imbalance of power (coach/athlete) to make her believe she was required to sexually service him in exchange for her involvement in diving for Team USA,\u201d the suit says. She was a member of the Ohio State University Diving Club, where Bohonyi coached. The club provides recreational diving lessons and is billed on its website as having the second-highest ranking junior Diving team in the nation teammate of the diver reported the abuse after seeing an alarming message on the teenager\u2019s phone in the summer of 2014, according to the suit. \u201cImmediately upon learning of the allegations regarding a dive club member in 2014 against Will Bohonyi, the university placed him on administrative leave and opened an administrative investigation,\u201d the university said in a statement. The university said it also notified Franklin County Children Services, university police and Diving at the time. University police opened an investigation on August 19, 2014, and its investigation was closed at the request of the diver, according to Benjamin Johnson, the university\u2019s director of media and public relations. University police also notified law enforcement in Maryland in August 2014, Johnson said. The university\u2019s administrative investigation continued and resulted in Bohonyi\u2019s termination nearly two weeks later in late August 2014, according to Johnson. The results of the administrative investigation were reported to Diving in 2014, he said. But the lawsuit alleges that the university came in possession of hundreds of nude pictures \u2013 or what it called \u201cchild pornography\u201d \u2013 of the teenager in 2014, and that four years later, \u201cno action has been taken by Ohio State or the Ohio State Police Department.\u201d The university said its police investigation was reopened in January after the former dive club member contacted it, and it\u2019s working with the Franklin County prosecutor\u2019s office. The lawsuit alleges that Diving initially refused to investigate Bohonyi, even though it received information about Ohio State\u2019s investigation in 2014. \u201cDespite this knowledge Diving did not decertify or otherwise ban, sanction, or report William Bohonyi until February 10, 2015,\u201d which was seven months later, the lawsuit says. 2/21/25, 7:59 Lawsuit alleges diving coach forced athletes into sex 3/9 Although Bohonyi was deemed ineligible for membership with Diving in 2015, the lawsuit alleges that the organization \u201chas taken no action whatsoever to enforce Bohonyi\u2019s ban.\u201d It said that he was openly coaching diving at an Ohio community center through at least the winter of 2017-18 and privately coaching Diving members up to two months ago. CNN\u2019s Darran Simon, Emily Smith and Janet DiGiacomo contributed to this report. Up next Alleged burglars targeted pro athletes and evaded authorities for months \u2014 until they took a selfie 6 minute read Seven men have been charged in connection with nationwide burglaries of professional athletes\u2019 homes 3 minute read \u2018Fixated\u2019 spectator ejected from Emma Raducanu\u2019s Dubai Tennis Championships match 2 minute read Jane Doe drops sexual assault lawsuit against Jay and Sean \u2018Diddy\u2019 Combs 3 minute read Emma Raducanu says she \u2018will be okay\u2019 after a man was ejected from her Dubai Tennis Championships match 2 minute read Most read 1 congressman faces criticism and several boos at Georgia town hall 2 Pentagon announces it plans to fire 5-8% of civilian workforce 3 Singer Chantal Kreviazuk changes lyrics of Canadian anthem at hockey game after Trump\u2019s 51st state remarks 2/21/25, 7:59 Lawsuit alleges diving coach forced athletes into sex 4/9 4 Dow tumbles more than 700 points as inflation and tariff fears mount 5 Steve Martin says Martin Short and Maya Rudolph are proof \u2018the 50th Covid curse is real\u2019 6 Trump wants to shake up the Postal Service. Here\u2019s what it\u2019ll mean for your deliveries. 7 Target is getting hit from all sides on 8 Judge vacates upcoming Eric Adams corruption trial but appoints conservative attorney to argue against dropping the case 9 Trump\u2019s antisemitism order leaves colleges uncertain and bracing for crackdown 10 consumer sentiment plunges over tariff and inflation fears Alleged burglars targeted pro athletes and evaded authorities for months \u2014 ... Seven men have been charged in connection with nationwide burglaries of ... \u2018Fixated\u2019 spectator ejected from Emma Raducanu\u2019s Dubai Tennis Championships congressman faces criticism and several boos at 2/21/25, 7:59 Lawsuit alleges diving coach forced athletes into sex 5/9 Sign in World Politics Business Markets Health Entertainment Tech Style Travel Georgia town hall Pentagon announces it plans to fire 5-8% of civilian workforce Singer Chantal Kreviazuk changes lyrics of Canadian anthem at hockey game after ... Search CNN... Live Listen Watch 2/21/25, 7:59 Lawsuit alleges diving coach forced athletes into sex 6/9 Travel Sports Science Climate Weather Ukraine-Russia War Israel-Hamas War Features Watch Listen About Terms of Use Privacy Policy Cookie Settings Ad Choices Accessibility About Newsletters Transcripts \u00a9 2025 Cable News Network Warner Bros. Discovery Company. All Rights Reserved Sans \u2122 & \u00a9 2016 Cable News Network 2/21/25, 7:59 Lawsuit alleges diving coach forced athletes into sex 7/9 2/21/25, 7:59 Lawsuit alleges diving coach forced athletes into sex 8/9 2/21/25, 7:59 Lawsuit alleges diving coach forced athletes into sex 9/9", "8290_105.pdf": "Former Ohio State Diving Coach Indicted For Molesting Minor 89.7 News \| By Nick Evans Published November 30, 2018 at 4:17 \u2022 0:54 Ohio State Buckeyes Swiming And Diving Franklin County grand jury has indicted a former Ohio State University Diving Club coach on four felony counts after he allegedly coerced a minor into sexual acts. The indictment comes more than four years after William Bohonyi was suspended and eventually fired by Ohio State. Franklin County Prosecutor Ron O\u2019Brien says the charges include three counts of sexual battery, and one count of sexual pandering tied to a video made of the then-16-year-old girl. \u201cThe charges are second and third degree felonies that carry maximum penalties of up to eight years on the second degree felony, which is the videotaping, and up to five Donate Travel with Rick Steves 89.7 2/21/25, 7:59 Former Ohio State Diving Coach Indicted For Molesting Minor Public Media 1/6 years on the sexual battery counts,\" O'Brien says. In an emailed statement, a university spokesman emphasizes how quickly the school responded. \u201cOhio State learned of the allegations on Aug. 10, 2014,\u201d the statement reads, \u201cplaced Bohonyi on administrative leave that same day, restricted his access to university facilities, and immediately opened an investigation that resulted in his termination on Aug. 29, 2014.\u201d University police investigated the allegations at the time, but suspended their work at the girl\u2019s request. She asked they resume the investigation early this year. \u201cWhich did earlier this year, and brought to us would say this summer,\" O\u2019Brien explains. \"We had them do some additional work and we subpoenaed some material and the victim and her family helped provide some additional information.\u201d Prosecutors will arraign Bohonyi next week. Tags News ohio state diving club will bohonyi Sexual Abuse At Ohio State Ohio State Sexual Abuse Nick Evans Nick Evans was a reporter at WOSU's 89.7 News. He spent four years in Tallahassee, Florida covering state government before joining the team at WOSU. See stories by Nick Evans Related Content Travel with Rick Steves 89.7 2/21/25, 7:59 Former Ohio State Diving Coach Indicted For Molesting Minor Public Media 2/6 Claims Against Ohio State Diving Club Dismissed From Lawsuit News Staff, August 29, 2018 The Ohio State University Diving Club is being dropped as a defendant in a federal lawsuit filed by female divers who say they were sexually abused and\u2026 Ohio State Buckeyes Swiming and Diving Ohio State Wants Lawsuit Over Sexual Abuse By Diving Coach Dismissed Ohio State Buckeyes Swiming and Diving Travel with Rick Steves 89.7 2/21/25, 7:59 Former Ohio State Diving Coach Indicted For Molesting Minor Public Media 3/6 August 15, 2018 The Ohio State University Diving Club is asking a federal court to dismiss the claims against it in a lawsuit over allegations that a former coach\u2026 Ohio State Creates Office For Handling Harassment Complaints August 21, 2018 Ohio State University has announced the creation of a centralized office for responding to sexual- and gender-based harassment, violence and other types\u2026 Ohio State University Travel with Rick Steves 89.7 2/21/25, 7:59 Former Ohio State Diving Coach Indicted For Molesting Minor Public Media 4/6 Stay Connected \u00a9 2025 Public Media Donate News Classical 101 Classroom Ohio State Coach Groomed Divers For Sex, Woman Alleges Andrew Welsh-Huggins, July 24, 2018 former Ohio State University diving club coach began pressuring a female diver for sex within weeks after meeting her when she was 16, the former diver\u2026 Ohio State Buckeyes Swiming and Diving Travel with Rick Steves 89.7 2/21/25, 7:59 Former Ohio State Diving Coach Indicted For Molesting Minor Public Media 5/6 Productions About Editorial Integrity Careers Contact Closed Captioning Passport Help Online File Online File Online File If you have a disability and experience difficulty accessing this content request an accommodation. Travel with Rick Steves 89.7 2/21/25, 7:59 Former Ohio State Diving Coach Indicted For Molesting Minor Public Media 6/6", "8290_106.pdf": "Ex-Ohio St. diving coach gets 4 years in prison 6y How Livvy Dunne became one of the most recognizable names in sports 11h - D'Arcy Maine 2025 draft rankings: Which college star is No. 1 on our initial list? 14h - Kiley McDaniel Leagues back bill to disable drones at stadiums 1d - Tisha Thompson brass seek Congress' help on college sports 2d Gators hire Marquette's Theis as volleyball coach 4d Nebraska play-by-play voice Sharpe dies at 61 6d hands volleyball coach extension after title 7d Judge denies slugger Osuna's injunction request 8d Women's flag football endorsed as emerging sport 9d College softball rankings: The Top 25 teams after Week 2 3d College baseball preview: The storylines, teams and players to watch in 2025 Aug 12, 2019, 09:32 Share COLUMBUS, Ohio former Ohio State diving club coach accused of abusing that role and having sex with a diver when she was a teenager was sentenced Monday to four years in prison after pleading guilty to sexual battery. Estee Pryor has said William Bohonyi began pressuring her for sex when she was 16. At Bohonyi's sentencing in Columbus, Pryor told the judge she has lived for years with the Associated Press Ex-Ohio St. diving coach gets 4 years in prison 2/21/25, 7:59 Ex-Ohio St. diving coach gets 4 years in prison 1/3 7d College baseball Week 1: Top 25 consequences of being manipulated by her coach, while he hadn't been held accountable for what happened or for trying to cover it up. \"It's pretty repetitive in the news about this taking advantage of that power, but it is just that,\" Pryor said, repeatedly pointing at the defendant. \"And why I'm here today is actually to hold this man accountable.\" The Associated Press doesn't typically name victims of sexual assault, but Pryor has identified herself publicly and been vocal about the allegations. She left the courtroom before Bohonyi, 33, made his statement. He told the judge he is sorry for the damage done know what did was wrong, and that is why tried to hide it. ... Because of my selfish and narcissistic behavior and thought process am going to pay for this for the rest of my life,\" said Bohonyi, who will have to register as a sex offender. Franklin County Judge Michael Holbrook said a key factor in deciding the prison sentence was how Bohonyi violated the athlete's trust through his position as a coach. Holbrook said he could consider granting judicial release after Bohonyi serves at least a year, if he stays out of trouble. County Prosecutor Ron O'Brien said he thinks the prison sentence sends a warning message to the coaching community and others in positions of trust about not abusing their authority to hurt those in their care. Bohonyi was fired in 2014 after Ohio State learned about and investigated the allegations. The investigation was closed back then and reopened last year, both at Pryor's request. Prosecutors say Bohonyi tried to get her to change her story. Bohonyi's lawyer, Brad Koffel, argued for leniency at the sentencing, suggesting that the sex-offender designation and years of probation would be sufficient punishment. Koffel said there is no evidence of similar behavior involving Bohonyi and other women -- a point the prosecutor disputed, pointing to a federal lawsuit that has been on hold while the criminal case was ongoing. In that case, other divers have joined Pryor in suing Indianapolis-based Diving, alleging it didn't do enough to stop Bohonyi. Terms of Use Privacy Policy Interest-Based Ads Enterprises, Inc. All rights reserved. 2/21/25, 7:59 Ex-Ohio St. diving coach gets 4 years in prison 2/3 Diving has said it didn't knowingly participate in alleged misconduct. Terms of Use Privacy Policy Interest-Based Ads Enterprises, Inc. All rights reserved. 2/21/25, 7:59 Ex-Ohio St. diving coach gets 4 years in prison 3/3"}
7,268	Daniel Gula	Central Connecticut State University	[ "7268_101.pdf", "7268_102.pdf", "7268_103.pdf", "7268_104.pdf", "7268_105.pdf", "7268_106.pdf", "7268_107.pdf" ]	{"7268_101.pdf": "\uf060 \uf044 \uf02f \uf1c1 The Recorder \u2022 April 19, 2017 \u2022 student-that-was-sexually-assaulted-speaks-for-the-first-time/ Shattered Trust Student That Was Sexually Assaulted By Professor That Resigned And Later Taught At Women\u2019s College by Analisa Novak Although room 212 of Willard Hall is no longer in use, the traumatic memory of what occurred there still exists for former Central Connecticut State University student, Shannon Cunningham. This is where she was sexually assaulted by then Adjunct Professor Daniel Gula, according to multiple court documents. Cunningham said that her attack happened when her guard was down the most and in broad daylight. \u201cThe location was without a doubt safe. It wasn\u2019t in a dark ally, in a dark parking lot or parking garage. It was on a state university campus, around 5 p.m. The sun still out and shinning bright when walked in. Classes in session all around , students and faculty walking around outside can see the students and professors teaching in the rooms; doors are open,\u201d Cunningham said in a victim statement to the court. Before the assault, Cunningham said she respected Gula after she met him through a chance encounter. They spoke about Italian culture and museums, and had previously met in his office before where they shook hands as she left. She never expected that weeks after meeting him he would trap her in a room, grab her breast, grind on her buttocks and expose himself to her. According to the arrest warrant, Cunningham met with Gula on Sept. 15, 2014 to discuss an event she had attended. They conversed in his office and Gula shut the door due to noise. Once the door was shut, the conversation then shifted with Gula playing with his wedding ring and saying \u201cshinny shinny, pretty pretty.\u201d Cunningham thought this was odd and got ready to leave for class. It was then that Gula asked her for a high-five, instead of the normal handshake they would do. Shortly after, he asked Cunningham to hug him. As they hugged, it was then that he squeezed her, so tightly that Cunningham heard the professor\u2019s shoulder pop. \u201cThe hug was only a way to restrain me,\u201d Cunningham said in her victims statement. Cunningham still remembers how she was backed into a small corner of the room, as Gula began to sexually assault her. \u201cHe backed me into a wall between the first desk in the room on the left and book shelves to the right. The area felt small felt trapped remember feeling like my brain was numb and body was numb all over couldn\u2019t think clear\u2026it wasn\u2019t registering what was happening to me\u2026.it was as if my brain was on overload and wasn\u2019t connected,\u201d Cunningham said in the victim statement. \uf060 Cunningham told police that the more she tried to get away, the more aggressive Gula became kept trying to pull his arms and hands off my breasts and body. He was untouched by my words to stop. He continued pulling and grabbing at my breasts,\u201d Cunningham said in the victim statement. Cunningham said the event lasted eight to nine minutes, but felt like it was never ending. She was fearful that if she screamed, Gula would do something else. \u201cMy thinking wasn\u2019t clear, but was terrified and numb. If screamed or made any sudden moves didn\u2019t know if he would strangle me, to shut me up. His hands had been so close to my neck had no idea who this monster was had no idea what else he was capable of doing,\u201d said Cunningham in the victims statement. Cunningham told police that she was unable to yell but she did manage to convince Gula to stop. She then escaped the room and went to class, although she was very late. Days later with the support of her friends, Cunningham went to the Ruth Boyea Women\u2019s Center and reported the assault. The case was then passed on to the Office of Diversity and Equity. According to the arrest warrant Police then spoke to Cunningham and she told them about the assault that had occurred. Later that day, Gula came into the Police Department to speak to the them. According to the arrest warrant, he was told that he was not under arrest and could leave at anytime. According to the arrest warrant, Gula adamantly denied any sexual misconduct, only stating that he gave her a hug Police then told Gula that Cunningham was not going to be pressing charges, and they were looking to get the truth to close the investigation. It was then that Gula admitted to the assault and signed a sworn voluntary statement, attesting that what he did to Cunningham was true. After the interview was over, he was allowed to leave the police station, according to the arrest warrant. Cunningham said in the victim statement that the Police told her they had took Gula\u2019s badge and keys, and fired him. Cunningham elected to be withdrawn from her courses and was issued a refund. Months later, according to an investigation report done by Chief Diversity Officer Rosa Rodriguez, the report concluded that Gula violated the Board Of Regents and Connecticut State Colleges and University\u2019s Sexual Misconduct, Sexual Assault and Intimate Partner Violence Policy. The conclusion of the investigation was that the case was completed and closed, as Gula resigned from his position before the investigation was completed according to the report. After Gula resigned from CCSU, he then went on to teach at the University of Saint Joseph, a mostly female university. \u201cDaniel Thomas Gula was an adjunct faculty member here from Aug. 24, 2015 to Sept. 4, 2015,\u201d said University of Saint Joseph marketing director, Diana Sousa. Almost a year after the assault, Cunningham decided to press charges when she discovered that Gula was never fired from CCSU. Cunningham said she feels betrayed by because they allowed him to resign, thus allowing him to go teach at other universities believed he was fired believed they took his badge and keys the day he confessed believed this would forever stain his teaching record. After all, it was a criminal act, a felony or two and misdemeanor and not just policy violations believed that a university had obligations by law to ensure the safety of their campus and other campuses,\u201d Cunningham said in the victim statement. On Aug. 14, 2015, Cunningham along with Victim Advocate and Violence Protection Specialist Sarah Dodd, met with Police where Cunningham then pressed charges. Gula was arrested for third degree sexual assault, second degree unlawful restraint and disorderly conduct. \uf060 Gula pleaded no contest and was found guilty of second-degree unlawful restraint and first degree reckless endangerment. He was sentenced to a one\u2010year suspended jail sentence and two years probation. According to Cunningham, a judge suppressed Gula\u2019s confession because he confessed under the impression he would not be arrested. Cunningham has currently filed a civil suit against Gula and she is being represented by Nina Pirrotti. The event took place more than three years ago, but Cunningham is still suffering from post traumatic stress. \u201cIt has affected everything in my life would say prior to his crimes against me was a strong woman, able to overcome anything believed in myself could count on myself. Now live in this place that is guarded by fear of the unknown have never been so scared, humiliated or degraded in my whole life have lost my independence,\u201d Cunningham said. Cunningham still is haunted by what occurred at and how administrators handled it. She wants students to know of what occurs behind closed doors. \u201cStudents and campuses have a right to know what happens on their campus. That when an institution fails to address the horrible acts of a faculty member or anyone, committing such violations of law, that the criminal court will serve justice and hold the individual accountable had no control over the investigation by Police had no idea my life would be changed forever after the crime Police had an obligation to process this assault for the crime that it was sexual assault,\u201d Cunningham said in the victim statement.", "7268_102.pdf": "by: Scott Powell Posted: Mar 1, 2017 / 09:32 Updated: Mar 1, 2017 / 09:32 BRITAIN, Conn former Central Connecticut State University (CCSU) student has filed a lawsuit against the professor she has alleged sexually assaulted her while attending the college. In a release sent to News 8, Nina Pirrotti of Garrison Levin\u2010Epstein Fitzgerald & Pirrotti announced that she has filed a lawsuit on Jan. 31, 2017 on behalf of her client, Shannon Cunningham, against Daniel Gula, formerly a professor at CCSU. The complaint alleges that while Cunningham was a student at and Daniel Gula was a professor there, he sexually assaulted her in his office. The release states that Cunningham reported his conduct against her to the Woman\u2019s Center at CCSU, the university\u2019s Title Officer and the Police Department. The firm announced that according to police reports, Gula confessed to the conduct. Cunningham\u2019s attorneys say that she initially did not wish to pursue a criminal case against Gula but, when she found out that had permitted him to resign and that he subsequently was able to secure employment as a professor in an all\u2010women\u2019s college, she sought his arrest and prosecution. On Jan. 31, 2017, Gula entered a plea of nolo contendere after which the court entered a verdict of guilty of the crimes of unlawful restraint in the Former professor who was sentenced for inappropriate behavior now facing lawsuit 26 2/21/25, 8:01 Former professor who was sentenced for inappropriate behavior now facing lawsuit 1/11 second-degree, reckless endangerment in the first-degree and Coercion and sentenced Gula to a one\u2010year suspended jail sentence and two years\u2019 probation. According to Cunningham\u2019s attorney\u2019s, she has filed this lawsuit because \u201cshe is determined to do what she can to hold Daniel Gula fully accountable for his actions, not only for her sake but for the sake of all female students with whom he may interact now or in the future\u201d. Copyright 2025 Nexstar Media Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed Storm Team 8 \| Video Forecast More Videos > Next > Cancel \u2715 Next story in > Cancel Next story in 2/21/25, 8:01 Former professor who was sentenced for inappropriate behavior now facing lawsuit 2/11 Top Stories Looking good and more comfortable for this last weekend \u2026 Wrong-way detection systems activated 300 times Farmington celebrating two cultural districts 3 New Haven men found guilty of producing fake pills Board approves conditional release of cannibal killer > Next > Next story in > Next story in 2/21/25, 8:01 Former professor who was sentenced for inappropriate behavior now facing lawsuit 3/11 Looking good and more comfortable for this last weekend \u2026 Cryptocurrency exchange says it was victim of $1.5 \u2026 Judge largely blocks Trump\u2019s executive orders ending \u2026 New director Kash Patel plans to relocate up \u2026 Woman accused of drugging and robbing older men in offers resolution on war in Ukraine that stops mayor dismisses fire chief over response to most \u2026 Trump fires chairman of the Joint Chiefs of Staff More Stories > Next > Next story in > Next story in 2/21/25, 8:01 Former professor who was sentenced for inappropriate behavior now facing lawsuit 4/11 Farmington celebrating two cultural districts 3 hours ag > Next > Next story in > Next story in 2/21/25, 8:01 Former professor who was sentenced for inappropriate behavior now facing lawsuit 5/11 More Videos Firefighters get extra training at annual Winter \u2026 8 hours ago Mayor names interim police chief as search for permanent \u2026 9 hours ag Blumenthal calls for reversal of layoffs 16 hours ago West Hartford synagogue holds vigil to honor Israeli \u2026 16 hours ag Hartford synagogue holds vigil to honor Israeli family \u2026 22 hours ago > Next > Next story in > Next story in 2/21/25, 8:01 Former professor who was sentenced for inappropriate behavior now facing lawsuit 6/11 News 8 Breaking News Alerts Enter Your Email WTNH.com Video More Videos 1 Silent shift: Perimenopause mystery > Next > Next story in > Next story in 2/21/25, 8:01 Former professor who was sentenced for inappropriate behavior now facing lawsuit 7/11 8 Current 26\u00b0 Clear Tonight 18\u00b0 Mostly Clear Precip: 4% Tomorrow 37\u00b0 Mostly Sunny Precip: 4% 2 Questions remain surrounding death of 19-year-old 3 Flight anxiety increasing after plane crashes 4 Board approves conditional release of cannibal killer 5 spring weather predictions released by 6 How much does illegal immigration cost Connecticut? 7 Diner in Milford closing its doors after 85 years 8 5 charged after Bridgeport absentee ballot investigation News 8 Daily News Enter Your Email > Next > Next story in > Next story in 2/21/25, 8:01 Former professor who was sentenced for inappropriate behavior now facing lawsuit 8/11 News Weather Traffic Sports Report It! On-Air Television Schedule Public File (WTNH) Children\u2019s Report Public File (WCTX) Watch News 8 for chance to win $200 Big gift card Contests 1 day ago > Next > Next story in > Next story in 2/21/25, 8:01 Former professor who was sentenced for inappropriate behavior now facing lawsuit 9/11 Children\u2019s Report Public File Report Public File Contact Closed Captioning Contacts Jobs at News 8 Internships Get News App Stay Connected Privacy Policy 11/18/2024 Terms Of Use Applications Public File Assistance Contact The Hill NewsNation BestReviews Content Licensing Nexstar Digital Journalistic Integrity Sitemap Do Not Sell or Share My Personal Information \u00a9 1998 - 2025 Nexstar Media Inc. \| All Rights Reserved > Next > Next story in > Next story in 2/21/25, 8:01 Former professor who was sentenced for inappropriate behavior now facing lawsuit 10/11 > Next > Next story in > Next story in 2/21/25, 8:01 Former professor who was sentenced for inappropriate behavior now facing lawsuit 11/11", "7268_103.pdf": "former professor arrested after allegations that he sexually assaulted a student is now being sued. Shannon Cunningham filed a lawsuit on ... gula-mug former professor arrested after allegations that he sexually assaulted a student is now being sued. Lawsuit filed against professor claiming sexual assault Author: Jim McKeever Published: 11:00 February 3, 2017 Updated: 2:36 February 3, 2017 Helping human trafficking victims in Connecticut \uf110 00:00 / 00:00 \uf026 \uf064 \uf04b x 2/21/25, 8:01 Lawsuit filed against professor claiming sexual assault \| fox61.com 1/3 Shannon Cunningham filed a lawsuit on Tuesday against Daniel Gula, 52, formerly a professor at Central Connecticut State University. The lawsuit alleges that while Cunningham was a student at and Gula was a professor there, he sexually assaulted her in his office. Cunningham claims she reported his conduct against her to the Woman\u2019s Center at CCSU, the university\u2019s Title Officer and the Police Department. According to police reports, Gula confessed to the conduct and was arrested. Cunningham initially didn\u2019t wish to pursue a criminal case against Gula, according to her lawyer, but when she found out that had permitted him to resign and that he subsequently was able to secure employment as a professor in an all\u2010women\u2019s college, she sought his arrest and prosecution. Gula was found guilty of second-degree unlawful restraint and first degree reckless endangerment, and was sentenced to a one\u2010year suspended jail sentence and two years\u2019 probation. Cunningham\u2019s lawyer said she has \u201cfiled this lawsuit because she is determined to do what she can to hold Gula fully accountable for his actions, not only for her sake but for the sake of all female students with whom he may interact now or in the future.\u201d War Thunder \| Sponsored Play War Thunder now for free Fight in over 2000 unique and authentic Vehicles. Fight on Land, on Water and in the Air. Join the most comprehensive vehicular combat game. Over 2000 tanks, ships and aircraft. Play Now Techno Mag \| Sponsored Crossout \| Sponsored Crossout: New Apocalyptic Check out the new Crossout 2.0 for free. Discover PvP and PvE in our upgraded Action MMO. Countless unique Vehicles, PvE and PvP, Trading. Are you ready? Destroy vehicles your opponent took hours to \u2026 Play Now Access all channels anywhere, anytime 2/21/25, 8:01 Lawsuit filed against professor claiming sexual assault \| fox61.com 2/3 War Thunder \| Sponsored Join new Free to Play War Thunder Fight in over 2000 unique and authentic Vehicles. Fight on Land, on Water and in the Air. Join the most comprehensive vehicular combat game. Over 2000 tanks, ships and aircraft. Play Now Techno Mag \| Sponsored Crossout \| Sponsored Crossout 2.0: Supercharged Check out the new Crossout 2.0 for free. Discover PvP and PvE in our upgraded Action MMO. Countless unique Vehicles, PvE and PvP, Trading. Are you ready? Destroy vehicles your opponent took hours to \u2026 Play Now All Channels for Only $49 (Buy Now 2 Pharmacy stores in Hartford will close during the next 2 months JSO: Former college basketball player arrested for killing mother in Durkeeville home ARTICLE... 2/21/25, 8:01 Lawsuit filed against professor claiming sexual assault \| fox61.com 3/3", "7268_104.pdf": "Advertise with us Report ad By The Associated Press \| Posted - Sept. 4, 2015 at 2:11 p.m. Leer en espa\u00f1ol Estimated read time: Less than a minute This archived news story is available only for your personal, non-commercial use. Information in the story may be outdated or superseded by additional information. Reading or replaying the story in its archived form does not constitute a republication of the story BRITAIN, Conn former Central Connecticut State University professor has been arrested on charges of sexually assaulting a student. Daniel Gula (GOO-'la) was accused last year of the assault. New Britain police arrested him Wednesday on charges of sexual assault, unlawful restraint and disorderly conduct. Gula was arrested this week because the victim decided to pursue charges when he resigned rather than be fired, leaving open the possibility he could be hired elsewhere. Fox reports ( ) that the university asked him to resign. Learn More Secure Online Transactions John Hancock Sold Skip the Verified Sellers Trusted Financing Ex professor charged with sex assault against student U.S. Home 0 \uea8c \ue700 \ue600 \ue954 \ue901 Save Story News Sports Beyond Series Brandview Radio Obituaries 36 2/21/25, 8:01 Ex professor charged with sex assault against student \| KSL.com 1/7 Advertise with us Report ad U.S. The Associated Press The student told the university she chose Gula, an adjunct English professor, as a mentor. The two exchanged emails and the alleged assault took place during a visit to Gula's office. Gula's Hartford lawyer, Salvatore Bonanno, said he's gathering information about the allegations university spokesman declined to comment. Copyright \u00a9 The Associated Press. All rights reserved. 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News Sports Beyond Series Brandview Radio Obituaries 36 2/21/25, 8:01 Ex professor charged with sex assault against student \| KSL.com 5/7 Advertise with us Report ad News Sports Beyond Series Brandview Radio Obituaries 36 2/21/25, 8:01 Ex professor charged with sex assault against student \| KSL.com 6/7 \uea8c \ue700 \uea92 \ue900 \uea9d \ue903 \uea93 Mobile Apps \| Newsletter \| Advertise \| Contact Us \| Careers with KSL.com \| Product Updates Terms of use \| Privacy Statement Notice \| Manage My Cookies Public File Report Public File Radio Public File Radio Public File \| Closed Captioning Assistance \u00a9 2025 KSL.com Broadcasting Salt Lake City \| Site hosted & managed by Deseret Digital Media - a Deseret Media Company News Sports Beyond Series Brandview Radio Obituaries 36 2/21/25, 8:01 Ex professor charged with sex assault against student \| KSL.com 7/7", "7268_105.pdf": "From Casetext: Smarter Legal Research State v. Gula Superior Court of Connecticut Jul 25, 2016 H15NCR150279666S (Conn. Super. Ct. Jul. 25, 2016) Copy Citation Download Check Treatment Meet CoCounsel, pioneering that\u2019s secure, reliable, and trained for the law. Try CoCounsel free H15NCR150279666S 07-25-2016 State of Connecticut v. Daniel Gula Ingrid L. Moll, Judge Ingrid L. Moll, Judge. Sign In Search all cases and statutes... Opinion Case details 2/21/25, 8:01 State v. Gula, H15NCR150279666S \| Casetext Search + Citator 1/9 Before the court is Defendant Daniel Gula's (defendant) Motion to Suppress Statement of the Defendant dated February 9, 2016 (motion). For the reasons discussed below, the motion is granted On or about February 9, 2016, the defendant filed the motion, moving to suppress all statements made by the defendant to members of the Central Connecticut State University (CCSU) Police Department (department) during the course of the department's investigation (specifically, those statements made during an interview on September 29, 2014). On April 27, 2016, the court conducted an evidentiary hearing on the motion (hearing). At that time, the court heard testimony from one witness, Denzel Samuda, a detective with the department. Thereafter, the parties submitted post- hearing briefs. On June 14, 2016, the parties presented oral argument. 1 1 See Practice Book \u00a7 41-12 (\" Upon motion, the judicial authority shall suppress potential testimony or other evidence if it finds that suppression is required under the constitution or laws of the United States or the state of Connecticut In deciding the motion, the court finds the following facts. At all relevant times, the defendant was an adjunct professor at CCSU, in his early 50s. The alleged victim who is referred to herein, in the warrant, and at the hearing as Jane Doe (Doe)--was a student at CCSU. The defendant was not one of Doe's professors. The defendant and Doe struck up a friendship; Doe visited the defendant at least a few times in his classroom or in his office. On one such occasion, the defendant tried to kiss Doe; when she resisted, the defendant tried to grope her. Approximately two weeks later, on September 29, 2014, Doe reported the incident to Samuda. On that date, at approximately 11:00 a.m., Doe gave a written statement to the department, indicating that she did not wish to 2/21/25, 8:01 State v. Gula, H15NCR150279666S \| Casetext Search + Citator 2/9 pursue charges against the defendant. As a result, the department immediately decided not to pursue criminal charges against the defendant. Notwithstanding such decision not to pursue criminal charges, the department decided it should speak to the defendant (1) to make him aware of the complaint and to give him an opportunity to tell his side of the story and (2) to determine whether to notify for employment purposes (i.e., for student safety). Accordingly, the department telephoned the defendant, and later that same day, at approximately 5:00 p.m., the defendant voluntarily went to the department's station on campus and met with Samuda and Samuda's supervisor, Lieutenant Edward Dercole. The meeting lasted for approximately 40 minutes. During the meeting, Dercole and Samuda told the defendant that he was not under arrest and that he could leave at any time. The defendant was not advised of his constitutional rights. The defendant did not exhibit signs of being under the influence of alcohol or drugs or having any apparent mental or physical impairment. The defendant was not restrained by handcuffs or other physical restraint. The defendant told Dercole and Samuda that he did not know the purpose of the meeting. Dercole and Samuda informed the defendant of Doe's complaint. The defendant acknowledged that he knew Doe and questioned her motivation in bringing the complaint (i.e., whether she was after his money). Dercole and Samuda described Doe's allegations in detail, and the defendant denied everything. They told the defendant that Doe did not wish to press charges, that he was not going to be arrested, and that they just wanted to get to the truth of the matter. Dercole and Samuda asked the defendant to take a polygraph examination; the defendant initially agreed, then declined, claiming that such examinations are unreliable. Dercole and Samuda repeatedly told the defendant that they were simply trying to arrive at the truth, that Doe did not wish to pursue criminal charges, and that he would not be arrested. The defendant was told that he would not be arrested even if a polygraph examination showed that he was not telling the truth about the incident. Thereafter, toward the end of the interview, the defendant gave a signed, sworn statement, in which he 2/21/25, 8:01 State v. Gula, H15NCR150279666S \| Casetext Search + Citator 3/9 admitted Doe's allegations (confession). Significantly, it was only after the defendant felt comfortable that he would not be arrested that he gave a confession. The meeting ended at that point, and the defendant was not arrested at that time. The defendant was later arrested pursuant to an arrest warrant, signed by the Honorable Robert Nastri on August 28, 2015, and charged with sexual assault in the third degree, unlawful restraint in the first degree, and disorderly conduct The defendant claims that his statements and confession were procured in violation of his due process rights under the fifth and fourteenth amendments of the United States constitution and article first, section 8, of the Connecticut constitution because they were not voluntarily made. That is, he contends that the department's promise not to arrest him rendered his inculpatory statements involuntary. The court agrees. 2 3 2 The voluntariness of a confession and compliance with Miranda involve analytically separate inquiries. The defendant does not claim that the department subjected him to custodial interrogation without the benefit of proper Miranda warnings. See Miranda v. Arizona, 384 U.S. 436, 478-79, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). In this connection, the parties appear to agree that the defendant was not in custody at the time he made the statements that are the subject of the motion. 3 The defendant makes no assertion that he is entitled to any greater protection under the due process clause of article first, \u00a7 8, of the state constitution than under its federal counterpart. Accordingly, the court applies a federal constitutional analysis. See, e.g., State v. Pinder, 250 Conn. 385, 418 n.31, 736 A.2d 857 (1999); see also id. (noting that, under either analysis, the state bears the burden of proving the voluntariness of a confession by a preponderance of the evidence). The principles governing the voluntariness of a defendant's statements are generally well settled. \" [T]he use of an involuntary confession in a criminal trial is a violation of due process . . . The state has the burden of proving the 2/21/25, 8:01 State v. Gula, H15NCR150279666S \| Casetext Search + Citator 4/9 voluntariness of the confession by a fair preponderance of the evidence . . . [T]he test of voluntariness is whether an examination of all the circumstances discloses that the conduct of law enforcement officials was such as to overbear [the defendant's] will to resist and bring about confessions not freely self-determined . . . The ultimate test remains . . . Is the confession the product of an essentially free and unconstrained choice by its maker? If it is, if he has willed to confess, it may be used against him. If it is not, if his will has been overborne and his capacity for self- determination critically impaired, the use of his confession offends due process . . . The determination, by the trial court, whether a confession is voluntary must be grounded upon a consideration of the circumstances surrounding it . . . \" Factors that may be taken into account, upon a proper factual showing, include: the youth of the accused; his lack of education; his intelligence; the lack of any advice as to his constitutional rights; the length of detention; the repeated and prolonged nature of the questioning; and the use of physical punishment, such as the deprivation of food and sleep . . . (Internal quotation marks omitted; alterations in original.) State v. Lawrence, 282 Conn. 141, 153, 920 A.2d 236 (2007). \" Ordinarily, a court will deem a statement or confession involuntary only if there is some coercive police conduct that is causally related to it.\" State v. Castillo, 165 Conn.App. 703, 724, 140 A.3d 301 (2016) (citing State v. Reynolds, 264 Conn. 1, 54, 836 A.2d 224 (2003)). \" Because of this essential link between coercive activity of the [s]tate, on the one hand, and a resulting confession by a defendant, on the other . . . mere examination of the [defendant's] state of mind [although relevant to an assessment of the defendant's susceptibility to police coercion] can never conclude the due process inquiry.\" (Citation omitted; internal quotation marks omitted; alterations in original.) State v. Reynolds, supra, 54. \" In applying the totality of the circumstances test, those factors that a court should consider to determine whether an accused's confession is voluntary center around three sets of circumstances: (1) the characteristics of the accused, (2) the conditions of interrogation, and (3) the conduct of law enforcement officials . . . [T]hese factors are not to be weighed against one 2/21/25, 8:01 State v. Gula, H15NCR150279666S \| Casetext Search + Citator 5/9 another on a balance scale, with those favorable to a free and voluntary confession offsetting those tending to the contrary. Instead, the situation surrounding the giving of a confession may dissipate the import of an individual factor that might otherwise have a coercive effect . . . Even after analyzing such dilution, if any, a single factor or a combination of factors considered together may inevitably lead to a conclusion that under the totality of circumstances a suspect's will was overborne and the confession was not therefore a free and voluntary act . . .\" (Citations omitted.) Green v. Scully, 850 F.2d 894, 901-02 (2d Cir. 1988). \" No single criterion controls whether an accused's confession is voluntary; whether a confession was obtained by coercion is determined only after careful evaluation of the totality of the surrounding circumstances.\" Green v. Scully, supra, 850 F.2d 901. This totality of the circumstances test applies equally to those settings in which there is the presence of a direct or implied promise. Id. \" Thus, the inquiry in each case is whether such a promise overbears a suspect's will, as the promise of leniency did in Bram [ v. United States, 168 U.S. 532, 542-43, 18 S.Ct. 183, 42 L.Ed. 568 (1897)], either alone or in conjunction with other factors.\" Id. As an initial matter, the court addresses the defendant's argument, made for the first time at oral argument, that, in adjudicating the instant motion, the court should not consider the underlying arrest warrant because it was not admitted into evidence at the hearing and amounts to hearsay. During oral argument, the state strongly objected to the defendant's contention. First, the court finds that the defendant waived this argument because he relied on, and expressly quoted from, the arrest warrant in his June 6, 2016 post- evidentiary hearing brief (see pages 2-3, and 5). Second, because the court concludes that the outcome of the defendant's motion does not depend on whether the court considers the allegations in the arrest warrant and is the same in either event, the defendant suffers no harm from the court's consideration of the warrant. Indeed, the allegations in the arrest warrant bolster the defendant's position. Most notably, the warrant at paragraph 17 alleges: \" [O]nce he felt comfortable that he was not getting arrested, and after denying all allegations on several occasions, [the defendant] decided to tell us the truth.\" The causal connection between the promise not to arrest and the confession that followed will be discussed more fully below. 2/21/25, 8:01 State v. Gula, H15NCR150279666S \| Casetext Search + Citator 6/9 The defendant's motion presents the seemingly unusual factual setting in which a defendant, who is not in custody (and who is not administered Miranda warnings), gives a confession in a relatively short police interview after the police make an unequivocal promise not to pursue criminal charges. Having carefully considered the record, the court concludes that, under the totality of the circumstances, the defendant's confession was not voluntarily given, as it was not \" the product of an essentially free and unconstrained choice by its maker.\" State v. Lawrence, supra, 282 Conn. 153. Against the backdrop of the defendant's interview at the department's headquarters without counsel and without the benefit of Miranda warnings, the department unequivocally promised the defendant that it would not pursue criminal charges against him. Although the department's initial decision not to pursue criminal charges was based on Doe's wishes at the time (which later changed), the promise made by the department to the defendant was not qualified in any way. The promise was for more than just leniency. It is the unequivocal nature of the department's promise, coupled with the nature of what was promised (i.e., no criminal charges against the defendant), that distinguishes this case from the more typical scenario in which a defendant is given limited, vague and/or qualified promises of leniency. See, e.g., U.S. v. Pryor, 474 Fed.Appx. 831, 835 (2d Cir. 2012) (\" nothing in the record indicates that Bullock was promised that he would never be charged with an offense\"); State v. Gaines, 295 F.3d 293, 299 (2d Cir. 2002); United States v. Morris, 491 F.Supp. 226, 230 (S.D.Ga. 1980); Green v. Scully, supra, 850 F.2d 903 (offer of psychiatric help could not be construed as offer of leniency; State v. Janice, supra, 20 Conn.App. 217-18. Moreover, by the express terms of Samuda's own testimony at the hearing, as well the allegations of the warrant, it is clear that the defendant made incriminating statements only after he felt comfortable that he would not be arrested based on the alleged incident. This causal connection between the confession and the department's conduct renders the confession involuntary. See State v. Castillo, supra, 165 Conn.App. 724 (\" Ordinarily, a court will deem a statement or confession involuntary only if there is some coercive police conduct that is causally related to it.\"); cf. Green v. Scully, supra, 850 F.2d 904 (concluding that defendant's confession was voluntary because it was given for reasons unrelated to law enforcement tactics). 2/21/25, 8:01 State v. Gula, H15NCR150279666S \| Casetext Search + Citator 7/9 The court has found no binding authority, and the parties have cited none, that presents a similar factual scenario. However, while mindful that each case rests on its own facts, the court notes that the better weight of authority from other jurisdictions--specifically, cases in which the defendant was not in custody, the police made an unequivocal promise not to arrest the defendant, and a confession followed--supports the court's conclusion. See, e.g., State v. Burr, 126 Ariz. 338. 339-40, 615 P.2d 635 (1980) (holding that incriminating statements made following promise not to prosecute should have been suppressed); Walker v. State, 771 So.2d 573, 575-76 (Fla.Ct.App., 1st Dist. 2000) (reversing denial of motion to suppress inculpatory statements given following promise of no arrest in exchange for cooperation); Kansas v. Cousins, No. 112, 497, Id. -23 (Aug. 7, 2015) (unpublished) (affirming order to suppress confession given after police promise not to arrest, such promise, among other circumstances, having rendered the defendant's non-custodial incriminating statements involuntary); Commonwealth v. Stewart, No. 07-P- 35, (Feb. 13, 2009) (unpublished) (affirming suppression of confession given following explicit promise not to arrest); Commonwealth v. Journell, 2 Va. 234, 235-41 (1984); see also United States v. Rogers, 906 F.2d 189, 191-92 (5th Cir. 1990). While not directly on point, additional related cases--in which the police made, while the defendant was in custody, a promise not to arrest--buttress the court's conclusion. See, e.g., United States v. Butler, 59 F.Supp.3d 648, 653 (D.Vt. 2014); United States ex rel. Caserino v. Denno, 259 F.Supp. 784, 788-91 (S.D.N.Y. 1966) (concluding that incriminating statements that were induced by promise of immunity or leniency should have been barred from evidence); People v. Brown, 123 Misc.2d 983, 986-88, 474 N.Y.S.2d 927 (N.Y.Sup.Ct. 1984) (granting motion to suppress). In sum, the court concludes that, in light of the unequivocal nature of the department's promise not to arrest the defendant and the fact that \" such promise was the motivating cause of the confession, \" State v. Janice, 20 Conn.App. 212, 217, 565 A.2d 553 (1989), the use of the defendant's confession would deprive him of a fundamentally fair trial under the federal and state constitutions. Accordingly, the confession is ordered suppressed 2/21/25, 8:01 State v. Gula, H15NCR150279666S \| Casetext Search + Citator 8/9 Based on the foregoing, the court grants the defendant's motion to suppress dated February 9, 2016. About us Jobs News Twitter Facebook LinkedIn Instagram Help articles Customer support Contact sales Cookie Settings Do Not Sell or Share My Personal Information/Limit the Use of My Sensitive Personal Information Privacy Terms \u00a9 2024 Casetext Inc. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 2/21/25, 8:01 State v. Gula, H15NCR150279666S \| Casetext Search + Citator 9/9", "7268_106.pdf": "\uf39e \uf16d\ue61b\uf09e Enter Search Term \uf086 \uf164 \uf39e \ue61b \uf0e0 \uf02f News Showcase Documents Show Professors Accused Of Sexual Misconduct Went On To Other Universities Tom Hopkins, Staff Writer October 17, 2019 One former Central Connecticut professor and a former athletics coach who were found to have violated the university\u2019s nondiscrimination and sexual misconduct policies have gone on to find employment elsewhere in their fields. In one of these cases, and two additional cases where criminal charges were pressed allowed these men to resign from their positions, instead of properly terminating them. In a June 2017 report, recently released by the university via request, a female student alleged that adjunct professor Mohamed Ghonaim had sexually harassed her on multiple occasions. According to the complaint, Ghonaim repeatedly made comments about her appearance, calling her beautiful and saying that she Trending Stories From Florence to New Britain: South Carolina at the heart of men\u2019s basketball success OPINION: Hadestown is Overrated Men\u2019s basketball stuns Saint Francis, wins eighth straight for first time since 2007 The Owl House Ends with Poignant, Spectacular Finale Men's basketball wins seventh straight after defeating Mercyhurst 73-63 at home Recent Stories Men\u2019s basketball stuns Saint Francis, wins eighth straight for first time since 2007 Eary Banushi and Andrew Johnson \uf086 \uf164 \uf39e \ue61b \uf0e0 \uf02f resembled his ex-girlfriend. After arriving to class late one day and missing a quiz, Ghonaim instructed the student to stay after class. While alone Ghonaim sat next to her and commented on her resemblance to his ex- girlfriend whom was once a student of his and \u201cindicated he would give her special treatment and allow her to make up the quiz,\u201d the report said. Upon completion of the quiz, Ghonaim asked to walk out together, the student, already fearful of him, agreed. Once they arrived at his car, Ghonaim gave her his cell phone number, hugged her and suggested he walk her to her car which was parked in a different lot (Kaiser). Once at her car he asked for a ride back to his car. During the car ride he touched her hair, hugged her and kissed her on the cheek before leaving, according to the complaint. In another interaction in his office, Ghonaim shared with her the details of a sexually explicit dream he had of which she was the subject dreamt you came to ask me a question after class and things get very heated,\u201d Ghonaim said according to the complaint. \u201cWe went to the back room and give it to you from behind. It was so real that woke up from it, like a wet dream.\u201d According to the complaint, Ghonaim also manufactured ways to get himself alone with the student. He graded her notebook from a group project last, assuring they would be alone in the classroom together, then offering to walk her to the Kaiser parking lot where he began parking, which was further away from the building he worked in than Vance lot he usually parked in. Upon arriving at his car, he asked her to get in and talk, she declined, but he pressured her. Once inside, he commented on her looks and how much he loved her body, he touched her hair and began creeping his hand to her back, then further down her back near her butt. Despite her uncomfortable body language Ghonaim continued until she said she had to leave, at which point he insisted she eat candy and drink water that was in his From Florence to New Britain: South Carolina at the heart of men\u2019s basketball success Marcus Saunders, Staff Writer Men\u2019s basketball wins seventh straight after defeating Mercyhurst 73-63 at home Ari Kinder, Staff Writer \uf086 \uf164 \uf39e \ue61b \uf0e0 \uf02f car to show that she trusted him. She declined. Ghonaim then told her how much he want to touch her and that \u201che has the \u2018sex drive of a teenager\u2019 because he has \u2018high testosterone,\u2019\u201d according to the complaint. He then put his hand on her inner thigh, when she attempted to leave he put his arms around her and asked her to stay. Ghonaim then asked to kiss her, she said no. He kissed her on the cheek anyway. She had to struggle to finally be able to leave the car. Ghonaim confirmed parts of the student\u2019s allegation while denying others. However, the investigators found him to not be credible and, based on the evidence, found it more likely than not that he violated CCSU\u2019s Nondiscrimination and Sexual Misconduct Policies by creating a hostile learning environment based on gender and using threats, demands, or suggestions that retention of one\u2019s educational status is contingent upon toleration of or acquiescence in sexual advances Director of Public Relations, Janice Palmer, said in an email that Ghoniam left as the university was taking the proper steps to terminate him. Ghonaim continues to teach at the University of Hartford and the Community College of Rhode Island. Ghonaim did not respond to request for comment. Representatives from the University of Hartford were not immediately available for comment, but Ghonaim is listed in their online directory as an adjunct professor did not respond to request for comment, but he is listed as an associate professor the school\u2019s website report from April 2014 investigated another alleged violation of nondiscrimination and sexual harassment policies, involving the women\u2019s softball coach at the time, Jeffrey Franquet, that found he subjected a player or employee (identifying information was redacted) to \u201csevere, pervasive and persistent unwelcome comments and actions of a sexual nature.\u201d According to the complaint, Franquet asked a female employee for sex, made sexual comments to and about \uf086 \uf164 \uf39e \ue61b \uf0e0 \uf02f female athletes and employees, made inappropriate comments to female athletes about their bodies and showed a female employee a nude picture of himself. The investigators interviewed 21 student witnesses and 12 employee witnesses, and found that Franquet made inappropriate comments about his player\u2019s bodies. It was reported by one player that he said \u201cIf was [in college], or if could would date (redacted player name) she\u2019s like the perfect girl.\u201d Another player said that he showed her an inappropriate photo of himself, possibly naked. Several players also reported that he made comments that he could \u201cbounce a coin off\u201d or \u201cbalance a cup\u201d off their butts, told one player she had a \u201cghetto booty\u201d and called some players fat. According to the report\u2019s findings, four female employees detailed at least one occasion where Franquet talked about his sex life or made a comment about a sex act he wanted to do with them. One employee reported that Franquet once gauged her interest in having a threesome with him and his wife. According to the report, there were also rumors that Franquet had an inappropriate, perhaps sexual relationship with one of his players, but investigators found no evidence of the claim and rumored player failed to appear for an interview. It was also reported second- hand that Franquet made a comment to one of his assistant coaches that he wanted to \u201cstick it in any hole\u201d of a player\u2019s body. However, investigators were unable to interview the person who allegedly told the players about the comment and therefore could not confirm it. Franquet recently took a job coaching women\u2019s softball at Delaware State University am pleased to welcome Jeff Franquet and his family to Hornet Athletics Director of Athletics Dr. D. Scott Dines said in an announcement welcoming Franquet as the head coach. \u201cWe conducted an experienced, deep search, and Jeff \uf086 \uf164 \uf39e \ue61b \uf0e0 \uf02f rose to the surface as a great fit for Softball,\u201d Dines said. Franquet did not respond immediately for comment and representatives from Delaware State University were unavailable for comment. Palmer said in an email that Franquet was properly terminated by the university. It is unclear if the University of Hartford, the Community College of Rhode Island or Delaware State University knew of the sexual misconduct violations of their respective employees. Palmer explained that under the teacher\u2019s union contract cannot share employee files. \u201cThough the Collective Bargaining Agreement prohibits the disclosure of personnel records is able to share whether or not an employee was in \u201cgood standing\u201d when they left, retired, or were terminated from the University,\u201d Palmer said in an email. The inability to disclose personnel files has led to others who have violated CCSU\u2019s sexual misconduct policies to go on to find work in their fields. As reported in 2010, Moises Salinas, an associate professor of psychology and CCSU\u2019s first Chief Diversity Officer, the person who handles all incidents of sexual misconduct on campus, was found by the University Counsel, Carolyn Magnon, to have made \u201cunwelcome sexual advances\u201d on a student. The student, Krystal Rich, alleged, according to the report, that Salinas asked her to go to lunch with him and while at lunch sat uncomfortably close to her and repeatedly touched her inappropriately. He grabbed her hand, holding it while rubbing it with his other hand and repeatedly touched her thighs. After leaving the restaurant, Salinas made further unwelcome advances on Rich is his car. He again touched her thighs, then grabbed her arm to pull her closer to him and attempted to kiss Rich. She turn her head so his lips landed on her cheek. Salinas pulled her closer again and even though Rich turned her head i h d t ki h th th d th \uf086 \uf164 \uf39e \ue61b \uf0e0 \uf02f again, he managed to kiss her on the mouth and then jammed his tongue through her closed lips. Salinas tried kissing her again, but Rich successfully turned away so he only caught her cheek. He then forced his hand between her thighs and slid it up to her crotch. In her report, Magnon recommended the matter be referred to Human Resources for further action. Charges were brought against Salinas, he pleaded no contest and received just a one year suspended sentence and a two year conditional discharge, with the conditions that Salinas resign from CCSU, not teach again and leave the country. Salinas went back to his home country of Mexico and became the Academic Dean at Hebraica University in Mexico City. He is now the Rector (president) of University Mexico, grimly ironic, as the institution focuses on social justice and leadership, according to their website. Salinas has had a book published by Random House since the incident. In another report from 2014, adjunct English Professor Daniel Gula sexually assaulted student Shannon Cunningham. According to the report, he asked her for a hug and when she hugged him he held her tightly, grouped her, tried to kiss her and then put his tongue in her ear. When she told him to stop he continued and exposed his genitals to her. When Cunningham was leaving he asked her, \u201cWhat do you expect me to do with this?\u201d as he pointed at his penis. When she bent down to pick up her bag and leave, Gula rubbed his body against her backside. As reported at the time, Cunningham did not initially press criminal charges against Gula. She only did so after she discovered that allowed him to resign and he was able to get a job at an all-women\u2019s college. \uf086 \uf164 \uf39e \ue61b \uf0e0 \uf02f \u00a9 2025 Pro WordPress Theme by \u2022 Log in The Recorder The Student News Site of Central Connecticut State U\u2026 \uf39e \uf16d\ue61b\uf09e Enter Search Term \uf002 Home Staff About Submit a Letter \uf086 \uf164 \uf39e \ue61b \uf0e0 \uf02f", "7268_107.pdf": "Former Professor Charged With Sexual Assault of Student Published September 4, 2015 \u2022 Updated on September 4, 2015 at 8:56 pm former adjunct professor at Central Connecticut State University has been charged with sexually assaulting a student former adjunct professor at Central Connecticut State University has been charged with sexually assaulting a student. Watch News 24/7 Weather Blog Trump Administration Reckless on our Roads Live\u2026 2/21/25, 8:01 Former Professor Charged With Sexual Assault of Student Connecticut 1/9 spokesman Mark McLaughlin said Daniel Gula resigned on Sept. 30, 2014 and was \"not in good standing\" with the university at the time. He said the alleged victim was a student at the university. According to online court records, Gula was arrested Sept. 2 of this year in New Britain in connection with a sexual assault incident that occurred on Sept. 15, 2014. Gula has been charged with third-degree sexual assault, first-degree unlawful restraint and disorderly conduct. McLaughlin declined to comment on the charges, citing pending litigation. Online records indicate Gula was a member of the English department. Gula's bond was set at $10,000, court records indicate. He's due back in court Sept. 23. It's not clear if he has an attorney Play Now Play War Thunder now for free Access all channels anywhere, anytime Play Now Join new Free to Play War Thunder Learn More Pakistan Solar Panels: See How Much It Will Cost To Install Them (See Prices) 2/21/25, 8:01 Former Professor Charged With Sexual Assault of Student Connecticut 2/9 All Channels for Only $49 (Buy Now) 2/21/25, 8:01 Former Professor Charged With Sexual Assault of Student Connecticut 3/9 2/21/25, 8:01 Former Professor Charged With Sexual Assault of Student Connecticut 4/9 2/21/25, 8:01 Former Professor Charged With Sexual Assault of Student Connecticut 5/9 2/21/25, 8:01 Former Professor Charged With Sexual Assault of Student Connecticut 6/9 2/21/25, 8:01 Former Professor Charged With Sexual Assault of Student Connecticut 7/9 Weather Forecast 22\u00b0 Clear 0% Precip 14 38\u00b0 2/21/25, 8:01 Former Professor Charged With Sexual Assault of Student Connecticut 8/9 Public Inspection File Accessibility Employment Information Applications Privacy Policy Cookie Notice Terms of Service Advertise with us Send Feedback Notice Ad Choices Copyright \u00a9 2025 NBCUniversal Media, LLC. All rights reserved 2/21/25, 8:01 Former Professor Charged With Sexual Assault of Student Connecticut 9/9"}
8,191	Stephen McKenna	Catholic University	[ "8191_101.pdf", "8191_102.pdf" ]	{"8191_101.pdf": "Statement from the Faculty Assembly On the Dismissal of Dr. Stephen J. McKenna On December 13, 2018 the Catholic University of America community received a University communication from President John Garvey on the dismissal of Dr. Stephen J. McKenna, a tenured Associate Professor of Media Studies, for violation of the University\u2019s Sexual Offenses Policy, which \u201cprohibits dating or sexual relationships between supervisors and subordinates.\u201d The communication outlined both the case and the process followed. Though the Faculty Handbook lists a variety of lesser sanctions available for such an infraction of the above policy, including warnings and suspension, President Garvey chose to pursue dismissal, the most severe among them, and initiated the dismissal action against Dr. McKenna in January 2018. The Faculty Assembly is issuing the following statement to condemn the University\u2019s action against a member of the faculty, for the reasons outlined below. 1. The statement from the president is misleading and distorts the facts of the case, as confirmed by Dr. McKenna\u2019s attorney. It leads the reader to believe that a complaint against Dr. McKenna had been filed, yet the individual in question filed no complaint against him. Furthermore, it insinuates that she resigned from her job because of the relationship, when, in fact, their relationship flourished for four years after she left the University. The statement implies that the Ad Hoc Hearing Committee recommended dismissal, when, in fact, the committee unanimously supported a lesser sanction. 2. We deplore the public shaming of Dr. McKenna and maligning of his character. The content of the University Communication was more than a neutral notification of fact: it was a public shaming of Dr. McKenna, who is an alumnus and a long-serving, respected faculty member of the School of Arts & Sciences. It was also an abuse of power. In our collective memory of more than four decades at the University, there has never been an incident of such public shaming by our University administrators, even in cases where faculty members were dismissed for more serious violations. The public way in which the statement circulated and was posted to the University website has the potential to put an end to Dr. McKenna\u2019s career. Such a lifelong consequential act against Dr. McKenna is unjust, given the facts of the case. 3. Dr. McKenna\u2019s dismissal may lead to the suppression of academic freedom and the silencing of public debate on issues of importance to University. It is widely known that Dr. McKenna has been a vocal critic of the University administration over the past several years, in particular regarding the repeated attempts by the administration to dismantle the Media Studies & Communications Department, which Dr. McKenna chaired, and which is one of the largest majors in the University. Finally, Dr. McKenna was a member of the Faculty Assembly Executive Board and, in that capacity, had spoken to the media regarding his concerns about Academic Renewal, University hiring practices, and the University administration. The president\u2019s statement \u2013 and the public dissemination of that statement \u2013 has the potential to intimidate and silence faculty members who would otherwise exercise their academic freedom and free speech rights by publicly voicing their considered opinions of executive decisions and actions. 4. The dismissal of Dr. McKenna and the release of the public statement raise grave concerns about shared governance. Shared governance between the faculty and the administration is essential to the proper functioning of the University. The University administration acted against the recommendation of the Ad Hoc Hearing Committee, which was convened to adjudicate Dr. McKenna\u2019s case. The administration\u2019s disregard for the recommendations of the Ad Hoc Hearing Committee shows a clear unwillingness to participate in shared faculty governance. We deplore the University\u2019s dissemination of a public statement about Dr. McKenna\u2019s dismissal that distorts the facts of the case. We fear that the public dissemination of the statement will silence debate on campus. And we are gravely concerned about the implications of this case for shared faculty governance. Therefore, for the above reasons, the Faculty Assembly condemns the University\u2019s action against Dr. McKenna in the strongest possible terms. Further, we demand that the Administration remove the President\u2019s announcement from the University website, as it reflects poorly on the University, and issue an apology to Dr. McKenna and to the University community for publishing this shameful and misleading statement about a member of our community.", "8191_102.pdf": "McKENNA The public statement issued by Catholic University leaders regarding the December 2018 dismissal of Dr. Stephen McKenna is highly partial and misleading. The following facts and clarifications will be helpful to those attempting to make an accurate interpretation of the matter. Note that, according to the Faculty Handbook, confidentiality about the case is to be maintained \u201cuntil the proceedings have been completed, including consideration by the Board of Trustees\u201d (Faculty Handbook II-G-7.204). After that, there is no such requirement or expectation of confidentiality. The University\u2019s statement itself disclosed previously confidential facts about the matter. (1) The University statement reports that a majority of the Hearing Committee in the University\u2019s case against Dr. McKenna held that dismissal was \u201can appropriate sanction\u201d for such a policy violation. However, the University statement fails to report that the Committee did not favor dismissal in Dr. McKenna\u2019s case. On the contrary, the Hearing Committee was unanimous in supporting some sanction other than dismissal vote by the Committee favoring suspension rather than dismissal was 3-2, but in its minority report, the two dissenters in that vote affirmed that they \u201cstrongly believe that dismissal is not appropriate\u201d [original emphasis]. Their negative votes were not votes for dismissal. (2) The University statement reports that the Hearing Committee \u201cencouraged the University to publicize the matter widely in the interests of accountability and deterrence.\u201d What the Hearing Committee recommended was that \u201cthe University make known to the university community at large that the policy\u2026has been violated and that a sanction has been applied.\u201d It further held that this should be announced \u201cin a dignified way\u201d and that it was not necessary to identify Dr. McKenna to achieve the intended aim of deterrence. The University leaders unnecessarily and on their own elected to publicly shame Dr. McKenna, maximizing personal and professional harm to him and his family under the pretense of merely carrying out the Committee\u2019s precise recommendations. Furthermore, in naming Dr. McKenna, the University leaders have all but positively identified the female employee, who was known to many in the university community and beyond to have been, for more than four years, in the words of the Committee, in a \u201cmutual and loving\u201d relationship with Dr. McKenna. The University has thus harmed the female employee, as it exposed her identity and role in this case by implication; minimally, the resulting media coverage has made it impossible, she has said, for her to list her professional experience working in the Media Studies department on her resum\u00e9. (3) The University statement claims that \u201cPursuant to Faculty Handbook procedures, in September the Board of Trustees considered the Committee\u2019s recommendation and the hearing record and returned the case to the Committee to consider several questions.\u201d The Faculty handbook requires the Board to return the case to the Committee only if it disagrees with the Committee\u2019s decision (Faculty Handbook, II-G-7.209). The Board thus did so because, again, the Committee supported a sanction other than dismissal. In presenting objections to the committee, the Board thereby acknowledged that the Committee\u2019s decision was in favor of a sanction other than dismissal. The Board raised seven objections and queries to the Committee\u2019s final determination, but the Committee, in its reply, refuted or otherwise dispensed with each of these. The Committee\u2019s reply referred to its position on dismissal as \u201cnot the appropriate penalty\u201d and wrote that suspension was a \u201cmore constructive\u201d way of ensuring the aims of policy enforcement. The University statement continues: \u201cThe Committee replied to the Board\u2019s questions in November and stated its belief that dismissal was an appropriate sanction.\u201d The Committee replied affirming what it always had; its initial report held that dismissal was \u201can appropriate sanction\u201d for such a violation, which is no more than to affirm what the Handbook allows. In dispensing with the Board\u2019s objections, the Committee upheld its previous decision. However, in an extraordinary and procedurally improper move, the chair of the Committee wrote a separate letter to the Board, partially undercutting the work of the Committee she chaired, offering tendentious personal opinions, and emphasizing the previous 4-1 vote that dismissal is \u201can appropriate\u201d sanction. (4) As reported in the university statement, the case began with an anonymous report about the relationship. The female employee did not come forward out of the blue or completely on her own to discuss the matter, however; she contacted the University in response to University officials repeatedly reaching out to her and bidding her to speak with them. In the hearing, Provost Abela acknowledged that the Title officer \u201chad difficulty getting her to talk initially.\u201d (5) The female employee has repeatedly affirmed that she was told by university officials that no action need be taken in the case unless she wished it. She is on record multiple times before and after the hearing proceedings stating that she did not wish the university to pursue any action against Dr. McKenna. She made this explicit in her communication with officials in Human Resources prior to the dismissal proceedings, and in an email communication with Provost Andrew Abela, where she writes that she wishes \u201czero harm for Steve and his family.\u201d All parties to the case were aware of her position. These pleas were ignored by university officials, who chose not only to disregard her wishes and dismiss Dr. McKenna but through publicity to maximize its harmful effect on him and his family. The employee refused to participate in the hearing proceedings. (6) The university statement reports that Dr. McKenna hired the employee in question. He did so principally at the recommendation and urging of several senior faculty colleagues who knew her, both in the School of Arts and Sciences and the Columbus School of Law, where the employee had previously worked for two years and had been fired as part of a staff reduction in force. While she was working in the Media Studies department, she was actively seeking better employment elsewhere, which in several months\u2019 time she accomplished. She did not resign from her position at as a result of the relationship with Dr. McKenna, as the university statement insinuates. On the contrary, by leaving for a better job, she was able to continue the relationship over the next four years without concern about a policy violation. (7) As noted, the relationship in question continued for four years after the employee left CUA. Dr. McKenna sought and was granted an annulment of his prior marriage by his diocese so that the two could be married in the Roman Catholic Church, as had been their intention. They broke off the relationship just prior to the university initiating dismissal proceedings against Dr. McKenna. (8) During the hearing proceedings, the President and Provost made extreme and incendiary claims about Dr. McKenna. President Garvey compared the case against Dr. McKenna to those involving public figures such as \u201cHarvey Weinstein, Alex Kozinski, John Conyers, Garrison Keillor, [and] Al Franken.\u201d He likened the University\u2019s need to prosecute the case against Dr. McKenna to the fullest extent possible to the Church\u2019s need to prosecute and punish Bishops who do not report sexual abuse. During the hearing, Provost Abela compared this case to #MeToo cases, which involve nonconsensual behavior. (9) Starting with his initial dismissal letter to Dr. McKenna, President Garvey aggressively pursued a charge of \u201cmoral turpitude\u201d against Dr. McKenna, which would not only besmirch his reputation in the most damaging way possible, but also prevent him from receiving any post-termination severance, pursuant to policy stated in the Faculty Handbook. The Hearing Committee roundly and repeatedly rejected Mr. Garvey\u2019s accusation, holding that the matter involved no such \u201cbehavior that would evoke condemnation by the academic community generally.\u201d Neither did the Board of Trustees support the President\u2019s extreme accusation. (10) In 2017, Dr. McKenna was deposed as a witness by the Office of Human Rights in an age discrimination case against the University resulting from the involuntary 2015 staff reduction in force conducted at President Garvey\u2019s direction. The Office of Human Rights has found probable cause that the University discriminated on the basis of age. The University was aware of Dr. McKenna\u2019s involvement in the case, as it was aware of Dr. McKenna\u2019s serious written concerns related to the 2015 staff layoff. The discrimination case in question will go to trial later this year, and Dr. McKenna has made himself available as a witness. Dr. McKenna\u2019s involvement in the discrimination case was known to the Chair of the Board of Trustees and other Board members prior to the Board overruling the Hearing Committee. (11) The university statement concludes with advice on how to report a sexual offense, insinuating by proximity that this case involved \u201csexual harassment, sexual assault, dating violence, domestic violence, [or] stalking.\u201d This case involved none of these offenses. The case did not even involve a complaint by the female employee. Contact: James Edward Rubin The Rubin Employment Law Firm 600 Jefferson Plaza, Suite 204 Rockville 20852 [email protected] (v) (301) 760-7914"}
8,886	Christopher Marks	California State University - Chico	[ "8886_101.pdf", "8886_102.pdf", "8886_103.pdf", "8886_104.pdf", "8886_105.pdf" ]	{"8886_101.pdf": "Forecast NOW: Download Our Apps Sign Up For Email Alerts student/article_b6e77f18-b6e2-11ed-9ca0-3f5a3a1c9f1f.html Lawsuit claims former Chico State professor sexually assaulted student By: Brandon Downs and Ryan Ketcham Feb 27, 2023 lawsuit was filed against a former Chico State professor and the board of trustees over claims the professors sexually assaulted a student. CHICO, Calif. 10:41 lawsuit has been filed against a former Chico State professor and the Board of Trustees of the California State University (CSU) for damages stemming from a sexual assault, according to The Matiasic Firm, P.C., the 2/21/25, 8:02 Lawsuit claims former Chico State professor sexually assaulted student \| Crime \| actionnewsnow.com 1/9 plaintiff\u2019s attorney. In a news release, the attorney, Paul A. Matiasic, says the plaintiff filed a first amended complaint for damages stemming from the sexual assault by Chico State mathematics professor Christopher Marks. \u201cThe lawsuit alleges that prior to the assault on Plaintiff, Marks engaged in conduct that provided notice of his propensity to engage in inappropriate behavior and relationships with students, including sexual contact,\u201d Matiasic said in the news release. 2/21/25, 8:02 Lawsuit claims former Chico State professor sexually assaulted student \| Crime \| actionnewsnow.com 2/9 Download 2/21/25, 8:02 Lawsuit claims former Chico State professor sexually assaulted student \| Crime \| actionnewsnow.com 3/9 The lawsuit claims Marks would engage in solicit sexual conduct in exchange for favorable academic treatment. The lawsuit also claims the knew of Marks\u2019 relationships with students but continued to keep him employed, disregarding the rights and safety of students. \u201cWith professors, teachers, anyone in a position of power, you have a certain trust with them,\" said Chico State Freshman Nic Mosaquites. This is the second time a Chico State professor has been accused of sexual misconduct with students. \"How they do that and go about it is the big question right,\" said Chico State Student Mandy Peterson. \"How do we stop it from happening?\" The lawsuit also claims Marks committed sexual battery and caused intentional emotional distress. The University says the woman who filed the lawsuit filed a report to Chico Police. Police confirmed that with Action News Now and said the woman filed the report in early 2020, but District Attorney Mike Ramsey says there are no criminal charges for Marks and that he\u2019s not even in their system. Some students say they're just hopeful for a resolution and just want to get back to focusing on their education. 2/21/25, 8:02 Lawsuit claims former Chico State professor sexually assaulted student \| Crime \| actionnewsnow.com 4/9 \u201cYeah, it\u2019s sad really, hopefully everything gets cleared up and we don\u2019t have to continue to deal with these types of situations,\" said Peterson. The University says Marks was dismissed from Chico State after the Title investigation. He was still listed on the University's website as a member of the 2022-2023 Academic Status Committee Chico State Media Relations Coordinator said he is not on the committee and \"it was an oversight not removing him from that list.\" Marks' name has now been removed from the page. Action News Now Reporter Ryan Ketcham went through Holt Hall, the math building on campus, but couldn't find a picture or even his name and several people working in the offices didn't even know his name. Once again, there are no criminal charges against Marks at this time. The claims in the lawsuit are just allegations as of now. The plaintiff's attorney said the filed an Answer with the Court last week, saying the plaintiff's claim is barred by reason of her conduct, plaintiff's negligent and/or bad faith conduct and because of alleged emotional distress suffered by the plaintiff was not severe or sufficient to support a claim. The claims made by the plaintiff include the had its own Title investigation that found the plaintiff's account was credible. The investigation revealed Marks engaged in sexual activity with the student without obtaining her consent, according to Matiasic. It also found Marks engaged in quid pro quo sexual harassment. Matiasic said the Title inquiry found Marks\u2019 sexual native was severe and limited the plaintiff from participating in or benefiting from opportunities offered at Chico State. Matiasic told Action News Now Marks was let go after the internal investigation, which included interviewing Marks, the plaintiff, other students and reviewing text messages. He said Marks was let go sometime around 2020. 2/21/25, 8:02 Lawsuit claims former Chico State professor sexually assaulted student \| Crime \| actionnewsnow.com 5/9 Download 2/21/25, 8:02 Lawsuit claims former Chico State professor sexually assaulted student \| Crime \| actionnewsnow.com 6/9 By: Brandon Downs 2/21/25, 8:02 Lawsuit claims former Chico State professor sexually assaulted student \| Crime \| actionnewsnow.com 7/9 Download 2/21/25, 8:02 Lawsuit claims former Chico State professor sexually assaulted student \| Crime \| actionnewsnow.com 8/9 Brandon Downs By: Brandon Downs Follow Action News Now on Facebook and Twitter for the latest news, weather and sports in Northern California. Former Chico State professor, department secretary plead no-contest in grand theft scheme 2/21/25, 8:02 Lawsuit claims former Chico State professor sexually assaulted student \| Crime \| actionnewsnow.com 9/9", "8886_102.pdf": "The Orion \u2022 July 19, 2023 \u2022 sexual-misconduct-and-8-other-allegations/ Former Chico State professor in court for sexual misconduct allegations among others Alejandro Mejia Mejia and Milca Elvira Chacon Chico State math professor who was fired in 2022 for Title violations is being accused in Butte County Superior Court\u2019s civil division of numerous allegations of sexual misconduct against a student, including sex for favorable academic treatment, according to court documents. The suit also accuses the California State Board of Trustees, which is the California State University system\u2019s governing body representing Chico State, of alleged negligence in failing to stop Marks from having illicit sexual relationships with students. The complaint alleges that Marks\u2019 Chico State coworkers, including managers, failed to intervene when they \u201c\u2026knew or reasonably should have known that his behavior was abnormal, troubling, and suggestive of a proclivity to have inappropriate sexual contact with students.\u201d They did not name those accused of negligence or explain the alleged problematic oversight. The Trustees deny the allegations. The first of two complaints was filed on April 29, 2021, by former Chico State student Molly Roe and attorney Paul A. Matiasic with nine allegations against the two defendants Board of Trustees and Marks\u2013with the allegations against Marks including sexual battery and false imprisonment. Old faculty photo of former Chico State professor Christopher Marks. Photo Credit: Wayback Machine Document Credit: Superior Court of California, County of Butte Document Credit: Superior Court of California, County of Butte The initial complaint claimed Marks engaged in sexual conduct with several undergraduate students at Chico State. Marks could not be reached for comment, and he has no attorney on file with the court. Court documents filed by the plaintiff\u2019s attorney claim that Marks has had sexual relationships with \u201cseveral\u201d students. Document Credit: Superior Court of California, County of Butte Andrew Staples, public relations manager for Chico State\u2019s University Communications, mentions that Title was unaware of any allegations of sexual misconduct or sexual harassment against Marks independent of those alleged by Roe. According to Staples, \u201cWhile the Title office discovered during their investigation that Marks had allegedly been involved in two separate sexual relationships with students, neither of the other students made claims of sexual harassment or sexual misconduct and thus those issues were beyond the scope of the investigation second civil court complaint made on or about March 18, 2020, alleges that Marks engaged in sexual assault and battery to Roe, resulting in injuries and damages at Roe\u2019s home. According to Staples, Roe did file a report with the Chico Police Department. At the time of publication, Chico Police Department hadn\u2019t responded to numerous requests to confirm that a complaint was made. An Action News Now article, also mentions that \u201cRoe did file in early 2020, but District Attorney Mike Ramsey said that there are no criminal charges for Marks and that he isn\u2019t even in their system.\u201d The civil complaint also alleges that on April 16, Marks and Roe exchanged text messages where Marks suggested performing sexual acts to ensure her passing Mark\u2019s class that semester. Document Credit: Superior Court of California, County of Butte At the time of publication, Roe\u2019s San Francisco-based attorneys have not returned numerous phone calls. In a response given to the court by attorneys for the Trustees on April 29, 2021, the denied every material allegation contained in Roe\u2019s initial complaint. The response reads, \u201cDefendant further generally denies that Plaintiff is entitled to declaratory relief, injunctive relief, statutory penalties, compensatory damages, restitution, interest, attorneys\u2019 fees or costs, or any other form of legal or equitable relief whatsoever as they have not suffered any damages because of any act or omission on Defendant CSU\u2019s part.\u201d On May 9, 2022, the civil case was transferred from the Los Angeles Superior Court to the Butte County Superior Court because, the \u201cDefendant contends this Court [Los Angeles] is not the proper court for the trial of this action, and the Court to which transfer is sought is the proper Court for trial under California Code of Civil Procedure sections 39Gb and 397(a) and Government Code section 955.2.\u201d According to a Humboldt State flier from 2017, \u201cChristopher Marks is a native of Chico and obtained a B.A. degree in Mathematics from CSU, Chico in 1999. He subsequently obtained a master\u2019s in Pure Math from CSU, Sacramento, and a Ph.D. in mathematics from Santa Cruz in 2009. After postdoctoral positions at the Max Planck Institute for Mathematics in Bonn, Germany, and at the University of Alberta, he was hired as an Assistant Professor at Chico State in 2014.\u201d Butte County Superior Court will host a case management conference on July 19 in Oroville case management conference is when attorneys for both parties meet with the assigned judge to determine if or when a case should go to trial. For more information about this case, you can find it through case information here. Correction: This article has been updated to correct inadvertent errors. These corrections were: Andrew Staples, public relations manager for Chico State\u2019s University Communications, mentions that Title is unaware of any allegations of sexual misconduct or sexual harassment against Marks independent of those alleged by Roe, we have changed the word \u201cis\u201d to \u201cwas\u201d. According to Staples, \u201cThe Title office did claim to uncover during their investigation that Marks had allegedly been involved in two separate sexual relationships with students, neither of the other students made claims of sexual harassment or sexual misconduct.\u201d Rather the quote being \u201cThe Title office discovered during their investigation that Marks had allegedly been involved in two separate sexual relationships with students, neither of the other students made claims of sexual harassment or sexual misconduct and thus those issues were beyond the scope of the investigation.\u201d Milca Elvira Chacon and Alejandro Mejia Mejia can be reached at [email protected] or @MeijaMeijaAlex on Twitter.", "8886_103.pdf": "Chico State professor sued for sexual misconduct and 8 other violations 2 2/21/25, 8:02 Redding News, Weather, Sports, Breaking News Marks 1/2 Loading ... Fiery crash closes I-5 near California/Oregon border Redding man accused of sexually assaulting child over several years Chico mother arrested for smuggling drugs to son in juvenile hall LaMalfa responds to Federal officials scrutiny of California high-speed rail funding Fire crews contain vegetation fire under train trestle in Redding 2/21/25, 8:02 Redding News, Weather, Sports, Breaking News Marks 2/2", "8886_104.pdf": "Chico State professor disciplined for student affair allegedly threatened colleagues who complained Thomas Peele EdSource Published 3:30 p.m Dec. 8, 2022 Updated 3:35 p.m Dec. 8, 2022 prominent Chico State University biology professor allegedly spoke of killing two female colleagues who cooperated in a 2020 investigation that found he had a prohibited sexual affair with a graduate student, state court and newly released university records show former agent hired by the university to evaluate David Stachura and the alleged threat concluded that the university might have been justified to fire him, his report shows. But Stachura did not act on the alleged threat and Chico State retained him, sanctioning him lightly for the alleged affair. The settlement, with Stachura denying any wrongdoing, kept the investigation out of his personnel file, clearing his path to tenure in the spring of 2021 and naming him \u201cOutstanding Professor\u201d of the 2020-21 academic year. He remains employed by the university. Stachura joined Chico State\u2019s faculty in 2014. He researches blood and immune cell formation, primarily using fish cells. He\u2019s brought Chico State over $1 million in grants from the National Institutes of Health to support his work. Allegations that he had an affair with a student over whom he had direct authority triggered an investigation by the university\u2019s Title office. The unit probed violations of the California State University\u2019s executive order banning employees from having consensual sexual relationships with people over whom they exercise power, such as professors with students they teach Cal State dean groped two colleagues: \u2018Retreat rights\u2019 made him unfireable. 2/21/25, 8:03 professor allegedly threatened murder over probe into student affair 1/10 After interviewing two professors who said they heard Stachura and the student having sex and saw them kissing, the investigation found sufficient evidence that a sexual affair occurred. The professors declined to comment. The university\u2019s investigative records and more than 700 pages of court documents in restraining order and divorce and child custody proceedings against Stachura, show he repeatedly denied the affair, claimed a university investigator fabricated evidence and that colleagues acted because of long-standing conflicts with him. Chico State opted for a light discipline fearing anything harsher could have been overturned in arbitration since the student did not complain and the affair was consensual, said Andrew Staples, Chico State spokesman in a statement issued Tuesday. He added: \u201c\u2026 the circumstances of this case may be considered differently today\u201d as the views of California State University system and its faculty union \u201cregarding faculty misconduct continue to evolve.\u201d The university \u201cthoroughly investigated the alleged threats following the settlement agreement and disciplinary action,\u201d he added. In an interview with EdSource, Stachura insisted the investigation \u201cwas a witch hunt,\u201d denied having the affair and said he didn\u2019t threaten his colleagues. Stachura ultimately agreed to an unpaid suspension for a third of a semester after the university denied his appeal. Stachura was later in 2021 on administrative leave for about a month while the threat allegations were investigated. He returned to work in September 2021. Guns and bullets Stachura\u2019s estranged wife, Miranda King, said in a 2021 Butte County Superior Court restraining order request that Stachura \u201cconfided in me that he had purchased (a) semi- automatic shotgun, a handgun, and hollow-point bullets to kill his two co-workers and then himself.\u201d Stachura, she told the court, \u201csaid he was planning on shooting them.\u201d He \u201cwas very specific that he bought hollow-point bullets for maximum damage and took the guns to (a shooting) range so he\u2019d know how to shoot them and be accurate,\u201d King told the court in writing. He \u201cbelieved there was a conspiracy at work. He had many conversations 2/21/25, 8:03 professor allegedly threatened murder over probe into student affair 2/10 with me about how angry he was about his co-workers for reporting him. He often referred to these women as bitches and couldn\u2019t seem to let go of the fact that they had complained about his behavior.\u201d King also told the court she knew of the affair and had seen on Stachura\u2019s phone photos of her husband and the student. In his court filings, Stachura denied making threats, saying he told King he\u2019d only had a dream about a shooting and bought guns for home defense during Covid-19 before allegations of the affair arose. King filed a court document in August 2021 related to the alleged threat: a receipt in Stachura\u2019s name for 10 boxes of 12-gauge double-aught buck shotgun shells and several boxes of 10mm handgun ammunition bought at a Chico gun store and shooting range on Oct. 15, 2020. That was the same date that Tina Leung, the Chancellor\u2019s Office manager of investigations, appeals and compliance, emailed Stachura her denial of his appeal in the affair case. The threat allegations became known to Chico State officials months later, in August 2021. Read more: California State University adopts series of reforms after sexual harassment scandal Stachura told EdSource in an interview he only kept birdshot shells for his shotgun, \u201cwhich (are) basically lethal to a squirrel.\u201d Asked why he bought the far-deadlier buckshot, he twice said he didn\u2019t recall the transaction. But, moments later, he said he did remember the buckshot purchase. It was unrelated to the appeal denial, which he said he expected and that it didn\u2019t upset him. He said he just decided coincidentally that day to stock up on ammo that had been \u201cimpossible to purchase\u201d during Covid, calling the timing \u201cunfortunate.\u201d The pistol bullets were hollow points, the kind his wife described. \u201cThose are the best for home defense,\u201d he said. \u201cThis isn\u2019t some kind of crazy purchase.\u201d 2/21/25, 8:03 professor allegedly threatened murder over probe into student affair 3/10 Risk potential After learning of the alleged threats in mid-August 2021, Chico State hired former agent Stephen Carter, of the Threat Assessment Group, to assess Stachura. The professor was about to return to a full semester of teaching. The discipline over the affair was behind him. Carter told Chico State officials that if they believed King\u2019s \u201creport of homicidal intent toward the two professors and believe that (Stachura) remains angry toward the two professors, it may be appropriate to conclude that (Stachura) does pose an unacceptable risk of violence to the workplace,\u201d and should be terminated, Carter wrote to university Labor Relations Director Denise Hardy on Sept. 14, 2021. The threat allegations originated with King, whom Stachura contradicted, Carter noted. What King told the court about Stachura suggests the presence of \u201crisk factors for violence.\u201d He also identified three \u201csituational risk factors for violence\u201d \u2014 the restraining order, the loss of an important relationship (his marriage) and family stress. Carter also found that \u201cdespite apparent evidence to the contrary,\u201d Stachura denied \u201cany romantic or sexual contact with the student.\u201d While he didn\u2019t know \u201cwith certainty, the truth of this matter,\u201d Carter said he \u201cassumed (Stachura) has not been truthful about the alleged affair,\u201d adding \u201crepeated dishonesty is also a risk factor for general violence.\u201d Carter declined an interview request. Noise through the walls In mid-March 2020, a professor in an office adjoining Stachura\u2019s in Chico State\u2019s Holt Hall heard sex sounds, she told an investigator, records show. The professor said she recognized a graduate student\u2019s voice. She heard her \u201cstop vocalizing sex sounds, say \u2018hold on\u2019 and then the sex sounds started again,\u201d records show. In the following weeks, she heard similar noises at least three more times. She told an investigator that Stachura \u201cturned the space into a clubhouse. They were very loud and not hiding their relationship.\u201d In June, another professor knocked on Stachura\u2019s door. There was shuffling, she told an investigator. The door opened. \u201cThere was a strange odor emanating from the room, a hot, 2/21/25, 8:03 professor allegedly threatened murder over probe into student affair 4/10 no-air-flow kind of smell. The aroma was sweaty.\u201d The student sat on a futon opened into a bed. Stachura sat nearby, shoeless. After sharing their experiences, the professors asked Gordon Wolfe, a tenured colleague, to talk to Stachura. Wolfe taught biology at Chico State since 2000. \u201cIt was impeding their ability to work because it was unprofessional and damaging to morale to have to listen to this. They just didn\u2019t feel, as junior faculty, comfortable talking to him about anything personal,\u201d Wolfe told EdSource. Wolfe called Stachura, who \u201cdenied everything,\u201d Wolfe said. Despite the Cpvid lockdown, professors sometimes used their offices to teach remotely, and lab experiments had to be attended to. Stachura said he had to go in daily to feed his laboratory fish. In late June 2020, one of the professors said she saw Stachura kissing the student in a laboratory, records show. The kiss was reported to the university\u2019s Title office, which opened an investigation. Consensual relationships between professors and students they teach are banned to eliminate \u201cthe academic equivalent of the casting couch,\u201d said lawyer Brett Sokolow, chairman of the advisory board of the National Association of Title Administrators. They protect those \u201cat the lower end\u201d of power dynamics, students competing for research jobs or a professor\u2019s attention, he said. If a relationship between a student and a professor \u201cbecomes known, it can taint scholarship and academic success because people will always wonder whether it was truly merited.\u201d \u201cWe have a friendship\u201d The student denied the affair to investigator Robert Morton. EdSource is not identifying the student, and she didn\u2019t return multiple messages. She told Morton that sometimes she lunched with Stachura in his office. She didn\u2019t know why anyone thought more was occurring. Morton twice interviewed Stachura, who had responses to the allegations, documents show. The sex sounds must have come from movies he and the student watched. 2/21/25, 8:03 professor allegedly threatened murder over probe into student affair 5/10 Morton wrote Stachura\u2019s \u201ccredibility was diminished because he prevaricated, deflected to other issues rather than answer questions, and changed his responses to significant questions after the first interview.\u201d Stachura \u201cspent time attacking the credibility of witnesses rather than describing or explaining why he would be alone in his office with (the student) with the lights off, the futon extended into a bed, and with what a witness described as post-coital smells emanating from the room,\u201d Morton wrote. Stachura received notice on Sept. 15, 2020, that Morton determined he\u2019d violated university policy by having \u201ca consensual sexual relationship with a student over whom he had direct authority.\u201d The appeal denial arrived a month later. In the denial, Leung noted Stachura \u201ccontended that the investigator falsified evidence.\u201d Leung rejected that argument reckoning for The focus on how CSU, the nation\u2019s largest public university, handles violations of gender and sexual harassment policies based on federal laws known as Title followed then- Chancellor Joseph I. Castro\u2019s sudden resignation in February. It followed a Today report that as president of Fresno State University he failed to take proper action about sexual- harassment complaints against a subordinate. An investigation that trustees ordered found Castro mishandled the matter. The trustees also ordered an ongoing review of cases at each of the system\u2019s 23 campuses. Chico State was reviewed in September, said Michael Uhlenkamp spokesman. Also in February, the Mercury News reported, former San Jose State President Mary Papazian ignored dire warnings upon taking office in 2016 that an athletic trainer was inappropriately touching female athletes. She didn\u2019t act for three years. The fallout cost the school millions of dollars in settlements. The U.S. Justice Department now monitors SJSU\u2019s Title compliance. The threat allegations are also revealed amid heightened concerns over campus and workplace violence following the fatal shooting of a University of Arizona professor and the shootings of Virginia Walmart workers last month by a supervisor. They also arise a year after a worker at the Valley Transportation Authority in San Jose killed nine co-workers and himself in one of California\u2019s deadliest workplace shootings. 2/21/25, 8:03 professor allegedly threatened murder over probe into student affair 6/10 Records across the system show five employees (besides Stachura) had been found in inappropriate consensual relationships that were resolved between 2017 and early 2022. Three occurred at Chico State. The others involved San Francisco State and San Bernardino. Records show the employees either resigned or were fired. Chico State police officer Richard Gridley and kinesiology professor Michael Regan resigned before they were disciplined, records show. The university fired tenured professor Christopher Marks when an investigation concluded he had two banned relationships with students. Documents on those cases haven\u2019t yet been released. Summary information released this year on Title and related cases resolved over five years shows 67 out of 103 resulted in employees leaving either by termination, resignation or retirement prior to being disciplined or by a contract or appointment not being renewed. Some facing termination dropped appeals and resigned, common moves in California public employment that eases finding work elsewhere. Dr. Zebrafish Stachura, 44, received a doctorate in cell and molecular biology from the University of Pennsylvania in 2006. He did postdoctoral research at San Diego before joining Chico State. It wasn\u2019t the career Stachura envisioned, King told EdSource. The couple married in 2010. \u201cHe was angry about being at Chico State. He thought other faculty members were below and beneath him,\u201d she said. \u201cHe was angry when another faculty member would win an award, especially a female. He was angry and upset that he wasn\u2019t a professor at Stanford.\u201d Stachura advanced from assistant to associate professor in 2016. His salary and benefits for 2020 totaled about $130,000, records show. He works primarily with zebrafish, a minnow used in nervous- and immune-system research. His pickup truck has vanity license plates: ZBRAFSH. He also works part time for two biotech companies. Between 2016 and 2022, Stachura published or co-published at least 25 papers in academic journals, National Library of Medicine indexes show. 2/21/25, 8:03 professor allegedly threatened murder over probe into student affair 7/10 fought this as hard as could\u2019 Chico State offered Stachura an \u201cinformal resolution\u201d of his affair case that Provost Debra Larson approved on Dec. 1, 2020 fought this as hard as could decided to settle,\u201d Stachura told EdSource. Larson didn\u2019t respond to questions. Ann Olivarius, an international women\u2019s rights attorney, said in an interview with EdSource that Stachura \u201cacted egregiously and inappropriately by any analysis.\u201d She also said Stachura created a hostile work environment for his colleagues by having sex in his office and allegedly threatening to kill the professors after they complained. She also criticized Chico State for the settlement. The school, she said, is saying \u201cit\u2019s to conduct yourself like (Stachura) conducted himself and if you are working in the same department, well, shut up.\u201d Stachura\u2019s reapplication for tenure was approved in the spring of 2021. That June, campus President Gayle Hutchinson announced Chico State\u2019s Faculty Recognition and Support Committee had chosen Stachura as \u201cOutstanding Professor\u201d for the 2020-21 academic year. Neither Hutchinson nor committee members knew of the findings about the affair because the investigation was confidential and the campus was on Covid lockdown, said Staples, Chico State spokesman. \u201cWhile the award was not rescinded, the university has since put in stronger protocols to ensure that faculty members who are nominated for future awards represent the university\u2019s values.\u201d Freaked out After the case ended, Stachura\u2019s marriage collapsed. King filed for divorce in July 2021 and requested a restraining order, claiming he was \u201ca very heavy drinker\u201d and repeatedly threatened her am very concerned about David\u2019s mental state.\u201d She told the court his alleged affair continued. She then disclosed the alleged threat against the professors. Judge Sandra McLean granted the restraining order, requiring Stachura to surrender his guns to Chico Police. King\u2019s attorney informed the professors of the alleged threat. 2/21/25, 8:03 professor allegedly threatened murder over probe into student affair 8/10 Word spread quickly through the biology department. Wolfe went to court and copied documents. \u201cMy colleagues were completely freaked out,\u201d he told EdSource. Wolfe sent an email with the subject line to College of Natural Sciences Dean David Hassenzahl on Aug. 16, 2021. The two professors \u201care both terrified,\u201d he wrote. Stachura, Wolfe wrote, had already shown \u201ca history of impulsive and destructive behavior,\u201d Wolfe wrote, a reference to the affair. The threats made \u201cit impossible for (Stachura) to continue as a colleague.\u201d Hassenzahl said the university would investigate. Stachura was put on paid leave two days after Wolfe\u2019s alert. He remained on leave for about a month, then returned to work. One professor who was not a target of the alleged threat was so concerned when Stachura returned that she soon left the university. Chico State \u201cdidn\u2019t act to protect the faculty, staff or students,\u201d Cawa Tran, now a University of San Diego professor, said in an interview. She said she knows of other professors actively looking to leave and another who turned down a biology department job after learning of the allegations. Tran said left due to psychological damages sustained from the fear, anger and injustice felt from the situation Chico State investigation of professor David Stachura: June 25, 2020 \u2013 Chico State launches an investigation into allegations that biology professor David Stachura is having a sexual affair with a graduate student who works for him, in violation of university policy. Sept. 15, 2020 \u2013 Chico State notifies Stachura that the investigation has found he engaged in a \u201cprohibited consensual relationship with a graduate student over whom he exercised influence. He appeals. Oct. 15, 2020 \u2013 Stachura\u2019s appeal is denied. He buys more than 50 shotgun shells of buckshot and two boxes of hollow-point handgun ammunition at a Chico gun store. Dec. 1, 2020 \u2013 Stachura agrees to a settlement that suspends him without pay for one- third of a semester and withdraws a tenure application. The university agrees to keep the 2/21/25, 8:03 professor allegedly threatened murder over probe into student affair 9/10 investigation out of his personnel file. He agrees to withdraw an application for tenure but quickly reapplies. June 2021 \u2013Stachura receives tenure. Chico State names him \u201cOutstanding Professor\u201d of the 2020-21 school year. July 30, 2021 \u2013 In seeking a restraining order, Stachura\u2019s estranged wife tells a Butte County judge that her husband told her he wanted to kill colleagues who helped the affair investigation. The judge issues the restraining order and requires Stachura to surrender his guns to police. Aug. 18, 2021 \u2013 Chico State puts Stachura on paid administrative leave while it investigates the threat allegation. Sept. 16, 2021 \u2013 The report by a retired agent concludes: \u201cIt may be appropriate to conclude that (Stachura) does pose an unacceptable risk of violence to the workplace.\u201d Within days, Stachura returns to work. 2/21/25, 8:03 professor allegedly threatened murder over probe into student affair 10/10", "8886_105.pdf": "Chico State professor disciplined for student affair allegedly threatened colleagues who complained North State Public Radio \| By Thomas Peele, EdSource Published December 8, 2022 at 10:07 Jason Halley / California State University, Chico Kendall Hall at California State University, Chico prominent Chico State University biology professor allegedly spoke of killing two female colleagues who cooperated in a 2020 investigation that found he had a prohibited sexual affair with a graduate student, state court and newly released university records show former agent hired by the university to evaluate David Stachura and the alleged threat concluded that the university might have been justified to fire him, his report shows. But Stachura did not act on the alleged threat and Chico State retained him, sanctioning him lightly for the alleged affair. Donate All Things Considered 2/21/25, 8:03 Chico State professor disciplined for student affair allegedly threatened colleagues who complained 1/25 Chico State University David Stachura The settlement, with Stachura denying any wrongdoing, kept the investigation out of his personnel file, clearing his path to tenure in the spring of 2021 and naming him \u201cOutstanding Professor\u201d of the 2020-21 academic year. He remains employed by the university. Stachura joined Chico State\u2019s faculty in 2014. He researches blood and immune cell formation, primarily using fish cells. He\u2019s brought Chico State over $1 million in grants All Things Considered 2/21/25, 8:03 Chico State professor disciplined for student affair allegedly threatened colleagues who complained 2/25 from the National Institutes of Health to support his work. Allegations that he had an affair with a student over whom he had direct authority triggered an investigation by the university\u2019s Title office. The unit probed violations of the California State University\u2019s executive order banning employees from having consensual sexual relationships with people over whom they exercise power, such as professors with students they teach. After interviewing two professors who said they heard Stachura and the student having sex and saw them kissing, the investigation found sufficient evidence that a sexual affair occurred. The professors declined to comment. The university\u2019s investigative records and more than 700 pages of court documents in restraining order and divorce and child custody proceedings against Stachura, show he repeatedly denied the affair, claimed a university investigator fabricated evidence and that colleagues acted because of long-standing conflicts with him. Chico State opted for a light discipline fearing anything harsher could have been overturned in arbitration since the student did not complain and the affair was consensual, said Andrew Staples, Chico State spokesman in a statement issued Tuesday. He added: as the views of California State University system and its faculty union \u201cregarding faculty misconduct continue to evolve.\u201d The university \u201cthoroughly investigated the alleged threats following the settlement agreement and disciplinary action,\u201d he added. \u201c\u2026the circumstances of this case may be considered differently today\u201d All Things Considered 2/21/25, 8:03 Chico State professor disciplined for student affair allegedly threatened colleagues who complained 3/25 In an interview with EdSource, Stachura insisted the investigation \u201cwas a witch hunt,\u201d denied having the affair and said he didn\u2019t threaten his colleagues. Stachura ultimately agreed to an unpaid suspension for a third of a semester after the university denied his appeal. Executive Order 1096 Appeal Response from The California State University Office of the Chancellor. October 15, 2020. Stachura was later in 2021 on administrative leave for about a month while the threat allegations were investigated. He returned to work in September 2021. Guns and bullets Stachura\u2019s estranged wife, Miranda King, said in a 2021 Butte County Superior Court restraining order request that Stachura \u201cconfided in me that he had purchased (a) semi- automatic shotgun, a handgun, and hollow-point bullets to kill his two co-workers and then himself.\u201d Stachura, she told the court, \u201csaid he was planning on shooting them.\u201d He \u201cwas very specific that he bought hollow-point bullets for maximum damage and took the guns to (a shooting) range so he\u2019d know how to shoot them and be accurate,\u201d King told the court in writing. He \u201cbelieved there was a conspiracy at work. He had many conversations with me about how angry he was about his co-workers for reporting him. He often referred to these women as bitches and couldn\u2019t seem to let go of the fact that they had complained about his behavior.\u201d King also told the court she knew of the affair and had seen on Stachura\u2019s phone photos of her husband and the student. In his court filings, Stachura denied making threats, saying he told King he\u2019d only had a dream about a shooting and bought guns for home defense during Covid-19 before allegations of the affair arose. All Things Considered 2/21/25, 8:03 Chico State professor disciplined for student affair allegedly threatened colleagues who complained 4/25 He told EdSource, King filed a court document in August 2021 related to the alleged threat: a receipt in Stachura\u2019s name for 10 boxes of 12-gauge double-aught buck shotgun shells and several boxes of 10mm handgun ammunition bought at a Chico gun store and shooting range on Oct. 15, 2020. That was the same date that Tina Leung, the Chancellor\u2019s Office manager of investigations, appeals and compliance, emailed Stachura her denial of his appeal in the affair case. The threat allegations became known to Chico State officials months later, in August 2021. Stachura told EdSource in an interview he only kept birdshot shells for his shotgun, \u201cwhich (are) basically lethal to a squirrel.\u201d Asked why he bought the far-deadlier buckshot, he twice said he didn\u2019t recall the transaction. But, moments later, he said he did remember the buckshot purchase. It was unrelated to the appeal denial, which he said he expected and that it didn\u2019t upset him. He said he just decided coincidentally that day to stock up on ammo that had been \u201cimpossible to purchase\u201d during Covid, calling the timing \u201cunfortunate.\u201d The pistol bullets were hollow points, the kind his wife described. \u201cThose are the best for home defense,\u201d he said. \u201cThis isn\u2019t some kind of crazy purchase.\u201d Risk potential After learning of the alleged threats in mid-August 2021, Chico State hired former agent Stephen Carter, of the Threat Assessment Group, to assess Stachura. The professor was about to return to a full semester of teaching. The discipline over the affair was behind him never made any threats to these people.\u201d All Things Considered 2/21/25, 8:03 Chico State professor disciplined for student affair allegedly threatened colleagues who complained 5/25 Carter told Chico State officials that if they believed King\u2019s \u201creport of homicidal intent toward the two professors and believe that (Stachura) remains angry toward the two professors, it may be appropriate to conclude that (Stachura) does pose an unacceptable risk of violence to the workplace,\u201d and should be terminated, Carter wrote to university Labor Relations Director Denise Hardy on Sept. 14, 2021. The threat allegations originated with King, whom Stachura contradicted, Carter noted. What King told the court about Stachura suggests the presence of \u201crisk factors for violence.\u201d He also identified three \u201csituational risk factors for violence\u201d \u2014 the restraining order, the loss of an important relationship (his marriage) and family stress. Carter also found that \u201cdespite apparent evidence to the contrary,\u201d Stachura denied \u201cany romantic or sexual contact with the student.\u201d While he didn\u2019t know \u201cwith certainty, the truth of this matter,\u201d Carter said he \u201cassumed (Stachura) has not been truthful about the alleged affair,\u201d adding \u201crepeated dishonesty is also a risk factor for general violence.\u201d Carter declined an interview request. Noise through the walls In mid-March 2020, a professor in an office adjoining Stachura\u2019s in Chico State\u2019s Holt Hall heard sex sounds, she told an investigator, records show. The professor said she recognized a graduate student\u2019s voice. She heard her \u201cstop vocalizing sex sounds, say \u2018hold on\u2019 and then the sex sounds started again,\u201d records Permitting Stachura to stay, he wrote, \u201cwould perpetuate the risk of potential harm to the two professors who provided evidence against (Stachura) and, potentially, the broader community.\u201d All Things Considered 2/21/25, 8:03 Chico State professor disciplined for student affair allegedly threatened colleagues who complained 6/25 show. In the following weeks, she heard similar noises at least three more times. She told an investigator that Stachura \u201cturned the space into a clubhouse. They were very loud and not hiding their relationship.\u201d In June, another professor knocked on Stachura\u2019s door. There was shuffling, she told an investigator. The door opened. \u201cThere was a strange odor emanating from the room, a hot, no-air-flow kind of smell. The aroma was sweaty.\u201d The student sat on a futon opened into a bed. Stachura sat nearby, shoeless. EdSource David Stachura\u2019s office door in the Department of Biological Sciences in Chico State Holt Hall. After sharing their experiences, the professors asked Gordon Wolfe, a tenured colleague, to talk to Stachura. Wolfe taught biology at Chico State since 2000. \u201cIt was impeding their ability to work because it was unprofessional and damaging to morale to have to listen to this. They just didn\u2019t feel, as junior faculty, comfortable talking to him about anything personal,\u201d Wolfe told EdSource. Wolfe called Stachura, who \u201cdenied everything,\u201d Wolfe said. Despite the Cpvid lockdown, professors sometimes used their offices to teach remotely, and lab experiments had to be attended to. Stachura said he had to go in daily to feed his laboratory fish. All Things Considered 2/21/25, 8:03 Chico State professor disciplined for student affair allegedly threatened colleagues who complained 7/25 In late June 2020, one of the professors said she saw Stachura kissing the student in a laboratory, records show. The kiss was reported to the university\u2019s Title office, which opened an investigation. Consensual relationships between professors and students they teach are banned to eliminate \u201cthe academic equivalent of the casting couch,\u201d said lawyer Brett Sokolow, chairman of the advisory board of the National Association of Title Administrators. They protect those \u201cat the lower end\u201d of power dynamics, students competing for research jobs or a professor\u2019s attention, he said. If a relationship between a student and a professor \u201cbecomes known, it can taint scholarship and academic success because people will always wonder whether it was truly merited.\u201d \u201cWe have a friendship\u201d The student denied the affair to investigator Robert Morton. EdSource is not identifying the student, and she didn\u2019t return multiple messages. She told Morton that sometimes she lunched with Stachura in his office. She didn\u2019t know why anyone thought more was occurring. Morton twice interviewed Stachura, who had responses to the allegations, documents show. The sex sounds must have come from movies he and the student watched. Morton wrote Stachura\u2019s \u201ccredibility was diminished because he prevaricated, deflected to other issues rather than answer questions, and changed his responses to significant questions after the first interview.\u201d \u201cPeople have a terrible impression of me and this student. We do have a relationship. We have a friendship. This feels like a vindictive type of thing to teach me a lesson.\u201d All Things Considered 2/21/25, 8:03 Chico State professor disciplined for student affair allegedly threatened colleagues who complained 8/25 Stachura \u201cspent time attacking the credibility of witnesses rather than describing or explaining why he would be alone in his office with (the student) with the lights off, the futon extended into a bed, and with what a witness described as post-coital smells emanating from the room,\u201d Morton wrote. Stachura received notice on Sept. 15, 2020, that Morton determined he\u2019d violated university policy by having \u201ca consensual sexual relationship with a student over whom he had direct authority.\u201d The appeal denial arrived a month later. In the denial, Leung noted Stachura \u201ccontended that the investigator falsified evidence.\u201d Leung rejected that argument reckoning for The focus on how CSU, the nation\u2019s largest public university, handles violations of gender and sexual harassment policies based on federal laws known as Title followed then-Chancellor Joseph I. Castro\u2019s sudden resignation in February. It followed a Today report that as president of Fresno State University he failed to take proper action about sexual-harassment complaints against a subordinate. An investigation that trustees ordered found Castro mishandled the matter. The trustees also ordered an ongoing review of cases at each of the system\u2019s 23 campuses. Chico State was reviewed in September, said Michael Uhlenkamp spokesman. Also in February, the Mercury News reported, former San Jose State President Mary Papazian ignored dire warnings upon taking office in 2016 that an athletic trainer was inappropriately touching female athletes. She didn\u2019t act for three years. The fallout cost the school millions of dollars in settlements. The U.S. Justice Department now monitors SJSU\u2019s Title compliance. The threat allegations are also revealed amid heightened concerns over campus and workplace violence following the fatal shooting of a University of Arizona professor and the shootings of Virginia Walmart workers last month by a supervisor. They also arise a year after a worker at the Valley Transportation Authority in San Jose killed nine co- workers and himself in one of California\u2019s deadliest workplace shootings. Records across the system show five employees (besides Stachura) had been found in inappropriate consensual relationships that were resolved between 2017 and All Things Considered 2/21/25, 8:03 Chico State professor disciplined for student affair allegedly threatened colleagues who complained 9/25 early 2022. Three occurred at Chico State. The others involved San Francisco State and San Bernardino. Records show the employees either resigned or were fired. Chico State police officer Richard Gridley and kinesiology professor Michael Regan resigned before they were disciplined, records show. The university fired tenured professor Christopher Marks when an investigation concluded he had two banned relationships with students. Documents on those cases haven\u2019t yet been released. Summary information released this year on Title and related cases resolved over five years shows 67 out of 103 resulted in employees leaving either by termination, resignation or retirement prior to being disciplined or by a contract or appointment not being renewed. Some facing termination dropped appeals and resigned, common moves in California public employment that eases finding work elsewhere. Dr. Zebrafish Stachura, 44, received a doctorate in cell and molecular biology from the University of Pennsylvania in 2006. He did postdoctoral research at San Diego before joining Chico State. It wasn\u2019t the career Stachura envisioned, King told EdSource. The couple married in 2010. \u201cHe was angry about being at Chico State. He thought other faculty members were below and beneath him,\u201d she said. \u201cHe was angry when another faculty member would win an award, especially a female. He was angry and upset that he wasn\u2019t a professor at Stanford.\u201d Stachura advanced from assistant to associate professor in 2016. His salary and benefits for 2020 totaled about $130,000, records show. He works primarily with zebrafish, a minnow used in nervous- and immune-system research. His pickup truck has vanity license plates: ZBRAFSH. He also works part time for two biotech companies. Between 2016 and 2022, Stachura published or co-published at least 25 papers in academic journals, National Library of Medicine indexes show fought this as hard as could\u2019 All Things Considered 2/21/25, 8:03 Chico State professor disciplined for student affair allegedly threatened colleagues who complained 10/25 Chico State offered Stachura an \u201cinformal resolution\u201d of his affair case that Provost Debra Larson approved on Dec. 1, 2020 fought this as hard as could decided to settle,\u201d Stachura told EdSource. Larson didn\u2019t respond to questions. Ann Olivarius, an international women\u2019s rights attorney, said in an interview with EdSource that Stachura \u201cacted egregiously and inappropriately by any analysis.\u201d She also said Stachura created a hostile work environment for his colleagues by having sex in his office and allegedly threatening to kill the professors after they complained. She also criticized Chico State for the settlement. The school, she said, is saying \u201cit\u2019s to conduct yourself like (Stachura) conducted himself and if you are working in the same department, well, shut up.\u201d Stachura\u2019s reapplication for tenure was approved in the spring of 2021. That June, campus President Gayle Hutchinson announced Chico State\u2019s Faculty Recognition and Support Committee had chosen Stachura as \u201cOutstanding Professor\u201d for the 2020-21 academic year. Neither Hutchinson nor committee members knew of the findings about the affair because the investigation was confidential and the campus was on Covid lockdown, said Staples, Chico State spokesman. \u201cWhile the award was not rescinded, the university has since put in stronger protocols to ensure that faculty members who are nominated for future awards represent the university\u2019s values.\u201d Freaked out After the case ended, Stachura\u2019s marriage collapsed. King filed for divorce in July 2021 and requested a restraining order, claiming he was \u201ca very heavy drinker\u201d and repeatedly threatened her am very concerned about David\u2019s mental state.\u201d She told the court his alleged affair continued. She then disclosed the alleged threat against the professors. Judge Sandra McLean granted the restraining order, requiring Stachura to surrender his guns to Chico Police. King\u2019s attorney informed the professors of the alleged threat. All Things Considered 2/21/25, 8:03 Chico State professor disciplined for student affair allegedly threatened colleagues who complained 11/25 Word spread quickly through the biology department. Wolfe went to court and copied documents. \u201cMy colleagues were completely freaked out,\u201d he told EdSource. EdSource Wolfe sent an email with the subject line to College of Natural Sciences Dean David Hassenzahl on Aug. 16, 2021. The two professors \u201care both terrified,\u201d he wrote. Stachura, Wolfe wrote, had already shown \u201ca history of impulsive and destructive behavior,\u201d Wolfe wrote, a reference to the affair. The threats made \u201cit impossible for (Stachura) to continue as a colleague.\u201d Hassenzahl said the university would investigate. Stachura was put on paid leave two days after Wolfe\u2019s alert. He remained on leave for about a month, then returned to work. One professor who was not a target of the alleged threat was so concerned when Stachura returned that she soon left the university. All Things Considered 2/21/25, 8:03 Chico State professor disciplined for student affair allegedly threatened colleagues who complained 12/25 Chico State \u201cdidn\u2019t act to protect the faculty, staff or students,\u201d Cawa Tran, now a University of San Diego professor, said in an interview. She said she knows of other professors actively looking to leave and another who turned down a biology department job after learning of the allegations. Tran said left due to psychological damages sustained from the fear, anger and injustice felt from the situation.\u201d Daniel J. Willis, EdSource data journalist, and Rick Silva of the Chico Enterprise-Record contributed to this story. Tags News Chico State California Education CSU's Title Reckoning Thomas Peele Thomas Peele is an investigative reporter at EdSource. He is a Pulitzer Prize winning investigative reporter. See stories by Thomas Peele \u201cThe university essentially forced us all to continue working with him. And this was especially difficult for the women in the department.\u201d All Things Considered 2/21/25, 8:03 Chico State professor disciplined for student affair allegedly threatened colleagues who complained 13/25 EdSource EdSource believes that access to a quality education is an important right of all children. We further believe that an informed, involved public is necessary to strengthen California\u2019s schools for the benefit of the state\u2019s children, its civic life, and its economy. See stories by EdSource Battle royal draws hundreds of pro wrestling fans to Oroville Inspire hopes to break ground soon on permanent campus North State schools could lose funding after Republican lawmakers fail to pass rural school bill New Public Health Officer seeks to inform and engage Butte County Shasta Scout reporter on recent death in county jail Sarina Grossi: NSPR\u2019s new Morning Edition anchor More News All Things Considered 2/21/25, 8:03 Chico State professor disciplined for student affair allegedly threatened colleagues who complained 14/25 Exhibit aims to expand ideas of Asian American art in the North State Bird art exhibit takes over All Things Considered 2/21/25, 8:03 Chico State professor disciplined for student affair allegedly threatened colleagues who complained 15/25 All Things Considered 2/21/25, 8:03 Chico State professor disciplined for student affair allegedly threatened colleagues who complained 16/25 All Things Considered 2/21/25, 8:03 Chico State professor disciplined for student affair allegedly threatened colleagues who complained 17/25 All Things Considered 2/21/25, 8:03 Chico State professor disciplined for student affair allegedly threatened colleagues who complained 18/25 All Things Considered 2/21/25, 8:03 Chico State professor disciplined for student affair allegedly threatened colleagues who complained 19/25 All Things Considered 2/21/25, 8:03 Chico State professor disciplined for student affair allegedly threatened colleagues who complained 20/25 \u00a9 2021 About Us All Things Considered 2/21/25, 8:03 Chico State professor disciplined for student affair allegedly threatened colleagues who complained 21/25 Privacy Policy Contact Us: 530-898-5896 Find All Things Considered 2/21/25, 8:03 Chico State professor disciplined for student affair allegedly threatened colleagues who complained 22/25 2/21/25, 8:03 Chico State professor disciplined for student affair allegedly threatened colleagues who complained 23/25 2/21/25, 8:03 Chico State professor disciplined for student affair allegedly threatened colleagues who complained 24/25 2/21/25, 8:03 Chico State professor disciplined for student affair allegedly threatened colleagues who complained 25/25"}
7,537	Asif Shakur	Salisbury University	[ "7537_101.pdf" ]	{"7537_101.pdf": "The Wayback Machine - leading resource for evaluating potential employers Home Rate My Boss About Monday January 22nd 2018 Search Categories America's Worst Bosses bad bosses Boss's Tip of the Week Coping with a Toxic Boss discrimination employment lawyers good bosses harassment hostile work environment race discrimination racial harassment rate my boss retaliation sex discrimination sexual harassment uncategorized workplace bullying workplace violence wrongful termination Interesting Sites Bullies Be Gone Alabama Employment Law Report Erica Pinsky's Blog GreatPlaceJobs Bully Free At Work 2/21/25, 8:04 Salisbury University panel sanctions professor for sexually harassing student \| eBossWatch 1/4 Karla Porter Keppie Careers MyWhistle.com The Infusion Group The People Group Workplace Bullying Institute California Healthy Workplace Advocates Catherine Mattice iGet2Work Linnda Durr\u00e9, Ph.D. Marilyn Veincentotzs Workplace Credible Activist Insider Log in Archives July 2015 Salisbury University panel sanctions professor for sexually harassing student In August, a Salisbury University panel concluded an investigation and found that physics professor Asif Shakur violated the school\u2019s sexual harassment policy by inappropriately touching a student\u2019s breasts and buttocks. According to The Daily Times: As a result of its findings, the Fair Practices Panel recommended Shakur be sanctioned in addition to receiving a written reprimand and suspension without pay during the fall 2010 semester. The panel suggested the professor receive counseling to better educate himself on sexual harassment and appropriate student-teacher relationships and recommended he not be allowed to return to his position until he can provide documentation that he completed the counseling. In May, a second female student filed a complaint against Shakur alleging he had rubbed his genitals against her while she completed an assignment in October 2009, according to the Fair Practices Panel investigative report. The university panel decision came four months after a Wicomico County Circuit Court jury found Shakur not guilty of sex offense after a two-day trial April 29. \u2014\u2014\u2014\u2014\u2014\u2014\u2013 2/21/25, 8:04 Salisbury University panel sanctions professor for sexually harassing student \| eBossWatch 2/4 Follow 2 votes, 4.50 avg. rating (91% score) Got a tip about a bad boss that eBossWatch should feature? Do you want to expose your toxic boss? Let us know! Send us an email at [email protected] Rate your boss at eBossWatch Post Published: 17 October 2010 Author: creda Found in section: sexual harassment Tags: Asif Shakur Salisbury University sexual harassment investigation Previous Topic: Appeals court upholds firing of Defense Logistics Agency boss Next Topic: Sexual harassment complaints lead to termination of Regional Jail Authority executive director Share Share 2/21/25, 8:04 Salisbury University panel sanctions professor for sexually harassing student \| eBossWatch 3/4 Recent Posts Lion-hunting dentist Walter Palmer accused of sexually harassing former employee American Apparel describes multiple sexual harassment and assault accusations against former Dov Charney Jury awards woman $18 million in New York Global Group Benjamin Wey sexual harassment lawsuit American Apparel Dov Charney Suspension Letter The Professor Gabriel Piterberg sexual harassment lawsuit allegations Find us on Google+ Log in Powered by WordPress Copyright \u00a9 2018 eBossWatch All rights reserved News Magazine Theme 640 designed by antisocialmediallc.com 2/21/25, 8:04 Salisbury University panel sanctions professor for sexually harassing student \| eBossWatch 4/4"}
7,545	Philip Jacklin	San Jose State University	[ "7545_101.pdf" ]	{"7545_101.pdf": "Sexual Harassment By Compiled College newspapers February 2, 1980 Want to keep up with breaking news? Subscribe to our email newsletter When Professors Speak Out, Some Students Stay Quiet. Can Harvard Keep Everyone Talking Allston Residents, Elected Of Ask for More Benefits from 10-Year Plan JOSE, Cal--Two Eay Area professors, one at San Jose State University and the other at University of California at Berkeley, have been severely disciplined for allegedly sexually harassing women students. Philip Jacklin, associate professor of philosophy at San Jose State, was fired after a unanimous recommendation for dismissal by a faculty committee and by the university's president, Gail Fullerton. Five women students had accused Jacklin of persistently touching, embracing, kissing, fondling and propositioning them in incidents dating since the fall of 1977. At Berkeley, Elbaki Hermassi, assistant professor of sociology, was suspended without pay for one quarter for allegedly similar behavior dating since 1971 record of the incident will also be placed in Hermassi's permanent personnel file, university officials said. Spokesmen for both universities said they believe their actions for sexual harassment were the most severe taken recently by any university in the county. Sections 2/21/25, 8:04 Sexual Harassment \| News \| The Harvard Crimson 1/4 1. Former Harvard President Claudine Gay Moderates Book Talk in Rare Appearance 2. Researchers, Educators Rally in Downtown Boston To Protest Trump\u2019s Research Funding Cuts 3. Ed Department Report Finds Massachusetts Fails to Support Students with Special Education Needs 4. Biopharma Giant to Expand Research and Development Footprint in Cambridge 5. Free Speech is Dead at Harvard Doubt It\u2019s Returning Anytime Soon The Harvard Crimson's Guide To Your Summer Opportunities \| 2025 Over 300+ courses at prestigious colleges and universities in the and are at your disposal Three Ways Collegiate Can Reduce Your Financial Stress With innovative financial tools combined with financial education, Collegiate empowers students to take control of their finances and build confidence in their money management skills Build Community at Harvard: Summer 2025 Proctor Opportunities Serve as a proctor for Harvard Summer School (HSS) students, either in the Secondary School Program (SSP), General Program (GP), or Pre-College Program. Sections 2/21/25, 8:04 Sexual Harassment \| News \| The Harvard Crimson 2/4 The Harvard Crimson The University Daily, Est. 1873 Successful Law School Essays \| 2024 With an increasingly competitive Law School admissions process, it's important to understand what makes an applicant stand out Huckberry Holiday Guide Welcome to your one-stop gifting destination for men and women\u2014it's like your neighborhood holiday shop, but way cooler Siddharth's Essay Admit Expert is a premium admissions consulting company, helping candidates secure admission to top B-schools across the globe with significant scholarships. Sections 2/21/25, 8:04 Sexual Harassment \| News \| The Harvard Crimson 3/4 News Opinion Arts Blog Magazine Videos Sports General Diversity & Inclusion Privacy Policy Rights & Permissions Sitemap Advertising Newsletters Journalism Programs Corrections Copyright \u00a9 2025 The Harvard Crimson, Inc. Sections 2/21/25, 8:04 Sexual Harassment \| News \| The Harvard Crimson 4/4"}
7,306	Paul Whalen	Dartmouth College	[ "7306_101.pdf", "7306_102.pdf", "7306_103.pdf", "7306_104.pdf", "7306_105.pdf", "7306_106.pdf", "7306_107.pdf", "7306_108.pdf" ]	{"7306_101.pdf": "Support independent student journalism February 21, 2025 \| Latest Issue News Heatherton retires following sexual misconduct allegations Photo by Erin Lee / The Dartmouth Psychological and brain sciences professor Todd Heatherton has retired following a recommendation that his employment be terminated in response to sexual misconduct allegations against him. By The Dartmouth Senior Staff Published June 13, 2018 \| Updated June 15, 2018 Updated: June 15, 2018 at 1:35 a.m. \uf0c9 \uf002 2/21/25, 8:04 Heatherton retires following sexual misconduct allegations - The Dartmouth 1/6 Psychological and brain sciences professor Todd Heatherton has elected to retire immediately following a recommendation from Dean of the Faculty of Arts and Sciences Elizabeth Smith, upheld by the faculty- elected Review Committee, that his tenure be revoked and his employment terminated. Smith's recommendation follows a review of Heatherton by an external investigator for sexual misconduct. Professors Bill Kelley and Paul Whalen of the department, who are also under investigation for sexual misconduct, remain under review. In a press release provided by his lawyer Julie Moore, Heatherton stated that he retired because he thought it was best for his family, the College and the graduate students involved in the investigation. Multiple students in the department have previously spoken to The Dartmouth alleging sexual misconduct on the part of Heatherton, Kelley and Whalen acknowledge that acted unprofessionally in public at conferences while intoxicated,\" Heatherton wrote offer a humble and sincere apology to anyone affected by my actions.\u201d Heatherton, Kelley and Whalen have been under review since last fall. Per an email sent to all of campus by College President Phil Hanlon, Smith has also made recommendations for Kelley and Whalen that have been upheld by the Review Committee. Kelley and Whalen will remain on paid leave until Dean Smith\u2019s recommendations are reviewed by the Dartmouth-wide Council on Academic Freedom and Responsibility, an 18-member council elected by the faculty. Heatherton, who was eligible to retire based on his age and length of service, chose to do so prior to review. After the reviews are completed, Hanlon will deliver the report, as well as full transcripts of any hearings, to the College\u2019s Board of Trustees, who will make a final decision on each case. According to an email from College spokesperson Diana Lawrence, none of the external investigator\u2019s reports or information from the will be made public for any of the professors. Hanlon\u2019s email did not disclose Smith or the Review Committee\u2019s recommendations for Kelley and Whalen \u201cout of respect for the ongoing process.\u201d Lawrence wrote that she cannot speculate on the timeframe for the and the Board to reach a decision. 2/21/25, 8:04 Heatherton retires following sexual misconduct allegations - The Dartmouth 2/6 The three professors have also been under criminal investigation by the New Hampshire attorney general\u2019s office since last October. Senior assistant attorney general Geoffrey W.R. Ward wrote in an email that the attorney general's office remains ongoing. Hanlon's email notes that the College is continuing to cooperate with law enforcement on their separate investigation. Heatherton remains barred from entering campus property or attending College events. He will also not be granted emeritus status, according to Lawrence. Kelley and Whalen are also restricted from entering College property. In addition to his vested retirement funds, Heatherton is eligible to receive retiree health coverage from the College. Lawrence wrote that employees who have reached the age of 55 and have at least 10 years of continuous service are eligible for some retiree health benefits, regardless of their reason for leaving the College. Dartmouth does not have the power to prevent a retirement or disallow health benefits for retirees, Lawrence wrote. The Dartmouth first reported on Oct. 25, 2017 that the three professors were on paid leave and under investigation for misconduct. On Oct. 31, Hanlon wrote a campus-wide email confirming that the professors were \u201calleged to have engaged in sexual misconduct and are being investigated by law enforcement,\u201d including the New Hampshire attorney general\u2019s office, the Grafton County attorney, the New Hampshire State Police, the Grafton County Sheriff\u2019s office and Hanover Police. On Nov. 10, the College announced that it had hired an external investigator to conduct its own investigations of the allegations. On Nov. 18, The Dartmouth reported that fifteen undergraduate, graduate and postdoctoral students and scholars in the department signed a statement to The Dartmouth alleging that the three professors 2/21/25, 8:04 Heatherton retires following sexual misconduct allegations - The Dartmouth 3/6 created a \u201chostile academic environment in which sexual harassment is normalized.\u201d They further claimed that the professors had violated one or more of the College\u2019s Employee Sexual Misconduct Policy, Employee Sexual Harassment Policy and Policy on Instructor-Student Consensual Relationships. Four of those signees spoke directly to The Dartmouth about their experiences, and three more provided written statements about their time in the department. On Feb. 19, 2018, Hanlon announced that the external investigator was \u201cclose to concluding her work,\u201d and that, after the completion of investigations, disciplinary action following procedures in the Organization of the Faculty of Dartmouth College would be pursued Review: Kendrick Lamar\u2019s halftime performance was always going to be \u2018bigger than the music\u2019 By Brendilou Armstrong \| February 14, 2025 Underage alcohol charge against Alpha Phi sorority dropped By Annabelle Zhang \| February 10, 2025 funding cuts could \u2018severely hinder\u2019 research at Dartmouth By Iris WeaverBell \| February 20, 2025 Two student protesters sentenced to community service in trespassing case By Alesandra Gonzales \| February 12, 2025 Upper Valley raid rumors spark anxiety, confusion By Isabella Konecky and Devon Schindler \| February 13, 2025 The Dartmouth 2/21/25, 8:04 Heatherton retires following sexual misconduct allegations - The Dartmouth 4/6 America's oldest college newspaper. Founded 1799 Beilock News Opinion Sports Arts Mirror Data Cartoon Visual Essays \uf111 \ue61b \uf111 \uf39e \uf111 \uf16d \uf111 \uf167 2/21/25, 8:04 Heatherton retires following sexual misconduct allegations - The Dartmouth 5/6 Podcasts Donate History Masthead Join Us Policies Advertise Contact Us Subscribe to our newsletter \uf061 \u00a9 2025 The Dartmouth, Inc. 6175 Robinson Hall Hanover 03755 Powered by Solutions by The State News 2/21/25, 8:04 Heatherton retires following sexual misconduct allegations - The Dartmouth 6/6", "7306_102.pdf": "Support independent student journalism February 21, 2025 \| Latest Issue News Whalen resigns amidst review for alleged sexual misconduct Photo by Peter Charalambous / The Dartmouth Moore Hall houses the psychological and brain sciences department. By The Dartmouth Senior Staff Published June 26, 2018 \| Updated June 29, 2018 Psychological and brain sciences professor Paul Whalen has resigned from the College effective immediately following an investigation into his behavior for allegations of sexual misconduct by a College- appointed external investigator. Professor Bill Kelley of the department, who was also investigated for sexual misconduct, remains under review. Whalen\u2019s resignation follows a recommendation from Dean of the Faculty of Arts and Sciences Elizabeth Smith that his tenure be revoked and his employment terminated. Smith\u2019s decision was upheld by the faculty- \uf0c9 \uf002 2/21/25, 8:04 Whalen resigns amidst review for alleged sexual misconduct - The Dartmouth 1/5 elected Review Committee. At the time of his resignation, Smith\u2019s recommendations for Whalen were being reviewed by the Dartmouth-wide Council on Academic Freedom and Responsibility, an 18-member council elected by the faculty. Kelley has also received a recommendation from Smith, as of yet undisclosed, that was upheld by the Review Committee, and is currently undergoing review. Earlier this month professor Todd Heatherton, who was also investigated for sexual misconduct, chose to retire after Smith recommended and the Review Committee upheld that his employment be terminated. According to an email statement from College spokesperson Diana Lawrence, Whalen was not yet eligible for retirement, which requires that the retiree be at least 55 and have served at Dartmouth for at least 10 years. While Heatherton will receive his vested retirement funds and retiree health coverage from the College, Whalen is not eligible for retiree health benefits. Whalen remains barred from entering campus property or attending College events following his resignation, as does Heatherton following his retirement. Kelley is also restricted from entering College property. Kelley will remain on paid leave until the reviews Smith\u2019s recommendations, after which College President Phil Hanlon will deliver the report, as well as full transcripts of any relevant hearings, to the College\u2019s Board of Trustees. The board is responsible for making a final decision on Kelley\u2019s case. After Heatherton\u2019s decision to retire, Lawrence wrote in a statement to The Dartmouth that none of the external investigator\u2019s reports or information from the will be made public for any of the professors. The New Hampshire attorney general\u2019s office has been conducting a criminal investigation of the three professors since last October campus-wide email from Hanlon announcing Whalen\u2019s resignation stated that the College is continuing to cooperate with law enforcement for their investigations. The Dartmouth left a voicemail with the attorney general\u2019s office asking whether there have been any updates in the criminal investigations. As of press time, Whalen had not responded to requests for comment. Lawrence previously told The 2/21/25, 8:04 Whalen resigns amidst review for alleged sexual misconduct - The Dartmouth 2/5 Dartmouth she believed he was represented by the firm of Good Schneider Cormier & Fried. An employee of the firm told The Dartmouth over the phone that she could neither confirm nor deny that the firm represented Whalen. The Dartmouth first reported on Oct. 25, 2017 that the three professors were under investigation for misconduct and on paid leave. On Oct. 31, Hanlon wrote a campus-wide email explaining that the three professors were \u201calleged to have engaged in sexual misconduct and are being investigated by law enforcement,\u201d including the New Hampshire attorney general\u2019s office, the Grafton County attorney, the New Hampshire State Police, the Grafton County Sheriff\u2019s office and Hanover Police. On Nov. 10, the College announced that it had hired an external investigator look into the allegations. On Nov. 18, The Dartmouth reported that 15 undergraduate, graduate and postdoctoral students and scholars in the department signed a statement to The Dartmouth alleging that the three professors created a \u201chostile academic environment in which sexual harassment is normalized.\u201d In addition, the student claimed that the professors had violated one or more of the College\u2019s Employee Sexual Misconduct Policy, Employee Sexual Harassment Policy and Policy on Instructor-Student Consensual Relationships. Four of those signees spoke directly to The Dartmouth about their experiences, and three more provided written statements about their time in the department. On Feb. 19, 2018, Hanlon announced that the external investigator was \u201cclose to concluding her work,\u201d and that, after the investigations were completed, disciplinary action following procedures in the Organization of the Faculty of Dartmouth College would be pursued. 2/21/25, 8:04 Whalen resigns amidst review for alleged sexual misconduct - The Dartmouth 3/5 This article will be updated as more information becomes available Review: Kendrick Lamar\u2019s halftime performance was always going to be \u2018bigger than the music\u2019 By Brendilou Armstrong \| February 14, 2025 Underage alcohol charge against Alpha Phi sorority dropped By Annabelle Zhang \| February 10, 2025 funding cuts could \u2018severely hinder\u2019 research at Dartmouth By Iris WeaverBell \| February 20, 2025 Two student protesters sentenced to community service in trespassing case By Alesandra Gonzales \| February 12, 2025 Upper Valley raid rumors spark anxiety, confusion By Isabella Konecky and Devon Schindler \| February 13, 2025 The Dartmouth 2/21/25, 8:04 Whalen resigns amidst review for alleged sexual misconduct - The Dartmouth 4/5 America's oldest college newspaper. Founded 1799 Beilock News Opinion Sports Arts Mirror Data Cartoon Visual Essays Podcasts Donate History Masthead Join Us Policies Advertise Contact Us Subscribe to our newsletter \uf061 \u00a9 2025 The Dartmouth, Inc. 6175 Robinson Hall Hanover 03755 Powered by Solutions by The State News \uf111 \ue61b \uf111 \uf39e \uf111 \uf16d \uf111 \uf167 2/21/25, 8:04 Whalen resigns amidst review for alleged sexual misconduct - The Dartmouth 5/5", "7306_103.pdf": "Paul Whalen Resigns From Faculty The former professor had been investigated following allegations of sexual misconduct Articles (Photo by Eli Burakian \u201900) 6/26/2018 aul Whalen, one of three professors in the Department of Psychological and Brain Sciences (PBS) who have been investigated for alleged Susan J. Boutwell 2/21/25, 8:05 Paul Whalen Resigns From Faculty \| Dartmouth 1/6 sexual misconduct, has resigned after it was recommended that he lose tenure and be dismissed. His resignation is effective immediately. President Phil Hanlon \u201977 notified the Dartmouth community of Whalen\u2019s resignation in an email sent today. In addition, President Hanlon said that faculty member William Kelley, who has also been investigated for alleged sexual misconduct, remains on paid leave with restricted access to Dartmouth property pending the conclusion of College disciplinary proceedings in his case. Whalen\u2019s resignation follows the June 14 retirement of the third faculty member who\u2019d been under investigation, Todd Heatherton. Given his age and length of employment, Heatherton was able to retire. That option was not available to Whalen. Whalen\u2019s decision came after Dean of the Faculty of Arts and Sciences Elizabeth Smith recommended that his tenure be revoked and that his employment be terminated. He will continue to be prohibited from entering Dartmouth property or attending any Dartmouth-sponsored events, no matter where they are held. The College has not entered into separation or non- disclosure agreements with Whalen and has made no severance payment to him, Hanlon wrote. \u201cThese are difficult issues, but as we move forward am confident that we are strengthening our community. Thank you for your patience and support as this process continues,\u201d Hanlon said in the email. In October, Hanlon announced that Dartmouth had hired an independent investigator to conduct separate internal investigations of the allegations against Whalen, Heatherton, and Kelley. At the time, Heatherton was on sabbatical leave and Whalen and Kelley were on paid leave. Also at the time, New Hampshire state and local law enforcement officials said they were launching an investigation into the allegations. The College continues to cooperate with law enforcement officials on their investigation. 2/21/25, 8:05 Paul Whalen Resigns From Faculty \| Dartmouth 2/6 The cases of the three men have followed Dartmouth institutional policy, as set forth in the . Smith\u2019s recommendation for each man was assessed and upheld by the faculty- elected Review Committee, which is part of the Faculty of Arts and Sciences. Her recommendation regarding Kelley is currently under review by a second faculty-elected committee, the Council on Academic Freedom and Responsibility, which draws its membership from faculty in arts and sciences and Dartmouth\u2019s professional schools. The disciplinary process, Hanlon wrote in a June 14 email notifying the community of Heatherton\u2019s retirement, \u201cis multi-layered, rigorous, and designed to safeguard the rights of the participants\u2014all parties were given ample opportunity to present information to the investigator, who conducted numerous in-person interviews with the parties as well as with witnesses.\u201d Susan Boutwell can be reached at . Organization of the Faculty of Dartmouth College [email protected] Articles 2/21/2025 Anita Hill Says Confidence in Supreme Court Is At Risk 2/21/25, 8:05 Paul Whalen Resigns From Faculty \| Dartmouth 3/6 Articles 2/20/2025 Kudos: Magnuson Team Wins Venture Capital Competition 2/21/25, 8:05 Paul Whalen Resigns From Faculty \| Dartmouth 4/6 Contact Careers Administrative Offices Emergency Preparedness Directory Mental Health Resources Sexual Respect & Title Accessibility Campus Map 2/21/25, 8:05 Paul Whalen Resigns From Faculty \| Dartmouth 5/6 Copyright \u00a9 2025 Trustees of Dartmouth College Privacy Index Site or Accessibility feedback 2/21/25, 8:05 Paul Whalen Resigns From Faculty \| Dartmouth 6/6", "7306_104.pdf": "Home \u00bb Case \u00bb Discrimination and Harassment Cases \u00bb Dartmouth Title Class Action Search \uf002 a Menu a 2/21/25, 8:05 Dartmouth Title Class Action \| Employment Law and Financial Services Litigation \| Sanford Heisler Sharp McKnight Complaint alleged that Dartmouth,lab assi\u2026 1/7 a 2/21/25, 8:05 Dartmouth Title Class Action \| Employment Law and Financial Services Litigation \| Sanford Heisler Sharp McKnight Complaint alleged that Dartmouth,lab assi\u2026 2/7 Dartmouth Title Class Action Case name: Kristina Rapuano, Vassiki Chauhan, Sasha Brietzke, et al. v. Trustees of Dartmouth College Case type: Gender Discrimination and Title Filed in: [United States District Court for the District of New Hampshire] Docket: [Case no: 1:18-cv-01070 (LM)] Case Summary On November 15, 2018, Sanford Heisler Sharp McKnight filed a landmark, $70 million Title class action lawsuit against Dartmouth College in New Hampshire federal court on behalf of female students in Dartmouth\u2019s Department of Psychology and Brain Sciences (\u201cPBS\u201d). The Complaint alleged that Dartmouth willfully ignored more than a decade of widespread sexual misconduct by tenured professors Todd Heatherton, William Kelley, and Paul Whalen, who formed a private \u201cpredators club\u201d and treated the Department like a \u201c21st Century Animal House,\u201d hiring lab assistants based on their physical attractiveness. The Complaint detailed how the professors preyed on vulnerable female scientists, hitching their a 2/21/25, 8:05 Dartmouth Title Class Action \| Employment Law and Financial Services Litigation \| Sanford Heisler Sharp McKnight Complaint alleged that Dartmouth,lab assi\u2026 3/7 academic support to the female students\u2019 participation in the \u201calcohol- saturated party culture\u201d that the professors perpetuated. In early 2017, according to the Complaint, a group of female graduate students contacted Dartmouth\u2019s Title office and detailed instances of sexual harassment and assault by the professors. But Dartmouth, the Complaint said, made no effort in the interim to protect or warn its students, even while as many as 27 complainants added their voices to the investigation. During this interval, the Complaint alleged, one of the seven named plaintiffs was sexually assaulted by Whalen. Not until October 2017, when word of the complaints leaked to the press, did the school disclose the investigation, according to the Complaint. In 2018, all three of the professors were allowed to resign or retire proposed plaintiffs\u2019 class of more than 40 current and former students joined the lawsuit against the college, which alleged violations of Title IX, quid pro quo sexual harassment, gender discrimination, retaliation, and violation of state laws. In May 2020, the Court approved a historic settlement that included $14 million in monetary relief, as well as programmatic relief valued at an additional $1.5 million. Procedural History\" a 2/21/25, 8:05 Dartmouth Title Class Action \| Employment Law and Financial Services Litigation \| Sanford Heisler Sharp McKnight Complaint alleged that Dartmouth,lab assi\u2026 4/7 News Coverage\" Attorneys Involved in the Case Press Releases \\ August 6, 2019 \u2013 Dartmouth College and Nine Current and Former Dartmouth Students Announce Settlement of Title Class Action Nicole Wiitala Managing Partner for Legal Personnel and Co-Ombudsperson David Sanford Chairman 45 a 2/21/25, 8:05 Dartmouth Title Class Action \| Employment Law and Financial Services Litigation \| Sanford Heisler Sharp McKnight Complaint alleged that Dartmouth,lab assi\u2026 5/7 Submit a Contact Request Form Today Locations New York Office 17 State Street Suite 3700 New York 10004 646-586-2392 Washington Office 700 Pennsylvania Avenue Suite 300 Washington 20003 202-301-8156 San Francisco Office 50 California Street Suite 1538 San Francisco 94111 415-275-3561 Palo Alto Office 300 Hamilton Avenue Suite 500 Palo Alto 94301 650-272-3366 Nashville Office San Diego Office a 2/21/25, 8:05 Dartmouth Title Class Action \| Employment Law and Financial Services Litigation \| Sanford Heisler Sharp McKnight Complaint alleged that Dartmouth,lab assi\u2026 6/7 611 Commerce Street Suite 3100 Nashville 37203 615-499-5280 7911 Herschel Avenue Suite 300 La Jolla 92037 619-312-6760 Attorney Advertising The firm is committed to litigating and resolving public interest, social justice, and civil rights matters that add significant value to individuals, groups of individuals, and communities. We excel at representing individuals, groups of individuals, and public entities in discrimination, whistleblower, ERISA, sexual violence, Title IX, victims\u2019 rights, and public sector litigation. As one recent client noted, \u201cThis firm has proven again and again it has the necessary talent, experience, intelligence, creativity, and resources to represent workers and whistleblowers successfully against the country\u2019s largest employers.\u201d \ue093 \ue09a \ue09d \ue094 \ue0a3 \u00a9 2025 Sanford Heisler Sharp McKnight \u2022 All Rights Reserved Disclaimer \| Site Map \| Privacy Policy \| Business Development Solutions by FindLaw a 2/21/25, 8:05 Dartmouth Title Class Action \| Employment Law and Financial Services Litigation \| Sanford Heisler Sharp McKnight Complaint alleged that Dartmouth,lab assi\u2026 7/7", "7306_105.pdf": "( 2/21/25, 8:05 Paul Whalen, Dartmouth College professor, sexual misconduct allegations 1/79 Paul Whalen is one of 262 celebrities, politicians, CEOs, and others who have been accused of sexual misconduct since April 2017 DOM\u00cdNGUEZ C\u00c1RDENAS D\u00cdAZ 2/21/25, 8:05 Paul Whalen, Dartmouth College professor, sexual misconduct allegations 2/79 Updated: Jan. 9, 2019 Update July 16, 2021: This list was created in 2017 as a way to represent the scope of the Me Too movement. Though the list, compiled from news reports, could never be exhaustive, the goal was to document the range of people across industries who were the subject of sexual misconduct reports. The list was updated periodically until February 2020; it has not been updated since then. In the intervening period, some of the people on this list have faced legal or professional consequences, while in other cases, further action was not supported or taken. While the Me Too movement continues to have an impact, this list is not an ongoing record of allegations and their outcomes; rather, it is meant as a snapshot of a particular moment in time. The list was updated periodically until February 2020, and is no longer being updated regularly. Harvey Weinstein. Mario Batali. Louis C.K. As the Me Too movement gained prominence, more than 250 powerful people \u2014 celebrities ( spacey-sexual-assault-allegations-house-of-cards), politicians ( moore-republican-party), CEOs ( sexual-misconduct-terdema-ussery-earl-k-sneed-mark-cuban), and others \u2014 were the subject of sexual harassment ( politics/2017/4/19/15361182/bill-oreilly-fox-harassment-allegations-fired), assault ( weinstein-sexual-harassment-assault-accusations), or other misconduct ( thrush-new-york-times) allegations. At the movement\u2019s height, more survivors came forward nearly every day, many of them inspired and emboldened by those who had gone before. Vox compiled a list of influential people from a variety of industries who faced new public accusations of sexual misconduct after Fox News host Bill O\u2019Reilly was forced to resign in April 2017. The list was updated periodically until January 2019, and is no longer being updated regularly. We decided to start our list with O\u2019Reilly because his departure from Fox helped set the stage for reports against Harvey Weinstein \u2014 which, in turn, helped raise awareness around the Me Too movement ( harvey-weinstein-harassment-assault) and kick off the reckoning around sexual misconduct that continues to this day, in Hollywood ( 2/21/25, 8:05 Paul Whalen, Dartmouth College professor, sexual misconduct allegations 3/79 harassment-hollywood-metoo), Washington ( and-politics/2018/1/30/16933376/congress-sexual-harassment-fix-bill), and around the country. Many (though not all) of the people accused have denied the allegations. Some say the reported behavior never happened, while others argue that their behavior was not intended to be sexual. Those who reported they were harassed, assaulted, or subjected to misconduct, however, have often said it affected them deeply, leaving some with lasting trauma and sometimes forcing them from their chosen careers. The Me Too movement and its impact ( movement-sexual-harassment-law-2019) are ongoing, and the list below is only a snapshot of the allegations that became public during a particular moment in time. Click to view the accused in the following fields: Arts & Entertainment 101 Media 57 Business & Tech 18 Politics 46 Other 40 Arts & Entertainment There are 101 people in this category. Select a name or scroll down to view all: Publicly reported December 2018 Frankie Shaw (/a/sexual-harassment-assault-allegations-list/frankie-shaw) Michael Weatherly (/a/sexual-harassment-assault-allegations-list/michael-weatherly) September 2018 Steven Wilder Striegel (/a/sexual-harassment-assault-allegations-list/steven-wilder-striegel) August 2018 Gerard Depardieu (/a/sexual-harassment-assault-allegations-list/gerard-depardieu) Chase Finlay (/a/sexual-harassment-assault-allegations-list/chase-finlay) Asia Argento (/a/sexual-harassment-assault-allegations-list/asia-argento) July 2018 Rick Day (/a/sexual-harassment-assault-allegations-list/rick-day) 2/21/25, 8:05 Paul Whalen, Dartmouth College professor, sexual misconduct allegations 4/79 June 2018 Chris Hardwick (/a/sexual-harassment-assault-allegations-list/chris-hardwick) May 2018 Morgan Freeman (/a/sexual-harassment-assault-allegations-list/morgan-freeman) Luc Besson (/a/sexual-harassment-assault-allegations-list/luc-besson) Boyd Tinsley (/a/sexual-harassment-assault-allegations-list/boyd-tinsley) Ameer Vann (/a/sexual-harassment-assault-allegations-list/ameer-vann) Junot D\u00edaz (/a/sexual-harassment-assault-allegations-list/junot-diaz) April 2018 Allison Mack (/a/sexual-harassment-assault-allegations-list/allison-mack) Nicholas Nixon (/a/sexual-harassment-assault-allegations-list/nicholas-nixon) March 2018 John Kricfalusi (/a/sexual-harassment-assault-allegations-list/john-kricfalusi) Sherman Alexie (/a/sexual-harassment-assault-allegations-list/sherman-alexie) February 2018 Jeff Franklin (/a/sexual-harassment-assault-allegations-list/jeff-franklin) Philip Berk (/a/sexual-harassment-assault-allegations-list/philip-berk) Daniel Handler (/a/sexual-harassment-assault-allegations-list/daniel-handler) Patrick Demarchelier (/a/sexual-harassment-assault-allegations-list/patrick-demarchelier) Seth Sabal (/a/sexual-harassment-assault-allegations-list/seth-sabal) Andre Passos (/a/sexual-harassment-assault-allegations-list/andre-passos) Greg Kadel (/a/sexual-harassment-assault-allegations-list/greg-kadel) David Bellemere (/a/sexual-harassment-assault-allegations-list/david-bellemere) Karl Templer (/a/sexual-harassment-assault-allegations-list/karl-templer) Vincent Cirrincione (/a/sexual-harassment-assault-allegations-list/vincent-cirrincione) Paul Marciano (/a/sexual-harassment-assault-allegations-list/paul-marciano) January 2018 Charlie Walk (/a/sexual-harassment-assault-allegations-list/charlie-walk) Scott Baio (/a/sexual-harassment-assault-allegations-list/scott-baio) David Copperfield (/a/sexual-harassment-assault-allegations-list/david-copperfield) Barry Lubin (/a/sexual-harassment-assault-allegations-list/barry-lubin) Michael Douglas (/a/sexual-harassment-assault-allegations-list/michael-douglas) Joel Kramer (/a/sexual-harassment-assault-allegations-list/joel-kramer) Bruce Weber (/a/sexual-harassment-assault-allegations-list/bruce-weber) Mario Testino (/a/sexual-harassment-assault-allegations-list/mario-testino) Aziz Ansari (/a/sexual-harassment-assault-allegations-list/aziz-ansari) James Franco (/a/sexual-harassment-assault-allegations-list/james-franco) Stan Lee (/a/sexual-harassment-assault-allegations-list/stan-lee) Ben Vereen (/a/sexual-harassment-assault-allegations-list/ben-vereen) Paul Haggis (/a/sexual-harassment-assault-allegations-list/paul-haggis) Albert Schultz (/a/sexual-harassment-assault-allegations-list/albert-schultz) Dan Harmon (/a/sexual-harassment-assault-allegations-list/dan-harmon) December 2017 Dustin Marshall (/a/sexual-harassment-assault-allegations-list/dustin-marshall) T.J. Miller (/a/sexual-harassment-assault-allegations-list/t-j-miller) Morgan Spurlock (/a/sexual-harassment-assault-allegations-list/morgan-spurlock) Jon Heely (/a/sexual-harassment-assault-allegations-list/jon-heely) Melanie Martinez (/a/sexual-harassment-assault-allegations-list/melanie-martinez) 2/21/25, 8:05 Paul Whalen, Dartmouth College professor, sexual misconduct allegations 5/79 Bryan Singer (/a/sexual-harassment-assault-allegations-list/bryan-singer) Peter Martins (/a/sexual-harassment-assault-allegations-list/peter-martins) James Levine (/a/sexual-harassment-assault-allegations-list/james-levine) November 2017 Israel Horovitz (/a/sexual-harassment-assault-allegations-list/israel-horovitz) Geoffrey Rush (/a/sexual-harassment-assault-allegations-list/geoffrey-rush) Jean-Claude Arnault (/a/sexual-harassment-assault-allegations-list/jean-claude-arnault) John Lasseter (/a/sexual-harassment-assault-allegations-list/john-lasseter) Murray Miller (/a/sexual-harassment-assault-allegations-list/murray-miller) Sylvester Stallone (/a/sexual-harassment-assault-allegations-list/sylvester-stallone) Ron Jeremy (/a/sexual-harassment-assault-allegations-list/ron-jeremy) Andy Henry (/a/sexual-harassment-assault-allegations-list/andy-henry) Jesse Lacey (/a/sexual-harassment-assault-allegations-list/jesse-lacey) Tom Sizemore (/a/sexual-harassment-assault-allegations-list/tom-sizemore) Mark Schwahn (/a/sexual-harassment-assault-allegations-list/mark-schwahn) Peter Aalb\u00e6k Jensen (/a/sexual-harassment-assault-allegations-list/peter-aalbaek-jensen) Eddie Berganza (/a/sexual-harassment-assault-allegations-list/eddie-berganza) Richard Dreyfuss (/a/sexual-harassment-assault-allegations-list/richard-dreyfuss) Gary Goddard (/a/sexual-harassment-assault-allegations-list/gary-goddard) Andrew Kreisberg (/a/sexual-harassment-assault-allegations-list/andrew-kreisberg) George Takei (/a/sexual-harassment-assault-allegations-list/george-takei) Steven Seagal (/a/sexual-harassment-assault-allegations-list/steven-seagal) Louis C.K. (/a/sexual-harassment-assault-allegations-list/louis-c-k) Matthew Weiner (/a/sexual-harassment-assault-allegations-list/matthew-weiner) Russell Simmons (/a/sexual-harassment-assault-allegations-list/russell-simmons) Robert Knepper (/a/sexual-harassment-assault-allegations-list/robert-knepper) Jeffrey Tambor (/a/sexual-harassment-assault-allegations-list/jeffrey-tambor) Ed Westwick (/a/sexual-harassment-assault-allegations-list/ed-westwick) Adam Venit (/a/sexual-harassment-assault-allegations-list/adam-venit) Danny Masterson (/a/sexual-harassment-assault-allegations-list/danny-masterson) Nick Carter (/a/sexual-harassment-assault-allegations-list/nick-carter) Brett Ratner (/a/sexual-harassment-assault-allegations-list/brett-ratner) Dustin Hoffman (/a/sexual-harassment-assault-allegations-list/dustin-hoffman) October 2017 Andy Dick (/a/sexual-harassment-assault-allegations-list/andy-dick) Jeremy Piven (/a/sexual-harassment-assault-allegations-list/jeremy-piven) Kevin Spacey (/a/sexual-harassment-assault-allegations-list/kevin-spacey) Kirt Webster (/a/sexual-harassment-assault-allegations-list/kirt-webster) Ken Baker (/a/sexual-harassment-assault-allegations-list/ken-baker) Ethan Kath (/a/sexual-harassment-assault-allegations-list/ethan-kath) James Toback (/a/sexual-harassment-assault-allegations-list/james-toback) David Blaine (/a/sexual-harassment-assault-allegations-list/david-blaine) Chris Savino (/a/sexual-harassment-assault-allegations-list/chris-savino) Bob Weinstein (/a/sexual-harassment-assault-allegations-list/bob-weinstein) Tyler Grasham (/a/sexual-harassment-assault-allegations-list/tyler-grasham) Lars von Trier (/a/sexual-harassment-assault-allegations-list/lars-von-trier) Roy Price (/a/sexual-harassment-assault-allegations-list/roy-price) Oliver Stone (/a/sexual-harassment-assault-allegations-list/oliver-stone) 2/21/25, 8:05 Paul Whalen, Dartmouth College professor, sexual misconduct allegations 6/79 Ben Affleck (/a/sexual-harassment-assault-allegations-list/ben-affleck) Nelly (/a/sexual-harassment-assault-allegations-list/nelly) Harvey Weinstein (/a/sexual-harassment-assault-allegations-list/harvey-weinstein) August 2017 Hadrian Belove (/a/sexual-harassment-assault-allegations-list/hadrian-belove) Shadie Elnashai (/a/sexual-harassment-assault-allegations-list/shadie-elnashai) Roman Polanski (/a/sexual-harassment-assault-allegations-list/roman-polanski) July 2017 Robert \"R.\" Kelly (/a/sexual-harassment-assault-allegations-list/robert-r-kelly) Media There are 57 people in this category. Select a name or scroll down to view all: Publicly reported August 2018 Les Moonves (/a/sexual-harassment-assault-allegations-list/les-moonves) July 2018 Kimberly Guilfoyle (/a/sexual-harassment-assault-allegations-list/kimberly-guilfoyle) Antonin Kratochvil (/a/sexual-harassment-assault-allegations-list/antonin-kratochvil) Christian Rodriguez (/a/sexual-harassment-assault-allegations-list/christian-rodriguez) April 2018 Tom Brokaw (/a/sexual-harassment-assault-allegations-list/tom-brokaw) March 2018 Michael Ferro (/a/sexual-harassment-assault-allegations-list/michael-ferro) February 2018 Alex Jones (/a/sexual-harassment-assault-allegations-list/alex-jones) Ryan Seacrest (/a/sexual-harassment-assault-allegations-list/ryan-seacrest) Daniel Zwerdling (/a/sexual-harassment-assault-allegations-list/daniel-zwerdling) January 2018 Patrick Witty (/a/sexual-harassment-assault-allegations-list/patrick-witty) Dayan Candappa (/a/sexual-harassment-assault-allegations-list/dayan-candappa) Robert Moore (/a/sexual-harassment-assault-allegations-list/robert-moore) Ross Levinsohn (/a/sexual-harassment-assault-allegations-list/ross-levinsohn) James Rosen (/a/sexual-harassment-assault-allegations-list/james-rosen) Kevin Braun (/a/sexual-harassment-assault-allegations-list/kevin-braun) Steve Butts (/a/sexual-harassment-assault-allegations-list/steve-butts) H. Brandt Ayers (/a/sexual-harassment-assault-allegations-list/h-brandt-ayers) December 2017 Adrian Carrasquillo (/a/sexual-harassment-assault-allegations-list/adrian-carrasquillo) Andrew Creighton (/a/sexual-harassment-assault-allegations-list/andrew-creighton) Mike Germano (/a/sexual-harassment-assault-allegations-list/mike-germano) Rhys James (/a/sexual-harassment-assault-allegations-list/rhys-james) Jason Mojica (/a/sexual-harassment-assault-allegations-list/jason-mojica) Don Hazen (/a/sexual-harassment-assault-allegations-list/don-hazen) Leonard Lopate (/a/sexual-harassment-assault-allegations-list/leonard-lopate) Jonathan Schwartz (/a/sexual-harassment-assault-allegations-list/jonathan-schwartz) Tavis Smiley (/a/sexual-harassment-assault-allegations-list/tavis-smiley) Ryan Lizza (/a/sexual-harassment-assault-allegations-list/ryan-lizza) Marshall Faulk (/a/sexual-harassment-assault-allegations-list/marshall-faulk) 2/21/25, 8:05 Paul Whalen, Dartmouth College professor, sexual misconduct allegations 7/79 Ike Taylor (/a/sexual-harassment-assault-allegations-list/ike-taylor) Heath Evans (/a/sexual-harassment-assault-allegations-list/heath-evans) Eric Weinberger (/a/sexual-harassment-assault-allegations-list/eric-weinberger) Donovan McNabb (/a/sexual-harassment-assault-allegations-list/donovan-mcnabb) Tom Ashbrook (/a/sexual-harassment-assault-allegations-list/tom-ashbrook) Dylan Howard (/a/sexual-harassment-assault-allegations-list/dylan-howard) Lorin Stein (/a/sexual-harassment-assault-allegations-list/lorin-stein) John Hockenberry (/a/sexual-harassment-assault-allegations-list/john-hockenberry) November 2017 Matt Lauer (/a/sexual-harassment-assault-allegations-list/matt-lauer) Garrison Keillor (/a/sexual-harassment-assault-allegations-list/garrison-keillor) Charlie Rose (/a/sexual-harassment-assault-allegations-list/charlie-rose) Glenn Thrush (/a/sexual-harassment-assault-allegations-list/glenn-thrush) Matt Zimmerman (/a/sexual-harassment-assault-allegations-list/matt-zimmerman) Kaj Larsen (/a/sexual-harassment-assault-allegations-list/kaj-larsen) Vince Ingenito (/a/sexual-harassment-assault-allegations-list/vince-ingenito) Jann Wenner (/a/sexual-harassment-assault-allegations-list/jann-wenner) Michael Hafford (/a/sexual-harassment-assault-allegations-list/michael-hafford) David Corn (/a/sexual-harassment-assault-allegations-list/david-corn) October 2017 Michael Oreskes (/a/sexual-harassment-assault-allegations-list/michael-oreskes) Hamilton Fish (/a/sexual-harassment-assault-allegations-list/hamilton-fish) Mark Halperin (/a/sexual-harassment-assault-allegations-list/mark-halperin) Leon Wieseltier (/a/sexual-harassment-assault-allegations-list/leon-wieseltier) Knight Landesman (/a/sexual-harassment-assault-allegations-list/knight-landesman) Lockhart Steele (/a/sexual-harassment-assault-allegations-list/lockhart-steele) September 2017 Harry Knowles (/a/sexual-harassment-assault-allegations-list/harry-knowles) Charles Payne (/a/sexual-harassment-assault-allegations-list/charles-payne) August 2017 Eric Bolling (/a/sexual-harassment-assault-allegations-list/eric-bolling) April 2017 Sean Hannity (/a/sexual-harassment-assault-allegations-list/sean-hannity) Bill O'Reilly (/a/sexual-harassment-assault-allegations-list/bill-o-reilly) Business & Tech There are 18 people in this category. Select a name or scroll down to view all: Publicly reported October 2018 Andy Rubin (/a/sexual-harassment-assault-allegations-list/andy-rubin) Richard DeVaul (/a/sexual-harassment-assault-allegations-list/richard-devaul) Amit Singhal (/a/sexual-harassment-assault-allegations-list/amit-singhal) August 2018 Demos Parneros (/a/sexual-harassment-assault-allegations-list/demos-parneros) February 2018 Terdema Ussery (/a/sexual-harassment-assault-allegations-list/terdema-ussery) January 2018 Steve Wynn (/a/sexual-harassment-assault-allegations-list/steve-wynn) 2/21/25, 8:05 Paul Whalen, Dartmouth College professor, sexual misconduct allegations 8/79 December 2017 Max Ogden (/a/sexual-harassment-assault-allegations-list/max-ogden) Harold Ford Jr. (/a/sexual-harassment-assault-allegations-list/harold-ford-jr) Sam Isaly (/a/sexual-harassment-assault-allegations-list/sam-isaly) November 2017 Shervin Pishevar (/a/sexual-harassment-assault-allegations-list/shervin-pishevar) Howie Rubin (/a/sexual-harassment-assault-allegations-list/howie-rubin) October 2017 Caleb Jennings (/a/sexual-harassment-assault-allegations-list/caleb-jennings) Robert Scoble (/a/sexual-harassment-assault-allegations-list/robert-scoble) Scott Courtney (/a/sexual-harassment-assault-allegations-list/scott-courtney) June 2017 Chris Sacca (/a/sexual-harassment-assault-allegations-list/chris-sacca) Dave McClure (/a/sexual-harassment-assault-allegations-list/dave-mcclure) Justin Caldbeck (/a/sexual-harassment-assault-allegations-list/justin-caldbeck) Travis Kalanick (/a/sexual-harassment-assault-allegations-list/travis-kalanick) Politics There are 46 people in this category. Select a name or scroll down to view all: Publicly reported November 2018 Eric Bauman (/a/sexual-harassment-assault-allegations-list/eric-bauman) October 2018 Albert J. Alvarez (/a/sexual-harassment-assault-allegations-list/albert-j-alvarez) September 2018 Charles Schwertner (/a/sexual-harassment-assault-allegations-list/charles-schwertner) Brett Kavanaugh (/a/sexual-harassment-assault-allegations-list/brett-kavanaugh) David Keyes (/a/sexual-harassment-assault-allegations-list/david-keyes) August 2018 Tom Frieden (/a/sexual-harassment-assault-allegations-list/tom-frieden) Nick Sauer (/a/sexual-harassment-assault-allegations-list/nick-sauer) July 2018 Corey Coleman (/a/sexual-harassment-assault-allegations-list/corey-coleman) Mel Watt (/a/sexual-harassment-assault-allegations-list/mel-watt) Curtis Hill (/a/sexual-harassment-assault-allegations-list/curtis-hill) May 2018 Eric Schneiderman (/a/sexual-harassment-assault-allegations-list/eric-schneiderman) Clay Johnson (/a/sexual-harassment-assault-allegations-list/clay-johnson) April 2018 Tony C\u00e1rdenas (/a/sexual-harassment-assault-allegations-list/tony-cardenas) Benton Strong (/a/sexual-harassment-assault-allegations-list/benton-strong) Benjamin Sparks (/a/sexual-harassment-assault-allegations-list/benjamin-sparks) February 2018 Nicholas Kettle (/a/sexual-harassment-assault-allegations-list/nicholas-kettle) Ed Crane (/a/sexual-harassment-assault-allegations-list/ed-crane) Cristina Garcia (/a/sexual-harassment-assault-allegations-list/cristina-garcia) January 2018 Burns Strider (/a/sexual-harassment-assault-allegations-list/burns-strider) 2/21/25, 8:05 Paul Whalen, Dartmouth College professor, sexual misconduct allegations 9/79 Patrick Meehan (/a/sexual-harassment-assault-allegations-list/patrick-meehan) Jeffrey Klein (/a/sexual-harassment-assault-allegations-list/jeffrey-klein) Eric Greitens (/a/sexual-harassment-assault-allegations-list/eric-greitens) December 2017 Corey Lewandowski (/a/sexual-harassment-assault-allegations-list/corey-lewandowski) Andrea Ramsey (/a/sexual-harassment-assault-allegations-list/andrea-ramsey) Bobby Scott (/a/sexual-harassment-assault-allegations-list/bobby-scott) Ed Murray (/a/sexual-harassment-assault-allegations-list/ed-murray) Dan Johnson (/a/sexual-harassment-assault-allegations-list/dan-johnson) Alex Kozinski (/a/sexual-harassment-assault-allegations-list/alex-kozinski) Trent Franks (/a/sexual-harassment-assault-allegations-list/trent-franks) Borris Miles (/a/sexual-harassment-assault-allegations-list/borris-miles) Carlos Uresti (/a/sexual-harassment-assault-allegations-list/carlos-uresti) Matt Dababneh (/a/sexual-harassment-assault-allegations-list/matt-dababneh) Rub\u00e9n Kihuen (/a/sexual-harassment-assault-allegations-list/ruben-kihuen) November 2017 Blake Farenthold (/a/sexual-harassment-assault-allegations-list/blake-farenthold) John Conyers (/a/sexual-harassment-assault-allegations-list/john-conyers) Wesley Goodman (/a/sexual-harassment-assault-allegations-list/wesley-goodman) Al Franken (/a/sexual-harassment-assault-allegations-list/al-franken) Jeff Kruse (/a/sexual-harassment-assault-allegations-list/jeff-kruse) Calvin Smyre (/a/sexual-harassment-assault-allegations-list/calvin-smyre) Steve Lebsock (/a/sexual-harassment-assault-allegations-list/steve-lebsock) Roy Moore (/a/sexual-harassment-assault-allegations-list/roy-moore) Dwayne Duron Marshall (/a/sexual-harassment-assault-allegations-list/dwayne-duron-marshall) Tony Mendoza (/a/sexual-harassment-assault-allegations-list/tony-mendoza) October 2017 Raul Bocanegra (/a/sexual-harassment-assault-allegations-list/raul-bocanegra) George H.W. Bush (/a/sexual-harassment-assault-allegations-list/george-h-w-bush) Donald Trump (/a/sexual-harassment-assault-allegations-list/donald-trump) Other There are 40 people in this category. Select a name or scroll down to view all: Publicly reported September 2018 Cody Wilson (/a/sexual-harassment-assault-allegations-list/cody-wilson) August 2018 Ron Carlson (/a/sexual-harassment-assault-allegations-list/ron-carlson) Avital Ronell (/a/sexual-harassment-assault-allegations-list/avital-ronell) June 2018 Francisco Ayala (/a/sexual-harassment-assault-allegations-list/francisco-ayala) Mark Mellor (/a/sexual-harassment-assault-allegations-list/mark-mellor) May 2018 Roland G. Fryer, Jr. (/a/sexual-harassment-assault-allegations-list/roland-g-fryer-jr) George Tyndall (/a/sexual-harassment-assault-allegations-list/george-tyndall) April 2018 William Jacoby (/a/sexual-harassment-assault-allegations-list/william-jacoby) March 2018 2/21/25, 8:05 Paul Whalen, Dartmouth College professor, sexual misconduct allegations 10/79 William Strampel (/a/sexual-harassment-assault-allegations-list/william-strampel) Keith Raniere (/a/sexual-harassment-assault-allegations-list/keith-raniere) Bill Hybels (/a/sexual-harassment-assault-allegations-list/bill-hybels) Robert Reece (/a/sexual-harassment-assault-allegations-list/robert-reece) Mike Isabella (/a/sexual-harassment-assault-allegations-list/mike-isabella) February 2018 Jorge Dom\u00ednguez (/a/sexual-harassment-assault-allegations-list/jorge-dominguez) Lawrence Krauss (/a/sexual-harassment-assault-allegations-list/lawrence-krauss) Michael Feinberg (/a/sexual-harassment-assault-allegations-list/michael-feinberg) Earl K. Sneed (/a/sexual-harassment-assault-allegations-list/earl-k-sneed) Sean Hutchison (/a/sexual-harassment-assault-allegations-list/sean-hutchison) Alec Klein (/a/sexual-harassment-assault-allegations-list/alec-klein) January 2018 Paul Shapiro (/a/sexual-harassment-assault-allegations-list/paul-shapiro) Wayne Pacelle (/a/sexual-harassment-assault-allegations-list/wayne-pacelle) John Kenneally (/a/sexual-harassment-assault-allegations-list/john-kenneally) Mohamed Muqtar (/a/sexual-harassment-assault-allegations-list/mohamed-muqtar) Jeremy Tooker (/a/sexual-harassment-assault-allegations-list/jeremy-tooker) Andy Savage (/a/sexual-harassment-assault-allegations-list/andy-savage) December 2017 Charlie Hallowell (/a/sexual-harassment-assault-allegations-list/charlie-hallowell) Brad Kern (/a/sexual-harassment-assault-allegations-list/brad-kern) Ken Friedman (/a/sexual-harassment-assault-allegations-list/ken-friedman) Mario Batali (/a/sexual-harassment-assault-allegations-list/mario-batali) November 2017 Larry Nassar (/a/sexual-harassment-assault-allegations-list/larry-nassar) Andr\u00e9 Balazs (/a/sexual-harassment-assault-allegations-list/andre-balazs) October 2017 Todd Heatherton (/a/sexual-harassment-assault-allegations-list/todd-heatherton) William Kelley (/a/sexual-harassment-assault-allegations-list/william-kelley) Paul Whalen (/a/sexual-harassment-assault-allegations-list/paul-whalen) Erick Guerrero (/a/sexual-harassment-assault-allegations-list/erick-guerrero) John Besh (/a/sexual-harassment-assault-allegations-list/john-besh) David Marchant (/a/sexual-harassment-assault-allegations-list/david-marchant) September 2017 T. Florian Jaeger (/a/sexual-harassment-assault-allegations-list/t-florian-jaeger) April 2017 Cristiano Ronaldo (/a/sexual-harassment-assault-allegations-list/cristiano-ronaldo) October 2014 Neil deGrasse Tyson (/a/sexual-harassment-assault-allegations-list/neil-degrasse-tyson) Back to 1 / 101 Frankie Shaw (/a/sexual-harassment-assault-allegations- list/frankie-shaw) Creator and star, Showtime's Publicly reported December 17, 2018 2/21/25, 8:05 Paul Whalen, Dartmouth College professor, sexual misconduct allegations 11/79 Multiple staffers have said she mishandled sex scenes, and one says she took off her own shirt in a dispute over onscreen nudity. Sources/more info: 1 ( \u201cShe uses this idea of being feminist and a progressive as camouflage.\u201d \u2014 anonymous staffer ( claims-1170077) Michael Weatherly (/a/sexual-harassment-assault-allegations- list/michael-weatherly) Actor, CBS's Bull Publicly reported December 13, 2018 co-star says he made inappropriate comments to her, including a rape joke. After she confronted him, she was written off the show. Sources/more info: 1 ( \u201cMy story is true and it\u2019s really affected me.\u201d \u2014 Eliza Dushku, actress ( harassment.html) Steven Wilder Striegel (/a/sexual-harassment-assault- allegations-list/steven-wilder-striegel) Actor Publicly reported September 6, 2018 woman has said he sexually abused her when she was 14. He pleaded guilty to two felonies in 2010 in connection with the allegations, and served six months in jail. 20th Century Fox has deleted a scene featuring him from The Predator. Sources/more info: 1 ( 2 ( story.html have no shame for what was done to me am not the one who needs to carry that shame.\u201d \u2014 Paige Carnes, who reported that Striegel abused her ( 20180912-story.html) Gerard Depardieu (/a/sexual-harassment-assault-allegations- list/gerard-depardieu) Actor Publicly reported August 30, 2018 An actress has said he raped her. French authorities are investigating. Sources/more info: 1 ( 2 ( \u201cThe actress told police she had been assaulted by the actor twice this month at Depardieu\u2019s home in Paris.\u201d \u2014 the New York Magazine vertical The Cut ( 2/21/25, 8:05 Paul Whalen, Dartmouth College professor, sexual misconduct allegations 12/79 Chase Finlay (/a/sexual-harassment-assault-allegations- list/chase-finlay) Former principal dancer, New York City Ballet Publicly reported August 28, 2018 woman said he shared naked pictures of her without her consent. He has left the New York City Ballet. Sources/more info: 1 ( 2 ( \u201c[Finlay] had been secretly recording and saving explicit photographs and videos of [Alexandra Waterbury] while she was without clothing and/or while the two were engaged in sexual activities.\u201d \u2014 lawsuit filed by Alexandra Waterbury against New York City Ballet ( Asia Argento (/a/sexual-harassment-assault-allegations- list/asia-argento) Actress, director, #MeToo advocate Publicly reported August 19, 2018 man says she sexually assaulted him when he was 17. She has been fired from Factor Italy. Sources/more info: 1 ( 2 ( utm_source=twitter) 3 ( \u201cMy trauma resurfaced as she came out as a victim herself.\u201d \u2014 Jimmy Bennett, actor ( assault-claim-1136667?utm_source=twitter) Rick Day (/a/sexual-harassment-assault-allegations-list/rick- day) Photographer Publicly reported July 24, 2018 Multiple men have reported sexual assault or other sexual misconduct by Day during photo shoots. Sources/more info: 1 ( 2 ( [Day] \u201cgot way too handsy on just about every part of my body.\u201d \u2014 Zach Zakar, model ( assault/#gs.Eq88fT8) Chris Hardwick (/a/sexual-harassment-assault-allegations- list/chris-hardwick) Co-founder, Nerdist; host, Talking with Chris Hardwick Publicly reported June 14, 2018 woman has said he sexually assaulted and emotionally abused her suspended his show, but has reinstated it after an investigation. 2/21/25, 8:05 Paul Whalen, Dartmouth College professor, sexual misconduct allegations 13/79 Sources/more info: 1 ( 2 ( 3 ( \u201cI\u2019m still recovering from being sexually used.\u201d \u2014 Chloe Dykstra, actress ( Morgan Freeman (/a/sexual-harassment-assault-allegations- list/morgan-freeman) Actor; co-founder, Revelations Entertainment Publicly reported May 24, 2018 Eight women have alleged sexual harassment and \u201cinappropriate behavior,\u201d including sexually charged remarks and unwanted touching. Sources/more info: 1 ( \u201cWe knew that if he was coming by \u2026 not to wear any top that would show our breasts, not to wear anything that would show our bottoms.\u201d \u2014 senior production staff member on the film Now You See Me ( freeman-accusations/index.html) Luc Besson (/a/sexual-harassment-assault-allegations-list/luc- besson) Director Publicly reported May 19, 2018 Multiple people have said he raped, sexually assaulted, or sexually harassed them. French police are investigating the rape allegation. Sources/more info: 1 ( 2 ( became his private Barbie doll whom he could control, dress and break.\u201d \u2014 Sand Van Roy, actress ( france-1202869487/) Boyd Tinsley (/a/sexual-harassment-assault-allegations- list/boyd-tinsley) Violinist; former member, Dave Matthews Band; member, Crystal Garden Publicly reported May 17, 2018 man has sued Tinsley, saying Tinsley subjected him to unwanted touching and masturbated in front of him, among other unwanted behavior, while they were bandmates in Crystal Garden. Tinsley has been fired from the Dave Matthews Band. Sources/more info: 1 ( 2 ( \u201c[H]e was masturbating next to me while was sleeping, and he had his hand on my ass\u201d \u2014 James Frost-Winn, trumpet player ( 2/21/25, 8:05 Paul Whalen, Dartmouth College professor, sexual misconduct allegations 14/79 Ameer Vann (/a/sexual-harassment-assault-allegations- list/ameer-vann) Rapper; former member, Brockhampton Publicly reported May 11, 2018 Two women have said he was verbally abusive or emotionally manipulative to them in relationships, and others have made secondhand allegations that he had sex with underage girls. He has since left Brockhampton and the group has issued an apology. Sources/more info: 1 ( 2 ( 3 ( 4 ( \u201cNot only is he a predator and cheater, he also degrades women\u201d \u2014 Rhett Rowan, singer-songwriter ( allegations/) Junot D\u00edaz (/a/sexual-harassment-assault-allegations- list/junot-diaz) Author; creative writing professor Publicly reported May 4, 2018 woman has reported that he forcibly kissed her, and others have said he subjected them to misogynistic or verbally abusive behavior. He has resigned as chair of the Pulitzer Prize Board, and has launched an investigation. Sources/more info: 1 ( 2 ( 3 ( 4 ( was an unknown wide-eyed 26 yo, and he used it as an opportunity to corner and forcibly kiss me.\u201d \u2014 Zinzi Clemmons, author ( Allison Mack (/a/sexual-harassment-assault-allegations- list/allison-mack) Actress Publicly reported April 24, 2018 She has been charged with sex trafficking in connection with allegations that she recruited women to become \u201cslaves\u201d in the group Nxivm. Sources/more info: 1 ( 2 ( \u201cMs. Mack was one of the top members of a highly organized scheme which was designed to provide sex to [Nxivm co-founder Keith Raniere]\" \u2014 assistant attorney Moira Penza ( know.html) Nicholas Nixon (/a/sexual-harassment-assault-allegations- list/nicholas-nixon) Photographer; former photography professor, Massachusetts College of Art and Design 2/21/25, 8:05 Paul Whalen, Dartmouth College professor, sexual misconduct allegations 15/79 Publicly reported April 4, 2018 Multiple former students have said that Nixon made inappropriate comments, sent them inappropriate emails, or asked them to pose nude. He has retired from MassArt and is the subject of a Title investigation. Sources/more info: 1 ( far/9O4Yyd0CBlGSiW33Tb8tcI/story.html) 2 ( \u201cIt felt like the conversation always led back to sex.\u201d \u2014 anonymous, to the Boston Globe ( classroom-how-far-too-far/9O4Yyd0CBlGSiW33Tb8tcI/story.html) John Kricfalusi (/a/sexual-harassment-assault-allegations- list/john-kricfalusi) Creator, The Ren & Stimpy Show Publicly reported March 29, 2018 One woman has said Kricfalusi sexually abused her when she was a minor, while another says he subjected her to sexually inappropriate behavior when she was a minor and later sexually harassed her. Cartoon Network and Adult Swim have said they will not work with him in future. Sources/more info: 1 ( bftwnews&utm_term=.ffGE92N2A#.whxjWOpO0) \u201cMy entire life had been suspended in John\u2019s since was fourteen.\u201d \u2014 Robyn Byrd, professor ( bftwnews&utm_term=.ffGE92N2A#.whxjWOpO0) Sherman Alexie (/a/sexual-harassment-assault-allegations- list/sherman-alexie) Author Publicly reported March 5, 2018 Multiple women have reported that he made inappropriate comments or unwanted advances toward them. He has declined a literary prize and delayed the publication of an upcoming memoir. Sources/more info: 1 ( 2 ( declines-literary-prize) 3 ( amid-sexual-harassment-claims [\u2026] felt that he had so much power that should probably not make a fuss about this.\u201d \u2014 Elissa Washuta, author ( the-record) Jeff Franklin (/a/sexual-harassment-assault-allegations- list/jeff-franklin) Former showrunner, Fuller House Publicly reported February 28, 2018 2/21/25, 8:05 Paul Whalen, Dartmouth College professor, sexual misconduct allegations 16/79 He has been accused of making inappropriate comments about his sex life in the workplace, and giving women he dated bit parts on Fuller House. He has been dropped from the show, and his deal with Warner Bros. will not be renewed. Sources/more info: 1 ( \u201cStudio executives were warned that Franklin \u2018was a walking lawsuit waiting to happen.\u2019\u201d \u2014 Cynthia Littleton, Variety ( Philip Berk (/a/sexual-harassment-assault-allegations- list/philip-berk) Former president, Hollywood Foreign Press Association Publicly reported February 22, 2018 man has reported that Berk groped him. The is investigating the incident. Sources/more info: 1 ( 2 ( felt ill felt like a little kid felt like there was a ball in my throat thought was going to cry.\u201d \u2014 Brendan Fraser, actor ( Daniel Handler (/a/sexual-harassment-assault-allegations- list/daniel-handler) Author, also known as Lemony Snicket Publicly reported February 21, 2018 Multiple women say he made inappropriate sexual comments in front of and about them. Sources/more info: 1 ( \u201cIt was way over the line, and made me feel smaller.\u201d \u2014 Allie Jane Bruce, children's librarian ( metoo) Patrick Demarchelier (/a/sexual-harassment-assault- allegations-list/patrick-demarchelier) Photographer Publicly reported February 16, 2018 Multiple women have said he made unwanted advances toward them. The magazine publisher Cond\u00e9 Nast has stopped working with him \u201cfor the foreseeable future.\u201d Sources/more info: 1 ( \u201cIt hurts my heart so much to think of how many girls, many my own daughter\u2019s age who have had to fend off or give in to his advances because didn\u2019t speak up at the time.\u201d \u2014 anonymous, in an email to a modeling group ( truth/c7r0WVsF5cib1pLWXJe9dP/story.html) Seth Sabal (/a/sexual-harassment-assault-allegations-list/seth- sabal) Photographer 2/21/25, 8:05 Paul Whalen, Dartmouth College professor, sexual misconduct allegations 17/79 Publicly reported February 16, 2018 Multiple women have said he sexually harassed them. Sources/more info: 1 ( \u201cThree models have accused Sabal of sexual harassment during the mid-2000s.\u201d \u2014 Jenn Abelson and Sacha Pfeiffer, Boston Globe ( truth/c7r0WVsF5cib1pLWXJe9dP/story.html) Andre Passos (/a/sexual-harassment-assault-allegations- list/andre-passos) Photographer Publicly reported February 16, 2018 woman has said he inserted his fingers into her vagina during a shoot when she was a teenager. Sources/more info: 1 ( \u201cFormer model Dasha Alexander said she was 15 when he inserted his fingers in her vagina while taking her picture about 20 years ago, saying it would give the photos \u2018more emotion.'\u201d \u2014 Jenn Abelson and Sacha Pfeiffer, Boston Globe ( truth/c7r0WVsF5cib1pLWXJe9dP/story.html) Greg Kadel (/a/sexual-harassment-assault-allegations- list/greg-kadel) Photographer Publicly reported February 16, 2018 Multiple women have said he made unwanted advances when they were teenagers, while another said he pressured her to strip naked. Cond\u00e9 Nast and Victoria\u2019s Secret have stopped working with him. Sources/more info: 1 ( \u201cKadel helped the teenager land gig after gig with Victoria\u2019s Secret, all while subjecting her to ongoing harassment, she said, until she refused to work with him\u201d \u2014 Jenn Abelson and Sacha Pfeiffer, Boston Globe ( truth/c7r0WVsF5cib1pLWXJe9dP/story.html) David Bellemere (/a/sexual-harassment-assault-allegations- list/david-bellemere) Photographer Publicly reported February 16, 2018 Multiple women have reported that he subjected them to unwanted touching and other inappropriate behavior. Victoria\u2019s Secret has cut ties with him. Sources/more info: 1 ( 2/21/25, 8:05 Paul Whalen, Dartmouth College professor, sexual misconduct allegations 18/79 felt like had no choices.\u201d \u2014 Madisyn Ritland, model ( truth/c7r0WVsF5cib1pLWXJe9dP/story.html) Karl Templer (/a/sexual-harassment-assault-allegations- list/karl-templer) Stylist Publicly reported February 16, 2018 Multiple women have reported that he touched them inappropriately or aggressively during shoots. Sources/more info: 1 ( \u201cHe was trying to get me naked. [\u2026] He was trying to pull off my clothes without my permission.\u201d \u2014 anonymous, to Boston Globe ( truth/c7r0WVsF5cib1pLWXJe9dP/story.html) Vincent Cirrincione (/a/sexual-harassment-assault-allegations- list/vincent-cirrincione) Talent manager Publicly reported February 2, 2018 Multiple women have said he made unwanted advances toward them, and several said he preyed specifically on young women of color. He has shut down his agency. Sources/more info: 1 ( women-are-accusing-him-of-sexual-harassment/2018/02/02/259e8196-f590-11e7-b34a-b85626af34ef_story.html? utm_term=.3c5fd3c7283a) 2 ( close-agency-after-accusations-of-sexual-harassment/2018/02/05/557debd0-0ab8-11e8-8b0d-891602206fb7_story.html? utm_term=.48f8a9e3ec1b) \u201cThe price paid for having my good professional relationship with him was giving up my sense of self, of wholeness, of personal worth.\u201d \u2014 anonymous, to the Washington Post ( henson-to-stardom-now-9-minority-women-are-accusing-him-of-sexual-harassment/2018/02/02/259e8196-f590-11e7-b34a- b85626af34ef_story.html?utm_term=.3c5fd3c7283a) Paul Marciano (/a/sexual-harassment-assault-allegations- list/paul-marciano) Co-founder, Guess Publicly reported February 1, 2018 woman has reported that he repeatedly subjected her to unwanted touching, kissing, and other advances. He has stepped away from daily responsibilities at Guess. Sources/more info: 1 ( 2 ( 3 ( 2/21/25, 8:05 Paul Whalen, Dartmouth College professor, sexual misconduct allegations 19/79 \u201cIt took a huge toll on my confidence and self-worth wanted to quit modeling.\u201d \u2014 Kate Upton, model ( Charlie Walk (/a/sexual-harassment-assault-allegations- list/charlie-walk) Former president, the Republic Group Publicly reported January 29, 2018 Multiple women have accused him of harassment and inappropriate touching. He has left the Republic Group. Sources/more info: 1 ( 2 ( 3 ( 4 ( \u201cYou would instant message me throughout the day making sexual remarks. Truly vulgar words and ideas. Pervasively.\u201d \u2014 Tristan Coopersmith, psychotherapist ( Scott Baio (/a/sexual-harassment-assault-allegations- list/scott-baio) Actor Publicly reported January 27, 2018 woman has reported that Baio sexually abused her when she was a minor, and a man has said Baio sexually harassed him. Sources/more info: 1 ( 2 ( 3 ( \u201cHe was playing not only on my emotions, but my hormones and all of those things.\u201d \u2014 Nicole Eggert, actress ( 1202681478/) David Copperfield (/a/sexual-harassment-assault-allegations- list/david-copperfield) Magician Publicly reported January 25, 2018 woman has reported that he drugged and sexually assaulted her when she was 17. Sources/more info: 1 ( remember my clothes being taken off.\u201d \u2014 Brittney Lewis, former model ( 1988/) Barry Lubin (/a/sexual-harassment-assault-allegations- list/barry-lubin) Former clown, Big Apple Circus 2/21/25, 8:05 Paul Whalen, Dartmouth College professor, sexual misconduct allegations 20/79 Publicly reported January 23, 2018 woman has reported that he pressured her to pose for pornographic photos when she was 16. He has resigned from the Big Apple Circus. Sources/more info: 1 ( just felt really confused and lost and ashamed.\u201d \u2014 Zoey Dunne, former circus performer ( resigns.html?smid=tw-nytmetro&smtyp=cur) Michael Douglas (/a/sexual-harassment-assault-allegations- list/michael-douglas) Actor Publicly reported January 18, 2018 woman has reported that he sexually harassed her and masturbated in front of her. Sources/more info: 1 ( realized he thought he could do anything he wanted because he was so much more powerful than was.\u201d \u2014 Susan Braudy, writer ( moment-1075609) Joel Kramer (/a/sexual-harassment-assault-allegations- list/joel-kramer) Stunt coordinator Publicly reported January 13, 2018 woman has reported that he sexually abused her when she was underage, and another says he sexually assaulted her. He has been dropped as a client by Worldwide Production Agency. Sources/more info: 1 ( 2 ( 3 ( 1202243097 was 12, he was 36. It is incomprehensible.\u201d \u2014 Eliza Dushku, actress ( Bruce Weber (/a/sexual-harassment-assault-allegations- list/bruce-weber) Photographer Publicly reported January 13, 2018 Multiple men have said he pressured them to pose nude or subjected them to unwanted touching. Sources/more info: 1 ( felt helpless. [\u2026] Like my agency said, he has a lot of power.\u201d \u2014 Josh Ardolf, model ( 2/21/25, 8:05 Paul Whalen, Dartmouth College professor, sexual misconduct allegations 21/79 Mario Testino (/a/sexual-harassment-assault-allegations- list/mario-testino) Photographer Publicly reported January 13, 2018 Multiple men have said he groped them or masturbated in front of them, or made unwanted advances. Sources/more info: 1 ( \u201cHe was a sexual predator.\u201d \u2014 Ryan Locke, model ( Aziz Ansari (/a/sexual-harassment-assault-allegations-list/aziz- ansari) Actor, comedian Publicly reported January 13, 2018 woman has said he subjected her to unwanted touching and pressure to have sex during a date. Sources/more info: 1 ( cried the whole ride home. At that point felt violated.\u201d \u2014 Grace, to Babe.net ( James Franco (/a/sexual-harassment-assault-allegations- list/james-franco) Actor; founder, Studio 4 film school Publicly reported January 11, 2018 Multiple women have reported that he engaged in inappropriate or sexually exploitative behavior with them. Sources/more info: 1 ( feel there was an abuse of power, and there was a culture of exploiting non-celebrity women, and a culture of women being replaceable.\u201d \u2014 Sarah Tither-Kaplan, actress and filmmaker ( 20180111-htmlstory.html) Stan Lee (/a/sexual-harassment-assault-allegations-list/stan- lee) Comic book writer; former editor-in-chief, Marvel Comics Publicly reported January 9, 2018 Multiple nurses have accused Lee of sexually harassing them while they were caring for him, and another woman has alleged that he masturbated in front of her and groped her. Sources/more info: 1 ( 2 ( 2/21/25, 8:05 Paul Whalen, Dartmouth College professor, sexual misconduct allegations 22/79 \u201cThe owner at the nursing company has openly said to people that Stan has sexually harassed every single nurse that has been to the house.\u201d \u2014 anonymous, to the Daily Mail ( nurses.html) Ben Vereen (/a/sexual-harassment-assault-allegations- list/ben-vereen) Actor, director Publicly reported January 5, 2018 Multiple women have reported that he subjected them to inappropriate comments or unwanted touching, including pressing his genitals against them. Sources/more info: 1 ( just felt powerless because thought really needed his help and guidance.\u201d \u2014 Kim, actress, to the New York Daily News ( assault-hair-article-1.3738684) Paul Haggis (/a/sexual-harassment-assault-allegations- list/paul-haggis) Director, screenwriter Publicly reported January 5, 2018 Multiple women have reported that he raped or forcibly kissed them. He has resigned as chair of the board for Artists for Peace and Justice, a charity he founded. Sources/more info: 1 ( utm_campaign=SocialFlow&utm_source=Twitter&utm_medium=AP) 2 ( misconduct-allegations/1021400001 felt like my life could have been over.\u201d \u2014 anonymous, to the Associated Press ( utm_campaign=SocialFlow&utm_source=Twitter&utm_medium=AP) Albert Schultz (/a/sexual-harassment-assault-allegations- list/albert-schultz) Actor; artistic director, Soulpepper Theatre Company Publicly reported January 3, 2018 Multiple women have reported that he committed sexual battery or sexual harassment against them. He is taking a leave of absence from the Soulpepper Theatre Company. Sources/more info: 1 ( didn\u2019t have a name for it at the time, but did fall into a depression.\u201d \u2014 Patricia Fagan, actress ( 1.4470036) 2/21/25, 8:05 Paul Whalen, Dartmouth College professor, sexual misconduct allegations 23/79 Dan Harmon (/a/sexual-harassment-assault-allegations- list/dan-harmon) Writer; producer; creator, Community Publicly reported January 2, 2018 former employee has reported that he sexually harassed her, and he has admitted to and apologized for the behavior. Sources/more info: 1 ( 2 ( 3 ( \u201cIt took me years to believe in my talents again, to trust a boss when he complimented me and not cringe when he asked for my number.\u201d \u2014 Megan Ganz, writer ( Dustin Marshall (/a/sexual-harassment-assault-allegations- list/dustin-marshall) Founder, Feral Audio podcast network Publicly reported December 21, 2017 former partner says he abused and harassed her. He is shutting down Feral Audio. Sources/more info: 1 ( 2 ( 3 ( \u201cOne night he broke into my house and crawled into bed with me, saying that we \u2018really needed to talk\u2019\u201d \u2014 Abby Weems, musician ( T.J. Miller (/a/sexual-harassment-assault-allegations-list/t-j- miller) Actor, comedian Publicly reported December 19, 2017 woman has reported that he sexually assaulted her, and others have said he harassed them or made abusive or transphobic comments. Sources/more info: 1 ( 2 ( 3 ( 4 ( \u201cIt is unfathomable to me that he doesn\u2019t understand that he actually put me through something have to live with [\u2026] that completely, completely set the tone for my sexual adult life.\u201d \u2014 anonymous, to the Daily Beast ( punching-a-woman) Morgan Spurlock (/a/sexual-harassment-assault-allegations- list/morgan-spurlock) Director Publicly reported December 14, 2017 2/21/25, 8:05 Paul Whalen, Dartmouth College professor, sexual misconduct allegations 24/79 He said he has been accused of rape and sexual harassment. He has stepped down from his production company and other companies have cut ties or stopped distribution of his projects. Sources/more info: 1 ( 2 ( 3 ( misconduct/950744001/) 4 ( refinery29-1202228279/) 5 ( n829581) \u201cWe stand in solidarity with the victims.\u201d \u2014 spokesperson for Pretty Matches and Refinery29, announcing the suspension of a docuseries on women's issues that Spurlock was to produce ( matches-refinery29-1202228279/) Jon Heely (/a/sexual-harassment-assault-allegations-list/jon- heely) Director of music publishing, Disney Publicly reported December 8, 2017 He is accused of sexually abusing two underage girls. He has been charged with three felony counts of child sexual abuse and suspended without pay from Disney. Sources/more info: 1 ( \u201cImmediately upon learning of this situation tonight, he has been suspended without pay until the matter is resolved by the courts.\u201d \u2014 Disney spokesperson, to Variety ( 1202634502/) Melanie Martinez (/a/sexual-harassment-assault-allegations- list/melanie-martinez) Singer-songwriter Publicly reported December 5, 2017 woman has said that Martinez raped her. Sources/more info: 1 ( utm_term=.jwvZEZe9a#.niyNlNbAD) 2 ( happened never said yes said no, repeatedly. But she used her power over me, and broke me down.\u201d \u2014 Timothy Heller, singer ( ref_src=twsrc%5Etfw&ref_url=https%3A%2F%2F by-a-former-friend) Bryan Singer (/a/sexual-harassment-assault-allegations- list/bryan-singer) Director 2/21/25, 8:05 Paul Whalen, Dartmouth College professor, sexual misconduct allegations 25/79 Publicly reported December 4, 2017 man has sued Singer, saying he was raped by Singer at the age of 17. Sources/more info: 1 ( 2 ( 3 ( 4 ( \u201cHe smirked and said, if say anything, he was very popular and could basically ruin my reputation.\u201d \u2014 Cesar Sanchez-Guzman ( Peter Martins (/a/sexual-harassment-assault-allegations- list/peter-martins) Retired ballet master in chief, New York City Ballet Publicly reported December 4, 2017 Multiple people say he sexually harassed or verbally or physically abused them, or abused his power through sexual relationships with other dancers. He has retired. Sources/more info: 1 ( 2 ( accusation.html?action=click&contentCollection=Dance&module=RelatedCoverage&region=Marginalia&pgtype=article) 3 ( action=click&contentCollection=Dance&module=RelatedCoverage&region=Marginalia&pgtype=article) 4 ( 5 ( \u201cHe\u2019s yanking me around to the left and to the right, he\u2019s digging his left thumb and his middle finger felt like he was piercing my muscle.\u201d \u2014 Victor Ostrovsky, former student, School of American Ballet ( ballet-new-york-city-physical-abuse.html) James Levine (/a/sexual-harassment-assault-allegations- list/james-levine) Former conductor, Metropolitan Opera Publicly reported December 3, 2017 Multiple men have reported that he sexually abused them, some when they were teenagers. He has been fired from the Met, and the Ravinia Festival has cut ties with him. Sources/more info: 1 ( 2 ( 3 ( saw him as a safe, protective person, he took advantage of me, he abused me and it has really messed me up.\u201d \u2014 Ashok Pai ( Israel Horovitz (/a/sexual-harassment-assault-allegations- list/israel-horovitz) Playwright Publicly reported November 30, 2017 Multiple women have said that he sexually harassed, sexually assaulted, or raped them. The Gloucester Stage theater has cut ties with him. 2/21/25, 8:05 Paul Whalen, Dartmouth College professor, sexual misconduct allegations 26/79 Sources/more info: 1 ( share&referer= felt close to him like a grandfather, but also he was a somewhat famous guy whose time felt privileged to have. [\u2026] For the man who represented all that, to treat me the way he did, was the ultimate betrayal.\u201d \u2014 Maia Ermansons ( share&referer= Geoffrey Rush (/a/sexual-harassment-assault-allegations- list/geoffrey-rush) Actor Publicly reported November 30, 2017 Two former co-stars have said he subjected them to unwanted sexual comments and inappropriate behavior. Sources/more info: 1 ( 2 ( nytimes) \u201c[T]here was a small shaving mirror over the top of the partition between the showers and he was using it to look down at my naked body.\u201d \u2014 Yael Stone, actress ( smtyp=cur&smid=tw-nytimes) Jean-Claude Arnault (/a/sexual-harassment-assault- allegations-list/jean-claude-arnault) Photographer; influential Swedish cultural figure; husband of Swedish Academy member Publicly reported November 24, 2017 Multiple women have said he raped or sexually harassed them. He was convicted on two counts of rape in Sweden and sentenced to two and a half years in prison. The allegations caused the awarding of the Nobel Prize in Literature to be delayed. Sources/more info: 1 ( 2 ( 3 ( \u201c[T]here had been no flirtation or touch just found a hand up my crotch.\u201d \u2014 Gabriella H\u00e5kansson, author ( John Lasseter (/a/sexual-harassment-assault-allegations- list/john-lasseter) CEO, Pixar and Walt Disney Animation Studios Publicly reported November 21, 2017 Multiple people said he had a pattern of sexually harassing women. He has taken a leave of absence from Pixar. Sources/more info: 1 ( utm_source=twitter&utm_source=t.co&utm_medium=referral&utm_source=t.co&utm_medium=referral) 2 ( 1059594) 2/21/25, 8:05 Paul Whalen, Dartmouth College professor, sexual misconduct allegations 27/79 \u201cHe hugged and hugged and everyone\u2019s looking at you. Just invading the space.\u201d \u2014 anonymous, to the Hollywood Reporter ( detailed-by-disney-pixar-insiders-1059594) Murray Miller (/a/sexual-harassment-assault-allegations- list/murray-miller) Writer, Girls Publicly reported November 17, 2017 woman has reported that he sexually assaulted her when she was 17 years old. Police have launched an investigation. Sources/more info: 1 ( 2 ( 3 ( 4 ( \u201cAt some point woke up in Murray\u2019s bed naked. He was on top of me having sexual intercourse with me. At no time did consent to any sexual contact with Murray.\" \u2014 Aurora Perrineau, actress ( Sylvester Stallone (/a/sexual-harassment-assault-allegations- list/sylvester-stallone) Actor Publicly reported November 16, 2017 woman has reported that he and another man sexually assaulted her when she was 16. Sources/more info: 1 ( \u201cI\u2019m kind of scared and I\u2019m very ashamed don\u2019t want anybody else to have that happen to them, but don\u2019t want to prosecute.\u201d \u2014 anonymous, to police, according to the Daily Mail ( forcing-teen-threesome.html) Ron Jeremy (/a/sexual-harassment-assault-allegations-list/ron- jeremy) Adult film actor Publicly reported November 15, 2017 Multiple women have reported that he raped or sexually assaulted them, or subjected them to unwanted touching. He has been dropped from at least two industry events. Sources/more info: 1 ( \u201cIt felt like he had preplanned this in his head, like he did this to everybody.\u201d \u2014 Lynsey G., journalist ( Andy Henry (/a/sexual-harassment-assault-allegations- list/andy-henry) Casting staff Publicly reported November 15, 2017 2/21/25, 8:05 Paul Whalen, Dartmouth College professor, sexual misconduct allegations 28/79 Multiple women say he told them to take off their clothes as part of what he described as an acting exercise. He was fired from the show and his firm in 2008 as a result of the reports, and placed on a leave of absence from his job in 2017 when the reports became public. Sources/more info: 1 ( \u201cIt really planted a seed in my head, that maybe wasn\u2019t good enough. Of, what did do wrong?\u201d \u2014 Catherine Black, actress ( disrobing-1058398) Jesse Lacey (/a/sexual-harassment-assault-allegations- list/jesse-lacey) Lead vocalist, guitarist, Brand New Publicly reported November 13, 2017 Two women have said he solicited explicit photos from them when they were minors, along with other sexually abusive behavior. The band has postponed upcoming shows. Sources/more info: 1 ( 2 ( misconduct-postpones-tour) 3 ( \u201cThis will definitely stay with me for the rest of my life.\u201d \u2014 Nicole Elizabeth Garey ( exploitation-of-minors/) Tom Sizemore (/a/sexual-harassment-assault-allegations- list/tom-sizemore) Actor Publicly reported November 13, 2017 Multiple cast and crew members have said he sexually abused a young girl on a film set, and he has been convicted of physically abusing and harassing an ex-girlfriend. Sources/more info: 1 ( 2 ( movie-set-in-2003-then-clicks-delete/) \u201cAt one point her eyes got just huge, like she could\u2019ve vomited was watching her.\u201d \u2014 Robyn Adamson, actress, describing the girl Sizemore allegedly abused ( sizemore-was-removed-movie-set-allegedly-violating-11-year-old-girl-1057629) Mark Schwahn (/a/sexual-harassment-assault-allegations- list/mark-schwahn) Showrunner, One Tree Hill and The Royals Publicly reported November 13, 2017 Multiple women have said he sexually harassed, manipulated, or made inappropriate comments to them while they worked on The Royals or One Tree Hill. He has been fired from The Royals. 2/21/25, 8:05 Paul Whalen, Dartmouth College professor, sexual misconduct allegations 29/79 Sources/more info: 1 ( 2 ( 3 ( 4 ( wauchope-1202207461/) \u201cMany of us were spoken to in ways that ran the spectrum from deeply upsetting, to traumatizing, to downright illegal. And a few of us were put in positions where we felt physically unsafe.\u201d \u2014 18 female cast and crew members of One Tree Hill, in an open letter ( 1202614198/) Peter Aalb\u00e6k Jensen (/a/sexual-harassment-assault- allegations-list/peter-aalbaek-jensen) Co-founder (with Lars von Trier), Zentropa production company Publicly reported November 12, 2017 Multiple women have reported that he groped them or helped create a hostile working environment. Sources/more info: 1 ( 2 ( 3 ( saw women being degraded. According to the Zentropa propaganda would be part of an \u2018alternative work culture\u2019, but in reality encountered an old-fashioned, patriarchal power structure.\u201d \u2014 Anna Mette Lundtofte, writer and journalist ( of-degradation-and-sexual-harassment) Eddie Berganza (/a/sexual-harassment-assault-allegations- list/eddie-berganza) Former editor Comics Publicly reported November 10, 2017 Multiple women have said he sexually harassed them. He has been fired. Sources/more info: 1 ( was physically ill from being stressed all the time and trying to hide it just felt like needed to get out, however could.\u201d \u2014 Liz Gehrlein Marsham, children's author ( utm_term=.wkWbqwBwk#.arwQAjRjW) Richard Dreyfuss (/a/sexual-harassment-assault-allegations- list/richard-dreyfuss) Actor Publicly reported November 10, 2017 woman has reported that he sexually harassed her over a period of years, once exposing himself to her. Sources/more info: 1 ( utm_campaign=vulture&utm_source=tw&utm_medium=s1) 2/21/25, 8:05 Paul Whalen, Dartmouth College professor, sexual misconduct allegations 30/79 \u201cHe created a very hostile work environment, where felt sexualized, objectified, and unsafe.\u201d \u2014 Jessica Teich, writer ( utm_campaign=vulture&utm_source=tw&utm_medium=s1) Gary Goddard (/a/sexual-harassment-assault-allegations- list/gary-goddard) CEO, the Goddard Group Publicly reported November 10, 2017 Eight men have reported that he sexually abused them when they were minors. He has taken a leave of absence from the Goddard Group. Sources/more info: 1 ( 2 ( 3 ( 4 ( \u201cMy vulnerability was exploited was molested by Goddard, my best friend was raped by him \u2014 and this went on for years.\u201d \u2014 Anthony Edwards, actor ( Andrew Kreisberg (/a/sexual-harassment-assault-allegations- list/andrew-kreisberg) Former showrunner, Supergirl, Arrow Publicly reported November 10, 2017 More than a dozen people who worked with him have said he had a pattern of sexual harassment, including unwanted kissing and touching. He has been fired by Warner Bros Group. Sources/more info: 1 ( 2 ( \u201cIt was an environment in which women \u2014 assistants, writers, executives, directors \u2014 were all evaluated based on their bodies, not on their work.\u201d \u2014 Anonymous male writer, to Variety ( 1202612522/) George Takei (/a/sexual-harassment-assault-allegations- list/george-takei) Actor Publicly reported November 10, 2017 man reported that Takei drugged and groped him. The accuser has since walked back most of the story. Sources/more info: 1 ( bftwnews&utm_term=.rnvvpkMzrM#.ohpvqj5O35) 2 ( 2/21/25, 8:05 Paul Whalen, Dartmouth College professor, sexual misconduct allegations 31/79 just want him to apologize for taking advantage of our friendship.\u201d \u2014 Scott R. Brunton, former actor and model ( of-drugs-assault/) Steven Seagal (/a/sexual-harassment-assault-allegations- list/steven-seagal) Actor Publicly reported November 9, 2017 Multiple women have reported that he sexually harassed or behaved threateningly toward them. Sources/more info: 1 ( 2 ( 3 ( 4 ( weinstein-scandal thought about like was the last girl that day. How many girls had to take off their clothes? How many girls had to do more?\u2019\u201d \u2014 Jenny McCarthy, actress ( 1202205465/) Louis C.K. (/a/sexual-harassment-assault-allegations-list/louis- c-k) Comedian Publicly reported November 9, 2017 Multiple women have reported that he sexually harassed them, in some cases by masturbating in front of them wide release for his upcoming film and his standup special have been canceled; several media companies have ended their relationships with him. Sources/more info: 1 ( 2 ( 3 ( \u201cIt was just actually sort of common knowledge in the comedy world. [\u2026] People made jokes about it all the time.\u201d \u2014 Rebecca Corry, comedian ( Matthew Weiner (/a/sexual-harassment-assault-allegations- list/matthew-weiner) Showrunner Publicly reported November 9, 2017 woman has reported that he sexually harassed her. Sources/more info: 1 ( 2 ( 3 ( 4 ( 1201895936/) 2/21/25, 8:05 Paul Whalen, Dartmouth College professor, sexual misconduct allegations 32/79 had the Emmy, but instead of being able to use that as a launch pad for the rest of my career, it became an anchor because felt had to answer to speculative stories in the press eventually walked away instead of fighting back.\u201d \u2014 Kater Gordon, writer ( mad-men-1201895936/) Russell Simmons (/a/sexual-harassment-assault-allegations- list/russell-simmons) Music executive Publicly reported November 9, 2017 Multiple women have accused him of rape, sexual assault, or battery. He has stepped down from his companies. Sources/more info: 1 ( 2 ( 3 ( 4 ( 5 ( couldn\u2019t open the doors couldn\u2019t open the windows. The car was moving. The driver did not stop. He did not take me to 19th Street. He took me to your apartment.\u201d \u2014 Jenny Lumet, screenwriter ( guest-column-1062934) Robert Knepper (/a/sexual-harassment-assault-allegations- list/robert-knepper) Actor Publicly reported November 8, 2017 Multiple women have accused him of sexual assault. Sources/more info: 1 ( 2 ( 3 ( utm_source=Sailthru&utm_medium=email&utm_campaign=THR%20Breaking%20News_now_2017-12- 05%2007:39:00_HLewis&utm_term=hollywoodreporter_breakingnews just sat there and cried for a while. My dress was torn was dirty.\u201d \u2014 Susan Bertram, costume designer ( veteran-costume-designer-1055914) Jeffrey Tambor (/a/sexual-harassment-assault-allegations- list/jeffrey-tambor) Actor Publicly reported November 8, 2017 Multiple women have reported that he sexually harassed or forcibly kissed them. He has left the show Transparent. Sources/more info: 1 ( 2 ( 3 ( 2/21/25, 8:05 Paul Whalen, Dartmouth College professor, sexual misconduct allegations 33/79 \u201cGiven the journey and circumstances of my life was used to being treated as a sexual object by men \u2014 this one just happened to be famous.\u201d \u2014 Trace Lysette, actress ( Ed Westwick (/a/sexual-harassment-assault-allegations- list/ed-westwick) Actor Publicly reported November 7, 2017 Multiple women have accused him of sexual assault or rape. Several television shows have been postponed or have paused his involvement while police investigate. Sources/more info: 1 ( 2 ( 3 ( \u201cMy other friends and people around me told me it was best not to say anything, to not be \u2018that girl\u2019 and that no one would believe me.\u201d \u2014 Aur\u00e9lie Wynn, former actress ( utm_term=.pgNaQoboN#.geWag8w8K) Adam Venit (/a/sexual-harassment-assault-allegations- list/adam-venit) Agent Publicly reported November 3, 2017 man has reported that Venit sexually assaulted him. Venit was suspended for a month and has been demoted. Sources/more info: 1 ( 2 ( 3 ( \u201cThis whole thing with Harvey Weinstein is giving me PTSD. Why? Because this kind of thing happened to ME.\u201d \u2014 Terry Crews, actor ( ref_src=twsrc%5Etfw&ref_url=http%3A%2F%2F executive-amid-harvey-weinstein-allegations) Danny Masterson (/a/sexual-harassment-assault-allegations- list/danny-masterson) Actor Publicly reported November 2, 2017 Multiple women have reported that he raped them. He has been written out of Netflix\u2019s The Ranch, and law enforcement has begun an investigation into the case. Sources/more info: 1 ( 2 ( 2/21/25, 8:05 Paul Whalen, Dartmouth College professor, sexual misconduct allegations 34/79 \u201cAccording to a report filed with the Los Angeles Police Department, the woman said Masterson raped her while she was \u2018passed out,\u2019 and when she awoke and realized he was raping her, she struggled with him until he choked her and she passed out again.\u201d \u2014 Yashar Ali, HuffPost ( accusations_us_59fa8410e4b01b474048242a?9o4) Nick Carter (/a/sexual-harassment-assault-allegations- list/nick-carter) Lead singer, Backstreet Boys Publicly reported November 2, 2017 woman has reported that he sexually assaulted her in 2003. Prosecutors have declined to bring criminal charges because the statute of limitations has expired. Sources/more info: 1 ( 2 ( told him to stop, but he didn\u2019t.\u201d \u2014 Melissa Schuman, former singer ( Brett Ratner (/a/sexual-harassment-assault-allegations- list/brett-ratner) Producer, director Publicly reported November 1, 2017 Multiple women have said he sexually assaulted or harassed them. Sources/more info: 1 ( 2 ( 3 ( don\u2019t know how different would be today \u2014 less hardened, less jaded, more trusting, all those things \u2014 if it never happened.\u201d \u2014 Natasha Henstridge, actress ( allegations-article-1.3605363) Dustin Hoffman (/a/sexual-harassment-assault-allegations- list/dustin-hoffman) Actor Publicly reported November 1, 2017 Multiple women have said he sexually harassed or assaulted them. Sources/more info: 1 ( 2 ( 3 ( \u201cMy heart aches for the awkward virgin with the bad hair who had only been kissed three times in her life, laughing as the man her father\u2019s age talked about breasts and sex want to weep that she found this charming.\u201d \u2014 Anna Graham Hunter, writer ( guest-column-1053466) 2/21/25, 8:05 Paul Whalen, Dartmouth College professor, sexual misconduct allegations 35/79 Andy Dick (/a/sexual-harassment-assault-allegations-list/andy- dick) Actor and comedian Publicly reported October 31, 2017 Multiple people said he groped and harassed men and women on film sets. He has been fired from two films. Sources/more info: 1 ( 2 ( \u201cHe systematically went woman by woman and just said a bunch of gross things almost mechanically, robotically, and made every single one of them uncomfortable.\u201d \u2014 anonymous, to Vulture ( Jeremy Piven (/a/sexual-harassment-assault-allegations- list/jeremy-piven) Actor Publicly reported October 31, 2017 Multiple women have said he sexually assaulted or harassed them. Sources/more info: 1 ( 2 ( ran outside and hailed a cab and just burst into tears cried the entire way back to my hotel.\u201d \u2014 Tiffany Bacon Scourby, ad executive ( Kevin Spacey (/a/sexual-harassment-assault-allegations- list/kevin-spacey) Actor Publicly reported October 29, 2017 Multiple men have reported that he sexually harassed or assaulted them, or made sexual advances when they were underage. He has been fired from House of Cards and police are investigating. Sources/more info: 1 ( utm_term=.iu423zYw1Y#.nevrx9d73d) 2 ( 3 ( utm_campaign=SocialFlow&utm_source=Twitter&utm_medium=AP) 4 ( 5 ( 6 ( 7 ( 8 ( \u201cWhat he left me with, more than what he took from me, was a sense that deserved this. And that\u2019s the knot I\u2019m still untangling.\u201d \u2014 anonymous, to Vulture ( 2/21/25, 8:05 Paul Whalen, Dartmouth College professor, sexual misconduct allegations 36/79 Kirt Webster (/a/sexual-harassment-assault-allegations- list/kirt-webster) Publicist Publicly reported October 27, 2017 man has said Webster sexually assaulted him. Webster has stepped away from his firm. Sources/more info: 1 ( misconduct) 2 ( \u201cFor years was so ashamed, and since then, I\u2019ve overdosed once and I\u2019ve slit my wrists another time.\u201d \u2014 Austin Rick, former country singer ( exec-kirt-webster-of-sexual-misconduct) Ken Baker (/a/sexual-harassment-assault-allegations-list/ken- baker) Senior correspondent News Publicly reported October 26, 2017 Two women have said he sexually harassed them. He is not appearing on air while investigates. Sources/more info: 1 ( 2 ( almost feel like it\u2019s a power trip. It\u2019s like can do these things.\u2018\u201d \u2014 anonymous, to the Wrap ( about-a-sex-toy/) Ethan Kath (/a/sexual-harassment-assault-allegations- list/ethan-kath) Co-founder, Crystal Castles Publicly reported October 24, 2017 former bandmate has reported that he raped and physically and psychologically abused her. Sources/more info: 1 ( \u201cIt has taken me years to recover from enduring almost a decade of abuse, manipulation and psychological control am still recovering.\u201d \u2014 Alice Glass, singer ( James Toback (/a/sexual-harassment-assault-allegations- list/james-toback) Director, screenwriter Publicly reported October 22, 2017 More than 200 women have reported unwanted touching or advances, including several who said he masturbated in front of them. He has been dropped by his agent. 2/21/25, 8:05 Paul Whalen, Dartmouth College professor, sexual misconduct allegations 37/79 Sources/more info: 1 ( 2 ( 3 ( was shocked and frozen and didn\u2019t know what to do thought if resisted, it could get worse.\u201d \u2014 Terri Conn, actress ( story.html) David Blaine (/a/sexual-harassment-assault-allegations- list/david-blaine) Magician Publicly reported October 19, 2017 woman has reported that he raped her. Police are investigating. Sources/more info: 1 ( \u201cAfter this happened didn\u2019t want to go out, and didn\u2019t want to go to my castings wouldn\u2019t get the job because now was insecure.\u201d \u2014 Natasha Prince, art dealer ( Chris Savino (/a/sexual-harassment-assault-allegations- list/chris-savino) Animator; creator, The Loud House Publicly reported October 19, 2017 Multiple women have reported that he sexually harassed them or subjected them to unwanted advances or other inappropriate behavior. He has been fired. Sources/more info: 1 ( had an opportunity to work at Nickelodeon a long time ago and didn\u2019t take the job because knew he would be inside the studio.\u201d \u2014 anonymous, to Cartoon Brew ( allegedly-offered-animation-work-exchange-sexual-favors-154152.html) Bob Weinstein (/a/sexual-harassment-assault-allegations- list/bob-weinstein) Producer; co-founder, the Weinstein Company Publicly reported October 17, 2017 woman has said that he sexually harassed her over a period of months. Sources/more info: 1 ( \u201cHe didn\u2019t want a friendship. He wanted more than that.\u201d \u2014 Amanda Segel, showrunner ( Tyler Grasham (/a/sexual-harassment-assault-allegations- list/tyler-grasham) Former agent 2/21/25, 8:05 Paul Whalen, Dartmouth College professor, sexual misconduct allegations 38/79 Publicly reported October 17, 2017 Multiple men have said that he sexually assaulted them or made unwanted advances. He has been fired, and police have launched an investigation. Sources/more info: 1 ( 2 ( 3 ( 4 ( told him no but he asked me to cuddle and kiss didn\u2019t want it to ruin my career, so did.\u201d \u2014 Brady Lindsey ( Lars von Trier (/a/sexual-harassment-assault-allegations- list/lars-von-trier) Director Publicly reported October 17, 2017 woman has accused him of a months-long pattern of sexual harassment. Sources/more info: 1 ( 2 ( didn\u2019t comply or agree on being sexually harassed. That was then portrayed as me being difficult. If being difficult is standing up to being treated like that, I\u2019ll own it.\u201d \u2014 Bj\u00f6rk, singer-songwriter ( Roy Price (/a/sexual-harassment-assault-allegations-list/roy- price) Former head, Amazon Studios Publicly reported October 12, 2017 woman has reported that he sexually harassed her. He has resigned from Amazon. Sources/more info: 1 ( 2 ( 3 ( \u201cIt was shocking and surreal.\u201d \u2014 Isa Hackett, executive producer ( top-exec-roy-price-1048060?utm_source=Sailthru&utm_medium=email&utm_campaign=THR%20Breaking%20News_now_2017- 10-12%2014:27:54_ehayden&utm_term=hollywoodreporter_breakingnews) Oliver Stone (/a/sexual-harassment-assault-allegations- list/oliver-stone) Director Publicly reported October 12, 2017 One woman has reported that he groped her, while another said his behavior after a meeting made her uncomfortable. Sources/more info: 1 ( 2 ( 3 ( ref_src=twsrc%5Etfw&ref_url=http%3A%2F%2Fpeople.com%2Fmovies%2Fcarrie-stevens-harvey-weinstein-oliver-stone%2F) 2/21/25, 8:05 Paul Whalen, Dartmouth College professor, sexual misconduct allegations 39/79 still remember the cocky grin on his face like he got away with something.\u201d \u2014 Carrie Stevens, model and actress ( misconduct) Ben Affleck (/a/sexual-harassment-assault-allegations- list/ben-affleck) Actor Publicly reported October 10, 2017 Two women have reported that he groped them. Sources/more info: 1 ( 2 ( 3 ( ref_src=twsrc%5Etfw&ref_url=https%3A%2F%2F harvey-weinstein-sexual-harassment had to laugh back then so wouldn\u2019t cry.\u201d \u2014 Hilarie Burton, actress ( Nelly (/a/sexual-harassment-assault-allegations-list/nelly) Rapper Publicly reported October 7, 2017 woman has reported that he sexually assaulted her. Sources/more info: 1 ( 2 ( 3 ( \u201cAfterward, Greene says she was screaming she wanted off the bus \u2026 and an entourage member pushed her off, and Nelly threw a $100 bill at her and said, \u2018Bye bye ( Harvey Weinstein (/a/sexual-harassment-assault-allegations- list/harvey-weinstein) Producer; co-founder, the Weinstein Company Publicly reported October 5, 2017 More than 80 women have reported that he sexually harassed, sexually assaulted, or raped them, in incidents dating back decades. He has been fired from the Weinstein Company. Sources/more info: 1 ( 2 ( 3 ( 4 ( \u201cJust his body, his presence, his face, bring me back to the little girl that was when was twenty-one. [\u2026] When see him, it makes me feel little and stupid and weak.\u201d \u2014 Asia Argento, actress ( weinsteins-accusers-tell-their-stories) 2/21/25, 8:05 Paul Whalen, Dartmouth College professor, sexual misconduct allegations 40/79 Hadrian Belove (/a/sexual-harassment-assault-allegations- list/hadrian-belove) Former executive managing director, Cinefamily Publicly reported August 23, 2017 woman has reported that he sexually harassed her, and others say he judged female employees on their looks and dated subordinates. He has resigned. Sources/more info: 1 ( 2 ( 3 ( 4 ( \u201cWhen started volunteering was told he liked to test the new meat.\u201d \u2014 Karina Chacham, former volunteer, Cinefamily ( utm_term=.qfPWBKZkV#.enDOJrjZa) Shadie Elnashai (/a/sexual-harassment-assault-allegations- list/shadie-elnashai) Former vice president, Cinefamily board of directors Publicly reported August 23, 2017 Multiple people have said he inappropriately touched or pursued female subordinates. He has resigned. Sources/more info: 1 ( 2 ( 3 ( \u201cShadie doesn\u2019t watch the movies \u2014 he just hits on girls in the back.\u201d \u2014 anonymous, to BuzzFeed News ( Roman Polanski (/a/sexual-harassment-assault-allegations- list/roman-polanski) Director, producer, writer Publicly reported August 15, 2017 Multiple women have reported that he raped or sexually abused them when they were under 18. He has pleaded guilty to statutory rape. Sources/more info: 1 ( \u201cHow do know there aren\u2019t other victims? How do know that he\u2019s not still doing this?\u201d \u2014 Marianne Barnard, artist ( deserted-beach-10-years-old/) Robert \"R.\" Kelly (/a/sexual-harassment-assault-allegations- list/robert-r-kelly) Singer-songwriter Publicly reported July 17, 2017 2/21/25, 8:05 Paul Whalen, Dartmouth College professor, sexual misconduct allegations 41/79 Multiple people have accused him of controlling the sex lives and even eating habits of women who live in his properties. He was acquitted in 2008 of child pornography charges. His lawyer, publicist, and assistant have quit, and Spotify has stopped promoting his music. Sources/more info: 1 ( utm_term=.kpQrXj1YE1#.bjlVK6xdPx) 2 ( 3 ( 4 ( \u201cR. Kelly is the sweetest person you will ever want to meet. [\u2026] But Robert is the devil.\u201d \u2014 Asante McGee ( utm_term=.lyYOrOKpJ#.psgJKJazA) \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf Back to 1 / 57 Les Moonves (/a/sexual-harassment-assault-allegations- list/les-moonves) Former Publicly reported August 6, 2018 Multiple women have said he sexually harassed or assaulted them. He has stepped down from CBS. Sources/more info: 1 ( 2 ( harassment-claims) 3 ( \u201cWhat happened to me was a sexual assault, and then was fired for not participating.\u201d \u2014 Illeana Douglas, actress and writer ( of-sexual-misconduct) Kimberly Guilfoyle (/a/sexual-harassment-assault-allegations- list/kimberly-guilfoyle) Former Fox News host Publicly reported July 27, 2018 Multiple people have said she showed colleagues photographs of male genitals, discussed sexual matters at work, or was emotionally abusive. She has left Fox News. Sources/more info: 1 ( \u201cSix sources said Guilfoyle\u2019s behavior included showing personal photographs of male genitalia to colleagues (and identifying whose genitals they were)\u201d \u2014 Yashar Ali, HuffPost ( news_us_5b5a6064e4b0b15aba96f4de) Antonin Kratochvil (/a/sexual-harassment-assault-allegations- list/antonin-kratochvil) Photojournalist 2/21/25, 8:05 Paul Whalen, Dartmouth College professor, sexual misconduct allegations 42/79 Publicly reported July 16, 2018 Multiple people have said he harassed and groped them or others. He has resigned from the photo agency he helped found. Sources/more info: 1 ( 2 ( [\u2026] didn\u2019t say anything because didn\u2019t want to be seen as, you know, the cliched hysterical woman complaining about things.\u201d \u2014 Anastasia Taylor-Lind, photojournalist ( Christian Rodriguez (/a/sexual-harassment-assault-allegations- list/christian-rodriguez) Photojournalist Publicly reported July 16, 2018 Multiple women say he sexually harassed them, in many cases after offering them mentorship or a job. He has been dropped by the prestigious photographers' collective Prime. Sources/more info: 1 ( 2 ( \u201cHe jumped on the bed, he was on top of me, making pictures.\u201d \u2014 Lina Botero, photographer ( Tom Brokaw (/a/sexual-harassment-assault-allegations- list/tom-brokaw) Journalist; former anchor Nightly News Publicly reported April 26, 2018 Three women have said he made unwanted advances toward them in the 1990s. Sources/more info: 1 ( 2 ( 3 ( felt powerless to say no. He could ruin my career.\u201d \u2014 Linda Vester, former correspondent ( correspondent-1202789627/) Michael Ferro (/a/sexual-harassment-assault-allegations- list/michael-ferro) Former chair, Tronc Publicly reported March 19, 2018 Two women have said Ferro subjected them to unwanted kissing or touching in what they thought were business meetings. Others have said he behaved inappropriately with female employees. He has resigned from Tronc. Sources/more info: 1 ( suddenly realized that was alone in this apartment with him and that it might not be very easy to leave.\u201d \u2014 Kathryn Minshew, startup co-founder ( 2/21/25, 8:05 Paul Whalen, Dartmouth College professor, sexual misconduct allegations 43/79 Alex Jones (/a/sexual-harassment-assault-allegations-list/alex- jones) Founder, Infowars Publicly reported February 28, 2018 woman has reported that he groped her, sexually harassed her, and made a racist comment toward her, as well as created a hostile work environment for other women. Sources/more info: 1 ( knew that he had specifically touched my behind at that moment as a sly come-on that other people may not notice.\u201d \u2014 Ashley Beckford, former production assistant, Free Speech Systems ( Infowars-employees-claim-Alex-Jones-harassed-them.html) Ryan Seacrest (/a/sexual-harassment-assault-allegations- list/ryan-seacrest host Publicly reported February 26, 2018 woman has reported that he sexually harassed and assaulted her, including groping her and grinding his genitals against her. Sources/more info: 1 ( \u201cAs proud as am and as strong as a woman as am, as smart as am and as much work as I\u2019ve done with therapists, it really affected me.\u201d \u2014 Suzie Hardy, stylist ( Daniel Zwerdling (/a/sexual-harassment-assault-allegations- list/daniel-zwerdling) Former investigative correspondent Publicly reported February 6, 2018 Multiple people have reported that he sexually harassed them or engaged in inappropriate behavior. He has retired from NPR. Sources/more info: 1 ( 2 ( sexual-misconduct-claim) \u201cNow I\u2019m literally afraid of men in the workplace.\u201d \u2014 anonymous, to Current ( Patrick Witty (/a/sexual-harassment-assault-allegations- list/patrick-witty) Photojournalist; former National Geographic photographer Publicly reported January 29, 2018 Multiple women say he subjected them to unwanted kissing or advances. He no longer works at National Geographic. Sources/more info: 1 ( 2/21/25, 8:05 Paul Whalen, Dartmouth College professor, sexual misconduct allegations 44/79 \u201cIt felt like he didn\u2019t take me or my work seriously.\u201d \u2014 Andrea Wise, photographer and editor ( misconduct) Dayan Candappa (/a/sexual-harassment-assault-allegations- list/dayan-candappa) Chief content officer, Newsweek Media Group; former Americas editor, Reuters Publicly reported January 29, 2018 subordinate at Reuters reported that he repeatedly sexually harassed her. He was removed from his job at Reuters. Newsweek placed him on leave after the Reuters case became public, but reinstated him after an investigation. Sources/more info: 1 ( 2 ( \u201cThe next day in the office, he told her she was \u2018heartbreakingly beautiful,\u2019 according to the complaint.\u201d \u2014 Rossalyn Warren, BuzzFeed News ( utm_term=.unkPVGXGN#.beodeVlVa) Robert Moore (/a/sexual-harassment-assault-allegations- list/robert-moore) Former managing editor, New York Daily News Publicly reported January 22, 2018 Multiple former employees have said he sexually harassed co-workers. He has been fired. Sources/more info: 1 ( complaint) 2 ( 3 ( \u201cHe had all the power there.\u201d \u2014 anonymous, to HuffPost ( Ross Levinsohn (/a/sexual-harassment-assault-allegations- list/ross-levinsohn) Former publisher, Los Angeles Times Publicly reported January 18, 2018 He has been sued in two separate sexual harassment lawsuits. He was placed on unpaid leave at the Los Angeles Times, and then resigned. After an investigation cleared him, he was named of a new unit within the Times\u2019s parent company, Tronc. Sources/more info: 1 ( 2 ( 3 ( 4 ( \u201cRoss created a definite frat boys' club [\u2026] They openly would rate women.\u201d \u2014 Jessie Dennen, former recruitment chief, Alta Vista ( behavior-trail-la-times-publisher-s-career) 2/21/25, 8:05 Paul Whalen, Dartmouth College professor, sexual misconduct allegations 45/79 James Rosen (/a/sexual-harassment-assault-allegations- list/james-rosen) Former chief Washington correspondent, Fox News Publicly reported January 10, 2018 Multiple women have reported that he made unwanted advances toward them. He has left Fox News. Sources/more info: 1 ( \u201cIn a shared cab ride back from a meal, Rosen groped her, grabbing her breast. After she rebuffed his advance, Rosen sought to steal away her sources and stories related to his interests in diplomacy and national security.\u201d \u2014 David Folkenflik ( harassment-claims) Kevin Braun (/a/sexual-harassment-assault-allegations- list/kevin-braun) Former editor-in-chief News Publicly reported January 5, 2018 He has been placed on leave to complete treatment for inappropriate behavior, including sexual harassment. Sources/more info: 1 ( \u201cHe will be on an indefinite leave of at least six months to address personal matters that have negatively affected his relationship with the company and our staff.\u201d \u2014 Michael Witt, publisher News ( Steve Butts (/a/sexual-harassment-assault-allegations- list/steve-butts) Former editor-in-chief Publicly reported January 3, 2018 An employee has reported that he committed sexual harassment, and a former employee says he mishandled her report of sexual harassment by another co-worker. He has been fired. Sources/more info: 1 ( utm_campaign=Socialflow_Kotaku_Twitter&utm_source=Kotaku_Twitter&utm_medium=Socialflow) \u201cHe told me, \u2018Don\u2019t be so uptight about it.\u2019\u201d \u2014 Kallie Plagge, editor ( utm_campaign=Socialflow_Kotaku_Twitter&utm_source=Kotaku_Twitter&utm_medium=Socialflow) H. Brandt Ayers (/a/sexual-harassment-assault-allegations- list/h-brandt-ayers) Chair of the Consolidated Publishing Company, which publishes the Anniston Star Publicly reported January 1, 2018 Multiple women say he spanked them against their will when they worked with him at the Anniston Star in Anniston, Alabama. 2/21/25, 8:05 Paul Whalen, Dartmouth College professor, sexual misconduct allegations 46/79 Sources/more info: 1 ( spanked/) 2 ( ac32-a7243e990784.html) 3 ( accused-of-spanking-female-employees-in-1970s/?utm_term=.edb39ca6070f was still determined to be a reporter after that. [\u2026] But hated Brandy Ayers with every cell in my body.\u201d \u2014 Veronica Pike Kennedy, former Anniston Star reporter ( assaulting-reporters-in-s/article_097db56a-ef17-11e7-ac32-a7243e990784.html) Adrian Carrasquillo (/a/sexual-harassment-assault-allegations- list/adrian-carrasquillo) Former White House correspondent, BuzzFeed News Publicly reported December 27, 2017 co-worker reported receiving an inappropriate message from him. He has been fired. Sources/more info: 1 ( 2017-12) 2 ( \u201cIn responding to a complaint filed last week by an employee, we learned that Adrian violated our Code of Conduct by sending an inappropriate message to a colleague.\u201d \u2014 BuzzFeed spokesperson, to Business Insider ( adrian-carrasquillo-following-harassment-claims-2017-12) Andrew Creighton (/a/sexual-harassment-assault-allegations- list/andrew-creighton) President, Vice Media Publicly reported December 23, 2017 woman said she was fired after she turned down a sexual relationship with him. He has been placed on leave. Sources/more info: 1 ( 2 ( \u201cThere is a toxic environment where men can say the most disgusting things, joke about sex openly, and overall a toxic environment where women are treated far inferior than men.\u201d \u2014 Sandra Miller, former head of branded production, Vice Media ( sexual-harassment.html?_r=0) Mike Germano (/a/sexual-harassment-assault-allegations- list/mike-germano) Chief digital officer, Vice Media Publicly reported December 23, 2017 Two women have reported that he made inappropriate comments or touched them inappropriately. He has been fired. Sources/more info: 1 ( 2 ( 3 ( 2/21/25, 8:05 Paul Whalen, Dartmouth College professor, sexual misconduct allegations 47/79 \u201cMany women join at an early and vulnerable point in their career. For some, sexual harassment and conscious and unconscious prejudice have overshadowed their future in journalism and severely damaged their confidence.\u201d \u2014 Vice workers, in an open letter ( Rhys James (/a/sexual-harassment-assault-allegations- list/rhys-james) Producer, Vice Media Publicly reported December 23, 2017 woman reported that he made racist and sexist comments to her. He has been placed on leave. Sources/more info: 1 ( \u201cAmong Ms. Fuertes-Knight\u2019s claims were that a Vice producer, Rhys James, had made racist and sexist statements to her, including asking about the color of her nipples and whether she slept with black men.\u201d \u2014 Emily Steel, New York Times ( Jason Mojica (/a/sexual-harassment-assault-allegations- list/jason-mojica) Former head of Vice News Publicly reported December 23, 2017 Multiple women have reported that he subjected them to unwanted touching or advances, or retaliated after a sexual relationship. He has been fired. Sources/more info: 1 ( \u201cAs women, we get harassed everywhere and we don\u2019t feel compelled to report it because it\u2019s not considered a reportable offense.\" \u2014 Abby Ellis, journalist ( Don Hazen (/a/sexual-harassment-assault-allegations-list/don- hazen) Former executive editor, AlterNet Publicly reported December 21, 2017 Multiple women say he sexually harassed them. He has resigned. Sources/more info: 1 ( 2 ( utm_term=.xyMwBwRPo#.jmnP1PNaM) \u201cEvery in-person meeting had with him, which understood to be a requirement of my employment, felt like an excuse for him to sexually harass me.\u201d \u2014 Laura Gottesdiener, journalist ( utm_term=.prwXAXGVm&bftwnews#.sbX2J2Lqm) Leonard Lopate (/a/sexual-harassment-assault-allegations- list/leonard-lopate) Former radio host Publicly reported December 21, 2017 2/21/25, 8:05 Paul Whalen, Dartmouth College professor, sexual misconduct allegations 48/79 Multiple people say he made inappopriate comments or sexually harassed them. He has been fired. Sources/more info: 1 ( \u201cLeonard definitely said inappropriate things to me and my coworkers lot.\u201d \u2014 anonymous, to ( Jonathan Schwartz (/a/sexual-harassment-assault-allegations- list/jonathan-schwartz) Former radio host Publicly reported December 21, 2017 Two women say he made inappopriate comments to them, and one of them says he also touched her in an unwelcome way. He has been fired. Sources/more info: 1 ( \u201cIt wasn\u2019t the least bit traumatic. It was inappropriate.\u201d \u2014 Kerry Nolan, radio host ( Tavis Smiley (/a/sexual-harassment-assault-allegations- list/tavis-smiley) Host, Tavis Smiley Publicly reported December 13, 2017 Multiple people have said he had sexual relationships with subordinates and created an abusive and threatening environment. His show has been suspended. Sources/more info: 1 ( \u201cSome witnesses interviewed expressed concern that their employment status was linked to the status of a sexual relationship with Smiley.\u201d \u2014 Daniel Holloway, Variety ( Ryan Lizza (/a/sexual-harassment-assault-allegations-list/ryan- lizza) Former reporter, New Yorker Publicly reported December 11, 2017 woman has said he engaged in sexual misconduct. He has been fired by the New Yorker. Sources/more info: 1 ( 2 ( \u201cOur client reported Mr. Lizza\u2019s actions to ensure that he would be held accountable and in the hope that by coming forward she would help other potential victims.\u201d \u2014 Douglas H. Wigdor, lawyer for the accuser ( _r=0) Marshall Faulk (/a/sexual-harassment-assault-allegations- list/marshall-faulk) Analyst Network; former player Publicly reported December 11, 2017 2/21/25, 8:05 Paul Whalen, Dartmouth College professor, sexual misconduct allegations 49/79 woman has reported that he sexually harassed her. He has been suspended by the Network. Sources/more info: 1 ( \u201cFaulk would ask Cantor \u2018deeply personal and invasive questions\u2019 about her sex life; he also fondled her breasts and groped her behind, according to the complaint.\u201d \u2014 Jordyn Holman and Scott Soshnick, Bloomberg ( alleges-groping-by-top-executive-ex-players) Ike Taylor (/a/sexual-harassment-assault-allegations-list/ike- taylor) Analyst Network; former player Publicly reported December 11, 2017 woman has reported that he sexually harassed her. He has been suspended by the Network. Sources/more info: 1 ( \u201cTaylor sent Cantor \u2018sexually inappropriate\u2019 pictures and a video of him masturbating in the shower, according to the filing.\u201d \u2014 Jordyn Holman and Scott Soshnick, Bloomberg ( alleges-groping-by-top-executive-ex-players) Heath Evans (/a/sexual-harassment-assault-allegations- list/heath-evans) Analyst Network; former player Publicly reported December 11, 2017 woman has reported that he sexually harassed her. He has been suspended by the Network. Sources/more info: 1 ( \u201cIt\u2019s outrageous conduct.\u201d \u2014 Laura Horton, lawyer for Jami Cantor, a former Network stylist who is alleging sexual harassment ( Eric Weinberger (/a/sexual-harassment-assault-allegations- list/eric-weinberger) President, the Ringer; former Network executive producer Publicly reported December 11, 2017 woman has reported that he sexually harassed her. He has been suspended by the Ringer. Sources/more info: 1 ( \u201cWeinberger sent \u2018several nude pictures of himself and sexually explicit texts\u2019 and told Cantor she was \u2018put on earth to pleasure me,\u2019 according to the complaint.\u201d \u2014 Jordyn Holman and Scott Soshnick, Bloomberg ( alleges-groping-by-top-executive-ex-players) 2/21/25, 8:05 Paul Whalen, Dartmouth College professor, sexual misconduct allegations 50/79 Donovan McNabb (/a/sexual-harassment-assault-allegations- list/donovan-mcnabb) Analyst, ESPN; former player Publicly reported December 11, 2017 woman has reported that he sexually harassed her. He has been suspended by ESPN. Sources/more info: 1 ( \u201cDonovan McNabb, a former analyst, also texted her explicit comments, according to the complaint.\u201d \u2014 Jordyn Holman and Scott Soshnick, Bloomberg ( alleges-groping-by-top-executive-ex-players) Tom Ashbrook (/a/sexual-harassment-assault-allegations- list/tom-ashbrook) Former radio host Publicly reported December 8, 2017 More than 20 current and former employees have said he verbally abused or intimidated them, or subjected them to unwanted touching. After an investigation, he has been fired. Sources/more info: 1 ( 2 ( 3 ( 4 ( worry that Tom\u2019s behavior discourages young women from continuing in journalism.\" \u2014 anonymous, to ( Dylan Howard (/a/sexual-harassment-assault-allegations- list/dylan-howard) Editor, National Enquirer, Us Weekly, and other publications Publicly reported December 6, 2017 Multiple former employees said he sexually harassed women at work. Sources/more info: 1 ( \u201cIt\u2019s almost like had Stockholm syndrome.\u201d \u2014 anonymous, to the ( Lorin Stein (/a/sexual-harassment-assault-allegations- list/lorin-stein) Former editor, Paris Review Publicly reported December 6, 2017 Multiple people have said he made unwanted advances on them, fostered a workplace culture in which looks mattered more than work, or had sex with subordinates. He has resigned. Sources/more info: 1 ( 2/21/25, 8:05 Paul Whalen, Dartmouth College professor, sexual misconduct allegations 51/79 \u201cHe wanted us to be pretty, he wanted us to act that role, and if we didn\u2019t, we weren\u2019t in the light of favor.\u201d \u2014 Deirdre Foley-Mendelssohn, editor ( smid=tw-share&_r=0) John Hockenberry (/a/sexual-harassment-assault-allegations- list/john-hockenberry) Retired radio host Publicly reported December 1, 2017 Multiple women have said he sexually harassed them or sent unwanted sexual or suggestive messages. He has retired. Sources/more info: 1 ( \u201cHe\u2019d been very supportive of me, and thought he\u2019d only been like that because he wanted to sleep with me.\u201d \u2014 anonymous, to the Cut ( Matt Lauer (/a/sexual-harassment-assault-allegations- list/matt-lauer) Former anchor, Today show Publicly reported November 29, 2017 Multiple women have reported that he sexually harassed or assaulted them, including one who said she passed out during an assault. He has been fired from NBC. Sources/more info: 1 ( utm_term=.rsDwWBw6x#.smoOjYO5Z) 2 ( 3 ( action=Click&contentCollection=BreakingNews&contentID=66154191&pgtype=Homepage&_r=0) \u201cHe couldn\u2019t sleep around town with celebrities or on the road with random people, because he\u2019s Matt Lauer and he\u2019s married. So he\u2019d have to do it within his stable, where he exerted power, and he knew people wouldn\u2019t ever complain.\u201d \u2014 anonymous, to Variety ( Garrison Keillor (/a/sexual-harassment-assault-allegations- list/garrison-keillor) Founding host Prairie Home Companion Publicly reported November 29, 2017 woman reported that he subjected her to unwanted sexual touching. He has been dropped by Minnesota Public Radio and the Washington Post syndicate. Sources/more info: 1 ( 2 ( compa) 3 ( stand-out/?utm_term=.861a89aa22f1) 4 ( simply-touching-a-womans-bare-back/?utm_term=.a40b5a33fa3a) 2/21/25, 8:05 Paul Whalen, Dartmouth College professor, sexual misconduct allegations 52/79 \u201cMinnesota Public Radio (MPR) is terminating its contracts with Garrison Keillor and his private media companies after recently learning of allegations of his inappropriate behavior with an individual who worked with him.\u201d \u2014 Minnesota Public Radio statement ( garrison-keillor-and-a-prairie-home-compa) Charlie Rose (/a/sexual-harassment-assault-allegations- list/charlie-rose) Former anchor This Morning; former host, Charlie Rose Publicly reported November 20, 2017 Multiple women have said that he sexually harassed them. He has been fired by CBS, PBS, and Bloomberg. Sources/more info: 1 ( and-lewd-calls/2017/11/20/9b168de8-caec-11e7-8321-481fd63f174d_story.html?utm_term=.879296022b7a) 2 ( accusations-n822691) \u201cEverybody is terrified of him. [\u2026] He creates this environment of constant fear. And then he\u2019ll shine a spotlight on you and make you feel amazing.\u201d \u2014 anonymous, to the Washington Post ( harassed-them--with-nudity-groping-and-lewd-calls/2017/11/20/9b168de8-caec-11e7-8321-481fd63f174d_story.html? utm_term=.aa939cb97a9d) Glenn Thrush (/a/sexual-harassment-assault-allegations- list/glenn-thrush) Reporter, New York Times Publicly reported November 20, 2017 Multiple women have said that he made unwanted advances toward them. He was suspended by the New York Times and removed from the White House beat. Sources/more info: 1 ( 2 ( hate feeling obligated to make him think think everything is fine. [\u2026] It\u2019s been this thing hanging over me feel like have to be nice to this person just because he knows people.\u201d \u2014 anonymous, to Vox ( Matt Zimmerman (/a/sexual-harassment-assault-allegations- list/matt-zimmerman) Former executive News Publicly reported November 16, 2017 Multiple people have said he pursued relationships with young women who worked with him, and sent inappropriate text messages. He has been fired. Sources/more info: 1 ( 2 ( 2/21/25, 8:05 Paul Whalen, Dartmouth College professor, sexual misconduct allegations 53/79 \u201cWe have recently learned that Matt Zimmerman engaged in inappropriate conduct with more than one woman at NBCU, which violated company policy. As a result, he has been dismissed News spokesperson ( claims-1058026) Kaj Larsen (/a/sexual-harassment-assault-allegations-list/kaj- larsen) Former bureau chief, Vice Publicly reported November 15, 2017 woman has reported that he subjected her to unwanted touching and inappropriate sexual comments. He is no longer at the company. Sources/more info: 1 ( \u201cIt felt like a threat. [\u2026] The way he looked at me, the way he grabbed my arm remember feeling scared.\u201d \u2014 Phoebe Barghouty, former Vice associate producer ( vice-of-toxic-sexual-harassment-culture) Vince Ingenito (/a/sexual-harassment-assault-allegations- list/vince-ingenito) Former editor Publicly reported November 13, 2017 woman has reported that he sexually harassed her and a female co-worker. In March, he said he had been laid off. Sources/more info: 1 ( \u201cIt got to the point where couldn\u2019t work for multiple hours a day because was having panic attacks, so decided to quit.\u201d \u2014 Kallie Plagge, editor ( Jann Wenner (/a/sexual-harassment-assault-allegations- list/jann-wenner) Publisher, Rolling Stone Publicly reported November 10, 2017 Multiple people have said he sexually harassed or assaulted them or subjected them to unwanted advances or touching. Sources/more info: 1 ( 2 ( hadn\u2019t known exactly how violating sexual harassment really was until felt the pull inside myself as he dangled that contract in front of my face (at the time was quite desperate for work), while on the other hand was filled with revulsion over his proposition.\u201d \u2014 Ben Ryan, writer ( Michael Hafford (/a/sexual-harassment-assault-allegations- list/michael-hafford) Freelance writer; former \"Male Feminist\" columnist at Broadly, a Vice Media site 2/21/25, 8:05 Paul Whalen, Dartmouth College professor, sexual misconduct allegations 54/79 Publicly reported November 3, 2017 Multiple women have reported that he raped or abused them. He has been banned from contributing to Vice websites. Sources/more info: 1 ( think was in very deep denial that somebody who everybody knows and likes his writing would be capable of hurting me that much.\u201d \u2014 Helen Donahue, former Vice writer and social media editor ( allegatio-1819266286) David Corn (/a/sexual-harassment-assault-allegations- list/david-corn bureau chief, Mother Jones Publicly reported November 2, 2017 Multiple people have said he engaged in inappropriate workplace behavior, including unwanted touching and rape jokes. Mother Jones investigated previous reports, and did so again when new information surfaced, finding no misconduct. Sources/more info: 1 ( \u201cIn the summer and fall of 2014, some women staffers reported that they had quit pitching stories involving rape because David\u2019s reactions made them so uncomfortable.\u201d \u2014 a former Mother Jones staffer ( 244482) Michael Oreskes (/a/sexual-harassment-assault-allegations- list/michael-oreskes) Former senior vice president of news and editorial director, NPR; former editor, New York Times Publicly reported October 31, 2017 Multiple women have reported that he sexually harassed them. He has resigned from NPR. Sources/more info: 1 ( women/2017/10/31/a2078bea-bdf7-11e7-959c-fe2b598d8c00_story.html?utm_term=.b4dda71446b3) 2 ( \u201cThe worst part of my whole encounter with Oreskes wasn\u2019t the weird offers of room service lunch or the tongue kiss but the fact that he utterly destroyed my ambition.\u201d \u2014 anonymous, to the Washington Post ( harassment-by-two-women/2017/10/31/a2078bea-bdf7-11e7-959c-fe2b598d8c00_story.html?utm_term=.b4dda71446b3) Hamilton Fish (/a/sexual-harassment-assault-allegations- list/hamilton-fish) Former publisher, the New Republic; former president, the Nation Institute Publicly reported October 29, 2017 Multiple people said he subjected female employees to inappropriate remarks, touching, and unfair treatment. He has resigned from the New Republic. Sources/more info: 1 ( 2 ( 3 ( 2/21/25, 8:05 Paul Whalen, Dartmouth College professor, sexual misconduct allegations 55/79 \u201cIt all took place against a backdrop where there was no personnel handbook and no one in an role.\u201d \u2014 anonymous, to HuffPost ( women_us_59f79183e4b0c0c8e67c258e) Mark Halperin (/a/sexual-harassment-assault-allegations- list/mark-halperin) Political journalist and author Publicly reported October 25, 2017 Multiple women have reported that he sexually harassed them, in some cases by pressing his genitals against them. He has been dismissed by News and MSNBC, and a book and project have been canceled. Sources/more info: 1 ( 2 ( 3 ( \u201cFor the last 11 years have had to watch this guy find success in every other news organization.\u201d \u2014 anonymous, to ( Leon Wieseltier (/a/sexual-harassment-assault-allegations- list/leon-wieseltier) Former literary editor, the New Republic; founding editor, Idea Journal of Politics and Culture Publicly reported October 24, 2017 Multiple women have said he sexually harassed them. The magazine he was to head has been shuttered. Sources/more info: 1 ( 2 ( 3 ( 4 ( didn\u2019t feel like there was ever any recourse for his behavior, because he was treated as a powerful, even untouchable, person, certainly more important and indispensable than me.\u201d \u2014 Katherine Marsh, writer ( Knight Landesman (/a/sexual-harassment-assault-allegations- list/knight-landesman) Former publisher, Artforum Publicly reported October 24, 2017 Multiple women and men have accused him of sexual harassment or unwanted touching. He has resigned. Sources/more info: 1 ( 2 ( \u201cWhenever I\u2019d see him my body would contract in fear so started avoiding him.\u201d \u2014 anonymous ( 2/21/25, 8:05 Paul Whalen, Dartmouth College professor, sexual misconduct allegations 56/79 Lockhart Steele (/a/sexual-harassment-assault-allegations- list/lockhart-steele) Former editorial director, Vox Media Publicly reported October 20, 2017 former employee has reported unwanted kissing and touching by him. He has been fired. Sources/more info: 1 ( 2 ( \u201c[S]uddenly, in the dark corner of the car, he was kissing my neck.\u201d \u2014 Eden Rohatensky, developer ( fucking-creeps-119f0cbd3f07) Harry Knowles (/a/sexual-harassment-assault-allegations- list/harry-knowles) Founder, Ain't It Cool News Publicly reported September 23, 2017 Multiple women have reported that he sexually harassed or assaulted them. He has stepped down from Ain\u2019t It Cool News. Sources/more info: 1 ( 2 ( 3 ( 4 ( \u201cHarry sexually harassed me. He has sexually harassed other women in this community for years. This wasn\u2019t an anomaly. He is a predator.\u201d \u2014 Britt Hayes, film writer ( ) Charles Payne (/a/sexual-harassment-assault-allegations- list/charles-payne) Host, Fox Business; contributor, Fox News Publicly reported September 18, 2017 woman says that he raped her, and that Fox retaliated against her when she reported the experience. Payne was suspended but has returned to work following an investigation. Sources/more info: 1 ( _r=0&referer= 2 ( \u201cIn July of 2013 was raped by Charles Payne. [\u2026] In July of 2017 was raped again by Fox News.\u201d \u2014 Scottie Nell Hughes, political commentator ( payne.html?_r=0&referer= Eric Bolling (/a/sexual-harassment-assault-allegations-list/eric- bolling) Former host, Fox News Publicly reported August 4, 2017 2/21/25, 8:05 Paul Whalen, Dartmouth College professor, sexual misconduct allegations 57/79 Multiple people say he sent unsolicited photos of male genitals to at least 3 colleagues. He has left Fox News, and his show has been canceled. Sources/more info: 1 ( 2 ( 3 ( \u201cThe women did not solicit the messages, which they told colleagues were deeply upsetting and offensive.\u201d \u2014 Yashar Ali, HuffPost ( messages_us_5984d2bbe4b0cb15b1be6d65?hd6) Sean Hannity (/a/sexual-harassment-assault-allegations- list/sean-hannity) Host, Fox News Publicly reported April 21, 2017 former Fox News guest has said he asked her to come back to his hotel, and did not invite her back on his show after she refused. Sources/more info: 1 ( 2 ( 3 ( \u201cAfter said wouldn\u2019t go to his hotel was blacklisted from Fox News.\u201d \u2014 Debbie Schlussel, lawyer and blogger ( harassment-claim-n750211) Bill O'Reilly (/a/sexual-harassment-assault-allegations-list/bill- o-reilly) Former host, Fox News Publicly reported April 1, 2017 Multiple women have said he sexually harassed them. He has been fired from Fox News. Sources/more info: 1 ( 2 ( 3 ( \u201cIt was like street harassment in the office.\u201d \u2014 Perquita Burgess, former Fox temp worker ( sexual-harassment-995841) \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf Back to 1 / 18 Andy Rubin (/a/sexual-harassment-assault-allegations- list/andy-rubin) Former Google executive Publicly reported October 25, 2018 Google employee accused him of coercing her into oral sex, and a company investigation found her claim credible, according to two Google executives. He resigned from Google in 2014 with a $90 million exit package. 2/21/25, 8:05 Paul Whalen, Dartmouth College professor, sexual misconduct allegations 58/79 Sources/more info: 1 ( \u201cShe agreed to meet him at a hotel, where she said he pressured her into oral sex.\u201d \u2014 New York Times ( Richard DeVaul (/a/sexual-harassment-assault-allegations- list/richard-devaul) Google executive Publicly reported October 25, 2018 woman whom DeVaul had interviewed for a job says he invited her to what she thought was a professional meeting, then asked her to take off her shirt and offered her a back rub. He has apologized for an \u201cerror of judgment,\u201d and Google has taken unspecified \u201ccorrective action.\u201d Sources/more info: 1 ( didn\u2019t have enough spine or backbone to shut that down as a 24-year-old.\u201d \u2014 Star Simpson, engineer ( Amit Singhal (/a/sexual-harassment-assault-allegations- list/amit-singhal) Former Google executive Publicly reported October 25, 2018 An employee said that he groped her, according to three people briefed on the incident. He resigned and received an exit package worth millions of dollars, they said. Sources/more info: 1 ( \u201cIn 2015, an employee said Mr. Singhal groped her at a boozy off-site event attended by dozens of colleagues, said three people who were briefed on the incident.\u201d \u2014 New York Times ( Demos Parneros (/a/sexual-harassment-assault-allegations- list/demos-parneros) Former CEO, Barnes & Noble Publicly reported August 28, 2018 former employee said he sexually harassed her. He was fired for this and other violations of company policies, according to Barnes & Noble. Sources/more info: 1 ( [Parneros was] \u201cterminated for sexual harassment, bullying behavior and other violations of company policies.\u201d \u2014 Barnes & Noble board of directors ( lawsuit.html) Terdema Ussery (/a/sexual-harassment-assault-allegations- list/terdema-ussery) Former president and CEO, Dallas Mavericks; former president of global sports, Under Armour Publicly reported February 20, 2018 2/21/25, 8:05 Paul Whalen, Dartmouth College professor, sexual misconduct allegations 59/79 Multiple women say he subjected them to unwanted advances or touching, or other inappropriate behavior, while they worked for the Mavericks or Under Armour. Sources/more info: 1 ( 2 ( felt trapped, frozen, scared.\u201d \u2014 anonymous, to Sports Illustrated ( cuban-response) Steve Wynn (/a/sexual-harassment-assault-allegations- list/steve-wynn) Founder, Wynn Resorts; former finance chair, Republican National Committee Publicly reported January 27, 2018 Dozens of people have said that he pressured female employees to perform sex acts, exposed himself, or engaged in unwanted touching. He has resigned from the and from Wynn Resorts. Sources/more info: 1 ( 1516985953) 2 ( 3 ( was not brave enough to say, \u2018How dare you?\u2019\u201d \u2014 Shawn Cardinal, former personal assistant to Wynn's ex-wife ( of-sexual-misconduct-by-las-vegas-mogul-steve-wynn-1516985953) Max Ogden (/a/sexual-harassment-assault-allegations- list/max-ogden) Computer programmer; executive director, Code for Science & Society Publicly reported December 15, 2017 former partner reported that Ogden was sexually abusive, controlling, and coercive. Ogden has stepped down from leadership roles with Code for Science & Society and the Dat Project. Sources/more info: 1 ( 2 ( 3 ( think \u2014 all the time \u2014 about my silence. How it protected him while he abused me & protects him now.\u201d \u2014 Jessica Lord, web developer ( Harold Ford Jr. (/a/sexual-harassment-assault-allegations- list/harold-ford-jr) Former managing director and senior client relationship manager, Morgan Stanley; former representative (D-TN) Publicly reported December 7, 2017 woman has reported that he sexually harassed and intimidated her. He has been fired from Morgan Stanley, but the bank now says he was not fired for sexual misconduct. Sources/more info: 1 ( 2 ( 2/21/25, 8:05 Paul Whalen, Dartmouth College professor, sexual misconduct allegations 60/79 \u201cThe woman alleged that Ford engaged in harassment, intimidation, and forcibly grabbed her one evening in Manhattan, leading her to seek aid from a building security guard.\u201d \u2014 Yashar Ali, HuffPost ( psa) Sam Isaly (/a/sexual-harassment-assault-allegations-list/sam- isaly) Co-founder, managing partner, OrbiMed Publicly reported December 5, 2017 Multiple people have reported that he sexually harassed female employees. He announced plans to retire. Sources/more info: 1 ( 2 ( harassment-allegations/933808001/) 3 ( 4 ( \u201cIt was like a fact of life that everyone had to accept. Sam just did what he could get away with.\u201d \u2014 Yanping Ren, former OrbiMed intern ( Shervin Pishevar (/a/sexual-harassment-assault-allegations- list/shervin-pishevar) Venture capitalist; co-founder, Sherpa Capital Publicly reported November 30, 2017 Multiple woman say he sexually assaulted or harassed them. He has resigned from Sherpa Capital. Sources/more info: 1 ( multiple-women) 2 ( wanted to get career advice, and it was twisted into something else.\u201d \u2014 anonymous, to Bloomberg ( sexual-misconduct-by-multiple-women) Howie Rubin (/a/sexual-harassment-assault-allegations- list/howie-rubin) Former portfolio manager, Soros Fund Management Publicly reported November 3, 2017 Three women have reported that he raped and beat them. Sources/more info: 1 ( 2 ( \u201cWhile arrogance and self-import may convince certain men otherwise, neither money nor power gives any person the right to victimize a woman.\u201d \u2014 Jeremy Saland, a lawyer for one of the women ( women-in-penthouse-dungeon/) 2/21/25, 8:05 Paul Whalen, Dartmouth College professor, sexual misconduct allegations 61/79 Caleb Jennings (/a/sexual-harassment-assault-allegations- list/caleb-jennings) Former lead Chicago organizer, Fight for 15 (SEIU) Publicly reported October 24, 2017 Multiple staffers reported that he had a sexist attitude and physically assaulted a female staffer, who was later fired criminal court found him not guilty of assault. He has been fired. Sources/more info: 1 ( \u201cThe sexist and aggressive attitude of Caleb Jennings has created a toxic environment and fear inside the office of the FF15.\u201d \u2014 four Chicago organizers, in an email to SEIU's president ( utm_term=.loVMKgYgn#.fke9KO0OA) Robert Scoble (/a/sexual-harassment-assault-allegations- list/robert-scoble) Blogger; co-founder, the Transformation Group Publicly reported October 19, 2017 Multiple women have reported that he sexually assaulted or harassed them. He has resigned from the Transformation Group. Sources/more info: 1 ( 2 ( 3 ( 4 ( allegations/789071001/) \u201cIt made me sick to work with him, but also he was offering so much help. [\u2026] As women we sometimes have to make tough choices. Do want to call him out, or do want to advance my career?\u201d \u2014 anonymous, to TechCrunch ( women-after-going-sober/) Scott Courtney (/a/sexual-harassment-assault-allegations- list/scott-courtney) Former executive vice president, Service Employees International Union (SEIU) Publicly reported October 19, 2017 Multiple people have said he had a history of relationships with young female staffers, who were later promoted. He has resigned. Sources/more info: 1 ( 2 ( \u201cQuestions were raised about Executive Vice President Scott Courtney relating to a romantic relationship between a staff person and a supervisor.\u201d \u2014 Mary Kay Henry international president ( utm_term=.kamE9wKw5#.wbXe01w1v) Chris Sacca (/a/sexual-harassment-assault-allegations- list/chris-sacca) Retired venture capital investor 2/21/25, 8:05 Paul Whalen, Dartmouth College professor, sexual misconduct allegations 62/79 Publicly reported June 30, 2017 woman reported that he touched her face without her consent. Sources/more info: 1 ( 2 ( \u201cThere is such a massive imbalance of power that women in the industry often end up in distressing situations.\u201d \u2014 Susan Wu, entrepreneur and investor ( sexual-harassment.html?_r=0) Dave McClure (/a/sexual-harassment-assault-allegations- list/dave-mcclure) Investor; co-founder, 500 Startups Publicly reported June 30, 2017 woman has reported that he sexually assaulted her, and another says he made an unwanted advance. He has said he made inappropriate advances to multiple women and has resigned from 500 Startups. Sources/more info: 1 ( 2 ( 3 ( 4 ( \u201cIt\u2019s the worst position to be in when you feel helpless about something you know was outright wrong.\u201d \u2014 Cheryl Yeoh, entrepreneur ( Justin Caldbeck (/a/sexual-harassment-assault-allegations- list/justin-caldbeck) Co-founder, former managing partner, Binary Capital Publicly reported June 24, 2017 Multiple women have said he made unwanted advances toward them. He has resigned from Binary Capital. Sources/more info: 1 ( 2 ( \u201cWhile we\u2019re happy that he apologized and we\u2019re happy especially for the support of the amazing women and men, our strong preference would have been to not be in this position to begin with.\u201d \u2014 Leiti Hsu, co-founder of the startup Journy ( making-unwanted-advances/) Travis Kalanick (/a/sexual-harassment-assault-allegations- list/travis-kalanick) Founder, Uber Publicly reported June 17, 2017 female employee has said he visited a bar with escort services, along with her and other employees, making her uncomfortable. Multiple employees also reported discrimination, sexual harassment, and a toxic environment at the company. Kalanick has resigned. 2/21/25, 8:05 Paul Whalen, Dartmouth College professor, sexual misconduct allegations 63/79 Sources/more info: 1 ( 2 ( 3 ( \u201cEvery time something ridiculous happened, every time a sexist email was sent, I\u2019d sent a short report to just to keep a record going.\u201d \u2014 Susan J. Fowler, former Uber engineer ( uber ) \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf Back to 1 / 46 Eric Bauman (/a/sexual-harassment-assault-allegations- list/eric-bauman) Former chair, California Democratic Party Publicly reported November 28, 2018 Multiple people say he made sexually explicit comments in the workplace and other professional settings, and engaged in unwanted touching. He has resigned. Sources/more info: 1 ( 2 ( felt really embarrassed, almost ashamed, and uncomfortable.\u201d \u2014 Grace Leekley, temporary party staffer ( 20181128-story.html) Albert J. Alvarez (/a/sexual-harassment-assault-allegations- list/albert-j-alvarez) Former chief of staff, New Jersey Schools Development Authority Publicly reported October 10, 2018 woman has said he sexually assaulted her when they both worked on New Jersey Gov. Phil Murphy\u2019s campaign. He has resigned from his position with the New Jersey schools. Sources/more info: 1 ( criminal-allegation-642671?mod=article_inline) 2 ( straight up said: \u2018This is not consensual.\u2019\u201d \u2014 Katie Brennan, chief of staff, New Jersey Housing and Mortgage Finance Agency ( assault-accusation-in-new-jersey-exposes-a-national-dilemma-1539542172) Charles Schwertner (/a/sexual-harassment-assault-allegations- list/charles-schwertner) Texas state senator (R-Georgetown) Publicly reported September 25, 2018 graduate student at Austin said he sent her an explicit text message Austin investigation found it was \u201cplausible\u201d that a third party had sent the message, though Schwertner did not fully cooperate with the investigation. 2/21/25, 8:05 Paul Whalen, Dartmouth College professor, sexual misconduct allegations 64/79 Sources/more info: 1 ( misconduct-claim/asnidSImg1fcb2FNBZ8iCO/) 2 ( \u201cPlease stop the inappropriate texts, it is unprofessional.\u201d \u2014 anonymous, graduate student, in a message to Schwertner ( related-investigation-charles-schwertner/) Brett Kavanaugh (/a/sexual-harassment-assault-allegations- list/brett-kavanaugh) Supreme Court justice Publicly reported September 14, 2018 woman has said he sexually assaulted her, another has said he thrust his genitals in her face without her consent, and others have said they witnessed abusive or inappropriate behavior by him. After a hearing and investigation into some of the allegations, he was confirmed to the Supreme Court. Sources/more info: 1 ( kavanaugh-stirs-tension-among-democrats-in-congress) 2 ( about-her-allegation-of-sexual-assault/2018/09/16/46982194-b846-11e8-94eb-3bd52dfe917b_story.html) 3 ( supreme-court-nominee-brett-kavanaughs-college-years-deborah-ramirez) 4 ( 5 ( thought that Brett was accidentally going to kill me.\u201d \u2014 Christine Blasey Ford, psychology professor ( statement-for-senate-hearing) David Keyes (/a/sexual-harassment-assault-allegations- list/david-keyes) Former spokesperson for Prime Minister Benjamin Netanyahu of Israel Publicly reported September 11, 2018 woman has said he sexually assaulted her, and three others have said he tried to bully them into sex. He has resigned as Netanyahu\u2019s spokesperson. Sources/more info: 1 ( \u201cIt was completely nonconsensual.\u201d \u2014 Julia Salazar, New York state Senate candidate ( israel.html) Tom Frieden (/a/sexual-harassment-assault-allegations- list/tom-frieden) Former director, Centers for Disease Control and Prevention Publicly reported August 24, 2018 woman reported that he groped her. He has been charged with sexual abuse, forcible touching, and harassment. 2/21/25, 8:05 Paul Whalen, Dartmouth College professor, sexual misconduct allegations 65/79 Sources/more info: 1 ( idUSKCN1L91PV) 2 ( saw his face again and realized all this man had been doing was protecting himself.\u201d \u2014 the woman who has reported that Frieden groped her ( busted-groping-20180824-story.html) Nick Sauer (/a/sexual-harassment-assault-allegations- list/nick-sauer) Former state representative, Illinois (R-51st district) Publicly reported August 1, 2018 An ex-girlfriend has said he posted nude photos of her on a fake Instagram account without her consent. He has resigned. Sources/more info: 1 ( 2 ( \u201cNick would use [a fake Instagram account] to direct message men with my photos to engage in graphic conversations of a sexual nature.\u201d \u2014 Kate Kelly, ex-girlfriend of Nick Sauer ( Corey Coleman (/a/sexual-harassment-assault-allegations- list/corey-coleman) Former personnel chief, Federal Emergency Management Agency Publicly reported July 30, 2018 He is under investigation in connection with allegations that he sexually harassed an employee and created an environment in which women were hired as possible sex partners for male employees. He has resigned from FEMA. Sources/more info: 1 ( employees-agency-chief-says/2018/07/30/964da518-9403-11e8-80e1-00e80e1fdf43_story.html?utm_term=.8feb29dc11f9) 2 ( complaints/2018/08/02/52d9785e-964f-11e8-810c-5fa705927d54_story.html?utm_term=.b182fd5f90b3) \u201cWhat we uncovered was a systemic problem going back years.\u201d \u2014 William \"Brock\" Long administrator ( some-as-possible-sexual-partners-for-male-employees-agency-chief-says/2018/07/30/964da518-9403-11e8-80e1- 00e80e1fdf43_story.html?utm_term=.8feb29dc11f9) Mel Watt (/a/sexual-harassment-assault-allegations-list/mel- watt) Director, Federal Housing Finance Agency (Democrat) Publicly reported July 27, 2018 An employee has said he sexually harassed her. He is under investigation. Sources/more info: 1 ( metoo-story/?utm_term=.6010e94fbbba) 2 ( 2/21/25, 8:05 Paul Whalen, Dartmouth College professor, sexual misconduct allegations 66/79 felt vulnerable and unsafe.\u201d \u2014 Simone Grimes, supervisory program management analyst ( watches-kavanaugh-senate-hearing-house-will-hear-another-metoo-story/?utm_term=.6010e94fbbba) Curtis Hill (/a/sexual-harassment-assault-allegations- list/curtis-hill) Attorney general, Indiana (Republican) Publicly reported July 2, 2018 lawmaker, two staffers, and another woman have said he touched them inappropriately. He is under criminal investigation. Sources/more info: 1 ( 2 ( hill/868706002/) 3 ( appointed/826870002/) \u201c[H]e grabbed my hand and moved both of our hands over my butt, lingering there before releasing me.\u201d \u2014 Niki DaSilva, Indiana state Senate aide ( memo-detailing-allegations-against-hill/868706002/) Eric Schneiderman (/a/sexual-harassment-assault-allegations- list/eric-schneiderman) Former attorney general, New York (D) Publicly reported May 7, 2018 Multiple women have said he physically abused them, in some cases during sex. He has resigned. After an investigation, prosecutors announced he would not face criminal charges. Sources/more info: 1 ( 2 ( 3 ( \u201cTaking a strong woman and tearing her to pieces is his jam.\u201d \u2014 Michelle Manning Barish, writer and activist ( attorney-general-of-physical-abuse) Clay Johnson (/a/sexual-harassment-assault-allegations- list/clay-johnson) Political technoogy expert; former lead programmer, Howard Dean campaign Publicly reported May 4, 2018 Two women have said he sexually assaulted them, and others have said he made inappropriate sexual comments. Sources/more info: 1 ( 2/21/25, 8:05 Paul Whalen, Dartmouth College professor, sexual misconduct allegations 67/79 \u201c[B]efore could say anything, the next thing remember is was pinned on his bed.\u201d \u2014 Sarah Schacht, former Howard Dean campaign staffer ( dean-campaign_us_5aebb6d7e4b0c4f1932090ac?pdb) Tony C\u00e1rdenas (/a/sexual-harassment-assault-allegations- list/tony-cardenas representative (D-CA) Publicly reported April 27, 2018 woman has sued, alleging that an unnamed elected official sexually assaulted her when she was a teenager. C\u00e1rdenas has confirmed he is the subject of the suit, though he denies the allegations. Sources/more info: 1 ( 2 ( abuse/2018/05/03/0f2ef7d8-4f04-11e8-af46-b1d6dc0d9bfe_story.html?utm_term=.2d65cb07fae2) \u201cThe suit alleges sexual battery, assault and intentional infliction of emotional distress.\u201d \u2014 Dakota Smith, Los Angeles Times ( Benton Strong (/a/sexual-harassment-assault-allegations- list/benton-strong) Former associate director for communications, Center for American Progress Action Fund; former employee, Seattle Office of Sustainability and Energy Publicly reported April 23, 2018 Two women have reported that he made inappropriate comments or sent unwanted, sexually explicit text messages. Another woman reported that he harassed and assaulted her after a breakup in college. He has resigned from his job with the city of Seattle. Sources/more info: 1 ( utm_term=.ovxDYDMne#.vp8QvQOwn surely expected better out of an organization that housed a national campaign on sexual assault.\u201d \u2014 Mary, in a memo to ( utm_term=.ovxDYDMne#.vp8QvQOwn) Benjamin Sparks (/a/sexual-harassment-assault-allegations- list/benjamin-sparks) Political adviser Publicly reported April 4, 2018 Sparks\u2019s ex-fianc\u00e9e has said that he sexually enslaved and battered her. He has been fired from the consulting firm where he was the political affairs director and has been charged with misdemeanor domestic battery. Sources/more info: 1 ( her-his-sex-slave/) 2 ( woman-his-sex-slave/) 2/21/25, 8:05 Paul Whalen, Dartmouth College professor, sexual misconduct allegations 68/79 \u201cOver the last month it escalated into very rough sex where he\u2019d actually hurt me.\" \u2014 anonymous, to the Las Vegas Review-Journal ( says-las-vegas-gop-campaign-adviser-made-her-his-sex-slave/) Nicholas Kettle (/a/sexual-harassment-assault-allegations- list/nicholas-kettle) Former Rhode Island state senator (R-Coventry) Publicly reported February 19, 2018 He has been charged with video voyeurism for allegedly sending nude photos of a woman without her knowledge, and with extorting sex from a teenage state House page. He has resigned. Sources/more info: 1 ( 2 ( house-page) 3 ( \u201cMr. Kettle stated that he needed to be \u2018stealthy\u2019 and was asking [the friend] for advice on how to take a video without [his girlfriend] knowing.\u201d \u2014 Robert Hopkins, Rhode Island state police detective ( girlfriend-to-married-friend/?utm_medium=social&utm_source=twitter_StephMachado) Ed Crane (/a/sexual-harassment-assault-allegations-list/ed- crane) Co-founder, Cato Institute Publicly reported February 8, 2018 Multiple woman say he sexually harassed them, and others say he made inappropriate comments about women\u2019s bodies and clothing in the workplace. Sources/more info: 1 ( utm_content=buffer16e91&utm_medium=social&utm_source=twitter.com&utm_campaign=buffer) \u201cThe minute she left he turned to all the men in the room and went, \u2018Man, I\u2019d love to have her sit on my face.\u2018\u201d \u2014 anonymous, to Politico ( utm_content=buffer16e91&utm_medium=social&utm_source=twitter.com&utm_campaign=buffer) Cristina Garcia (/a/sexual-harassment-assault-allegations- list/cristina-garcia) California state Assembly member (D) Publicly reported February 8, 2018 Multiple men have reported that she groped them or made unwanted advances. Sources/more info: 1 ( 2 ( spin-the-bottle-complaint-says/?utm_term=.b3da754dce8d) \u201cShe looked at me for a second and said, \u2018I\u2019ve set a goal for myself to fuck you.\u2019\u201d \u2014 anonymous, to Politico ( 2/21/25, 8:05 Paul Whalen, Dartmouth College professor, sexual misconduct allegations 69/79 Burns Strider (/a/sexual-harassment-assault-allegations- list/burns-strider) Former adviser, Hillary Clinton presidential campaign (2008); former leader, Correct the Record Publicly reported January 26, 2018 woman reported that he sexually harassed her while they worked on the Clinton campaign, and multiple former colleagues say he was fired from Correct the Record after sexual harassment allegations there. Sources/more info: 1 ( 2008.html?smid=tw-share) \u201cShe told a campaign official that Mr. Strider had rubbed her shoulders inappropriately, kissed her on the forehead and sent her a string of suggestive emails\u201d \u2014 Maggie Haberman and Amy Chozick, New York Times ( to-shield-a-top-adviser-accused-of-harassment-in-2008.html?smid=tw-share) Patrick Meehan (/a/sexual-harassment-assault-allegations- list/patrick-meehan representative (R-PA) Publicly reported January 20, 2018 former aide reported that he made unwanted advances toward her. He has been removed from the House Ethics Committee and will not seek reelection. Sources/more info: 1 ( 2 ( \u201cMr. Meehan professed his romantic desires for her \u2014 first in person, and then in a handwritten letter \u2014 and he grew hostile when she did not reciprocate, the people familiar with her time in the office said.\u201d \u2014 Katie Rogers and Kenneth P. Vogel, New York Times ( harassment.html) Jeffrey Klein (/a/sexual-harassment-assault-allegations- list/jeffrey-klein) New York state senator (D-Bronx) Publicly reported January 10, 2018 woman says he forcibly kissed her. The New York state Democratic Party has called for an investigation. Sources/more info: 1 ( 2 ( \u201cAll of a sudden there was a hand on the back of my head and he shoved his tongue down my throat.\u201d \u2014 Erica Vladimer, former New York state Senate staffer ( misconduct_us_5a5531cbe4b03417e872f80e?4ps) Eric Greitens (/a/sexual-harassment-assault-allegations- list/eric-greitens) Governor, Missouri (R) Publicly reported January 10, 2018 2/21/25, 8:05 Paul Whalen, Dartmouth College professor, sexual misconduct allegations 70/79 According to an investigative report, he coerced a woman into oral sex, claimed to have taken a compromising photo of her, and threatened to release it if she told anyone. He has been charged with invasion of privacy. Sources/more info: 1 ( 2 ( 3 ( \u201cHe stepped back saw a flash through the blindfold and he said: \u2018you\u2019re never going to mention my name, otherwise there will be pictures of me everywhere.\u2019\u201d \u2014 anonymous, on a tape obtained by ( affair#.WlbpAn6BIAA.twitter) Corey Lewandowski (/a/sexual-harassment-assault-allegations- list/corey-lewandowski) Political commentator; former campaign manager for Donald Trump Publicly reported December 22, 2017 woman has filed a sexual assault complaint against him, saying he slapped her twice on the buttocks. Sources/more info: 1 ( 2 ( 3 ( \u201cIt was completely demeaning and shocking.\u201d \u2014 Joy Villa, singer ( Andrea Ramsey (/a/sexual-harassment-assault-allegations- list/andrea-ramsey) Former candidate for the House of Representatives (D-KS) Publicly reported December 15, 2017 man has reported that she sexually harassed him and retaliated when he rejected her advances. She has dropped out of her congressional race. Sources/more info: 1 ( \u201cAfter rejected her, she told me she now was hearing bad things about my performance and on June 13, 2005, terminated my employment.\u201d \u2014 Gary Funkhouser, former employee, LabOne ( Bobby Scott (/a/sexual-harassment-assault-allegations- list/bobby-scott representative (D-VA) Publicly reported December 15, 2017 woman reports that he sexually harassed her. Sources/more info: 1 ( denied-lawmaker/955214001/) 2/21/25, 8:05 Paul Whalen, Dartmouth College professor, sexual misconduct allegations 71/79 was propositioned to have a sexual relationship with my boss that did not want was retaliated against was wrongfully terminated and was blackballed.\u201d \u2014 M. Reese Everson, author and attorney ( alleges-sexual-harassment-strongly-denied-lawmaker/955214001/) Ed Murray (/a/sexual-harassment-assault-allegations-list/ed- murray) Secretary of state, Wyoming (R) Publicly reported December 14, 2017 woman says that he sexually assaulted her. Sources/more info: 1 ( assaulted/article_2f1faf41-90a7-52b4-b6c6-bbf374843977.html#utm_source=trib.com&utm_campaign=%2Femail- updates%2Fbreaking%2F&utm_medium=email&utm_content was disgusted and horrified.\u201d \u2014 Tatiana Maxwell, real estate developer ( secretary-of-state-ed-murray-sexually-assaulted/article_2f1faf41-90a7-52b4-b6c6- bbf374843977.html#utm_source=trib.com&utm_campaign=%2Femail- updates%2Fbreaking%2F&utm_medium=email&utm_content=) Dan Johnson (/a/sexual-harassment-assault-allegations- list/dan-johnson) Former state representative (R-KY) Publicly reported December 12, 2017 woman reported that he sexually assaulted her when she was 17. He killed himself shortly after the allegations were published. Sources/more info: 1 ( 2 ( resign/) 3 ( his-widow-calls-it-a-high-tech-lynching/?utm_term=.de8f0844cfb5) \u201cWhat you did was beyond mean, it was evil.\u201d \u2014 Maranda Richmond, in a message to Johnson ( Alex Kozinski (/a/sexual-harassment-assault-allegations- list/alex-kozinski) Retired judge Court of Appeals for the Ninth Circuit Publicly reported December 9, 2017 Multiple former employees have said he showed them pornography, touched them inappropriately, or made inappropriate sexual comments to them. He has retired. Sources/more info: 1 ( misconduct/2017/12/08/1763e2b8-d913-11e7-a841-2066faf731ef_story.html?utm_term=.48dd2ff565cf) 2 ( 2/21/25, 8:05 Paul Whalen, Dartmouth College professor, sexual misconduct allegations 72/79 3 ( allegations) \u201cIt wasn\u2019t just clear that he was imagining me naked, he was trying to invite other people \u2014 my professional colleagues \u2014 to do so as well.\u201d \u2014 Emily Murphy, former clerk ( kozinski-accused-of-sexual-misconduct/2017/12/08/1763e2b8-d913-11e7-a841-2066faf731ef_story.html?utm_term=.c956f1b10870) Trent Franks (/a/sexual-harassment-assault-allegations- list/trent-franks) Former representative (R-AZ) Publicly reported December 7, 2017 House sources said that he approached two female staffers about acting as a gestational surrogate for his wife and him. He has resigned. Sources/more info: 1 ( 2 ( 3 ( was asked a few times to look over a \u2018contract\u2019 to carry his child, and if would conceive his child would be given $5 million.\u201d \u2014 anonymous, to ( Borris Miles (/a/sexual-harassment-assault-allegations- list/borris-miles) State representative (D-TX) Publicly reported December 6, 2017 Multiple people have said that he subjected women to unwanted advances, sexual comments, or forcible kissing. Sources/more info: 1 ( just remember thinking need to go, and need to not be here anymore.\u2019\u201d \u2014 anonymous, to the Daily Beast ( capitol) Carlos Uresti (/a/sexual-harassment-assault-allegations- list/carlos-uresti) State representative (D-TX) Publicly reported December 6, 2017 Two women have reported that he sexually harassed them. Sources/more info: 1 ( \u201cHe put his hands on me, he ogled me would not get in an elevator with him.\u201d \u2014 anonymous, to the Daily Beast ( capitol) Matt Dababneh (/a/sexual-harassment-assault-allegations- list/matt-dababneh) Former California state Assembly member (D) 2/21/25, 8:05 Paul Whalen, Dartmouth College professor, sexual misconduct allegations 73/79 Publicly reported December 4, 2017 woman has reported that he exposed himself to her and masturbated in front of her, and another has said he harassed her. He has resigned. Sources/more info: 1 ( bathroom/) 2 ( \u201cDuring the time he blocked me in that room, my instincts were focused on escaping without physical contact and in a way that would not cause a scene.\u201d \u2014 Pamela Lopez, lobbyist ( harassed-her-in-a-bathroom/) Rub\u00e9n Kihuen (/a/sexual-harassment-assault-allegations- list/ruben-kihuen representative (D-NV); former Nevada state senator Publicly reported December 1, 2017 Two women have reported that he sexually harassed them. Sources/more info: 1 ( utm_term=.iiPJY3D5AD#.uuJqGL8648) 2 ( \u201cYou don\u2019t really know what to say when a senator tells you, like, \u2018Nice ass.\u2019\u201d \u2014 anonymous, to the Nevada Independent ( persistent-unwanted-sexual-advances) Blake Farenthold (/a/sexual-harassment-assault-allegations- list/blake-farenthold representative (R-TX) Publicly reported November 30, 2017 former staffer sued him, alleging gender discrimination, sexual harassment, and creating a hostile work environment. He used taxpayer money to settle the claim. He will not seek reelection. Sources/more info: 1 ( 2 ( 3 ( \u201cIt\u2019s definitely turned my life upside down.\u201d \u2014 Lauren Greene, former communications director for Farenthold ( sexual-harass-greene-278869) John Conyers (/a/sexual-harassment-assault-allegations- list/john-conyers) Former representative (D-MI) Publicly reported November 20, 2017 Multiple former employees have said he sexually harassed female staffers. He has resigned. 2/21/25, 8:05 Paul Whalen, Dartmouth College professor, sexual misconduct allegations 74/79 Sources/more info: 1 ( 2 ( 3 ( 4 ( says/2017/12/05/17057ea0-d9bb-11e7-a841-2066faf731ef_story.html?utm_term=.37d0bbc4ae44 was basically blackballed. There was nowhere could go.\" \u2014 anonymous, to BuzzFeed ( utm_term=.jaYwr3D3b#.uxxxQ5g5V) Wesley Goodman (/a/sexual-harassment-assault-allegations- list/wesley-goodman) Former state representative (R-OH) Publicly reported November 17, 2017 man reported that Goodman groped him, and multiple men said he sent them unwanted or inappropriate sexual or suggestive messages. He quit after it was revealed that he had a consensual sexual encounter with a man in his office. Sources/more info: 1 ( gop-star/2017/11/17/b3b4b8da-c956-11e7-b0cf-7689a9f2d84e_story.html) 2 ( goodman/) 3 ( male.html) \u201cHe also asked how much \u2018p****y was getting and wondering what was doing on Friday and Saturday nights.\u201d \u2014 anonymous, to ( gop-rep-wes-goodman/) Al Franken (/a/sexual-harassment-assault-allegations-list/al- franken senator (D-MN) Publicly reported November 16, 2017 Multiple women have reported that he groped or otherwise harassed them. He has announced that he will resign from Congress. Sources/more info: 1 ( 2 ( 3 ( was stunned and incredulous felt demeaned felt put in my place.\u201d \u2014 anonymous former elected official in New England, to Jezebel ( franken-tried-to-g-1820849687) Jeff Kruse (/a/sexual-harassment-assault-allegations-list/jeff- kruse) Oregon state senator (R-Roseburg) Publicly reported November 15, 2017 2/21/25, 8:05 Paul Whalen, Dartmouth College professor, sexual misconduct allegations 75/79 Two women have reported that he sexually harassed or inappropriately touched them. He has been relieved of committee assignments and is under investigation. Sources/more info: 1 ( 2 ( \u201cWhat made all of this worse is that not only was continuing to experience this behavior, [\u2026] but was witnessing this happen to other women.\u201d \u2014 Sara Gelser, Oregon state senator (D-Corvallis) ( Calvin Smyre (/a/sexual-harassment-assault-allegations- list/calvin-smyre) Georgia state representative (D-Columbus) Publicly reported November 10, 2017 woman reported that he sexually assaulted her. Sources/more info: 1 ( 2 ( 3 ( \u201cHow many stories of assault and harassment have never been told because of political connections?\u201d \u2014 Jehmu Greene, political commentator ( Steve Lebsock (/a/sexual-harassment-assault-allegations- list/steve-lebsock) Former state representative, Colorado (D-Thornton) Publicly reported November 10, 2017 Multiple women have reported that he sexually harassed them. The Colorado House of Representatives has voted to expel him. Sources/more info: 1 ( 2 ( 3 ( \u201cOn Monday, for the first time in nearly two years, I\u2019m going to come to a building where I\u2019m not going to be worried about retaliation from someone stood up to.\u201d \u2014 Faith Winter, Colorado state representative ( Roy Moore (/a/sexual-harassment-assault-allegations-list/roy- moore) Former judge; 2017 Senate candidate Publicly reported November 9, 2017 Multiple women have said he sexually abused or assaulted them, or pursued them sexually or romantically when they were teenagers. Sources/more info: 1 ( 32/2017/11/09/1f495878-c293-11e7-afe9-4f60b5a6c4a0_story.html?tid=sm_tw&utm_term=.512aedc10bfb) 2 ( 2/21/25, 8:05 Paul Whalen, Dartmouth College professor, sexual misconduct allegations 76/79 felt like had done something bad. And it kind of set the course for me doing other things that were bad.\u201d \u2014 Leigh Corfman, customer service representative ( initiated-sexual-encounter-when-she-was-14-he-was-32/2017/11/09/1f495878-c293-11e7-afe9-4f60b5a6c4a0_story.html? tid=sm_tw&utm_term=.d9990836f257) Dwayne Duron Marshall (/a/sexual-harassment-assault- allegations-list/dwayne-duron-marshall) Former chief of staff to Rep. Brenda Lawrence (D-MI) Publicly reported November 7, 2017 Multiple women have said he made inappropriate comments or engaged in unwanted touching in the workplace. He has resigned. Sources/more info: 1 ( 2 ( \u201cShe\u2019s complicit because she knows. [\u2026] She knows he makes comments. She knows he rubs the back and rubs the shoulders.\u201d \u2014 anonymous, about Rep. Lawrence, to Politico ( aide-244617) Tony Mendoza (/a/sexual-harassment-assault-allegations- list/tony-mendoza) California state senator (D-Artesia) Publicly reported November 7, 2017 Multiple people have said that he behaved inappropriately with a female legislative fellow and other staffers. He is under investigation and has been stripped of his leadership positions. Sources/more info: 1 ( 1513299672-htmlstory.html) 2 ( 3 ( 1517619265-htmlstory.html) \u201cShe said she feared for her job if she refused the invitations.\u201d \u2014 Patrick McGreevy, Los Angeles Times ( mendoza-under-investigation-for-1517619265-htmlstory.html) Raul Bocanegra (/a/sexual-harassment-assault-allegations- list/raul-bocanegra) Former California state Assembly member (D) Publicly reported October 27, 2017 Multiple women have reported that he groped them or made unwanted advances. He has resigned. Sources/more info: 1 ( 2 ( election/) 3 ( misconduct/) 2/21/25, 8:05 Paul Whalen, Dartmouth College professor, sexual misconduct allegations 77/79 \u201cHe grabbed me with one hand, grabbed my head and shoved his tongue into my mouth.\u201d \u2014 Sylvia Castillo, former student mentorship program coordinator ( lawmaker-accused-of-groping-fellow-staffer-will-not-run-for-re-election/) George H.W. Bush (/a/sexual-harassment-assault-allegations- list/george-h-w-bush) Former president Publicly reported October 25, 2017 Multiple women have said he groped them during photo ops. Sources/more info: 1 ( 2 ( \u201cAt the very moment when was feeling honored to be recognized for my work and to raise money for this important organization that believe in, President Bush made clear to me that because am a woman can be objectified, sexualized, reduced to a body part.\u201d \u2014 Christina Baker Kline, novelist ( Donald Trump (/a/sexual-harassment-assault-allegations- list/donald-trump) President of the United States Publicly reported October 15, 2017 More than a dozen women have accused him of sexual assault, harassment, or other misconduct. Sources/more info: 1 ( 2 ( 3 ( her-consent-the-white-house-denies-the-charge/2019/02/25/fe1869a4-3498-11e9-946a-115a5932c45b_story.html? utm_term=.a63ec198874b) \u201cHe was like an octopus. [\u2026] His hands were everywhere.\u201d \u2014 Jessica Leeds, businesswoman ( hp&action=click&pgtype=Homepage&clickSource=story-heading&module=first-column-region&region=top-news&WT.nav=top- news) \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf Back to 1 / 40 Paul Whalen (/a/sexual-harassment-assault-allegations-list/paul-wha Professor, Dartmouth College Department of Psychological and Brain Sciences Publicly reported October 31, 2017 More than a dozen people report that he created a hostile environment \u201cin which sexual harassment is normalized.\u201d He has b law enforcement is investigating. Sources/more info: 1 ( 2 ( 3 ( 2/21/25, 8:05 Paul Whalen, Dartmouth College professor, sexual misconduct allegations 78/79 \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf WRITING: Anna North, Constance Grady, Laura McGann, Aja Romano EDITING: Michelle Garcia, Susannah Locke, Eleanor Barkhorn DESIGN: Amanda Northrop, Christina Animashaun DEVELOPMENT: Ryan Mark, Kavya Sukumar EDITING: Tanya Pai LEAD: Kainaz Amaria Images: AP, Getty Images, Vjeran Pavic, Wikicommons ( Terms of Use ( \u2022 Privacy Policy ( \u2022 \u00a9 Vox Media, Inc. ( All rights reserved 4 ( \u201cWhat\u2019s [not] normal is the amount of drinking, the number of times they did it and how it affected their relationship students.\u201d \u2014 anonymous, to the Dartmouth ( 2/21/25, 8:05 Paul Whalen, Dartmouth College professor, sexual misconduct allegations 79/79", "7306_106.pdf": "Lawsuit Filed Against Dartmouth The suit alleges that Dartmouth did not adequately respond to complaints of sexual misconduct Articles 11/14/2018 n a lawsuit filed today in the U.S. District Court of New Hampshire, seven former students and current students allege that Dartmouth did not adequately respond to their complaints of sexual misconduct in cases involving three former faculty members in the Department of Psychological and Brain Sciences (PBS). The case, a class-action suit seeking $70 million in damages, was filed this morning in the Concord federal court by attorneys from Concord, New York City, and Baltimore who are representing the seven women. In an email informing the campus community of the filing, President Philip J. Hanlon \u201977 this morning wrote that \u201cwe respectfully, but strongly, disagree with the characterizations of Dartmouth\u2019s actions in the complaint and will respond through our own court filings \u2026 but remain \u201copen to a fair resolution of the students\u2019 claims through an alternative to the court process date for the first hearing in the case has not been set. The cases concern three faculty members who were investigated by the College following accusations of sexual misconduct. William Kelley and Paul Whalen resigned in July and June, respectively, following recommendations from the dean of the Faculty of Arts and Sciences that they lose tenure and that their employment be terminated. Todd Office of Communications 2/21/25, 8:05 Lawsuit Filed Against Dartmouth \| Dartmouth 1/5 Heatherton retired in June following the same recommendation. He was able to retire given his age and length of employment, an option not available to Kelley and Whalen. The three men are banned from campus and from attending any Dartmouth-sponsored event, no matter where the event is held. In today\u2019s email, Hanlon reiterated what he has emphasized in a number of communications throughout the course of the investigations\u2014that sexual misconduct and harassment will not be tolerated at Dartmouth. In addition, he applauded \u201cthe courage displayed by members of our community within who brought the misconduct allegations to Dartmouth\u2019s attention last year. \u201cWe conducted a rigorous, thorough, and fair review of the allegations, consisting of three separate investigations led by an experienced external investigator who interviewed more than 50 witnesses and reviewed extensive documentation. Throughout this disciplinary process, we took steps to protect the privacy and procedural rights of all the parties involved,\u201d he wrote know speak for the board of trustees and Dartmouth\u2019s senior leadership when say that we are dedicated to maintaining a safe and inclusive campus for all members of our community.\u201d Dartmouth is working to create a unified policy on sexual misconduct applicable to all members of the College community. Currently there are different policies for faculty, students, and staff unified policy would provide clarity and consistency across the institution, setting uniform expectations and processes for the three groups. The proposed policy follows work by the Presidential Steering Committee on Sexual Misconduct, which was appointed in February and spent several months reviewing best practices at peer institutions, hosting listening sessions for members of the community, and identifying parameters to inform development of proactive policies and training plans. Dartmouth is soliciting community input on a draft of the new policy and procedures for responding to allegations 2/21/25, 8:05 Lawsuit Filed Against Dartmouth \| Dartmouth 2/5 against students, faculty, and staff. Dartmouth offers a range of support services to all, including those who have made reports of sexual assault and misconduct or would like to make reports. The services can be found on Dartmouth\u2019s sexual respect website at . ' 7 7 Articles 3/4/2024 Discussion Series to Offer Deep Dive Into Dartmouth Budget 2/21/25, 8:05 Lawsuit Filed Against Dartmouth \| Dartmouth 3/5 Quoted believe presidents Beilock and Hanlon deserve public praise for their stalwart defense of free speech, pluralism, and intellectual engagement \u2019 2 3 6/15/2023 Contact Careers Administrative Offices Emergency Preparedness 2/21/25, 8:05 Lawsuit Filed Against Dartmouth \| Dartmouth 4/5 Copyright \u00a9 2025 Trustees of Dartmouth College Directory Mental Health Resources Sexual Respect & Title Accessibility Campus Map Privacy Index Site or Accessibility feedback 2/21/25, 8:05 Lawsuit Filed Against Dartmouth \| Dartmouth 5/5", "7306_107.pdf": "19, 2024 The Scientists versus Dartmouth: Inside a Sexual Harassment Scandal That Shook Science to Its Core In 2018 a group of students at Dartmouth College filed a lawsuit that revealed an entrenched culture of power and abuse, and in doing so, they sparked a wider conversation about sexual violence in science The Scientists Versus Dartmouth: Inside a Sexual Harassment Scandal That Shoo The Scientists Versus Dartmouth: Inside a Sexual Harassment Scandal That Shoo\u2026 Transcript Social Sciences Videos 2/21/25, 8:05 How Dartmouth\u2019s Sexual Harassment Scandal Transformed the Lives of These Women in Science \| Scientific American 1/11 CARD: 2020 Dartmouth College, N.H. Vassiki Chauhan: In September 2015 arrived from the Boston Airport on the Dartmouth Coach that loops around the green felt hopeful about things that were going to happen here, things I\u2019d get to learn, and science I\u2019d get to do. But it doesn\u2019t feel very much like that anymore. I\u2019m Vassiki Chauhan. I\u2019m a Ph.D. student in the field of cognitive neuroscience. I\u2019m pursuing my Ph.D. at Dartmouth, and specifically work on how humans perceive faces of other people. When was in the ninth grade got my hands on a book about theory of relativity and Einstein\u2019s life, and how he became a scientist, and that just blew my mind became really intrigued by physics spent all my pocket money buying books about cosmology, general relativity and quantum mechanics, like was really really really into it. Because was interested in physics loved thinking about artificial intelligence and robotics...so it kind of all came together in the end. When was pulling into Hanover, and flew in from Mumbai was captivated by these red brick buildings felt like was kind of walking into a dream when got there. Once got here noticed that in order to fit in, there was a certain amount of requirement to go together and get a drink. 2/21/25, 8:05 How Dartmouth\u2019s Sexual Harassment Scandal Transformed the Lives of These Women in Science \| Scientific American 2/11 There were three tenured professors in the department of psychological and brain sciences. Todd Heatherton, Bill Kelley and Paul Whalen. They brought in a lot of grants, they were very famous. The professors would be in the bar, and all of a sudden, you know, some women in the group would suddenly have new drinks in their hands that they didn\u2019t even choose, that they didn\u2019t pay for, and we knew that they were paid for by the professors. That was highly normalized, so uh just went with it. Kristina Rapuano: The mentorship was so heavily entangled in this drinking culture like, if there was a drink in front of you, like to turn it down almost felt like you were turning down advising. Sasha Brietzke: Either you go out to the bar and have a beer with him and he\u2019ll read your papers, or you don\u2019t, and you\u2019re neglected. Annemarie Brown: There are now so many red flags. And none of them registered to me at all at the time as a red flag. They would try to keep us from talking to each other about our experiences, and it worked pretty well. Rapuano: Bill Kelley and Paul Whalen would routinely make jokes about our physical appearance, as though this were a competition. Andrea Courtney witnessed Paul Whalen kiss someone on the forehead, and there were just lots of hugs and inappropriate touching. Marissa Evans: The text messages went from like \"Oh, what are you up to?\" to \"Oh, I've been drinking. Like a girl like you would never have a guy like me.\u201d Sending nude photos and telling me like what he wanted to do with me\u2026 2/21/25, 8:05 How Dartmouth\u2019s Sexual Harassment Scandal Transformed the Lives of These Women in Science \| Scientific American 3/11 Rapuano: When entered graduate school with Bill Kelley experienced a lot of heavy grooming behaviors, from really day one. Until he physically took advantage of me at a conference. This being my advisor kind of just didn\u2019t push back didn\u2019t say anything felt trapped. Chauhan: Cumulatively it's like all consistent with, you know, how predators behave. One day Paul Whalen, he invited me to his house for a farewell party for one of his RAs and there were a bunch of other graduate students there. And then, we went to a bar and after that was like okay, if you want to get another beer, this place is closing down, we can go to your house. I\u2019d been to his house before, and didn\u2019t feel like it was anything out of the ordinary. And was trying to play music and he had gone to grab beers or something and just felt his body behind me. And you know, you don't forget a thing like that. You don't forget that \u201cOh my god, what's really happening right now always remember saying no used the word used the action was explicit. And know that to the core. He had so much power and influence and weight, and was just this graduate student from India, like, early stages of my PhD. It was just this deep and insidious violation of trust and human behavior. Brietzke didn't know for a while the degree of wrongdoing that had happened. I'd heard rumors. 2/21/25, 8:05 How Dartmouth\u2019s Sexual Harassment Scandal Transformed the Lives of These Women in Science \| Scientific American 4/11 went to a conference, an academic conference, and Todd Heatherton came to like a post conference event at a karaoke bar, extremely intoxicated. Um, and he like summoned me over to where he was sitting, and kind of grabbed me by, um, the butt and sat me on his lap just remember feeling this intense sense of embarrassment and shame and that would never be taken seriously as a scientist started just kind of raging really, in the hotel, in the conference hotel. And then, after that just started talking to people. Courtney: To be honest, it took comparing my experience with the other women before started to realize wasn\u2019t the problem. Brown: We realized how eerie and startling the similarities were between the patterns of these women. We realized, these men meant to do this. Brietzke: At first it's just like oh, this is just my experience. And then it's oh, other people had these experiences with these three men. And it's like oh, a lot of women. Rapuano: So we sort of organized ourselves and met with the chairs of the department. Without even naming the professors they understood. They knew exactly who we were talking about and decided to launch a Title investigation. Brietzke committee determined that the three professors should be fired. But before that could be finalized, Bill and Paul resigned, and Todd retired. 2/21/25, 8:05 How Dartmouth\u2019s Sexual Harassment Scandal Transformed the Lives of These Women in Science \| Scientific American 5/11 Chauhan: If you either allow three professors to resign or retire after a year- long investigation, you're not setting a precedent. You're just doing the easiest, least costly thing for the institution. At that point it just felt like okay, maybe what we need to do to effect real change is sue the college from our side. Because they need to treat us better. Rapuano: When we first decided to file a lawsuit did want to remain anonymous. Brietzke felt like was detonating my career without really knowing the full extent of the damages. Chauhan was worried about not being seen as a scientist. Being seen as a victim. But in order to have our stories resonate with other women, in order to get institutions to take interest in what we had to say, we had to go all-in. We had to basically put our lives at stake for the impact we wanted to make World News Tonight archival: \u201cThe stunning accusations from several young women, accusing three male professors at Dartmouth of turning their department into a 21st century Animal House, they say, calling it a \u2018predator\u2019s club.\u2019\u201d Courtney: The response was overwhelmingly positive and that was, very, very encouraging. Rapuano: I've had faculty from other institutions reach out and ask for more information about our case so that they can make changes within their own 2/21/25, 8:05 How Dartmouth\u2019s Sexual Harassment Scandal Transformed the Lives of These Women in Science \| Scientific American 6/11 departments. Chauhan lot of Indian women reached out to me and they're like \u201cgiven our culture can't believe this is something that you decided to do, and it makes me feel like this is an option for me as well CARD: In 2019 the plaintiffs and 70+ class members reached a $14- million settlement with Dartmouth CARD: Under the settlement, Dartmouth invested $1.5-million to hire diverse faculty and support a nonprofit working to end gender-based violence CARD: 2024 Harlem, New York City Rapuano: During the lawsuit think it was really important for our names and our faces to be part of that, because it humanized what that case represented. But it's important to know that our narratives don't end with that case. It's a story that is constantly evolving and unfolding, and it is our lives, and we're not defined by that case, but it transforms who we are to this day. So ended up becoming a research scientist at a startup. I'm really grateful that I've been able to land in a place where can still do my science, but that has these more checks and balances, and don't need to worry about that kind of abuse of power being wielded over me. One of the things that started doing is actually weight lifting. So lift heavy weights three to four times a week can squat much more than my body weight. Yeah, it\u2019s really fun. It feels good to be in your own body and, like, feel powerful. 2/21/25, 8:05 How Dartmouth\u2019s Sexual Harassment Scandal Transformed the Lives of These Women in Science \| Scientific American 7/11 Chauhan was a graduate student at Dartmouth when the lawsuit came out. So had to finish my PhD in the aftermath of all of that. So in some ways there was a lot of hostility in that moment, in that environment. Given that so much unexpected stuff had happened felt like there was no way science would hold onto me. It felt like nobody would want me, in fact. But um kept following the path of my curiosity, and that brought me to New York City. So now I'm working as a postdoc at Barnard College. Chauhan (tape can\u2019t wait to show this to you also work as a publisher now, or volunteer as a publisher, with Science for the People. This is the issue that got involved with. It\u2019s about technology. We also have a robust, amazing New York City chapter where we engage in direct action together. It's a really fulfilling experience to not feel alone in wanting science to be more than a profession. Rapuano: I've been very fortunate to maintain a very close tie with my best friend Vassiki. She's fiercely living her life in every aspect, both in her science as a postdoc, her activist work. I'm just always in awe of her. Chauhan: What I\u2019ve learned is that if you want to make change, don't go at it alone. Try to do it with people who will share the burden, and have the same goals as you and as a result can keep you accountable. 2/21/25, 8:05 How Dartmouth\u2019s Sexual Harassment Scandal Transformed the Lives of These Women in Science \| Scientific American 8/11 There are very few things think of as permanent, but our friendship is one of those things CARD: Scientific American reviewed the complaint filed by the interviewees as part of the lawsuit CARD: In October 2024 we reached out to Dartmouth for comment on this story. The college replied: \u201cThere is no place for sexual violence or harassment at Dartmouth. We work every day to ensure a learning and research environment that is safe, respectful, equitable, and inclusive for all students, faculty, and staff. \u201cDartmouth had no prior knowledge of misconduct and applauds the efforts of the women who brought these concerns to light in 2017. Upon learning of the students\u2019 concerns, Dartmouth promptly conducted a rigorous and objective review consisting of separate investigations of each of the former faculty members, led by an experienced external investigator who interviewed more than 50 witnesses and reviewed extensive documentation. \u201cDartmouth took the unprecedented step to revoke the tenure and terminate the employment of all three faculty members after a careful investigation revealed conduct that was at odds with the College\u2019s values and violated its policies is an Emmy-nominated documentary filmmaker and podcast host. Her film (2020), about women scientists fighting sexual harassment, was nominated for a 2022 News & Documentary and was distributed on (PBS) and Netflix (2015), an autobiographical film about growing up with a transgender parent, was a New York Times Critic\u2019s Pick and was distributed on (PBS), Netflix, SundanceNow, Amazon, and iTunes. She\u2019s the cohost of the Spotify podcast PANIC, about a family caught up in the satanic panic of the 1990s \u2014 the subject of the podcast was exonerated in 2023 in part due to their reporting. She was the series story producer on the EMMY-nominated Netflix Original Documentary series and the co-creator of the EMMY- 2/21/25, 8:05 How Dartmouth\u2019s Sexual Harassment Scandal Transformed the Lives of These Women in Science \| Scientific American 9/11 Popular Stories nominated New York Times Op Docs short film series LIFE. Sharon was one of and Documentaries\u2019 40 40 filmmakers of 2021. She has degrees in forest ecology and journalism, and lives in Brooklyn with her husband and daughter. More by Sharon Shattuck 18, 2025 Which Knot Is Stronger? Humans Aren\u2019t Great Judges People are surprisingly bad at guessing knot strength, a study found 14, 2025 Men Actually Crave Romantic Relationships More Than Women Do Multiple-study analysis looks at why men\u2019s emotional intimacy is much more difficult outside of romantic relationships 14, 2025 Why Aren\u2019t We Losing Our Minds Over the Plastic in Our Brains 18, 2025 Broken Legs and Ankles Heal Better If You Walk on Them within Weeks 2/21/25, 8:05 How Dartmouth\u2019s Sexual Harassment Scandal Transformed the Lives of These Women in Science \| Scientific American 10/11 New research on microplastics in brains reminds us that while scientists compile safety data, our leaders should still act Using crutches for months is largely a thing of the past. Early weight-bearing has real benefits 17, 2025 Quantum Simulation Shows How Universe-Destroying \u2018Bubbles\u2019 Could Grow Physicists are finding new ways to model false vacuum decay, a terrifying, albeit remote, cosmic endgame 14, 2025 The Psychology of \u2018Shared Silence\u2019 in Couples The right kind of silence can be golden, revitalizing and strengthening a relationship 2/21/25, 8:05 How Dartmouth\u2019s Sexual Harassment Scandal Transformed the Lives of These Women in Science \| Scientific American 11/11", "7306_108.pdf": ". Dartmouth settles lawsuit over sexual misconduct allegations against former professors August 6, 2019 / 3:55 Dartmouth College announced Tuesday that it has settled a contentious federal lawsuit with nine women who sued the school over allegations that it ignored years of harassment and assault by former psychology department professors. In a statement Tuesday, both sides said the settlement includes $14 million for students who can prove they suffered abuse and can meet other conditions defined in the class action lawsuit, as well as several initiatives by the college \"to rectify current problems and prevent future issues.\" U.S. World Politics HealthWatch MoneyWatch Entertainment Crime Sports Be the first to know Get browser notifications for breaking news, live events, and exclusive reporting. 2/21/25, 8:06 Dartmouth College settles lawsuit over sexual misconduct allegations against former professors today News 1/5 \"These current and former students not only brought to light the completely unacceptable behavior of these three individuals in one department, but, through their courage, also led to our launching \u2014 and now with their help, expanding \u2014 initiatives to address issues of sexual misconduct and power imbalances here, and we hope over time on other campuses as well,\" Dartmouth Provost Joseph Helble, who participated in three days of discussions with the women, said in a statement. The settlement is still subject to approval by a U.S. District Court judge in Concord. In their lawsuit the women, who were graduates or undergraduates at the college, alleged that professors William Kelley, Paul Whalen and Todd Heatherton harassed and touched women inappropriately, often while out partying at bars or at their homes where one hosted hot tub parties. Kelley and Whalen are each accused of assaulting a student after a night of drinking, attempting to seduce women under their supervision and punishing those who rebuffed their advances in the Department of Psychological and Brain Science. Some of the plaintiffs spoke to News last year. Kristina Rapuano said while attending a conference in California in 2015 she was raped by Kelley, who had taken her under his wing. \"Essentially have no memory of this night,\" Rapuano told News didn't even remember waking up had thought that had just been drinking heavily. Now I'm unsure.\" According to Rapuano, Kelley told her they had sex. She had no memory of it. \"But was very clear about how didn't want that to ever happen again,\" she said. Vassiki Chauhan told News she was raped in April 2018 at Whalen's home tried to get out of the situation as soon as possible,\" she said. \"It was only when he started reaching for more intimate parts of my body that was unambiguous about the fact that this is not something wanted.\" Be the first to know Get browser notifications for breaking news, live events, and exclusive reporting. 2/21/25, 8:06 Dartmouth College settles lawsuit over sexual misconduct allegations against former professors today News 2/5 In a statement, the plaintiffs, three of whom were anonymous, said, \"We are satisfied to have reached an agreement with Dartmouth College, and are encouraged by our humble contribution to bringing restorative justice to a body of Dartmouth students beyond the named plaintiffs. We remain committed to bringing survivor perspectives and community voices to the forefront of the conversation surrounding campus climate.\" Dartmouth said it was unaware of the allegations until it was alerted by scores of female students. In October 2017, Dartmouth launched an investigation into the three professors. From left back row, Annemarie Brown, Andrea Courtney and Marissa Evans and, from left front row, Sasha Brietzke, Vassiki Chauhan and Kristina Rapuano pose in New York Nov. 14, 2018. The women filed a lawsuit against Dartmouth College for allegedly allowing three professors to create a culture in their department that encouraged drunken parties and subjected female graduate students to harassment, groping and sexual assault Be the first to know Get browser notifications for breaking news, live events, and exclusive reporting. 2/21/25, 8:06 Dartmouth College settles lawsuit over sexual misconduct allegations against former professors today News 3/5 It never released the findings and was preparing to fire all three. Heatherton retired and the two other professors resigned. Whalen and Kelley could not be reached for comment, and it is unclear if they have attorneys. Heatherton has apologized for acting inappropriately at conferences but said, through a lawyer, that he never socialized or had sexual relations with students. He also said he wasn't aware of the behavior of the two others and would not have condoned it. The allegations in the lawsuit sparked a heated debate at Dartmouth and prompted dozens of alumni to demand greater transparency and accountability in the way the school handles sexual abuse claims. Some were demanding the resignation of the college president while others called for withholding donations. The school responded this year with a range of promised reforms including an outside review of all academic departments, a revisal of its sexual misconduct policy and other measures meant to create an environment free from \"the abuse of power.\" President Philip Hanlon also said the college plans to create a single sexual misconduct policy and include processes for dealing with violations. It also will start mandatory training on the federal law barring gender discrimination, put more resources into mental health and more. \"Providing a safe, secure, and supportive environment is critical to our educational objectives; and, with the help of these strong and creative women, we will get there,\" Helble said in response to the settlement. Jericka Duncan contributed to this report. Sexual Misconduct Spain's ex-soccer chief convicted of sexual assault for kissing player Conor McGregor accuser found \"very bruised\" after alleged rape, medic says Be the first to know Get browser notifications for breaking news, live events, and exclusive reporting. 2/21/25, 8:06 Dartmouth College settles lawsuit over sexual misconduct allegations against former professors today News 4/5 Copyright \u00a92025 Interactive Inc. All rights reserved. Privacy Policy Cookie Details Terms of Use About Advertise Closed Captioning News Store Site Map Contact Us Help \u00a9 2019 Interactive Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report. In: Dartmouth College Associate of Frenchman in mass rape trial admits copycat abuse of own wife Sexual harassment at work is as common today for women as 5 years ago More 2/21/25, 8:06 Dartmouth College settles lawsuit over sexual misconduct allegations against former professors today News 5/5"}
8,189	John Casey	University of Virginia	[ "8189_101.pdf", "8189_102.pdf", "8189_103.pdf", "8189_104.pdf", "8189_105.pdf", "8189_106.pdf" ]	{"8189_101.pdf": "\uf111 \uf099\uf111 \uf39e\uf111 \uf16d\uf111 \uf1bc\uf111 \uf167 Subscribe \| Donate \| Espa\u00f1ol \u4e2d\u6587 1890 News Review panel recommends lifetime ban for former U.Va. professor accused of sexual assault English professor John Casey could be permanently banned from Grounds for Title violations Former English Prof. John Casey retired from the University last December following allegations of sexual assault. Courtesy University of Virginia review panel concluded last Wednesday that retired University English Prof. John Casey should be issued a permanent no-trespass order after being found responsible for multiple Title violations. By Nik Popli March 16, 2019 2/21/25, 8:06 Review panel recommends lifetime ban for former U.Va. professor accused of sexual assault - The Cavalier Daily - University of Virginia's Student Newspaper 1/3 Last January, a University investigator determined that Casey had harassed two former female graduate students in the University\u2019s creative writing program but did not have sufficient evidence that the encounter was non- consensual. Last week, a review panel upheld the determination, writing that \u201cremoval of him from the university community is necessary.\u201d The review panel also found that Casey\u2019s behavior \u201chad a profound impact within the [Master of Fine Arts] Program over multiple years.\u201d Tom Katsouleas, executive vice president and University provost, will make the final decision on the panel\u2019s recommendation to ban Casey from Grounds. In May 2018, Lisa Schievelbein, a former University student, alleged that Casey had non-consensual sexual intercourse with her in 2001 while she was his student. She told investigators Casey had asked inappropriate questions and made sexual- and gender-based comments at a professional dinner, then assaulted her in his car. According to a letter written in November 2018 to Katsouleas, which summarized the results of the investigation, the Title Review Panel unanimously recommended termination of employment, finding Casey\u2019s conduct to be \u201creprehensible\u201d and \u201cclearly a violation\u201d of University policy. The panel determined that Casey kissed and touched Schievelbein one night even though those actions were unwelcomed by her and that the two had sexual intercourse while Schievelbein was still his student. However, due to the evidence presented, the review panel did not find that they had sufficient support for the claim that Casey had repeatedly coerced Schievelbein into non-consensual intercourse. Three other students also filed complaints of sexual misconduct against Casey since November 2017. Casey, a 79-year-old fiction writer, chose to retire in December following the allegations, although he denies Schievelbein\u2019s claims. He took a leave of absence from the University when the allegations first surfaced. In addition to recommending Casey be banned from Grounds, the review panel recommends Casey be made ineligible for a paid or unpaid position at the University and that the English department faculty take Title training in an effort to reduce discrimination on the basis of sex \u2014 including sexual assault, rape and sexual harassment. Under Title of the Education Amendments of 1972, prejudice on the basis of sex in any education program/activity that receives federal funding is prohibited. The University last issued trespass warnings to 10 white supremacists in connection to the Aug. 2017 Unite the Right rally. The policy bans the individuals from Grounds for four years. 2/21/25, 8:06 Review panel recommends lifetime ban for former U.Va. professor accused of sexual assault - The Cavalier Daily - University of Virginia's Student Newspaper 2/3 \uf111 \uf099 \uf111 \uf39e \uf111 \uf16d \uf111 \uf1bc \uf111 \uf167 All rights reserved \u00a9 2025 The Cavalier Daily Powered by Solutions by The State News 2/21/25, 8:06 Review panel recommends lifetime ban for former U.Va. professor accused of sexual assault - The Cavalier Daily - University of Virginia's Student Newspaper 3/3", "8189_102.pdf": "CHARLOTTESVILLE, Va University of Virginia professor who was found to have violated policy by having inappropriate sexual contact with a student is retiring. News outlets report a Dec. 7 letter from a disciplinary review panel found English professor John Casey kissed and touched a female undergraduate student in 2001, and had sex with her while she was likely taking his class. The panel called his conduct \u201creprehensible,\u201d citing the power dynamic. The panel cleared Casey on sexual assault charges, saying \u201cthe passage of time\u201d meant there wasn\u2019t enough information. The panel recommended Casey\u2019s dismissal. On Tuesday, the 79-year-old announced he was resigning, effective immediately. He said he was \u201cdelighted\u201d the panel rejected the rape allegations. The university is continuing to investigate other students\u2019 allegations against Casey. He\u2019s been on leave since December 2017. UVa professor retires after sex harassment panel findings Updated 5:32 CST, December 14, 2018 Trump administration Maine governor Postal Service Voletta Wallace Beard ban 2/21/25, 8:07 UVa professor retires after sex harassment panel findings News 1/3 Vatican says Pope Francis is \u2018improving slightly\u2019 as cardinals acknowledge resignation is possible Israel identifies remains of child hostages but says another body from Hamas was not their mother Trump fires chairman of the Joint Chiefs of Staff Could Trump really return savings to taxpayers 1 2 3 4 2/21/25, 8:07 UVa professor retires after sex harassment panel findings News 2/3 Trump\u2019s attempts to denigrate Zelenskyy have led to a surge in Ukrainian unity 5 2/21/25, 8:07 UVa professor retires after sex harassment panel findings News 3/3", "8189_103.pdf": "John D. Casey Casey reading at the 2010 Virginia Festival of the Book Born 1939 (age 85\u201386) Worcester, Massachusetts, U.S. Occupation Author Years active 1977\u2013present Notable work Spartina, 1989 Spouses Jane Barnes Rosamond Casey Roberts (Robin) Browning Carey Children 4, including Maud Father Joseph E. Casey Relatives Alex Kuczynski (niece) John Casey (novelist) John D. Casey (born 1939) is an American novelist and translator. He won the U.S. National Book Award for Fiction in 1989 for Spartina.[1] Casey went to school at Harvard College, Harvard Law School, and the Iowa Writers' Workshop at the University of Iowa. He currently lives in Charlottesville, Virginia. Among others, writer Breece Pancake studied under him.[2] Casey's papers reside at the Albert and Shirley Small Special Collections Library at the University of Virginia (UVA). Casey's brother-in-law is Nobel Prize-winning physician Harold E. Varmus. Casey's father was former Massachusetts representative Joseph E. Casey. Casey has two adult daughters from his first marriage to novelist Jane Barnes: Nell Casey and Maud Casey. Maud is a published author in her own right, with two well-reviewed novels and a collection of short stories to her credit.[3] Nell Casey is the editor of the essay collection Unholy Ghost on depression and creativity, including essays by herself and her sister, and editor of a second essay collection, An Uncertain Inheritance, by contributors caring for family through illness and death. He also has two daughters, Clare and Julia, from his second marriage to artist and calligrapher Rosamond Casey. Life Family 2/21/25, 8:07 John Casey (novelist) - Wikipedia 1/4 In 2012, John Casey married social media executive Roberts Browning Fray (who went by Robin Fray Carey professionally), whom he first met when she studied English at in 1976. Casey was widowed on December 17, 2015, when Robin Fray Carey was killed in an automobile accident in Fauquier County, Virginia.[4] Casey is the uncle of journalist and writer Alex Kuczynski, whose parents are his sister Jane and his former brother-in-law Pedro Pablo Kuczynski, who was President of Peru from 2016 to 2018. In November 2017, Casey was accused of sexually harassing Emma C. Eisenberg, a graduate of the University of Virginia's M.F.A. program.[5 second anonymous M.F.A. student filed an additional Title complaint at the same time.[5] Several weeks later, a third student, Sharon Harrigan, accused Casey of sexual harassment and gender bias.[6] On November 30, 2017, the university's Office for Equal Opportunity and Civil Rights announced that Casey would not be teaching during the spring 2018 semester, nor would he be advising or mentoring students.[7] In December 2018, a investigation found sufficient evidence that Casey kissed and inappropriately touched a female undergraduate student in 2001.[8] The investigator also found that, \"nearly 30 years ago\"[9] (approximately 1989), Casey made a sexual advance toward one of his female graduate students.[9] Ultimately, the disciplinary panel determined that Casey was \"unfit for continued teaching responsibilities\"[8] and made a unanimous recommendation to terminate his employment.[8] However, Casey retired before the sanction could be carried out.[9] In March 2019, Casey was found responsible for additional Title violations in a separate investigation.[10] Among the supported allegations, Casey used the word \"cunt\" while teaching, called a student a \"sexy Irish pirate\", commented regularly on female students' appearances, and showed up uninvited to a female student's house and \"was overly critical and hostile to her when she rebuffed him\".[10] The panel recommended that Casey be permanently banned from property and made ineligible for paid or unpaid employment.[10] 1989 National Book Award for his novel Spartina[1] 1991 Rome Prize 1993 \"Mildred and Harold Strauss Living\" Award from the American Academy of Arts and Letters An American Romance, Atheneum (1977 978-0-689-10770-2 Testimony and Demeanor, Knopf (1979 978-0-394-50097-3 Title complaints Awards Works Fiction 2/21/25, 8:07 John Casey (novelist) - Wikipedia 2/4 Spartina, Knopf (1989 978-0-394-50098-0[11] Supper at the Black Pearl, Lord John Press (1996 978-0-935716-65-8 The Half-life of Happiness, Knopf (1998 978-0-375-70608-0 Compass Rose, Knopf, (2010 978-0-375-41025-3 Room For Improvement: Notes on a Dozen Lifelong Sports, Knopf (2011 9780307700025 Beyond the First Draft: The Art of Fiction, W. W. Norton & Company (2014 978-0-393- 24108-2 Alessandro Boffa (2002). You're an Animal, Viskovitz!. Translator John Casey. Random House, Inc 978-0-375-40528-0. Linda Ferri (2006). Enchantments. Translator John Casey. Vintage 978-1-4000-3352-2. 1. \"National Book Awards \u2013 1989\" ( s-1989). National Book Foundation. Retrieved 2012-03-27. (With essay by Harold Augenbraum from the Awards 60-year anniversary blog.) 2. \"John Casey (1939\u2013 )\" ( inia.org/Casey_John_1939-). Encyclopedia Virginia. Archived from the original ( pediavirginia.org/Casey_John_1939-) on July 26, 2011. Retrieved December 26, 2009. 3. Daum, Meghan (May 21, 2006). \"Blood Ties\" ( er/21daum.html). The New York Times. Retrieved December 8, 2020. 4. \"Social media entrepreneur loses her life in an instant\" ( ws/article/fauquier-social-media-entrepreneur-loses-her-life-in-instant-2015). Fauquier Now. December 8, 2015. Retrieved April 8, 2019. 5. Mangan, Katherine (November 22, 2017). \"Prominent Creative-Writing Professor at UVa Is Accused of Sexually Harassing Students\" ( ww.chronicle.com/article/Prominent-Creative-Writing/241861). The Chronicle of Higher Education. Archived from the original ( on November 22, 2017. Retrieved November 22, 2017. 6. Serven, Ruth (November 28, 2017). \"New Title complaint filed against Casey\" ( yprogress.com/news/local/new-title-ix-complaint-filed-against-casey/article_e0d90f8a-d48e-11e7-a c4c-17c0caec27eb.html). The Daily Progress. Retrieved December 1, 2017. 7. Gluckman, Nell (November 30, 2017). \"UVa Professor Accused of Sexual Harassment Will Not Teach in the Spring\" ( cle/UVa-Professor-Accused-of/241942). Chronicle of Higher Education. Archived from the original ( on December 2, 2017. Retrieved December 1, 2017. 8. Smith, Ruth Serven (December 13, 2018). \"UVa panel finds Casey responsible of inappropriate sexual contact with student\" ( -responsible-of-inappropriate-sexual-contact-with/article_39bf3996-ff3e-11e8-8786-57a7d7c74cc a.html). The Daily Progress. Retrieved April 8, 2019. Non-fiction Translations References 2/21/25, 8:07 John Casey (novelist) - Wikipedia 3/4 9. Anderson, Nick. \"U-Va. professor retires after investigation indicates he had inappropriate sexual contact with student\" ( -investigation-indicates-he-had-inappropriate-sexual-contact-with-student/2018/12/13/4b0dcb1e-fc bd-11e8-83c0-b06139e540e5_story.html). The Washington Post. Retrieved December 3, 2020. 10. Smith, Ruth Serven (March 7, 2019). \"UVa panel recommends ban for Casey after sexual harassment findings\" ( for-casey-after-sexual-harassment-findings/article_91c69ac8-4136-11e9-817e-cb418163dae5.htm l). The Daily Progress. Retrieved April 8, 2019. 11. \"The Book Inscriptions Project \u00bb Blog Archive \u00bb The Beauty of the Written Word\" ( ve.org/web/20070929095256/ en-word/). September 29, 2007. Archived from the original ( 7/05/17/the-beauty-of-the-written-word/) on September 29, 2007. Retrieved April 8, 2019. Joe David Bellamy (1995). \"John Casey\". Literary luxuries: American writing at the end of the millennium ( University of Missouri Press. p. 193 ( 978-0-8262-1029-6. \"John Casey (novelist).\" \"'U.Va. Profiles' Features Award-Winning Author John Casey\", UVa Today ( 121215110009/ John Casey author spotlight at Random House of Canada ( 034302/ Retrieved from \" External links 2/21/25, 8:07 John Casey (novelist) - Wikipedia 4/4", "8189_104.pdf": "Two former University of Virginia students have filed a sexual harassment complaint against professor and award-winning author, John Casey. (Photo: University of Virginia) CHARLOTTESVILLE, Va. (WSET) -- Two former University of Virginia students have filed a sexual harassment complaint against professor and award-winning author, John Casey. Former students file Title complaints against professor accused of harassment by The Associated Press Sat, November 25th 2017 at 2:50 Updated Tue, November 28th 2017 at 10:07 2/21/25, 8:08 Former students file Title complaints against professor accused of harassment 1/4 The Daily Progress reported Friday that Emma Eisenberg, a 2014 graduate, filed a Title complaint on November 11 that said Casey created a hostile environment for female students. They said a second former graduate filed a similar complaint anonymously on November 15 for alleged sexual and gender harassment by Casey letter sent to Emma Eisenberg from UVA's Title office said the university had opened an investigation based on the two complaints. Eisenberg said the alleged harassment began right after she entered the Master of Fine Arts (MFA) program in 2012. She said Casey's behavior was an \"open secret\". According to Eisenberg, she emailed several former students to inform them of her complaint and posted about it on social media. She said several women responded, sharing their own experiences with the professor. \u201cProfessor Casey repeatedly touched me and other fiction female students at departmental social functions on our shoulders, lower backs, and butts, as well as making routine comments on our appearance in class, such as when female students looked particularly attractive, remarking that one female student was wearing a low-cut top, and remarking that another female student \u2018looked like a streetwalker,\u2019\u201d Eisenberg said in her complaint. She shared that Casey's behavior led to stress and anxiety and limited her ability to develop as a writer. According to a notice of investigation given to Eisenberg plans to investigate and resolve the matters in her complaint within two months. \u201cThe university takes seriously any report of sexual harassment and is investigating this matter in accordance with its applicable policy and procedures spokesman Anthony de Bruyn said. According to The Daily Progress, Casey said it may be proper for him to comment \"at a later date High-ranking Lynchburg gang member sentenced to 8 years for juvenile recruitment 2/21/25, 8:08 Former students file Title complaints against professor accused of harassment 2/4 2-year-old found murdered in stroller, police say child pushed around lifeless for days Woman allegedly zipped 2-year-old in suitcase 'to keep him warm' and brought him on bus by Taboola Techno Mag Tips and Tricks Access all channels anywhere, anytime War Thunder Play War Thunder now for free Play Now Never Throw Away the Water After Boiling Eggs - The Reason is Genius! AdChoices Sponsored 2/21/25, 8:08 Former students file Title complaints against professor accused of harassment 3/4 Loading 2/21/25, 8:08 Former students file Title complaints against professor accused of harassment 4/4", "8189_105.pdf": "( Allegations Summary: Sexual harassment Industry: Academia (/accused/?industry=academia), Literature (/accused/?industry=literature) Alleged Victim Gender: Female John Casey is an American author and professor of creative writing at The University of Virginia. He\u2019s known for his novels, including An American Romance, Testimony and Demeanor, Spartina, Supper at the Black Pearl, The Half-life of Happiness, and Compass Rose. In November 2017, a former student accused Casey of sexual harassment, saying that he repeatedly touched her and other female students and make distasteful comments about women against-english-professor/2017/11/27/11085132-d38d-11e7-a986-d0a9770d9a3e_story.html ( allegations-against-english-professor/2017/11/27/11085132-d38d-11e7-a986-d0a9770d9a3e_story.html) English Prof. John Casey accused of sexual harassment by former students ( harassment-by-former-students) (English Prof. John Casey accused of sexual harassment by former students - The Cavalier Daily - University of Virginia's Student Newspaper) ( 2/21/25, 8:08 John Casey - Accused of sexual harassment - The Creep Sheet 1/3 ( ( ( ( ( Rape & Sexual Harassment Sexual Assault Groping, Sexual Harassment Sexual harassment, sexual assault Sexual coercion of young men 2/21/25, 8:08 John Casey - Accused of sexual harassment - The Creep Sheet 2/3 The Creep Sheet is an encyclopedia of public figures accused of sexual assault and harassment. We list accusations that have been published in credible, mainstream publications. Please note that in most cases, the allegations listed here have not been proved or disproved in court proceedings. Copyright 2025 The Creep Sheet. All Rights Reserved. ( This product uses the TMDb but is not endorsed or certified by TMDb. 2/21/25, 8:08 John Casey - Accused of sexual harassment - The Creep Sheet 3/3", "8189_106.pdf": "27\u00b0 Roanoke Closings and Delays \uf00d \uf0c9 News Livestreams Hometown Weather spokesman for the University of Virginia says a creative writing professor accused of sexually harassing several former students and a faculty member will not teach at the university this spring. John Casey had been set to teach two graduate-level courses in the English department. Three complaints were filed last month by former students who said he had sexually harassed them and created a hostile environment in the classroom. The Daily Progress newspaper reports that since the university opened an investigation on Nov. 20, the school has received additional complaints, including allegations involving a faculty member. Former students said he would touch female students inappropriately and rank them based on their attractiveness. Casey said this week that he is preparing a response to the allegations. Professor accused of sexual harassment dropped from classes Photo Credit 19 (WDBJ) By Associated Press Published: Dec. 1, 2017 at 7:21 Techno Mag \| Sponsored Access all channels anywhere, anytime Camper Van Deals \| Search ads \| Sponsored Now Is The Perfect Time To Get An Unsold Camper Van Learn More \uf057 2/21/25, 8:09 Professor accused of sexual harassment dropped from classes 1/6 Solar Panel \| Search Ads \| Sponsored Pakistan Solar Panels: See How Much It Will Cost To Install Them (See Prices) Learn More Tips and Tricks \| Sponsored Prefabricated Homes \| Search Ads \| Sponsored Ali Pur Kango: Unsold Prefabricated Houses Are on Sale (Take a Look at Prices) Learn More Jewelry \| Search Ads \| Sponsored Pakistan: Jewelry On Sale For Half Price (See Price List) Learn More Your fingers can tell you a lot about your personality. What kind of fingers do you have? 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(See Prices Truck Driver's Salary in the Canada Might Surprise You Lab Reactors Luxembourg Are Cheaper Than You Think (See Prices) Investments Cyprus \| search ads \| Sponsored Cyprus investments might be cheaper than you think Get Info \uf057 2/21/25, 8:09 Professor accused of sexual harassment dropped from classes 2/6 Most Read Washing Machine \| Search Ads \| Sponsored Ali Pur Kango: Unsold Washing Machines Are Selling For Almost Nothing! Learn More Kneepain \| Search \| Sponsored Treatment That Might Help You Against Knee Pain (Search Here) Search Now \uf144 Court records reveal new details in Roanoke woman\u2019s murder \uf144 Man dead after shooting in Roanoke \uf057 2/21/25, 8:09 Professor accused of sexual harassment dropped from classes 3/6 Latest News \uf144 Police woman found dead in south Roanoke; suspect charged \uf144 \u2018That was her love, taking care of seniors\u2019: Remembering Susan Williams \uf144 Victim identified in fatal Roanoke shooting \uf144 Cold lingers today with dangerous wind chills \uf144 Friends of Susan Williams speak on her legacy \uf144 Proposed eight-story housing development in Blacksburg causes mixed feelings Target 7: Trucker Sues Wytheville Police Over Crash Treatment \uf057 2/21/25, 8:09 Professor accused of sexual harassment dropped from classes 4/6 \uf144 \uf144 Brothers remember their mom: Susan Williams Target 7: Trucker Sues Wytheville Police Over Crash Treatment \uf144 New Details in Roanoke Woman's Murder \uf144 Family Remembers Life of Susan Williams \uf144 Federal Government Pauses Funding to Refugee Programs \uf144 Victim Identified in Roanoke Shooting \uf144 Pulaski Delivering Donations for Flood Victims \uf057 2/21/25, 8:09 Professor accused of sexual harassment dropped from classes 5/6 \uf144 \uf057 Public Inspection File [email protected] - (540) 344-7000 Terms of Service Privacy Policy Statement Applications Advertising Digital Marketing Closed Captioning/Audio Description Customize At Gray, our journalists report, write, edit and produce the news content that informs the communities we serve. Click here to learn more about our approach to artificial intelligence Gray Local Media Station \u00a9 2002-2025 News Hometown Weather Sports Community Hometown Local Submit Photos or Videos Community Calendar 2807 Hershberger Road Roanoke 24017 (540) 344-7000 2/21/25, 8:09 Professor accused of sexual harassment dropped from classes 6/6"}
7,228	John W. Fox	Baylor University	[ "7228_101.pdf", "7228_102.pdf", "7228_103.pdf", "7228_104.pdf", "7228_105.pdf" ]	{"7228_101.pdf": "Former Baylor head football coach Art Briles in 2014 Baylor University sexual assault scandal The Baylor University sexual assault scandal concerned numerous sexual and non-sexual assaults by Baylor University students, mostly players on the school's football team, and efforts by school officials to conceal them, from about 2012 to 2016.[1] Head football coach Art Briles was ousted, Baylor president Ken Starr was demoted and eventually resigned, athletic director Ian McCaw resigned, Title coordinator Patty Crawford resigned, and two others connected with the football program were fired in connection with the scandal.[2] Tevin Elliot, a former Baylor linebacker, was sentenced on January 23, 2014, to 20 years in prison and fined US$10,000 for each of his two sexual assaults of a Baylor student in 2012. Sam Ukwuachu, a defensive end, was found guilty by a Texas court on August 21, 2015, of two counts of sexual assault of a Baylor student. That conviction was overturned, reinstated in 2018, and again reversed in July 2019. Jacob Anderson, 20-year-old Phi Delta Theta president, was charged with sexual assault on March 3, 2016, after a fraternity party.[3] Anderson pleaded no contest to a charge of unlawful restraint as part of a deal that included mandatory counseling, a $400 fine, and three years of probation.[4] Shawn Oakman, a former All-American defensive end, was tried for sexual assault of a female student[5] and found not guilty in February 2019. In 2018, a plaintiff's attorney, Jim Dunnam, accused Baylor of implementing a \u2033concerted strategy to get the public to believe this is entirely and only a football-related problem.\"[6] In September 2015, following the conviction of former football players Tevin Elliot and Sam Ukwuachu for sexual assault,[7][8][9][10][11] as well as allegations against other players, Baylor University commissioned the law firm Pepper Hamilton to conduct an independent external investigation regarding Baylor's handling of sexual violence. In April 2016, former player Shawn Oakman was arrested on sexual assault charges.[12][13] Background 2/21/25, 8:09 Baylor University sexual assault scandal - Wikipedia 1/34 After the presentation of Pepper Hamilton's report, the university fired head coach Art Briles on May 26, 2016. Baylor president Ken Starr and athletic director Ian McCaw also resigned.[14] Jim Grobe, a former Wake Forest head coach and former chairman of the Ethics Committee, was hired on an interim basis.[15][16] After Briles threatened to sue the school for wrongful termination, Baylor provided an out-of-court settlement. In 2016, Briles and Baylor were co-defendants in a lawsuit filed by a woman allegedly sexually assaulted by a football player.[17] After Briles's departure, many Baylor football players, including Jarrett Stidham, decided to transfer to other schools. Seven members of the 2016 recruiting class asked to be released from their National Letter of Intent, and six of the seven players who had committed to join the 2017 recruiting class withdrew.[18] One former student who sued the school accused it of fostering a \"hunting ground for sexual predators\" and suggested that the football program used rules prohibiting students from engaging in pre-marital sex and drinking alcohol to intimidate students into silence. Another 2016 lawsuit reportedly charged university officials with ignoring rape claims. In response to the multiple lawsuits, the school stated, \"Baylor University is pleased that the parties were able to resolve this dispute\".[19] Tevin Elliot joined the Baylor football team as a redshirt in 2009. Two years later, he was suspended for academic misconduct, but Starr lifted the suspension.[20] Before being indicted on two separate counts of sexual assault, Elliot had allegedly assaulted three other women who kept it a secret and never pressed charges.[21] Elliot's first known sexual assaults were committed against a former Baylor student twice in the same night at a party on April 15, 2012. According to testimony given during the trial, the victim was the fifth person to be assaulted by Elliot. During the trial, two of the other victims detailed their sexual assaults that took place on October 31, 2009.[21] On January 16, 2014, the jury indicted Elliot on two separate counts of sexual assault, allegedly involving two 18-year-old women on the same night in April 2012 week later, on January 23, 2014, he was found guilty and was sentenced to twenty years in prison with a fine of $10,000 for each of his two sexual assaults. The jury had found him guilty in less than an hour and deliberated his punishment for two hours. After his arrest, Elliot was suspended from Baylor's football program and campus on the claim of violating student and team policies. He later finished his degree at Bacone College in Muskogee, Oklahoma.[22] In 2013, Sam Ukwuachu transferred to Baylor after requesting to be released from Boise State, wanting to be closer to home. Citing his depression and erratic behavior, Boise State released Ukwuachu.[23] It was widely rumored that he was dismissed due to domestic violence or sexual Incidents and trials Tevin Elliot Sam Ukwuachu 2/21/25, 8:09 Baylor University sexual assault scandal - Wikipedia 2/34 assault incidents, both of which are denied by Boise State.[24] On the night of October 19, 2013, Baylor was celebrating its homecoming victory against Iowa State. Ukwuachu, who was ineligible to play the 2013 season because of National Collegiate Athletics Association (NCAA) rules regarding transfer students, was celebrating with the rest of the team nonetheless at the Waco convention center. Also at the celebration was an 18-year-old \"Jane Doe\" who was on friendly terms with Ukwuachu. Shortly before two in the morning, Ukwuachu texted Doe, who replied by saying that she would call him. During her testimony, Doe said that she had called him moments later and agreed to go with him to get something to eat or to go to another party\u2014but after he picked her up that night, he turned the wrong way out of her apartment complex and drove her to his apartment instead. Doe described Ukwuachu as extremely agitated, getting angry with his dog and with a friend on the phone, who was in from out of town. After she resisted his initial advances, Doe testified, he began to grab her. \"He was using all of his strength to pull up my dress and do stuff to me\", she said. \"He had me on my stomach on the bed, and he was on top of me.\" Doe testified that he pulled her dress up, pulled her underwear to the side, and forced her legs open with his toes, her head pressed between his bed and his desk, then forced himself inside of her. Doe was a virgin at the time. Texts between Ukwuachu and Doe from earlier in the week, before the encounter, were also revealed to the jury during trial. In those messages, Doe is unambiguous that she is not interested in a physical or romantic relationship with Ukwuachu; he sent her messages like \u201cwe have unfinished business\", in reference to a previous encounter, which she characterized as Ukwuachu trying to put \"moves\" on her. She replied don't think we need finish any business\" and \"let's just chill.\" The night at his apartment, she testified was screaming stop and no.\u201d According to her testimony, after he finished, he told her \"This isn't rape\", asked her if she was going to call the police, and left her to find a ride. Two of Doe's friends arrived in the middle of the night to pick her up, at which point she told them that Ukwuachu had raped her. The next day, Doe went to the hospital and was subject to a sexual assault nurse examination, which found vaginal injuries including redness, bleeding, and friction injuries.[25] The police decided not to make an arrest, but prosecutors brought the case before a grand jury. On June 25, 2014, the grand jury brought an indictment against Ukwuachu for two counts of sexual assault. The true bill of indictment does not provide any details about what happened and gave zero notice to the media. On August 7, two days after the case was exposed to the public, a judge granted a gag order on everyone involved in the case that prohibited the release of information to the media. The trial began with the jury selection in Texas on August 17, 2015. There are no publicly available details or accounts of how the night in question unfolded. There is no timeline of how the police handled it, or how the university responded, or any discussion of Baylor's investigation.[26] Ukwuachu was convicted of sexual assault and sentenced to 180 days in jail, 10 years' felony probation, 400 hours of community service, and had to register as a sex offender. In March 2017, Waco's 10th Court of Appeals overturned Ukwuachu's conviction and ordered a new trial based on evidence they felt shouldn't have been suppressed. This evidence indicated the victim sent text messages indicating she wanted to have sex with Ukwuachu. In a unanimous decision, the Texas Court of Criminal Appeals reinstated the conviction. They ruled that the trial court did not abuse its discretion when it did not allow into evidence text messages the woman sent to her friend while the woman and Ukwuachu were traveling to his apartment on the night of the reported assault and found the evidence \"harmless\".[27] 2/21/25, 8:09 Baylor University sexual assault scandal - Wikipedia 3/34 On July 11, 2019, the 10th Court of Appeals reversed and remanded Sam Ukwuachu\u2019s 2015 sexual assault conviction after stating that prosecutors used false testimony and violated the person's due process rights.[28] In the legal findings it was stated that there is a \u201creasonable likelihood that the false impression affected the judgment of the jury.\u201d[29] In 2020, the sexual assault conviction was again reinstated.[30] In February 2012, Shawn Oakman was dismissed from the Penn State Nittany Lions football team for a violation of team rules for stealing a sandwich and, while demanding the return of his identification card, for grabbing the wrist of the clerk who took it.[31] Oakman enrolled at Baylor. In 2013, Oakman had been previously accused of assaulting an ex-girlfriend, but no charges were pressed, which led to Oakman not being disciplined by Baylor. It is unclear if Baylor knew of the incident.[32 woman reported an assault that happened early Sunday morning of April 3, 2016, according to a Waco police affidavit. The woman told police she met Oakman at a nightclub and walked with him to his apartment, where she said Oakman forcibly removed her clothing and sexually assaulted her. The Associated Press generally does not identify alleged sexual assault victims. The woman told police she was able to leave the apartment after she was assaulted. The affidavit says the woman was \"treated for her injuries\" at a medical center, where a sexual assault examination was performed. Oakman was freed on $25,000 bond after his arrest.[33] On July 20, 2016, Oakman was indicted by a grand jury on charges of second-degree felony sexual assault. Oakman, once considered a potential second- or third-round pick in the 2016 draft, went undrafted after his arrest. The trial was initially slated for December 2018.[34][35] However, it did not begin until February 26 of the following year. On February 28, 2019, Oakman was found not guilty of sexual assault.[36] In May 2016, Baylor terminated the contract of longtime head football coach Art Briles and University President Ken Starr resigned.[37] Title Coordinator Patty Crawford resigned after alleging that Baylor University did not allow her to do her job properly. She claimed that the more she pushed to help the victims, the more resistance she felt from the board of advisors. She insisted that the board was full of \u201ca group of seniors that made sure that they were protecting the brand... instead of our students\u201d, contradicting earlier statements that she had made in an August interview. In that interview, Crawford had said that the university had an \u201cexcellent board that listens and is very supportive\u201d, that she had a \u201cgood partnership\u201d with the athletics department and an \"excellent board [of regents] that listens and is very supportive, specifically the committee that report to. One step at a time, we\u2019re building it.\"[38] Crawford said she resigned because she did not want to be a part of the problem.[5] Shawn Oakman Aftermath 2/21/25, 8:09 Baylor University sexual assault scandal - Wikipedia 4/34 Ken Starr Phil Bennett In 2014 claimed, \"the football team may have only played a very minor role in any documented sexual assaults on Baylor students.\" In a 2016 story, the television station stated, \"a closer review of [a 2014 report commissioned by Baylor University officials] reveals years of failures by University officials to fully adopt federal laws and guidelines governing student safety\u2033.[39] In a 2017 lawsuit, victims suing the university alleged that from 2011 to 2014 at least 31 football players committed at least 52 rapes.[40] In March 2017, the Texas Ranger Division confirmed that it was investigating the university.[40] On March 7, 2017 District Judge Robert L. Pitman refused to dismiss a lawsuit by victims against the university.[40] On September 18, 2023, notification of settlement was entered into online court records for a lawsuit first filed by 15 victims in June 2016.[41] April 30, 2012: Football player Tevin Elliot is arrested on multiple charges of illegal sexual contact with a woman on campus.[42] January 23, 2014: With four women, in addition to the original accuser, coming forward with accusations, Tevin Elliot is convicted.[43] Tanya, one of the women, stated Elliot pushed her into the mud, raped her, and then allowed her to get up. He then immediately shoved her, face first, into a metal fence and raped her again.[44] January 24, 2014, Elliot is sentenced to two decades in a detention facility and fined $10,000.[45] June 2015: According to Defensive Coordinator Phil Bennett, player Sam Ukwuachu, who transferred from Boise State, would play for Baylor in 2014. Comments made based on information that was available at the time. However, soon thereafter, Ukwuachu is indicted for sexually assaulting a Baylor soccer player. Ukwuachu was immediately suspended from the team, but allowed to resume academic pursuits. He never stepped onto a football field for Baylor. He was later convicted, but his conviction was overturned before eventually being reinstated.[46][47][48] August 17, 2015: Sam Ukwuachu's trial begins.[45] Timeline 2012 2014 2015 2/21/25, 8:09 Baylor University sexual assault scandal - Wikipedia 5/34 August 20, 2015: After deliberating for five and half hours, the jury returns a guilty verdict for sexual assault charges against Ukwuachu.[49] August 21, 2015: Ukwuachu is legally mandated to serve six months in a non-prison detention facility and ten years of probation.[50] Ken Starr, the top position-holder at the school, orders an internal investigation to ascertain how Ukwuachu was allowed to transfer in. Baylor Coach Art Briles claims he did not know why Ukwuachu transferred from Boise State. Boise State Coach Chris Petersen states he informed Briles of everything he knew, which did not include any incidents of sexual violence, as Boise State would have been required to report it had Petersen known of something. Boise State did not report any sexual violence charge against Ukwuachu.[45] September 2, 2015: Baylor hires Pepper Hamilton to look into Baylor's response to sexual violence on school grounds.[51] September 3, 2015: Starr claims Boise State did not give any indication that Ukwuachu's had undertaken bad acts before he departed the school.[52] September 28, 2015: Ukwuachu, with a new attorney, files legal paperwork for another trial.[53] October 26, 2015 judge denies Ukwuachu's motion for a new trial.[54] December 31, 2015: Baylor settles a lawsuit filed by the former soccer player allegedly assaulted by Ukwuachu.[55] January 31, 2016: Outside the Lines releases a video report of multiple women saying Tevin Elliot forced himself upon them without their consent. One victim claims she informed a member of the Baylor faculty of the assault but was told the university could take no action in the absence of a court decision.[56] February 7, 2016: Due to criticism of his handling of the scandal, Ken Starr releases a statement saying, \"Our hearts break for those whose lives are impacted by execrable acts of sexual violence.\" [57] March 30, 2016: Jasmin Hernandez, the former Baylor attendee that suffered sexual assault by Elliot, files a lawsuit against the university over its failure to properly handle sexual-assault complaints.[58] April 5, 2016: Baylor places \"Real Men Respect Women\" placards at the practice field.[59] April 7, 2016 Baylor graduate student accuses previous university player Shawn Oakman of sexually assaulting her.[45] April 13, 2016: Oakman is arrested by Waco police.[60] April 25, 2016: Oakman is accused of another assault, which occurred in 2013.[61] May 5, 2016: In a report released by Sue Ambrose and David Tarrant of the Dallas Morning News, some within the Baylor community criticize Starr for being silent about rape and sexual offenses on school grounds and for how the school puts football above crime victims.[62] May 13, 2016: The university states that its board has received the report from Pepper Hamilton regarding rape and sexual assaults at Baylor, but it refuses to divulge the information to the general populace.[63] May 18, 2016: Outside the Lines publishes a report accusing Waco of obfuscating the sexual abuse allegations made against Baylor football players. The report claims one victim reported her assault to both Art Briles and Starr but they took no action.[64] May 26, 2016 summary of the Pepper Hamilton Report is released to the public.[65] On the same day, Baylor announced that it had suspended Briles with intent to terminate him as soon as 2016 2/21/25, 8:09 Baylor University sexual assault scandal - Wikipedia 6/34 it could legally do so. The regents also announce Starr's removal as university president, effective May 31, but he would continue as Chancellor and faculty member.[66] May 30, 2016: Baylor hires Jim Grobe, a former chairman of the Ethics Committee to replace Briles as head coach. May 31, 2016: Two football staff members are fired by the university in relation to the findings of the Pepper Hamilton Report.[67] June 1, 2016: Multiple Baylor 2016 signees request to be released from the team. The releases are subsequently granted.[68] Ken Starr resigns as Chancellor.[69][70] June 3, 2016: During an interview with KWTX-TV, Starr admits it was possible that he laid eyes on a digital communication from a previous attendee with the subject was raped at Baylor.\" Public relations consultant Merrie Spaeth, who had accompanied Starr to the interview, immediately interrupted the interview and repeatedly asked the station not to use the quote.[71] June 6, 2016: Despite pressure from the public and Baylor's alumni base, the university announces it refuses to divulge the complete Pepper Hamilton findings.[72] June 7, 2016: Dolores Lozano, an ex-manager for the school's acrobatics and tumbling team, states Briles and running backs coach, Jeff Lebby, took no action against running back Devin Chafin after she reported being physically assaulted three times by him. Baylor released a response statement but did not claim Briles and Lebby were unaware of what Chafin did.[73][74] June 9, 2016: Baylor chooses to retain its player development staff, except for Briles who had already been fired. Also on June 9, 2016, a university attendee says she was sexually assaulted by someone who was still a player.[75] June 10, 2016: The university and the former head football coach try to settle a lawsuit by a woman who claimed the school did not act on her complaints regarding being raped by Baylor Bears football player.[76] June 13, 2016: University donors begin an effort to have Briles rehired as head coach, believing that he was made a scapegoat to cover for broader university issues.[77] June 15, 2016: Several more women file lawsuits against the school for not acting following their claims of rape or sexual assault.[78] June 16, 2016: Briles accuses the university of scapegoating and wrongfully terminating him.[79] June 17, 2016: Briles reaches a settlement with Baylor regarding the payoff for his legally-binding agreement to work at the school. Also on June 17, 2016, a graduate of the school takes out a full- page newspaper ad criticizing Starr.[80] June 20, 2016 former Baylor student called Jane Doe, brings a federal lawsuit against the university, accusing it of forming a \"hunting ground for sexual predators.\" She claims she was administered a substance and kidnapped from a house not on school grounds. Additionally on June 20, 2016, a lawyer for a former attendee that was sexually assaulted by a member of the university's gridiron team in 2012 claims Briles failed to keep his word to aid and say sorry to the wronged party.[81] June 22, 2016: The Big 12 Conference asks the university to release the papers in regard to the rapes and sexual assault offenses at Baylor.[82] June 28, 2016: Claiming Baylor did not act following their advisements of rapes or sexual assaults, three more women join a federal lawsuit against the university.[83] June 29, 2016: Bob Bowlsby, Big 12 commissioner, tells reporters the university still has not released the requested documents concerning the sexual assault scandal.[84] July 6, 2016: Briles asks a top court official on the national level to remove him from the lawsuit accusing him and top university faculty of not regarding a woman's assertions she was sexually assaulted by Elliot.[85] 2/21/25, 8:09 Baylor University sexual assault scandal - Wikipedia 7/34 July 7, 2016: After Briles is let go, quarterback Jarrett Stidham announces he will transfer from Baylor.[86] July 13, 2016: Briles states he will coach again in 2017. Baylor hires Mack Rhoades to replace Ian McCaw.[87] July 19, 2016: At Big 12 media days, Grobe claims that acting badly is not normal at Baylor and states that Baylor's issues are common to every school. Bowlsby makes inconsistent statements regarding the Big 12's knowledge of the scandal and personal opinions on it.[88] July 20, 2016: Oakman is indicted for sexually assaulting a Baylor graduate student after he \u201cforcibly removed\u201d her clothes, forced her onto a bed, and sexually assaulted her at his Waco residence.[89] July 23, 2016: An additional woman joins the federal lawsuit against the school because it failed to aid her and others following their claims of rape or sexual assaults.[90] July 25, 2016: Brenda Tracy, an advocate for sexual assault victims, is invited by Baylor Football Coach Jim Grobe to speak to the team.[91] July 28, 2016 terminated university employee files a petition seeking more information as to why he was fired following the Pepper Hamilton findings. He states both Briles and McCaw were aware of a claimed offense.[92] August 2, 2016: Baylor changes its media policy to prohibit assistant coaches from speaking to the media.[93] August 6, 2016: Briles and Baylor file legal requests to end the Title complaint created by the school attendee that was sexually assaulted by Elliot.[94] August 9, 2016: Speaking to reporters, Briles claims the fuss shall not prevent him for obtaining employment as a head coach.[95] August 16, 2016: Briles tells reporters, \u201cI've never done anything illegal, immoral or unethical.\u201d [96] August 19, 2016: Starr steps down as a law school professor at Baylor days before classes start for the 2016/17 academic year.[97] September 10, 2016: Briles apologizes for his part in the school's scandal, saying made mistakes did wrong, but I'm not doing this trying to make myself feel better for apologizing understand made some mistakes. There was some bad things that went on under my watch was the captain of this ship. The captain of the ship goes down with it.\" [98] September 16, 2016: Briles and Oakman attend Baylor's game against Rice in Houston. Briles leaves at halftime and Oakman goes into locker room after the game.[99] September 19, 2016: Regarding Oakman stopping by to see players during the Rice game, Grobe tells the news outlets don't know who he is.\" Baylor Quarterback Seth Russell defends Oakman claiming, \"He's a great guy, just in a bad situation. We're not going to hold anything against him.\"[100][101] September 21, 2016: Grobe, claiming his comments about Oakman were taken out of context, states he knew \"of\" the player but did not know what he looked like.[102] September 21, 2016: Briles and McCaw are taken out of a legal complaint by a woman that stated they and Baylor did not pay attention to her assertions that she was sexually assaulted by a previous football person who had thereafter been found guilty.[103] September 24, 2016: Starr claims Baylor does not suffer for an institutional issue and calls for the school to reveal the complete Pepper Hamilton findings. He defends Briles as an \u201chonorable man\u201d and criticizes news outlets for mishandling reporting.[104] September 30, 2016: Brenda Tracy, supporter of those who have suffered rape and sexual assault, writes an article for The Huffington Post, claiming a school football player-development specialist pulled her aside following her meeting with the football players. \"He was obviously very angry and defensive about what was happening was shocked by what he was saying. He knew 2/21/25, 8:09 Baylor University sexual assault scandal - Wikipedia 8/34 that had a voice in the media and he was doing nothing but making Baylor look guilty and he was validating for me that the football culture and that all the claims being made against them and Briles were probably true.\" .[105] She made no mention of this incident immediately after her visit to Baylor on July 25, saying \"Coach @WF_Grobie is a good man with a good heart. Thank you for having me @Baylor University\".[91] October 4, 2016: Patty Crawford, the Title coordinator at Baylor, resigns her job after less than two years. The university releases a statement saying, \"Our understanding is that Patty was disappointed in her role in implementing the recommendations that resulted from the Pepper Hamilton investigation.\" [106] October 5, 2016: Crawford claims that, after she upped the school's claims of rapes and sexual assault by 700% as the Title coordinator, the school's administration sought to quiet her was being retaliated against.\u201d[107] October 11, 2016: Grobe contradicts the school's information about the dismissal of defensive lineman Jeremy Faulk. The university's leaders stated it was Grobe's choice to dismiss the player because he was looked at for a rape or sexual assault offense. However, Grobe reveals it was actually a choice made by school leaders.[108] October 19, 2016: The Texas Tribune reports that the United States Department of Education began a Title investigation regarding the school's response to rape and sexual assaults.[109] October 26, 2016 Waco Tribune report reveals that claims of rape and sexual assault at the school increased about fourfold in 2015.[110] October 28, 2016: Baylor regents tell The Wall Street Journal that the sexual assault brouhaha is larger than had been made known. The news piece reveals that, since 2011, seventeen women had asserted that nineteen members of the Bears team had committed rape or assault, including four gang rapes. Briles allegedly knew of one of these but did not tell the police or Baylor officials.[111] November 4, 2016: Baylor assistant coaches take to Twitter to voice their support for fired Coach Art Briles.[112][113] November 5, 2016: At the home game against TCU, fans purchase pro-Briles T-shirts.[114] After the game, Baylor Associate Athletic Director Heath Nielsen is accused of attacking James McBride of TheBlaze, when he saw McBride take a photo with a player from whom he had permission jury refused to indict the case because \"\"The evidence was not consistent with what the complainant alleged. It did not show an assault as the accuser had claimed.\".[115][116] November 6, 2016: After finding out about the sale of T-shirts supporting Briles, Brenda Tracy, who advocates for victims of sexual assault, calls for Baylor to end its football season.[117] There was soon a backlash from Baylor fans, who sent messages attacking Tracy.[118] The same day, Randy Cross, a College Football Hall of Fame inductee, voices his disgust for the scandal. He said thought (the NCAA) should have stepped in (and punished Baylor for the sexual-assault scandal thought Art Briles should have gotten a show-cause. This whole idea that he can be back in coaching think, is an embarrassment. It\u2019s not only that; it\u2019s a travesty to those 17 women that have accused these kids of doing what they did.\"[119] November 10, 2016: McLane Stadium namesake Drayton McLane states that he wants the honor of Briles \"restored.\" He calls for the school to stop withholding the findings of the Pepper Hamilton Report.[120] November 11, 2016: The university asserts Briles and McCaw knew of the gang rape allegation of a female student-athlete by five members of the football team. Both men failed to take action.[121] Despite the admission by the school, Ken Starr, Baylor's disgraced president, later states he is skeptical that any gang rapes took place.[122] November 12, 2016: Lee Corso and Paul Finebaum call for Baylor to discontinue their football season.[123] 2/21/25, 8:09 Baylor University sexual assault scandal - Wikipedia 9/34 November 22, 2016: It is announced that the university had reached a settlement with two students who had been gang raped by Baylor Bears football players.[124] Also on November 22, Colin Cowherd calls for the program to be shut down. Noting the lack of safety for the media and for women on campus, he said, \"Baylor, right now, has not earned the right to be in a Power Five conference.\"[125] November 25, 2016: Because of the sexual assault scandal, Lubbock's Red Raider Outfitters chooses to not produce and sell commemorative T-shirts for the 2016 Texas Farm Bureau Shootout rivalry game between Baylor and Texas Tech, played at Stadium. In a social media post, the company stated, \"Red Raider Outfitter stands for honesty, integrity, and compassion. In no way, can we support the shockingly poor handling of the sexual assaults at Baylor. Red Raider Outfitter stands with the survivors and with those who are outraged by Baylor\u2019s mismanagement. You, the fans, have spoken and requested that we not allow the Double to be printed alongside any Baylor logo. Red Raider Outfitter proudly stands with our fans.\" The Red Raiders win the game, 54\u201335.[126] November 28, 2016: Former Baylor Athletic Director Ian McCaw is hired to the same position at Liberty University.[127] Additionally on November 28, current Baylor Mack Rhoades announces that, in spite of the scandal and being in the midst of a 5-game losing streak, Baylor would accept a post-season bowl bid to be coached by interim head coach Jim Grobe.[128] November 29, 2016: In explaining why the university would not release the full, written Pepper Hamilton Report, Baylor Regent Dr. Ron Wilson stated, \"Pepper Hamilton is an oral report so the process of writing would take four to six months. Also with the personal nature of the information so much of it would be redacted. Plus, the cost would be a factor.\" [129] December 5, 2016 group called Bears for Leadership Reform pushes for an independent investigation into the university's board of regents. They want the investigation to review conduct beginning even before the Pepper Hamilton Report was issued. Former Texas Governor Mark White said, \"We\u2019ve lost faith in Pepper Hamilton. The secrecy surrounding it does not pass the smell test.\"[130] December 6, 2016: Baylor announces Matt Rhule as its new head football coach. Rhule leaves the same position at Temple.[131] On the same day, the Southern Association of Colleges and Universities Commission places Baylor on accreditation probation due to the sexual assault scandal.[132] December 8, 2016: Former Head Football Coach Art Briles files suit against Baylor for libel, slander, and conspiracy because officials accused him of covering up at least one report of sexual assault.[133] December 12, 2016: Baylor regents vote unanimously to reject a call for a third party to review the university's handling of the sexual assault scandal. The call was made by a group of the school's major donors.[134] December 13, 2016: Tom Hill, a former Baylor assistant athletic director, files suit against Pepper Hamilton, accusing the law firm of negligence and defamation. He asks for $60,000 in damages. He had previously been offered and refused a $34,373 severance package from the school.[135] On the same day, a report released by the group Bears for Leadership Reform stated the university had already lost $76 million due to the sexual assault scandal. It projected the total loss could top US$223 million.[136] December 27, 2016: Bears wide receiver K. D. Cannon dedicates the team's Cactus Bowl win to Art Briles.[137] 2/21/25, 8:09 Baylor University sexual assault scandal - Wikipedia 10/34 January 12, 2017: After rumors circulate that former Baylor head football coach Art Briles might be considered for the open offensive coordinator position at Auburn, a source confirms the university would not hire Briles.[138] January 27, 2017 Baylor University graduate files a lawsuit against the school, claiming she was raped by two football players, Tre'Von Armstead and Shamycheal Chatman, in 2013. The suit alleges 31 Baylor Bears football players committed 52 rapes, including five gang rapes involving 10 or more players at once, between 2011 and 2014.[139][140] The filing further alleges that Baylor coaching staff put into effect a \"Show em a good time\" policy, which allowed things including, but not limited to, current players arranging to have women, alcohol, and illegal drugs at parties attended by recruits, paying for and taking underage recruits into strip clubs and bars, and paying for off-campus parties for players and recruits. It was at these parties where alleged gang rapes occurred repeatedly.[141][142] February 1, 2017: Briles drops his defamation lawsuit against Baylor. Briles's attorney, Ernest Cannon, stated that the university \"overloaded him in an endless supply of money, lawyers, resources, and no restraints on anything they\u2019ll do to achieve their goals.\"[143][142] February 2, 2017: Cary Gray, Ron Murff, and David Harper provide documentation in response to a lawsuit filed by Colin Shillinglaw, a former assistant athletic director. The documentation shows both Briles and Shillinglaw knew about and covered up several infractions committed by Baylor football players, including underage drinking, indecent exposure, and sexual assault.[144][145] February 3, 2017: In a unanimous vote, the board of directors of the Big 12 Conference opts to withhold 25% of future revenue payments (estimated to be $8.5 million for 2017) from Baylor until the school proves it is following conference bylaws and regulations as well as all components of Title IX.[146] February 4, 2017: Brandon Washington, a member of the team's new coaching staff, is arrested during a sting operation for trying to solicit a prostitute.[147] February 7, 2017: Bears defensive back Travon Blanchard is suspended from the team after being named in a protective order due to ongoing verbal and physical abuse of his girlfriend, extending as far back as July 4, 2016. At one point during the ongoing abuse, Blanchard broke the woman's finger, cutting it so badly she could not have it stitched.[148] February 25, 2017: Baylor Lady Bears basketball head coach Kim Mulkey declares, \"If somebody\u2019s around you and they ever say will never send my daughter to Baylor,' you knock them right in the face.\"[149] March 1, 2017: The Texas Department of Public Safety announces the Texas Rangers were looking into the mishandling of sexual assault reports by Baylor.[150] March 7, 2017 federal judge in Austin rejects the university's request to have dismissed a lawsuit filed by 10 women who claim to have been sexually assaulted at the school.[151] March 13, 2017: Baylor confirms DeMarkco Butler, associate director for football operations at the university, was dismissed after less than a month on the job. Butler, 28, was fired for sending inappropriate texts to a teenager considered to be an adult by Texas law.[152] March 22, 2017: Tre'Von Armstead is arrested on three counts of sexual assault for allegedly forcing a woman to perform sex acts in mid-April 2013, while he was a tight end on the Baylor Bears football team.[153] March 23, 2017: The United States Court of Appeals for the Tenth Circuit overturns the conviction of Sam Ukwuachu and grants him a new trial.[46] April 5, 2017 News reports the Baylor scandal led Texas legislators to push for laws with tougher sexual assault reporting requirements for universities in the state. According to the report, the proposed bills \"would require school employees and student leaders to immediately relay 2017 2/21/25, 8:09 Baylor University sexual assault scandal - Wikipedia 11/34 reports of assaults to the school's investigations office or face possible criminal charges or expulsion, bar schools from using student conduct code violations to intimidate victims and witnesses, and make it easier to report assaults anonymously and online.\"[154] April 7, 2017: In allowing a lawsuit against Baylor and Art Briles to move forward, U.S. District Judge Robert Pitman calls \"disturbing\" the claim made by the filer, a former student, that the university insulated football players from sexual assault allegations. Claims of intentional infliction of emotional distress against all defendants were dismissed.[155] April 10, 2017: The Legal Intelligencer reports the lawyers for Colin Shillinglaw filed a notice of nonsuit, saying the case would be taken to arbitration instead.[156] May 16, 2017 former Baylor volleyball player files a Title lawsuit against the university, alleging she was drugged and raped by as many as eight football players in a single incident. The lawsuit further alleges the football team had a system of hazing freshman members by forcing them to bring freshman females to parties where \"'trains' would be run on the girls\", the football team's code for drugging and gang-raping.[157] July 7, 2017: Baylor settles a lawsuit with a former female student over the mishandling of her alleged attack in 2015. This marks the first lawsuit the university settled relating to the sexual abuse scandal.[158] July 18, 2017: Travon Blanchard is arrested on a misdemeanor assault charge stemming from domestic violence allegations which earlier led to his suspension from the team.[159] August 15, 2017: Jasmin Hernandez, the first former student to sue Baylor for ignoring and mishandling rape allegations, settled her case with the school.[160] August 28, 2017: The Hamilton Tiger-Cats, a team in the Canadian Football League, announce they are hiring Art Briles as Assistant Head Coach of Offense, to major blowback on social media and calls for boycotts by fans.[161][162][163] Following the outrage on both sides of the border, the Canadian Football League and the Tiger-Cats released a joint statement announcing that Briles would not be joining the team.[164] On August 29, Tiger-Cats owner Bob Young stated, \"We made a large and serious mistake. We want to apologize to our fans, corporate partners and the Canadian Football League. it has been a difficult season and we are searching for answers. This is clearly not one of them.\"[165] September 5, 2017: Baylor settles the lawsuit brought by \"Elizabeth Doe\", the woman who claimed to have knowledge of at least 52 acts of rape by more than 30 Bears football players over several years.[166] September 22, 2017: The Houston Chronicle reports a court filing revealed Baylor University Interim President David E. Garland stated that some women who said they had been sexually assaulted were willing victims who deserved God's wrath.[167] December 7, 2017: Waco Tribune-Herald reports Baylor University Title Coordinator Kristan Tucker resigned, effective January 2, 2018. Tucker served under former Title Coordinator Patty Crawford and was promoted to the position upon Crawford's resignation.[168] February 16, 2018 Sports reports that two Baylor football players are under investigation for allegedly assaulting a female member of the Baylor equestrian team on November 12, 2017, hours after Baylor's loss to Texas Tech in Arlington.[169] March 14, 2018: Baylor head coach Matt Rhule confirms three players have been suspended from the team due to the November 12 alleged sexual-assault incident. Another player was suspended for unspecified reasons. The players are linebacker Eric Ogor, safety Tre'von Lewis, safety John Arthur, and defensive end Justin Harris.[170] 2018 2/21/25, 8:09 Baylor University sexual assault scandal - Wikipedia 12/34 March 31, 2018: Reuters reports ousted coach Art Briles was paid $15.1 million in severance pay following his dismissal in the wake of the sexual assault scandal. Former university president and chancellor Kenneth Starr received more than $4.5 million in severance pay.[171] April 4, 2018: It's On Us, a Baylor student organization, opens an art exhibit displaying the clothes sexual assault victims were wearing at the time they were attacked.[172] April 6, 2018: Deadspin reports that, in March 2018, Liberty University settled lawsuits filed by three players who were dismissed from the Liberty Flames football team for sexual-assault claims which were never substantiated. The players alleged the university committed defamation and Title violations. The lawsuits stated that Liberty overreacted and dismissed the players to make up for hiring officials sullied by the sexual-assault scandal at Baylor.[173] April 19, 2018: Baylor announces Laura Johnson as its new Title Coordinator. She was scheduled to assume the role on June 11, 2018.[174] June 6, 2018: In a 9\u20130 decision, the Texas Court of Appeals reinstates Samuel Ukwuachu's conviction. The court states that the lower appeals court erred when in its judgement that the trial court abused its discretion when judging the text messages.[48] June 19, 2018: In a sworn depositon, former Baylor Athletic Director Ian McCaw claims the university indulged in \"an elaborate plan that essentially scapegoated black football players and the football program for being responsible for what was a decades-long, university-wide sexual assault scandal\".[175] August 7, 2018: In an effort to continue avoiding sanctions from the the law firm representing Baylor reportedly recommends the school self-impose a 2018 bowl ban. However, Baylor denies the claim.[176][177] August 9, 2018: The Waco Tribune-Herald reports Baylor officials were aware of and discussed issues regarding player Tevin Elliot. They opted to \"put potential disciplinary action on hold months before the then-football player raped another student\".[178] August 22, 2018: PRWeek releases a story stating Baylor used Matt Burchett, director of student activities at the school, as a mole to \"infiltrated sexual assault survivor groups to shape strategy and talking points on how to handle the groups and student demonstrations\".[179] August 23, 2018: Jacob Walter Anderson, a former Phi Delta Theta fraternity president at Baylor, reaches a plea agreement and is expected to plead no contest to charges that he drugged and sexually assaulted a female student at a party in South Waco in March 2016.[180] August 30, 2018: In a response filing in the lawsuit brought by former Baylor student Delores Lozano, Briles accused the school's board of regents for blaming the football team and its coaches when it was the administration and the Baylor Police Department who actually covered up reports of sexual assault.[181] October 1, 2018: The Fort Worth Star-Telegram reports that the has completed its investigation of the sexual assault scandal and released a formal notice of allegations against Baylor. The school is accused of \"lack of institutional control\" and Art Briles is accused of \"failure to promote an atmosphere of compliance.\"[182] October 15, 2018: According to a News report, under a plea agreement, Jacob Walter Anderson pleaded no contest to one count of unlawful restraint. He had been accused of raping a female student during a party.[183] December 10, 2018, Anderson's plea is accepted and he will serve no jail time. Instead, it is agreed that Anderson will seek counseling and pay a $400 fine.[184][185] February 28, 2019: After a two-day trial, Shawn Oakman is found not guilty of sexual assault.[36] 2019 2/21/25, 8:09 Baylor University sexual assault scandal - Wikipedia 13/34 March 7, 2019: U.S. District Judge Robert Pittman issues an order requiring Pepper Hamilton to provide documents to the attorneys representing women who have sued Baylor alleging Title violations. Pepper Hamilton received the documents from Baylor while they worked for the school in regard to multiple sexual assault allegations.[186] March 27, 2019 former member of the Baylor equestrian team files a lawsuit against the university, claiming her sexual assault investigation was handled improperly under federal Title law.[187] July 10, 2019: After finding prosecutors used false testimony and violated his due-process rights, the 10th Circuit Court of Appeals reverses the 2015 sexual assault conviction of Sam Ukwuachu and grants him a new trial.[188] September 18, 2023: Notification of settlement is entered into online court records for a lawsuit first filed by 15 victims in June 2016. Its terms were not divulged. Among the suit's plaintiffs was a woman who claimed she was sexually assaulted by a football player in April 2014. Another plaintiff claimed two players assaulted her in April 2016 player on Baylor's club rugby team stated she was assaulted in the fall of 2012.[41] Penn State child sex abuse scandal Baylor University basketball scandal Gymnastics sex abuse scandal George Tyndall, physician under investigation for serial sexual assault of students at the University of Southern California Vanderbilt rape case 1. Blinder, Alan (August 12, 2021). \"N.C.A.A. Will Not Punish Baylor for Sexual Assault Scandal\" (htt ps:// The New York Times. Archived ( 1/08/11/sports/ncaafootball/ncaa-baylor-sexual-assault.html) from the original on August 12, 2021. Retrieved August 12, 2021. 2. \"Report: Woman says she was raped by current Baylor player\" ( 2016/06/10/Report-Woman-says-she-was-raped-by-current-Baylor-player/3341465532271/). UPI.com. Archived ( s/2016/06/10/Report-Woman-says-she-was-raped-by-current-Baylor-player/3341465532271/) from the original on January 28, 2017. Retrieved November 6, 2016. 3. 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Bennett, Anthony (May 26, 2016). \"Will Baylor Face Charges in the Sexual Assault Scandal?\" ( Heavy. Archived ( rt-briles-fired-ncaa-scandal-sexual-assault-football/) from the original on October 1, 2016. 16. \"Timeline: Baylor sexual assault controversy\" ( meline-baylor-sexual-assault-controversy/article_abf21ab8-2267-51bf-84d8-6268f4222af0.html). Waco Tribune-Herald. Archived ( b.com/news/higher_education/timeline-baylor-sexual-assault-controversy/article_abf21ab8-2267-5 1bf-84d8-6268f4222af0.html) from the original on February 28, 2017. Retrieved June 24, 2016. 17. \"Report: Baylor reaches contract settlement with Art Briles\" ( 16/06/17/baylor-sexual-assault-art-briles-contract-settlement). Sports Illustrated. Archived (https:// web.archive.org/web/20160623073830/ al-assault-art-briles-contract-settlement) from the original on June 23, 2016. Retrieved June 24, 2016 \u2013 via Wire. 18. 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BaylorLariat.com. Archived ( 2019/03/28/baylor-refutes-allegations-in-latest-sexual-assault-lawsuit/) from the original on March 29, 2019. Retrieved March 29, 2019. 188. Witherspoon, Tommy (July 11, 2019). \"Appeals court overturns Ukwuachu sexual assault conviction\" ( ult-conviction/article_929cb680-5176-51e6-b34d-45fb6ec628c9.html). WacoTrib.com. Archived (ht tps://web.archive.org/web/20190903195845/ overturns-ukwuachu-sexual-assault-conviction/article_929cb680-5176-51e6-b34d-45fb6ec628c9. html) from the original on September 3, 2019. Retrieved September 14, 2019. Lavigne, Paula and Schlabach, Mark. Violated: Exposing Rape at Baylor University amid College Football's Sexual Assault Crisis. Nashville: Center Street, 2017. Retrieved from \" Further reading 2/21/25, 8:09 Baylor University sexual assault scandal - Wikipedia 34/34", "7228_102.pdf": "v (2003) Court of Appeals of Texas,Waco. John FOX, Appellant, v. Judy and Baylor University, Appellees. No. 10-99-370-CV. Decided: January 15, 2003 Before Chief Justice DAVIS, Justice VANCE, and Justice CUMMINGS. Lanelle L. McNamara,McNamara & McNamara, Joe Olson, Waco, for Appellant. Les Palmer and Alfred Mackenzie, Haley & Davis, P.C., Larry O. Brady and Stuart Smith, Naman, Howell, Smith & Lee, P.C., Waco, for Appellees This is an employment dispute. John Fox, a professor at Baylor University whose tenure was threatened, first sued one of the witnesses against him for defamation. After his employment was terminated, he also sued Baylor for defamation and added a claim for breach of contract, asserting that Baylor did not properly follow its termination procedures. Several witnesses in Fox's jury trial testified that, while on a university-sponsored summer field trip in 1996 to an anthropological site in Guatemala, he-often while under the influence of alcohol-on numerous occasions initiated inappropriate and uninvited physical contact of a sexual nature with female students and also made crude sexual comments to them. One student on the trip, Shannon Mackay, reported the alleged incidents to the administration of Baylor where Fox, a tenured professor in the anthropology department, had been employed for twenty years. Baylor conducted an investigation and decided that the allegations against Fox were true. Before beginning termination proceedings, however, Baylor offered to continue Fox's employment if he would accept sanctions in the form of a demotion, a written apology, \uf002 / / / / Find a Lawyer Legal Forms & Services \uf107 Learn About the Law \uf107 Legal Professionals \uf107 Blogs 2/21/25, 8:10 v (2003) \| FindLaw 1/20 counseling, and dismissal of a defamation lawsuit he had filed against one of the complaining students. Fox refused. The matter was referred to the Faculty Tenure Committee (\u201cTenure Committee\u201d) which decided that the evidence warranted a termination hearing. Later, after a three-day hearing, the Tenure Committee recommended to Baylor's President that Fox's employment be terminated; the President concurred, and Fox was discharged. Earlier, when Fox learned that Baylor was conducting an investigation, he sued one of the witnesses against him, Judy Parker, for defamation on the basis that her statements to Baylor made during the investigation were untrue. After his termination, Fox joined Baylor as a defendant, alleging breach of his employment contract: he claimed that the investigation and hearing had not been conducted according to procedures contained in Baylor's personnel policies, which were part of his employment contract. He also alleged that Baylor had defamed him by its actions which led to information about the termination proceedings being disclosed to the public. In addition, he added an allegation that Parker defamed him by making false statements during the termination hearing. After a four-week trial, a jury returned its verdict, finding: \u2022 Baylor failed to comply with its contract with Fox. \u2022 Fox did not \u201cwaive\u201d Baylor's obligations under the contract. \u2022 Fox's damages were $153,788 for lost wages and employment benefits in the past and in the future. \u2022 Baylor did not make defamatory statements about Fox. \u2022 Parker did not make defamatory statements about Fox. The court rendered judgment for Fox and against Baylor for contract damages in the amount of $153,788 plus $32,295.48 in pre-judgment interest. Fox appeals on twenty-one issues, complaining inter alia that the amount of damages the jury awarded was inadequate. In three cross-issues, Baylor asserts the evidence is legally insufficient to support the jury's finding that Baylor did not comply with the terms of the employment contract. Based on our analysis of Baylor's cross-issues, we will reverse the judgment and render a take-nothing judgment against Fox. Because of that, we do not reach many of his issues Fox alleged that Baylor breached the employment contract by failing to comply with procedures-all part of his employment contract-in three areas. He says: (1) procedures setting forth the mechanism for termination of a tenured professor were either not followed or inadequately followed; (2) procedures setting forth the method of investigating allegations of sexual harassment were not followed; and (3) procedures on employee confidentiality were not followed. The court submitted a single jury question 2/21/25, 8:10 v (2003) \| FindLaw 2/20 without any instructions: \u201cDid Baylor University fail to comply with its employment contract prior to terminating John Fox's employment with Baylor?\u201d Baylor's complaint rests on this reasoning: \u2022 Fox's employment contract is unambiguous as to procedures which apply to terminations. \u2022 Many of the procedures relied on by Fox are not ones to which Baylor was bound. \u2022 The evidence shows that the procedures which do apply were thoroughly followed. \u2022 Therefore, there is no evidence to support the jury's finding that Baylor did not comply with the employment contract. A. Standards of Review Legal sufficiency of the evidence When the party complaining of legal insufficiency did not have the burden of proof at trial, we conduct our review by considering only that evidence and the inferences therefrom which support the finding, considered in the light most favorable to the finding, and disregarding contrary evidence and inferences. Burroughs Wellcome Co. v. Crye, 907 S.W.2d 497, 499 (Tex.1995); Holt Atherton Industries, Inc. v. Heine, 835 S.W.2d 80, 84 (Tex.1992). We can find the evidence legally insufficient if: (1) there is a complete absence of evidence for the finding, (2) there is evidence to support the finding, but rules of law or evidence bar the court from giving any weight to the evidence, (3) there is no more than a mere scintilla of evidence to support the finding, or (4) the evidence conclusively establishes the opposite of the finding. Merrell Dow Pharms., Inc. v. Havner, 953 S.W.2d 706, 711 (Tex.1997) (citing Robert W. Calvert, \u201cNo Evidence\u201d and \u201cInsufficient Evidence\u201d Points of Error, 38 Tex. L.Rev. 361, 362-63 (1960)); Juliette Fowler Homes, Inc. v. Welch Assoc., Inc., 793 S.W.2d 660, 666 n. 9 (Tex.1990). \u201cMore than a scintilla of evidence exists where the evidence supporting the finding, as a whole, \u2018rises to a level that would enable reasonable and fair-minded people to differ in their conclusions.\u2019 \u201d Burroughs Wellcome, 907 S.W.2d at 499 (quoting Transportation Ins. Co. v. Moriel, 879 S.W.2d 10, 25 (Tex.1994)). If the evidence is so weak as to do no more than create a mere surmise or suspicion of the finding's existence, the effect is that there is legally-insufficient evidence. Haynes & Boone v. Bowser Bouldin, Ltd., 896 S.W.2d 179, 182 (Tex.1995). Construing a contract Whether a contract is ambiguous is a question of law for the court. Heritage Resources, Inc. v. NationsBank, 939 S.W.2d 118, 121 (Tex.1996). If a contract is not ambiguous, the rights and obligations under the agreement are also determined as a matter of law Investors, Inc. v. McLaughlin, 943 S.W.2d 426, 430 (Tex.1997). Therefore, we review these issues de novo. 2/21/25, 8:10 v (2003) \| FindLaw 3/20 An unambiguous contract is construed according to the plain meaning of its express wording. Lyons v. Montgomery, 701 S.W.2d 641, 643 (Tex.1985); Kahn v. Seely, 980 S.W.2d 794, 797 (Tex.App.-San Antonio 1998, pet. denied). But the court must \u201clook[ ] at the contract as a whole in light of the circumstances present when the contract was entered.\u201d Nat. Union Fire Ins. v Industries, 907 S.W.2d 517, 520 (Tex.1995). Each part of the contract is considered against all other parts to determine its meaning, and there is a presumption that the parties intended every part to have some effect. Heritage Resources, 939 S.W.2d at 121. Terms used in the contract have their \u201cplain, ordinary, and generally accepted meaning unless the [contract] shows that the parties used them in a technical or different sense.\u201d Id. Unambiguous contracts are enforced as written. Id.1 But if the express wording is subject to two or more reasonable interpretations, the contract is ambiguous Industries, 907 S.W.2d at 520; Coker v. Coker, 650 S.W.2d 391, 393 (Tex.1983). \u201cPatent\u201d ambiguities are those which are apparent from the face of the contract Industries, 907 S.W.2d at 520. \u201cLatent\u201d ambiguities arise when an apparently unambiguous contract is applied to its subject matter and an ambiguity appears. Id. If the court finds that a contract is ambiguous, either patently or latently, the goal then is to determine the true intentions of the parties, for that will resolve the ambiguity. Id.; Coker, 650 S.W.2d at 393; Kahn, 980 S.W.2d at 797. This determination involves fact issues. Columbia Gas Trans. Corp. v. New Ulm Gas, 940 S.W.2d 587, 589 (Tex.1996) (citing Universal C.I.T. Credit Corp. v. Daniel, 150 Tex. 513, 243 S.W.2d 154, 157 (1951)). Parol evidence may be introduced to discern the parties' intent Industries, 907 S.W.2d at 520. In a jury trial, the resolution of the parties' intent is assigned to the jury. See Sage Street Associates v. Northdale Const. Co., 863 S.W.2d 438, 445 (Tex.1993); John Wood Group USA, Inc. v. ICO, Inc., 26 S.W.3d 12, 16 (Tex.App.-Houston [1st Dist.] 2000, pet. denied). B. Termination Procedures Most of the evidence at trial pertained to termination procedures. The parties vigorously contested which ones applied and whether those were followed. Procedures asserted by Fox Fox was granted tenure in 1983. At that time, and thereafter, there were written procedures for terminating a tenured professor. The parties agree that these were incorporated into Fox's employment contract. One of these is policy 704, which in 1983 stated that a tenured faculty member cannot be terminated \u201cunless adequate cause for dismissal is demonstrated in a fair hearing, following established procedures of due process.\u201d Another policy applicable is 705 which sets out in considerable detail the procedures that must be followed before a tenured professor can be terminated. They include written \u201ccharge\u201d containing allegations supporting dismissal is prepared by a designated administrator. 2/21/25, 8:10 v (2003) \| FindLaw 4/20 \u2022 The charge is filed with the Tenure Committee which sends a copy of it to the professor and requests an answer. \u2022 The Tenure Committee reviews the charge and answer and decides whether there is \u201cprobable cause\u201d to proceed to a dismissal hearing. \u2022 The professor can challenge for cause the composition of the Tenure Committee, from which members of the professor's department are automatically excluded. \u2022 At the hearing, \u201csubstantial evidence\u201d to support termination must be submitted, and the professor may then challenge the evidence and present contradictory evidence. Witnesses are usually presented in person unless not reasonably available, in which event sworn statements may be submitted. Witnesses can be cross-examined. \u2022 After the hearing, the Tenure Committee makes written findings and a recommendation, which are sent to the President of Baylor for a final decision. Absent serious procedural errors, the President accepts the Committee's findings. But the President has discretion about whether to follow a recommendation to terminate the professor. \u2022 The Board of Regents of Baylor may review the President's decision. With one exception (see \u201c5\u201d below), Fox admits that policies 704 and 705 \u201cremained essentially unchanged from the time that Fox's tenure rights vested in 1984[sic] until June 1997, when \u2024 [the President] \u2024 unilaterally amended [705]\u201d and issued additional guidelines for termination hearings. (Response Brief of Appellant/Cross Appellee p. 6). At trial, Fox alleged (1) inadequate application of procedures in policy 705, and (2) generally, a violation of policy 704's right to a \u201cfair hearing, following established procedures of due process.\u201d 2 Specifically, Fox alleged: 1. Baylor failed to inform Fox early on that it was conducting an investigation. 2. Baylor failed to install an elected faculty committee to handle the matter instead of the Tenure Committee. 3. The charge filed with the Tenure Committee failed to explicitly state the grounds for dismissal in a way that referenced policy 705. 4. Baylor failed to obtain exculpatory evidence unavailable to Fox. 5. Baylor's President forced on Fox's Tenure Committee new guidelines for conducting the hearing which were prejudicial to Fox.3 2/21/25, 8:10 v (2003) \| FindLaw 5/20 6. The findings and recommendation from the Tenure Committee were prepared by Baylor's attorney, which prevented the Tenure Committee from \u201cpresenting a reasoned report.\u201d 7. Baylor provided material benefits-legal counsel-to student witnesses it called at the hearing. 8. In its decision to proceed to a hearing, Baylor required the Tenure Committee to accept as true the hearsay allegations of a single witness. 9. One of Baylor's attorneys presided at the hearing, skewing the evidentiary rulings in Baylor's favor. 10. The President never reviewed a transcript of the hearing. 11. Baylor did not provide the Board of Regents with a transcript of the hearing. In addition to violations of policies 704 and 705, Fox alleged that Baylor had violated forty-year-old termination procedures of the American Association of University Professors (\u201cAAUP\u201d). Specifically, Fox alleged that violations 1, 2, 3, and 6 above were also violations of the procedures. Fox argued that, in 1940, the and the Association of American Colleges adopted a \u201cStatement of Principles on Academic Freedom and Tenure\u201d (the 1940 statement). In 1958, the organizations adopted a \u201cStatement of Procedural Standards in Faculty Dismissal Proceedings\u201d (the 1958 statement). Fox asserts that because Baylor's policy 701-a policy pertaining to \u201cAcademic Freedom\u201d-quotes from part of the 1940 statement dealing with academic freedom, Baylor thereby adopted the 1958 statement and its procedures. In summary, we must decide: (1) Was the contract ambiguous?; (2) If not, what procedures was Baylor contractually obligated to follow?; and (3) Was the evidence legally sufficient to prove that Baylor failed to comply with any of those procedures? Applicable procedures The court refused Baylor's request to find that the contract is unambiguous as a matter of law and to instruct the jury that policy 705 was the controlling agreement regarding termination procedures. Baylor argues that if the contract is unambiguous and only the procedures in 705 are applied, then all of Fox's evidence about how the contract should be interpreted and about other procedures is not probative. It further points to Fox's expert's testimony that Baylor complied with the procedures in 705 and to other evidence about what procedures were followed, and to what extent. On that basis, Baylor says we should find that the evidence is legally insufficient to support the jury's finding of non- compliance with the contract. It is undisputed that Fox's employment was extended annually. In April 1996, Baylor's President sent Fox a letter for the upcoming 1996-97 school year. The letter did not refer to the summer term. It stated, in part, \u201cIf you accept this letter of appointment, your complete contract with Baylor consists of 2/21/25, 8:10 v (2003) \| FindLaw 6/20 this letter of appointment and the applicable provisions of the Baylor University Personnel Policy Manual, which Baylor may change from time to time.\u201d Fox signed the signatory line at the bottom of the letter which referred to the following statement accept this appointment, am ready, willing and able to perform my duties, and agree to abide by the terms of this letter of appointment.\u201d Similar letters had been sent each year extending Fox's contract. Accordingly, we find no ambiguity in the April 1996 letter that the applicable procedures are to be found in Baylor's Personnel Policy Manual. Heritage Resources, 939 S.W.2d at 121; Lyons, 701 S.W.2d at 643. As for Fox's argument about the 1958 statement, we find no support, either in the express language of policy 701, in the evidence, under any applicable legal principle, or logically, that by quoting in 701 from the 1940 statement on academic freedom, Baylor intended to incorporate the 1958 statement or its procedures for termination into Baylor's policies. In addition, Fox's own expert testified that Baylor had not adopted the 1958 procedures for termination. Furthermore, Fox's arguments that, based on \u201ccustom in the industry\u201d and \u201ctrade-usage,\u201d the 1958 statement must have been incorporated are unavailing, because those aids to contract construction are not used unless a contract is ambiguous. Transcontinental Gas Pipeline v. Texaco, 35 S.W.3d 658, 670 (Tex.App.-Houston [1st Dist.] 2000, no pet.); Printing Ctr. of Texas, Inc. v. Supermind Pub. Co., Inc., 669 S.W.2d 779, 784 (Tex.App.-Houston [14th Dist.] 1984, no writ). Thus, construing the contract as a matter of law, we find that the 1958 statement and its procedures were not a part of Fox's contract. Heritage Resources, 939 S.W.2d at 121; Lyons, 701 S.W.2d at 643. Therefore, those procedures for termination provide no basis to support the jury's finding that Baylor failed to comply with the employment contract. Merrell Dow Pharms., 953 S.W.2d at 711. The Pennsylvania Supreme Court has similarly construed the application of the 1958 statement. For example, in Murphy v. Duquesne University, the Court rejected a contention almost identical to Fox's. Murphy v. Duquesne University, 565 Pa. 571, 777 A.2d 418 (2001 tenured professor was accused by a student of sexual harassment, and the university conducted an investigation. Id. 565 Pa. at 578, 777 A.2d at 422. The professor argued that the 1958 statement was not followed. Id. 565 Pa. at 599, 777 A.2d at 434. The Court said that, in the documents comprising the employment contract, the university never \u201cexplicitly mentioned or referred to or incorporated by reference the 1958 Statement,\u201d and therefore it was not part of the employment contract. Id. 565 Pa. at 600, 777 A.2d at 435. Finally, we address Fox's argument that additional procedures apply which derive from policy 704. Policy 704 requires that tenured faculty cannot be terminated \u201cunless adequate cause for dismissal is demonstrated in a fair hearing, following established procedures of due process.\u201d Fox argues that the terms \u201cfair hearing\u201d and \u201cdue process\u201d somehow enlarge on the procedures in policy 705. Through this enlargement process, Fox asserts, Baylor was obligated to follow a host of unwritten procedures, i.e., the eleven items listed in \u201cTermination Procedures Asserted\u201d above. But we find that policy 704 is a general provision whose intent is put into action by the specific procedures in policy 705; and in contract 2/21/25, 8:10 v (2003) \| FindLaw 7/20 construction, specific provisions control over general provisions. Forbau v. Aetna Life Ins. Co., 876 S.W.2d 132, 133-34 (Tex.1994); Silver Spur v. Clarksville Seniors, 848 S.W.2d 772, 775 (Tex.App.- Texarkana 1993, writ denied); Mid Plains Reeves v. Farmland Industries, 768 S.W.2d 318, 321 (Tex.App.- El Paso 1989, writ denied). Therefore, policy 704 does not enlarge Baylor's obligations beyond the express procedures in policy 705. Thus, unenunciated procedures allegedly arising from policy 704 are not part of the contract, and they provide no basis to support the jury's finding that Baylor failed to comply with the employment contract. Merrell Dow Pharms., 953 S.W.2d at 711. Therefore, we turn to a discussion of the evidence pertaining to the express procedures in policy 705. Policy 705 The evidence conclusively shows that Baylor carefully followed the procedural steps in policy 705. After an investigation, an appropriate university official filed a charge with the Tenure Committee. Fox was duly notified, and he filed an answer, which the Tenure Committee reviewed, then found \u201cprobable cause\u201d to proceed hearing was held in late August 1997 before a properly comprised panel. Fox was represented by counsel at the hearing, which lasted three days. Fox's counsel made opening and closing statements, objected to evidence, cross-examined the witnesses, and presented evidence. The Committee made thirty-three findings of incidents which supported a \u201cfor cause\u201d termination in satisfaction of policy 705. The President of Baylor accepted the Tenure Committee's recommendation and sent a letter of termination to Fox, who did not at that time raise objections to the procedures that had been used. At trial, Fox's expert witness on tenured-faculty terminations testified that Baylor had followed the procedures in policy 705. We have searched the record diligently for evidence or inferences that Baylor did not scrupulously follow the procedures the parties contracted for in policy 705, and we find a complete absence of such evidence. Therefore, the evidence is legally insufficient to support the jury's finding that Baylor failed to comply with Fox's employment contract. Merrell Dow Pharms., 953 S.W.2d at 711. The 1983 tenure letter Fox makes one additional argument in his response brief which we must address. He complains that Baylor's President had no right to institute guidelines for termination hearings shortly before Fox's hearing. However, Fox's April 1996 annual letter of employment, which he signed and agreed to in April 1996, specifically says that his \u201ccomplete contract with Baylor consists of this letter of appointment and the applicable provisions of the Baylor University Personnel Policy Manual, which Baylor may change from time to time.\u201d (Emphasis added). There is no ambiguity that the letter allowed for the amendment of policy 705, which thereby allowed the President to institute guidelines. Heritage Resources, 939 S.W.2d at 121. 2/21/25, 8:10 v (2003) \| FindLaw 8/20 Fox, however, argues that this letter does not cover the summer of 1996.4 (There are no separate letters for summer employment in the record.) He says in his response brief that his contract for the summer of 1996 was governed by a letter in 1983 which granted him tenure, not by the April 1996 letter, and under the 1983 letter, the President was not authorized to institute procedural guidelines. Therefore, when new guidelines were instituted before his termination hearing in the summer of 1997, his rights that were established in 1983 were violated. Fox's argument is unavailing. He did not plead the 1983 letter as his contract, and he testified several times that the 1996 letter, which he introduced as an exhibit early in the trial, was his contract. Also, each yearly letter reciting that Fox's employment was extended contains his salary for that year, and we assume he would not contend that the salary in the 1983 letter was the one Baylor was obligated to pay in 1996-97. The logical conclusion is that each letter modified the previous one. E.g., Cadle Co. v. Henderson, 982 S.W.2d 543, 546 (Tex.App.-San Antonio 1998, no pet.) (parties to a contract may modify it); Mid Plains Reeves, 768 S.W.2d at 321; Mandril v. Kasishke, 620 S.W.2d 238, 244 (Tex.Civ.App.- Amarillo 1981, writ ref'd n.r.e.). In fact, the 1983 letter implies future modifications because it says: \u201cSummer session salaries are based on the salaries for the preceding regular academic year.\u201d The use of the plural \u201csalaries\u201d implies that Fox's salary in the summer of 1996 was based on his salary for the 1995-1996 school year as set forth in his employment letter for that year, not as set forth in the 1983 letter. Furthermore, the 1983 letter, construed according to the plain meaning of its express wording, granted Fox tenure and states that Baylor will follow its procedures when dealing with him. Lyons, 701 S.W.2d at 643. It does not guarantee that those procedures will never change. Finally, a letter extending employment was sent each year, and for some time those letters contained the provision allowing Baylor to amend the policy manual. Fox signed each letter agreeing to its terms. By signing each extension letter, Fox agreed to whatever modification of his contract (and Baylor's procedures) the letter might put into effect.5 For these reasons, Fox's reliance on the 1983 letter fails, and we reject the argument as being without evidentiary support. C. Sexual Harassment Investigation Procedures The second area in which Fox asserted procedural violations was an alleged obligation by Baylor to have the complaining students use the school's Sexual Harassment Mediation Board or Civil Rights Policy, which were alternative avenues for making a sexual harassment claim.6 The Board and its related procedures were instituted but not officially replaced by the Civil Rights Policy in 1995 or 1996, and the replacement was made official on June 24, 1997, the day after Fox sued Baylor. Fox says he was entitled to have Baylor use the alternative avenues to investigate and process the complaints against him. We note that the alternative avenues do not preclude the termination process from being implemented simultaneously. But more importantly, as Baylor points out, the purpose of these 2/21/25, 8:10 v (2003) \| FindLaw 9/20 alternatives is to benefit students (and employees) who may have been victims of sexual harassment; they are not for the benefit of an accused. Furthermore, the evidence shows that Baylor did apprise the students that they could pursue their complaints individually, but the students declined to do so. Thus, we find the evidence conclusively establishes that Baylor did not violate sexual harassment procedures, because (a) he had no entitlement and (b) Baylor adequately implemented the procedures. Therefore, we find no evidence on this basis for the jury's finding of non-compliance. Merrell Dow Pharms., 953 S.W.2d at 711. D. Confidentiality Procedures Finally, the third area in which Fox asserted procedural violations concerns Fox's assertion that Baylor breached an obligation to not disclose information in Fox's personnel file.7 He argues that when Baylor informed the student witnesses of the pending investigation and termination proceeding against Fox, it violated that obligation. News of the matter also was reported in the student and city newspapers. Again, as Baylor points out, (1) the fact of the existence of the investigation and proceeding was not strictly or solely in the personnel file, (2) Baylor had no other way of gaining the participation of the witnesses except through revealing to them what was occurring, and (3) the confidentiality policy explicitly provides that Baylor may disclose information in a personnel file to protect its interests in an employment dispute. Furthermore, as Fox admits in his brief, \u201c[t]here was little to no evidence of this breach presented at trial\u2024\u201d (Response Brief of Appellant/Cross Appellee p. 56). We conclude that there is no evidence to support this allegation, and therefore the evidence is legally insufficient on this basis to support the jury's finding of non-compliance. Merrell Dow Pharms., 953 S.W.2d at 711. E. Summary Many of the procedures Fox claims Baylor was obligated to follow were not, as a matter of law, part of the contract with Baylor. Of the procedures which Baylor agreed to, either there is no evidence that Baylor did not follow them, or the evidence conclusively established that Baylor followed them. We find the evidence legally insufficient to support the jury's finding that Baylor did not comply with the employment contract. Thus, unless one or more of Fox's issues require reversal, we will render judgment for Baylor Fox's first issue is that the court erred in admitting evidence about settlement offers from Baylor to Fox which he rejected, which evidence supported Baylor's argument that he failed to mitigate damages. However, because we have determined that Fox will take nothing on his breach-of-contract claim against Baylor, this issue regarding damages is moot and we do not reach it. For the same reason we do not reach his second through fifth issues complaining that the court erred in not granting his motions for judgment notwithstanding the verdict regarding the amount of damages, and that the amount of 2/21/25, 8:10 v (2003) \| FindLaw 10/20 damages the jury awarded was against the great weight and preponderance of the evidence. We turn now to those issues which might require a new trial or another remedy. A. Issues on the Parker Defamation Claim In a single question, the charge combined inquiries about defamatory statements and proximate cause: \u201cDid Judy Parker make defamatory statements about John Fox that proximately caused injury to John Fox?\u201d Fox objected at trial to the inclusion of the \u201cproximate cause\u201d inquiry. In issues six and seven Fox argues that (a) the court erred in not ruling that Parker's oral and written statements to Baylor were defamatory per se, thus making the \u201cproximate cause\u201d inquiry unnecessary, and (b) the jury's finding on the Parker defamation issue is against the great weight and preponderance of the evidence. Defamation per se In a defamation case, assuming there is no dispute that certain statements were made, the court should determine whether, as a matter of law, the complained-of statements are defamatory. Carr v. Brasher, 776 S.W.2d 567, 570 (Tex.1989); Kelly v. Diocese of Corpus Christi, 832 S.W.2d 88, 91 (Tex.App.- Corpus Christi 1992, writ dism'd w.o.j.). If the court finds the defamatory nature of the words ambiguous, the jury should decide the issue. Id. But statements which accuse of sexual harassment, as here, are defamatory per se, i.e., their defamatory nature need not be demonstrated. E.g., Gray v Food Store # 4, 941 S.W.2d 327, 329 (Tex.App.-Corpus Christi 1997, writ denied). In a defamation per se, the law presumes that a person's reputation has been injured thereby. Leyendecker & Associates, Inc. v. Wechter, 683 S.W.2d 369, 374 (Tex.1984). And he may recover \u201cgeneral\u201d damages, such as for mental anguish, without proof of injury. Id. Thus under normal circumstances in a case of defamation per se, there need be no inquiry in the charge about whether there was a defamation or about \u201cproximate cause\u201d and injury (or the jury may be instructed to so find). Fox, however, did not object to the inclusion of a question about whether a defamation occurred; his objection was limited to the inclusion of an inquiry about \u201cproximate cause.\u201d The resolution of this issue turns on the wording of the defamation damages question to which Fox did not object. The question asked: \u201cWhat sum of money \u2024 would fairly and reasonably compensate John Fox for his damages, if any, proximately caused by such defamation? Consider the following elements of damages \u2024 Compensatory damages for pecuniary losses, excluding wages and employment benefits, including damage to reputation, emotional pain, suffering, mental anguish, loss of enjoyment of life in the past and/or in the future.\u201d The problem for Fox lies in the fact that the question includes \u201cspecial\u201d damages. \u201cActual\u201d damages are divided into \u201cgeneral\u201d (\u201cdirect\u201d) and \u201cspecial\u201d (\u201cconsequential\u201d) damages. Arthur Andersen & Co. v. Perry Equip. Corp., 945 S.W.2d 812, 816 (Tex.1997); Henry S. Miller Co. v. Bynum, 836 S.W.2d 160, 163 (Tex.1992) (Phillips, C. J., concurring); O'Connor's Texas Causes of Action (2001-02), p. 2/21/25, 8:10 v (2003) \| FindLaw 11/20 755-56. \u201cGeneral\u201d damages are those conclusively presumed as a matter of law to have been foreseen by the defendant as a necessary and usual result of the defendant's wrongful act. Arthur Andersen, 945 S.W.2d at 816. They do not have to be pled. Green v. Allied Interests, Inc., 963 S.W.2d 205, 208 (Tex.App.-Austin 1998, pet. denied). All other damages are \u201cspecial\u201d damages which must be foreseeable to the defendant but are not the necessary and usual result of the wrong. Arthur Andersen, 945 S.W.2d at 816. They must be specially pled. Tex.R. Civ. P. 56; Harkins v. Crews, 907 S.W.2d 51, 61 (Tex.App.-San Antonio 1995, writ denied). Thus the question combined \u201cgeneral\u201d and \u201cspecial\u201d damages. Cagle, Cherry & Kemp, The Classification of General & Special Damages for Pleading Purposes in Texas, 51 Baylor L.Rev. 629 (1999) (e.g., future damages are \u201cspecial\u201d damages). Fox cannot have the benefit of \u201cspecial\u201d damages while at the same time rejecting a \u201cproximate cause\u201d inquiry which is required for \u201cspecial\u201d damages. Under these circumstances, the court was correct to include \u201cproximate cause\u201d in the defamation question. Alternatively, Fox did not object to the damages question which asked, conditioned on an affirmative finding on the defamation question: \u201cWhat sum of money \u2024 would fairly and reasonably compensate John Fox for his damages, if any, proximately caused by such defamation?\u201d Thus the jury was asked to make a finding about \u201cproximate cause\u201d apart from the part of the defamation question which inquired about it. By failing to object, Fox's objection about \u201cproximate cause\u201d in the defamation question becomes moot. Cf. Tex.R.App. P. 33.1(a). We overrule this issue. Sufficiency of the evidence Fox argues that the negative finding on the Parker defamation question was against the great weight and preponderance of the evidence. This is a factual-sufficiency complaint. When a party who had the burden of proof complains of the factual insufficiency of an adverse finding, it must demonstrate that the adverse finding is contrary to the great weight and preponderance of the evidence. Dow Chemical Co. v. Francis, 46 S.W.3d 237, 242 (Tex.2001); Cropper v. Caterpillar Tractor Co., 754 S.W.2d 646, 651-53 (Tex.1988). In the defamation question, the term \u201cdefamatory statement\u201d was defined as a \u201cstatement that tends to injure a person's reputation and, as a result, exposes a person to public hatred, contempt or ridicule, or financial injury.\u201d But because of the form of the question, we cannot determine whether the jury found that Parker did not make any defamatory statements-which would appear to be unsupportable under the definition of \u201cdefamatory statement\u201d and the evidence-versus that it found she did make defamatory statements but they did not proximately cause injury to Fox. This is always a potential problem under the broad-form submission rules under which trial courts must operate. Tex.R. Civ. P. 277. But even if we assume that Parker made \u201cdefamatory statements\u201d as defined in the charge, Fox has not 2/21/25, 8:10 v (2003) \| FindLaw 12/20 \u201cdemonstrate[d] that the adverse finding [about proximate cause] is contrary to the great weight and preponderance of the evidence.\u201d Dow Chemical Co., 46 S.W.3d at 242. The primary complaint Fox made at trial was about the alleged breach of contract. Indeed most of his evidence on damages concerned his lost wages and earning capacity related to the contract claim, which were specifically excluded in the damages question on the defamation claim, which said \u201cexcluding wages and employment benefits\u201d while including \u201c[c]ompensatory damages for pecuniary losses \u2024 including damage to reputation, emotional pain, suffering, mental anguish, loss of enjoyment of life in the past and/or in the future.\u201d Because Fox's emphasis was on the breach-of-contract claim, the jury could reasonably have found that most of his injuries derived from that claim. In addition, other students made statements to Baylor about Fox's behavior equally as damaging as Parker's, although less in scope. The jury need not have attributed any injuries from defamatory comments solely to Parker. In summary, Fox has not demonstrated evidence of such magnitude to fulfill his burden to show that Parker's statements must have caused him injury. We overrule this issue. B. Discovery Issues In issue eight, Fox argues that the court erred in denying his request to take a second deposition of Parker concerning the diary of Shannon Mackay, which Fox alleges Parker failed to timely produce. This failure also necessitated a costly second deposition of Mackay, and Fox asserts in issue nine that the court should have imposed monetary sanctions against Baylor and Parker for failing to produce the Mackay diary. Fox presents the complaint about the requested deposition \u201c[i]n anticipation of a new trial.\u201d (Brief of Appellant p. 42). Because we will reverse and render in favor of Baylor, we do not reach this issue. Regarding the sanctions issue, a trial court has inherent power, subject to an abuse of discretion standard, to impose sanctions not covered by rule or statute to discipline an attorney's behavior. E.g., In re Bennett, 960 S.W.2d 35, 40 (Tex.1997). There was discrepant evidence about whether Baylor had the diary; therefore the court did not abuse its discretion in refusing to sanction Baylor. As for Parker, the evidence shows that the primary obstacle which caused Fox so much delay and expense were the actions taken by Mackay's lawyer in California (where the deposition was to occur) in seeking to quash the deposition. We do not attribute that to Parker. Again, we do not find that the court abused its discretion. Accordingly, we overrule this issue. C. Remaining Issues Issue 10 pertains to requested jury charge instructions which were denied. Issues 11 through 19 pertain to pre-trial rulings; these issues are presented \u201cconditionally\u201d in the event we grant a new trial on Fox's breach of contract action. Issues 20 and 21 pertain to Baylor's motion for summary judgment, 2/21/25, 8:10 v (2003) \| FindLaw 13/20 granted by the court, concerning a claim by Fox of retaliation against him for expressing opposition to what he considered discriminatory practices against employees on the basis of religious belief. Issues 10, 20, and 21 are not briefed at all, and the remaining issues are not adequately briefed. Our rules require that \u201c[t]he brief must contain a clear and concise argument for the contentions made, with appropriate citations to authority and to the record.\u201d Tex.R.App. P. 38.1(h), 38.2(a)(1). This is especially important in a case such as this with a reporter's record consisting of many thousands of pages covering a four-week trial. By his failure, Fox has waived review of these issues. E.g., Franklin v. Enserch, Inc., 961 S.W.2d 704, 711 (Tex.App.-Amarillo 1998, no pet.); Sisters of Charity of the Incarnate Word v. Gobert, 992 S.W.2d 25, 31 (Tex.App.-Houston [1st Dist.] 1997, no pet.); Leyva v. Leyva, 960 S.W.2d 732, 734 (Tex.App.-El Paso 1997, no writ Having found the evidence legally insufficient to support the jury's finding that Baylor did not comply with the employment contract, and finding Fox's issues without merit, we reverse that part of the judgment against Baylor and render a take-nothing judgment against Fox, and we affirm the remainder of the judgment 1 trial court errs by submitting a question of the parties' intent to the jury when the contract, as a matter of law, is not ambiguous. John Wood Group USA, Inc. v. ICO, Inc., 26 S.W.3d 12, 16 (Tex.App.- Houston [1st Dist.] 2000, pet. denied). 2. Policy 704 was amended in November 1997, after Fox's termination, to delete \u201cin a fair hearing.\u201d 3. This was authorized by an amendment to policy 705 in June 1997, shortly before Fox's hearing, stating that the \u201cPresident may issue additional procedural guidelines not inconsistent with this policy.\u201d 4. The April 1996 letter covered the next school year beginning in September 1996. The 1995 letter which covered the 1995-1996 school year was not introduced at trial. The parties do not contest which letter covered the summer of 1996, so we do not address that matter. 5. We also note that the hearing was held in the summer of 1997 following the time period covered by the 1996 letter. Therefore, the 1996 letter was the nearest in time to the hearing. 6. Fox devotes one paragraph to this argument in his response brief. 7. Fox devotes one sentence to this argument in his response brief VANCE, Justice. 2/21/25, 8:10 v (2003) \| FindLaw 14/20 CUMMINGS, J., sitting by assignment. Was this helpful? Yes No Welcome to FindLaw's Cases & Codes free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law. Go to Learn About the Law v (2003) Docket No: No. 10-99-370-CV. Decided: January 15, 2003 2/21/25, 8:10 v (2003) \| FindLaw 15/20 Court: Court of Appeals of Texas,Waco. Need to find an attorney? Search our directory by legal issue Enter information in one or both fields (Required) Find a lawyer \uf105 \uf105Practice Management \uf105Legal Technology \uf105Law Students Legal issue need help near (city code or country) Bahawalpur, Punjab \uf057 For Legal Professionals 2/21/25, 8:10 v (2003) \| FindLaw 16/20 Get a profile on the #1 online legal directory Harness the power of our directory with your own profile. Select the button below to sign up. Sign up \uf105 Enter your email address to subscribe * Indicates required field Get email updates from FindLaw Legal Professionals Email * 2/21/25, 8:10 v (2003) \| FindLaw 17/20 Learn more about FindLaw\u2019s newsletters, including our terms of use and privacy policy. Learn About the Law Get help with your legal needs FindLaw\u2019s Learn About the Law features thousands of informational articles to help you understand your options. And if you\u2019re ready to hire an attorney, find one in your area who can help. Go to Learn About the Law \uf105 \uf105 2/21/25, 8:10 v (2003) \| FindLaw 18/20 Need to find an attorney? Search our directory by legal issue Enter information in one or both fields (Required) Find a lawyer Questions? At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Contact us. Stay up-to-date with how the law affects your life. Sign up for our consumer newsletter \uf105 Our Team Accessibility Contact Us \uf105 By Location By Legal Issue By Lawyer Profiles Legal Forms & Services Learn About the Law State Laws U.S. Caselaw U.S. Codes Legal issue need help near (city code or country) Bahawalpur, Punjab \uf057 2/21/25, 8:10 v (2003) \| FindLaw 19/20 US: \uf09a \uf16a \uf16d By Name Copyright \u00a9 2025, FindLaw. All rights reserved. Terms > \| Privacy > \| Disclaimer > \| Cookies > 2/21/25, 8:10 v (2003) \| FindLaw 20/20", "7228_103.pdf": "John Fox v. Judy Parker and Baylor University--Appeal from 170th District Court of McLennan County No. 10-99-370 FOX, Appellant v UNIVERSITY, Appellees 2/21/25, 8:10 John Fox v. Judy Parker and Baylor University--Appeal from 170th District Court of McLennan County :: 2003 :: Texas Court of App\u2026 1/17 From the 170th District Court McLennan County, Texas Trial Court # 97-664-4 This is an employment dispute. John Fox, a professor at Baylor University whose tenure was threatened, first sued one of the witnesses against him for defamation. After his employment was terminated, he also sued Baylor for defamation and added a claim for breach of contract, asserting that Baylor did not properly follow its termination procedures. Several witnesses in Fox s jury trial testified that, while on a university-sponsored summer field trip in 1996 to an anthropological site in Guatemala, he often while under the influence of alcohol on numerous occasions initiated inappropriate and uninvited physical contact of a sexual nature with female students and also made crude sexual comments to them. One student on the trip, Shannon Mackay, reported the alleged incidents to the administration of Baylor where Fox, a tenured professor in the anthropology department, had been employed for twenty years. Baylor conducted an investigation and decided that the allegations against Fox were true. Before beginning termination proceedings, however, Baylor offered to continue Fox s employment if he would accept sanctions in the form of a demotion, a written apology, counseling, and dismissal of a defamation lawsuit he had filed against one of the complaining students. Fox refused. The matter was referred to the Faculty Tenure Committee ( Tenure Committee ) which decided that the evidence warranted a termination hearing. Later, after a three-day hearing, the Tenure Committee recommended to Baylor s President that Fox s employment be terminated; the President concurred, and Fox was discharged. Earlier, when Fox learned that Baylor was conducting an investigation, he sued one of the witnesses against him, Judy Parker, for defamation on the basis that her statements to Baylor made during the investigation were untrue. After his termination, Fox joined Baylor as a defendant, alleging breach of his employment contract: he claimed that the investigation and hearing had not been conducted according to procedures contained in Baylor s personnel policies which were part of his employment contract. He also alleged that Baylor had defamed him by its actions which led to information about the termination proceedings being disclosed to the public. In addition, he added an allegation that Parker defamed him by making false statements during the termination hearing. After a four-week trial, a jury returned its verdict, finding: 2/21/25, 8:10 John Fox v. Judy Parker and Baylor University--Appeal from 170th District Court of McLennan County :: 2003 :: Texas Court of App\u2026 2/17 \" Baylor failed to comply with its contract with Fox. \" Fox did not waive Baylor s obligations under the contract. \" Fox s damages were $153,788 for lost wages and employment benefits in the past and in the future. \" Baylor did not make defamatory statements about Fox. \" Parker did not make defamatory statements about Fox. The court rendered judgment for Fox and against Baylor for contract damages in the amount of $153,788 plus $32,295.48 in pre-judgment interest. Fox appeals on twenty-one issues, complaining inter alia that the amount of damages the jury awarded was inadequate. In three cross-issues, Baylor asserts the evidence is legally insufficient to support the jury s finding that Baylor did not comply with the terms of the employment contract. Based on our analysis of Baylor s cross-issues, we will reverse the judgment and render a take-nothing judgment against Fox. Because of that, we do not reach many of his issues Fox alleged that Baylor breached the employment contract by failing to comply with procedures all part of his employment contract in three areas. He says: (1) procedures setting forth the mechanism for termination of a tenured professor were either not followed or inadequately followed; (2) procedures setting forth the method of investigating allegations of sexual harassment were not followed; and (3) procedures on employee confidentiality were not followed. The court submitted a single jury question without any instructions: Did Baylor University fail to comply with its employment contract prior to terminating John Fox s employment with Baylor? Baylor s complaint rests on this reasoning: \" Fox s employment contract is unambiguous as to procedures which apply to terminations. \" Many of the procedures relied on by Fox are not ones to which Baylor was bound. \" The evidence shows that the procedures which do apply were thoroughly followed. \" Therefore, there is no evidence to support the jury s finding that Baylor did not comply with the employment contract. 2/21/25, 8:10 John Fox v. Judy Parker and Baylor University--Appeal from 170th District Court of McLennan County :: 2003 :: Texas Court of App\u2026 3/17 A. Standards of Review Legal sufficiency of the evidence When the party complaining of legal insufficiency did not have the burden of proof at trial, we conduct our review by considering only that evidence and the inferences therefrom which support the finding, considered in the light most favorable to the finding, and disregarding contrary evidence and inferences. Burroughs Wellcome Co. v. Crye, 907 S.W.2d 497, 499 (Tex. 1995); Holt Atherton Industries, Inc. v. Heine, 835 S.W.2d 80, 84 (Tex. 1992). We can find the evidence legally insufficient if: (1) there is a complete absence of evidence for the finding, (2) there is evidence to support the finding, but rules of law or evidence bar the court from giving any weight to the evidence, (3) there is no more than a mere scintilla of evidence to support the finding, or (4) the evidence conclusively establishes the opposite of the finding. Merrell Dow Pharms., Inc. v. Havner, 953 S.W.2d 706, 711 (Tex. 1997) (citing Robert W. Calvert, No Evidence and Insufficient Evidence Points of Error, 38 Tex. L. Rev. 361, 362-63 (1960)); Juliette Fowler Homes, Inc. v. Welch Assoc., Inc., 793 S.W.2d 660, 666 n.9 (Tex. 1990). More than a scintilla of evidence exists where the evidence supporting the finding, as a whole, rises to a level that would enable reasonable and fair-minded people to differ in their conclusions. Burroughs Wellcome, 907 S.W.2d at 499 (quoting Transportation Ins. Co. v. Moriel, 879 S.W.2d 10, 25 (Tex. 1994)). If the evidence is so weak as to do no more than create a mere surmise or suspicion of the finding s existence, the effect is that there is legally-insufficient evidence. Haynes & Boone v. Bowser Bouldin, Ltd., 896 S.W.2d 179, 182 (Tex. 1995). Construing a contract Whether a contract is ambiguous is a question of law for the court. Heritage Resources, Inc. v. NationsBank, 939 S.W.2d 118, 121 (Tex. 1996). If a contract is not ambiguous, the rights and obligations under the agreement are also determined as a matter of law Investors, Inc. v. McLaughlin, 943 S.W.2d 426, 430 (Tex. 1997). Therefore, we review these issues de novo. An unambiguous contract is construed according to the plain meaning of its express wording. Lyons v. Montgomery, 701 S.W.2d 641, 643 (Tex. 1985); Kahn v. Seely, 980 S.W.2d 794, 797 (Tex. App. San Antonio 1998, pet. denied). But the court must look[] at the contract as a whole in light of the circumstances present when the contract was entered. Nat. Union Fire Ins. v Industries, 907 S.W.2d 517, 520 (Tex. 1995). Each part of the 2/21/25, 8:10 John Fox v. Judy Parker and Baylor University--Appeal from 170th District Court of McLennan County :: 2003 :: Texas Court of App\u2026 4/17 contract is considered against all other parts to determine its meaning, and there is a presumption that the parties intended every part to have some effect. Heritage Resources, 939 S.W.2d at 121. Terms used in the contract have their plain, ordinary, and generally accepted meaning unless the [contract] shows that the parties used them in a technical or different sense. Id. Unambiguous contracts are enforced as written. Id. // But if the express wording is subject to two or more reasonable interpretations, the contract is ambiguous Industries, 907 S.W.2d at 520; Coker v. Coker, 650 S.W.2d 391, 393 (Tex. 1993). Patent ambiguities are those which are apparent from the face of the contract Industries, 907 S.W.2d at 520. Latent ambiguities arise when an apparently unambiguous contract is applied to its subject matter and an ambiguity appears. Id. If the court finds that a contract is ambiguous, either patently or latently, the goal then is to determine the true intentions of the parties, for that will resolve the ambiguity. Id.; Coker, 650 S.W.2d at 393; Kahn, 980 S.W.2d at 797. This determination involves fact issues. Columbia Gas Trans. Corp. v. New Ulm Gas, 940 S.W.2d 587, 589 (Tex. 1996) (citing Universal C.I.T. Credit Corp. v. Daniel, 150 Tex. 513, 243 S.W.2d 154, 157 (1951)). Parol evidence may be introduced to discern the parties intent Industries, 907 S.W.2d at 520. In a jury trial, the resolution of the parties intent is assigned to the jury. See Sage Street Associates v. Northdale Const. Co., 863 S.W.2d 438, 445 (Tex. 1993); John Wood Group USA, Inc. v. ICO, Inc., 26 S.W.3d 12, 16 (Tex. App. Houston [1st Dist.] 2000, pet. denied). B. Termination Procedures Most of the evidence at trial pertained to termination procedures. The parties vigorously contested which ones applied and whether those were followed. Procedures asserted by Fox Fox was granted tenure in 1983. At that time, and thereafter, there were written procedures for terminating a tenured professor. The parties agree that these were incorporated into Fox s employment contract. One of these is policy 704, which in 1983 stated that a tenured faculty member cannot be terminated unless adequate cause for dismissal is demonstrated in a fair hearing, following established procedures of due process. Another policy applicable is 705 which sets out in considerable detail the procedures that must be followed before a tenured professor can be terminated. They include written charge containing allegations supporting dismissal is prepared by a designated administrator. 2/21/25, 8:10 John Fox v. Judy Parker and Baylor University--Appeal from 170th District Court of McLennan County :: 2003 :: Texas Court of App\u2026 5/17 \" The charge is filed with the Tenure Committee which sends a copy of it to the professor and requests an answer. \" The Tenure Committee reviews the charge and answer and decides whether there is probable cause to proceed to a dismissal hearing. \" The professor can challenge for cause the composition of the Tenure Committee, from which members of the professor s department are automatically excluded. \" At the hearing, substantial evidence to support termination must be submitted, and the professor may then challenge the evidence and present contradictory evidence. Witnesses are usually presented in person unless not reasonably available, in which event sworn statements may be submitted. Witnesses can be cross-examined. \" After the hearing, the Tenure Committee makes written findings and a recommendation, which are sent to the President of Baylor for a final decision. Absent serious procedural errors, the President accepts the Committee s findings. But the President has discretion about whether to follow a recommendation to terminate the professor. \" The Board of Regents of Baylor may review the President s decision. With one exception (see 5\" below), Fox admits that policies 704 and 705 remained essentially unchanged from the time that Fox s tenure rights vested in 1984 [sic] until June 1997, when . . . [the President] . . . unilaterally amended [705] and issued additional guidelines for termination hearings. (Response Brief of Appellant/Cross Appellee p. 6). At trial, Fox alleged (1) inadequate application of procedures in policy 705, and (2) generally, a violation of policy 704's right to a fair hearing, following established procedures of due process. // Specifically, Fox alleged: 1. Baylor failed to inform Fox early on that it was conducting an investigation. 2. Baylor failed to install an elected faculty committee to handle the matter instead of the Tenure Committee. 3. The charge filed with the Tenure Committee failed to explicitly state the grounds for dismissal in a way that referenced policy 705. 4. Baylor failed to obtain exculpatory evidence unavailable to Fox. 5. Baylor s President forced on Fox s Tenure Committee new guidelines for conducting the hearing which were prejudicial to Fox. // 2/21/25, 8:10 John Fox v. Judy Parker and Baylor University--Appeal from 170th District Court of McLennan County :: 2003 :: Texas Court of App\u2026 6/17 6. The findings and recommendation from the Tenure Committee were prepared by Baylor s attorney, which prevented the Tenure Committee from presenting a reasoned report. 7. Baylor provided material benefits legal counsel to student witnesses it called at the hearing. 8. In its decision to proceed to a hearing, Baylor required the Tenure Committee to accept as true the hearsay allegations of a single witness. 9. One of Baylor s attorneys presided at the hearing, skewing the evidentiary rulings in Baylor s favor. 10. The President never reviewed a transcript of the hearing. 11. Baylor did not provide the Board of Regents with a transcript of the hearing. In addition to violations of policies 704 and 705, Fox alleged that Baylor had violated forty- year-old termination procedures of the American Association of University Professors ). Specifically, Fox alleged that violations 1, 2, 3, and 6 above were also violations of the procedures. Fox argued that, in 1940, the and the Association of American Colleges adopted a Statement of Principles on Academic Freedom and Tenure (the 1940 statement). In 1958, the organizations adopted a Statement of Procedural Standards in Faculty Dismissal Proceedings (the 1958 statement). Fox asserts that because Baylor s policy 701 a policy pertaining to Academic Freedom quotes from part of the 1940 statement dealing with academic freedom, Baylor thereby adopted the 1958 statement and its procedures. In summary, we must decide: (1) Was the contract ambiguous?; (2) If not, what procedures was Baylor contractually obligated to follow?; and (3) Was the evidence legally sufficient to prove that Baylor failed to comply with any of those procedures? Applicable procedures The court refused Baylor s request to find that the contract is unambiguous as a matter of law and to instruct the jury that policy 705 was the controlling agreement regarding termination procedures. Baylor argues that if the contract is unambiguous and only the procedures in 705 are applied, then all of Fox s evidence about how the contract should be interpreted and about other procedures is not probative. It further points to Fox s expert s testimony that Baylor complied with the procedures in 705 and to other evidence about 2/21/25, 8:10 John Fox v. Judy Parker and Baylor University--Appeal from 170th District Court of McLennan County :: 2003 :: Texas Court of App\u2026 7/17 what procedures were followed, and to what extent. On that basis, Baylor says we should find that the evidence is legally insufficient to support the jury s finding of non-compliance with the contract. It is undisputed that Fox s employment was extended annually. In April 1996, Baylor s President sent Fox a letter for the upcoming 1996-97 school year. The letter did not refer to the summer term. It stated, in part, If you accept this letter of appointment, your complete contract with Baylor consists of this letter of appointment and the applicable provisions of the Baylor University Personnel Policy Manual, which Baylor may change from time to time. Fox signed the signatory line at the bottom of the letter which referred to the following statement accept this appointment, am ready, willing and able to perform my duties, and agree to abide by the terms of this letter of appointment. Similar letters had been sent each year extending Fox s contract. Accordingly, we find no ambiguity in the April 1996 letter that the applicable procedures are to be found in Baylor s Personnel Policy Manual. Heritage Resources, 939 S.W.2d at 121; Lyons, 701 S.W.2d at 643. As for Fox s argument about the 1958 statement, we find no support, either in the express language of policy 701, in the evidence, under any applicable legal principle, or logically, that by quoting in 701 from the 1940 statement on academic freedom, Baylor intended to incorporate the 1958 statement or its procedures for termination into Baylor s policies. In addition, Fox s own expert testified that Baylor had not adopted the 1958 procedures for termination. Furthermore, Fox s arguments that, based on custom in the industry and trade-usage, the 1958 statement must have been incorporated are unavailing, because those aids to contract construction are not used unless a contract is ambiguous. Transcontinental Gas Pipeline v. Texaco, 35 S.W.3d 658, 670 (Tex. App. Houston [1st Dist.] 2000, no pet.); Printing Ctr. of Texas, Inc. v. Supermind Pub. Co., Inc., 669 S.W.2d 779, 784 (Tex. App. Houston [14th Dist.] 1984, no writ). Thus, construing the contract as a matter of law, we find that the 1958 statement and its procedures were not a part of Fox s contract. Heritage Resources, 939 S.W.2d at 121; Lyons, 701 S.W.2d at 643. Therefore, those procedures for termination provide no basis to support the jury s finding that Baylor failed to comply with the employment contract. Merrell Dow Pharms., 953 S.W.2d at 711. The Pennsylvania Supreme Court has similarly construed the application of the 1958 statement. For example, in Murphy v. Duquesne University, the Court rejected a contention almost identical to Fox s. Murphy v. Duquesne University, 565 Pa. 571, 777 A.2d 428 (Pa. 2001 tenured professor was accused by a student of sexual harassment, and the university conducted an investigation. Id. 565 Pa. at 578, 777 A.2d at 422. The professor argued that the 1958 statement was not followed. Id. 565 Pa. at 599, 777 A.2d at 434. The 2/21/25, 8:10 John Fox v. Judy Parker and Baylor University--Appeal from 170th District Court of McLennan County :: 2003 :: Texas Court of App\u2026 8/17 Court said that, in the documents comprising the employment contract, the university never explicitly mentioned or referred to or incorporated by reference the 1958 Statement, and therefore it was not part of the employment contract. Id. 565 Pa. at 600, 777 A.2d at 435. Finally, we address Fox s argument that additional procedures apply which derive from policy 704. Policy 704 requires that tenured faculty cannot be terminated unless adequate cause for dismissal is demonstrated in a fair hearing, following established procedures of due process. Fox argues that the terms fair hearing and due process somehow enlarge on the procedures in policy 705. Through this enlargement process, Fox asserts, Baylor was obligated to follow a host of unwritten procedures, i.e., the eleven items listed in Termination Procedures Asserted above. But we find that policy 704 is a general provision whose intent is put into action by the specific procedures in policy 705; and in contract construction, specific provisions control over general provisions. Forbau v. Aetna Life Ins. Co., 876 S.W.2d 132, 133-34 (Tex. 1994); Silver Spur v. Clarksville Seniors, 848 S.W.2d 772, 775 (Tex. App. Texarkana 1993, writ denied); Mid Plains Reeves v. Farmland Industries, 768 S.W.2d 318, 321 (Tex. App. El Paso 1989, writ denied). Therefore, policy 704 does not enlarge Baylor s obligations beyond the express procedures in policy 705. Thus, unenunciated procedures allegedly arising from policy 704 are not part of the contract, and they provide no basis to support the jury s finding that Baylor failed to comply with the employment contract. Merrell Dow Pharms., 953 S.W.2d at 711. Therefore, we turn to a discussion of the evidence pertaining to the express procedures in policy 705. Policy 705 The evidence conclusively shows that Baylor carefully followed the procedural steps in policy 705. After an investigation, an appropriate university official filed a charge with the Tenure Committee. Fox was duly notified, and he filed an answer, which the Tenure Committee reviewed, then found probable cause to proceed hearing was held in late August 1997 before a properly comprised panel. Fox was represented by counsel at the hearing, which lasted three days. Fox s counsel made opening and closing statements, objected to evidence, cross-examined the witnesses, and presented evidence. The Committee made thirty-three findings of incidents which supported a for cause termination in satisfaction of policy 705. The President of Baylor accepted the Tenure Committee s recommendation and sent a letter of termination to Fox, who did not at that time raise objections to the procedures that had been used. At trial, Fox s expert witness on tenured-faculty terminations testified that Baylor had followed the procedures in policy 2/21/25, 8:10 John Fox v. Judy Parker and Baylor University--Appeal from 170th District Court of McLennan County :: 2003 :: Texas Court of App\u2026 9/17 705. We have searched the record diligently for evidence or inferences that Baylor did not scrupulously follow the procedures the parties contracted for in policy 705, and we find a complete absence of such evidence. Therefore, the evidence is legally insufficient to support the jury s finding that Baylor failed to comply with Fox s employment contract. Merrell Dow Pharms., 953 S.W.2d at 711. The 1983 tenure letter Fox makes one additional argument in his response brief which we must address. He complains that Baylor s President had no right to institute guidelines for termination hearings shortly before Fox s hearing. However, Fox s April 1996 annual letter of employment, which he signed and agreed to in April 1996, specifically says that his complete contract with Baylor consists of this letter of appointment and the applicable provisions of the Baylor University Personnel Policy Manual, which Baylor may change from time to time. (Emphasis added) There is no ambiguity that the letter allowed for the amendment of policy 705, which thereby allowed the President to institute guidelines. Heritage Resources, 939 S.W.2d at 121. Fox, however, argues that this letter does not cover the summer of 1996. // (There are no separate letters for summer employment in the record.) He says in his response brief that his contract for the summer of 1996 was governed by a letter in 1983 which granted him tenure, not by the April 1996 letter, and under the 1983 letter, the President was not authorized to institute procedural guidelines. Therefore, when new guidelines were instituted before his termination hearing in the summer of 1997, his rights that were established in 1983 were violated. Fox s argument is unavailing. He did not plead the 1983 letter as his contract, and he testified several times that the 1996 letter, which he introduced as an exhibit early in the trial, was his contract. Also, each yearly letter reciting that Fox s employment was extended contains his salary for that year, and we assume he would not contend that the salary in the 1983 letter was the one Baylor was obligated to pay in 1996-97. The logical conclusion is that each letter modified the previous one. E.g., Cadle Co. v. Henderson, 982 S.W.2d 543, 546 (Tex. App. San Antonio 1998, no pet.) (parties to a contract may modify it); Mid Plains Reeves, 768 S.W.2d at 321; Mandril v. Kasishke, 620 S.W.2d 238, 244 (Tex. App. Amarillo 1981, writ ref d n.r.e.). In fact, the 1983 letter implies future modifications because it says: Summer session salaries are based on the salaries for the preceding regular academic year. The use of the plural salaries implies that Fox s salary in the summer of 1996 was based on his salary for the 1995-1996 school year as set forth in his employment letter for that year, not as set forth in the 1983 letter. Furthermore, the 1983 letter, construed according to the 2/21/25, 8:10 John Fox v. Judy Parker and Baylor University--Appeal from 170th District Court of McLennan County :: 2003 :: Texas Court of App\u2026 10/17 plain meaning of its express wording, granted Fox tenure and states that Baylor will follow its procedures when dealing with him. Lyons, 701 S.W.2d at 643. It does not guarantee that those procedures will never change. Finally, a letter extending employment was sent each year, and for some time those letters contained the provision allowing Baylor to amend the policy manual. Fox signed each letter agreeing to its terms. By signing each extension letter, Fox agreed to whatever modification of his contract (and Baylor s procedures) the letter might put into effect. // For these reasons, Fox s reliance on the 1983 letter fails, and we reject the argument as being without evidentiary support. C. Sexual Harassment Investigation Procedures The second area in which Fox asserted procedural violations was an alleged obligation by Baylor to have the complaining students use the school s Sexual Harassment Mediation Board or Civil Rights Policy, which were alternative avenues for making a sexual harassment claim. // The Board and its related procedures were instituted but not officially replaced by the Civil Rights Policy in 1995 or 1996, and the replacement was made official on June 24, 1997, the day after Fox sued Baylor. Fox says he was entitled to have Baylor use the alternative avenues to investigate and process the complaints against him. We note that the alternative avenues do not preclude the termination process from being implemented simultaneously. But more importantly, as Baylor points out, the purpose of these alternatives is to benefit students (and employees) who may have been victims of sexual harassment; they are not for the benefit of an accused. Furthermore, the evidence shows that Baylor did apprise the students that they could pursue their complaints individually, but the students declined to do so. Thus, we find the evidence conclusively establishes that Baylor did not violate sexual harassment procedures, because (a) he had no entitlement and (b) Baylor adequately implemented the procedures. Therefore, we find no evidence on this basis for the jury s finding of non-compliance. Merrell Dow Pharms., 953 S.W.2d at 711. D. Confidentiality Procedures Finally, the third area in which Fox asserted procedural violations concerns Fox s assertion that Baylor breached an obligation to not disclose information in Fox s personnel file. // He argues that when Baylor informed the student witnesses of the pending investigation and termination proceeding against Fox, it violated that obligation. News of the matter also was reported in the student and city newspapers. Again, as Baylor points out, (1) the fact of the existence of the investigation and proceeding was not strictly or solely in the personnel file, 2/21/25, 8:10 John Fox v. Judy Parker and Baylor University--Appeal from 170th District Court of McLennan County :: 2003 :: Texas Court of App\u2026 11/17 (2) Baylor had no other way of gaining the participation of the witnesses except through revealing to them what was occurring, and (3) the confidentiality policy explicitly provides that Baylor may disclose information in a personnel file to protect its interests in an employment dispute. Furthermore, as Fox admits in his brief, [t]here was little to no evidence of this Breach presented at trial . . . . (Response Brief of Appellant/Cross Appellee p. 56). We conclude that there is no evidence to support this allegation, and therefore the evidence is legally insufficient on this basis to support the jury s finding of non-compliance. Merrell Dow Pharms., 953 S.W.2d at 711. E. Summary Many of the procedures Fox claims Baylor was obligated to follow were not, as a matter of law, part of the contract with Baylor. Of the procedures which Baylor agreed to, either there is no evidence that Baylor did not follow them, or the evidence conclusively established that Baylor followed them. We find the evidence legally insufficient to support the jury s finding that Baylor did not comply with the employment contract. Thus, unless one or more of Fox s issues require reversal, we will render judgment for Baylor Fox s first issue is that the court erred in admitting evidence about settlement offers from Baylor to Fox which he rejected, which evidence supported Baylor s argument that he failed to mitigate damages. However, because we have determined that Fox will take nothing on his breach-of-contract claim against Baylor, this issue regarding damages is moot and we do not reach it. For the same reason we do not reach his second through fifth issues complaining that the court erred in not granting his motions for judgment notwithstanding the verdict regarding the amount of damages, and that the amount of damages the jury awarded was against the great weight and preponderance of the evidence. We turn now to those issues which might require a new trial or another remedy. A. Issues on the Parker Defamation Claim In a single question, the charge combined inquiries about defamatory statements and proximate cause: Did Judy Parker make defamatory statements about John Fox that proximately caused injury to John Fox? Fox objected at trial to the inclusion of the proximate cause inquiry. In issues six and seven Fox argues that (a) the court erred in not ruling that Parker s oral and written statements to Baylor were defamatory per se, thus making the proximate cause inquiry unnecessary, and (b) the jury s finding on the Parker defamation issue is against the great weight and preponderance of the evidence. 2/21/25, 8:10 John Fox v. Judy Parker and Baylor University--Appeal from 170th District Court of McLennan County :: 2003 :: Texas Court of App\u2026 12/17 Defamation per se In a defamation case, assuming there is no dispute that certain statements were made, the court should determine whether, as a matter of law, the complained-of statements are defamatory. Carr v. Brasher, 776 S.W.2d 567, 570 (Tex. 1989); Kelly v. Diocese of Corpus Christi, 832 S.W.2d 88, 91 (Tex. App. Corpus Christi 1992, writ dism d w.o.j.). If the court finds the defamatory nature of the words ambiguous, the jury should decide the issue. Id. But statements which accuse of sexual harassment, as here, are defamatory per se, i.e., their defamatory nature need not be demonstrated. E.g., Gray v Food Store #4, 941 S.W.2d 327, 329 (Tex. App. Corpus Christi 1997, writ denied). In a defamation per se, the law presumes that a person s reputation has been injured thereby. Leyendecker & Associates, Inc. v. Wechter, 683 S.W.2d 369, 374 (Tex. 1984). And he may recover general damages, such as for mental anguish, without proof of injury. Id. Thus under normal circumstances in a case of defamation per se, there need be no inquiry in the charge about whether there was a defamation or about proximate cause and injury (or the jury may be instructed to so find). Fox, however, did not object to the inclusion of a question about whether a defamation occurred; his objection was limited to the inclusion of an inquiry about proximate cause. The resolution of this issue turns on the wording of the defamation damages question to which Fox did not object. The question asked: What sum of money . . . would fairly and reasonably compensate John Fox for his damages, if any, proximately caused by such defamation? Consider the following elements of damages . . . . Compensatory damages for pecuniary losses, excluding wages and employment benefits, including damage to reputation, emotional pain, suffering, mental anguish, loss of enjoyment of life in the past and/or in the future. The problem for Fox lies in the fact that the question includes special damages. Actual damages are divided into general ( direct ) and special ( consequential ) damages. Arthur Andersen & Co. v. Perry Equip. Corp., 945 S.W.2d 812, 816 (Tex. 1997); Henry S. Miller Co. v. Bynum. 836 S.W.2d 160, 163 (Tex. 1992) (Phillips, C. J., concurring Connor s Texas Causes of Action (2001-02), p. 755-56. General damages are those conclusively presumed as a matter of law to have been foreseen by the defendant as a necessary and usual result of the defendant s wrongful act. Arthur Andersen, 945 S.W.2d at 816. They do not have to be pled. Green v. Allied Interests, Inc., 963 S.W.2d 205, 208 (Tex. App. Austin 1998, pet. denied). All other damages are special damages which must be foreseeable to the defendant but are not the necessary and usual result of the wrong. 2/21/25, 8:10 John Fox v. Judy Parker and Baylor University--Appeal from 170th District Court of McLennan County :: 2003 :: Texas Court of App\u2026 13/17 Arthur Andersen, 945 S.W.2d at 816. They must be specially pled. Tex. R. Civ. P. 56; Harkins v. Crews, 907 S.W.2d 51, 61 (Tex. App. San Antonio 1995, writ denied). Thus the question combined general and special damages. Cagle, Cherry & Kemp, The Classification of General & Special Damages for Pleading Purposes in Texas, 51 Baylor L. Rev. 629 (1999) (e.g., future damages are special damages). Fox cannot have the benefit of special damages while at the same time rejecting a proximate cause inquiry which is required for special damages. Under these circumstances, the court was correct to include proximate cause in the defamation question. Alternatively, Fox did not object to the damages question which asked, conditioned on an affirmative finding on the defamation question: What sum of money . . . would fairly and reasonably compensate John Fox for his damages, if any, proximately caused by such defamation? Thus the jury was asked to make a finding about proximate cause apart from the part of the defamation question which inquired about it. By failing to object, Fox s objection about proximate cause in the defamation question becomes moot. Cf. Tex. R. App. P. 33.1(a). We overrule this issue. Sufficiency of the evidence Fox argues that the negative finding on the Parker defamation question was against the great weight and preponderance of the evidence. This is a factual-sufficiency complaint. When a party who had the burden of proof complains of the factual insufficiency of an adverse finding, it must demonstrate that the adverse finding is contrary to the great weight and preponderance of the evidence. Dow Chemical Co. v. Francis, 46 S.W.3d 237, 242 (Tex. 2001); Cropper v. Caterpillar Tractor Co., 754 S.W.2d 646, 651-53 (Tex. 1988). In the defamation question, the term defamatory statement was defined as a statement that tends to injure a person s reputation and, as a result, exposes a person to public hatred, contempt or ridicule, or financial injury. But because of the form of the question, we cannot determine whether the jury found that Parker did not make any defamatory statements which would appear to be unsupportable under the definition of defamatory statement and the evidence versus that it found she did make defamatory statements but they did not proximately cause injury to Fox. This is always a potential problem under the broad-form submission rules under which trial courts must operate. Tex. R. Civ. P. 277. But even if we assume that Parker made defamatory statements as defined in the charge, Fox has not 2/21/25, 8:10 John Fox v. Judy Parker and Baylor University--Appeal from 170th District Court of McLennan County :: 2003 :: Texas Court of App\u2026 14/17 demonstrate[d] that the adverse finding [about proximate cause] is contrary to the great weight and preponderance of the evidence. Dow Chemical Co., 46 S.W.3d at 242. The primary complaint Fox made at trial was about the alleged breach of contract. Indeed most of his evidence on damages concerned his lost wages and earning capacity related to the contract claim, which were specifically excluded in the damages question on the defamation claim, which said excluding wages and employment benefits while including [c]ompensatory damages for pecuniary losses . . . including damage to reputation, emotional pain, suffering, mental anguish, loss of enjoyment of life in the past and/or in the future. Because Fox s emphasis was on the breach-of-contract claim, the jury could reasonably have found that most of his injuries derived from that claim. In addition, other students made statements to Baylor about Fox s behavior equally as damaging as Parker s, although less in scope. The jury need not have attributed any injuries from defamatory comments solely to Parker. In summary, Fox has not demonstrated evidence of such magnitude to fulfill his burden to show that Parker s statements must have caused him injury. We overrule this issue. B. Discovery Issues In issue eight, Fox argues that the court erred in denying his request to take a second deposition of Parker concerning the diary of Shannon Mackay, which Fox alleges Parker failed to timely produce. This failure also necessitated a costly second deposition of Mackay, and Fox asserts in issue nine that the court should have imposed monetary sanctions against Baylor and Parker for failing to produce the Mackay diary. Fox presents the complaint about the requested deposition [i]n anticipation of a new trial. (Brief of Appellant p. 42). Because we will reverse and render in favor of Baylor, we do not reach this issue. Regarding the sanctions issue, a trial court has inherent power, subject to an abuse of discretion standard, to impose sanctions not covered by rule or statute to discipline an attorney s behavior. E.g., In re Bennett, 960 S.W.2d 35, 40 (Tex. 1997). There was discrepant evidence about whether Baylor had the diary; therefore the court did not abuse its discretion in refusing to sanction Baylor. As for Parker, the evidence shows that the primary obstacle which caused Fox so much delay and expense were the actions taken by Mackay s lawyer in California (where the deposition was to occur) in seeking to quash the deposition. We do not attribute that to Parker. Again, we do not find that the court abused its discretion. Accordingly, we overrule this issue. 2/21/25, 8:10 John Fox v. Judy Parker and Baylor University--Appeal from 170th District Court of McLennan County :: 2003 :: Texas Court of App\u2026 15/17 C. Remaining Issues Issue 10 pertains to requested jury charge instructions which were denied. Issues 11 through 19 pertain to pre-trial rulings; these issues are presented conditionally in the event we grant a new trial on Fox s breach of contract action. Issues 20 and 21 pertain to Baylor s motion for summary judgment, granted by the court, concerning a claim by Fox of retaliation against him for expressing opposition to what he considered discriminatory practices against employees on the basis of religious belief. Issues 10, 20, and 21 are not briefed at all, and the remaining issues are not adequately briefed. Our rules require that [t]he brief must contain a clear and concise argument for the contentions made, with appropriate citations to authority and to the record. Tex. R. App. P. 38.1(h), 38.2(a)(1). This is especially important in a case such as this with a reporter s record consisting of many thousands of pages covering a four-week trial. By his failure, Fox has waived review of these issues. E.g., Franklin v. Enserch, Inc., 961 S.W.2d 704, 711 (Tex. App. Amarillo 1998, no pet.); Sisters of Charity of the Incarnate Word v. Gobert, 992 S.W.2d 25, 31 (Tex. App. Houston [1st Dist.] 1997, no pet.); Leyva v. Leyva, 960 S.W.2d 732, 734 (Tex. App. El Paso 1997, no writ Having found the evidence legally insufficient to support the jury s finding that Baylor did not comply with the employment contract, and finding Fox s issues without merit, we reverse that part of the judgment against Baylor and render a take-nothing judgment against Fox, and we affirm the remainder of the judgment Justice Before Chief Justice Davis, Justice Vance, and Justice Cummings (Sitting by Assignment) Affirmed in part; reversed and rendered in part 2/21/25, 8:10 John Fox v. Judy Parker and Baylor University--Appeal from 170th District Court of McLennan County :: 2003 :: Texas Court of App\u2026 16/17 Opinion delivered and filed January 15, 2003 [CV06] Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 2/21/25, 8:10 John Fox v. Judy Parker and Baylor University--Appeal from 170th District Court of McLennan County :: 2003 :: Texas Court of App\u2026 17/17", "7228_104.pdf": "16 66 81 91 126 4TH 7:16 14 34 12 38 36 27 1ST 8:30PM -3.5 220.5 Baylor University suspends 3 players following accusations of off-campus rapes By Greg Norman , Published March 15, 2018 12:12pm Updated March 15, 2018 12:15pm Three Baylor University players have been suspended from the school\u2019s tumultuous football program after being accused of sexually assaulting women in the hours after their November loss to Texas Tech. Fox News \u00b7 The new allegations follow Baylor University's 2016 sexual assault scandal. (Fox4News) Image 1 of 2 Recommended Ex star Michael Kidd-Gilchrist shares his stuttering journey 17:11 Michael Eruzione was \u2018very disappointed\u2019 when Canadians\u2026 06:33 Robert O'Neill was locked into Draft before Bin Laden\u2026 01:16 You might not pick a fight wi people \u2018born o 02:50 Log In Watch 2/21/25, 8:10 Baylor University suspends 3 players following accusations of off-campus rapes \| Fox News 1/7 The accusers, reported by as being members of Baylor\u2019s equestrian team, told police they were raped at the University Parks Apartments just outside campus on Nov. 12 don't know much about the case,\u201d head coach Matt Rhule said Wednesday. \u201cAnd think that's really a good thing because probably shouldn't really know much about it because I'm the football coach.\u201d The allegations come following a massive sex assault scandal that engulfed the program two years ago, in which more than 20 lawsuits were filed against the school, with one alleging 52 rapes by football players over a 4-year period. An internal investigation of that scandal by a Philadelphia law firm hired by the school found that Baylor\u2019s football program operated like it was \u201cabove the rules\u201d and that coaches and staff interfered when people came forward with allegations of sexual misconduct, according to FOX4News. The scandal eventually led to the firing of then-coach Art Briles and the resignation of Baylor\u2019s president, Ken Starr, as well as the school announcing last year that it had implemented 105 recommendations for improvement from the law firm. Prior to his press conference Wednesday, Rhule said freshmen John Arthur, Justin Harris and Tre'von Lewis, and sophomore Eric Ogor would not be taking part in spring practices. He declined to say which of those players were mentioned in the new accusations \u2013 but said three have been suspended since November, shortly after the alleged incidents were reported to Baylor police. 2/21/25, 8:10 Baylor University suspends 3 players following accusations of off-campus rapes \| Fox News 2/7 school spokesman told that one of the players is being kept off the team over an issue unrelated to the sexual assault allegations, but didn\u2019t elaborate. All of the players remain enrolled at Baylor police report viewed by media outlets was heavily redacted reported that the local district attorney's office is weighing possible criminal charges against the players but has not yet brought the case in front of a grand jury. \"Baylor University takes any allegation of sexual assault seriously,\u201d University President Linda Livingstone said in a statement. \u201cThe University's new leadership team is unwavering in our commitment to follow our well-documented Title policy and procedures in regards to reporting and responding to incidents of sexual assault.\" Rhule insisted to reporters Wednesday that the culture of Baylor\u2019s football program has changed since the 2016 scandal. \u201cThere's bad culture when kids do things and grownups hide them,\u201d he was quoted by Fox4News as saying. \u201cAnd nobody's hiding anything here. And so that's why know that we're doing things right.\u201d 2/21/25, 8:10 Baylor University suspends 3 players following accusations of off-campus rapes \| Fox News 3/7 Discussions are moderated. For more details, click here. Conversation No one seems to have shared their thoughts on this topic yet Leave a comment so your voice will be heard first. Be the first to comment... Powered by Terms \| Privacy \| Feedback 2/21/25, 8:10 Baylor University suspends 3 players following accusations of off-campus rapes \| Fox News 4/7 U.S. Crime Immigration Terror True Crime Bryan Kohberger Politics Trump's First 100 Days Senate House Judiciary Foreign Policy Fox News Polls Elections World U.N. 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Conflicts Terrorism Disasters Global Economy Environment Religion Scandals Opinion Media Nation Coverage Entertainment Exclusives Country Music Royals Blake Lively Diddy Game Shows Hot Videos 2/21/25, 8:10 Baylor University suspends 3 players following accusations of off-campus rapes \| Fox News 6/7 This material may not be published, broadcast, rewritten, or redistributed. \u00a92025 News Network, LLC. All rights reserved. Quotes displayed in real-time or delayed by at least 15 minutes. Market data provided by Factset. Powered and implemented by FactSet Digital Solutions. Legal Statement. Mutual Fund and data provided by Refinitiv Lipper. Sports College Football Golf Tennis Soccer Lifestyle Health Travel Food & Drink Games & Quizzes Deals Business Personal Finance Economy Markets Watchlist Lifestyle Real Estate Tech Science & Tech Air & Space Security Innovation Video Games Military Tech Planet Earth Wild Nature Games Daily Crossword Puzzle Crazy Crystals Match 3 Game Word Search Mini Crossword Puzzle Stack and Match Block Puzzle 5 Across the Letter Word Game Watch Live News Shows Programming Schedule On Air Personalities Full Episodes Show Clips News Clips About Contact Us Careers Fox Around the World Advertise With Us Media Relations Corporate Information Compliance Apps & Products News Go Weather Nation Noticias News Shop News Radio Outkick Newsletters Podcasts Updated Terms of Use New Privacy Policy Your Privacy Choices Closed Caption Policy Help Contact Us Accessibility Statement 2/21/25, 8:10 Baylor University suspends 3 players following accusations of off-campus rapes \| Fox News 7/7", "7228_105.pdf": "Baylor settles with 2 women who reported sexual assaults Published November 23, 2016 12:01pm Updated November 23, 2016 1:03pm WACO, Texas \u2013 Two women who reported being gang-raped by Baylor University football players have reached a settlement with the school, which has been hammered by months of criticism that it ignored or mishandled assault claims for years. The settlement was announced Tuesday night in a joint statement by Baylor interim President David Garland and the lawyers representing the women. Terms of the settlement were not disclosed. \"It breaks my heart that even one student would be sexually assaulted while a part of this university offer my sincere apologies, both personally and on behalf of the university, that we did not do more to prevent, respond or support the care of these young women,\" Garland said. The settlements were the latest development in a scandal that has rocked the nation's largest Baptist university. An investigation by the law firm Pepper Hamilton earlier this year found that the school mishandled assault claims for years. Football coach Art Briles was fired, school President Ken Starr was demoted and eventually left, and Athletic Direct Ian McCaw resigned. Baylor regents recently disclosed that 17 women had reported domestic violence or sexual assaults that involved 19 football players since 2011, including four gang rapes. The school is facing several federal lawsuits by women who say the university ignored or tried to suppress their claims of sexual and physical assault and the Waco Tribune-Herald reported that the women who settled their cases had not sued the university. Associated Press \u00b7 Recommended Trump 'border czar' Tom Homan says targeting and\u2026 03:11 Florida sues Target over moves that allegedly mislead\u2026 04:19 Massachusetts governor takes heat for trying to \u2018hide\u2026 03:05 Los Angeles explains why h doesn't suppor 01:34 Log In Watch 2/21/25, 8:10 Baylor settles with 2 women who reported sexual assaults \| Fox News 1/6 Sponsored Stories Details of the attacks on the women who settled were not disclosed, but the statement said that both reported in 2015 they had been sexually assaulted by multiple football players in 2012. One of the women also reported being physically assaulted by a football player in 2013. Garland said the football players implicated in the assaults and the athletic department official who received a report of the physical assault are no longer at Baylor. Baylor said that since the time of the reported assaults, it has established a full-time Title office to investigate and respond to claims of assault and gender discrimination, revamped school policies and adopted a prevention and education program for students, faculty and staff. \"We commend Baylor for its work with Pepper Hamilton in its effort to improve its handling of sexual assault reports,\" said John Clune and Chris Ford, the Boulder, Colorado attorneys representing the women who settled with Baylor. Underground Tunnels, van Goghs\u2014Villa Rentals Are Going to the Next Level, Says Luxury Vacation Maven Mansion Global Gadget-Lovers: Check Out the New Tech in These Luxury Homes Mansion Global 2/21/25, 8:10 Baylor settles with 2 women who reported sexual assaults \| Fox News 2/6 U.S. Crime Immigration Terror True Crime Bryan Kohberger Politics Trump's First 100 Days Senate House Judiciary Foreign Policy Fox News Polls Elections World U.N. Conflicts Terrorism Disasters Global Economy Environment Religion Scandals Opinion Media Nation Coverage Entertainment Exclusives Country Music Royals Blake Lively Diddy Game Shows Hot Videos 2/21/25, 8:10 Baylor settles with 2 women who reported sexual assaults \| Fox News 3/6 Sports College Football Golf Tennis Soccer Lifestyle Health Travel Food & Drink Games & Quizzes Deals Business Personal Finance Economy Markets Watchlist Lifestyle Real Estate Tech Science & Tech Air & Space Security Innovation Video Games Military Tech Planet Earth Wild Nature Games Daily Crossword Puzzle Crazy Crystals Match 3 Game Word Search Mini Crossword Puzzle Stack and Match Block Puzzle 5 Across the Letter Word Game Watch Live News Shows Programming Schedule On Air Personalities Full Episodes Show Clips News Clips About Contact Us Careers Fox Around the World Advertise With Us Media Relations Corporate Information Compliance Apps & Products News Go Weather Nation Noticias News Shop News Radio Outkick Newsletters Podcasts 2/21/25, 8:10 Baylor settles with 2 women who reported sexual assaults \| Fox News 4/6 U.S. Crime Immigration Terror True Crime Bryan Kohberger Politics Trump's First 100 Days Senate House Judiciary Foreign Policy Fox News Polls Elections World U.N. Conflicts Terrorism Disasters Global Economy Environment Religion Scandals Opinion Media Nation Coverage Entertainment Exclusives Country Music Royals Blake Lively Diddy Game Shows Hot Videos Sports College Football Golf Tennis Soccer Lifestyle Health Travel Food & Drink Games & Quizzes Deals Business Personal Finance Economy Markets Watchlist Lifestyle Real Estate Tech Science & Tech Air & Space Security Innovation Video Games Military Tech Planet Earth Wild Nature Games Daily Crossword Puzzle Crazy Crystals Match 3 Game Word Search Mini Crossword Puzzle Stack and Match Block Puzzle 5 Across the Letter Word Game 2/21/25, 8:10 Baylor settles with 2 women who reported sexual assaults \| Fox News 5/6 This material may not be published, broadcast, rewritten, or redistributed. \u00a92025 News Network, LLC. All rights reserved. Quotes displayed in real-time or delayed by at least 15 minutes. Market data provided by Factset. Powered and implemented by FactSet Digital Solutions. Legal Statement. Mutual Fund and data provided by Refinitiv Lipper. Watch Live News Shows Programming Schedule On Air Personalities Full Episodes Show Clips News Clips About Contact Us Careers Fox Around the World Advertise With Us Media Relations Corporate Information Compliance Apps & Products News Go Weather Nation Noticias News Shop News Radio Outkick Newsletters Podcasts Updated Terms of Use New Privacy Policy Your Privacy Choices Closed Caption Policy Help Contact Us Accessibility Statement 2/21/25, 8:10 Baylor settles with 2 women who reported sexual assaults \| Fox News 6/6"}
8,598	Michael James Clay	Brigham Young University	[ "8598_101.pdf", "8598_102.pdf", "8598_103.pdf", "8598_104.pdf", "8598_105.pdf", "8598_106.pdf", "8598_107.pdf", "8598_108.pdf", "8598_109.pdf", "8598_110.pdf" ]	{"8598_101.pdf": "Ex professor charged with sexual abuse By Josh Newman \| June 25, 2020, 8:20 p.m. \| Updated: 8:23 p.m. Michael James Clay, a former associate professor at BYU, was charged on Thursday with sexually abusing a former student. According to documents from 4th District Court, Clay, who lives in Springville, is charged with two counts of forcible sexual abuse, which is a second-degree felony. Clay is the former head of BYU\u2019s Urban and Regional Planning program in the geography department. According to court documents, during a meeting with Clay, the woman said she told him she \u201cwas having some emotional difficulties.\u201d Rep Utah's Complicated History with National Monuments Comment 2/21/25, 8:11 Ex professor charged with sexual abuse 1/6 Clay and the woman met more than 20 times in his office, at which time he would play \u201cmeditation music\u201d and \u201ctold the victim that his office was a safe place and that she should not tell anyone what went on there,\u201d the charges read. According to Police, Clay also told the woman to delete the text messages he would send her. Sometime between Jan. 15 and Feb. 15, Clay drove the woman up a canyon in Utah County and touched the woman\u2019s buttocks over her clothing, the charges said. During a meeting in February in Clay\u2019s office, Clay had the woman straddle his lap, according to the charges. [email protected] Follow @Joshua_Newman Donate to the newsroom now. 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All rights reserved. 2/21/25, 8:11 Ex professor charged with sexual abuse 6/6", "8598_102.pdf": "(Getty Images) by: Heather W. Smith, Megan Pickett Posted: Jun 27, 2023 / 07:39 Updated: Jun 27, 2023 / 07:39 PROVO, Utah (ABC4 Utah judge handed down the sentence of a former professor charged with sexual battery of his student interns and employees. As part of a plea bargain, Michael James Clay, 49, pleaded no contest to three reduced counts of sexual battery, a class misdemeanor, and all other charges were dropped. PREVIOUSLY: Former professor pleads no contest to sexual battery of students interns 35 professor charged with sexual battery sentenced 2/21/25, 8:11 professor charged with sexual battery sentenced 1/12 Clay was initially charged with two counts of forcible sexual abuse. Two more students then came forward, and he was charged with four additional counts of forcible sexual abuse. All second-degree felonies. 4th District Judge Sean Petersen suspended sentences of 364 days in jail for each count and instead sentenced Clay to serve 24 months of probation and 50 hours of community service. He also ordered the man to take a sexual boundaries class and have no contact with the three victims ABC4 Daily News Enter Your Email The judge said \u201cthere will be zero tolerance\u201d moving forward and encouraged Clay to comply completely with the terms of the agreement. In 2020, Clay a former geography department professor was accused of sexually abusing one of his former students, later two other students came forward with similar allegations. According to the court documents, Clay had sole control over the geography department and was able to hire students to perform research using university funds. Clay also hired students through his private firm, the document states. The document further states \u201c[Clay] used his position as a university professor, employer, and priesthood holder in the Church to control and manipulate young women.\u201d In approximately January 2017, a student was working for Clay and performing research for him both at and at his private firm. According to court documents, she told Clay she was experiencing personal problems and began to meet with him in his office. She said the > Next > Cancel \u2715 Next story in > Cancel Next story in 2/21/25, 8:11 professor charged with sexual battery sentenced 2/12 visits became more regular often two to three times per week until they stopped in March 2020 due to Covid. When the student first started going to Clay\u2019s office, she said he would greet her with a hug. She said the hugs got progressively longer, making her uncomfortable. Eventually, the hugs turned into him holding or moving his hands down her back and holding her butt. Clay told the student that they needed to meditate to help her with her anxiety. He would reportedly talk to her about her sex life and tell her that meditation was important for a healthy sex life. During the meetings, Clay would have the student sit on his lap straddling him for around 20 minutes. According to court documents, the student told Clay she was considering getting a therapist instead. Clay allegedly told her she could do that if she wanted to tell her feelings to someone who didn\u2019t care about her, or she could continue meeting with him because he actually understood and cared for her. The student told officials that while she did not want to participate in the touching, she was afraid of refusing to do what Clay wanted. She said not only was Clay her boss at the university and at his private firm, but her progress in her field of study was at his sole discretion. Reportedly, Clay would often remind her of that fact, and give her priesthood blessings to try to manipulate her into feeling a certain way. Between Jan. 1, 2018, and Dec. 31, 2019, another female student was an intern and employee at his private firm. As with the first victim, Clay allegedly manipulated her into having counseling sessions with him. Clay reportedly told her that he had single-handedly put together the broken pieces of many girls, and if she wanted to feel Heavenly Father\u2019s love, she would need to talk to him Prison not recommended in St George attempted murder case per victim\u2019s wishes > Next > Next story in > Next story in 2/21/25, 8:11 professor charged with sexual battery sentenced 3/12 The student said that their counseling sessions quickly turned into talking almost exclusively about sexual things and then into physical contact. Clay also engaged in ecclesiastical abuse to accomplish his abuse of the student, the court record states. He would allegedly frequently tell her she was out of spiritual alignment and held a \u201ctea ceremony\u201d to help her. During the ceremony, he allegedly asked her to pledge her obedience to him. The victim said she eventually agreed, but later that day told him she would no longer be able to attend their weekly meetings over the summer. Clay reportedly said if she wasn\u2019t going to commit to something, he no longer needed her to come to internship meetings ABC4 Breaking News Alerts Enter Your Email In early 2020, Clay reportedly began meeting with a third student and told her that he was very powerful in her field of study, and may be able to give her an internship if she trusted him. She said she expressed to Clay that she was having some emotional difficulties, and Clay told her he could make her negative feelings go away. They met in his office around 20 times, the student reported. Clay allegedly told the student his office was a safe place and not to tell anyone what went on there. He told her he could be her emotional and physical support. They would communicate via text messages, and Clay allegedly told her to delete the messages and wanted to check her phone to make sure she deleted them. Sometime between mid-January 2020 and February 2020, Clay drove the student up the canyon, and after walking outside they got in the backseat of his car. Clay then allegedly touched her inappropriately and asked if it was okay with her. She said okay because she said she felt like she had to say yes > Next > Next story in > Next story in 2/21/25, 8:11 professor charged with sexual battery sentenced 4/12 On one occasion, Clay told the student he felt inspired by God to engage in physical contact. She said she believed him at the time. On Feb. 19 or 20, they met in his office where Clay then allegedly touched her inappropriately. The student told Clay \u201cThat\u2019s enough\u201d and \u201cI\u2019m good\u201d several times before he finally stopped. According to charging documents, Clay said she needed to practice and reportedly told her it would help her. According to court records, Clay told the student she needed to change her body chemistry and practice in order to be a good wife. At one point, the student said she was thinking about meeting with a psychiatrist, but Clay told her that meeting with him was more effective. In March 2020, due to the pandemic, Clay allegedly stopped meeting with at least one of the victims. It was shortly after this that they came forward with their allegations. Copyright 2025 Nexstar Media Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed REVIEW: \u2018The Monkey\u2019 is a gory Stephen King / 5 Hours Ago \u201cThe Monkey\u201d is a great time in the theaters for horror fans and non-horror fans alike > Next > Next story in > Next story in 2/21/25, 8:11 professor charged with sexual battery sentenced 5/12 Cult-favorite Yankee Candles are 50% off on Amazon / 8 Hours Ago Fan-favorite Yankee Candles are majorly discounted at Amazon right now. Save up to 50% while supplies last. Which earbuds are best for phone calls / 9 Hours Ago > Next > Next story in > Next story in 2/21/25, 8:11 professor charged with sexual battery sentenced 6/12 Through Bluetooth technology, mobile phones pair with headphones or earbuds, letting you safely talk to your loved ones while keeping your hands free. View All BestReviews Drying out and warming up this weekend into next \u2026 Bill moves to prevent abortion providers teaching \u2026 Cox appoints former Moab police chief as head of > Next > Next story in > Next story in 2/21/25, 8:11 professor charged with sexual battery sentenced 7/12 Top Stories Lawsuit: Roblox is \u2018hunting ground for child predators\u2019 Woman accused of drugging and robbing older men in \u2026 Tesla recalls 376K vehicles over power steering defect 3 shot and killed at Louisville motor vehicle office set to slash jobs \u2018imminently\u2019 Woman suspected of stealing $880K in \u2018TrumpCoin\u2019 Man rescued after 30-foot fall into hole Luigi Mangione makes 1st court appearance since arraignment More Stories envoy praises Zelenskyy after Trump\u2019s censure \u2026 Big transportation bill raises conerns over streets ABC4 Utah Video > Next > Next story in > Next story in 2/21/25, 8:11 professor charged with sexual battery sentenced 8/12 More Videos Here are Amazon\u2019s #1 bestsellers this week Holiday 2 days ago Le Creuset, Stanley and more top Amazon\u2019s \u2018hot\u2019 \u2026 Holiday 3 days ago Best Buy Presidents Day Sale: Apple, Samsung, Dyson \u2026 Holiday 4 days ago The best Presidents Day deals on Amazon today Holiday 4 days ago 10 Presidents Day small appliance deals you shouldn\u2019t \u2026 Holiday 4 days ago > Next > Next story in > Next story in 2/21/25, 8:11 professor charged with sexual battery sentenced 9/12 Utah's First Station and your destination for news, sports, weather and more across Utah The best Presidents Day deals to shop now Holiday 4 days ago View All BestReviews Picks 1 Utah killed in east Idaho helicopter crash 2 Granite School District responds to allegations 3 Rossi plea deal falls through for Utah Co. rape case 4 Over 1K vanity plates were denied in 2024 \u2014 Here\u2019s \u2026 5 Cox appoints former Moab police chief as head of \u2026 6 Suspects at large after teenager was shot in Sandy \u2026 7 What\u2019s passed, still to come from 2025 legislature 8 Father-son duo finds \u2018miracle\u2019 backpack while stranded 9 Church unveils 2 temple sites, groundbreaking \u2026 10 Big transportation bill raises conerns over streets > Next > Next story in > Next story in 2/21/25, 8:11 professor charged with sexual battery sentenced 10/12 News Salt Lake City, Utah, Weather ABC4 and CW30 Schedules Contests Community Gas Tracker: Find the cheapest gas prices in Utah Sports Politics from The Hill Pros4Utah: Utah\u2019s Business Experts Join the ABC4 30 Team Inside Utah Politics Meet the ABC4 Utah Team ABC4 Tipline About ABC4 Utah & CW30 Contact ABC4 and CW30 Careers With Us Report Public File Public File Nexstar Certification Video Programmer Closed Captioning Quality Certification Get News App Get Weather App Stay Connected > Next > Next story in > Next story in 2/21/25, 8:11 professor charged with sexual battery sentenced 11/12 Privacy Policy 11/18/2024 Terms Of Use Applications Public File Assistance Contact The Hill NewsNation BestReviews Content Licensing Nexstar Digital Journalistic Integrity Sitemap Do Not Sell or Share My Personal Information \u00a9 1998 - 2025 Nexstar Media Inc. \| All Rights Reserved > Next > Next story in > Next story in 2/21/25, 8:11 professor charged with sexual battery sentenced 12/12", "8598_103.pdf": "The attorney for a former professor charged with sexually assaulting one of his students wants access to the student's records in the Title office. However, the information being requested by subpoena may go against Utah's rape shield law, which limits the kinds of evidence a criminal defense attorney can obtain in a case involving sexual misconduct. 2/21/25, 8:11 Student's Title records subpoenaed in former professor's sexual abuse case Daily Universe 1/4 2/21/25, 8:11 Student's Title records subpoenaed in former professor's sexual abuse case Daily Universe 2/4 Former geography professor Michael Clay was charged last June with sexually assaulting one of his students during his time at the university Photo) Michael James Clay, 46, was charged last June with two second-degree felony counts of forcible sexual abuse in Provo\u2019s 4th District Court. Clay's attorney has filed motions to waive his initial appearance, originally scheduled for Oct. 5, 2020, four times. The law prohibits defense attorneys from introducing any 'evidence offered to prove that a victim engaged in other sexual behavior' and 'evidence offered to prove a victim\u2019s sexual predisposition.' 'The goal of the rule is to encourage the victims of sexual assault to report the crime without concern that they will be humiliated at trial with questions about their prior relationships,' said University of Utah law professor Louisa Heiny. 'We also want to ensure that the jury is making a decision based only on the facts of this case.' Heiny added that there are some exceptions to the rule. For example, the defense may be allowed to use evidence of prior false allegations of sexual assault to impeach \u2014 or question the integrity or credibility \u2014 of the alleged victim. 'However, a defendant who wishes to impeach the alleged credibility with his or her prior allegation of sexual assault must first demonstrate by a preponderance of the evidence that the allegation was false,' Heiny said. 'In essence, that means the defendant's first test is to show that it is more likely than not that the earlier allegation was false. That\u2019s not necessarily easy to do. The defense will need to work around lots of other evidentiary rules in order to meet that burden.' Clay's attorney argues the subpoena 'is not a speculative request or fishing expedition, and it is not a general request for impeachment purpose' but states that the student's Title records are 'highly relevant to (her) credibility.' Heiny said the subpoena strikes her as problematic. 'If were the prosecutor in this case would argue the subpoena itself should have been under seal' and not filed as a public court document, she said don\u2019t know if the defense will be given the information from the alleged victim\u2019s records, but the public request itself undermines the goals of the Utah rape shield rules.' Jerry Salcido, a Utah-based trial lawyer, disagrees. He said the subpoena would be an exception to the rape shield law. 'It wouldn't violate the rape shield law because it is information that if not admitted would violate the defendant's constitutional right to cross-examine the alleged victim as to her credibility and character for honesty,' he said. The Family Educational Rights and Privacy Act, which protests the privacy of students' educational records, may also come into play with the subpoena bulletin from the the National Crime Victim Law Institute says that although the law is unclear whether Title records fall within FERPA\u2019s definition of 'education records,' and are therefore entitled to FERPA\u2019s privacy protections, 'victims have a number of explicit rights that may be implicated by a subpoena for the victims\u2019 records related to a Title proceeding.' 2/21/25, 8:11 Student's Title records subpoenaed in former professor's sexual abuse case Daily Universe 3/4 Schools must ensure the subpoena is valid and make a valid attempt to notify students in advance of their compliance with such a subpoena. 'Although a school is not under an obligation to move to quash the subpoena on behalf of the victim, if the victim would prefer for the school to move on his or her behalf, it is best practice,' the bulletin says. Charging documents detail a power difference between the student and Clay \u2014 who is accused of using his influence within his department and the victim's field of study, the student's emotional vulnerability and religious priesthood authority to exploit the student. According to charging documents, Clay gave the victim a priesthood blessing and on another occasion, he \u201ctold her that he had prayed about her and felt inspired from God to engage in physical contact with the victim,\u201d and he 'told the victim that he knew that they were supposed to meet and help each other.\u201d Following Clay's charge, another student spoke out about his behavior, alleging that he created an atmosphere where 'students felt he was holding their futures hostage 2/21/25, 8:11 Student's Title records subpoenaed in former professor's sexual abuse case Daily Universe 4/4", "8598_104.pdf": "Ex professor sentenced to 2 years of probation in student sex abuse case \uf017 Published at 7:44 pm, June 27, 2023 Emily Ashcraft, KSL.com (KSL.com Utah judge said the sentence for a former professor who pleaded no contest to sexual battery involving students could have ended up very differently if he and the attorneys in the case hadn\u2019t already agreed to a Rule 11 plea \u2014 which means the judge agreed to impose the sentence proposed by the attorneys before the plea was signed. \u201cI\u2019ve got to say I\u2019m very concerned. Taking advantage of innocent students is just inexcusable. There is just no room for that type of behavior and grooming in our society,\u201d 4th District Judge Sean Petersen said Monday. Yet Michael James Clay, 48, was sentenced to no jail time, only two years of probation. Petersen described reading victim impact statements from two of three students who claimed they were assaulted by Clay while he was their professor at Brigham Young University. \u201cIn reading those, Mr. Clay, if you don\u2019t get a sense of what these victims have gone through and are going through, that is a serious problem do feel for these victims, the lives of these women will clearly be affected forever and that\u2019s of great concern to me,\u201d the judge said. Clay was initially charged with two counts of forcible sexual abuse. After two more students came forward, he was later charged with four additional counts of forcible sexual abuse. All were second- degree felonies. Prosecutors said the Springville man engaged in \u201cecclesiastical abuse to accomplish his sex abuse.\u201d Clay told one victim he had prayed about her and felt inspired by God to engage in physical contact 2/21/25, 8:11 Ex professor sentenced to 2 years of probation in student sex abuse case - East Idaho News 1/2 with her, and led her to believe that she could not turn him down, according to police. As part of a plea bargain with the Utah County Attorney\u2019s Office, Clay pleaded no contest to three reduced counts of sexual battery, a class misdemeanor, and all other charges were dismissed. With little comment Monday from attorneys about the sentence already agreed upon \u2014 including an attorney representing two of the victims \u2014 Petersen suspended sentences of 364 days in jail for each count and instead sentenced Clay to serve 24 months of probation and 50 hours of community service. He also ordered the man to take a sexual boundaries class and have no contact with the three victims. The judge said \u201cthere will be zero tolerance\u201d moving forward and encouraged Clay to comply completely with the terms of the agreement. When asked if he wanted to make a comment before the sentence, Clay told the judge he had nothing to say. In signing his plea, he wrote intentionally touched the buttocks of three adult women should have known it would cause affront or alarm.\u201d In charging documents, three students reported meeting with Clay in one-on-one interactions that mirrored therapy sessions. The women told police their then-professor used religion or his position as an associate professor or their employer to manipulate them. The first victim filed a police report against Clay in April of 2020 Police Lt. Jeff Long testified that the woman is an immigrant and was trying to get into the urban development program. Clay was head of that program at the time. Long said Clay admitted to him that he had skin-on-skin contact with the woman during a hug that was an \u201cinadvertent touch\u201d because the woman had a shirt with a high midriff. During the interview, Clay also confirmed he took the woman up Provo Canyon in a vehicle and said there may have been an accidental touch. The lieutenant also said Clay confirmed that there was one point when the woman was sitting on his lap, but Clay denied the \u201cdry humping\u201d that the woman reported. Clay confirmed to the officer that he had given the woman money to purchase clothing, and she pulled up her shirt to expose the bottom of a bra she had purchased. Long said the woman reported he had asked her to pull up her shirt to expose the bra. Provo police detective Scott Nielsen testified about two other victims \u2014 women who came forward after the charges related to the first woman were filed. He said another woman reported Clay touching her buttocks or tailbone during conversations about chakra. The professor would greet the victims with hugs, which became progressively longer and eventually led to him \u201cmoving his hands down (one woman\u2019s) back, and fondling her buttocks,\u201d according to the charging documents, which also allege that he held meditation sessions where he would have the student sit on his lap, straddling him, while he sat on the floor. One student told police that \u201calthough she did not want to participate with this touching, she was afraid of refusing\u201d because Clay was her boss and professor, and her progress in her field of study was at his \u201csole discretion.\u201d Defense attorneys Cara Tangaro and Scott Williams said in a statement after the plea that Clay entered the no-contest plea because he wanted to move his life forward and put the matter behind him. 2/21/25, 8:11 Ex professor sentenced to 2 years of probation in student sex abuse case - East Idaho News 2/2", "8598_105.pdf": "Editor s note: this article contains references to sexual battery. Reader discretion is advised. 2/21/25, 8:11 Ex professor admits to three counts of sexual battery in no contest plea Daily Universe 1/4 2/21/25, 8:11 Ex professor admits to three counts of sexual battery in no contest plea Daily Universe 2/4 Michael James Clay, 48, was a professor when he sexually abused female students. He is scheduled to be sentenced on June 26 Photo former professor pleaded no contest to three counts of sexual battery, a class misdemeanor, on May 9. Michael James Clay, 48, of Springville, Utah, was accused of inappropriately touching three women who were students while working as a professor in BYU\u2019s Department of Geography. In entering a no contest plea, Clay gave up the presumption of innocence. He also gave up his right to appeal his conviction, according to court documents. Additionally, Clay's acceptance of the allegations brought against him ensures the victims will not need to testify in court. Prosecutors agreed to reduce the charges from felonies to misdemeanors in exchange for his plea. The plea bargain entered into by Clay includes 24 months of private probation, 50 hours of community service, enrollment in a sexual boundaries course and no contact with victims. Clay may still be required to make restitution to any and all victims of his crimes, \u201cincluding any restitution that may be owed on charges that are dismissed as part of a plea agreement,\u201d according to the plea document. In his plea statement, Clay said intentionally touched the buttocks of three adult women. It was under circumstances should have known it would cause affront or alarm.\u201d Randy Spencer, who represented the victims, said they consented to the plea bargain in order to avoid the stress and anxiety of a trial, but they were not happy that the charges were reduced to misdemeanors. 'My clients hope that Michael Clay's conviction for three sexual battery counts is sufficient to put other people and employers on notice to not allow Mr. Clay to be in a situation where he can victimize vulnerable young women as he did in this matter,' Spencer said. The first woman to come forward with charges against Clay did so in April 2020. Two additional women subsequently came forward police said Clay initiated private, informal therapy sessions with female students. According to charging documents, he used ecclesiastical manipulation to accomplish his sexual abuse. Court reports state that Clay gave one victim a priesthood blessing. On a separate occasion, he told that same victim \u201che had prayed about her and felt inspired from God to engage in physical contact.\u201d Clay rubbed the buttocks of the student victim at least twice between January 15, 2020 and February 20, 2020, according to a probable cause statement submitted by Jeffrey W. Long of the Police Department on June 25, 2020. 2/21/25, 8:11 Ex professor admits to three counts of sexual battery in no contest plea Daily Universe 3/4 Clay also explicitly asserted his academic authority in conversations with the victim. He was in charge of the victim\u2019s program of study and had the ability to hire interns and teaching assistants within the department. When the victim suggested she might seek professional counseling independent of Clay, he said his methods were more effective. The victim expressed discomfort at Clay\u2019s sexual advances. Clay told the victim she \u201cneeded to practice and try to connect more.\u201d He asserted that his sexual abuse acted as therapy for past issues. 4th District Judge Sean Petersen will sentence Clay on June 26, 2023. The judge is not compelled to accept the plea bargain\u2019s proposed sentence, though it is typical 2/21/25, 8:11 Ex professor admits to three counts of sexual battery in no contest plea Daily Universe 4/4", "8598_106.pdf": "Former professor charged with 5 more counts of forcible sexual abuse Jan 25, 2022, 9:17 \| Updated: 9:36 am Former professor Michael James Clay was charged with an additional five counts of forcible sexual abuse on Jan. 14, 2022. Photo: Alison Fidel Share Former Digital Content Producer Live Text Alerts Video Podcasts Weather Traffic Menu 2/21/25, 8:11 Former professor charged with 5 more counts of forcible sexual abuse 1/5 PROVO, Utah former professor was charged with two counts of forcible sexual abuse of a student. Then, two other students came forward with allegations. Now, Michael James Clay will face 5 additional charges when he appears in court in February. Michael Clay was a professor at Brigham Young University. Three of his former students now allege he sexually abused them. The students allege he used religion and his authority as a professor in his abuse and to keep them from telling others. Clay is from Springville. He was the head of Urban and Regional Planning in the Geography Department at BYU. In his role with the university, Clay had the ability to hire interns and teaching assistants. The first victim The first victim who came forward with allegations against Clay was a student from outside of the United States. Clay told the student his office was a \u201csafe place,\u201d according to court documents. They met over a dozen times. When the student brought up the possibility of seeking counseling from a mental health professional, Clay allegedly told the student they should stop meeting if she did this. On one occasion, Clay reportedly told the victim that he had prayed about her. He said he felt inspired by God to engage in physical contact with the victim. In winter 2020, Clay allegedly forcibly sexually abused the first student who would come forward with claims. The second and third victims The second student who alleged Clay abused her began working for the former professor in 2017. Clay was in a position of authority over 2/21/25, 8:11 Former professor charged with 5 more counts of forcible sexual abuse 2/5 the student as the head of the department she was majoring in and as her boss at his private firm. Like the first student\u2019s allegations, the second student claimed Clay would tell her their meetings were a replacement for therapy with a mental health professional. He also allegedly gave the student priesthood blessings and asked her about her sex life. When Clay began the alleged sexual abuse, the student claimed she was afraid of refusing because of his power in her field of study and career aspirations. The touching only stopped when their meetings ended with the onset of the COVID-19 pandemic. The third victim also worked for Clay as an intern in 2018 and 2019. The student said Clay told her he had \u201csingle handedly put together the broken pieces of many girls and that if she wanted to feel Heavenly Father\u2019s love again she would need to come and talk to him in his office.\u201d As with the claims of the other two students, the third student said these meetings that were under the guise of counseling sessions. During the meetings Clay asked her inappropriate questions; questions about her sex life and masturbation. It was also during these meetings Clay allegedly sexually abused her. Seven charges, three similar accounts of sexual abuse from former professor With the claims of three students, Clay now faces 7 total charges of sexual assault. The first two charges came from statements made by the international student. The added five charges came from the two students who worked for Clay both at and at his private firm. Clay is scheduled to appear in court on February 14. 2/21/25, 8:11 Former professor charged with 5 more counts of forcible sexual abuse 3/5 Share Other stories: Teacher claims school district retaliated against her after she reported students were sexually harassed Police now have persons of interest in Moab double murder case Bill would create exemptions under stalking laws, concerns raised We want to hear from you. Have a story idea or tip? Send it to the NewsRadio team here. Sponsored Articles The Law Offices of Jordan F. Wilcox Tax time is approaching. What to do if you have debilitating debt Is the threatening you with wage garnishment, asset seizure or business closure? Here are some ideas to resolve your tax dilemma. Bear Lake Convention and Visitors Bureau Get ready for an unforgettable skijoring adventure in Bear Lake! \u201cSkijoring the Bear\u201d takes place this year on February 21-22 in Garden City, Utah. 2/21/25, 8:11 Former professor charged with 5 more counts of forcible sexual abuse 4/5 Clear Sky Resorts Bryce Canyon Your front row to an extraordinary cosmos show As America's first glass dome stargazing resort, Clear Sky Resorts Bryce Canyon is one of the world\u2019s most unique and spectacular places to stay. Bear Lake Convention & Visitors Bureau The best ways to spend your Christmas vacation in Bear Lake If you're dreaming of a white Christmas this year, Bear Lake should definitely be on your radar. Read this guide for more! Western Nut Our favorite family Christmas activities in Utah We gathered up a list of our favorite activities, movies, and treats to try this holiday season that the whole family can enjoy. Comcast Business Tips to protect yourself from phishing attacks Check out this resource from Comcast Business to learn more about phishing attacks and how to protect yourself from becoming a victim of one. 2/21/25, 8:11 Former professor charged with 5 more counts of forcible sexual abuse 5/5", "8598_107.pdf": "\uf111 \uf111 Deseret News Deseret Magazine Latest Politics Utah \uf0d7 Sports \uf0d7 More \uf0d7 \uf002 Report ad Former professor charged with sexually abusing student Published: June 25, 2020, 2:46 p.m 2/21/25, 8:12 Former professor charged with sexually abusing student \u2013 Deseret News 1/8 Report ad By Pat Reavy Springville man was charged Thursday with sexually abusing a student while he was an associate professor at Brigham Young University. Michael James Clay, 45, is charged in 4th District Court with two counts of forcible sexual abuse, a second-degree felony. Clay was head of the Urban and Regional Planning in the Geography Department at BYU, according to his online bio spokeswoman Carri Jenkins on Thursday said Clay has not been an employee of the university since about mid-April and referred all other questions to the Utah County Attorney\u2019s Office. Between January and March he was in charge of the program at the school the student was involved with, according to charging documents. \u201c(Clay) has the authority to hire interns and teaching assistants in connection with this program. (He) told the victim that if she trusted him more, he might be able to hire her but that he wanted to wait to see how she improved. (Clay) told the victim that he is very powerful in the victim\u2019s field of study,\u201d according to the charges. During a meeting with Clay, the woman, who is originally from another country, said she told him she \u201cwas having some emotional difficulties.\u201d \u201c(Clay) told the victim that he could make her feel better and make all the negative feelings go away,\u201d according to the charges. \u201c(Clay) said he could work on her disorders and the negative feelings and that he could be her emotional and physical support. The victim considered (Clay) to be a mentor and a therapist.\u201d The woman said she met with Clay more than 20 times in his office. During that time, she said he would play \u201cmeditation music\u201d and \u201ctold the victim that his office was a safe place and that she should not tell anyone what went on there,\u201d the charges state. Clay also told the woman to delete the text messages he would send her, according to police professor Michael James Clay, 45, of Springville, has been charged in Provo\u2019s 4th District Court with two counts of forcible sexual abuse, a second-degree felony. He is accused of sexually abusing one of his students. Brigham Young University 2/21/25, 8:12 Former professor charged with sexually abusing student \u2013 Deseret News 2/8 \u201c(He) told the victim that she needed to change her body chemistry and that she needed to practice how to be a good wife and that (he) could help her,\u201d the charges state. At one point, the woman talked about meeting with a counselor or psychiatrist, but Clay told her that \u201cmeeting with him was more effective.\u201d Other text messages included Clay telling the woman he thought they were \u201cmaking good progress\u201d and that his job was to \u201chelp (her) on the inside\u201d and that maybe they should see each other more often, the charges allege. \u201cOn one occasion, (Clay) gave the victim a priesthood blessing. On another occasion, (he) told the victim that he had prayed about her and felt inspired from God to engage in physical contact with the victim,\u201d according to charging documents. Sometime between Jan. 15 and Feb. 15, Clay drove the woman up a canyon in Utah County touched the woman\u2019s buttocks over her clothing, the charges state. \u201c(Clay) asked if it was OK. The victim said it was because she felt like she had to say yes.\u201d During a meeting in February in Clay\u2019s office, Clay had the woman sit on his lap by straddling him, according to the charges. \u201c(Clay) asked the victim if she enjoyed it. The victim said she did not and that it kind of hurt. (He) said the victim needed to practice and to try to connect more. (Clay) led the victim to believe that this was somehow therapy for past issues,\u201d the charging documents say. Clay did not immediately respond to requests for comment Thursday. Utah Today Get all the news that's happening in the Beehive State in one place, as well as major national and world news that you value. Email Address By signing up, you agree to our Privacy Notice and European users agree to the data transfer policy. 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Click the buttons at the top or within the article to view them \u2014 or use the button below for quick access Report ad Most Popular Analysis: BYU\u2019s blasting of No. 23 Kansas shows it has the potential to do big things in Big 12 Utah lawmakers work to ensure modesty, privacy for children in schools Deseret News Photo gallery special makeover Deseret News president taking brief sabbatical following husband's unexpected\u2026 Deseret News 2/21/25, 8:12 Former professor charged with sexually abusing student \u2013 Deseret News 5/8 As Utah State legend Wayne Estes is honored, his teammate remembers a great friend \u2014 and an unwise decision BYU\u2019s win over Kansas leaves elite blue blood smoldering What to make of unranked after virtuoso performance against Kansas? What Kansas coach Bill Self said after losing to 2/21/25, 8:12 Former professor charged with sexually abusing student \u2013 Deseret News 6/8 Is catching No. 23 Kansas at the right time? Sen. 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All Rights Reserved Terms of Use \u2022 Privacy Notice Notice of Collection \u2022 Cookie Policy \u2022 Cookie Preferences 2/21/25, 8:12 Former professor charged with sexually abusing student \u2013 Deseret News 8/8", "8598_108.pdf": "Former professor Michael James Clay has been charged with five additional counts of forcible sexual abuse, a second-degree felony, and is scheduled to appear in court Feb. 14. Former professor charged with 5 additional counts of forcible sexual abuse The attorney for a former professor charged with sexually assaulting one of his students wants access to the student's records in the Title office. Student's Title records subpoenaed in former professor's sexual abuse case 2/21/25, 8:12 michael clay Daily Universe 1/2 former geography professor has waived his right to a preliminary hearing in Provo's 4th District Court on two second-degree felony counts of forcible sexual abuse. Former professor charged with sexually assaulting a student waives right to preliminary hearing Read in English: Former professor charged with sexually abusing a student Se acusa ex-profesor de con abuso sexual de una estudiante 2/21/25, 8:12 michael clay Daily Universe 2/2", "8598_109.pdf": "Why a judge said he\u2019s \u2018extremely concerned\u2019 by ex professor\u2019s abuse of female students Michael James Clay, 48, was sentenced in a plea deal Monday on three charges of sexual battery. (Tribune file photo) The campus in Provo on Wednesday, June 1, 2016. On Monday, June 26, 2023, former professor Michael James Clay was sentenced for three misdemeanor charges of sexual battery. By Courtney Tanner \| June 27, 2023, 2:04 p.m. \| Updated: 6:01 p.m Utah judge said it\u2019s \u201cinexcusable\u201d that a former Brigham Young University professor used his position to prey on and sexually abuse three of his female students. Report This Ad Comment 2/21/25, 8:12 Ex professor\u2019s abuse of female students \u2018inexcusable,' says Utah judge 1/10 In a hearing Monday, Judge Sean Petersen said he read personal statements from the professor\u2019s victims and believes \u201cthe lives of these women will clearly be affected forever have to say, I\u2019m extremely concerned,\u201d Petersen said. \u201cTaking advantage of innocent students is just inexcusable. There\u2019s just no room for that type of behavior and grooming in our society.\u201d His strong statement came during the sentencing for Michael James Clay, 48. Clay was the previous leader of the Urban and Regional Planning program in the Geography Department at BYU, which is operated by The Church of Jesus Christ of Latter-day Saints. His case drew widespread attention when he was initially charged in 2020, when the first student reported to campus police. She said the professor told her he was inspired by God to touch her \u2014 even after she told him she wasn\u2019t comfortable with it. The school said his employment there ended in April 2020, when Clay quit. Then, about a year later, two more women came forward with similar allegations, saying Clay also abused his position as their teacher and their boss. One of the women said he Cancer treatment for homeless people in Salt Lake Cit\u2026 2/21/25, 8:12 Ex professor\u2019s abuse of female students \u2018inexcusable,' says Utah judge 2/10 misrepresented his role in the Church and gave her a blessing to seek counseling from him; he was not qualified to provide therapy. Both said he pushed his body against theirs, while he reminded them of the control he had over their futures do feel for these victims,\u201d Judge Petersen said. Clay was eventually charged with seven felonies, which Utah County prosecutors later trimmed to three counts of forcibly sexually abusing the three female students. But in a plea deal with prosecutors agreed to last month, Clay was allowed to plead no contest to three misdemeanors of sexual battery. And while Clay signed a statement acknowledging he touched the women and \u201cshould have known it would cause affront or alarm,\u201d his attorneys have contended the former professor was wrongfully accused and have maintained his innocence. During his sentencing for the misdemeanors Monday, Clay declined to comment when the judge asked if he had anything he wanted to say have nothing to say, your honor,\u201d Clay responded. His attorney, Cara Tangaro, said the same: \u201cWe don\u2019t really have much to say.\u201d She asked the judge to approve the terms agreed on in the plea deal. And he did. Clay was sentenced to two years of probation, 50 hours of community service and required counseling on sexual boundaries. He is also prohibited from contacting the women. 2/21/25, 8:12 Ex professor\u2019s abuse of female students \u2018inexcusable,' says Utah judge 3/10 Petersen said if Clay violates those terms or violates the law in any other way during his two years of probation, there will be \u201czero tolerance.\u201d The judge also told Clay that he was lucky to receive the plea deal. \u201cWithout the state\u2019s agreement with the defendant, things today very well may be different,\u201d he said. An attorney representing two of the women said they did not want to speak at the sentencing; The Salt Lake Tribune reached out to him for comment afterward and did not receive a response. The third woman did not appear at the hearing. In the charging documents, police wrote that Clay \u201cused his position as a university professor, employer and priesthood holder in the Church to control and manipulate the young women. \u2026 In doing so, defendant took advantage of the victims and manipulated them for the purpose of sexual gratification.\u201d Clay allegedly groped the students and threatened to withhold letters of recommendation and job opportunities if they told anyone; Clay was in a unique position where he had sole control over opportunities in the program. The allegations from the women spanned from 2017 to 2020. The first woman who came forward said she met with Clay more than 20 times, and he would tell her that his \u201coffice was a safe place and that she should not tell anyone what went on there,\u201d she told officers. He allegedly told her that he had prayed and felt inspired by God to fondle her. Later, in February 2020, the woman said Clay asked her to straddle his lap, according to the charges. She told him to stop touching her, but she said he didn\u2019t. With all of the students, Clay allegedly initiated private counseling sessions, they said, and misrepresented himself as a religious leader in the Church who could offer 2/21/25, 8:12 Ex professor\u2019s abuse of female students \u2018inexcusable,' says Utah judge 4/10 them blessings. With two of the women, Clay also supervised them in non-campus jobs at his private firm. The second woman to report said she began working for Clay around January 2017. His long hugs, she told police, turned into him holding her and fondling her. He also asked her intimate questions about her sexual experiences, she alleged. She, too, said Clay pushed her to straddle him. The third woman was a student and intern at his private firm, as well. She said she was groped by Clay from January 2018 through December 2019 and that the then-professor also would grind his body up against her. She said that he also asked her inappropriate questions. [email protected] Follow @CourtneyLTanner Donate to the newsroom now. The Salt Lake Tribune, Inc. is a 501(c)(3) public charity and contributions are tax deductible Ex professor takes plea deal in case involving sexual battery of three female students leader Brad Wilcox named graduation speaker at BYU-Idaho a year after his controversial remarks on race This student\u2019s new art show is based on her experience being and Mother of autistic fan temporarily banned by speaks out about son being wrongly accused of shouting slurs students of color say there is racism on campus \u2014 regardless of what you think about the volleyball incident 2/21/25, 8:12 Ex professor\u2019s abuse of female students \u2018inexcusable,' says Utah judge 5/10 Safety, nuclear waste, water use: Here\u2019s what you need to know about Utah\u2019s nuclear push \u2018The teachings of Jesus Christ are a whole lot closer to the teachings of Madison,\u2019 scholar says, \u2018than to the teachings of MAGA.\u201d Report This Ad 2/21/25, 8:12 Ex professor\u2019s abuse of female students \u2018inexcusable,' says Utah judge 6/10 This is not \u2018real collaboration Mayor Mendenhall pushes back against state lawmakers over policing bill New York Duplex 107 Stories Above Central Park Lists for $175 Million Mansion Global \| Sponsored Pakistan: The Cost Of Solar Panels May Surprise You(See Prices) Search Ads \| Sponsored Discover Options For Degree In USA. 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Now, these parents are asking Utah lawmakers to beef up oversight. \u2018The pope is fine,\u2019 doctors say, but \u2018not out of danger\u2019 Trump may use Hill Air Force Base, other military sites to detain migrants Utah dies in Idaho reservoir helicopter crash Facebook Twitter Instagram YouTube Subscribe to print + digital Subscribe to digital only Digital access for print subscribers Email newsletters Login to your print account Login to your digital account Subscription FAQs Help and contact info Gift Subscriptions History and mission Our nonprofit model Board and advisers Officers and staff Supporters Advertise with us Legal notices Store Podcasts Archives 2/21/25, 8:12 Ex professor\u2019s abuse of female students \u2018inexcusable,' says Utah judge 8/10 Donors and tax filing Privacy policy California privacy Editorial policies and ethics Story Tips Support The Tribune Donate Cookie Preferences Commenting Policy Report a missed paper by emailing [email protected] or calling 801-237-2900 For e-edition questions or comments, contact customer support 801-237-2900 or email [email protected] sltrib.com \u00a9 1996-2025 The Salt Lake Tribune. All rights reserved. 2/21/25, 8:12 Ex professor\u2019s abuse of female students \u2018inexcusable,' says Utah judge 9/10 2/21/25, 8:12 Ex professor\u2019s abuse of female students \u2018inexcusable,' says Utah judge 10/10", "8598_110.pdf": "facts summary sources add info Positions professor, Church employee, Scout leader, Youth leader During crime professor, Church employee Criminal: Community service, Convicted, No contest, Probation Civil: No civil case Victims: 3 victims, Multiple victims Born: 1974 Mr. Clay, Professor Clay, Mike Clay Mission: no Locations: Utah was an church member and professor in Provo, Utah; charged with sexually abusing three students; entered a plea bargain in May 2023 in which he agreed to plead no contest to three class misdemeanor charges of sexual battery, complete 24 months of probation, do 50 hours of community service, and take a sexual boundaries course; sentenced in June 2023 according to the plea deal Help FLOODLIT.org raise awareness about sexual abuse in the Church of Jesus Christ of Latter-day Saints (LDS/Mormon). Our growing public database (over 4,000 case reports) and relentless research have helped to hold perpetrators and enablers accountable. Your donations make it possible for us to shine a bright light of support for abuse survivors everywhere. Michael James Clay Find a name/place/keyword Database of accused \uf17e Report abuse \uf488 Contact \uf465 Donate \uf487 \ue410Donate 2/21/25, 8:12 Michael James Clay Mormon sex abuse case 1/21 facts summary sources add info Summary Utah Case #20140964, offender number 259586 \u2014 Michael Clay was a Mormon church member and professor in Provo, Utah. FLOODLIT\u2019s sources report that Clay once served as a young men\u2019s president and a scoutmaster in his Mormon ward in Utah. In May 2023, Clay agreed to plead no contest to three class misdemeanor charges of sexual battery. On June 26, 2023, Clay was sentenced according to the plea deal terms. \u2014 from the Deseret News on June 25, 2020 Springville man was charged Thursday with sexually abusing a student while he was an associate professor at Brigham Young University. Michael James Clay, 45, is charged in 4th District Court with two counts of forcible sexual abuse, a second-degree felony. Clay was head of the Urban and Regional Planning in the Geography Department at BYU, according to his online bio spokeswoman Carri Jenkins on Thursday said Clay has not been an employee of the university since about mid-April and referred all other questions to the Utah County Attorney\u2019s Office. Between January and March he was in charge of the program at the school the student was involved with, according to charging documents. \u201c(Clay) has the authority to hire interns and teaching assistants in connection with this program. (He) told the victim that if she trusted him more, he might be able to hire her but that he wanted to wait to see how she improved. (Clay) told the victim that he is very powerful in the victim\u2019s field of study,\u201d according to the charges. During a meeting with Clay, the woman, who is originally from another country, said she told him she \u201cwas having some emotional difficulties.\u201d \u201c(Clay) told the victim that he could make her feel better and make all the negative feelings go away,\u201d according to the charges. \u201c(Clay) said he could work on her disorders and the Donate \u00bb 2/21/25, 8:12 Michael James Clay Mormon sex abuse case 2/21 negative feelings and that he could be her emotional and physical support. The victim considered (Clay) to be a mentor and a therapist.\u201d The woman said she met with Clay more than 20 times in his office. During that time, she said he would play \u201cmeditation music\u201d and \u201ctold the victim that his office was a safe place and that she should not tell anyone what went on there,\u201d the charges state. Clay also told the woman to delete the text messages he would send her, according to police. \u201c(He) told the victim that she needed to change her body chemistry and that she needed to practice how to be a good wife and that (he) could help her,\u201d the charges state. At one point, the woman talked about meeting with a counselor or psychiatrist, but Clay told her that \u201cmeeting with him was more effective.\u201d Other text messages included Clay telling the woman he thought they were \u201cmaking good progress\u201d and that his job was to \u201chelp (her) on the inside\u201d and that maybe they should see each other more often, the charges allege. \u201cOn one occasion, (Clay) gave the victim a priesthood blessing. On another occasion, (he) told the victim that he had prayed about her and felt inspired from God to engage in physical contact with the victim,\u201d according to charging documents. Sometime between Jan. 15 and Feb. 15, Clay drove the woman up a canyon in Utah County touched the woman\u2019s buttocks over her clothing, the charges state. \u201c(Clay) asked if it was OK. The victim said it was because she felt like she had to say yes.\u201d During a meeting in February in Clay\u2019s office, Clay had the woman sit on his lap by straddling him, according to the charges. \u201c(Clay) asked the victim if she enjoyed it. The victim said she did not and that it kind of hurt. (He) said the victim needed to practice and to try to connect more. (Clay) led the victim to believe that this was somehow therapy for past issues,\u201d the charging documents say. Clay did not immediately respond to requests for comment Thursday.\u201d \u2014 from the Salt Lake Tribune on May 18, 2023: \u201cEx professor takes plea deal in case involving sexual battery of three female students Michael James Clay, originally charged with felonies, has pleaded no contest to three misdemeanor counts. (Tribune file photo) The campus in Provo on Wednesday June 1, 2016. On Monday, May 8, 2023, former professor Michael James Clay pleaded no contest to sexual battery charges involving three of his female students. The first Brigham Young University student who reported Michael James Clay to police said the professor told her he was inspired by God to touch her \u2014 even after she told him 2/21/25, 8:12 Michael James Clay Mormon sex abuse case 3/21 she wasn\u2019t comfortable with it. Then two more women came forward with similar allegations, saying Clay also abused his position as their teacher and their boss. One of the women said he misrepresented his role in The Church of Jesus Christ of Latter-day Saints, which operates BYU, and gave her a blessing to seek counseling from him; he was not qualified to provide therapy. Both said he pushed his body against theirs, while he reminded them of the control he had over their futures. The now-former professor was eventually charged with seven felonies, which Utah County prosecutors later trimmed to three counts of forcibly sexually abusing the three female students. Clay, 48, was scheduled to stand trial last week. But in a plea deal with prosecutors, Clay has instead pleaded no contest to three misdemeanors. And while Clay signed a statement acknowledging he touched the women and \u201cshould have known it would cause affront or alarm,\u201d his attorneys contend the former professor was wrongfully accused and maintains his innocence. \u201cWhen a person is assailed by allegations of sexual harassment, especially in the present social circumstance, and suffers the resources of the government on the side of the accuser, the accused may chose to plead no contest to misdemeanors and move his life forward,\u201d they said in an emailed statement. \u201cThat is the path that Mr. Clay has chosen.\u201d The Utah County Attorney\u2019s Office, which has prosecuted the case, did not respond to a request for comment about the plea agreement. In the deal, which a judge has approved, Clay agreed to two years of probation, some community service and counseling on sexual boundaries. His formal sentencing hearing is set for June 26. Clay was the previous head of the Urban and Regional Planning program in the Geography Department at BYU. His case drew widespread attention when he was first charged in 2020, in connection with the first woman who reported to police. The school said his employment there ended in April 2020 little more than a year later, two more students reported to campus police that they had similar interactions with Clay, where he allegedly groped them and threatened to withhold letters of recommendation and job opportunities if they told anyone; Clay was in a unique position where he had sole control over opportunities in the program. The allegations with all three women spanned from 2017 to 2020. Clay \u201cused his position as a university professor, employer and priesthood holder in the Church to control and manipulate the young women,\u201d charging documents alleged. \u201c\u2026 In doing so, defendant took advantage of the victims and manipulated them for the purpose of sexual gratification.\u201d Additional charges were added at that time four-day trial for Clay had been slated to start Monday. 2/21/25, 8:12 Michael James Clay Mormon sex abuse case 4/21 Clay was a professor of the three women and offered to counsel each as they told him about their personal struggles, according to police documents, though he was not qualified to do so. The first woman who came forward said she met with Clay more than 20 times, and he would tell her that his \u201coffice was a safe place and that she should not tell anyone what went on there,\u201d she told officers. According to Police, Clay instructed the woman to delete any texts he sent her. At the start of 2020, the woman said, Clay drove her up a canyon in Utah County and touched her over her clothes. She told police she felt she had to say \u201cyes\u201d because of the authority Clay had over her at school. He allegedly told her that he had prayed and felt inspired by God to fondle her. Later, in February 2020, the woman said Clay asked her to straddle his lap, according to the charges. She told him to stop touching her, but she said he didn\u2019t. With all of the students, Clay allegedly initiated private counseling sessions, they said, and misrepresented himself as a religious leader in the Church who could offer them blessings. With two of the women, Clay also supervised them in non-campus jobs at his private firm. Police say he leveraged that control over them. The second woman to report said she began working for Clay around January 2017. His long hugs, she told police, turned into him holding her and fondling her. He also asked her intimate questions about her sexual experiences, she alleged. She, too, said Clay pushed her to straddle him. \u201cShe stated that defendant was not only her boss at the university and at his private firm, but her progress in her field of study was at defendant\u2019s sole discretion,\u201d according to charging documents, which also said Clay \u201coften reminded victim of that fact.\u201d She said he also used their shared religion to \u201cmanipulate her into feeling a certain way.\u201d The third woman was a student and intern at his private firm, as well. She said she was groped by Clay from January 2018 through December 2019 and that the then-professor also would grind his body up against her. He additionally asked her inappropriate questions, she said. The charging documents stated: \u201cWhen defendant discussed these things, he said he had a rule that what was said in his office stayed in his office, indicated that if she told people what he said that he could not trust her, and said that he would never recommend anyone for jobs if he could not trust that person.\u201d\u201d \u2014 from ABC4 on May 19, 2023 previous version of the article reported Clay pleaded guilty to charges, when instead he pleaded no contest. We apologize for the error. 2/21/25, 8:12 Michael James Clay Mormon sex abuse case 5/21 PROVO, Utah (ABC4) \u2014 The former professor charged with sexual battery of his student interns and employees accepted a plea deal. Michael James Clay, 49, was initially charged with seven counts of forcible sexual abuse, all 2nd-degree felonies, to which he pleaded not guilty. The charges were amended to three counts of sexual battery, all class misdemeanors, to which he pleaded no contest. Previous to his charges, Clay was a geography department professor at BYU. In June 2020, Clay was accused of sexually abusing one of his former students. Two other students later came forward with similar allegations. According to the court documents, Clay had sole control over the geography department and was able to hire students to perform research using university funds. Clay also hired students through his private firm, the document states. \u201c[Clay] used his position as a university professor, employer, and priesthood holder in the Church to control and manipulate young women,\u201d the court document states. In approximately January 2017, a student was working for Clay and performing research for him both at and at his private firm. According to court documents, she told Clay she was experiencing personal problems and began to meet with him in his office. She said the visits became more regular often two to three times per week until they stopped in March 2020 due to covid. When the student first started going to Clay\u2019s office, she said he would greet her with a hug. She said the hugs got progressively longer, making her uncomfortable. Eventually, the hugs turned into him holding her moving his hands down her back and holding her butt. Clay told the student that they needed to meditate to help her with her anxiety. He would reportedly talk to her about her sex life and tell her that meditation was important for a healthy sex life. During the meetings, Clay would have the student sit on his lap straddling him for around 20 minutes. According to court documents, the student told Clay she was considering getting a therapist instead. Clay allegedly told her she could do that if she wanted to tell her feelings to someone who didn\u2019t care about her, or she could continue meeting with him because he actually understood and cared for her. The student told officials that while she did not want to participate in the touching, she was afraid of refusing to do what Clay wanted. She said not only was Clay her boss at the university and at his private firm, but her progress in her field of study was at his sole discretion. Reportedly, Clay would often remind her of that fact, and give her priesthood blessings to try to manipulate her into feeling a certain way. Between Jan. 1, 2018, and Dec. 31, 2019, another female student was an intern and employee at his private firm. As with the first victim, Clay allegedly manipulated her into having counseling sessions with him. Clay reportedly told her that he had single-handedly put together the broken pieces of many girls, and if she wanted to feel Heavenly Father\u2019s love, she would need to talk to him. 2/21/25, 8:12 Michael James Clay Mormon sex abuse case 6/21 The student said that their counseling sessions quickly turned into talking almost exclusively about sexual things and then into physical contact. Clay also engaged in ecclesiastical abuse to accomplish his abuse of the student, the court record states. He would allegedly frequently tell her she was out of spiritual alignment and held a \u201ctea ceremony\u201d to help her. During the ceremony, he allegedly asked her to pledge her obedience to him. The victim said she eventually agreed, but later that day told him she would no longer be able to attend their weekly meetings over the summer. Clay reportedly said if she wasn\u2019t going to commit to something, he no longer needed her to come to internship meetings. In early 2020, Clay reportedly began meeting with a third student and told her that he was very powerful in her field of study, and may be able to give her an internship if she trusted him. She said she expressed to Clay that she was having some emotional difficulties, and Clay told her he could make her negative feelings go away. They met in his office around 20 times, the student reported. Clay allegedly told the student his office was a safe place and not to tell anyone what went on there. He told her he could be her emotional and physical support. They would communicate via text messages, and Clay allegedly told her to delete the messages and wanted to check her phone to make sure she deleted them. Sometime between mid-January 2020 and February 2020, Clay drove the student up the canyon, and after walking outside they got in the backseat of his car. Clay then allegedly touched her inappropriately and asked if it was okay with her. She said okay because she said she felt like she had to say yes. On one occasion, Clay told the student he felt inspired by God to engage in physical contact. She said she believed him at the time. On Feb. 19 or 20, they met in his office where Clay then allegedly touched her inappropriately. The student told Clay \u201cThat\u2019s enough\u201d and \u201cI\u2019m good\u201d several times before he finally stopped. According to charging documents, Clay said she needed to practice and reportedly told her it would help her. According to court records, Clay told the student she needed to change her body chemistry and practice in order to be a good wife. At one point, the student said she was thinking about meeting with a psychiatrist, but Clay told her that meeting with him was more effective. In March 2020, due to the pandemic, Clay allegedly stopped meeting with at least one of the victims. It was shortly after this that they came forward with their allegations. Clay\u2019s sentencing is scheduled for June 26 at the 4th District Court in Provo, Utah. \u201d \u2014 from Gephardt Daily on 2023-06-26: \u201cPROVO, Utah, June 26, 2023 (Gephardt Daily former Brigham Young University associate professor accused of sexually abusing three students was sentenced Monday to two years of probation after pleading no contest to reduced charges. 2/21/25, 8:12 Michael James Clay Mormon sex abuse case 7/21 Michael James Clay, 48, was charged in June 2020 with two counts of forcible sexual abuse, a second-degree felony, for allegedly touching students inappropriately in January and February 2020 while working in BYU\u2019s geography department. On May 8, Clay pleaded no contest to three class misdemeanor counts of sexual battery, one for each student. Clay will serve no jail time under the sentence issued by 4th District Judge Sean Petersen, who ordered the Springville man to serve 24 months of probation, 50 hours of community service and complete a sexual boundaries course. The sentence also stipulates no contact with the victims. Clay\u2019s statement filed in Provo\u2019s 4th District Court says he \u201cintentionally touched the buttocks of three adult women.\u201d \u201cIt was under circumstances should have known it would cause affront or alarm,\u201d it concludes. Clay was no longer employed by when charges were filed in June 2020. Charging documents say the illegal touching took place in his Provo office and his vehicle.\u201d \u2014 from on 2023-06-26: \u201cPROVO, Utah Utah judge said the sentence for a former professor who pleaded no contest to sexual battery involving students could have ended up very differently if he and the attorneys in the case hadn\u2019t already agreed to a Rule 11 plea \u2014 which means the judge agreed to impose the sentence proposed by the attorneys before the plea was signed. \u201cI\u2019ve got to say I\u2019m very concerned. Taking advantage of innocent students is just inexcusable. There is just no room for that type of behavior and grooming in our society,\u201d 4th District Judge Sean Petersen said Monday. Yet Michael James Clay, 48, was sentenced to no jail time, only two years of probation. Petersen described reading victim impact statements from two of three students who claimed they were assaulted by Clay while he was their professor at Brigham Young University. \u201cIn reading those, Mr. Clay, if you don\u2019t get a sense of what these victims have gone through and are going through, that is a serious problem do feel for these victims, the lives of these women will clearly be affected forever and that\u2019s of great concern to me,\u201d the judge said. Clay was initially charged with two counts of forcible sexual abuse. After two more students came forward, he was later charged with four additional counts of forcible sexual abuse. All were second-degree felonies. 2/21/25, 8:12 Michael James Clay Mormon sex abuse case 8/21 Prosecutors said the Springville man engaged in \u201cecclesiastical abuse to accomplish his sex abuse.\u201d Clay told one victim he had prayed about her and felt inspired by God to engage in physical contact with her, and led her to believe that she could not turn him down, according to police. Michael James Clay, a former professor accused of sexually assaulting three students, was sentenced to two years of probation and 50 years of community service for three counts of sexual battery, a class misdemeanor. Michael James Clay, a former professor accused of sexually assaulting three students, was sentenced to two years of probation and 50 years of community service for three counts of sexual battery, a class misdemeanor. (Brigham Young University) As part of a plea bargain with the Utah County Attorney\u2019s Office, Clay pleaded no contest to three reduced counts of sexual battery, a class misdemeanor, and all other charges were dismissed. With little comment Monday from attorneys about the sentence already agreed upon \u2014 including an attorney representing two of the victims \u2014 Petersen suspended sentences of 364 days in jail for each count and instead sentenced Clay to serve 24 months of probation and 50 hours of community service. He also ordered the man to take a sexual boundaries class and have no contact with the three victims. The judge said \u201cthere will be zero tolerance\u201d moving forward and encouraged Clay to comply completely with the terms of the agreement. When asked if he wanted to make a comment before the sentence, Clay told the judge he had nothing to say. In signing his plea, he wrote intentionally touched the buttocks of three adult women should have known it would cause affront or alarm.\u201d In charging documents, three students reported meeting with Clay in one-on-one interactions that mirrored therapy sessions. The women told police their then-professor used religion or his position as an associate professor or their employer to manipulate them. The first victim filed a police report against Clay in April of 2020 Police Lt. Jeff Long testified that the woman is an immigrant and was trying to get into the urban development program. Clay was head of that program at the time. Long said Clay admitted to him that he had skin-on-skin contact with the woman during a hug that was an \u201cinadvertent touch\u201d because the woman had a shirt with a high midriff. During the interview, Clay also confirmed he took the woman up Provo Canyon in a vehicle and said there may have been an accidental touch. The lieutenant also said Clay confirmed that there was one point when the woman was sitting on his lap, but Clay denied the \u201cdry humping\u201d that the woman reported. Clay confirmed to the officer that he had given the woman money to purchase clothing, and she pulled up her shirt to expose the bottom of a bra she had purchased. Long said the woman reported he had asked her to pull up her shirt to expose the bra. 2/21/25, 8:12 Michael James Clay Mormon sex abuse case 9/21 facts summary sources add info Provo police detective Scott Nielsen testified about two other victims \u2014 women who came forward after the charges related to the first woman were filed. He said another woman reported Clay touching her buttocks or tailbone during conversations about chakra. The professor would greet the victims with hugs, which became progressively longer and eventually led to him \u201cmoving his hands down (one woman\u2019s) back, and fondling her buttocks,\u201d according to the charging documents, which also allege that he held meditation sessions where he would have the student sit on his lap, straddling him, while he sat on the floor. One student told police that \u201calthough she did not want to participate with this touching, she was afraid of refusing\u201d because Clay was her boss and professor, and her progress in her field of study was at his \u201csole discretion.\u201d Defense attorneys Cara Tangaro and Scott Williams said in a statement after the plea that Clay entered the no-contest plea because he wanted to move his life forward and put the matter behind him.\u201d Sources 1. marriage announcement of the accused view source details \| 30 Apr 1998 \| Millard County Chronicle Progress 2. Former professor charged with sexually abusing student view source details \| 25 Jun 2020 \| Deseret News 3. Ex professor charged with sexual abuse view source details \| 26 Jun 2020 \| The Salt Lake Tribune 4. Former professor charged with sexually abusing a student pleads not guilty view source details \| 19 Jul 2021 \| The Daily Universe 5. Former professor charged with 5 additional counts of forcible sexual abuse view source details \| 24 Jan 2022 \| The Daily Universe 6. New charges professor engaged in \u2018ecclesiastical abuse\u2019 to sexually abuse 3 students view source details \| 25 Jan 2022 \| East Idaho News 7. Fired Geography professor at Brigham Young University - who was charged with sexually assaulting student 'after he ordered her to straddle him to align her crotch Add information 2/21/25, 8:12 Michael James Clay Mormon sex abuse case 10/21 chakra' - faces five new charges from two other women at Mormon-founded Utah school view source details \| 25 Jan 2022 \| Daily Mail 8. New charges professor engaged in \u2018ecclesiastical abuse\u2019 to sexually abuse 3 students view source details \| 26 Jan 2022 \| Deseret News 9. Ex professor takes plea deal in case involving sexual battery of three female students view source details \| 18 May 2023 \| Salt Lake Tribune 10. Former professor pleads no contest to sexual battery of students interns view source details \| 19 May 2023 \| ABC4 11. Former professor sentenced to 2 years of probation in sex abuse case view source details \| 26 Jun 2023 \| Gephardt Daily 12. Ex professor sentenced to 2 years of probation in student sex abuse case view source details \| 26 Jun 2023 Source details marriage announcement of the accused Publisher: Millard County Chronicle Progress Date: 30 Apr 1998 Archive.org Source type: News article view all information sources Former professor charged with sexually abusing student Publisher: Deseret News Date: 25 Jun 2020 2/21/25, 8:12 Michael James Clay Mormon sex abuse case 11/21 Archive.org Source type: News article view all information sources Ex professor charged with sexual abuse Publisher: The Salt Lake Tribune Date: 26 Jun 2020 Archive.org Source type: News article view all information sources Former professor charged with sexually abusing a student pleads not guilty Publisher: The Daily Universe Date: 19 Jul 2021 Archive.org Source type: News article view all information sources Former professor charged with 5 additional counts of forcible sexual abuse Publisher: The Daily Universe Date: 24 Jan 2022 2/21/25, 8:12 Michael James Clay Mormon sex abuse case 12/21 Archive.org Source type: News article view all information sources New charges professor engaged in \u2018ecclesiastical abuse\u2019 to sexually abuse 3 students Publisher: East Idaho News Date: 25 Jan 2022 Archive.org Source type: News article view all information sources Fired Geography professor at Brigham Young University - who was charged with sexually assaulting student 'after he ordered her to straddle him to align her crotch chakra' - faces five new charges from two other women at Mormon-founded Utah school Publisher: Daily Mail Date: 25 Jan 2022 Archive.org Source type: News article view all information sources New charges professor engaged in \u2018ecclesiastical abuse\u2019 to sexually abuse 3 students Publisher: Deseret News 2/21/25, 8:12 Michael James Clay Mormon sex abuse case 13/21 Date: 26 Jan 2022 Archive.org Source type: News article view all information sources Ex professor takes plea deal in case involving sexual battery of three female students Publisher: Salt Lake Tribune Date: 18 May 2023 Archive.org Source type: News article view all information sources Former professor pleads no contest to sexual battery of students interns Publisher: ABC4 Date: 19 May 2023 Archive.org Source type: News article view all information sources Former professor sentenced to 2 years of probation in sex abuse case Publisher: Gephardt Daily Date: 26 Jun 2023 2/21/25, 8:12 Michael James Clay Mormon sex abuse case 14/21 facts summary sources add info Archive.org Source type: News article view all information sources Ex professor sentenced to 2 years of probation in student sex abuse case Publisher Date: 26 Jun 2023 Archive.org Source type: News article View the Mormon Sexual Abuse Map International map of locations where active members of the Church of Jesus Christ of Latter- day Saints perpetrated or allegedly perpetrated sexual abuse or other sex crimes, or where leaders failed or allegedly failed to help abuse survivors. 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7,487	Larry Nighswander	Ohio University	[ "7487_101.pdf", "7487_102.pdf", "7487_103.pdf", "7487_104.pdf", "7487_105.pdf" ]	{"7487_101.pdf": "Ex-professor pays more in topless- photos case Staff Writer The Columbus Dispatch Published 12:01 a.m Aug. 28, 2007 Updated 9:57 a.m Aug. 28, 2007 former Ohio University professor who had to help the school's insurer pay a former student $350,000 because he photographed her topless is out another $10,000 to settle a second lawsuit. Rebecca Humes got the money and free tuition to graduate school to settle a 2003 federal lawsuit against and Larry Nighswander, the director of the School of Visual Communication. Nighswander persuaded Humes to model partially nude while she was an undergraduate in the program. She sued again in June 2006 when she learned that Nighswander did not delete all of the images of her on his computer. The second lawsuit, filed in Fairfield County Common Pleas Court, came after deputies searching Nighswander's Pickerington-area home/business found the images. The search was in connection to a fraudulent e-mail, which officials suspected Nighswander of sending to members of an search committee in an attempt to influence a hiring decision. In a consent decree filed Aug. 22 in the Fairfield County case, Nighswander agreed to pay Humes $10,000 and to abide by the settlement agreement in the federal case. Attorneys on both sides of the case refused to comment on the decree clause in the document forbids Nighswander or any of his representatives from speaking publicly about the settlement. Judge Chris A. Martin kept jurisdiction in the case and could pursue contempt proceedings against Nighswander if he breaches the settlement terms again. In that case, Nighswander could be liable for another $500,000 in damages. 2/21/25, 8:13 Ex-professor pays more in topless-photos case 1/2 [email protected] 2/21/25, 8:13 Ex-professor pays more in topless-photos case 2/2", "7487_102.pdf": "Larry Nighswander and Ohio University. Rebecca Humes received a $350,000 settlement for dropping her sexual harassment suit against Larry Nighswander; former director of Visual Communications at Ohio University. Humes alleged Nighswander made inappropriate comments and fondled her breasts during a topless photo shoot. The university, the university insurer and the professor paid Humes to drop the case. The settlement also included new sexual harassment policies for the university. (Jan-18-05 If you have a similar problem and would like to be contacted by a lawyer at no obligation, please click the link below to submit your complaint. 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All rights reserved \uf09e\uf099\uf09a \uf0e1\uf231\uf0e0 2/21/25, 8:13 Larry Nighswander and Ohio University sexual harassment Settlement 4/4", "7487_103.pdf": "case/article_d6e6c891-fe4e-5ffa-a7cc-9d10bb35babd.html OU, insurer shelled out $82,000 to lawyers in Nighswander case Athens Staff Feb 10, 2005 Ohio University paid more than $82,000 in legal fees for its representation in a lawsuit by a former student who claimed that she had been sexually harassed by a professor, according to a statement by the university's main attorney. John Burns, OU's director of legal affairs, confirmed that the university paid $82,884 to its contracted legal counsel, Mollica, Gall, Sloan & Sillery of Athens, for representing it in the case. Burns added that the university's insurance carrier would reimburse \"\"all fees and expenses over $50,000.\"\" Rebecca Humes filed a lawsuit against the university in April 2003, claiming that Larry Nighswander, former director of the School of Visual Communication, sexually harassed her during a photo shoot in which he had her pose topless for him. She alleged that officials, who investigated her complaint against Nighswander and found insufficient evidence to support it, ignored a pattern of such complaints by her and other female students against the professor. Humes' attorney Ira Mirkin of Youngstown said in a phone interview that Humes was the only plaintiff in the case, and Burns said that no one but Humes filed a complaint with the university against Nighswander. At least two other students or former students, however, whose identities have been sealed from public exposure, submitted depositions in the case against Nighswander, claiming that he also had harassed them. 2/21/25, 8:13 OU, insurer shelled out $82,000 to lawyers in Nighswander case \| Local News \| athensnews.com 1/3 Humes received a $350,000 settlement last month after agreeing to drop the lawsuit against Nighswander and the university. The settlement stated that the university, the university's insurers and Nighswander would pay the sum, but it did not stipulate how much each party would individually contribute. Burns said in an e-mail that the university did not pay any funds directly to Mirkin for representing Humes in her suit. He added that \"\"no funds were paid to anyone else,\"\" responding to whether or not the university paid any settlement money to the other women who claimed they were harassed. As part of the settlement, Nighswander resigned from effective March 31, and the university agreed to never re-employ him \"\"in any capacity or at any location.\"\" An Athens article from Jan. 18 reported that also gave Nighswander one year's salary in a lump sum, which totaled more than $92,000. The settlement stipulated that Nighswander \"\"released and discharged from claims for personal expenses he had in providing his defense in the case. Taking into account the nearly $83,000 in legal fees, the $350,000 settlement and the $92,000 paid to Nighswander, the university and its insurers may have paid as much as $525,000 to various entities as a result of the lawsuit, minus whatever Nighswander himself had to contribute to the cash settlement. In a copy of the settlement released by the Legal Affairs Office, the parties involved determined that \"\"settlement is in their best interests\"\" after having conducted interviews and depositions with current and former students, faculty and administrators. The settlement stated that established a \"\"Working Group on Grievance as part of an Equity Task Force.\"\" The group reported to the provost with recommendations regarding \"\"appropriate procedures for responding to and resolving complaints and grievances throughout the institution,\"\" which includes complaints of sexual harassment. The group made numerous suggestions to the university, though the settlement claims that has not yet formally adopted any of them. According to the settlement, some of the suggestions that were implemented, but not formally adopted, include: better record keeping and documentation of complaints; all complaints must go to the Office of Institutional Equity, Legal Affairs 2/21/25, 8:13 OU, insurer shelled out $82,000 to lawyers in Nighswander case \| Local News \| athensnews.com 2/3 or Human Resources, and are no longer funneled through various schools and departments; no distinction is made between a formal and informal complaint; among others. The settlement also states that Nighswander must agree not to file any claims against Humes or her father, Michael Humes, \"\"including but not limited to claims for invasion of privacy and data theft, demands, costs and expenses for damages.\"\" The settlement was signed by Burns President Roderick McDavis, Nighswander and Humes on Jan. 2, 5, 12 and 13, respectively copy of Humes' statement in the case was included in the settlement. She referred to \"\"all of the women who stood up to face their fears in order to help me,\"\" adding that most of them didn't even know her. \"\"It saddens me to know that you went through similar situations as did,\"\" she said in the statement, \"\"but hope each of you know that you are just as much a part of putting an end to this as am.\"\" Nighswander has maintained his innocence, before and after signing the settlement. \"\"There was no admission of guilt on my part in the agreement, and would not have settled if had to agree to that,\"\" he was quoted as stating in an Associated Press article last month. 2/21/25, 8:13 OU, insurer shelled out $82,000 to lawyers in Nighswander case \| Local News \| athensnews.com 3/3", "7487_104.pdf": "25\u00b0 Cleveland \uf0c9 News Live First Alert Weather \uf002 ATHENS, Ohio (AP) - An Ohio University professor who was sued after taking nude photos of a female student has been demoted, and the school has changed its policy on the practice. The change comes two weeks after the student filed a $3 million lawsuit against the university and Larry Nighswander, who was head of the School of Visual Communication. Nighswander is accused in the lawsuit of touching the student's breasts and making inappropriate sexual comments. The new policy bans professors in the visual communication program from using students as nude models, university spokeswoman Leesa Brown said. Professors will be allowed to photograph students, but they must be clothed. Kathy Krendl, dean of the College of Communication, sent Nighswander a letter Friday to inform him of his demotion. Nighswander is still a professor, and professor Terry Eiler was made interim director of the department. Nighswander did not return phone messages seeking comment left at his home and office Wednesday. Senior Rebecca Humes filed a sexual harassment complaint against Nighswander last year, but he was cleared by the university in March. In the lawsuit, Humes accuses of being \"deliberately indifferent\" toward her complaint. Professor demoted for taking nude photos of student Published: May. 8, 2003 at 1:20 2/21/25, 8:13 Professor demoted for taking nude photos of student 1/4 \"The university will dispute that in its response to the court,\" Brown said. \"But the situation brought to light a shortcoming that we've already acted to correct: That we did not have in place a policy giving guidelines to faculty in the use of student models in the school of visual communication.\" (Copyright 2003 by The Associated Press. All Rights Reserved.) Most Read Tips and Tricks \| Sponsored Your fingers can tell you a lot about your personality. What kind of fingers do you have? 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Click here to learn more about our approach to artificial intelligence Gray Local Media Station \u00a9 2002-2025 Contact Us 2/21/25, 8:13 Professor demoted for taking nude photos of student 4/4", "7487_105.pdf": "harassment/article_18f79f99-22de-593c-af69-4faa68fbec31.html prof 'reluctantly' resigns; still swears he's innocent of sex harassment Athens Staff Aug 30, 2004 Ohio University professor Larry Nighswander continued to stoutly maintain his innocence of sexual-harassment claims last week, in a public statement about his agreement to resign from the faculty next year. Nighswander, who is a defendant in a $3 million federal lawsuit over his alleged sexual harassment of a female student during a semi-nude photo session, agreed to step down in exchange for OU's dropping a plan to try to strip him of tenure. In a statement issued through his attorney Benson Wolman, Nighswander, a professor of visual communications, said he agreed to the settlement \"\"reluctantly,\"\" and only in order to save his department from any more scandal. \"\"I... don't want to see the School of Visual Communication suffer any further from the negative publicity associated with this dispute,\"\" his statement says place my pride in the School of Visual Communication above any concern that have over damage to my own reputation.\"\" Nighswander also makes clear, however, that he acknowledges no guilt on his part in the case of Rebecca Humes, a former student who has sued him and in U.S. District Court over alleged sexual harassment. Humes claims that Nighswander asked her to model for him in a photo shoot, without making clear that he expected her to pose nude. 2/21/25, 8:13 prof 'reluctantly' resigns; still swears he's innocent of sex harassment \| Local News \| athensnews.com 1/4 Humes agreed to pose topless, but alleges that during the photo session, Nighswander made inappropriate comments and touched her breast without her permission. Nighswander admits the session took place, and that he has photographed other students in various states of undress, allegedly for use as teaching aids in portraiture classes. He denies sexually harassing Humes. Since Humes' lawsuit was filed, two other former female students have reportedly come forward with stories similar to hers involving Nighswander. The testimony of these women in depositions for Humes' lawsuit may have played a significant role in OU's decision to offer Nighswander an ultimatum: resign or face possible detenuring put out a press release Thursday announcing the resolution of Nighswander's case and making clear that officials would not comment on the case beyond what was in the announcement. Under the agreement, Nighswander's resignation will not be effective until March 31, 2005. Between now and then, Nighswander will not have an office on campus, but will handle work assignments off campus. He will continue to draw his regular-sized paycheck under a partial academic year contract, on the condition that he not obtain any other full-time employment. Nighswander will also get one year's compensation in a lump sum, which according to the release is what he would have gotten if he were detenured. Nighswander's annual salary is more than $92,000. In his public statement, Nighswander rails at what he calls a \"\"horrible ordeal of false accusations,\"\" but adds that throughout the ordeal he has received \"\"a consistent flow of e-mails offering support from former students, friends and colleagues.\"\" Though he will miss teaching, Nighswander states, he will not miss \"\"the politics of academic administration. My numerous disagreements with the Ohio University Office of Legal Affairs and philosophical differences with certain university administrators make it no longer possible for me to be effective as a faculty member at Ohio University.\"\" Nighswander also indicates that as part of the settlement with OU, he has \"\"agreed not to sue the university or its personnel for age discrimination, computer data theft, invasion of privacy, defamation of character, violations of Title of the Civil Rights Act and the Fair Labor Standards Act, spoilage of evidence, and internal complaints of failure to follow due process.\"\" 2/21/25, 8:13 prof 'reluctantly' resigns; still swears he's innocent of sex harassment \| Local News \| athensnews.com 2/4 Though he claims his agreement to abandon any plans for such litigation was \"\"a painful decision,\"\" Nighswander states that going to court would have cost more money than he can afford, and would hurt the VisCom school's public image. Nighswander reiterates his commitment to withhold comment on the Humes suit while it is pending, and slams unnamed parties to the lawsuit for commenting on the case and allegedly releasing \"\"false allegations\"\" against him, from documents that are supposed to be sealed by court order. This probably refers to the publication, in the Cleveland Plain Dealer and later The Athens NEWS, of details from witness depositions taken in connection with the lawsuit, in which former female students recount alleged sexual harassment by Nighswander continue to assert that the claims in the lawsuit are baseless,\"\" Nighswander states. \"\"The inability to publicly defend oneself in light of vicious personal attacks is demoralizing beyond belief.\"\" The chair of OU's Faculty Senate, contacted on Sunday, declined to comment on Nighswander's resignation or how has handled the case. Phyllis Bernt, a professor of communications systems management, noted that Faculty Senate would not have had any direct involvement in the case unless had gone ahead with an effort to detenure Nighswander. In a letter to the provost in April 2003, then-Faculty Senate Chair Hugh Bloemer, representing Senate's executive committee, criticized the university's handling of the Nighswander affair, suggesting was going too easy on the VisCom prof, who at the time was director of his department. The letter contrasted the treatment of Nighswander's case with that of journalism professor Patrick Washburn, who had been accused of harassing a colleague based on her sex and race. \"\"In the case of a journalism professor (Washburn), the university spares no effort and, apparently, no cost to investigate a faculty member, make all alleged findings public, and ruin the reputation of an individual,\"\" the letter alleged. \"\"Yet, on the other hand, the university appears eager to clear somebody (Nighswander) of charges that are obviously potentially much more damaging to the academic community than any part of the previous case.\"\" 2/21/25, 8:13 prof 'reluctantly' resigns; still swears he's innocent of sex harassment \| Local News \| athensnews.com 3/4 The Athens has complied with a subpoena by Humes' attorneys requesting documents relating to public-records requests made by the paper to OU. The parties to the lawsuit were scheduled to have a status conference on the case Friday, in the chambers of federal Magistrate Judge Terence P. Kemp. 2/21/25, 8:13 prof 'reluctantly' resigns; still swears he's innocent of sex harassment \| Local News \| athensnews.com 4/4"}
7,707	Michael T. Garrett	University of Florida	[ "7707_101.pdf" ]	{"7707_101.pdf": "About Board of Directors Contact Classifieds Advertise Issues Store Apartments Near 21, 2025 professor resigns after sex allegations department chair resigned earlier this month following accusations that he had sex with students. Michael T. Garrett, 39, former chairman of the counselor education department in the College of Education, submitted his resignation in late September and officially resigned Oct. 2 learned of the allegations in early September and launched an investigation but dropped it when Garrett left. As a result made no decision on whether the allegations were credible. Even so spokeswoman Janine Sikes said would probably not rehire Garrett and would tell other potential employers the same. \"The university condemns and, in fact, prohibits relationships between faculty members and students they supervise,\" Sikes said. Officials in the education college held an open meeting Monday night where they discussed the situation and read statements from students who had been romantically involved with Garrett have sadly come to learn in the past couple of months that there are several other students who simultaneously shared that false hope and trust in Michael, believing as did that they were involved in an exclusive, intimate, committed relationship,\" a statement read, according to an article on InsideHigherEd.com. \"Those students, consequently, are also experiencing intense pain right now.\" 2/21/25, 8:14 professor resigns after sex allegations - The Independent Florida Alligator 1/3 The article quotes three anonymous students who said they had intimate relationships with Garrett, two of whom admitted having sex with him. One former student said she had sex regularly while she was enrolled in his class. Another told Inside Higher Ed that she exchanged nude pictures with him. \"His classes were intimate,\" one student said in the article. \"We exposed really personal stuff, and he would continue to talk to us about personal stuff. That's what he initiated contact with.\" E-mails and a voicemail message requesting comment from Garrett were not returned Thursday. One former student and teaching assistant of Garrett's said she was shocked to hear about the allegations against him when contacted on Thursday. \"He was one of the best professors had ever had,\" said the recent graduate, who wished to remain anonymous. \"He just really, really, really cared about his students.\" She said Garrett was always very professional and conceded that she could see how some female students might have felt an attraction for him, but she never thought he would cross the line with any of them. Another former student, Amy Mazak, also said the allegations came as a surprise and that Garrett was one of her favorite professors. \"He talked about his family a lot in class, and even met his young son on several occasions,\" Mazak wrote in an e-mail. \"His son was the world to him, that was obvious.\" Garrett, who was hired in 2006, was on the fringes of another scandal earlier this year when investigated the abuse of university credit cards, known as purchasing cards learned that an employee in his department had been sharing her card, a violation of university policy, with other members of the department, including Garrett. The employee had her card canceled, but decided not to take any action against Garrett. According to a biography on the Web site, Garrett has authored dozens of articles and book chapters, many about the counseling of Native Americans. 2/21/25, 8:14 professor resigns after sex allegations - The Independent Florida Alligator 2/3 Garrett, who was paid about $106,000 at - according to salary information from March - grew up on a Cherokee Indian reservation in western North Carolina. Support your local paper The Independent Florida Alligator has been independent of the university since 1971, your donation today could help #SaveStudentNewsrooms. Please consider giving today \uf111 \uf099 \uf111 \uf39e \uf111 \uf16d \uf111 \uf167 Powered by Solutions by The State News All Content \u00a9 2025 The Independent Florida Alligator and Campus Communications, Inc. 2/21/25, 8:14 professor resigns after sex allegations - The Independent Florida Alligator 3/3"}
7,499	Michael Todd	Paradise Valley Community College	[ "7499_101.pdf", "7499_102.pdf", "7499_103.pdf" ]	{"7499_101.pdf": "condo/article_9c3bd118-85a9-5a78-9796-69340c9c013d.html College to fire professor after student died in condo May 9, 2008 \u2014 The Maricopa County Community College District plans to fire a professor after a female student died after being found in his Scottsdale townhouse. District officials said Thursday that 51-year-old Paradise Valley Community College psychology professor Michael Todd has been told he will be terminated for having an \"inappropriate relationship\" with 19-year-old Andria Ziegler. Ziegler died about an hour after medical personnel were called to Todd's home early on April 20. Phoenix police are investigating but aren't calling the case a homicide cause of death is pending toxicology results letter from Chancellor Rufus Glasper to Todd accuses him of violating the district's policies on \"amorous relationships\" and says he \"violated professional standards that has a right to expect its faculty to uphold.\" 2/21/25, 8:14 College to fire professor after student died in condo 1/3 1 2 3 4 5 These 8 local restaurants are expanding with new locations across Tucson Norovirus cases on the rise in Pima County Colorado River water conservation funds frozen, Arizona senators say Arizona keeps pumping out athletic directors \| Greg Hansen Top 5 Meal Kits for Busy Lifestyles message seeking comment from Todd's lawyer wasn't immediately returned. Sell Your Items - Free to List Visit Full Marketplace Baby Female Border Collie A. \| sellwild.com GIFT: Apple $100 W. \| sellwild.com #1 3D Scanner Pop $500 W. \| sellwild.com Tom\u2019s Shoes 6.5 Silver $14 R. \| sellwild.com Large Adidas Mens Black $24 B. \| sellwild.com 2025 Mazda CX- 50 2.5 Premium $36,395 A. \| sellwild.com Nikon CoolPix P100 Digital $60 R. \| sellwild.com 2025 Ram 1500 1500 $56,550 A. \| sellwild.com Powered by People are also reading\u2026 Marketplace 2/21/25, 8:14 College to fire professor after student died in condo 2/3 2/21/25, 8:14 College to fire professor after student died in condo 3/3", "7499_102.pdf": "5c12-b1e8-baeaa3d5609e.html Teen who died after visit with prof mourned Mike Sakal May 14, 2008 Allison McManus wears a necklace containing a picture of her older half-sister, Andria Ziegler. And in her heart, she carries important words to live by - words Andria once told her younger sibling. \"She told me to always smile and be happy.\" said 10-year-old Allison, who often went to the movies, the mall or lunch with Andria and her four other big sisters professor was investigated in 2002 Listen to Michael Todd's 911 call But no one in Ziegler's large, tightknit family is smiling or happy. They are grieving \"Andie's\" death and trying to move on with their lives as best they can while awaiting answers from Phoenix police detectives. 1 of 2 2/21/25, 8:15 Teen who died after visit with prof mourned \| News \| eastvalleytribune.com 1/4 \"Andie used to give me hugs,\" said Andria's stepfather, Doug McManus, who raised her since she was 7. \"There will be odd times during the day think should be getting a hug, and Andria isn't there,\" he said. Ziegler, 19, a freshman at Paradise Valley Community College, was pronounced dead at John C. Lincoln Deer Valley Hospital about 3 a.m. April 20, less than 30 minutes after paramedics discovered her in a comatose state in the home of her psychology professor, Michael Todd. Ziegler's cause of death is pending toxicology results, according to the Maricopa County Medical Examiner's Office, and police are investigating the case as an unknown death. Police have said they will not release any more information on the case until the toxicology reports are back, something that can take several weeks, according to the medical examiner's office. Police said drugs may be a possibility, something Andria did not have a history with, her parents said. Todd, 51, who has worked at Paradise Valley Community College since 2000, is not a suspect in Ziegler's death, and no suspects are being pursued, according to Phoenix police Detective Stacie Derge. However, college officials began efforts on May 8 to fire Todd for having an inappropriate relationship with Ziegler and failing to report the incident to his supervisors. Todd has been unavailable for comment. His attorney, Michael Roth, has not returned telephone calls from the Tribune. It is not known at this time whether Todd plans to appeal his termination. Ziegler, one of Todd's students for the last two semesters, had confided to one of her friends that Todd had been asking her out, according to John Hughes, the family's private investigator looking into her death. 2/21/25, 8:15 Teen who died after visit with prof mourned \| News \| eastvalleytribune.com 2/4 Ziegler was enamored with Todd as a professor, the family said, and about a week before her death, she came home and asked her parents if she could date a \"35-year-old,\" the age Todd allegedly told her he was, according to her parents. \"We told her 'absolutely not,'\" said Ziegler's mother, Kimberly McManus. \"We told her that would be inappropriate. She told us he was a professor and had his own private practice. Call me naive, but we thought, 'He's a 35-year-old grown man, he's not going to go out with his 19-year-old student.' Boy, was wrong.\" While standing in Hughes' shaded front yard in north Phoenix, Doug and Kimberly McManus and five of Andria's seven siblings described her as a caretaker, someone who always wanted others to be happy. \"She could brighten a room,\" Kimberly McManus said. \"She was one-of-a-kind. She was a chronic communicator, and would always call us.\" \"We called her 'Free Meal' because she made sure she never missed a meal with the family. She was always home for dinner, and we joked with her about that. She was vivacious, bright and loved life,\" her mother recalled. Andria, whose favorite place to eat at was My Big Fat Greek Restaurant, gave one of the commencement speeches last spring when she graduated from Metro Center Academy, an alternative high school, Kimberly McManus said. Andria also looked out for her younger sisters. She often would coax Athena, 12, into finding enough spare change around the house so they could spend it at Starbucks. Andria also had called Amanda, 13, about midnight, less than three hours before her death to check in, Amanda said. \"She was calling to check in and see how things were,\" Amanda said. \"She was then. She said she was going to hang out with some friends at Applebee's.\" Andria also was best friends with sisters Ashley, 21, and Aimee, 17, with whom she had worked as a hostess at the Pointe in Tyme restaurant at the Pointe Hilton Tapatio Resort in north Phoenix until December. Andria quit her job then so she could go to school full time, family members said. 2/21/25, 8:15 Teen who died after visit with prof mourned \| News \| eastvalleytribune.com 3/4 Andria hoped to work as a child psychologist or as a physical therapist and considered caring for the elderly. Ashley Ziegler said she hung Andria's picture from the rearview mirror of her car. \"She was like one of my best friends, and I'm really going to miss her,\" she said part of me thinks that she is still here and it's really, really hard. ... Andie's not here and she's actually never going to come home again,\" Ashley said. Ziegler's family also questions how Todd could have remained on the job after a female student filed a sexual harassment complaint against him in 2002. Todd was accused of making sexual advances on that student in his office and initiated inappropriate touching with her, but the college did not receive enough evidence to confirm or deny the incident, according to documents. Todd denied any inappropriate activity with that woman in 2002, according to college records. According to authorities, Todd made the 911 call about 2:34 a.m. April 20 to report an unresponsive female about 20 years old inside his home. Todd claimed not to know who Ziegler was when paramedics arrived, according to police, and he did not provide paramedics with any forms of identification. Police told McManus they received Ziegler's car keys, cell phone and wallet containing her driver's license from Todd's attorney. \"It's indescribable, what we're going through,\" said Kimberly McManus miss hearing her voice. My first day back to work realized it was after 10 o'clock, and Andria hadn't called me. Then realized she wouldn't be, and that was it.\" 2/21/25, 8:15 Teen who died after visit with prof mourned \| News \| eastvalleytribune.com 4/4", "7499_103.pdf": "ad5c-6494f562f892.html professor was investigated in 2002 Mike Sakal May 2, 2008 Paradise Valley Community College professor whose student was found comatose inside his home shortly before she died last month was required by administrators six years ago to complete a sexual harassment course and was warned to keep students out of his private practice. VIDEO: Watch Tribune reporter Nicole Beyer's report Student found comatose in professors home The college had investigated a sexual harassment complaint lodged in February 2002 against Michael Todd by a female student, according to documents obtained by the Tribune on Friday. The student accused Todd of making sexual advances and said he initiated inappropriate touching with her in his office, according to her three-page complaint. That incident has surfaced after the mysterious death of Andria Ziegler, one of Todd's students in his psychology class. 1 of 2 2/21/25, 8:15 professor was investigated in 2002 \| News \| eastvalleytribune.com 1/3 Ziegler, 19, was pronounced dead about 3 a.m. on April 20 at John C. Lincoln Deer Valley Hospital, about a half-hour after emergency crews transported her from Todd's home. Her death is being investigated as an \"unknown death,\" and not as a homicide, according to Phoenix police. There are no suspects in her death and no suspects are being sought, according to Phoenix police Detective Stacie Derge. The Maricopa County Medical Examiner's Office is awaiting toxicology reports to determine Ziegler's cause of death. In a letter written in 2002 by Georgina Kranitz, then-president of Paradise Valley Community College, to Todd's accuser, Kranitz said there was not enough evidence to confirm or deny that the alleged incident happened. In a six-page response to the complaint, Todd denied he had any sexual contact with the student or even touched her. However, the school required Todd to complete an online sexual harassment program, according to Kranitz's letter to the student. He also was ordered to stop placing students at his private practice for college-related activities, the letter stated. Todd permitted students to sit in on group counseling sessions he conducted that involved people with criminal backgrounds, according to the letter written by the student. Julia Devous, director of institutional advancement for Paradise Valley Community College, confirmed the complaint against Todd, and said that it was fully investigated. Todd, who has taught at since 2000, was placed on paid administrative leave by the college on April 22. Ziegler's parents informed college administrators of their daughter's death that day, according to Joan Westlake, spokeswoman for Paradise Valley Community College. Authorities had identified Ziegler as a \"Jane Doe\" because she did not have any identification on her at Todd's house, according to Phoenix police. 2/21/25, 8:15 professor was investigated in 2002 \| News \| eastvalleytribune.com 2/3 Todd's attorney, Michael Roth, did not return several phone calls seeking comment, but his law office issued a statement on Wednesday: \"Mr. Todd, as well as everyone here at Roth and Roth, would like to extend our prayers and condolences to the family and friends of Andria Ziegler during this tragic time.\" The college also is conducting an internal investigation, Devous said. The college prohibits a romantic relationship between a professor and a student or someone in a position of authority over the student, he said. 2/21/25, 8:15 professor was investigated in 2002 \| News \| eastvalleytribune.com 3/3"}
7,889	Jaime Contreras	Washington State University ‚Äì Tri-Cities	[ "7889_101.pdf" ]	{"7889_101.pdf": "Scars remain at despite official's resignation By Jacques Von Lunen, Herald staff writer Updated May 29, 2011 7:10 -- Discrimination complaints, resignations and a lawsuit during the past year have plagued an office that is critical for students attending Washington State University Tri-Cities. The troubles rippled out from one man -- Jaime Contreras, who effective April 30, resigned from his position as director of student affairs. At the time gave no reason for his departure. The office he headed is ground zero for building relationships between the more than 1,500 students and the university. From recruiting to graduation and from financial aid to advising, the 17 people working in student affairs handle it all. Contreras was paid about $75,000 a year to manage that staff and recruit a more ethnically diverse student body. But court files and university documents totaling almost 150 pages detail an array of claims that Contreras created a hostile environment for both staff and students, leading to several civil rights complaints late last year. Finally, a March 2011 report by investigators brought in from WSU's Pullman campus chronicled incidents of racial discrimination, sexual harassment and Only have a minute? Listen instead 1.0x Powered by Trinity Audio 00:00 12:05 10 10 Log In \| Subscribe 2/21/25, 8:15 Scars remain at despite official's resignation \| Tri-City Herald 1/10 slander by Contreras. He resigned shortly after the report was completed. Contreras responded to the Herald's requests for a comment with a written statement: \"Things have been said about me that are not true. Nonetheless, ... there are certain battles in life you choose not to fight.\" His resignation followed several others that started in December. All stemmed from a series of events that began last summer. \"As soon as we had a formal complaint (in December), we took all actions permitted according to university policies,\" Vicky Carwein, chancellor of Tri-Cities, said in an interview last week. But documents the Herald obtained through the Open Public Records Act indicate problems were not addressed for almost two years by the time a student filed the first written complaint. Contreras came to the Tri-Cities in June 2008 and took over the student affairs job after working as admissions director at Eastern Oregon University in La Grande for 18 months. He previously had worked at a number of other colleges, with most jobs lasting from three months to a couple of years, according to his online resume. Within a few months of starting at WSU, he used inappropriate language toward people working under him, according to the March report from the university investigators. The report cites no exact dates, and employees interviewed by the Herald couldn't remember precise dates either, but it contains blunt statements about what investigators were told: * Contreras referred to then-student body President Zixu Ha as a \"stupid Chinaman.\" 2/21/25, 8:15 Scars remain at despite official's resignation \| Tri-City Herald 2/10 * Contreras used the name \"Kunta Kinte\" to describe a black subordinate. The name is taken from the novel Roots. The character with that name is a slave. Dallas Barnes, a employee who in court documents claimed to be the only black administrator on the Tri-City campus, last year sued the university alleging discrimination by his superiors, including Contreras. * Contreras called an employee of Japanese descent \"Tokyo Rose\" and \"Nip,\" both derogatory terms used during World War for Japanese or Japanese Americans. * Another staff member, who is of Irish descent, had to listen to Contreras' stereotyping the Irish as \"dumb drunks.\" The report and witness interviews by the Herald indicate these were not isolated incidents. \"It was daily,\" Anna Mitson, the Japanese-American employee, told the Herald. \"That was his means of communication.\" Contreras also seemed to play employees in the student affairs office against each other and improperly shared confidential information, according to subsequent complaints Vice Chancellor Dick Pratt told the Herald nobody complained directly to him about Contreras' conduct. \"If that had been going on for a while, nobody said anything about it,\" Pratt said. \"Or they didn't say it to anybody who was in a position to actually do anything about it. If they had, we would have acted at a much earlier stage.\" Two employees told investigators they talked to their human resource department about the office environment, but nothing happened. \"Talked to (them) until blue in the face,\" an investigator's notes quoted one witness. 2/21/25, 8:15 Scars remain at despite official's resignation \| Tri-City Herald 3/10 Karina Barajas Tri-Cities' human resource analyst, said any such complaints would have been sent on to the Office of Equal Opportunity, the university's civil rights investigators in Pullman. But that office knew nothing of Contreras' transgressions until three of his subordinates and a student filed complaints against him in October, November and December 2010, according to its director, Raul Sanchez. Those files show Contreras' staff began to feel more pressure last summer as a result of incidents involving Contreras' daughter, Amber, who was then a senator in the student government. Mitson, the administration's adviser to the student government association, said she heard reports last August that Amber Contreras had \"acted inappropriately\" during a student orientation event. As part of her work as an adviser, Mitson pulled Amber aside one day, had a brief talk with her about the incident and figured the matter was settled. Not long after, Jaime Contreras spread rumors that Mitson was having an extramarital affair with a subordinate, according to the report. Contreras denied spreading such a rumor, writing in a January email to investigators, \"where this rumor is coming from do not know.\" But investigators \"confirmed that (Contreras) talked to Vice Chancellor Pratt about Ms. Mitson's alleged inappropriate relationship with the subordinate employee,\" the March report stated. Contreras also made the same allegations to human resources, the report said. Also in late summer, a fellow student senator questioned Amber Contreras about how much student senate business she had been sharing with her father. \"It was always, 'My dad suggests this,' or 'My dad thinks this would be really good to do,' \" Lynn Collins told the Herald. 2/21/25, 8:15 Scars remain at despite official's resignation \| Tri-City Herald 4/10 After a Oct. 5 senate meeting, Amber Contreras confronted Collins in a common area on campus. Witnesses said Contreras became \"animated.\" Later that day, she resigned from her student senate position. Jaime Contreras told Mitson the next day that his daughter had been bullied by Collins and asked Mitson to intervene. Mitson said she told Contreras that this was the kind of conflict senators should work out with each other. Then on Oct. 7, Contreras took away a program that Mitson supervised, according to the civil rights investigation. After successfully recommending a promotion and pay raise for Mitson in August, Contreras in October started criticizing her work around the office and met with Barajas in human resources to try to eliminate Mitson's position entirely, the investigators found. He also threatened Collins with a student conduct investigation and sent her several emails summoning her to his office. Collins and Mitson, in separate interviews, said he had begun calling Collins \"the bitch\" openly around the student affairs office. Staff avoided being seen with Collins, which made her work as a student senator almost impossible, she told the Herald. On Oct. 23, she sent a letter to John Fraire, vice president of statewide. In it, she described Contreras' behavior. That prompted Fraire to contact Pratt and the Tri-Cities' human resources office. \"(Contreras') own writings demonstrate that his relationships with his subordinates became increasingly strained after the incidents concerning his daughter,\" investigators later concluded. 2/21/25, 8:15 Scars remain at despite official's resignation \| Tri-City Herald 5/10 \"Get your Chinese ass in here,\" he hollered at Mitson in December, according to the investigation. That incident occurred in the international adviser's office, which is frequented by Asian students. Amanda O'Leary, an adviser in the student affairs office, went to see human resources \"regarding work climate concerns,\" an email dated Nov. 19 reads. She went back there on Dec. 1 to report Contreras was trying to turn workers against one another with rumors. On Dec. 2, investigators in Pullman received their first written complaint from the Tri-Cities. It was made anonymously, alleging \"Contreras makes/has made inappropriate racial and gender remarks about students and staff. Hostile work environment.\" Investigators later found Christina Davis, an academic coordinator, had sent the complaint. On Dec. 14, two more complaints came in -- one from O'Leary, one from Mitson. O'Leary told investigators she cried before going to work because of the stress. She's a \"member of armed forces, and (it) is not as stressful as working for student affairs Tri-Cities,\" the investigator's notes read. O'Leary is at boot camp on military leave from her duties. The notes on her complaint say, \"People going to Vice Chancellor Dick Pratt and he has done nothing.\" Pratt recently told the Herald he couldn't do anything formal in December because the case still was under investigation. \"There's an orderly process for taking action,\" he said. Mitson's complaint noted the racial remarks and also mentioned the allegations of an affair, which constitute sexual harassment under university rules. 2/21/25, 8:15 Scars remain at despite official's resignation \| Tri-City Herald 6/10 In early January, Contreras made a countercomplaint against O'Leary, Mitson and Davis. He accused them of conspiring against him and against the administration. Soon after the Christmas break in January, the Pullman investigators came to the Tri-Cities and interviewed everyone involved. Their report, issued March 7, concluded Contreras was \"not credible.\" Contreras used \"demeaning, derogatory racial or ethnic terms numerous times in the workplace,\" the investigators reported. They also reported that five of his subordinates alleged he \"used sexual language in reference to himself, staff or students.\" Contreras violated policies prohibiting discrimination and sexual harassment, and \"corrective action\" was needed, investigators concluded. Shortly before their report came out, Mitson resigned. \"The damage was done,\" she said didn't do anything wrong, but felt no support (from Tri-City administrators) or that they were even taking it seriously. The stress was horrendous.\" Brent Rust, a two-term student senator, told the Herald that Mitson's departure was \"seriously damaging to students.\" \"Students as a whole lost a champion when Anna left,\" Rust said. \"She encouraged us and guided us.\" Mitson also increased student involvement on campus and in the community, he said. Contreras resigned in March, before could decide whether to discipline him. 2/21/25, 8:15 Scars remain at despite official's resignation \| Tri-City Herald 7/10 The Herald requested records of any previous disciplinary actions against Contreras, but officials in Pullman said there was nothing on file. That's because only the most stringent measures are considered part of a disciplinary record, Pratt said. No serious measures had been taken by the time Contreras resigned, he said. \"Fairness works on both sides of the street,\" Pratt said. \"(Employees) have to have a chance to respond to allegations. It's a due process issue.\" Since Contreras' resignation, the fallout has continued. On May 20, Davis also resigned. \"The morale in our office was and is quite low,\" she told the Herald. \"It's stressful and exhausting. This really affected our unit.\" Chancellor Carwein said it's now time to move forward under the new director of student affairs know that unit has hard work ahead of it,\" she said. \"We're looking to rebuild a climate here that believe existed before.\" * Jacques Von Lunen: 509-582-1402; [email protected] This story was originally published May 29, 2011 at 12:00 AM. Afternoon Update We'll help you catch up on the day's top stories at 1 p.m. with today's headlines from Tri-City Herald By submitting agree to the Privacy Policy and Terms of Service. 2/21/25, 8:15 Scars remain at despite official's resignation \| Tri-City Herald 8/10 Part of the McClatchy Media Network Take Us With You Real-time updates and all local stories you want right in the palm of your hand Start a Subscription Customer Service Edition Vacation Hold Pay Your Bill About Us Contact Us Newsletters Archives Personal Finance McClatchy Advertising Place an Ad Place a Classified Ad Place an Ad - Celebrations Place an Obituary Staffing Solutions Political \| Advocacy Advertising 2/21/25, 8:15 Scars remain at despite official's resignation \| Tri-City Herald 9/10 2/21/25, 8:15 Scars remain at despite official's resignation \| Tri-City Herald 10/10"}
8,298	Will Riley	Clark Atlanta University	[ "8298_101.pdf" ]	{"8298_101.pdf": "Buzz Killer Fired Tennis Coach Feels Clark Atlanta Scapegoated Him Editors Posted on Aug 6, 2018 tennis coach fired by Clark Atlanta University last month after a sexual harassment inv pr by a stu co be he is be sc by th un to div 2/21/25, 8:16 Fired Tennis Coach Feels Clark Atlanta Scapegoated Him Buzz 1/8 att fro ot co th its at de ha tre so wo un Will Riley was dismissed on July 13, the day The Atlanta Journal-Constitution published a report about the complaint against him and the larger concerns about the department 19- year-old female player said he sent her what she said were unwanted sexually suggestive messages, such as not to eat too much to maintain her figure, and followed her on social media. In interviews with the AJC, Riley said the student and university officials misconstrued the intent of the text message exchanges. \u201cThat was never my intention,\u201d Riley said would never make it to be sexual.\u201d Riley said he followed all of his players on social media to monitor whether they posted anything inappropriate and to discuss the situation if they did. Riley said he didn\u2019t use sound judgment by exchanging messages with the student at night. The text messages were exchanged after 11 p.m. \u201cThat was inappropriate,\u201d he said. Clark Atlanta University official Ramona Roman wrote in a termination letter that Riley \u201cbehaved in a manner that is inappropriate in the Scholar Athlete/Coach relationship.\u201d Riley, though, does not believe his actions constituted sexual harassment. He said he wanted to explain his actions. 2/21/25, 8:16 Fired Tennis Coach Feels Clark Atlanta Scapegoated Him Buzz 2/8 feel like was wrongfully accused of certain things feel like was pulled into certain things going on in the (athletics) department,\u201d he said. The university declined comment, a spokesman said Friday. The university has faced some criticism in recent months that its athletics department is hostile to women. Three female coaches filed a complaint on June 27, according to a letter obtained by the AJC, with the university\u2019s human resources department alleging that they\u2019ve been \u201csubjected to harsh and unwanted criticism, physical and psychological intimidation tactics as well as gender and equity issues.\u201d The complaints include alleged tantrums by athletics director J. Lin Dawson, derogatory remarks about women, and scholarship cuts to various women\u2019s sports programs. About 75 percent of the university\u2019s students are women. Division athletic departments spend on average about twice as much on their men\u2019s programs than their women\u2019s programs, though schools without football spend nearly the same on each (about $5 million), according to a 2017 report by the NCAA. Dawson said he\u2019s tried to improve the ratio at Clark Atlanta, which was 2-to-1 in favor of men\u2019s athletics when he was hired. Clark Atlanta is a Division athletics program. The student said she brought forward her complaint because she said Riley stopped speaking to her and didn\u2019t respond to messages from her family. Riley disputed that. The coach believes the student complained because she didn\u2019t get to play in a championship tournament in mid- April. The student denied that. \u201cMy intentions were not to get him fired nor was that my request. The other coaches & trainer in the department felt like the situation was not handled correctly am sorry that this has happened to him,\u201d she said. 2/21/25, 8:16 Fired Tennis Coach Feels Clark Atlanta Scapegoated Him Buzz 3/8 Share this article: Related Articles 2/21/25, 8:16 Fired Tennis Coach Feels Clark Atlanta Scapegoated Him Buzz 4/8 2/21/25, 8:16 Fired Tennis Coach Feels Clark Atlanta Scapegoated Him Buzz 5/8 Recent News 1890 00:02 / 02:25 2/21/25, 8:16 Fired Tennis Coach Feels Clark Atlanta Scapegoated Him Buzz 6/8 Popular Posts $50K 2/21/25, 8:16 Fired Tennis Coach Feels Clark Atlanta Scapegoated Him Buzz 7/8 Buzz delivers news, insights and editorials from the Black College community. Since 2011 Buzz has been a resource for prospective & current students and alumni. Copyright \u00a9 2025 BUZZ. All rights reserved. Contact Us Partnerships Privacy Policy Terms & Conditions 2/21/25, 8:16 Fired Tennis Coach Feels Clark Atlanta Scapegoated Him Buzz 8/8"}
7,839	Joseph Lopreato	University of Texas ‚Äì Austin	[ "7839_101.pdf", "7839_101.pdf" ]	{"7839_101.pdf": "archive.today webpage capture Saved from no other snapshots from this url search 18 Mar 2025 13:53:53 Redirected from no other snapshots from this url All snapshots from host chronicle.com from host share download .zip report bug or abuse Buy me a coffee Webpage Screenshot U. of Texas Finds Sociologist Guilty of Sexual Harassment By Courtney Leatherman May 16, 1997 Administrators at the University of Texas at Austin have prohibited a tenured sociology professor from working closely with female students after finding last month that he was guilty of sexual harassment. The university placed a reprimand in the file of the professor, Joseph Lopreato, and required him to participate in a course dealing with harassment. The resolution of the case satisfied neither Dr. Lopreato nor his accuser, Jodi Park. Ms. Park, a senior in sociology, said she might sue the professor -- as well as the university, for its handling of the case. She called Dr. Lopreato\u2019s punishment a\"slap on the wrist\u201d and portrayed him as a persistent harasser of students. Dr. Lopreato denies harassing anyone. He plans to file a grievance asking a faculty committee to review the administration\u2019s handling of the case. Dr. Lopreato\u2019s lawyer said that Ms. Park\u2019s complaint had been motivated partly by her disagreement with Dr. Lopreato on such topics as the traditional roles of men and women. Ms. Park enrolled last fall in an independent-study course with Dr. Lopreato. At a press conference last month, she said that Dr. Lopreato had repeatedly remarked about her appearance, asked about her love life, Top Jobs from The Chronicle Director of International Student Services Knox College (Development) New York University School of Professional Studies Dean of the College of Public Policy Hamad Bin Khalifa University University of Arizona Global Professor for the Department of Environmental Science University of Arizona Department of Environmental Science ( ) Search All Jobs Upcoming Events: Virtual Career Fair Women's Leadership Program Subscribe Sign In Sections Topics Magazine Newsletters Virtual Events Store Jobs and offered intimate details about his own. She said the professor had also invited her to go to Italy with him. Ms. Park said she had complained to officials about Dr. Lopreato\u2019s behavior and had been removed from the class in October. In November, she filed a complaint against him, accusing him of creating a hostile learning environment. Officials in the provost\u2019s office and a lawyer for the university investigated the complaint. They said that Ms. Park\u2019s sex-harassment complaint was the first filed against Dr. Lopreato, although another female student has since filed a similar complaint. Ms. Park made the findings of her case public at her press conference. Her lawyer, Jordan Steiker, is a professor at Texas and the husband of a sociology professor, Debra Umberson. Ms. Umberson and two other tenured female professors spoke about the case at the press conference. Dr. Lopreato portrayed those women as a\"small number of antagonists\u201d who are\"teaching women to hate men.\u201d He suggested that Ms. Park had succumbed to such teaching, but that she had also filed the complaint because she was not cutting it academically and feared she would get a poor grade in his course. We welcome your thoughts and questions about this article. Please email the editors or submit a letter for publication. Subscribe Today Explore Content Latest News Newsletters Letters Free Reports and Guides Professional Development Virtual Events Chronicle Store Know The Chronicle About Us Vision, Mission, Values at The Chronicle Write for Us Work at The Chronicle Our Reporting Process Advertise With Us Account and Access Manage Your Account Manage Newsletters Individual Subscriptions Group and Institutional Access Subscription & Account Get Support Contact Us Reprints & Permissions User Agreement Terms and Conditions Privacy Policy California Privacy Policy Do Not Sell My Personal Share Chronicle Intelligence Jobs in Higher Education Post a Job Brand Studio Accessibility Statement Information 1255 23rd Street, N.W. Washington, D.C. 20037 \u00a9 2025 The Chronicle of Higher Education The Chronicle of Higher Education is academe\u2019s most trusted resource for independent journalism, career development, and forward-looking intelligence. Our readers lead, teach, learn, and innovate with insights from The Chronicle."}
8,875	Vincent Barletta	Stanford University	[ "8875_101.pdf", "8875_102.pdf", "8875_103.pdf", "8875_104.pdf", "8875_105.pdf", "8875_106.pdf" ]	{"8875_101.pdf": "ssor sexually harassed his student a decade ago. Some female stude behavior never stopped. ( 2/21/25, 8:16 Stanford professor sexually harassed his student a decade ago. Some female students say his inappropriate behavior never stop\u2026 1/12 yees who worked in and around Stanford\u2019s Division of Literatures, Cultures and Languages (DLCL) over the last decade, and has verified the existence of at least three Title complaints agains hic FU/The Stanford Daily) Eight sources included in this story have asked to remain anonymous for fear of professional repercussions. Pseudonyms have been used to improve readability. Given the small size of the graduate cohorts within Stanford\u2019s Division of Literatures, Cultures and Languages (DLCL), The Daily is also withholding specific dates, instead using general timeframes, to protect the identities of our sources eanne was a Ph.D. student at Stanford in the early 2010s when her advisor, Associate Professor of Comparative Literature and Iberian and Latin American Cultures Vincent Barletta, rolled his chair over and kissed her when she was working with him to prepare for an exam. University officials found that Barletta, a tenured associate professor and 2021 Guggenheim Fellow ( barletta-enrique-chagoya-awarded-guggenheim-fellowships/), had violated Stanford\u2019s sexual harassment policy. He had \u201cgroomed [Jeanne] to be his advisee even before [she] arrived at Stanford\u201d and \u201cblurred the lines of a professional and overly personal advisor- advisee relationship\u201d with her, Associate Dean of Humanities and Sciences Debra Satz and Acting Interim Title Coordinator Sallie Kim wrote in the case outcome letter. They added that Barletta \u201cshould be counseled and warned regarding establishing and maintaining appropriate advisor-advisee relationships.\u201d Despite the findings, Barletta kept his job and continued to formally advise graduate students. And several years later, he would be involved in another Title case with a different female graduate student. The Daily spoke with 22 students, faculty and employees who worked in and around Stanford\u2019s Division of Literatures, Cultures and Languages (DLCL) over the last decade, and has verified the existence of at least three Title complaints against Barletta during the same time period. Students and faculty described a pattern of Barletta\u2019s unprofessional behavior, which they said exploits power imbalances embedded in his relationships with some of his female students. While not always explicitly sexual, the behavior violated professional norms, according to two women involved in Title proceedings against Barletta and University findings in those cases. ( 2/21/25, 8:16 Stanford professor sexually harassed his student a decade ago. Some female students say his inappropriate behavior never stop\u2026 2/12 The Daily contacted Barletta via phone, text and email. He did not respond to repeated requests for comment. Stanford University declined to comment for this story, citing confidentiality. In the eyes of some faculty and students, the story of Vincent Barletta illustrates systemic problems in academia, in which power asymmetries in advisor-advisee relationships \u2014 dubbed a \u201crecipe for disaster\u201d by one former Stanford employee familiar with the Title process \u2014 coupled with institutional protections like tenure, enable inappropriate behavior and prevent adequate punishment. Some members of the Division characterized Barletta\u2019s conduct as an \u201copen secret\u201d within the DLCL. They further described a pervasive culture of silence that has enabled Barletta\u2019s behavior and contributed to an atmosphere of distrust. Comparative literature professor David Palumbo-Liu told The Daily that the charges of sexual harassment against Barletta are widely known among longtime faculty. Barletta\u2019s relationships with three female graduate students interviewed by The Daily began before they came to Stanford, with him positioning himself as integral to one student\u2019s admission and immediately designating himself as two students\u2019 advisors, according to Title documents obtained by The Daily. Two students said that he consistently probed for details about their personal lives. He also encouraged two students to study independently with him in Lisbon, Portugal over the summer \u2014 an offer described by University officials in one student\u2019s Title outcome letter as \u201chighly unusual and inappropriate.\u201d \u201cPeople are sobbing to me about how violated they feel. Even when they\u2019re not personally impacted or they haven\u2019t been personally harassed, they feel deeply violated by the complicity of an institution that\u2019s not taking action.\u201d Professor Roanne Kantor The three students told The Daily that Barletta\u2019s conduct severely impacted their educational progress. They described how, in a small department and field of study, they had to pivot their research areas and go out of their way to avoid Barletta in order to continue their education Chair C\u00e9cile Alduy declined to comment on individual cases, writing in an email to The Daily that she cares deeply \u201cabout creating a working environment free from any form of harassment or impropriety.\u201d She added that she has \u201cworked collegially and forcefully with the community to foster a climate that protects and respects all of our students, lecturers, staff and faculty.\u201d English professor Roanne Kantor, who works with graduate students across the humanities in her capacity as co-chair of the English placement committee, said that she has been approached by students who confide in her about losing faith in an institution that they see as repeatedly failing to take action against bad actors. \u201cPeople are sobbing to me about how violated they feel,\u201d Kantor said. \u201cEven when they\u2019re not personally impacted or they haven\u2019t been personally harassed, they feel deeply violated by the complicity of an institution that\u2019s not taking action.\u201d University spokesperson Miranda wrote in a statement to The Daily that \u201cStanford takes all allegations of sexual misconduct very seriously and reviews them carefully.\u201d ( 2/21/25, 8:16 Stanford professor sexually harassed his student a decade ago. Some female students say his inappropriate behavior never stop\u2026 3/12 Rachel, a graduate student who came to Stanford in the mid-2010s and was involved in a later Title case against Barletta, described a power dynamic similar to the one Jeanne experienced just knew that he was grooming me, but to what end?\u201d she said. In academia, the term \u201cgrooming\u201d refers to those in positions of power \u2014 often professors \u2014 crossing professional boundaries in an attempt to manipulate, isolate and gain emotional trust from victims. Jeanne and Rachel emphasized how this term encapsulates Barletta\u2019s behavior, including conduct that may not fit within the definition of sexual harassment. \u201cThis is all a riff on the same story,\u201d Jeanne said of Barletta\u2019s continued behavior. \u201cHe has refined his techniques.\u201d One professor characterized Barletta\u2019s approach to advising as a \u201cdisciple model,\u201d in which he would make his advisees feel indebted to him and position himself as the only person they could trust in the Division. One professor in the humanities described an entrenched sense of helplessness and a failure to act that pervades the entire community. \u201cWe\u2019ve decided that a tenured professor with a really long career of harassment is an immovable object. So we just have to work around him,\u201d the humanities professor said. The University ultimately concluded that Barletta had not violated Stanford\u2019s sexual harassment policy in Rachel\u2019s Title case, in which she shared that Barletta had persistently inquired about her sexuality and romantic life and made her feel deeply indebted to him for her admission to Stanford. University officials described Barletta\u2019s conduct with Rachel as \u201cunwelcome\u201d and recommended that the School of Humanities and Sciences \u201cadmonish [Barletta] to refrain from engaging in communications of an intimate and personal nature with graduate students \u2014 particularly female graduate students,\u201d according to the outcome letter in the case. Even still, women in the division told The Daily that they have relied on an informal network of whispered warnings to shield themselves and their colleagues from harassment have felt really lonely,\u201d Andrea, who matriculated into the in the late 2010s and changed her academic path after receiving warnings about Barletta from other students, told The Daily have felt really isolated and really unsafe.\u201d (Andrea did not have a Title case against Barletta.) This summer, Barletta will serve as the workshop leader for the Stanford Initiative, working directly with undergraduate students studying humanities at the City College of New York and Hunter College. The humanities professor previously mentioned expressed concern about Barletta serving in this mentorship role \u2014 especially with younger students outside of the University. \u201cWhy would you put somebody explicitly in the role of mentor knowing that this role of mentorship is exactly how academic predators target people?\u201d she said. \u2018There\u2019s one rule to teaching\u2026 And he broke the rule\u2019 ( 2/21/25, 8:16 Stanford professor sexually harassed his student a decade ago. Some female students say his inappropriate behavior never stop\u2026 4/12 arletta, who arrived ( public/barletta_cv.pdf) at Stanford in 2007, faced at least two Title complaints in the early 2010s, according to individuals directly involved in the proceedings. The Daily was able to verify the existence but not the outcome of one of the cases. According to Jeanne and Title documents obtained by The Daily, the scope of Barletta\u2019s harassment began months before she arrived at Stanford, after they had established a professional relationship based on their shared academic niche. Before Jeanne began studying at the DLCL, Barletta tried to kiss her following an academic talk he delivered, according to the documents. She told investigators that Barletta said it would be \u201chard to keep boundaries in place\u201d should she attend Stanford. Still, the academic and professional opportunities that came with attending Stanford outweighed her discomfort. Jeanne reasoned that once their relationship was defined under an academic and institutional umbrella, Barletta would adhere to professional norms. But when she arrived on campus with the intention of working in Barletta\u2019s field of study, Jeanne found that he consistently overstepped the boundaries of a faculty-student relationship. According to case documents, Jeanne told investigators that Barletta would talk to her about problems in his marriage and complained about soreness from a recent vasectomy. She told The Daily that in one meeting, Barletta complained about existing harassment allegations against him \u2014 which had put his tenure case on hold, according to Jeanne and a faculty member familiar with the matter. (Barletta ultimately did receive tenure in 2012.) Barletta also implied that a character in a book he was working on \u2014 a love interest \u2014 represented Jeanne, while the protagonist represented him, according to the Title records. And then, when Jeanne was studying for her comprehensive exams in his office, he rolled his chair over and kissed her, according to the Title investigation. Looking back on the incident, Jeanne recalled being in a \u201cstate of shock\u201d and feeling \u201ctrapped\u201d in the moment, with no opportunity to fight or flee. She said that upon walking out of his office, she feared being alone with him again. She refused to speak with him about the incident despite his attempts to initiate conversations on the subject, according to the case outcome letter. She displayed signs of post-traumatic stress disorder after the incident, including feelings of \u201chelplessness and powerlessness,\u201d according to records provided by her psychiatrist during the Title process. She also found that Barletta was \u201cshifting academic goalposts\u201d and making it increasingly difficult for her to fulfill her academic obligations. Jeanne began to distance herself from Barletta, pivoting to work with another faculty member. After she successfully defended her dissertation proposal, Barletta \u201claid into [her]\u201d about their advising relationship and accused Jeanne of avoiding him, according to the case outcome letter. ( 2/21/25, 8:16 Stanford professor sexually harassed his student a decade ago. Some female students say his inappropriate behavior never stop\u2026 5/12 felt like was between a rock and a hard place \u2014 either submitted to his inappropriate behavior, or risked putting my academic career in jeopardy.\u201d Jeanne The decision makers in her case \u2014 Associate Dean for Humanities and Sciences Debra Satz (now the Dean of the School of Humanities and Sciences) and Acting Interim Title Coordinator Sallie Kim (now a federal judge) \u2014 wrote in the letter that Barletta had \u201cgroomed [Jeanne] to be his advisee even before [she] arrived at Stanford; that he championed [her] as a student; and that he then withdrew his support of [her] when [their] personal relationship became fraught.\u201d Despite the finding that Barletta had violated Stanford\u2019s sexual harassment policy, Jeanne said she encountered administrators and faculty during the Title process who appeared to be looking for a narrative that she \u201cwanted\u201d to be intimately involved with Barletta. She emphasized how the investigation seemed to evaluate her interactions with Barletta through the \u201cpresumption of equal status.\u201d She recalled how Satz and Kim had summarized her investigation interview, writing in the case outcome letter that Jeanne had \u201creciprocated the kiss but immediately regretted it.\u201d Jeanne told The Daily that she felt this language implied that she could consent to Barletta\u2019s advances as she would another co-equal adult \u2014 when in reality, the power imbalance in their relationship and the grooming behaviors to which she had been subjected had already robbed her of that ability. Satz declined to comment for this story. Kim could not be reached for comment felt like was between a rock and a hard place \u2014 either submitted to his inappropriate behavior, or risked putting my academic career in jeopardy,\u201d Jeanne told The Daily. The Stanford Administrative Guide ( 1/subchapter-7/policy-1-7-2) explicitly states that \u201csexual or romantic relationships \u2014 whether regarded as consensual or otherwise \u2014 between individuals in inherently unequal positions,\u201d including between graduate students and faculty members who teach in their department, program or division, are prohibited. The Daily found records ( 1/subchapter-7/policy-1-7-2) of this section of the Administrative Guide dating back to January 2014. The University declined to comment on when the policy first came into effect and whether Barletta violated it. \u201cThere\u2019s one rule to teaching,\u201d the previously mentioned faculty member said in a blunt reference to Barletta\u2019s conduct. \u201cEverything else is negotiable. And he broke the rule. You don\u2019t sexually pursue and harass your students. That\u2019s it.\u201d Stanford\u2019s Faculty Handbook ( handbook/chapter-4-core-policy-statements#statement-on-faculty-discipline) states that the Provost can formally charge a faculty member with professional misconduct \u2014 including sexual harassment \u2014 which could lead to their dismissal. The University declined to comment on why Barletta was not fired following the case. ( 2/21/25, 8:16 Stanford professor sexually harassed his student a decade ago. Some female students say his inappropriate behavior never stop\u2026 6/12 Barletta, whose appeal in the case was denied, was barred from holding leadership positions in the and serving in \u201croles in which he is given special power and influence over students\u201d for five years, according to case documents. In a letter to Jeanne following the appeal process, Dean of the School of Engineering James Plummer wrote that Barletta \u201cshould not take on\u201d the role of Director of Undergraduate Academic Advising, \u201cgiven that it was within an advising relationship with you that the respondent engaged in unwelcome conduct and exercised poor judgment.\u201d Barletta also left his role as a Resident Faculty (RF) in Casa Zapata, according to dorm lookbooks (yearbooks of the frosh class published by Stanford) from the time period. Still, Barletta retained his teaching duties. He was also allowed to continue advising students, which Title coordinator Catherine Criswell described in a letter to Jeanne as \u201cpart of the regular core duties of faculty in his department\u201d that did not fall under the five-year ban. Criswell wrote that she had consulted with the chair of Barletta\u2019s department \u2014 at the time, professor Gabriella Safran \u2014 in reaching this conclusion, and that the Chair and the Title Office would closely monitor Barletta\u2019s advising. Criswell declined to comment on a specific matter, citing privacy concerns. Safran did not respond to The Daily\u2019s request for comment. In the aftermath of the case, Palumbo-Liu was asked to co-teach with Barletta, which he interpreted as a request to monitor Barletta\u2019s behavior in the classroom. Other faculty members and students familiar with the matter told The Daily that members of the Division were repeatedly asked to \u201cbabysit\u201d Barletta. Palumbo-Liu declined to do so, saying it felt \u201cinappropriate that a colleague would perform that kind of a task.\u201d The University also launched additional Title training for everyone in the following the case, according to the Title remedies letter. The professor previously mentioned told The Daily that at the time, the case was widespread knowledge among faculty, many of whom viewed the University\u2019s response as punishing the entire department, rather than addressing Barletta individually. \u201cWe all got punished, and so we were all made to feel culpable,\u201d she said. One of Jeanne\u2019s central concerns was ensuring that no future student ever had to endure the same behavior. In a letter to the Title Office after the investigation concluded, Jeanne wrote that Barletta\u2019s harassment had \u201cprofoundly affected my ability to receive and benefit from my education\u201d and urged that the resulting sanctions \u201cbe severe enough to deter this conduct from recurring.\u201d \u2018It always felt like he was a live threat ut while sanctions from Jeanne\u2019s Title case were still in place \u2014 and as Barletta continued in his capacity as an advisor \u2014 another case would emerge. This time it concerned Barletta\u2019s conduct with Rachel \u2014 a female graduate student who arrived in the in the mid-2010s. When Barletta was up for a promotion to full professorship, Rachel submitted a letter to the promotion committee detailing Barletta\u2019s behavior towards her \u2014 inquiring about her sexuality, gender expression and romantic life and making her feel indebted to him for her admission. (Barletta remains an associate professor. The University declined to comment on whether Barletta was not promoted because of the Title cases against him.) Barletta\u2019s behavior made Rachel feel so unsafe that she redirected her course of study to avoid working with him. ( 2/21/25, 8:16 Stanford professor sexually harassed his student a decade ago. Some female students say his inappropriate behavior never stop\u2026 7/12 Barletta is one of just six faculty members ( dept=4&name=) in Stanford\u2019s Department of Iberian and Latin American Cultures (ILAC), which is one of five departments in the DLCL. Faculty and students said that the comparatively small niches of the programs make it especially difficult for students like Rachel to both avoid certain faculty and pursue their intended course of study. Months after submitting the letter, Rachel received notice of a Title investigation related to Barletta\u2019s conduct towards her and was given the option to serve as a witness. Interim Title Coordinator Catherine Glaze told Rachel that concerns brought forward by mandatory reporters had triggered the investigation, though it is unclear whether those reports arose from her letter. Rachel and Barletta first developed an academic relationship when she was considering attending Stanford. She told The Daily that in a virtual meeting with Barletta, which marked their first time speaking to each other, he promised to advocate for her through the application process, guaranteeing that the department\u2019s faculty members would discuss her admissions file. Rachel described Barletta\u2019s support as a \u201cgolden ticket,\u201d which \u2014 once she arrived at Stanford \u2014 began to feel more like a \u201cnepotistic favor,\u201d leaving her feeling isolated from her peers and deeply indebted to him. \u201cIt felt like when came to Stanford already owed him a lot,\u201d Rachel said, describing how, as in the earlier case, he immediately positioned himself as her advisor. (Graduate students in the department are not required to select an advisor until after their second year.) In Title documents obtained by The Daily, Rachel described Barletta encouraging her to attend one-on-one meetings with him, keeping her after class and persistently inquiring about her sexuality and romantic relationships, in turn sharing intimate details about his personal life and marriage, according to the documents. She characterized Barletta\u2019s behavior in interviews with Title investigators as \u201cpredatorial\u201d and indicative of a \u201cpattern of grooming.\u201d She also reported feeling sexualized in his presence. \u201cIt always felt like he was a live threat, and just didn\u2019t know where it was going to go next,\u201d she told The Daily. She explained how, given the inherent power imbalance in their relationship, she felt \u201ccaptive\u201d to Barletta. She said that Barletta had also encouraged her to study independently with him in Lisbon, Portugal for the summer. While he would be teaching a class there, he told Rachel that he would also work with her one-on-one, she said. But when she shared news of this offer with a fellow student in the DLCL, she was made aware of previous harassment allegations against Barletta. She decided not to travel with him and grew fearful about their relationship. Hoping to \u201cfly under the radar,\u201d Rachel attempted to distance herself from Barletta, though she worried about potential academic and professional repercussions. She switched housing, relocated her office and became increasingly vigilant in her efforts to avoid Barletta, memorizing his office hours and trying to learn to identify the sound of his voice. ( 2/21/25, 8:16 Stanford professor sexually harassed his student a decade ago. Some female students say his inappropriate behavior never stop\u2026 8/12 Despite her best attempts, she said that Barletta would still initiate interactions with her, roping her into long conversations around Pigott Hall that made her feel \u201ccornered\u201d by him. She said these interactions triggered \u201cfull panic attacks\u201d that would often leave her in distress for several days. \u201cYou can\u2019t have education where there\u2019s not trust, period.\u201d Professor David Palumbo-Liu The decision makers in Rachel\u2019s case \u2014 Interim Title Coordinator Catherine Glaze and Senior Associate Dean of the School of Earth, Energy and Environmental Sciences Scott Fendorf \u2014 concluded in the outcome letter that Barletta had not violated Stanford\u2019s Code of Conduct, non-discrimination policy or sexual harassment policy in his conduct with Rachel. They wrote that while Barletta\u2019s conduct was not of a sexual nature, his communications with Rachel \u201cwere of a personal and intimate nature.\u201d Glaze and Fendorf added that the investigators had interviewed another female graduate student with whom Barletta had engaged in similar conversations that \u201cmade her feel uncomfortable and exposed, and caused her to \u2018set very clear boundaries\u2019 with him.\u201d They wrote that he should refrain from engaging in such communications in the future. Glaze and Fendorf did not respond to The Daily\u2019s requests for comment. During the Title process, the investigators had asked Rachel whether Barletta\u2019s conduct could be classified as sexual. She responded \u201cno,\u201d according to the documents said no because that kind of framing was always too narrow for what was going on,\u201d she told The Daily think that\u2019s actually a very narrow definition of what harassment is.\u201d Given the constraints of Title adjudication, Rachel said she was not surprised by the outcome in her case \u2014 in her view, this case was about power, manipulation and workplace harassment more than it was about sexual harassment. The opacity of the Title process is in part responsible for the atmosphere of secrecy surrounding Barletta, Palumbo-Liu said. He expressed concern that, given the lack of open discussion about harassment within the DLCL, graduate students were left in the dark, rumors and hearsay thrived and the entire community was corroded by distrust. \u201cYou can\u2019t have education where there\u2019s not trust, period,\u201d Palumbo-Liu said. In his view, the only way to address this culture is by cultivating conversations within the community \u2014 not just relying on legal processes and disciplinary frameworks like Title IX, which may not always apply to the conduct at hand. Prior to the Title investigation, Rachel said she sought institutional support from some faculty and administrators. She said she was often left frustrated by their failure to take action. Glaze and Fendorf wrote in the outcome letter that none of the faculty in whom Rachel confided reported the matter to Title IX, which, while not a technical violation of their mandatory reporting responsibilities, would have been \u201cthe best course of action.\u201d Rachel told investigators that during a meeting with Satz \u2014 who had signed off on the Title findings in Jeanne\u2019s case just a few years prior \u2014 Satz said her case \u201cdid not meet the threshold\u201d of a Title violation, according to an interview transcript from the ( 2/21/25, 8:16 Stanford professor sexually harassed his student a decade ago. Some female students say his inappropriate behavior never stop\u2026 9/12 investigation. She recalled Satz laughing and telling her, \u201cThe only thing can think to offer you is advice from an older, wiser woman, which is when a man is acting in a way that makes you uncomfortable, you just have to tell him to stop.\u201d \u201cAnd then she showed me to the door,\u201d Rachel said. \u201cThat was the end of that conversation.\u201d Satz declined to comment on the meeting. After Rachel organized a department dinner to which Barletta RSVPed, she met with Director of Comparative Literature Amir Eshel, expressing concern that she would not be able to attend the event she had organized because she felt unsafe in Barletta\u2019s presence, according to the documents. Eshel informed her that while this was \u201cunfortunate,\u201d there was little he could do to address this issue because \u201chis hands were tied,\u201d the Title documents say. Last May, after Barletta received a Guggenheim Fellowship, Eshel described ( chagoya-awarded-guggenheim-fellowships/) him to The Daily as a \u201cvery good citizen of the [comparative literature] department.\u201d Eshel declined to comment for this story. \u2018Nobody\u2019s breaking the culture of silence he decision makers in Rachel\u2019s case concluded that Barletta\u2019s proposition that she do an independent study with him in Lisbon was \u201cunusual and highly inappropriate,\u201d according to the outcome letter in her case. But she was not the only student to have received that offer. Prior to the conclusion of Rachel\u2019s case, Barletta extended the same offer to Andrea, a female graduate student who matriculated at Stanford in the late 2010s. Andrea told The Daily that she was \u201cgenuinely confused\u201d by Barletta\u2019s offer; he was suggesting that she work with him on top of doing a rigorous language immersion program, and she would not receive credit for the independent study, given that it would occur the summer before she enrolled at Stanford. She also said that Barletta gave her a course code for the independent study, but she couldn\u2019t find it listed anywhere. From then on, she didn\u2019t consider participating. The Daily spoke with two male graduate students who worked with Barletta in the past decade. Both said they did not recall Barletta inviting them to study independently in Lisbon with him. Upon arriving at Stanford, Andrea saw how female students in the department put the onus on themselves to warn others about Barletta, amid what she and others described as a lack of institutional support. When she met with an older female student and shared that she was planning to work with Barletta, she described \u201ca shadow\u201d coming across her peer\u2019s face. That same day, another female student contacted Andrea out of concern for her \u201cwell-being and safety navigating the DLCL\u201d \u2014 specifically regarding Barletta. And when Andrea described what she had learned about Barletta to yet another female student without using his name, the student knew exactly which professor she was talking about. She suggested that Andrea talk to Rachel. ( 2/21/25, 8:16 Stanford professor sexually harassed his student a decade ago. Some female students say his inappropriate behavior never stop\u2026 10/12 Andrea and Rachel met in a Palo Alto coffee shop, where Rachel shared the letter she had submitted during Barletta\u2019s promotion process. Upon reading the letter, Andrea said she was instantly struck by the fact that they had both been invited to study independently with Barletta in Lisbon \u2014 and that Barletta had extended the offer in nearly the same way to each of them. Andrea said she walked out of the coffee shop feeling angry and confused, wondering why Barletta\u2019s conduct was allowed to persist. She decided she no longer felt safe working with Barletta. She considered switching departments and ultimately decided to work with a different professor, giving up on her dreams of researching medieval and early modern Spain in the process. \u201cIt just feels to me so deeply unacceptable that this continues,\u201d Andrea said. \u201cNobody\u2019s talking about it. Nobody\u2019s breaking the culture of silence around it.\u201d \u201cIt just starts to feel so endemic. It just feels like it\u2019s this thing that has such a long history that precedes you, that precedes you by so many years.\u201d Georgia Rosenberg is the Vol. 261 executive editor for print. She was previously a Vol. 260 news managing editor and a Vol. 258/259 desk editor for university news. Contact her at grosenberg 'at' stanforddaily.com! Grace Carroll is the Vol. 261 magazine editor. She was previously a news desk editor. Contact her at gcarroll 'at' stanforddaily.com. Print Article 2 days ago The Undergraduate Senate proposed an expansion of Title education and proposes proposes Title Title education, education, removes removes \u2026 \u2026 4 days ago Former Secretary Xavier Becerra told students to remain hopeful despite \u2026 Former Former Health Health Secretary Secretary criticizes criticizes \u2026 \u2026 8 days ago Stanford students and faculty questioned the future of efforts at Stanford Stanford removes removes information information from from \u2026 \u2026 11 days ago Nishesh Basavared gives an in-depth lo his decision to turn The The next next big big serv serv Nishesh Nishesh \u2026 \u2026 The Stanford Daily ( News (/category/news) University (/news/university-news/) Academics (/category/news/academics-news/) Campus Life (/category/news/campus-life-news/) Graduate Students (/category/news/graduate-students/) Business & Technology (/category/news/business-and- technology-news/) Data (/category/@94305/) Equity Project (/category/equity-project/) Sports (/category/sports) Fall Sports (/category/sports/fall-sports/) Winter Sports (/category/sports/winter-sports/) Spring Sports (/category/sports/spring-sports/) Arts & Life (/category/arts-life) Screen (/category/arts-life/screen/) Culture (/category/arts-life/culture/) Music (/category/arts-life/music-intermission/) Reads (/category/arts-life/reads/) Opinions (/category/opinions) Columnists (/category/opinions/columnists/) Editorials (/opinions/editorials/) Letters from the Editor (/letters-to-the-community/) Letters to the Editor (/letters-to-the-editor/) Op-Eds (/category/opinions/op-eds/) Grind (/category/thegrind) Humor (/category/humor/) Multimedia (/category/multimedia) Video ( Podcasts ( si=cZWDWKp2SiOotNh4ZqG0xg&nd=1) Cartoons (/category/cartoons/) Graphics (/category/cartoons/) Tech ( Magazine (/category/magazine/) ( 2/21/25, 8:16 Stanford professor sexually harassed his student a decade ago. Some female students say his inappropriate behavior never stop\u2026 11/12 Archives ( (/category/dei) Resources (/campus-resources) About Us (/about) Masthead (/masthead) Alumni ( Print Paper ( ( ( ( ( ( stanford-daily/mycompany/) ( ( ( ( daily/id1341270063) ( id=com.Stanford.Daily.App) \u00a9 2025 Privacy Policy (/privacy-policy/) Accessibility (/accessibility//) Advertise (/advertise/) Proudly Powered by WordPress Donate (/donate/) and support The Daily when you shop on Amazon ( ( 2/21/25, 8:16 Stanford professor sexually harassed his student a decade ago. Some female students say his inappropriate behavior never stop\u2026 12/12", "8875_102.pdf": "( ( \u2022 From the Community ( From the Community \| Graduate workers seek recourse for sexual harassment Privacy - Terms ( 2/21/25, 8:16 Graduate Workers Need Real Recourse for Sexual Harassment 1/8 ( The Stanford Graduate Workers Union would represent students who earn money from the University \u2014 primarily master's and Ph.D. students. (Photo courtesy of Ryan Cieslikowski) Opinion by From the Community ( May 8, 2024, 11:55 p.m. ( 2/21/25, 8:16 Graduate Workers Need Real Recourse for Sexual Harassment 2/8 Listen to this article with After six months of bargaining, Stanford Graduate Workers\u2019 Union (SWGU) reached a tentative agreement with the University for a grievance procedure, which will be the enforcement mechanism for the forthcoming first contract. However, the University proposed to exclude sexual harassment, sexual assault and other prohibited sexual conduct as grievable from the contract. \u201cAny determination pursuant to the University\u2019s Sexual Harassment policy shall be final and not grievable under this Agreement.\u201d This exclusion could have been predicted from Stanford, the institution that employed Jay Fliegelman ( brick/) (accused of assault, deceased) and Franco Moretti ( span-three-campuses/) (accused of harassment and assault, retired), and currently employs Vincent Barletta ( sexually-harassed-his-student-a-decade-ago-some-female-students-say-his-inappropriate- behavior-never-stopped/) (who violated Stanford\u2019s sexual harassment policy in the early 2010s). The Daily investigated ( professor-sexually-harassed-his-student-a-decade-ago-some-female-students-say-his- inappropriate-behavior-never-stopped/) Barletta in June 2022, but he quietly returned to teaching this winter in spite of calls ( for-termination-of-professor-vincent-barletta-following-daily-investigation/) for his termination. The latest proposal says nothing about power abuse and bullying. Our colleagues at said ( it best: \u201cprotected class [\u2026] does not cover cases of power-based harassment, more commonly called bullying.\u201d Like graduate workers, Stanford graduate workers deserve comprehensive protections that will allow them to effectively secure their persons and their labor against illegal infringement including harassment and discrimination in all its forms. Reporting rates for harassment and discrimination of all types are abysmally low at Stanford. Of ( respondents, only 6% ( Experiential/ImpactandReporting?%3Aembed=y) of graduate workers who experienced discrimination and/or harassment made a formal report. That means 94% resolved to not ( 2/21/25, 8:16 Graduate Workers Need Real Recourse for Sexual Harassment 3/8 make a formal complaint. Yet 43% ( Experiential/ImpactandReporting?%3Aembed=y) of them did seek out resources for advice, support, or information. These numbers suggest that graduate workers do not see the University\u2019s existing procedures as capable of providing meaningful recourse. In bargaining with SWGU, University representatives admitted that low reporting stems from lack of trust in existing procedures, and argued that trust takes time to build. They also argued that protections offered by the union against sexual harassment, sexual assault, other prohibited sexual conduct, power abuse, and bullying would be redundant to existing procedures under the University\u2019s Sexual Harassment policy, and not improve reporting outcomes. Trust will not arise from procedures that are both wholly inadequate and lacking oversight from the start. Under the current system, graduate workers report sexual misconduct to the Sexual Harassment/Assault Response & Education (SHARE) Title office or the Stanford Police Department. But advocates for survivors of sexual violence decry ( process-marred-by-confusion-lack-of-transparency-advocates-say/) existing reporting processes as confusing and lacking transparency. Besides Title is simply not equipped to adjudicate for power differentials across academic ranks. Take for example the fact that only 11% ( of graduate respondents to the survey \u201cstrongly agreed\u201d with the statement, \u201cIn my department or work unit, it is easy to discuss difficult issues and problems.\u201d This finding alone tells us that fear of retaliation is an everyday reality for most graduate workers at Stanford. But reported ( a grand total of zero\u2014nil!\u2014reports of retaliation in 2022-2023. As it stands, the University directs graduate workers to their dean if the complaint involves power abuse, bullying, and/or an allegation of sexual misconduct that does not trigger a Title investigation. (Little known fact: the University\u2019s human resources department does not process complaints against faculty.) The dean individually and subjectively judges the complaint as meeting an undisclosed threshold of requiring an investigation. With or without Title investigations, the dean is the last stop for graduate workers dealing with\u2014 or simply suspecting \u2014 sexual harassment, sexual assault, other prohibited sexual conduct, power abuse and/or bullying. Once a Title investigation concludes Title typically issues recommendations to the Dean of the ( 2/21/25, 8:16 Graduate Workers Need Real Recourse for Sexual Harassment 4/8 respondent, which might include sanctions of the respondent. The University\u2019s Sexual Harassment policy does not guarantee the implementation of these recommendations. As a result, bad actors behave with impunity at Stanford, because they know that they will likely never face sanctions or public scrutiny. Recall the case of Barletta ( sexually-harassed-his-student-a-decade-ago-some-female-students-say-his-inappropriate- behavior-never-stopped/). The pseudonymous Rachel told investigators that she went to her dean to ask for institutional support on how to navigate her working relationship with Barletta. She recalled Dean Debra Satz \u201claughing and telling her, \u2018The only thing can think to offer you is advice from an older, wiser woman, which is when a man is acting in a way that makes you uncomfortable, you just have to tell him to stop.\u2019\u201d Then Satz showed Rachel the door. Rachel was not the first graduate worker to be impacted by Barletta and the University\u2019s callous betrayal. Barletta had \u201csexually [had] harassed his student a decade ago\u201d and \u201chis inappropriate behavior [had] never stopped.\u201d The pseudonymous Jeanne said of Barletta\u2019s continued behavior: \u201c[it\u2019s] all a riff on the same story [\u2026] he has refined his techniques.\u201d The story is a glaring example of how \u2014 when survivors lack real recourse and perpetrators lack accountability \u2014 perpetrators are emboldened to continue their harassing behaviors. Graduate workers need union-backed channels to process all grievances, including those that fall under the University\u2019s Sexual Harassment policy. Moving forward, the possibility of filing a union grievance will serve as a deterrent against all forms of discrimination and harassment acknowledged in the contract. Union-supported grievance processes will not only provide a means to challenge misconduct, but also encourage resolution. Under union-backed grievance processes, cases are typically resolved before reaching arbitration, because the prospect of arbitration encourages parties to settle disputes. Additionally, the threat of outside arbitration will further dissuade bad actors. Everything would have been different for Jeanne and Rachel had they had real recourse. Jeanne had neither a union nor a union-backed grievance process, and was left alone to navigate the complex landscape of Title and University administrators, some of whom acted like bullies, \u201cappear[ing] to be looking for a narrative that she \u201cwanted\u201d to be intimately involved with Barletta.\u201d If sanctions following Jeanne had been effective, Rachel might have not faced Barletta\u2019s harassment in the years to come. Instead, \u201cwhile sanctions from Jeanne\u2019s Title case were still in place [\u2026] [Rachel\u2019s] case [\u2026] emerge[d].\u201d ( 2/21/25, 8:16 Graduate Workers Need Real Recourse for Sexual Harassment 5/8 Going forward, the primary point of contact for graduate workers facing misconduct must be SGWU, and not University administrators. The Union must be able to empower graduate workers to seek real recourse regardless of the nature of the mistreatment. With full provisions for non-discrimination will play a crucial role in securing the workplace against all illegal infringement through codified procedures. Every union member will have the right to request the presence of a union representative at a disciplinary meeting or at any meeting where disciplinary action is anticipated. Should a graduate worker suspect a violation of their contract or any illegal infringement of their labor rights and decide to take action, their case will be assigned to a union steward, who will be trained, experienced, and legally protected, and will leverage every available resource to address the concern. Moreover, if the graduate worker experiences retaliation after complaining, they will also have full protections because retaliation is not just power-based harassment, but illegal in the state of California. Finally, if cases cannot be resolved through this mediation, the union will have the ability to escalate adjudication to a third-party neutral arbitrator. The only way graduate workers will ensure the safety of their workplace is with a strong contract that includes a union-backed process with full, unrestricted protections. Graduate workers: we are counting on you to show up to SWGU\u2019s action ( on May 16. Be sure to attend Contract Action Committee meetings, and your area meetings. The time to win that strong contract is now. Chlo\u00e9 Brault is a Ph.D. candidate in comparative literature. Sophie Jean Walton is a Ph.D. candidate in biophysics and a member of the Stanford Graduate Workers Union Bargaining Committee. The Daily is committed to publishing a diversity of op-eds and letters to the editor. We\u2019d love to hear your thoughts. Email letters to the editor to eic \u2018at\u2019 stanforddaily.com and op-ed submissions to opinions \u2018at\u2019 stanforddaily.com. 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Got it What do you think? 15 Responses 0 Ratings Comments and reactions for this thread are now closed. Share Best Newest Oldest Upvote 5 Funny 0 Love 5 Surprised 1 Angry 1 Sad 3 \u2605\u2605\u2605\u2605\u26050.0 \u00d7 1 Comment \ue603 1 Login Reasonator \u2212 \u2691 9 months ago Stanford protects rapists and calls for rape: 1 0 Subscribe Privacy Do Not Sell My Data \u2945 The Stanford Daily ( News (/category/news) University (/news/university-news/) Academics (/category/news/academics-news/) Campus Life (/category/news/campus-life-news/) Graduate Students (/category/news/graduate-students/) Sports (/category/sports) Fall Sports (/category/sports/fall-sports/) Winter Sports (/category/sports/winter-sports/) Spring Sports (/category/sports/spring-sports/) Arts & Life (/category/arts-life) ( 2/21/25, 8:16 Graduate Workers Need Real Recourse for Sexual Harassment 7/8 Business & Technology (/category/news/business-and- technology-news/) Data (/category/@94305/) Equity Project (/category/equity-project/) Screen (/category/arts-life/screen/) Culture (/category/arts-life/culture/) Music (/category/arts-life/music-intermission/) Reads (/category/arts-life/reads/) Opinions (/category/opinions) Columnists (/category/opinions/columnists/) Editorials (/opinions/editorials/) Letters from the Editor (/letters-to-the-community/) Letters to the Editor (/letters-to-the-editor/) Op-Eds (/category/opinions/op-eds/) Grind (/category/thegrind) Humor (/category/humor/) Multimedia (/category/multimedia) Video ( Podcasts ( si=cZWDWKp2SiOotNh4ZqG0xg&nd=1) Cartoons (/category/cartoons/) Graphics (/category/cartoons/) Tech ( Magazine (/category/magazine/) Archives ( (/category/dei) Resources (/campus-resources) About Us (/about) Masthead (/masthead) Alumni ( Print Paper ( ( ( ( ( ( stanford-daily/mycompany/) ( ( ( ( daily/id1341270063) ( id=com.Stanford.Daily.App) \u00a9 2025 Privacy Policy (/privacy-policy/) Accessibility (/accessibility//) Advertise (/advertise/) Proudly Powered by WordPress Donate (/donate/) and support The Daily when you shop on Amazon ( ( 2/21/25, 8:16 Graduate Workers Need Real Recourse for Sexual Harassment 8/8", "8875_103.pdf": "Home Home Our Staff 2024-25 Our Staff 2024-25 Print Archive Print Archive Features Features Magazine Magazine News News Opinions Opinions Sports Sports Posted By Gettysburgian Staff on Dec 16, 2023 \| 0 comments By The Gettysburgian Editorial Board Colleges and universities are institutions that are meant to guide humanity into the future. Ideas\u2014new and old\u2014are exchanged, discussed, studied and analyzed in the pursuit of knowledge. The nature of academia is inherently divisive because of its role as a place for contradicting views and ideas to be challenged. This divisiveness is by design\u2014existing knowledge, opinions and theories are meant to be explored, critiqued and improved upon. Naturally, disagreements can lead to conflict. Higher education is meant to serve as the platform for the peaceful exchange of differing, or even contradictory, ideas. Without dialogue, disagreeing sides cannot work together to come to resolution. However, time and time again, hateful ideas have been able to spread through the lens of academic and scientific study. Additionally, censorship remains an issue on campuses as universities debate the limits of free speech. Gettysburg College, and higher education in general, must work to curate academic environments that promote the advancement of human knowledge through the curation of respectful, good-faith dialogue while also avoiding the spread of inaccurate information. This is to avoid subsequent promotion of pseudoscience, but excessive censorship of faculty and students also must not be allowed as a response to misinformation; this can be equally as damaging to the learning environment. Schools around the country have already faced much controversy about what a learning environment should look like. Earlier this year, English Professor Sam Joeckel of Palm Beach Atlantic University was fired after over 20 years working at the school. The reasoning\u2014complaints about his English Composition course\u2019s unit on racial injustice was \u201cindoctrinating students.\u201d This included teaching on the writings of prominent Black Americans\u2014Martin Luther King, Jr, Frederick Douglass, W.E.B. DuBois, Malcolm X, Booker T. Washington\u2014key figures in American history who are widely read and frequently discussed on college campuses. Challenging preconceived beliefs of students is not indoctrination\u2014it is exactly how students grow throughout their college years. It is not the job of the professor to tell students how to think, nor is it to force their beliefs onto students. But professors must be able to present information to students that challenges them, allowing students to form their own opinions based on classroom learning. If students disagree with the professor, they should express why. Otherwise, no learning occurs. Further, the university cited misdirection of his teaching of the course as the reason for his termination. Provost Chelly Templeton stated, \u201cFaculty are free to choose a theme that unifies their Composition course. However, it is important that the Composition objectives remain the focus of the course.\u201d This decision clearly shows how the administration of Palm Beach Atlantic University is Home Home Magazine Magazine Editorial: On Crafting the Academic Environment Editorial: On Crafting the Academic Environment Editorial: On Crafting the Academic Environment To write for The Gettysburgian, contact [email protected] 2/21/25, 8:17 Editorial: On Crafting the Academic Environment \| The Gettysburgian. 1/3 not concerned with crafting an academic environment based on learning. Censorship in this manner inhibits the academic freedom of faculty and students alike\u2014information offered to students is limited while professors are unable to have control over their own course material. Palm Beach Atlantic University is unique among colleges and universities because it does not offer tenure positions to faculty. Academic tenure is one protection that some professors are able to obtain from arbitrary termination. When professors earn tenure, they sign-on to work for a college or university indefinitely. In other words, they cannot be fired from their position without very strong reasoning to do so. 67% of current Gettysburg College faculty are tenured, theoretically protecting their freedom both in the classroom and in their academic work from outside influence. Tenure can also have downsides. Tenured faculty are often treated as if they have complete immunity, allowing serious misconduct to occur 2022 investigation by The Stanford Daily, Stanford University\u2019s student newspaper, uncovered the decade-long ignorance of the sexual misconduct of Professor Vincent Barletta by the university\u2019s administration. According to their report, the Stanford administration first found that Barletta violated Title policy over a decade ago, but not in a manner that enabled his termination. He successfully earned tenure in 2012, after only a slight delay due to his ongoing Title case, and he has since faced many new Title cases. Despite widespread protest among students and community members, Professor Barletta continues to work and teach as a tenured faculty member at one of the most elite universities in the world. Granting tenure to faculty can have the unintentional effect of enabling universities to ignore misconduct. Tenure is an important part of higher education that protects professors\u2019 academic freedom, but universities must also enforce their guidelines that allow for the termination of tenured professors in the case of gross legal and ethical violations. Professors are also able to spread misleading or inaccurate information through their work, especially when their teaching advances their own world view without consideration for the full context or historical background. Over the years, academia has given credibility to many pseudoscientific beliefs. Scientific racism and eugenics were theories popularized in the nineteenth century, rooted in the false perception that research in the fields was based in scientific evidence, and popularized by prominent bad-faith academics. Back in 1838, a group of scientists and doctors founded the Medical School of Pennsylvania College, the former name of Gettysburg College. The school didn\u2019t exist for long, and it struggled greatly with finances during its brief tenure, but the College\u2019s medical school existed in Philadelphia from 1838 to 1861. Among its founders was Samuel George Morton, a Philadelphia-born biologist, physician and researcher who worked on founding the medical school from 1838 until 1841. In addition to his brief work for the College, Morton was an early leader in advancing scientific racism. He was an advocate of polygenism, the widely disproved theory that humans of different races did not originate from the same place. This theory has been used by white supremacists as an attempt to legitimize a racial hierarchy. In 1981, historian Stephen Jay Gould published a book, \u201cThe Mismeasure of Man,\u201d in which he investigates scientific racism and the alleged empirical evidence it is based upon. In this, Gould is able to point out systemic flaws in Morton\u2019s methodology. He specifically disproves Morton\u2019s study of human skull sizes, in which he claimed that white people\u2019s brains were larger than black people\u2019s, and therefore they were more intelligent. Gould pointed to selection bias, manipulated data, unconscious bias and systematic analytical error as evidence of Morton\u2019s failures. The implications of situations similar to Morton and Gould\u2019s in higher education are wide-reaching, especially in the current polarized political climate. Misinformation, especially when targeted against marginalized groups, can have deadly consequences. So, how can Gettysburg respond to challenges in the classroom in order to improve our academic environment? By protecting academic freedom, encouraging students to express their viewpoints and ensuring that the only consequence of respectful expression of free speech is the possibility of starting a productive conversation to gain insight into a different point of view. However, this must include checks on both student and faculty behavior to ensure engagement in respectful, productive dialogue. Protection of free speech does not equate to protection of hateful speech, which can create a culture of silence on vital issues, especially among targeted groups. Ignorance breeds hatred, while conversation creates understanding. Students are gaining their most valuable experience when their views are challenged in a way that allows them to learn something new, and through encouraging and protecting free speech, this environment of mutual learning can be maintained. By remaining respectful, but skeptical, of opposing viewpoints, and protecting targeted groups from unproductive hateful speech or even violence, productive dialogue is possible. It\u2019s up to Gettysburg College, its students and its faculty to continue to craft a healthy academic environment that balances academic freedom and censorship and moves humanity one step closer to understanding the world we call home. This article originally appeared on pages 20 to 21 of the December 2023 edition of The Gettysburgian\u2019s magazine. The opinions pu section are those writers and are i representative o Gettysburgian st Gettysburgian or College. The Gett committed to be of ideas for the c community. We who wants to wr send it to our Op David Poulos. Editor\u2019s Note Editor\u2019s Note Trending Articles Trending Articles Interd Depar Antis 500 Attack Opini a Form Suppo That of Th Actua Impor Opini Confl and 10th Symp Acade of Fir Search Search 2/21/25, 8:17 Editorial: On Crafting the Academic Environment \| The Gettysburgian. 2/3 Share This Post On Share This Post On Submit Comment Submit a Comment Your email address will not be published. Required fields are marked * Comment * Name * Email * Website Save my name, email, and website in this browser for the next time comment. Notify me of follow-up comments by email. Notify me of new posts by email. Author: Author: Gettysburgian Staff Gettysburgian Staff The Gettys about a w Gettysburg wo basketball was The The 2.7K follo 2.7K follo Follow Page Login Login Log in Entries feed Comments feed WordPress.org Designed by Design Studio 2/21/25, 8:17 Editorial: On Crafting the Academic Environment \| The Gettysburgian. 3/3", "8875_104.pdf": "( ( Students call for termination of professor Vincent Barletta following Daily investigation ( Students protest Stanford administration's treatment of sexual violence on campus on Oct. 14. The lack of disciplinary action against Vincent Barletta has been a spark-plug for student activists at Stanford. (Photo TAKI/The Stanford Daily) This story contains references to sexual violence. The Daily is withholding specific dates, instead using general timeframes, to protect the identities of our sources. Privacy - Terms Oct. 27, 2022, 12:13 a.m. By Georgia Rosenberg ( and Grace Carroll ( ( 2/21/25, 8:17 Stanford students call for firing of professor Vincent Barletta 1/7 Student leaders are calling for the termination of tenured associate professor Vincent Barletta amid renewed outrage ( university-action-on-sexual-violence-demand-justice/) surrounding Stanford\u2019s handling of sexual misconduct. Barletta, who has faced ( sexually-harassed-his-student-a-decade-ago-some-female-students-say-his-inappropriate- behavior-never-stopped/) at least three Title cases since the early 2010s, is currently on a year-long leave to pursue research related to his 2021 Guggenheim Fellowship graduate student who worked with Barletta in Stanford\u2019s Division of Literatures, Cultures and Languages (DLCL) said that the leave is unrelated to The Daily\u2019s investigation and was planned as early as the fall of last year. The student requested anonymity for fear of retaliation within the department. Last week, the Undergraduate Senate (UGS) unanimously passed ( stanford-to-address-sexual-violence/) a resolution calling on the University to fire and revoke honors from Barletta and other professors who have allegations of sexual or domestic violence against them. Student activists called for Barletta\u2019s termination at a recent protest organized by Sexual Violence Free Stanford (SVFree). They have also taken to the doors of Pigott Hall ( where some offices, including Barletta\u2019s, are located, posting signs against what they see as Stanford\u2019s failure to address sexual violence among faculty. Barletta, who is a professor of Comparative Literature and Iberian and Latin American Cultures, did not respond to a request for comment. In the early 2010s, University officials determined that Barletta had violated Stanford\u2019s sexual harassment policy after he kissed his advisee and \u201cblurred the lines of a professional and overly personal advisor-advisee relationship\u201d with her. Despite the case outcome, the University allowed Barletta to continue teaching and formally advising graduate students. Several years later, he faced another Title complaint from a different female graduate student. In this case, Barletta was not found to have violated Stanford\u2019s sexual harassment policy, though University officials concluded that his behavior towards the student \u2014 which she described to Title officials as \u201cpredatorial\u201d \u2014 was \u201cof a personal and intimate nature.\u201d While tenure grants professors the right not to be dismissed, avenues still exist for the University to terminate tenured faculty members who violate Stanford\u2019s policies. According to Stanford\u2019s Faculty Handbook ( ( 2/21/25, 8:17 Stanford students call for firing of professor Vincent Barletta 2/7 statements#statement-on-faculty-discipline), the Provost has the power to charge a tenured faculty member with professional misconduct, which includes sexual harassment and could ultimately lead to their dismissal ( statements#statement-on-faculty-discipline). When Barletta was up for tenure, his process was delayed due to a different Title case against him. He was ultimately awarded tenure in 2012. The University declined to comment on community demands for Barletta\u2019s termination or explain the legal constraints, if any, that would prevent his dismissal. Sofia Scarlat \u201924, the co-director of the Sexual Violence Prevention Committee and co-leader of SVFree, described the University\u2019s response to Barletta as one example of a broader trend in Stanford\u2019s mishandling of faculty sexual misconduct. \u201cYou could be walking into your classroom and be face to face with someone who\u2019s committed sexual assault, and you would never know, because Stanford is never going to tell you, and they\u2019re never going to take action,\u201d Scarlat said. University spokesperson Dee Mostofi characterized claims that Stanford \u201cdoes not address issues of sexual violence by individuals within our community, including faculty, students and staff\u201d as \u201cgrossly inaccurate.\u201d Barletta led a research seminar this past summer for undergraduate students who came to Stanford from the City University of New York (CUNY) as part of an academic exchange program. Some professors \u2014 including English professor Seo-Young Chu M.A. \u201901, who was sexually abused ( misconduct-investigation/) by professor Jay Fliegelman when she was a Ph.D. student at Stanford \u2014 have expressed outrage and concern ( reckon-with-your-history-of-sexual-violence/) that Barletta was allowed to interact with their students. Participants were given the choice to opt-out of his seminar in the aftermath of The Daily\u2019s investigation. Tania Flores, a fourth-year Ph.D. student in Iberian and Latin American Cultures (ILAC) and the graduate student representative, described the current atmosphere in the as \u201cstrained.\u201d She said that while many students have been urging faculty to take action to prevent further sexual misconduct, their concerns about Barletta\u2019s return to the department have not received a substantive response from leadership. ( 2/21/25, 8:17 Stanford students call for firing of professor Vincent Barletta 3/7 The current chair of the DLCL, Professor of German Kathryn Starkey, did not respond to multiple requests for comment. Comparative literature professor David Palumbo-Liu said that \u201ca disappointing number\u201d of faculty within the have shown apathy in the aftermath of The Daily\u2019s reporting on Barletta, which he said has been discussed in internal faculty conversations. \u201cMost people don\u2019t care,\u201d he said. \u201cThey don\u2019t say they don\u2019t care, they say their hands are tied. But that to me is saying you don\u2019t care because if you care, you try every other avenue, including getting other people involved and creating multiple pressure points and ways of changing the situation.\u201d Outcry regarding the University\u2019s response to sexual violence was sparked in part by a recently reported rape ( campus/) on campus, which followed a similar report ( on Aug. 9. The University has since temporarily increased campus security. But some student activists say that Stanford\u2019s security response suggests an attempt by administrators to insulate the University\u2019s campus from outside threats, while the administration turns a blind eye to preventing misconduct perpetrated by people, including faculty, who have designated responsibilities and spaces within the University. \u201cWe are missing the elephant in the room, which is, how are we going to address these assaults within the faculty ranks in our community?\u201d said Graduate Student Council (GSC) Co-Chair Emily Schell, a fifth-year Ph.D. student in Development and Psychological Sciences. Schell described the issue of faculty sexual midconduct as a particularly acute concern for graduate students, given the power dynamics at work within the advisor-advisee relationship. Several graduate students in the told The Daily that Barletta\u2019s behavior had caused them to redirect their academic trajectories. \u201cThis is not about one person\u2019s career. This is about all of our careers,\u201d said Jon Tadmor, a first-year Ph.D. student in Comparative Literature who learned about the allegations against Barletta from The Daily\u2019s reporting before he arrived at Stanford. According to Schell, the is working on a resolution related to sexual violence, in part to encourage the Faculty Senate to talk about the University\u2019s response to Barletta\u2019s behavior. The University has not publicly acknowledged the allegations against Barletta. ( 2/21/25, 8:17 Stanford students call for firing of professor Vincent Barletta 4/7 Georgia Rosenberg is the Vol. 261 executive editor for print. She was previously a Vol. 260 news managing editor and a Vol. 258/259 desk editor for university news. Contact her at grosenberg 'at' stanforddaily.com! Grace Carroll is the Vol. 261 magazine editor. She was previously a news desk editor. Contact her at gcarroll 'at' stanforddaily.com. Print Article 2 days ago Stanford Intramural Sports introduced a coed league with new rules limiting \u2026 Stanford Stanford Intramural Intramural Sports Sports introduces introduces \u2026 \u2026 5 days ago The University must comment and improve on the perceived state of our call call for for leadership leadership in in strengthening strengthening \u2026 \u2026 20 hours ago Stanford doctors and healthcare workers reflect on the panel \"Gaza \u2026 Humanity Humanity denied: denied: Physicians Physicians witness witness \u2026 \u2026 3 days ago The couple, who m students at the Gra School of Business Rishi Rishi Sunak, Sunak, Aks Aks Murty Murty to to deliver deliver ( 2/21/25, 8:17 Stanford students call for firing of professor Vincent Barletta 5/7 The Stanford Daily Comment Policy Please read our Comment Policy before commenting. Got it What do you think? 22 Responses 0 Ratings Comments and reactions for this thread are now closed. Share Best Newest Oldest Upvote 5 Funny 0 Love 0 Surprised 3 Angry 12 Sad 2 \u2605\u2605\u2605\u2605\u26050.0 \u00d7 1 Comment \ue603 1 Login Rohn Jambo \u2212 \u2691 2 years ago For an institution so concerned about its reputation, Stanford seems not to think that allowing sexual crimes on its campus and-or by its faculty have anything to do with its reputation. 0 0 Subscribe Privacy Do Not Sell My Data \u2945 The Stanford Daily ( News (/category/news) University (/news/university-news/) Academics (/category/news/academics-news/) Campus Life (/category/news/campus-life-news/) Graduate Students (/category/news/graduate-students/) Business & Technology (/category/news/business-and- technology-news/) Data (/category/@94305/) Equity Project (/category/equity-project/) Sports (/category/sports) Fall Sports (/category/sports/fall-sports/) Winter Sports (/category/sports/winter-sports/) Spring Sports (/category/sports/spring-sports/) Arts & Life (/category/arts-life) Screen (/category/arts-life/screen/) Culture (/category/arts-life/culture/) Music (/category/arts-life/music-intermission/) Reads (/category/arts-life/reads/) Opinions (/category/opinions) Columnists (/category/opinions/columnists/) Editorials (/opinions/editorials/) Letters from the Editor (/letters-to-the-community/) Letters to the Editor (/letters-to-the-editor/) Op-Eds (/category/opinions/op-eds/) Grind (/category/thegrind) Humor (/category/humor/) Multimedia (/category/multimedia) Video ( Podcasts ( si=cZWDWKp2SiOotNh4ZqG0xg&nd=1) Cartoons (/category/cartoons/) Graphics (/category/cartoons/) Tech ( Magazine (/category/magazine/) Archives ( (/category/dei) Resources (/campus-resources) About Us (/about) Masthead (/masthead) Alumni ( Print Paper ( ( ( ( ( ( stanford-daily/mycompany/) ( ( ( ( daily/id1341270063) ( id=com.Stanford.Daily.App) ( 2/21/25, 8:17 Stanford students call for firing of professor Vincent Barletta 6/7 \u00a9 2025 Privacy Policy (/privacy-policy/) Accessibility (/accessibility//) Advertise (/advertise/) Proudly Powered by WordPress Donate (/donate/) and support The Daily when you shop on Amazon ( ( 2/21/25, 8:17 Stanford students call for firing of professor Vincent Barletta 7/7", "8875_105.pdf": "City University of New York (CUNY) City University of New York Academic Works Academic Works Publications and Research Queens College 2022 \"Dear Stanford: You must reckon with your history of sexual \"Dear Stanford: You must reckon with your history of sexual violence\" by Seo-Young Chu violence\" by Seo-Young Chu Seo-Young J. Chu Queens College How does access to this work benefit you? Let us know! More information about this work at: Discover additional works at: This work is made publicly available by the City University of New York (CUNY). Contact: [email protected] -violence/ Opinions From the Community \| Dear Stanford: You must reckon with your history of sexual violence Seo-Young Chu was a student at Stanford when she was sexually abused by a Stanford professor in 2000. (Courtesy of Seo-Young Chu) Content warning: This article contains references to rape and sexual assault. Seo-Young Chu M.A. '01 stopped going by the name \u201cJennie\u201d after she was raped in 2000 by a Stanford professor, she said. Her contact information can be found here: July 12, 2022 By From the Community Dear Stanford: It should never have come to this. Dear Stanford: I\u2019ve given you so many opportunities to correct your mistakes. Dear Stanford: When you create traumatized alumni, ask your traumatized alumni for donations, betray our trust again and again, continually fail to learn from your blunders, and have the audacity to claim you are \u201chelpless,\u201d all while remaining obscenely rich, you cannot call yourself a \u201cgood school.\u201d Dear Stanford: This was supposed to be an \"open letter\" but my trauma is radioactive and this letter is mutating, turning into something else. Dear Stanford: You had decades to prevent the Barletta situation. Decades. All that wealth \u2014 and for what? Truly a waste. You have no excuse. By the way, when address \u201cStanford\u201d here am addressing those in positions of power and authority. The more power you have, and the more you are being paid, the more accountable you are to your community and for Stanford\u2019s failures. Dear Stanford: In 2000, you let your \u201cstar\u201d faculty violate my 22-year-old self. That\u2019s how my career began \u2014 with violence am still struggling to comprehend was so naive and inexperienced was confused by what was happening \u2014 Dear Stanford: Now you\u2019re sending your rape culture to where work and teach? How dare you! How dare you invade my home? Dear Stanford: This letter is repetitive because traumatic re-living is repetitive and you continue to resurrect those hideous memories by making headlines about rape culture on your campus. Dear Stanford: My parents sacrificed a lot to give me a life less chaotic and violent than theirs. They trusted you to keep their daughter safe from the \u201cbad\u201d behavior of serial abusers. Their trust was betrayed \u2014 not once, not twice, but over and over and over and over and over again. Dear Stanford is underfunded. You are overfunded. What is the correct way to redress such inequality don\u2019t know do know that letting your rape culture make contact with students is the wrong way. Dear Stanford: Colleagues were \"repeatedly asked to \u2018babysit\u2019 Barletta\"? In what universe is such infantilization of a serial abuser acceptable? Dear Stanford: You cannot possibly claim that you are \u201chelpless\u201d here, that you \u201chad no idea,\u201d that you are understaffed or under-resourced. Dear Stanford: When was a 22-year-old first-year Ph.D. student in your English Department, your \u201cstar\u201d faculty raped and harassed me was unable, under such circumstances, to excel, to collaborate with colleagues (he isolated me), unable at times to work was too busy trying to avoid being raped), often unable to think at all. And my abuser did this to others at Stanford too. Not only did my abuser harm multiple students, but you continue to allow multiple people in positions of power and authority to harm generations of students and employees. Dear Stanford: How could you. How could you name that library in his honor after you yourself punished him for what he did to me? He used one of those books to won\u2019t finish this sentence won\u2019t go there. Not again. Dear Stanford: You have squandered my patience and goodwill. Dear Stanford: Archuleta, Barletta, Fliegelman, Moretti \u2014 why? Just \u2014 why? Dear Stanford: This is not how want to be spending my summer was actually working on my book project when news about Vincent Barletta \u201cmentoring students reset my brain\u2019s time zone to #PTSD. For the past month, I\u2019ve been re-living the year 2000 (when your \u201cstar\u201d faculty violated my 22-year-old self). Dear Stanford: Fuck you for covering up the abuse and the punishment. Dear Stanford: You are Victor Frankenstein and my suffering is the creature you made. Take responsibility for your creation. Dear Stanford had just turned 22 years old was naive and inexperienced was a first-year graduate student, new to the profession, new to teaching, new to California, new to Stanford. He was tenured. He was powerful. He was in his 50s. He had been a Stanford institution for decades. This is disjointed because I'm reliving it all over again. Shortly after he violated me was hospitalized. Shortly after was discharged from the hospital gave a guest lecture on Seneca Falls and women\u2019s rights. His response was to tell me forgot to mention women's right to sexual pleasure. There are gaps here because trauma is nonlinear, trauma broke my sense of time. At some point you conducted an investigation. As a result of the investigation, which was a brutal experience, you punished my abuser by suspending him for two years without pay. Some of his colleagues had the gall to blame me for the whole debacle. Dear Stanford: By enabling rape culture and abuse to flourish, you promote hostile thinking environments. You poison ideas. You destroy minds. You weaken intellectual communities. You prevent work from happening. Dear Stanford: Every minute, hour, day, week, month, year, decade of your silence and inaction is disrupting my \u201ccareer,\u201d is relevant to my work, has shaped my sense of self as an academic. Dear Stanford: I\u2019ve never sued you. I\u2019ve generously given you free feedback. I\u2019ve extended every deadline. I\u2019ve been more than patient with you. I\u2019ve spent countless hours educating you and cleaning up your messes. Dear Stanford: By criticizing you am not \u201cattacking\u201d your students, alumni, and workers am trying to make your campus better. Safer. More hospitable to learning. By speaking out like this am trying to be a good alumna hope you are paying attention. Dear Stanford: The truth is that my career started with rape. My career has been shaped by rape. My sense of who am as an academic: shaped by rape. The gaps in my are trauma-generated plot holes that lead to Northern California in the year 2000. Dear Stanford: I\u2019m angry, I\u2019m disabled have work to do have a migraine want to lie down and shut my eyes and rest. But this is too important can\u2019t rest until is safe from your rape culture. Dear Stanford: Have you even read Refuge for Jae-in Doe\u201d? The whole point of my sharing all that pain \u2014 and in a language your English Department would understand: sonnets! The Western Canon! English (Major)! \u2014 was to prevent more students from being harmed. Dear Stanford am as \u201cproud\u201d to have a degree from your school as would be \u201cproud\u201d to sport a blood diamond. Yes, the degree may glitter. But how much pain, injustice, conflict, humiliation, abuse, and violence does such glitter belie? Dear Stanford am ashamed to be associated with you. Dear Stanford: If were to write a book about your response to my requests for answers and answerability, most of the book\u2019s pages would be blank. Vacuous. Empty. Dear Stanford: Emptiness, too, is a response. And by definition it is worthless. Dear Stanford: Speaking out does not come naturally to me. Speaking out does not come naturally to many of us. In fact, it hurts. But remaining silent hurts even more. Don\u2019t let our advocacy be in vain. Dear Stanford: Prove to me that students are safe from the toxic rape culture that flourishes on your campus. Dear Stanford: You are indebted to me. You owe it to me \u2014 to all of us \u2014 to do better. An Incomplete Compilation of Links to Sources Documenting Stanford's History of Sexual Violence, in Chronological Order Refuge for Jae-in Doe: Fugues in the Key of English Major\". Author(s):: Seo-Young Chu (November 3, 1. 2017). \u201cGhost From the Past: Professor\u2019s essay about being harassed and raped by her late adviser sparks calls for 2. public acknowledgment of the reasons for his past suspension from Stanford and the renaming of a disciplinary society mentorship award that bore his name.\u201d By Colleen Flaherty (November 9, 2017). \u201c2 Women Say Stanford Professors Raped Them Years Ago.\u201d By Katherine Mangan 11, 3. 2017). \"English faculty told to redirect press questions on sexual assault allegations to University communications.\" 4. By Brian Contreras (Nov. 13, 2017, 1:00 a.m.). \u201cSexual Harassment and Assault in Higher Ed: What\u2019s Happened Since Weinstein.\u201d By Nell Gluckman , 5. Brock Read, Bianca Quilantan, and Katherine Mangan 13, 2017). \u201cEditorial Board: Let\u2019s hold faculty to a higher standard on sexual assault.\u201d Opinion by Vol. 252 Editorial 6. Board (Nov. 14, 2017, 3:00 a.m.). \u201cHere\u2019s What Sexual Harassment Looks Like in Higher Education.\u201d By Katherine Mangan 7. 16, 2017). \u201cOpen Letter from Alumni to Stanford: Not in Our Name.\u201d by 22, 2017). 8 Professor Is Kind of Like a Priest\u2019: Two recent cases reveal how the structure of American graduate 9. schools enables sexual harassment and worse.\u201d By Irene Hsu and Rachel Stone (Nov. 30, 2017). \"Stanford: Sexual misconduct revelation exposes storied professor's secret.\" (Dec. 1, 2017). 10. \u201cBehind the Fliegelman sexual misconduct investigation.\u201d By Fangzhou Liu (Dec. 2, 2017, 3:37 p.m.). 11. \u201cFormer students of Jay Fliegelman describe inappropriate relationships, sexual misconduct in 1980s, 12. 1990s.\u201d By RUAIR\u00cd 3, 2017). \u201cAn open letter to Stanford on sexual harassment in academia.\u201d Opinion by Gloria Fisk and From the 13. Community (Dec. 5, 2017, 3:00 a.m.). NOTE: Professor Alex Woloch has yet to respond (June 2022). \u201cWhat Happens When Sex Harassment Disrupts Victims\u2019 Academic Careers.\u201d By Nell Gluckman 14 6, 2017). \u201cFormer Grad Students: Our Professors Raped Us.\u201d By Vanessa Ranca\u00f1o (Dec 7, 2017). 15. \"What Happened\" By Kimberly Latta (January 19, 2018). 16. \u201c\u2018Fairly Normal and Routine\u2019: 50 Years of Sexual Violence at Stanford.\u201d By RUAIR\u00cd 17 31, 2018). \u201cProvost, General Counsel offer personal contributions to anti-sexual assault organization after Stanford 18. denies Fliegelman victim\u2019s request for donation.\u201d By Alex Tsai (Feb. 26, 2018, 12:20 a.m.). \u201cAfter Refuge for Jae-in Doe Social Media Chronology.\u201d By Seo-Young Chu (March 15, 2018). 19. \u201cAcademia\u2019s #MeToo moment: \u2018I\u2019m really struck by how endemic this is\u2019: \u2018There isn\u2019t a day in my life 20. when haven\u2019t been eaten away by it in some way.\u2019\u201d By Nick Anderson (May 10, 2018). \u201c\u2018My Professional World Has Gotten Smaller\u2019: How sexual harassment and assault distort scholars\u2019 lives in 21. the academy.\u201d By Julia Schmalz 11, 2018). \u201cStanford One Year After #MeToo: How Stanford\u2019s Response Failed Victims of Sexual Assault.\u201d By 22 14, 2019). \u201cHow #MeToo Helped Seo-Young Chu Name Her Harasser \u2014 Testimonies New York Magazine\u201d (Sep 29, 23. 2019). \"Was It Worth It?\" By Irin Carmon and Amelia Schonbek Additional reporting by Sarah Jones (Sept. 30, 24. 2019). \u201cTitle at Stanford timeline of recent events.\u201d By Emma Talley, Kate Selig, Sarina Deb, Daniel Wu, 25. Ujwal Srivastava, Lauryn Johnson, Anastasiia Malenko and Danielle Echeverria (June 9, 2020, 11:35 p.m.). \u201cStanford removes library collection, brick honoring affiliates accused of sexual misconduct.\u201d By Cameron 26. Ehsan, Victoria Hsieh and Kathryn Zheng (July 9, 2021, 5:10 p.m.). Seo-Young Chu on sexual violence at Stanford and Korean American # MeToo (March 3, 2022). 27. The Daily is committed to publishing a diversity of op-eds and letters to the editor. We\u2019d love to hear your thoughts. Email letters to the editor to eic \u2018at\u2019 stanforddaily.com and op-ed submissions to opinions \u2018at\u2019 stanforddaily.com.", "8875_106.pdf": "\uf105 Post reporter wins prestigious freedom of information award Post reporter wins prestigious freedom of information award \uf017February 18, 2023 6:17 pm Feb. 10, 2023 \uf09a \uf099 \uf0d2 \uf0d5 \uf003 2/21/25, 8:17 Post reporter wins prestigious freedom of information award \u2013 Palo Alto Daily Post 1/9 By the Daily Post staff Daily Post reporter Emily Mibach will receive the James Madison Freedom of Information Award for her expose into a sewage-processing district\u2019s attempt to keep secret $1.8 million in payments to settle a sexual harassment case, the Society of Professional Journalists NorCal chapter announced yesterday (Feb. 9 presents the award to people and organizations whose work advances transparency, freedom of information and the public\u2019s right to know. More than three years ago, Mibach received a tip about how Dan Child, the general manager of Redwood City-based Silicon Valley Clean Water (SVCW) had received $875,000 to leave his post. Mibach immediately filed a public records request with the agency to get more information but was stymied by the accused manager and SVCW. She persevered, and after a court battle lasting two and a half years, was able to access the documents. They revealed that had covered up sexual harassment with $1.8 million in settlements \u2014 $1 million to an employee who had accused Child of sexually harassing her, and $875,000 to Child. In addition, Child and reimbursed the Post\u2019s legal fees. As a result of Mibach\u2019s reporting, advocates have called for legislative changes to close the loophole that allowed the secret settlements. Mibach won the prize in the category of \u201csmaller print/digital outlet.\u201d Other local journalists win Another journalist to win the Madison award this year is the Stanford Daily\u2019s Theo Baker, who reported that Stanford President\u2019s Marc Tessier-Lavigne neuroscience research was 2/21/25, 8:17 Post reporter wins prestigious freedom of information award \u2013 Palo Alto Daily Post 2/9 Post reporter Emily Mibach at her desk in the newsroom. She learned yesterday that she had won the Madison award for freedom of information. under review for possible image manipulation. Baker\u2019s story drew national attention. Baker went on to report that one of the members of a special investigating committee formed to probe these allegations had a conflict of interest \u2014 a multimillion-dollar stake in the company founded by the president under investigation. Baker also reported that Stanford officials were involved with a fraud case against a different Stanford-affiliated expert, when the university previously claimed it had no knowledge of that case said Baker\u2019s \u201cwork shows a dedication to bringing obscure or hidden information in the public interest to light.\u201d Baker\u2019s colleagues at the Stanford Daily, Grace Carroll and Georgia Rosenberg are also receiving the honor, after uncovering that tenured professor, Vincent Barletta, had been involved in three Title complaints in a decade and that university officials knew of Barletta\u2019s behavior. Carroll and Rosenberg\u2019s reporting has led to students at Stanford 2/21/25, 8:17 Post reporter wins prestigious freedom of information award \u2013 Palo Alto Daily Post 3/9 Caltrain ridership recovering slower than other transit agencies \uf101 YIMBYs sue city of Palo Alto for missing state housing plan deadline calling for Barletta\u2019s termination and for Stanford to do more to hold professors and advisors to account variety of winners Several journalists, journalism educators, elected officials, First Amendment attorneys and even a whistleblower will receive the Madison award because they each pushed forward the cause of transparency, freedom of information and the public\u2019s right to know. The award will be presented at a banquet on March 16. History Buff says 20, 2023 10:15 10:15 Another well-deserved award for the Daily Post. Thank you, Emily for digging in to find the truth. Investigative journalism is a dying art. We need more reporters like you and more newspapers like the Daily Post. Comments are closed. 1 2/21/25, 8:17 Post reporter wins prestigious freedom of information award \u2013 Palo Alto Daily Post 4/9 2/21/25, 8:17 Post reporter wins prestigious freedom of information award \u2013 Palo Alto Daily Post 5/9 The Daily Post has been adjudicated by the Superior Court of Santa Clara County as a newspaper of general circulation in the City of Palo Alto and County of Santa Clara, and is qualified to publish legal notices, including: \u2022 Fictitious Business Name Statements (FBNs) \u2022 Legal name changes \u2022 Petitions to Administer Estate (Probate) \u2022 Notices of Public Sale \u2022 Alcohol Beverage Licenses \u2022 Service by Publication \u2022 Notices of Trustee\u2019s Sale \u2022 Family Law Summonses Just email or call (650) 328-7700 to place your legal advertisement 2/21/25, 8:17 Post reporter wins prestigious freedom of information award \u2013 Palo Alto Daily Post 6/9 Only a fraction of the local news stories covered by the Daily Post appear on this website. To get all the local news, including many stories you can\u2019t find online, pick up the Post every morning at 1,000 Mid-Peninsula locations Sheriff Corpus told to stay away from women in law enforcement event (read the letter Parents look to recall school board member Parents look to recall school board member Parents look to recall school board member 3 Parents look to recall school board member Parents look to recall school board member Parents look to recall school board member 2/21/25, 8:17 Post reporter wins prestigious freedom of information award \u2013 Palo Alto Daily Post 7/9 Amazon Apple Atherton Belmont Burlingame California Caltrain East Palo Alto Election 2020 Election 2024 Facebook Google Guest Opinion HBO's Silicon Valley Hillsborough In the news Los Altos Los Altos Hills Menlo Park Mountain View North Fair Oaks November 2020 Election Obituaries Opinion Palo Alto Portola Valley 2/21/25, 8:17 Post reporter wins prestigious freedom of information award \u2013 Palo Alto Daily Post 8/9 Redwood City San Carlos San Mateo San Mateo County Santa Clara County Spotlight Stanford Woodside \u00a9 Copyright 2025, The Daily Post. 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7,918	Francis J. Pilecki	Westfield State College	[ "7918_101.pdf" ]	{"7918_101.pdf": "27, 1987 judge today dropped all charges against former Westfield... By SPRINGFIELD, Mass judge today dropped all charges against former Westfield State College President Francis J. Pilecki, who was facing a second criminal case involving an alleged sexualt assault on a male student. Lawyers initially agreed to reduce charges from indecent assault to assault and battery, then Hampden Superior Court Judge William Simons agreed to drop charges upon determining the alleged victim had received 'civil satisfaction That came in the form of an out-of-court agreement settling a $2.25 million civil complaint against Pilecki, which was also signed today. The amount of the settlement was not disclosed. Outside the courtroom, Pilecki -- who in January was acquitted of sexually assaulting a second Westfield State male student in 1984 -- said he was relieved to have both the civil and criminal cases behind him. \uf09a \uf02f \uf003 2/21/25, 8:18 judge today dropped all charges against former Westfield Archives 1/6 think most people would understand that you could only take so much physical, financial and emotional stress,' said Pilecki, 53, was fired from the $80,000-a-year post last year. 'At this time I'm very grateful to my my family,' he said, adding he had no plans as yet for the future. Assistant District Attorney William Teahan said the defense proposed reducing the charges to assault and battery. 'We agreed,' he said. 'The judge approved of the agreement and dismissed charges at their request Attorneys for Pilecki and his alleged victim reached a tenative settlement Friday in a $2.25 million civil lawsuit charging Pilecki with sexual assault and said they would sign the agreement this week. But prosecutors planned to go ahead with a criminal case filed by the same alleged victim, who has already received $10,000 from the college's coffers in connection with the 1984 incident. The civil suit alleged that in May 1984, Pilecki, in the basement of his campus home, sexually assaulted the student 'after having intoxicating drinks.' The suit claimed the student allegedly suffered 'great pain of mind and emotional distress.' The plaintiff originally sought $2.25 million -- $750,000 for each of three counts listed in the complaint. The first count alleged sexual assault, the second alleged sexual harassment and the third claimed Pilecki acted 'under the color of the law,' a way of asserting his official status to help him perpetrate an illegal act. 2/21/25, 8:18 judge today dropped all charges against former Westfield Archives 2/6 The criminal trial charges Pilecki with two counts of indecent assault and battery stemming from allegations made by the same student. Odd News // 5 hours ago Goat rescued from fifth floor window ledge Feb. 21 (UPI) -- Firefighters in Madrid came to the rescue of a goat that somehow ended up stranded on a ledge on the fifth floor of an apartment building. Odd News // 5 hours ago $50,000 lottery ticket was selected by winner's wife Feb. 21 Kentucky man scored a $50,000 lottery prize from a scratch-off ticket that was selected by his wife. 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Latest Headlines 2/21/25, 8:18 judge today dropped all charges against former Westfield Archives 3/6 Odd News // 1 day ago Micro-artist creates Lego sculpture the size of a blood cell Feb. 20 (UPI) -- An artist from England broke a Guinness World Record when he created a sculpture of a Lego brick roughly the same size as a human white blood cell. Odd News // 1 day ago Escaped porcupine captured in Tennessee Feb. 20 (UPI) -- Wildlife authorities in Tennessee were called out to rescue an unusual escaped pet: a porcupine. Odd News // 2 days ago Denver Zoo announces birth of red-necked wallaby Feb. 19 (UPI) -- The Denver Zoo announced the birth of a red-necked wallaby, the first baby to be born in the facility's new Down Under habitat. Odd News // 2 days ago Man wins $1.3M after using same lottery numbers for four years Feb. 19 Michigan Lottery player who stuck with the same set of Lotto 47 numbers for four years found his persistence paid off with a $1.3 million jackpot Authorities arrest JetBlue pilot at Boston's Logan Airport Brad Marchand: U.S. jabs gave Canada ammo for 4 Nationals Face-Off title Trending Stories 2/21/25, 8:18 judge today dropped all charges against former Westfield Archives 4/6 \uf082 \uf081 \uf16d \uf08c \uf0d3 Senate passes budget resolution after marathon session U.S. Marshals Service reportedly deputizes Elon Musk's private security detail Alan Ritchson reacts to using that tiny shoe phone in 'Reacher' S3 Follow Us 2/21/25, 8:18 judge today dropped all charges against former Westfield Archives 5/6 About Contact Corrections Advertisements Copyright \u00a9 2025 United Press International, Inc. All Rights Reserved. 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7,854	John DeLamater	University of Wisconsin ‚Äì Madison	[ "7854_101.pdf", "7854_102.pdf", "7854_103.pdf", "7854_104.pdf" ]	{"7854_101.pdf": "000-in-settlement-payments/article_6c05356e-6809-512b-9c92-233d1b085520.html UW-Madison sex harassment cases result in over $500,000 in settlement payments By Pat Schneider Apr 10, 2018 Students pass UW-Madison's Bascom Hall at left with the Carillon Tower in the background in January The state of Wisconsin paid out more than $500,000 in settlements of sexual harassment cases at UW-Madison in the past decade, including a $119,000 payment ordered by a federal judge in a case at the medical school where campus officials found no harassment or retaliation had occurred. 2/21/25, 8:19 UW-Madison sex harassment cases result in over $500,000 in settlement payments \| University \| captimes.com 1/7 In addition, campus officials charged with assuring compliance with federal law prohibiting sex discrimination found last year that a professor emeritus in the Department of Sociology did not violate campus policy as a staffer alleged, although he engaged in conduct that was \u201cinappropriate and unprofessional.\u201d Yet the investigation prompted Provost Sarah Mangelsdorf to declare a \u201ccritical long- standing problem\u201d in the department that required immediate attention. Those cases are outlined in records for some 20 sexual harassment cases over the past decade released Monday by UW-Madison officials in response to open records requests by the Cap Times and other media outlets. The heavily redacted and fragmented records kept private the names of complainants and all but a few of those accused of harassment. Some cases were resolved at the department level and others through formal complaints and investigations or lawsuits, as Chancellor Rebecca Blank reported in a blog post timed to the release of documents requested months ago as national attention focused on sexual harassment. Campus officials say they have improved policies and practices around sexual harassment in the last couple of years, requiring all employees to get sexual harassment awareness and prevention training and developing a centralized reporting system to be able to evaluate the number and handling of such cases. At least one complainant disputes that attitudes toward harassing behavior has changed. 2/21/25, 8:19 UW-Madison sex harassment cases result in over $500,000 in settlement payments \| University \| captimes.com 2/7 In the case dismissed by campus officials, a staff member at the School of Medicine and Public Health's fertility clinic described a work environment that was hostile, offensive and demeaning to women. She reported incidents where her supervisors made sexually charged remarks and casually used profanity and claimed she was threatened with termination when she complained. The worker was fired before the end of a probationary period. Investigators for the campus Office of Equity and Diversity found insufficient evidence to conclude the complainant had been discriminated against on the basis of sex, sexually harassed or retaliated against for complaining of harassment, according to their January 2010 report. Three years later, in a judgment in a civil case brought by the complainant, federal district court Judge Barbara Crabb ordered the university to pay her $50,000, plus $69,000 in attorney\u2019s fees and costs. In the Sociology Department case the campus Office of Compliance \u2014 set up to investigate alleged violations of federal civil rights law \u2014 last fall found that John DeLamater, a well-known sexologist and emeritus professor, did not violate campus policy in his behavior toward a department staff member, who claimed that he had groped her and spoke suggestively to her. Officials, however, did find his behavior to be inappropriate and unprofessional. 2/21/25, 8:19 UW-Madison sex harassment cases result in over $500,000 in settlement payments \| University \| captimes.com 3/7 The staff member appealed the office of compliance finding on Sept. 25 and commented: \u201cThe UW\u2019s increased effort around awareness of and purported desire to address harassment/assault is contrary to my experience. What is supposed to happen and what really happened with me are at odds knew of Delamater\u2019s behavior.\u201d DeLamater, 77, died on Dec. 13. Four days later, Mangelsdorf wrote to the complainant that despite a finding of no policy violation in her case, investigators uncovered evidence during their investigation that DeLamater \u201cengaged in an impermissible long-term pattern of behavior toward graduate students.\u201d The allegations by students included \u201cweird sexual statements,\u201d purposeful \u201cinvasion of personal space\u201d and reports of incessant \u201clower-back touching.\u201d The office of compliance found that DeLamater \u201csubjected a number of graduate students to unwelcome verbal or physical conduct of a sexual nature that created an uncomfortable and offensive learning environment.\u201d That, officials said, was sexual harassment. Witnesses reported that DeLamater acted that way both in the classroom and during social events where he drank alcohol. \u201cIt is patently clear that critical long-standing problematic issues exist within the Department of Sociology, which requires immediate action,\u201d Mangelsdorf wrote. 2/21/25, 8:19 UW-Madison sex harassment cases result in over $500,000 in settlement payments \| University \| captimes.com 4/7 There had been previous issues in the department. From 2015-2017, a graduate student teaching assistant was accused of pressing students for out-of-class contact. The allegations ranged from off-putting invitations to the symphony, for which he was reprimanded, to a demand for sex that was not further investigation when the accuser refused to cooperate. Sociology department chair Jim Raymo spoke of special sexual harassment awareness and prevention training in the department and a new committee to improve departmental climate, in a Cap Times interview in January. The largest single settlement of $250,000 came in a federal lawsuit brought in 2008 by the sole female employee of the Walnut Street heating plant, who charged that superintendent John Loescher made unwanted sexual advances and retaliated when she resisted. Loescher still works for UW-Madison female worker at the School of Medicine and Public Health in 2012 was paid $100,000 in damages and back pay by the university and an additional $100,000 in damages and attorney\u2019s fees by Hospital, a separate entity. The payments settled her claims of discrimination on the basis of gender, sexual orientation and disability and retaliation for her complaints. Three Latinas working for UW-Madison Housing in 2016 received settlements totaling $15,950 in response to their claims of race discrimination in a climate where they said their supervisor stared at their breasts and gave them lewd looks year earlier, a Latina worker received $6,500 to settle allegations of sex, race and national origin discrimination. 2/21/25, 8:19 UW-Madison sex harassment cases result in over $500,000 in settlement payments \| University \| captimes.com 5/7 Employee discipline related to harassment allegations included the 2017 firing of an academic staff member who sexually assaulted an undergraduate employee in the office. Others accused were removed from teaching positions, reprimanded, and given written warnings, or entered into resolution agreements visiting instructor was not invited back. In several cases, the allegations could not be substantiated. Share your opinion on this topic by sending a letter to the editor to [email protected]. Include your full name, hometown and phone number. Your name and town will be published. The phone number is for verification purposes only. Please keep your letter to 250 words or less. Pat Schneider Pat Schneider joined The Capital Times in 1989 and has written on a wide variety of topics including neighborhoods, minority communities and the nonprofit sector. Get the Cap Times app for your smartphone Click here for the iPhone version 2/21/25, 8:19 UW-Madison sex harassment cases result in over $500,000 in settlement payments \| University \| captimes.com 6/7 Click here for the Android version Get news delivered to your inbox. Cap Times Headlines Sent each morning at 6 Cap Times Opinion Sent each morning at 11 Cap Times Recap \"In Case You Missed It\" Sent each afternoon at 5 Madison.com Features Sent each morning at 6 Madison.com Food & Drink Sent each Thursday morning at 11 Madison.com Movies Sent each Friday morning at 9 Email: First Name: Last Name: Subscribe 2/21/25, 8:19 UW-Madison sex harassment cases result in over $500,000 in settlement payments \| University \| captimes.com 7/7", "7854_102.pdf": "\u2039 1940 1940 John John 2017 2017 2/21/25, 8:19 John Delamater Obituary December 13, 2017 - Cress Funeral and Cremation Services 1/5 John Delamater October 12, 1940 \u2014 December 13, 2017 MADISON- John Delos DeLamater, age 77, of Madison passed away on Wednesday, December 13th, 2017 at home. He was born on October 12th, 1940 in San Diego, CA, the son of Clarence Delos DeLamater and Ethel Anna Hunter. He married Janet Hyde on May 22nd, 1993 in Madison. John received his PhD in Sociology from the University of Michigan in 1969, before moving to Madison, where he taught at the University of Wisconsin-Madison for 48 years as a professor, becoming the Conway- Bascom Professor Emeritus in the Department of Sociology. He dedicated his life to science, focusing on research about sexuality and effecting change in this area. He was elected a Fellow of the Society for the Scientific Study of Sexuality, won distinguished service and teaching awards, and was awarded the Alfred E. Kinsey Award for Distinguished Contributions to the field of sex research former Editor of the Journal of Sex Research, he authored a plethora of textbooks and articles. He was a teacher, mentor, and advisor to thousands of students, family, and friends. His passion for trains was lifelong: he spearheaded Madison Streetcar Inc., and was a member of several railroad museums. Most recently he spent most of his free time working on and operating the streetcars he donated to the City of Kenosha and the Kenosha Streetcar Society. John is survived by his wife Janet; his children Peter, Elizabeth DeLamater (Bill Sallak), Margaret Hillman (Paul Hilman), Laura DeLamater (Willy Grawe), Luke Hyde (Kelley Kidwell); and his grandchildren Noah, Nick, Katie, Boyd, and Grace. He is also survived by Peter, Elizabeth, and Laura's mother, Ann Rifenberg, and many current and former students all of whom he was so proud of. Funeral services will be held at St. Andrew's Episcopal Church, 1833 Regent Street at 2/21/25, 8:19 John Delamater Obituary December 13, 2017 - Cress Funeral and Cremation Services 2/5 10 am, followed by a luncheon memorial. Burial will be at Forest Hill cemetery at 1:30 pm. \"This too shall pass\" -JDD. The family asks that in lieu of flowers, donations be made to St. Andrew's Episcopal Church or the Kenosha Streetcar Society. Please share your memories. Cress Funeral and Cremation Service 3610 Speedway Rd, Madison 608-238-3434 Service St. Andrew's Episcopal Church 1833 Regent Street Madison, Wisconsin 53726 10:00 To order memorial trees or send flowers to the family in memory of John Delamater, please visit our flower store. 2/21/25, 8:19 John Delamater Obituary December 13, 2017 - Cress Funeral and Cremation Services 3/5 John Delamater View Book Buy Book beautifully bound keepsake book filled with memories and condolences from family and friends. Share Your Memory Contribute your memory to the online guestbook to be featured in this unique keepsake book. Share Your Memory Guestbook Your name John Delamater 1 2 , 1 9 4 0 1 3 , 2 0 1 7 \u2014 \u2014 2/21/25, 8:19 John Delamater Obituary December 13, 2017 - Cress Funeral and Cremation Services 4/5 Add Photos Light Candle Submit Post Visits: 64 This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Service map data \u00a9 OpenStreetMap contributors 2/21/25, 8:19 John Delamater Obituary December 13, 2017 - Cress Funeral and Cremation Services 5/5", "7854_103.pdf": "John DeLamater John Delos DeLamater (October 12, 1940 \u2013 December 13, 2017) was an American sociologist and sexologist who taught at the University of Wisconsin\u2013Madison, where he was the Conway-Bascom Professor Emeritus in the Department of Sociology. He was born to Clarence Delos DeLamater and Ethel Anna Hunter, on October 12, 1940, in San Diego, California. DeLamater earned a doctorate in social psychology from the University of Michigan in 1969, and joined the faculty of the University of Wisconsin\u2013Madison the same year.[1] DeLamater was named a fellow of the Society for the Scientific Study of Sexuality, received the Alfred E. Kinsey award for sex research, and served as editor of the Journal of Sex Research. He had three children. He donated two streetcars to the City of Kenosha, Wisconsin which operate on their trolley line and are dedicated to his memory.[2][3] 1. \"Curriculum Vitae\" ( (PDF). University of Wisconsin\u2013Madison, Department of Sociology. September 2017. Retrieved December 18, 2017. 2. \"DeLamater, John Delos\" ( ticle_e8f1147f-b836-5324-9150-c8a0636d5fd0.html). Madison.com. December 14, 2017. Retrieved December 18, 2017. 3. 3. Kenosha StreetCar Society ( Retrieved from \" References 2/21/25, 8:20 John DeLamater - Wikipedia 1/1", "7854_104.pdf": "UW-Madison staffer fired after sexual assault allegations in 2017, records show By Affiliate Posted: Apr 10, 2018 5:56 MADISON, Wis University of Wisconsin-Madison academic staffer was fired in 2017 after reports of sexual assault, according to university records. Allegations against the staffer include sexual assault and sexually explicit remarks, records show. In the 2017 case, a staff member was found in violation after refusing to let a student leave his office without performing a sex act first. An Excel spreadsheet provided by the university shows 20 cases since 2009, only three of them naming the accused person. Of the cases, one person was terminated, another died during the investigation and yet officers have not undergone required training ahead of Thursday deadline Dodge Co. Sheriff calls Evers prison plan 'seriously flawed' Brief school closures considered amid lead exposure concerns On Now: 8:00PM Fire Country Up Next: 9:00PM S.W.A.T. Next Newscast: 10:00PM 58 News at 10p SWEEPSTAKESMeTV 2/21/25, 8:20 UW-Madison staffer fired after sexual assault allegations in 2017, records show 1/5 another was removed from a teaching position. Seven other documents detail settlements. Five cases were found to have insufficient evidence 58 affiliate, WISC, went through each of the instances, some of them rising to the level of a policy violation. Others were less severe. In another, sociology professor, John DeLamater, was found to commit impermissible long-term behavior harassing graduate students with inappropriate comments and touching. He was ordered to go through extensive harassment awareness training, and was no longer allowed to have unsupervised contact with students. Delamater died while the case was pending. In another case within the sociology department, a student alleged her instructor was grading her contingent on her willingness to have sex with him. That student later asked that the investigation be dropped. Some documents allege discrimination in the workplace, many ending in settlements, one for $250,000. Others detail less serious cases, like texting and social media messaging between instructors and students. In a blog post, Chancellor Rebecca Blank commented on the university's response to sexual harassment on campus understand the interest in how our university has responded to this issue,\" Blank said in the post. \"It\u2019s part of a broad national movement that is rightly challenging institutions, public and private, to do better.\" Blank said there have been 20 cases in the past 10 years, and some were resolved at the departmental level, while others resulted in formal complaints and investigations or lawsuits. \"Outcomes varied -- some individuals were found responsible and faced action up to and including termination,\" Blank said. \"In other cases, investigators concluded that there wasn\u2019t sufficient evidence of a violation. 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7,453	Michael S. Curry	New River Community and Technical College	[ "7453_101.pdf" ]	{"7453_101.pdf": "From Casetext: Smarter Legal Research Farley v. New River Cmty. & Technical Coll Feb 1, 2017 NO. 5:16-cv-09442 (S.D.W. Va. Feb. 1, 2017) Copy Citation Download Check Treatment Rethink the way you litigate with CoCounsel for research, discovery, depositions, and so much more. Try CoCounsel free NO. 5:16-cv-09442 02-01-2017 and FARLEY, Plaintiffs, v COLLEGE, and S. CURRY, Defendants Sign In Search all cases and statutes... Opinion Summaries Case details 2/21/25, 8:20 Farley v. New River Cmty. & Technical Coll NO. 5:16-cv-09442 \| Casetext Search + Citator 1/12 The Court has reviewed New River Community and Technical College's Motion to Dismiss (Document 6) and Memorandum of Law in Support (Document 5), the Plaintiffs' Response to New River Community and Technical College's Motion to Dismiss with Incorporated Memorandum of Law (Document 12), and New River Community and Technical College's Reply to Plaintiffs' Response to Its Motion to Dismiss (Document 13). The Court has also reviewed all attached exhibits and the Plaintiff's Complaint (Document 1-1). For the reasons stated herein, the Court finds that the motion should be granted The Plaintiffs, Rebecca and Kevin Farley, initiated this suit in the Circuit Court of Raleigh County, West Virginia, on September 2, 2016. They named New River Community and Technical College (\"New River\") and Michael S. Curry as defendants. New River removed the 2 matter to this Court on October 10, 2016, citing federal question jurisdiction. The Plaintiffs allege that Rebecca Farley was a student at New River from the time she enrolled in January of 2012 until she graduated in May of 2015. In the fall semester of 2012, Ms. Farley took two classes from the Defendant, Professor Michael Curry. While taking his classes, Ms. Farley exchanged text messages with Professor Curry, but alleges that the text messages strictly concerned course related matters. 2 At some point during the month of December 2012, the Plaintiffs allege that Professor Curry sent an inappropriate email to Ms. Farley containing a picture of \"his erect penis.\" (Pls.' Complaint, at \u00b629.) On or about December 21, 2012, the Plaintiffs allege that Professor Curry also sent an inappropriate text message to Ms. Farley's phone containing \"a picture of [his] naked and hairy legs.\" (Id. at \u00b617-20.) Ms. Farley's husband saw the picture before Ms. Farley did, and, suspecting that Ms. Farley was having an affair, confronted her about the message. Ms. Farley denied ever engaging in any type of inappropriate relationship with Professor Curry. Mr. Farley alleges that he promptly reported the conduct to New River, but that New River refused to investigate his complaint because he was not a student. Ms. Farley also 2/21/25, 8:20 Farley v. New River Cmty. & Technical Coll NO. 5:16-cv-09442 \| Casetext Search + Citator 2/12 alleges that she then complained to the school about Professor Curry's conduct, but states that she \"did not press her complaint, however, because Professor Curry was teaching a course the following semester . . . that was a required course for Rebecca's major,\" and she \"feared that pressing her complaint . . . would harm her ability to succeed in Professor Curry's class.\" (Id. at \u00b633-35.) Ms. Farley alleges that, because she did not press her complaint, New River did not appropriately investigate it. After the spring semester of 2013, Ms. Farley had no more classes with Professor Curry. 3 3 On September 6, 2014, Ms. Farley went to New River's Raleigh County campus. That evening, at approximately 11:00 p.m., Professor Curry allegedly sent another text to Ms. Farley's phone. Mr. Farley noticed the text before Ms. Farley, and again became very angry. Mr. Farley alleges that he began to respond to Professor Curry's texts to ensure that it was him. Mr. Farley alleges that he woke Ms. Farley up to show her the texts, and that the two began to continue exchanging texts \"in order to further draw out Professor Curry.\" (Id. at \u00b649.) The Plaintiffs allege that Professor Curry sent texts to Ms. Farley's phone that expressed how he was aroused by Ms. Farley and how he wanted her to \"jump [his] bones,\" and that Professor Curry again sent a picture to Ms. Farley's phone \"contain[ing] a picture of his erect penis.\" (Id. at \u00b644-45.) Professor Curry also allegedly sent text messages to Ms. Farley \"instructing her to 'Take off those shorts.'\" (Id. at \u00b650.) On the following Monday, September 8, 2014, Ms. Farley complained to New River about Professor Curry's messages, and New River initiated an investigation into Professor Curry's reported conduct. However, Ms. Farley asserts that in conducting their investigation, New River only interviewed her, and that questions posed to her attempted to minimize the alleged incident and seek out whether she had incidents similar to this in her past. Professor Curry resigned from New River in October of 2014. Ms. Farley alleges that, as a result of Professor Curry's conduct, she lost her passion for school, her attendance fell, and her grades slipped. She also alleges that New River offered no assistance to help with what Professor Curry had done to her, and that she had to endure rumors and speculation throughout campus that she engaged in inappropriate conduct with Professor Curry. She alleges that these circumstances took away her drive to attend college and led her to look for reasons to skip class and not be on campus. Mr. and Mrs. Farley 2/21/25, 8:20 Farley v. New River Cmty. & Technical Coll NO. 5:16-cv-09442 \| Casetext Search + Citator 3/12 4 assert causes of action of sexual harassment and discrimination by both Professor Curry and New River in violation of Title IX. The Plaintiffs also assert a claim of reckless infliction of emotional distress against Professor Curry himself. 4 New River filed a motion to dismiss the claims against it on October 12, 2016. The Plaintiffs filed a response in opposition on November 7, 2016 and New River filed its reply on November 11, 2016. The motion is fully briefed and ripe for review motion to dismiss filed pursuant to Federal Rule of Civil Procedure 12(b) (6) for failure to state a claim upon which relief can be granted tests the legal sufficiency of a complaint or pleading. Francis v. Giacomelli, 588 F.3d 186, 192 (4th Cir. 2009); Giarratano v. Johnson, 521 F.3d 298, 302 (4th Cir. 2008). Federal Rule of Civil Procedure 8(a)(2) requires that a pleading contain \"a short and plain statement of the claim showing that the pleader is entitled to relief.\" Fed. R. Civ. P. 8(a)(2). Additionally, allegations \"must be simple, concise, and direct.\" Fed. R. Civ. P. 8(d)(1). \"[T]he pleading standard Rule 8 announces does not require 'detailed factual allegations,' but it demands more than an unadorned, the-defendant-unlawfully-harmed-me accusation.\" Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell Atlantic Corp v. Twombly, 550 U.S. 544, 555 (2007)). In other words, \"a complaint must contain \"more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do.\" Twombly, 550 U.S. at 555. Moreover, \"a complaint [will not] suffice if it tenders naked assertions devoid of further factual enhancements.\" Iqbal, 556 U.S. at 678 (quoting Twombly, 550 U.S. at 557) (internal quotation marks omitted). 5 5 The Court must \"accept as true all of the factual allegations contained in the complaint.\" Erickson v. Pardus, 551 U.S. 89, 93 (2007). The Court must also \"draw[ ] all reasonable factual inferences from those facts in the plaintiff's favor.\" Edwards v. City of Goldsboro, 178 F.3d 231, 244 (4th Cir. 1999). However, statements of bare legal conclusions \"are not entitled to the assumption of truth\" and are insufficient to state a claim. Iqbal, 556 U.S. at 679. Furthermore, the court need not \"accept as true unwarranted inferences, unreasonable conclusions, or arguments.\" E. Shore Mkts., v. J.D. 2/21/25, 8:20 Farley v. New River Cmty. & Technical Coll NO. 5:16-cv-09442 \| Casetext Search + Citator 4/12 Assocs. Ltd. P'ship, 213 F.3d 175, 180 (4th Cir. 2000). \"Threadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice . . . [because courts] 'are not bound to accept as true a legal conclusion couched as a factual allegation.'\" Iqbal, 556 U.S. at 678 (quoting Twombly, 550 U.S. at 555). To survive a motion to dismiss, \"a complaint must contain sufficient factual matter, accepted as true, 'to state a claim to relief that is plausible on its face.'\" Iqbal, 556 U.S. at 678 (quoting Twombly, 550 U.S. at 570). In other words, this \"plausibility standard requires a plaintiff to demonstrate more than 'a sheer possibility that a defendant has acted unlawfully.'\" Francis, 588 F.3d at 193 (quoting Twombly, 550 U.S. at 570 plaintiff must, using the complaint, \"articulate facts, when accepted as true, that 'show' that the plaintiff has stated a claim entitling him to relief.\" Francis, 588 F.3d at 193 (quoting Twombly, 550 U.S. at 557). \"Determining whether a complaint states [on its face] a plausible claim for relief [which can survive a motion to dismiss] will . . . be a context-specific task that requires the reviewing court to draw on its judicial experience and common sense.\" Iqbal, 556 U.S. at 679. 6 6 New River seeks dismissal of the Plaintiffs' Title claim. At the outset, the Court notes that the Plaintiffs and the Defendant agree that Mr. Farley has no standing to assert Title claims against New River because he was not a student at New River. Both parties further agree that the Plaintiffs cannot recover damages on any alleged harassment that occurred in 2012 because the statute of limitations has lapsed. The Court agrees and finds that any Title claims asserted by Mr. Farley must be dismissed because at no time was he a student at New River. Further, pursuant to W.Va. Code \u00a7 55-2-12, the statute of limitations for Title claims is two years. Accordingly, any claims for recovery based on alleged harassment that occurred in 2012 should be dismissed. Title provides that \"[n]o person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.\" 20 U.S.C. \u00a7 1681. \"To establish a Title 2/21/25, 8:20 Farley v. New River Cmty. & Technical Coll NO. 5:16-cv-09442 \| Casetext Search + Citator 5/12 claim on the basis of sexual harassment, a plaintiff must show that (1) she was a student at an educational institution receiving federal funds, (2) she was subjected to harassment based on her sex, (3) the harassment was sufficiently severe or pervasive to create a hostile (or abusive) environment in an educational program or activity, and (4) there is a basis for imputing liability to the institution.\" Jennings v. Univ. of N. Carolina, 482 F.3d 686, 695 (4th Cir. 2007). A. Severe and Pervasive Harassment Conceding that Ms. Farley has satisfied the first two elements of a Title claim, New River first argues that Ms. Farley's Title claims must fail because she has not pled sufficient facts to establish that Professor Curry's alleged harassment was severe or pervasive. New River 7 argues that the Plaintiffs only point to two occasions of alleged harassment over a period of three and a half years, and that the only occurrence of alleged harassment came in the form of text messages. New River further contends that Ms. Farley did not have any classes with Professor Curry at the time she received the text messages in December 2014, and that when those messages were received, Ms. Farley and her husband sent responses to Professor Curry that led him to believe the exchange was welcome and consensual. Therefore, New River argues that the Plaintiffs have not proven that the alleged harassment was severe or pervasive enough to constitute a Title violation. 7 The Plaintiffs argue that the text messages sent to Ms. Farley were more than merely sexually suggestive, but were obscene, including an alleged close-up picture of Professor Curry's genitalia in an aroused state. Further, the Plaintiffs contend that Professor Curry's texts were predatory in nature when considered in conjunction with his position as a professor at the time they were sent. Because of Professor Curry's position of authority and trust, the Plaintiffs argue that the messages sent to Ms. Farley were indeed severe and pervasive enough to satisfy a Title claim. Concerning the severity element of a Title claim, the Jennings Court stated as follows: 2/21/25, 8:20 Farley v. New River Cmty. & Technical Coll NO. 5:16-cv-09442 \| Casetext Search + Citator 6/12 Jennings, 482 F.3d at 696 (internal quotations emitted) (emphasis added). 8 Harassment reaches the sufficiently severe or pervasive level when it creates an environment that a reasonable person would find hostile or abusive and that the victim herself subjectively perceives to be abusive. Whether gender-oriented harassment amounts to actionable (severe or pervasive) discrimination depends on a constellation of surrounding circumstances, expectations, and relationships. All the circumstances are examined, including the positions and ages of the harasser and victim, whether the harassment was frequent, severe, humiliating, or physically threatening, and whether it effectively deprived the victim of educational opportunities or benefits. 8 Ms. Farley alleged in her complaint that she received a string of lewd text messages from Professor Curry, including inappropriate pictures and statements clearly insinuating that Professor Curry wished to engage in a sexual relationship with Ms. Farley. While Ms. Farley was not in Professor Curry's class at the time, Professor Curry was still a professor at New River when he sent the messages, and still maintained a position of power and authority. While in this position, Ms. Farley alleges that Professor Curry said things like \"Saw you as was leaving. Wanted you badly,\" \"Want you to jump my bones,\" and \"You smiled and dismissed my erection.\" (Pls.' Complaint, Ex. 1.) Ms. Farley also alleges that Professor Curry sent a picture of \"his erect penis\" in this string of text messages (Id. at \u00b645.), that she subjectively perceived this to be abusive and physically threatening, and that she felt feelings of humiliation and discomfort at receiving these messages as a married woman. Given Professor Curry's position as her past professor and a current educational employee at New River when the text messages were sent, and accepting as true Ms. Farley's allegations regarding the content of the messages, the Court assumes, without finding, for purposes of this ruling, the facts alleged by Ms. Farley are sufficient to support severe and pervasive acts for purpose of a Title claim, regardless of the Plaintiffs' responses to the messages.1 1 The Court notes that, even if responses from Mr. and Ms. Farley may partially mitigate the continued inappropriate conduct by Professor Curry, 2/21/25, 8:20 Farley v. New River Cmty. & Technical Coll NO. 5:16-cv-09442 \| Casetext Search + Citator 7/12 Professor Curry himself initiated the conversation and sent the first message. B. Hostile or Abusive Environment Second, New River seeks to dismiss Ms. Farley's Title claim on the ground that she has not stated facts sufficient to show she was deprived of any educational benefit at New River. New River argues that Ms. Farley has not alleged any facts in her complaint that she was discouraged from pursuing a complaint against Professor Curry, and that she has not alleged that New River 9 retaliated against her in any way after she lodged a formal complaint. New River also contends that Ms. Farley was not deprived of any educational benefit because she did not have any class with Professor Curry at the time the alleged harassment occurred in 2014, Professor Curry resigned from New River shortly after the alleged incident, and Ms. Farley graduated in May of 2015 with her associate's degree. 9 Ms. Farley counters that up until the alleged incident with Professor Curry in 2014, she earned excellent grades and her attendance was stellar. However, after the alleged incident, Ms. Farley's grades and attendance both suffered. Ms. Farley further asserts that even though Professor Curry resigned from the school once an investigation was initiated, he still managed \"to ruin the last year of her academic career\" due to the interviewing process she was forced to undergo during the college's investigation and because of the rumors she was forced to endure while she finished her degree, hardships she otherwise would not have had to endure in completing her education. The Plaintiffs contest that these allegations sufficiently state that Ms. Farley was deprived of educational benefits and therefore discriminated against under Title IX. In proving actionable discrimination in a Title claim, \"a plaintiff must establish sexual harassment of students so severe, pervasive, and objectively offensive, and that so undermines and detracts from the victims' educational experience, that the victim-students are effectively denied equal access to an institution's resources and opportunities.\" Davis v. Monroe Cnty. Bd. of Educ., 526 U.S. 629, 651 (1999). Further, \"[t]he relationship between the harasser and the victim necessarily affects the extent to which the misconduct can be said to breach Title IX's guarantee of equal access to 2/21/25, 8:20 Farley v. New River Cmty. & Technical Coll NO. 5:16-cv-09442 \| Casetext Search + Citator 8/12 educational benefits and to have a systematic effect on a program or activity.\" Id. at 653. The Fourth Circuit explained in Jennings that, based on the Supreme Court's holding 10 in Davis, a victim's sexual harassment can be said to have denied the victim equal access to educational opportunities or benefits when, among other things, the harassment \"has 'a concrete negative effect on [the victim's] ability' to participate in an educational program or activity.\" Jennings, 428 F.3d at 699 (internal citations omitted). 10 In Jennings, the Fourth Circuit found that the plaintiff had provided sufficient evidence to show that she suffered severe and pervasive sexual harassment in a manner that had a concrete negative effect on her ability to participate in the soccer program at her university. Id. The plaintiff, a member of the women's soccer team at the defendant university, presented evidence that the soccer coach regularly brought up and discussed inappropriate details of the players' sex lives in a manner that created a \"sexually charged atmosphere\" around the team. Id. at 697-99. The court noted that the plaintiff satisfied the Davis standard because she was not merely subjected to one encounter of sexual comments by the soccer coach, but that the coach had created an \"atmosphere\" under which the plaintiff and others on the team \"had to endure sexual harassment in order to play.\" Id. at 700. The court further noted that the plaintiff had suffered two direct instances of harassment by the coach, one of which included an encounter in a hotel room wherein the coach asked her personal questions about her sex life with no other players around. Id. at 693. The plaintiff testified that the hostile atmosphere created by her soccer coach's constant discussion of the players' personal sex lives made her feel humiliated, anxious, and uncomfortable, which negatively affected her performance on the soccer team and in the classroom. Id. at 699. Thus, the court found that the coach's persistent talk about players' sex lives and the direct targeting of the plaintiff on two occasions created a hostile environment that lead to a drop in the plaintiff's 11 academic and athletic performance, thereby having a concrete, negative effect on her ability to participate in an educational program or activity. Id. at 700. 11 Here, the Court finds that Ms. Farley has not alleged sufficient facts in her complaint to survive a motion to dismiss under this prong of the Jennings elements. Ms. Farley's complaint alleges that on one actionable occasion 2/21/25, 8:20 Farley v. New River Cmty. & Technical Coll NO. 5:16-cv-09442 \| Casetext Search + Citator 9/12 Professor Curry sent her text messages clearly showing that he sought to engage in a sexual relationship with her while she was a student at New River. (Pls.' Complaint at \u00b644-46.) While there can be no doubt that the messages Ms. Farley received were objectively offensive and clearly inappropriate, there are no allegations that Ms. Farley was forced to endure sexual harassment on a regular basis while earning her degree. Ms. Farley admitted in her complaint that Professor Curry was not her professor at the time he sent the text messages, and that he resigned from New River shortly after the investigation began. Thus, unlike the plaintiff in Jennings, Ms. Farley was not required to have continued contact with Professor Curry, was not subject to his leadership after the alleged incident occurred, and does not claim that any similar actions occurred after the conduct alleged in her complaint. Ms. Farley does allege that she suffered embarrassment, stress, and anxiety due to the rumors on campus surrounding her allegations, and that her grades fell because of this stress and embarrassment. However, stress and embarrassment resulting from rumors and falsehoods is not the same as fear or continued suffering resulting from a persistent atmosphere of sexual harassment necessarily endured in order to finish school. The latter factual scenario is not alleged by Ms. Farley. Further, the Supreme Court in Davis failed to find that \"a mere 'decline in grades is enough to survive' a motion to dismiss.\" Davis, 526 U.S. at 652. Given the absence of allegations in Ms. Farley's complaint supporting an atmosphere of sexual harassment that she had to endure 12 to earn her degree, the Court finds that she has not alleged sufficient facts to show that the alleged conduct created a hostile environment such that she was denied equal access to her institution's resources and opportunities. See, DeCecco v. Univ. of S.C., 918 F. Supp. 2d 471, 479 (D.S.C. 2013) (holding that one instance of alleged harassment wherein a soccer coach held a meeting with a player behind a locked door and allegedly toucher her thigh was not severe or pervasive under the Davis standard to create a hostile environment that denied plaintiff access to educational benefits or opportunities); Doe v. Georgetown Cty. Sch. Dist., No. 2:14-CV-01873-DCN, 2015 5923610, at 1 (D.S.C. Oct. 9, 2015) (holding that one instance of alleged sex-based inappropriate comment by cheerleading coach to a student cheerleader was not severe or pervasive 12 2/21/25, 8:20 Farley v. New River Cmty. & Technical Coll NO. 5:16-cv-09442 \| Casetext Search + Citator 10/12 enough to effectively deny the student equal access to an institution's resources and opportunities and thus did not constitute harassment under Title IX). The Court finds that the Plaintiff has not pled sufficient facts (when accepted as true) to support a finding that the alleged harassment she suffered was such that it deprived her of equal access to the institution's educational resources or opportunities. In other words, the Court grants New River's motion to dismiss inasmuch as the Plaintiff has not sufficiently alleged that the harassment of which she complains was sufficiently severe or pervasive to create a hostile or abusive environment in an educational program or activity. As a result, the Court need not address the Defendant's arguments on institutional liability WHEREFORE, after thorough review and careful consideration, the Court that New River Community and Technical College's Motion to Dismiss (Document 6) be GRANTED. *13 13 The Court the Clerk to send a copy of this Order to counsel of record and to any unrepresented party. ENTER: February 1, 2017 /s/_________ About us Jobs 2/21/25, 8:20 Farley v. New River Cmty. & Technical Coll NO. 5:16-cv-09442 \| Casetext Search + Citator 11/12 News Twitter Facebook LinkedIn Instagram Help articles Customer support Contact sales Cookie Settings Do Not Sell or Share My Personal Information/Limit the Use of My Sensitive Personal Information Privacy Terms \u00a9 2024 Casetext Inc. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 2/21/25, 8:20 Farley v. New River Cmty. & Technical Coll NO. 5:16-cv-09442 \| Casetext Search + Citator 12/12"}
8,666	Edward Thomas	Michigan State University	[ "8666_101.pdf", "8666_101.pdf" ]	{"8666_101.pdf": "archive.today webpage capture Saved from history \u2190prior next\u2192 search 24 Dec 2024 08:03:45 Redirected from no other snapshots from this url All snapshots from host eu.lansingstatejournal.com from host share download .zip report bug or abuse Webpage Screenshot Despite warnings, multiple reports of sexual misconduct, faculty remain employed at Kara Berg Lansing State Journal Published 10:00 p.m Jan. 27, 2021 Updated 5:37 p.m Jan. 28, 2021 Michigan State University veterinary medicine professor had a pattern of making sexual advances toward young women, university investigators determined. He used his status to gain trust, according to university records, then isolated the women for sexual advances. This professor, Matti Kiupel, is one of five faculty members who remain employed at despite warnings or multiple reports of sexual misconduct. Kiupel did not respond for comment Lansing State Journal investigation into sexual misconduct at the university revealed at least 49 faculty and staff have been found in violation of policy since 2015. Offenses include making unwanted sexual contact, stalking or sexually harassing students or co-workers. At least 11 remain at or affiliated with the university. Those who remain or were allowed to leave on their own accord primarily are faculty, while the majority of the employees fired were staff. Nonconsensual sexual relationship fired a coach in February for a Title violation. He was initially granted retirement Scott Westerman:Former Alumni Association director was a mentor to her, then he made a sexual advance In 18 cases \u2014 all but two of which involved staff members \u2014 university officials fired the employee. Seven employees \u2014 only one of whom was staff \u2014 resigned or retired before the Office of Institutional Equity investigative or discipline process was complete. In those cases, investigations continued until a determination was made, but no discipline was imposed Search For & Place Classifieds $25 for 2 years News Sports High Schools Life Advertise Obituaries eNewspaper Legals 32 Subscribe Sign In [ ] Eight employees had retired or resigned before a complaint was filed against them. In two cases, retired professors lost their emeritus title as a result of the finding against them. The 49 Michigan State University employees who made unwanted sexual contact, stalked, sexually harassed or retaliated against students or co-workers are listed below. This list includes employees found to have violated MSU's Relationship Violence and Sexual Misconduct policy since 2015. This isn\u2019t new. In September 2015, the U.S. Department of Education Office of Civil Rights determined that an \u201cemployee\u2019s continued additional acts of harassment after the University failed to adequately address his behavior, led to a continuing hostile environment for a number of other employees.\u201d In 2016, faculty physician Larry Nassar was accused of sexually abusing women and girls through his sports medicine practice over two decades, triggering a crisis still felt today. Name Department Name Andrew Watkins Position Executive Director of Constituent Relations Department University Advancement Still employed? No Date of final report 13-Jan-17 Offense Sexual harassment Punishment 1 week suspension We're always working to improve your experience. Let us know what you think. In a Jan. 15, 2021, email to faculty, staff and students, President Samuel Stanley Jr. recalled the 204 women and girls who spoke out against Nassar in his 2018 sentencing hearings, saying they \u201cchallenge us to create culture change at MSU.\u201d Stanley also wrote that the State Journal was investigating sexual misconduct complaints involving employees and acknowledged the results would show inequities in how cases were handled. \u201cWe [say this] not to excuse past decisions; rather, we want you to know the actions we have taken the past few years and continue to take will improve our consistency and accountability,\u201d he wrote in the email, which also was signed by Provost Teresa Woodruff, Executive Vice President for Administration Melissa Woo and Executive Vice President for Health Sciences Norman Beauchamp. \u201cChanges have been made, and more work will be completed soon to address inequalities in the disciplinary outcomes and further strengthen our disciplinary actions.\u201d Independent review: 4 takeaways from a review of Michigan State University's Title policy and process Full coverage: Larry Nassar Concerning, inappropriate behavior making new policies to crack down on inappropriate behavior skirting current rules 9,000 Nassar records trustee finishes review of Nassar documents, says there are no new findings Stanley\u2019s letter said the changes include plans to address inappropriate behavior that doesn\u2019t rise to the level of a policy violation and revisions to university policies on travel, tenure discipline and dismissal, student-employee relationships and emeritus eligibility President Samuel Stanley speaks Friday, Oct. 25, 2019, during the Board of Trustees meeting at the Hannah Administration building. Matthew Dae Smith/Lansing State Journal \"Much work has been done to change the culture of Michigan State University spokesperson Dan Olsen said in a statement. \"Culture change does not happen with one individual, it takes the whole system to work collectively to achieve the same goal of preventing inappropriate behavior and creating a culture where the behavior is not tolerated. There\u2019s no mistake we have more work to do and the university is committed to that work.\" At least five current faculty had multiple accusations of sexual misconduct At least 14 faculty or staff members who were found to have violated the university\u2019s sexual misconduct policy had two or more people accuse them of sexual harassment or assault, according to a State Journal analysis. Of those, five remain at the university: criminal justice professor David Foran, marketing professor Tomas Hult, communications professor William Donohue, physiology professor Robert Wiseman and Matti Kiupel, professor of anatomic pathology in the College of Veterinary Medicine. Veterinary Medicine professor Matti Kiupel In August 2017, Kiupel was suspended for two months for unwelcome sexual contact and comments at a veterinary conference in December 2016. He also had to partake in one- on-one sexual misconduct training and was removed from his position as section head of anatomic pathology. Kiupel told the he didn\u2019t believe he engaged in any misconduct, but it \u2018greatly saddens me that made [redacted] feel uncomfortable. For this am truly sorry,\u2019\u201d according to the report. \u201c[Kiupel] stated the complainant has caused him to undertake a great deal of self-reflection personally and professionally.\u201d His conduct at the conference, investigators said, wasn\u2019t severe and pervasive. But taken in totality with the history that was uncovered during the investigation, his conduct was. Investigators said he showed a pattern of pursuing women significantly younger than he was \u201cthrough virtue of his employment, isolating them, and then making sexual advances.\u201d \u201cThe striking power differential between [Kiupel] and claimant is compelling to the context of the conduct,\u201d investigators wrote in the final report. \u201c[Kiupel] exploited his status and influence in the profession as a basis to gain trust with a young student eager to be part of a selective specialty.\u201d Three women told during the investigation about unwanted or inappropriate sexual advances by Kiupel. Four other witnesses confirmed they had seen or heard of misconduct and said it was not unknown within the college. John Baker, then-dean of the College of Veterinary Medicine, told it was \u201chis understanding there had been complaints in the past [about Kiupel] before was instituted\u201d in 2015. Baker did not respond for comment. Investigators determined \u201c[Kiupel\u2019s] continued exposure to residents and any representation on behalf of and financed by should be carefully and thoughtfully considered.\u201d Matti Kiupel Courtesy Of Michigan State University Communications professor William Donohue Donohue has been found responsible for sexual misconduct against women three times since 1994 witness told investigators Donohue\u2019s name has come up as \u201can example of a problem at the University,\u201d according to the report. Donohue did not respond for comment, but told investigators he denied making the sexual comments or said they were taken out of context or misinterpreted. At a university dinner in April 2014, Donohue told sexually inappropriate jokes and stories that were \u201cso severe it warranted an apology email from the Department Chair,\u201d according to an report. And yet, Donohue was appointed as the faculty grievance officer four months later, a post he held until 2018 woman interviewed described that as putting a \u201cfox in charge of the hen house.\u201d Donohue was reprimanded in 1994 for making inappropriate comments and for letting his hands linger on a woman\u2019s neck and shoulders. In 2019, he was suspended for two months for two sustained complaints of forcible sexual contact and inappropriate sexual comments. Criminal justice professor David Foran In 2016 officials warned Foran of anonymous complaints about his behavior. The warning made \u201cso little impression on [Foran]\u201d that he didn\u2019t remember if he hugged a student before dropping her off, according to an report. Three years later, Foran was found to have violated MSU\u2019s sexual misconduct policy for inappropriately touching and having overly personal communication with four students and for retaliatory behavior after students refused to attend social events. The investigation is complete. Foran remains on indefinite unpaid leave, which can be a step in the process of revoking tenure and dismissing faculty. The women told investigators Foran hugged them, kissed them on the head and massaged their shoulders even as they tried to squirm away, according to the report. All four said they felt they had \u201cno choice but to acquiesce and do what [Foran] wanted them to do\u201d because if they did not, he would refuse to communicate with them and make their lives more difficult. William Donohue Courtesy Of Michigan State University David Foran Photo By G. L. Kohuth, Courtesy Of Michigan State University, Michigan State University Foran told the State Journal he was shocked when he found out several of his students were uncomfortable with some of his behavior. He said he \u201cfelt awful about it, but took full responsibility, apologized fully and sincerely, and immediately changed my behavior.\u201d \u201cWhile again take full responsibility for my actions have never made sexual suggestions, allusions, advances or propositioned a student have never used sexually explicit, lewd or vulgar language to or in reference to a student have never groped or otherwise sexually touched or interacted with a student have never been violent with a student, and have not been accused, by anyone, of doing any of those,\u201d Foran wrote in an email. Marketing professor Tomas Hult When Sarah Singer, director of Education Abroad, filed a harassment report in 2019 against Hult, then- director of the International Business Center, she was at least the third person to bring Hult's behavior to the university\u2019s attention. In 2012 and 2017, a marketing professor and an Academy of International Business employee reported sexual misconduct by Hult in their exit interviews. Olsen said he could not confirm or deny the 2012 report. The 2017 complaint made its way to OIE, but investigators found Hult had not violated university policy. Full story: Michigan State administrator suspended after sexual misconduct accusation Singer\u2019s complaint of unwanted and inappropriate touching and sexual comments was not substantiated in July 2019. Hult was suspended from his position as director of the university\u2019s International Business Center for 12 weeks in September 2019. He remained an active faculty member. Singer\u2019s case later was reopened, and material from other reports was used for additional context. With the additional material, Hult was found to have violated the sexual misconduct policy. His endowed chair position was revoked in January, Olsen said. The woman from the 2012 complaint, a marketing professor who did not have tenure at the time, is no longer at the university. \u201cWhen you don\u2019t have any kind of power, the system doesn\u2019t seem to support you,\u201d she said. \u201cYou\u2019re kind of all alone...It\u2019s an impossible situation to be in.\u201d Brian Koncius, Hult\u2019s attorney, wrote in an email there was no basis to reopen Singer\u2019s complaint and said there was nothing that could \u201creasonably have led anyone to change the proper original findings.\u201d Bringing in statements from other reports \u201cdefies logic,\u201d Koncius said. \u201cThat investigation questioned the individuals who were actually present in the (sic) Dr. Hult and Dr. Singer\u2019s workplace and who routinely witnessed their interactions - proper witnesses,\u201d Koncius wrote. \u201cThose witnesses were consistent, Tomas Hult Courtesy Of Michigan State University each stating that they did not witness or feel subjected to actions that they believed were sexual harassment: \u2018none of the 15 witnesses [recalled] a single instance of [Dr. Hult] making a comment of a sexual nature.\u2019\u201d Physiology professor Robert Wiseman Wiseman was suspended for six weeks after investigators found he had sexually harassed six women over nearly two decades. In all, nine women said Wiseman made inappropriate and sexually charged comments or jokes that made them feel uncomfortable. One told investigators she had \u201cno doubt [Wiseman] will try to undermine my ability to do what do ... He is disgusting and manipulative view him as dangerous, bullish and as a threat. He uses his status to do what he does.\u201d Full story: Report physiology professor sexually harassed at least 6 women over 17-year period After OIE\u2019s first finding, other people came forward with \u201cinsane accusations,\u201d David Nacht, Wiseman\u2019s attorney, said. The second complaint was not sustained, Nacht said, and Wiseman has had no other complaints in the past two decades. Nacht said the initial investigation into Wiseman was \u201cflawed and deeply biased.\u201d Investigators did not let him answer questions and did not notify him of the accusations prior to his interview, Nacht said. Nacht said because the complaint came in a post-Nassar time at when the university was cracking down on sexual misconduct, it was \u201cnot the time when there was going to be a reversal\u201d after an appeal. \u201c[Wiseman] is an incredibly well-respected guy,\u201d Nacht said. \u201cHe\u2019s trying to cure diabetes, and now he\u2019s been reduced to this inappropriate comment and that inappropriate comment.\u201d Keeping their honorary titles Four retired professors and administrators were allowed to keep their honorary \u201cemeritus\u201d titles despite being found to have violated policies on sexual misconduct by investigators. James Kielbaso and Thomas Vogel had emeritus standing prior to the reports being made. Charles Steinfield and William Latta were awarded the title several years after they were punished for sexual misconduct spokesperson Olsen said prior to June 2019, all faculty, academic staff and executive managers automatically received emeritus status upon their retirement. Latta, an emeritus assistant vice president for operations, could not be reached for comment. In lieu of commenting, Kielbaso, a professor emeritus in the Department of Forestry, sent a photo of a note written by the woman who says he sexually harassed her. The note says, \u201cThank you so much for believing in me and all you have done for me in the past. You\u2019ve been a great help personally and Robert Wiseman Courtesy Of Michigan State University professionally.\u201d Kielbaso said this note was from \u201cwell after graduation and into a full time job and successful career.\u201d History professor Harold Marcus: Lawsuit: Late professor treated university as his 'own sexual playground' Physiology professor Robert Pittman: Former professor now realizes sexual encounter in '99 wasn't consensual, pleads guilty Coming forward: More men are reporting sexual assault, harassment to Michigan State University The university is currently in the process of revoking the honor from Vogel, a professor emeritus in the Department of Earth and Environmental Sciences, and Steinfield, a professor emeritus in the Department of Media and Information, as a part of a university-wide review, Olsen said. This review will be completed and sent to the provost no later than June 1, he said. Three women told investigators Steinfield had touched their buttocks, lower back and upper thigh. Two of them described his touch as \u201ccupping\u201d and all three said it was not subtle. Steinfield told the State Journal he had doubts in 2012 about the fairness of the investigation, and suffered \u201cheavy consequences\u201d to his career, income and reputation. Even so, he said, he expressed regret to the complainants that his actions caused discomfort. \u201cThese allegations were a shock to me as my recollections of the events in question did not match those of the complainants,\u201d Steinfield said. Over the course of a year and a half, in 2009 and 2010, Steinfield, who was then the chair of the Department of Telecommunication, Information Studies and Media, greeted one of the women with touches on the small of her back and her arms, according to the report. During a meeting in his office, Steinfield put his hand on her buttocks and rubbed up and down for five seconds as he continued the conversation. Another woman reported that around 2010, Steinfield would hug her sideways around the waist when they were alone and would rub his body against hers. She estimated that happened about four dozen times. When she confided in a colleague, they told her, \u201coh yeah he does that\u201d and \u201cwhat are you going to do? He\u2019s the chair.\u201d Julie Libarkin, a professor in the Department of Earth and Environmental Sciences, has documented more than 1,000 cases of sexual misconduct at hundreds of universities across the U.S. in a database she created. Libarkin was \u201cdry humped\u201d by Vogel at a retirement party in 2010, an investigation found. Her 2016 complaint was sustained, but Vogel still holds his emeritus title. Vogel said the procedures used in 2017 were ruled to be unfair and he was not awarded proper due process during the investigation. He said there were no witnesses and he treated the women he worked with respectfully. \u201cUnfortunately for me (and others who have been investigated recently by the OIE) Ms. Libarkin\u2019s complaint came soon after the Larry Nassar disaster at Michigan State University,\u201d Vogel wrote in an email. \u201cThis Office was under a lot of pressure to be aggressive because of the way the Nassar case was mishandled. In their subsequent investigations they had no sympathy at all for the accused, even though, in many cases, there was a lack of evidence.\u201d Libarkin said she knew her experience couldn\u2019t be unique, so she began tracking sexual misconduct at universities across the country. \u201cAt first it just was an advocacy project, but then realized it was a very interesting dataset that no one else had collected,\u201d Libarkin said. \u201cEven though it\u2019s very incomplete because it\u2019s only public cases, the data begins to point toward truisms and common themes about cases.\u201d History professorHarold Marcus, who was found to have sexually harassed and assaulted two students in the '70s and '80s, was stripped of his emeritus title in 2019 after review by the university. Marcus died in 2003. Physiology professor Robert Pittman also was stripped of the title last year before he was sentenced for fourth-degree criminal sexual conduct for the assault of a man he supervised. Allowed to retire, quietly move on Several employees found to have violated the university\u2019s sexual misconduct policy were allowed to quietly resign or retire. For several others, their temporary appointment ended, Olsen said paid former university registrar Nicole Rovig more than $70,000 for 90 days of transitional support and vacation payouts when she resigned less than a month after determined she had sexually assaulted Lisa Zastrow, who worked under Rovig. Rovig could not be located for comment. Zastrow said she told the union that represented her about the assault. She said she was ready to accept that Rovig was drunk, and leave it at that. But Rovig felt differently, she said, and fired Zastrow without telling her why. \u201cThis is not an isolated incident with just me,\u201d Zastrow said. \u201cThe bottom line is, what they did to me was ridiculously unfair.\u201d Zastrow ended up settling with the university for about $90,000 after filing a complaint with the Equal Employment Opportunity Commission about being fired. Appeal denied: Appeals court rejects bid by William Strampel to have misconduct conviction set aside William Jacoby political scientist tried to trade academic guidance for sex, university finds Political science professor William Jacoby and the former dean of MSU\u2019s College of Osteopathic Medicine, William Strampel, along with four others, were allowed to retire either before their investigation finished or before discipline was imposed. This allowed them to keep some retirement benefits, like health care or life insurance. Jacoby, who formerly was an eminent figure in his field, propositioned a graduate student \u201cfor sexual favors in exchange for his academic guidance regarding her research and paper,\u201d according to an report. Jacoby did not respond for comment. Experts suggest possible solutions It\u2019s easier to discover what doesn\u2019t work to address sexual misconduct on campus than it is to find what does work, said Christina DeJong, a criminal justice professor who has studied sexual misconduct by professors. Doing nothing or forcing someone to retire early, especially, are not helpful. DeJong said she has heard stories of universities that don\u2019t take action because the conduct isn\u2019t criminal or egregious enough. DeJong pointed to Strampel, who spent eight months in jail after a jury convicted him of using his power as dean to proposition and control female medical students. Several female medical students and graduates testified that he made sexually inappropriate comments to them and propositioned them for sexual favors. Administrators spoke to Strampel about complaints of inappropriate sexual comments and behavior during performance reviews in 2005, 2010 and 2015. No action was taken. Retired political science professor William Jacoby in 2008. G. L. Kohuth/courtesy Of Michigan State University William Strampel, left, former dean at the College of Osteopathic Medicine at Michigan State University, appears before Ingham County Circuit Court Judge Joyce Draganchuk at Veterans Memorial Courthouse Wednesday, Aug. 7, 2019, for sentencing jury found him guilty of misconduct in office, and on two charges of willful neglect of duty related to the Larry Nassar scandal. He was found not guilty of sexual assault. Also pictured is his attorney John Dakmak. Matthew Dae Smith/Lansing State Journal Strampel stepped down as dean in December 2017, citing medical reasons, but retained a tenured professorship. At this point, Strampel was under fire for not ensuring Nassar was following protocols put into place after a 2014 sexual assault complaint. Instead of finishing a lengthy tenure revocation so the university could fire Strampel, officials negotiated a retirement deal in 2018: Strampel would not receive emeritus status and would forfeit other benefits related to executive level retirement, but would receive basic retiree health care coverage. \u201c[Strampel] was allowed to offend and offend and offend, and nothing ever happened until it reached the level of criminal,\u201d DeJong said. \u201cThere were years of people making complaints about him...and he was allowed consistently to offend in a very powerful position. Why he was allowed to remain dean under some of these accusations have no idea.\u201d Institutional tolerance for the behavior is one of the common themes in conversations about sexual violence in the workplace, said Sheerine Alemzadeh, co-founder and co-director of Healing to Action, a Chicago-based nonprofit that works to address gender-based violence. \u201cRather than looking at if the [punishment] is enough to stop them from doing it again, it\u2019s important to look at the culture of the workplace to see what\u2019s going on that makes them feel emboldened to do this,\u201d Alemzadeh said. In academia, Alemzadeh said, people are vulnerable if they have not received tenure or if they are doctoral students working under the mentorship of one faculty member. That means universities need to make sure policies are easily understood and to ensure faculty and staff know the harm they may be causing with their behavior, she said. \u201cThe culture of tolerance can create a real liability for the employer over time,\u201d Alemzadeh said. \u201cIf the culture is there, you will see patterns of repeated incidents, maybe by multiple people against multiple people...This basically stops people\u2019s careers in their tracks.\u201d About this report: To complete this investigation, the Lansing State Journal made 25 public records requests to Michigan State University over an 18-month period. The paid nearly $2,000 for the records. Reporter Megan Banta contributed to this story Contact reporter Kara Berg at 517-377-1113 or [email protected]. Follow her on Twitter @karaberg95. 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8,280	Mike Dunavant	Eastern Mennonite University	[ "8280_101.pdf", "8280_102.pdf" ]	{"8280_101.pdf": "D3hoops \ue803Composite \ue802Search \ue800Menu D3Hoops.com D3sports.com D3football.com D3hoops.com D3baseball.com D3boards.com Scores Men's scores All scores Scores by conference Top 25 Women's scores All scores Scores by conference Top 25 News Men's news Scoreboard Coaching Carousel D3hoops.com Classic Stats News releases Notables (D3 Datacast) Playoff history Standings Women's news Scoreboard Coaching Carousel D3hoops.com Classic Stats News releases Notables (D3 Datacast) Playoff history Standings Teams Men's Teams Region 1 \ue81b \ue882\ue822 \ue81f \ue800\ue801 Region 2 Region 3 Region 4 Region 5 Region 6 Region 7 Region 8 Region 9 Region 10 Conferences Women's Teams Region 1 Region 2 Region 3 Region 4 Region 5 Region 6 Region 7 Region 8 Region 9 Region 10 Conferences Columns Around the Nation Around the Region Daily Dose Hoopsville Hoopsville Marathon Awards All-Americans All-Region Team of the Week All-Decade (men) All-Decade (women) Nominations Top 25 Top 25 index Men's Top 25 Women's Top 25 Men's poll archive Women's poll archive Network D3sports D3football D3baseball D3boards Contact Email us Directory Drop us a note Advertise here User survey Open Dates coach resigns amid allegations of misconduct More news about: Eastern Mennonite Apr 17, 2003 Eastern Mennonite women's head coach Mike Dunavant, resigned April 16 after he was accused of improper conduct by one of his players, according to the Harrisonburg Daily News-Record. Dunavant finished 31-21 in two seasons. In a written statement, the university said Dunavant submitted his resignation as the Royals' coach following \"an investigation of allegations of misconduct has a process in place to address personnel issues and that process was used and these are the results,\" athletic director Larry Martin said have no further comment about it. We will be searching for a new coach as soon as possible.\" According to the newspaper, the allegations stem from a trip Dunavant and a player took to Hershey, Pa., last fall. According to the player who lodged the complaint, Dunavant made a pass at her after both of them had too much to drink. She then filed a \"sexual harassment\" complaint with the university, but not until after the season ended about four months later was so confused,\" the player, a veteran who spoke on condition that her name not be used, said Wednesday. \"We got drunk and he started hitting on me. The next day, he kind of laughed it off.\" Dunavant, who was dogged by allegations of sexual harrassment at Rice in the early '90s, has also coached at Virginia Wesleyan and Virginia Commonwealth. He came to Eastern Mennonite from Central Virginia High School in Richmond. \"My going to Harrisonburg is not about the basketball,\" Dunavant said when hired. \"This is listening to God's word am doing what he has led me to do. ... If what happens to me during my stay in Harrisonburg can truly make a difference in others' lives then that alone will make it all worthwhile.\" It leaves Eastern Mennonite without a head basketball coach in either gender. Tom Baker, the men's basketball coach, resigned in March. Share Best Newest Oldest 0 Comments \ue603 1 Login Name Start the discussion\u2026 ? Be the first to comment. Subscribe Privacy Do Not Sell My Data \uf109 Share \ue81b \ue882 \ue82d \ue83d \u00a9 2025 D3SPORTS", "8280_102.pdf": "26\u00b0 Memphis \uf0c9 Watch Live Solutions Digital Desk (WMC) - No criminal charges will be filed against a Mid-South deputy sheriff accused of raping an employee. Tennessee Bureau of Investigation conducted an independent review of the case. The agency turned the results of that review over to Attorney General Mike Dunavant, who decided he would not press charges against Hardeman County Chief Deputy Sheriff Billy Davis. Dunavant determined there was not enough evidence or credible proof that a crime occurred. Davis was the supervisor when the victim said the incidents took place. The woman said she was raped in June 2016 while on the job with Hardeman County Sheriff's Office. She sued the sheriff's office after she was fired, saying she was let go because she refused Davis' sexual advances. Dunavant's decision does not impact the victim's lawsuit. Dunavant's decision pertains only to criminal charges. Copyright 2017 Action News 5. All rights reserved. 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Click here to learn more about our approach to artificial intelligence Gray Local Media Station \u00a9 2002-2025 Watch Live News Special Reports First Alert Weather Sports Community About Us Schedule Action News 5 1960 Union Avenue Memphis 38104 (901) 726-0555 2/22/25, 5:11 Deputy sheriff will not face criminal charges related to rape allegations 3/3"}
7,485	Loren Babcock	Ohio State University	[ "7485_101.pdf" ]	{"7485_101.pdf": "5191.01 - Page 1 Term Information General Information Offering Information Prerequisites and Exclusions Cross-Listings Subject Code 5191.01 - Status Last Updated: Haddad,Deborah Moore 12/05/2018 Effective Term Autumn 2019 Course Bulletin Listing/Subject Area Earth Sciences Fiscal Unit/Academic Org School of Earth Sciences - D0656 College/Academic Group Arts and Sciences Level/Career Graduate, Undergraduate Course Number/Catalog 5191.01 Course Title Internship in the Earth Sciences, Natural History Museum Transcript Abbreviation Intern NatHistMus Course Description Formal, independent study and practical training in a natural history museum. Students become acquainted with the research, teaching, and outreach activities of a museum, and enhance their knowledge of resources, research methodologies, curatorial procedures, exhibit development, institutional culture, and work environment. Semester Credit Hours/Units Fixed: 3 Length Of Course 14 Week, 12 Week, 8 Week, 7 Week, 6 Week Flexibly Scheduled Course Never Does any section of this course have a distance education component? No Grading Basis Letter Grade Repeatable Yes Allow Multiple Enrollments in Term Yes Max Credit Hours/Units Allowed 12 Max Completions Allowed 12 Course Components Field Experience Grade Roster Component Field Experience Credit Available by Exam No Admission Condition Course No Off Campus Never Campus of Offering Columbus Prerequisites/Corequisites Permission of instructor Exclusions Electronically Enforced No Cross-Listings Subject Code 40.0601 Subsidy Level Doctoral Course 5191.01 - Page 2 Requirement/Elective Designation Course Details 5191.01 - Status Last Updated: Haddad,Deborah Moore 12/05/2018 Intended Rank Junior, Senior, Masters, Doctoral, Professional The course is an elective (for this or other units) or is a service course for other units Course goals or learning objectives/outcomes Students learn through experience the research, teaching, and outreach activities of a museum. Students experience intellectual growth through critical thinking, problem-solving, application of knowledge, and working and communicating with others. \u2022 Content Topic List Mission of a natural history museum Curatorial philosophy and procedures Research in a museum environment: resources, tools, and methods Exhibit development and installation Engagement with public Finance, branding, marketing, & development \u2022 Sought Concurrence No Attachments Proposed syllabus 5191- Museum Internship 2018.docx: syllabus (Syllabus. Owner: Panero,Wendy R) \u2022 Comments Workflow Information Status User(s) Date/Time Step Submitted Panero,Wendy 12/05/2018 09:43 Submitted for Approval Approved Panero,Wendy 12/05/2018 09:43 Unit Approval Approved Haddad,Deborah Moore 12/05/2018 09:55 College Approval Pending Approval Nolen,Dawn Vankeerbergen,Bernadet te Chantal Oldroyd,Shelby Quinn Hanlin,Deborah Kay Jenkins,Mary Ellen Bigler 12/05/2018 09:55 Approval Earth Sciences (ES) 5191.01 (proposed) Proposed for introduction in Autumn Semester 2019 To be offered each autumn, summer, and spring semester Credit hours: 3 (may be repeated up to a maximum of 12 credit hours) Prerequisite: Permission of instructor. Faculty Mentor and Course Coordinator: Prof. Loren Babcock Email: [email protected] Office hours: Tu, Th 11:00-12:00, or by appointment Meeting locations and time: Lecture/discussion: 82 Orton Hall; time Practicum: Orton Geological Museum; time Total contact hours per week: approximately 10 hours of study, on-site training, and report generation. Course materials packet of readings on museum philosophy, techniques, procedures, and best practices, derived from varied sources such as the primary literature and museum reference materials or documentation, will be available on Carmen. Course description Formal independent study and practical training in a natural history museum. Students become acquainted with the research, teaching, and outreach activities of a museum, and enhance their knowledge of resources, research methodologies, curatorial procedures, exhibit development, institutional culture, and work environment. Offered every semester. Limited to 12 credits maximum. Graded credit. Prerequisite: permission of instructor. Course goals Students learn through experience the research, teaching, and outreach activities of a museum. Students experience intellectual growth through critical thinking, problem- solving, application of knowledge, and working and communicating with others. Learning objectives Students gain skills necessary for career choice and development, including effective communication, self-appraisal, independent thinking, leadership development, and collaboration. Students become better prepared for a STEM-related career. Internship in a Natural History Museum, p. 2 Course content 1-2 Mission of a natural history museum: research, teaching, and outreach Development of the Internship Work Plan 3 Curatorial philosophy and procedures Includes: conservation of scientific resources for scholars and learners, specimen acquisition, special procedures for conservation of scientific voucher specimens including name-bearing types, procedures for loaning specimens for scientific study 4-7 Research in a museum environment: resources, tools, and methods Includes: Specimen preparation techniques, specimen conservation methods, use of instrumentation, use of online and library resources, data analysis 8-10 Exhibit development and installation Includes: Collaborative development of concepts, development of content, installation procedures 11-12 Engagement with the public Includes: Public speaking, leading tour groups, courses on topics, interaction with the media 13-15 Finance, branding, marketing, and institutional development Includes: Managing the museum as a non-profit business, organizing and managing fundraising, advertising, online presence and activity, working with an Advisory Board 16 Preparation of Internship Poster, and finalization of Internship Journal Internship in a Natural History Museum, p. 3 Responsibilities 1. Working with the faculty mentor.\u2014Internships require the participation of a Faculty Mentor. The faculty member helps in the preparation of a work plan, provides orientation reading, responds to student\u2019s questions, reviews progress reports, assesses the final products, and evaluates the internship for credit. The student should be aware, however, that much of the learning activity will take place independently and in response to directives of the Site Supervisor. 2. Working with the Site Supervisor.\u2014Internships require a Site Supervisor. For all practical purposes, s/he is the boss in all matters related to the on-site work activities. The intern\u2019s work plan should be developed with the consent and cooperation of the Site Supervisor. It should reflect the expectations of the organization, as well as the judgment of the student and the Faculty Mentor as to what can reasonably be accomplished during the allotted time. 3. Internship activity.\u2014During the internship, the Site Supervisor will send periodic progress report(s) to the faculty mentor and, at the end of the semester, will be asked to evaluate the performance on the basis of achievements and behavior. The Faculty Mentor and the student intern will meet to monitor progress and review the student\u2019s Internship Journal. At the end of the semester, the student will submit an Internship Portfolio, which includes but is not limited to: a one- or two-page Internship Report describing her or his experience for future interns, submitted before the grade is assigned. b one- or two- page Reflection on the Internship Experience, that summarizes what was learned, and how the student\u2019s educational goals were met as a result of the internship experience. c. An Internship Journal kept during the internship. d. An updated R\u00e9sum\u00e9. Also, at the end of the internship period, the student will prepare an Internship Poster that is to be exhibited in the School or Earth Sciences or a research forum on campus. 4. Conduct.\u2014Students are expected to be courteous, responsible, and reliable in their dealings with colleagues and others at the site, and with the Faculty Mentor. Students should show up on time, avoid unnecessary absences, and dress and behave appropriately. To clarify expectations, students should periodically discuss their progress and performance with the site supervisor. Museum Internship Work Plan The Work Plan will be completed before interning begins. The plan will be developed through discussions with the student, the Faculty Mentor, and the Site Supervisor. This \u201ccontract\u201d consists of contact information and a description of the planned activities, including work products and educational goals. As a minimum academic requirement, the internship requires that the student maintain a journal that logs research, observations, activities, assignments, and all other relevant work relating to the internship. Other academic products may be required by the academic advisor as assigned. The student will Internship in a Natural History Museum, p. 4 be allowed free time near the end of the internship to complete structured academic assignments such as the poster. Assessment 1. Attendance and engagement (course participation) during agreed hours is expected. 2. The student will present an Internship Portfolio at the end of the internship. The portfolio will contain, at a minimum, an Internship Report, a Reflection on the Internship Experience, an Internship Journal, and a R\u00e9sum\u00e9. 3. The student will present an Internship Poster that is to be displayed in the School of Earth Sciences or at a research forum on campus. There are no formal examinations. Grading procedure Attendance and course participation = 25% Internship Journal = 50% Internship Poster = 25% Grading scale Statement on conduct in the course It is the responsibility of the Committee on Academic Misconduct to investigate or establish procedures for the investigation of all reported cases of student academic misconduct. The term \u201cacademic misconduct\u201d includes all forms of student academic misconduct wherever committed; illustrated by, but not limited to, cases of plagiarism and dishonest practices in connection with examinations. Instructors shall report all instances of alleged academic misconduct to the committee (Faculty Rule 3335-5-487). For additional information, see the Code of Student Conduct Statement on disability services The University strives to make all learning experiences as accessible as possible. If you anticipate or experience academic barriers based on your disability (including mental health, chronic or temporary medical conditions), please let me know immediately so that we can privately discuss options. To establish reasonable accommodations may request that you register with Student Life Disability Services. After registration, make arrangements with me as soon as possible to discuss your accommodations so that they may be implemented in a timely fashion contact Internship in a Natural History Museum, p. 5 information: [email protected]; 614-292-3307; slds.osu.edu; 098 Baker Hall, 113 W. 12th Avenue. Statement on mental health services As a student you may experience a range of issues that can cause barriers to learning, such as strained relationships, increased anxiety, alcohol/drug problems, feeling down, difficulty concentrating and/or lack of motivation. These mental health concerns or stressful events may lead to diminished academic performance or reduce a student\u2019s ability to participate in daily activities. The Ohio State University offers services to assist you with addressing these and other concerns you may be experiencing. If you or someone you know are suffering from any of the aforementioned conditions, you can learn more about the broad range of confidential mental health services available on campus via the Office of Student Life\u2019s Counseling and Consultation Service (CCS) by visiting ccs.osu.edu or calling 614-292-5766 is located on the 4th Floor of the Younkin Success Center and 10th Floor of Lincoln Tower. You can reach an on call counselor when is closed at 614-292-5766 and 24 hour emergency help is also available through the 24/7 National Suicide Prevention Hotline at 1-800-273 or at suicidepreventionlifeline.org. Statement on sexual misconduct Title makes it clear that violence and harassment based on sex and gender are Civil Rights offenses subject to the same kinds of accountability and the same kinds of support applied to offenses against other protected categories (e.g., race). If you or someone you know has been sexually harassed or assaulted, you may find the appropriate resources at by contacting the Ohio State Title Coordinator, Kellie Brennan, at [email protected]. Statement on diversity The Ohio State University affirms the importance and value of diversity in the student body. Our programs and curricula reflect our multicultural society and global economy and seek to provide opportunities for students to learn more about persons who are different from them. We are committed to maintaining a community that recognizes and values the inherent worth and dignity of every person; fosters sensitivity, understanding, and mutual respect among each member of our community; and encourages each individual to strive to reach his or her own potential. Discrimination against any individual based upon protected status, which is defined as age, color, disability, gender identity or expression, national origin, race, religion, sex, sexual orientation, or veteran status, is prohibited."}
7,619	William Thelin	University of Akron	[ "7619_101.pdf", "7619_102.pdf", "7619_103.pdf", "7619_104.pdf" ]	{"7619_101.pdf": "University of Akron professor who violated sexual harassment policy allowed to continue teaching Staff Writer Akron Beacon Journal Published 11:00 a.m Dec. 6, 2015 The allegations surfaced a few days after the alcohol-fueled party. University of Akron English professor William Thelin had invited teaching assistants and other guests to his house in August 2005. The booze was flowing. They watched a Monty Python movie. And from all indications, everyone was having a great time. But a female student complained afterward to administrators that Thelin grabbed her buttocks during a goodbye hug and that he kissed another student on the neck. Thelin denied the allegations. The school concluded after an investigation that year that he exercised poor judgment and warned him \u201cnot to touch a student in any way\u201d and \u201cavoid any social contact with students, on campus and off.\u201d But he didn\u2019t listen new internal investigation by the school\u2019s Equal Employment Opportunity/Affirmative Action Office, launched after a complaint was filed this year in March, concluded the professor violated the school\u2019s sexual harassment policy school investigator uncovered a litany of questionable behavior, including accusations that Thelin, after a night of drinking, took a female studentto his home, where she accused him of trying to kiss her. Students also reported that he took them to a downtown Akron bar and encouraged them to drink alcohol during class time. The investigator was particularly harsh in criticizing his actions when taking the female student to his home. 2/22/25, 5:13 University of Akron professor who violated sexual harassment policy allowed to continue teaching 1/5 \u201cDr. Thelin made a choice to not only endanger his own life, by driving after consuming several alcoholic beverages ... but he put the student\u2019s life in danger,\u201d the investigator wrote. \u201cParents trust The University of Akron administrators to protect their children while they are away at college has allowed Thelin, who has been at the school since 2001 and is a tenured professor, to continue teaching, earning a current annual salary of $92,300. That decision has outraged many of his colleagues, who say the school is putting students at risk by letting him remain in the classroom. Those colleagues also say they question why the school, which has pledged to crack down on sexual misconduct on campus, is protecting the professor. \u201cWe are troubled ... that this finding has not so far resulted in his unconditional removal from the classroom, especially since the report also documented a pattern of behavior that spans more than a decade...,\u201d stated a Aug. 18 letter signed by the tenured English professors and sent to Provost Michael Sherman and Vice Provost Chand Midha spokesman Wayne Hill said the school followed the investigator\u2019s recommendations, which included Thelin meeting with administrators, retaking sexual harassment training along with others in the English department and the school examining his professional conduct. Hill wouldn\u2019t comment further on the punishment. The documents provided to the newspaper do not indicate whether Thelin was reprimanded or disciplined following the investigation. Meanwhile, Thelin issued a statement to the newspaper, saying that he wouldn\u2019t comment on the specific allegations in the latest report. \u201cWhile acknowledge and regret one isolated instance of poor judgment on my part, the report also includes distortions, hearsay, exaggerations, innuendo, and out-and-out fabrications,\u201d he wrote. \u201cTherefore dispute the conclusions drawn byEEO wish, though, to put this incident behind me and move forward in a positive direction have done all that was asked of me and more in response to recommendations made in light of the judgment against me and feel have learned.\u201d 2/22/25, 5:13 University of Akron professor who violated sexual harassment policy allowed to continue teaching 2/5 Thelin has since filed a Title discrimination complaint against his colleagues in the English department. Hill confirmed the complaint was filed but said it was an active investigation and would not comment further. Latest investigation The Equal Employment Opportunity/Affirmative Action Office launched the latest investigation into Thelin\u2019s behavior after a formal complaint was filed March 31 by administrative assistant Thea Ledendecker, who has since resigned her position. Thelin was chair of the English Department at the time of the complaint. He resigned as chair after it was filed, saying at the time that he didn\u2019t \u201cfeel the department can operate effectively any longer with me at the helm.\u201d He has continued to teach. Ledendecker, whose husband, Eric Wasserman, is an English professor and had joined the English department staff in 2009, declined to comment for this story. Her wide-ranging accusations included him creating an uncomfortable workplace for women, ogling female students, using a female student\u2019s scissors to cut his pubic hair and then handing the scissors back to the student, making off-color remarks and asking a student out for a drink. The investigator noted that many people have dismissed Thelin\u2019s behavior over the years by saying, \u201cThat\u2019s just Bill.\u201d Thelin fired back, according to the report, and accused Ledendecker of being bitter and wanting to retaliate against him after he talked to her about poor work habits. But several students, whose names are redacted in the reports, and colleagues who were interviewed during the investigation corroborated some of Ledendecker\u2019s complaints, which also involved how he treated her and other work issues. The investigation also uncovered other potential problems outside the original complaint. The 23-page report, filed by Office Director Bonita Prewitt, details a female student\u2019s accusations of Thelin taking her home and making an \u201cunwanted physical advance.\u201d Unwanted advance 2/22/25, 5:13 University of Akron professor who violated sexual harassment policy allowed to continue teaching 3/5 The two had been playing poker and drinking with other students at Max McQ\u2019s Sports Bar & Grille in Akron\u2019s Merriman Valley in February. At the end of the night, she realized she was not sober enough to drive home. Thelin insisted that he take her to his home so he could make coffee, the report says. \u201cHe told her to not be afraid and he will not rape her,\u201d the report says. \u201cShe is not exactly sure how this sentence was phrased, but she does remember the word \u2018rape\u2019 came out of his mouth.\u201d At his home, he gave her coffee and put on music. \u201cDr. Thelin then, as she recalls, draped his arm around or muscled his arm around her shoulders,\u201d the report says. \u201cShe said she suspected he was trying to turn her around to try to kiss her.\u201d She resisted and told him he crossed the line. \u201cShe said he continued to babble on about consent vs. non-consent,\u201d the report says. \u201cHe said that he thought she was attracted to him.\u201d Nothing happened, and he drove her home. But he also later texted her and the student showed the texts to the investigator, including one that said feel so ashamed of myself am so sorry of the fact that my actions made you cry; fills me with sorrow and regret can only hope you will forgive me. You\u2019re terrific, wonderful person and will never put you in such an awkward position again never meant to hurt you.\u201d Thelin denied the student\u2019s claim that he made a pass at her but told the investigator that he put his hand on her shoulder to console her because she was upset \u201cbecause she felt that guys did not like her.\u201d When asked why he took her to his home instead of calling a cab for her, he said he should have. Drinking The report also contains allegations that Thelin interrupted a class several times and took students to an Akron bar where he encouraged them to drink. 2/22/25, 5:13 University of Akron professor who violated sexual harassment policy allowed to continue teaching 4/5 female student who emailed the investigator said she and another student didn\u2019t partake and were \u201cextremely uncomfortable\u201d with the situation male student complained that he felt the class was wasting time at the bar. \u201cHe felt that Dr. Thelin was overly friendly with the female students. ... The class would make jokes to the female students that they needed to stay away from Dr. Thelin,\u201d the report says. Others made similar complaints about him drinking with students. The report also references other incidents and the 2005 party at his house. One of the students asked to be removed from his class because of his behavior that night. Another female student, who said she knew Thelin and his wife well, wouldn\u2019t confirm nor deny that he kissed her neck. She told a law firm hired by the school to look into the party that \u201canyone else would probably have filed a complaint.\u201d After the investigation into the party, then-English Department Chair Diana Reep warned Thelin to not have students in his office with the door closed, not to touch students and to avoid social contact because of \u201congoing student concerns.\u201d He also was ordered to take another sexual harassment seminar. The latest report also notes that the office looked into race and retaliation complaints filed in 2013 by assistant English professor Wei Zhang, but the allegations couldn\u2019t be substantiated. The conclusion In the end, the Office concluded this yearthat both Thelin and Ledendecker \u201care not credible.\u201d Thelin\u2019s behavior toward Ledendecker and the student assistants was inappropriate, the investigator said, but it didn\u2019t violate the school\u2019s sexual harassment policy. But the investigation uncovered other actions by Thelin that did violate the policy, the officer concluded. Rick Armon can be reached at 330-996-3569 or [email protected]. 2/22/25, 5:13 University of Akron professor who violated sexual harassment policy allowed to continue teaching 5/5", "7619_102.pdf": "University of Akron finds no fault with professors who complained about colleague who violated sexual harassment policy Staff Writer Akron Beacon Journal Published 11:00 a.m Dec. 8, 2015 University of Akron investigation has found that an English professor who violated the school\u2019s sexual harassment policy wasn\u2019t a victim himself as he claimed. Professor William Thelin had filed a harassment complaint against 13 of his colleagues last month. But a 19-page report, released Monday by the university\u2019s Equal Employment Opportunity (EEO) office, says there was no harassment and instructed both sides \u201cnot to engage in any retaliatory conduct.\u201d When asked to comment on the decision, Thelin, whose behavior was the focus of a story in Sunday\u2019s Akron Beacon Journal, said in an email: \u201cBased on the article you published, you are not in the business of speaking the truth. You redacted from my statement that never had a chance to defend myself. You ignored places in the report that interfered with your narrative. So, no have no comment.\u201d Thirteen tenured English professors wrote a letter to the administration in August questioning why Thelin was allowed to continue teaching after an investigation this year concluded that he violated the school\u2019s sexual harassment policy. The earlier report cited inappropriate behavior with students by Thelin and included an accusation that he took a female student home after a night of drinking and made a pass at her. He also was reprimanded in 2005 for questionable behavior and told not to have any social contact with students. 2/22/25, 5:13 University of Akron finds no fault with professors who complained about colleague who violated sexual harassment policy 1/2 Thelin has denied the allegations. In his complaint, Thelin, who has taught at the school since 2001, said the letter by his colleagues created a hostile work environment. He also cited an email from professor Antonia Forster who said it was an outrage that the entire English department had to undergo sexual harassment re-training because of Thelin\u2019s behavior. \u201cWhen the university has demonstrated that both its training is useless (Bill must have gone; we all had to go) and that it cares not one bit if someone commits acts of sexual harassment repeatedly over more than 10 years, it is an insult and a slap in the face to make us all go again,\u201d she wrote am really appalled.\u201d In a follow-up interview with the investigator, Thelin also complained about colleagues providing \u201cinaccurate/false information\u201d to the Beacon Journal as a way to harass him spokesman Wayne Hill said the school would \u201clet the [latest EEO] report stand for itself.\u201d Rick Armon can be reached at 330-996-3569 or [email protected]. Follow him on Twitter at @armonrickABJ. 2/22/25, 5:13 University of Akron finds no fault with professors who complained about colleague who violated sexual harassment policy 2/2", "7619_103.pdf": "\uf002 \uf26c Watch Now Quick links... By: newsnet5.com staff Posted 9:31 AM, Dec 08, 2015 University of Akron professor will keep his job, despite an investigation that showed he violated the school's sexual harassment policy Prof to keep job after sex harassment violation \uf09a\ue61b\uf0e0 undefined undefined Menu 2/22/25, 5:13 Prof to keep job after sex harassment violation 1/3 According to chief communications officer Wayne Hill, the university received two complaints regarding English professor William Thelin\u2014one in 2005 and one in 2015. An investigation concluded that Thelin did not violate the policy in 2005, however, he did in 2015. According to records released to newsnet5.com, Thelin came under fire in 2005 after he allegedly had inappropriate contact with female graduate students at a party in his house, in which alcohol was served. The dean at the time found that, while Thelin didn't violate policy at that time, he did exercise poor judgment by having a party at his home. This year, an administrative assistant in the department reported that a \"culture of resignation\" had occurred in the office because of Thelin's inappropriate behavior toward female student assistants. Reports show the administrative assistant accused Thelin of looking down females' shirts and making inappropriate remarks in the office. Administrators say that after Thelin violated the policy, he was counseled regarding appropriate behavior and was required to complete additional training regarding sexual harassment. \u201cWe work diligently to ensure that faculty and staff comply with the law and with university policies so that all members of the campus community are able to learn and work without concerns about inappropriate or illegal behavior,\" said Hill. \"We will use this situation to evaluate those efforts and see how we can improve.\u201d Thelin has been employed at the university since 2001. 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E-mail Submit \uf09a \ue61b 2/22/25, 5:13 Prof to keep job after sex harassment violation 3/3", "7619_104.pdf": "All Access + The Plain Dealer online newspaper \u2013 Start today for $1 University of Akron supports professor in face of calls for his removal from classroom Updated: Dec. 07, 2015, 7:34 p.m. \| Published: Dec. 07, 2015, 6:34 p.m. By Karen Farkas, cleveland.com uakron1 The University of Akron is supporting an English professor as his colleagues ask that he step down following sexual harassment allegations. (Karen Farkas, cleveland.com) AKRON, Ohio - The University of Akron continues to support English professor William Thelin in the face of calls by his colleagues to step down because of a sexual harassment complaint spokesman Wayne Hill said Monday that Thelin has complied with all the requirements set by investigators who looked into the complaints, including meeting with administrators and retaking sexual harassment training. Hill said the school also will continue to examine Thelin's professional conduct. An administrative assistant in the English department filed a complaint against Thelin this spring with the university's Equal Employment Opportunity/Affirmative Action Office, claiming his behavior toward female employees and students was inappropriate, according to university documents. The complaint was first reported by the Akron Beacon Journal. Subscribe Investigators determined Thelin's behavior toward the assistant was inappropriate, but they concluded he did not violate the university's sexual harassment policy, according to university documents. But the investigators said Thelin did violate the policy in other incidents involving students who contacted officials during the investigation. \"As a result, Dr. Thelin was counseled by both the Dean of the College of Arts and Sciences and the university's Senior Vice Provost regarding appropriate behavior in keeping with the law and university policies,\" said Hill in an email. \"We work diligently to ensure that faculty and staff comply with the law and with university policies so that all members of the campus community are able to learn and work without concerns about inappropriate or illegal behavior. We will use this situation to evaluate those efforts and see how we can improve.\" In an Aug. 18 letter to Provost William Sherman and Vice Provost Chand Midha, 13 tenured faculty of the English Department wrote they opposed Thelin returning to teaching duties in the fall semester. \"As you know the has recently completed its investigation of Dr. Thelin on charges of sexual harassment,\" they wrote. \"The report concluded that Dr. Thein violated the University of Akron's sexual harassment policy. We are troubled, therefore, that this finding has not so far resulted in his unconditional removal from the classroom, especially since the report also documented a pattern of behavior that spans more than a decade, with prior official reprimands going unheeded.\" Thelin, in a statement to cleveland.com on Monday, said he disputes the \"conclusions of the recent investigation, as was not allowed to defend myself, call witnesses, or even know who was making some of the allegations for the majority of the allegations was only allowed to defend myself against allegations made by [the assistant] and the investigator concluded that her complaints did not rise to the level of sexual harassment.\" Thelin, a tenured professor, has been at since 2001. He earns $92,300 a year and was chair of the department until he stepped down this spring. In the complaint filed this spring, the assistant said students thought Thelin was \"creepy\" and that he made inappropriate and sexual comments. During the investigation, officials were contacted regarding Thelin drinking with students. In one instance, after drinking with students in a bar on Feb. 2, 2015, Thelin drove a female student to his home, where she alleged he tried to kiss her, the report states. \"Dr. Thelin made a choice to not only endanger his own life, by driving after consuming several alcoholic beverages ... but he put the student's life in danger,\" said the report sent to the parties in June by Bonita Prewitt director. \"Parents trust the University of Akron administrators to protect their children while they are away at college.\" The report on the assistant's complaint included information regarding a November, 2005 external investigation of Thelin requested by university officials regarding allegations of misconduct by the professor at an August party at his home. Two female graduate students told officials that Thelin had inappropriately touched them, according to the report. But neither woman filed a formal complaint, documents state. \"The investigation concerning allegations from 2005 said unequivocally that sexual harassment did not take place,\" Thelin wrote Monday. \"My wife and daughter were at the barbecue. It was not alcohol-fueled did not touch anyone inappropriately 11 indicted on felony charges involving $400K vandalism at Case Western Feb. 19, 2025, 10:07 a.m. Northeast Ohio Catholic school embroiled in controversy Feb. 18, 2025, 7:37 a.m. Then-Dean Ronald Levant wrote in a January 2006 letter to Thelin that \"It does not appear that a substantial likelihood of sexual harassment took place. \"However think you exercised poor judgment in having a party at your house in which you served alcohol to University of Akron graduate students,\" Levant wrote. \"Your actions and conduct, given your position of authority of these students, created, in my judgment, an appearance that was not appropriate spokesman Hill confirmed Thelin has filed a Title discrimination complaint against his colleagues in the English Department, but would not comment since it is ongoing. If you purchase a product or register for an account through a link on our site, we may receive compensation. 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7,327	Abraham P. Ordover	Abraham P. Ordover	[ "7327_101.pdf", "7327_102.pdf", "7327_103.pdf", "7327_104.pdf" ]	{"7327_101.pdf": "Hofstra Law Review Hofstra Law Review Volume 3 Issue 2 Article 2 1975 Limitations on the Right to Introduce Evidence Pertaining to the Limitations on the Right to Introduce Evidence Pertaining to the Prior Sexual History of the Complaining Witness in Cases of Prior Sexual History of the Complaining Witness in Cases of Forcible Rape: Reflection of Reality or Denial of Due Process? Forcible Rape: Reflection of Reality or Denial of Due Process? Frederick Eisenbud Follow this and additional works at: Part of the Law Commons Recommended Citation Recommended Citation Eisenbud, Frederick (1975) \"Limitations on the Right to Introduce Evidence Pertaining to the Prior Sexual History of the Complaining Witness in Cases of Forcible Rape: Reflection of Reality or Denial of Due Process?,\" Hofstra Law Review: Vol. 3: Iss. 2, Article 2. Available at: This document is brought to you for free and open access by Scholarship @ Hofstra Law. It has been accepted for inclusion in Hofstra Law Review by an authorized administrator of Scholarship @ Hofstra Law. For more information, please contact [email protected] PROCESS? After considering the prior sexual history of the victim in a rape case, or her prior reputation for unchastity,' [w]ill you-not more readily infer assent in the practiced Messa- lina in loose attire, than in the reserved and virtuous Lucretia? Of course not, say some: a woman has the right to do with her body what she will, and the fact that she assented before has nothing to do with whether she consented today or will consent tomorrow. 2 Yes indeed, say virtually all of the courts in the United States which have considered such evidence.3 * The author gratefully acknowledges the criticism and suggestions of Professor Abraham P. Ordover. 1. People v. Abbott, 19 Wend. 192, 195 (N.Y. 1838). 2. See, e.g., Note, Rape and Rape Laws: Sexism in Society and Law, 61 CAL. L. REv. 919, 939 (1973); Note, The Victim in a Forcible Rape Case Feminist View, 11 Am. mM. L. REv. 335, 345 (1973). 3. See Annot., Admissibility in Rape Cases of Evidence of Previous Unchastity, or Reputation for Unchastity, of Prosecutrix, 140 A.L.R. 364, 380 (1942); 1 \u00a7 62, at 464 (3d ed. 1940) [hereinafter cited as WIGMORE]; Hibey, The Trial of a Rape Case: An Advocate's Analysis of Corroboration, Consent, and Character, 11 Am. CiuM. L. REv. 309, 325 (1973). For some recent reaffirmations of the relevancy of such evidence, see State v. Yowell, 513 S.W.2d 397, 403-04 (Mo. 1974); State v. Jack, 285 So.2d 204, 208 (La. 1973); Wilson v. State, 264 So.2d 828, 830 (Miss. 1972). Courts which have considered the question of whether the character of the complain- ing witness for chastity or unchastity is relevant to the issue of consent in forcible rape cases have answered it in the affirmative on the theory that it is more probable that an \"unchaste\" woman will assent to have intercourse than will a \"virtuous\" woman. See, e.g., Brown v. State, 280 So.2d 177, 179 (Ala. 1973) (\"[A] person of bad moral character is less likely to speak the truth as a witness than one of good moral character, and. ., a woman who is chaste will be less likely to consent to an illicit connection, than one who is unchaste.\"); People v. Eilers, 18 Ill. App.3d 213, 309 N.E.2d 627, 630 (1974) (\"The underly- ing thought with respect to reputation testimony in rape cases is that it is more probable that an unchaste woman would assent than would a virtuous woman . . . The language of some of the earlier cases is a bit stronger. See, e.g., Lee v. State, 132 Tenn. 655, 179 S.W. 145 (1915)(\"[N]o impartial mind can resist the conclusion that a female who had been in the recent habit of illicit intercourse with others will not be so likely to resist as one who is spotless and pure.\"); Titus v. State, 66 Tenn. (7 Baxter) 132, 403 1 Eisenbud: Limitations on the Right to Introduce Evidence Pertaining to the Published by Scholarship @ Hofstra Law, 1975 Hofstra Law Review Sometimes yes, and sometimes no, say a small number of states.4 Not all trials for rape involve the issue of consent. In statu- tory rape cases, for example, the offense is the mere act of inter- course with a woman who is below a specified age, regardless of her consent. This article is limited to the law as it applies to forcible rape, i.e., the act of intercourse with a woman against her will. Two issues will be discussed. The first is whether the prior sexual history of a woman as it relates to people other than the defendant is relevant evidence from which an inference may be drawn as to whether she consented to have intercourse with the defendant. The second is, if such evidence is relevant, may it legitimately be kept out of the trial by the act of a state legisla- ture or otherwise? The issue of consent becomes clearest in the following type of situation meets in a singles bar. They are seen talking, drinking, and dancing together. Around midnight, they leave together and go to B's apartment. Up to this point, their stories mesh claims that, once inside her apartment pulled a knife and threatened to kill her if she did not have intercourse with him admits having intercourse with B, but denies that he pulled a knife, or threatened her in any way. There is no physi- cal evidence of violence. 133-34 (1874)(\"It would be absurd, and shock our sense of truth, for any man [!] to affirm that there was not a much greater probability in favor of the proposition that a common prostitute had yielded her assent to sexual intercourse than in the case of the virgin of uncontaminated purity.\"); People v. Benson, 6 Cal. 221, 223 (1856) (\"[I]t must be ob- vious to all that there would be less probability of resistance upon the part of one already debauched in mind and body, than there would be in the case of a pure and chaste female.\"); Camp v. State, 3 Ga. (3 Kelly) 417, 422 (1847) (\"[W]ho is more likely to consent to the approaches of a man, the unsullied virgin and the revered, loved and virtuous mother of a family, or the lewd and loose prostitute, whose arms are open to the embraces of every coarse brute who has money enough to pay for the privilege. . .? [N]o evil habitude of humanity so depraves the nature, so deadens the moral sense, and obliter- ates the distinction between right and wrong, as common, licentious indulgence. Particu- larly is this true of women, the citadel of whose character is virtue; when that is lost, all is gone; her love of justice, sense of character, and regard for truth. She esteems herself as put to the ban of society, and as incapable of deeper degradation.\"). 4. See, e.g., MicH. CoMP. LAws ANN. \u00a7 750.520 (j)(West's Mich. Leg. Serv., P.A. No. 266 1974); CAL. Evm \u00a7 782 (West's Cal. Leg. Serv. ch. 569 1974 \u00a7 1127 (d) (West's Cal. Leg. Serv., ch. 1093 1974 ANN. ch. 782, New Section (Iowa Leg. Serv., Sen. File 1009 1974). [Vol. 3, 1975] 2 Hofstra Law Review, Vol. 3, Iss. 2 [1975], Art. 2 Prior Sexual History At the trial wishes to show that has met men in singles bars before, and has had intercourse with them, to show that it was not at all unlikely that she would consent to have inter- course with him. He also wishes to cross-examine her as to these prior acts of intercourse. The state is Michigan - the evidence is excluded. It might be possible to dispose of the above fact pattern by saying that there is so little evidence that the district attorney would not even seek an indictment.5 Nevertheless, indictments are brought, and the verdict of the jury will often turn on its resolution of the issue of consent It is impossible to know what percentage of the rapes com- mitted are actually reported, but it is not generally thought to be a large figure.6 Any number of factors may account for this fail- ure: desire to protect reputations; age of the victim; extent of physical injury to the victim; desire not to get involved in lengthy legal proceedings; fear of the offender; desire that husband or parents not know of the rape; the wish to protect the offender where a special relationship may have existed;7 and especially, the feeling that reporting the crime will accomplish nothing be- yond having the victim humiliated by the police before trial and by defense counsel during trial as they pry into the complainant's sexual past to show that she was not raped but rather, was \"ask- ing for it.\"' 5. See generally Note, Prosecutorial Discretion at the Complaint Bureau Level, 3 L. REv. 81 (1975). 6. See M. Ahum 27-28 (1971). 7. Id. at 29. 8. Medea & Thompson, How Much Do You Really Know About Rapists?, Ms., July, 1974, at 113; see Mermey, Rape: Who's on Trial?, JURis DoCTOR, Dec., 1974, at 23; Schmidt, Rape Crisis Centers, Ms., Sept., 1973, at 14; Note, The Victim in a Forcible Rape Case Feminist View, 11 Aze. Cant. L. REv. 335, 347-51 (1973). Often, our notions of the who-what-where-and-when aspects of rape are far removed from reality. Compare Hibey, supra note 3, at 310, with AMmu, supra note 6, at 336-37. Amir conducted a study based on all cases of forcible rape listed by the police in Philadel- phia for the years 1958 and 1960. With the caveat that generalizations should not be made to non-urban areas and to different time spans, id. at 6, the study led him to make, inter alia, the following observations: rape is primarily intraracial (mostly between black men and women); rape frequency is spread out over the year (not just in summer); the victim and rapist knew each other as close neighbors or acquaintances in more than one-third of the cases; offenders and victims often met in the house of one and the rape took place there; alcohol was present in only one-third of the cases; 20 percent of the victims had police records (especially for sexual misconduct); almost three-quarters of the rapes were 3 Eisenbud: Limitations on the Right to Introduce Evidence Pertaining to the Published by Scholarship @ Hofstra Law, 1975 Hofstra Law Review [Vol. 3, 1975] Technically, proof of unchastity is not a defense to the crime of forcible rape.9 As Blackstone stated in the eighteenth century, the law 0 holds it to be felony to force even a concubine or harlot, because the woman may have forsaken that unlawful course of life. While the only issue in a forcible rape case other than the fact of intercourse should be whether the intercourse was consensual,\" at least one major study of the American jury concluded that:'\" The jury. . . does not limit itself to this one issue; it goes on to weigh the woman's conduct in the prior history of the affair. It closely, and often harshly, scrutinizes the female complainant and is moved to be lenient with the defendant whenever there are suggestions of contributory behavior on her part. It is this that outrages women and leads them to conclude that it is a waste of time to prefer charges against rapists. Rather than the assailant being on trial, the victim becomes the defen- dant, made to feel that somehow the rape was entirely her fault.'3 This has motivated one commentator to suggest:' 4 Attempts to introduce evidence of unchastity into rape trials should be rejected altogether. The relationship between a woman's chastity and whether or not she has been raped is planned; over 50 percent of victims failed to resist attackers in any way; 43 percent were multiple rape cases. Id. at 336-37. 9. See, e.g., Humphreys v. State, 227 Md. 115, 175 A.2d 777, 780 (1961); State v. Dipietrantonio, 152 Me. 41, 122 A.2d 414, 418 (1956); Nickels v. State, 106 So. 479, 489 (Fla. 1925)(\"The general rule is that, in prosecutions for rape, evidence of the prior un- chastity of the prosecutrix, as a substantive defense, is not admissible, for rape may be committed upon a woman previously unchaste as well as upon any other female.\" The court went on to say, however, that such evidence was admissible as \"bearing upon the probability of her consent . . . .\" Id.). 10. 4 213. 11. For a discussion of how far a defendant may excuse himself by showing that his victim made no opposition where it appears that the victim was laboring under a mistake or was deceived, see Puttkammer, Consent in Rape, 19 Nw. (U. ILL.) L. REV. 410 (1925). 12. H. KALvEN Juiy 249 (1966). The authors of the study found that in 12 percent of the cases of \"aggravated rape\" (defined to include those rapes in which there was extrinsic violence, multiple assailants, or defendants and victims who were complete strangers), juries acquitted where a judge would have convicted. Astound- ingly, in cases of \"simple rape\" (defined to include all rape cases other than those catego- rized as aggrevated rape), this figure rose to 60 percent! Id. at 252-53. 13. See Landau, The Victim as Defendant, TRIAL, July/August, 1974; Medea & Thompson, supra note 8, at 113. 14. Note, Rape and Rape Laws: Sexism in Society and Law, 61 CAL. L. Rxv. 919, 939 (1973). 4 Hofstra Law Review, Vol. 3, Iss. 2 [1975], Art. 2 Prior Sexual History simply too attenuated to warrant consideration as relevant evi- dence. Rape victims and prosecutors must feel frustrated to the point of despair when a man, against whom there seemingly was an airtight case, is either found not guilty by a jury, or is con- victed of a lesser included offense. This is especially so when the only possible explanation for the result is that the jurors dis- counted the defendant's act because of how they perceived the character of the defendant's victim. 1 5 Presumably to encourage rape victims to come forward, and to avoid prejudicing jurors against rape victims to the detriment of the state's case, Michigan has recently enacted legislation which limits the admissibility of evidence at trial that pertains to a rape victim's prior sexual history.\" Only evidence of the complaining witness' prior sexual conduct with the accused or, if it is necessary to prove the source or origin of semen, pregnancy, or disease, evidence of prior sexual conduct with others, is admis- sible. All other \"[e]vidence of specific instances of the victim's sexual conduct, opinion evidence of the victim's sexual conduct, and reputation evidence of the victim's sexual conduct\" is inad- missible.' 7 The desire to keep from the jury evidence of the victim's prior sexual history is understandable. Nevertheless, to rule all or most such evidence inadmissible by legislative fiat flies in the face of a long and virtually undivided history of court decisions allowing in such evidence.'\" It is the thesis of this paper that, unless propo- nents of Michigan's statute, and others like it, are able to prove-not merely assert 19-that the evidence the statutes bar is not relevant to the issue of whether the complaining witness con- 15. See KALvEN & ZEISEL, supra note 12, at 250-51. 16. MICH. Comp ANN. \u00a7 750.520(j)(West's Mich. Leg. Serv., P.A. No. 266 1974). 17. Id. 18. See note 3 supra. 19. In light of virtually unanimous court opinion that evidence of character for chas- tity or unchastity is relevant to the issue of consent in forcible rape cases, see note 3 supra, stare decisis should compel those people who wish to convince the courts otherwise to do more than simply assert that such evidence is not relevant. It is conceded that \"[tihe rule of stare decisis, though one tending to consistency and uniformity of decision, is not inflexible. Whether it shall be followed or departed from is a question entirely within the discretion of the court, which is again called upon to consider a question once decided.\" Hertz v. Woodman, 218 U.S. 205, 212 (1910). Uniformity for its own sake is not a justifica- tion for the continuance of an established rule, especially if proponents of change can demonstrate that adherence to the past is no longer wise. This implies, however, that at least some burden of proof rests on those who seek change. 5 Eisenbud: Limitations on the Right to Introduce Evidence Pertaining to the Published by Scholarship @ Hofstra Law, 1975 Hofstra Law Review sented to have intercourse with her alleged assailant, the statutes will be found to be unconstitutional. This is so because, by ex- cluding evidence that is relevant to their defense, the statutes deny defendants the right to confront witnesses against them, and to compel witnesses in their behalf To be admissible, evidence must first be shown to be ma- terial, i.e., it must be offered as being probative of some matter that is at issue at the trial.2' Materiality must be distinguished from relevancy, which is the tendency of the evidence to establish that issue. 22 If Fact is offered in evidence for the purpose of proving the existence of ultimate Fact B, but Fact is not in issue in the case, Fact will be excluded, not because it does not tend to prove Fact B, but because Fact is not before the court for determination.? It was noted earlier that the fact of the complainant's lack of chastity is not available to the defendant as an affirmative defense.4 If her prior sexual history is offered into evidence for the sole purpose of proving that she was not chaste at the time of the alleged forcible rape, it would be properly excluded as immater- ial. It is not introduced for this purpose alone, however. The evidence is offered as being probative of the issue of whether the complaining witness consented to have intercourse with the defendant. Forcible rape is typically defined as sexual intercourse that is induced by forcible compulsion.2 5 As the prose- cution must prove beyond a reasonable doubt that the intercourse was induced by forcible compulsion, evidence that is offered for 20. U.S. CONST. amend states: In all criminal prosecutions, the accused shall enjoy the right ... to be con- fronted with the Witnesses against him [and] to have compulsory process for obtaining witnesses in his favor .... 21 \u00a7 185, at 434 (2d ed. 1972) [hereinafter cited as McCORMICK]. 22. Id. at 435. 23. Trautman, Logical or Legal Relevancy Conflict in Theory, 5 VAND. L. REV. 385, 386 (1952). 24. See notes 9-10 supra and accompanying text. 25. See, e.g LAw \u00a7 130.35(1)(McKinney 1967); MICH. COMP. LAws ANN. \u00a7 750.520 d(1)(b) (West's Mich. Leg. Serv., P.A. No. 266 1974). The Michigan statute, unlike New York's, is neutral on its face as to gender, employing only the terms \"person\" or \"actor\" throughout. [Vol. 3, 1975] 6 Hofstra Law Review, Vol. 3, Iss. 2 [1975], Art. 2 Prior Sexual History the purpose of raising the inference that the act was either forced or consensual is clearly material. 26 More specifically, evidence of the complaining witness' prior sexual history is deemed to be circumstantial evidence from which, courts sometimes state, her \"character\" for chastity or unchastity may be inferred. 2 As \"character\" implies a somewhat permanent attribute of a person, however, it is suggested that it is more accurate to say that the evidence is admitted to show the complaining witness' propensity to have consensual sexual inter- course, or more simply, propensity to have intercourse. s Once her propensity to have consensual sexual intercourse is demon- strated, it is-itself considered to be circumstantial evidence from which inferences may be drawn 29 as to the probability that she consented to have intercourse with the defendant.\" By definition, the complainant's propensity to consent to intercourse will have at least some tendency to make it more or less probable that she consented to have intercourse with the alleged rapist. Therefore, the question which must be answered is whether her prior sexual 26. See, e.g., People v. Stephens, 18 Ill. App.3d 971, 310 N.E.2d 824, 830-31 (1974). 27. See, e.g., Johnson v. State, 232 Md. 199, 192 A.2d 506, 510 (1963); Stone v. State, 11 So.2d 386, 388 (Ala. 1943). 28. \"Character\" may be defined as \"[tihe aggregate of the moral qualities which belong to and distinguish an individual person; the general result of. . .one's distinguish- ing attributes.\" BLACK's LAw DicTioNARY 294 (rev. 4th ed. 1968); see also \u00a7 52, at 448. Implicit in this definition is the notion that one's character remains relatively constant. Because character is deemed to be somewhat unchanging, it is felt that predic- tions of behavior based on the knowledge of that character may be made. See Gregg, Other Acts of Sexual Misbehavior and Perversion as Evidence in Prosecutions for Sexual Offenses, 6 Amiz. L. REv. 212, 216 (1965). Evidence of the complainant's character for chastity or unchastity is introduced to aid the trier of facts' attempt to resolve the issue of consent. To be of help, the complain- ant's character for chastity or unchastity must convey information about the likelihood that she will consent to have sexual intercourse on any given occasion. As \"character\" is a trait of a person that is thought to be fairly constant over time, the use of this term in a discussion concerning the likelihood that a person will consent to intercourse is mislead- ing. The likelihood that a person will consent to have intercourse is dependent on the quality and quantity of experience preceding the moment of decision. See note 41 infra and accompanying text. At some point in a person's life, subsequent sexual experience might be quantitatively and qualitatively insignificant in terms of its impact on the person's attitude toward sex. At that point, the person's \"character\" for chastity or un- chastity might become a meaningful concept. But if it is true, as' Amir found, that two- thirds of the victims of rape are between the ages often and twenty-nine, AMm, supra note 6, at 52 table 8, a search for their \"character\" for chastity or unchastity, insofar as that term implies a permanent attribute, will be in vain. 29. For a thorough discrediting of the idea that it is impermissible to make an \"infer- ence upon an inference,\" see \u00a7 41. 30. See \u00a7\u00a7 62, 200; MCCOlMICK \u00a7 186. 7 Eisenbud: Limitations on the Right to Introduce Evidence Pertaining to the Published by Scholarship @ Hofstra Law, 1975 Hofstra Law Review history in fact is probative of her propensity to consent to inter- course. This issue must be distinguished from the separate matter of determining the proper method of proof employed to demonstrate the complainant's propensity.3 1 The majority position as to the proper method of proof is that only evidence of the complainant's general reputation in the community as it relates to her propens- ity to have intercourse, and of specific prior acts of intercourse with the defendant, is admissible.32 Evidence of prior specific acts of intercourse with men other than the defendant is excluded.33 Typically, three reasons are given for excluding evidence of prior specific acts. First, while the prosecutrix comes to trial ready and expecting to defend her general reputation, and to be asked about her prior relationship, if one existed, with the defen- dant, she can not anticipate specific charges of acts \"by men who perhaps have been suborned to testify that they have had such connection with her, so as to secure the acquittal for the ac- cused.\" Second, the fact that the prosecutrix consented to have intercourse with one man does not imply that she assented in the case of another.35 And third, it is argued that the inclusion of specific acts evidence will raise collateral matters,36 such as the right to introduce rebuttal evidence, which will needlessly con- fuse the trial. Proponents of specific acts evidence37 meet these arguments 31. See \u00a7\u00a7 52-53 \u00a7 186. 32. See, e.g., State v. Bird, 302 So.2d 589 (La. 1974); State v. Yowell, 513 S.W,2d 397 (Mo. 1974); Crawford v. State, 492 S.W.2d 900 (Ark. 1973); State v. Broussard, 217 La. 90, 46 So.2d 48, 50 (1950 \u00a7 200, at 684. For a collection of earlier cases, see Annot., 140 A.L.R. 364 (1942). Note, however, that if the prosecution in these jurisdictions seeks to introduce evidence of the prosecuting witness' chastity prior to the act of inter- course in dispute at the trial, the defense may impeach her testimony by introducing evidence of specific prior consensual acts of intercourse with men other than the defen- dant. See, e.g., Commonwealth v. McKay, - Mass. -, 294 N.E.2d 213, 218 n.4 (1973). 33. \"No question of evidence has been more controverted. The Relevancy of the fact is seldom doubted, but the arguments of Unfair Surprise, Undue Prejudice, and Confusion of Issues . . . are thought to form serious objections \u00a7 200, at 682. 34. State v. Ogden, 65 P. 449, 454 (Ore. 1901); see State v. Grundler, 251 N.C. 177, 111 S.E.2d 1 (1959); Teague v. State, 208 Ga. 459, 67 S.E.2d 467 (1951). 35. See, e.g., Lynn v. State, 231 Ga. 559, 203 S.E.2d 221, 222 (1974). The courts which rely on this rationale do admit, however, evidence of the complainant's reputation in the community for propensity to have intercourse. 36. State v. Grundler, 251 N.C. 177, 111 S.E.2d 1 (1959); Stone v. State, 11 So,2d 386, 388 (Ala. 1943 \u00a7 200, at 682-83. 37. One of the better known of the early American cases to support the introduction of specific prior acts evidence is People v. Abbott, 19 Wend. 192 (N.Y. 1838)(\"It is most [Vol. 3, 1975] 8 Hofstra Law Review, Vol. 3, Iss. 2 [1975], Art. 2 Prior Sexual History in a number of ways. If the prosecutrix finds that she is not prepared to meet evidence of her prior sexual relations with men other than the defendant, but is able to show that she can if given more time, the problem of surprise may be remedied by the grant- ing of a continuance.\" Further, suborning perjury is a problem in all trials, and short of this, it is unlikely that impartial witnesses will be selected to testify about the complainant's reputation in the community.39 As to the fear that specific acts evidence will raise collateral matters that will needlessly confuse the trial, the fact that there are presently states which permit the introduction of such evidence is at least some indication that this problem is not insurmountable. Further, assuming arguendo that control of such collateral matters is a serious problem, due to the import- ance of specific acts evidence to the defendant and the fact, as will be shown, that general reputation evidence is usually going to be of little value to him, it is one which the courts must re- solve.40 If evidence is being offered to prove the complainant's pro- pensity to have consensual sexual intercourse, it is difficult to see the value of her general reputation in the community for this trait. It is suggested that propensity to have consensual sexual intercourse is a function of both the quantity and quality of prior sexual experience. 4 As such, it is a characteristic that is con- strange that a reputation of a want of chastity should be prefered in evidence to direct proof.\" Id. at 197.). See, e.g., Guy v. State, 1 Tenn. Cr. 373, 443 S.W.2d 520, 522 (1969); Sanders v. Commonwealth, 269 S.W.2d 208, 210 (Ky. 1954). See also Annot., 140 A.L.R. 364, 386-89 (1942), for a collection of earlier cases. 38. See B. CARDoZO 156 (1928), as cited in \u00a7 200, at 683. 39. See McCoRNcK \u00a7 44, at 91. 40. See notes 88-90 infra and accompanying text. 41. The quantity factor is self-explanatory. The term \"quality\" is used broadly to include all of the myriad factors which distinguish sexual experiences. It would include, for example, the number of different sexual partners one has had. Thus a woman who has had numerous acts of intercourse with many different men would have a greater propens- ity to consent to intercourse than would a woman who has had sexual intercourse on an equal number of occasions but with only one man - unless, of course, that man is the alleged rapist. The quality factor might also include the physical type of sexual partner the com- plainant has had in the past. Thus a woman who has had intercourse with a substantial number of different men would not necessarily have a high propensity to consent to intercourse with the alleged rapist if he were, for example, short, dark and stocky and all her prior sexual partners were tall, fair and lean. See also note 55 and accompanying text and note 64 infra. Which of these two factors will be more important will depend on the actual prior sexual history of the complaining witness. Regardless of the strategy employed, however, 9 Eisenbud: Limitations on the Right to Introduce Evidence Pertaining to the Published by Scholarship @ Hofstra Law, 1975 Hofstra Law Review stantly subject to change. Americans are becoming increasingly mobile; it is questionable whether most people stay in a com- munity long enough to develop a reputation for anything. This is especially true, as Professor McCormick points out, \"in modern, impersonal urban centers\" where reputation \"is often evanescent, fragile, or actually nonexistent.\"4 Further, if a woman is at all discreet about her sexual behavior, her reputation in the com- munity, if she has one at all, will have nothing at all to do with her actual propensity to have consensual sexual intercourse. If the complainant's propensity to have intercourse is depen- dant on the quality and quantity of her prior sexual experience, it must be concluded that specific prior acts evidence, obtained both by putting questions to the complainant and by the presen- tation of witnesses, is a far more reliable means of proving this trait than is evidence of her general reputation in the com- munity. 3 Of course, the method of proving the prosecutrix' propensity to have intercourse only becomes important when, as noted, it is first established that the evidence to be offered is in fact proba- tive of that trait. If it is not, then evidence of the complainant's prior sexual behavior, regardless of the form it takes, will be properly excluded INTERCOURSE? The Federal Rules of Evidence define relevant evidence to be that which has\" any tendency to make the existence of any fact that is of conse- quence to the determination of the action more probable or less probable than it would be without the evidence.\" one thing is clear: the decision will be made at the expense of the complaining witness who must have her private life publicly explored. Unless some superseding intervening factor exists, however, which will render her sexual history prior to that event irrelevant, see notes 54-55 and accompanying text, and note 64 infra, there may be no remedy for this. See notes 68-90 infra and accompanying text. 42 \u00a7 44, at 91. See also \u00a7 1616, at 591 (Chadbourn rev. 1974). 43. This issue conceivably has constitutional dimensions. See notes 87-90 infra and accompanying text. 44. FED. R. Evm. 401 (1975)(emphasis added). 45. Federal Rule 401 reflects what Professor Trautman calls \"logical relevancy,\" Trautman, supra note 23, and rejects the \"legal relevancy\" concept supported by Dean Wigmore, WiGMOR \u00a7 28. [Vol. 3, 1975] 10 Hofstra Law Review, Vol. 3, Iss. 2 [1975], Art. 2 Prior Sexual History Thus the question which must be resolved is whether the com- plainant's prior sexual history in fact has any tendency to prove her propensity to consent to intercourse.\" How is the actual determination of relevance to be made? Professor McCormick suggests that47 [t]he answer must filter through the judge's experience, his judgment, and his knowledge of human conduct and motiva- tion. Or, as one court has noted:\" [Tihe rules of evidence are founded in the philosophy of na- ture, in the truths of history, and the experiences of common life. The problem, of course, is that reasonable people may differ as to what history's \"truths\" are, and what experiences, if any, are common to a highly differentiated society, and thus, as to what is relevant. One argument which might be made for ruling evidence of Professor Trautman takes the position that, once a fact is shown to be logically probative of a matter at issue in a trial, it should be admitted \"unless a clear ground of policy or law excludes it.\" Trautman, supra note 23, at 388, citing 530 (1898). Thus \"it is enough if Fact 'may tend, even in a slight degree, .. though remotely' to prove Fact B.\" Id. at 391, quoting Stevenson v. Stewart, 11 Pa. 307 (1849). Dean Wigmore, on the other hand, suggests that the \"required probative value is somewhat higher than it need otherwise have been, because the purpose is to select only such material as is worth laying before the jury \u00a7 29, at 412. For a further description of Dean Wigmore's position, and criticism of it, see Trautman, supra note 23, at 388-92. Regardless of the position one adopts, the controversy is academic in the context of this article: virtually every court to have considered the question of whether evidence of the complaining witness' propensity to consent is relevant to the issue of consent has concluded that it is relevant. See note 3 supra. Thus even if these courts were applying legal rather than logical principles to determine the admissibility of the evidence, they must have concluded that it had that \"higher degree of probative value[necessary] for all evidence to be submitted to a jury \u00a7 28, at 409. 46. While the Supreme Court has never directly considered this question, it is inter- esting to note that, in Giles v. Maryland, 386 U.S. 66 (1967), although ample opportunity existed for one of the justices who was so inclined to doubt its relevancy, none chose to do so. In Giles, the Court vacated a rape conviction of two brothers on three separate grounds, none of which commanded a majority. Four justices dissented. Each of the four opinions filed made passing reference to the fact that Maryland admitted evidence to prove character for chastity or unchastity on the issue of consent, and none of the justices expressed any disapproval of the practice. Id. at 75 n.6, 76, 83-84, 96, 98-99, 112. 47. McCoRNiCK \u00a7 185, at 438. 48. State v. Kittle, 85 W.Va. 116, 101 S.E. 70, 71 (1919)(The court attibutes the remark to Greenleaf). 11 Eisenbud: Limitations on the Right to Introduce Evidence Pertaining to the Published by Scholarship @ Hofstra Law, 1975 Hofstra Law Review the complainant's propensity to have intercourse irrelevant is that the various courts' assumptions of relevancy are based on an antiquated, Victorian concept of women that bears no relation to the reality of today. In nineteenth century America, when society considered premarital sex by women to be an abomination,\" a woman who was willing to suffer the condemnation of society by having sexual encounters prior to marriage (or by having lovers while married) really might have been someone who was more likely than a virgin to consent to have intercourse on any given occasion. Today, the argument might continue, women realize that they are free to control their own bodies and to consent or not consent to sexual relations as they please. Each decision that is made is discrete and unaffected by past behavior. For women today, what they have done in the past has no bearing whatsoever on their future decisions. The argument employed to reach the conclusion that evi- dence of a complainant's propensity to have intercourse was rele- vant in the nineteenth century to prove that trait essentially fits the following model: (1) society expects people to behave in a certain way; (2) there is a great deal of pressure placed on people to conform to that behavior; (3) thus one who is willing to act contrary to that expected behavior despite the pressure to con- form is more likely to act in such nonconforming fashion than is one who normally adheres to the societal norm. This same model may be used to demonstrate that the complaining witness' pro- pensity to have consensual sexual intercourse, as evidenced by her prior sexual history, is still relevant to the issue of consent today study of sexual behavior in America, conducted in 1973, revealed that nearly three-quarters of single women between the ages of eighteen and twenty-four have had intercourse\"0 (as com- pared to a finding of one out of three by Kinsey in 19531'). The societal norm today is for young women to have sexual encounters before they are married. If, despite peer pressure to conform to 49. See note 3 supra for examples of nineteenth and early twentieth century judicial attitudes toward \"unchaste\" women. 50. M. HuNT 1970s 149 (1974). The survey was conducted by the Research Guild, Inc., an independent market-survey and behavioral-research or- ganization. Their sample, collected in 24 cities, included 982 men and 1044 women over the age of seventeen; was 90 percent white and 10 percent black; 71 percent were married, 25 percent never married and 4 percent previously married and not remarried. Id. at 16. 51 585 (1953). [Vol. 3, 1975] 12 Hofstra Law Review, Vol. 3, Iss. 2 [1975], Art. 2 Prior Sexual History this norm, a woman chooses, for whatever reason, to remain a virgin, it is not unreasonable to infer that on any randomly se- lected occasion, she will be less likely to consent to intercourse than will a woman who is no longer a virgin. The inference to be drawn from such evidence will not be made in a vacuum. The jurors will determine the weight to give this information by view- ing it in the context of everything they know about the events leading up to the alleged rape.2 Regardless of the value judgment made by society about pre- marital or extramarital sexual behavior, its characterization will not alter the fact that people who engage in a certain type of behavior are more likely to engage in that behavior at any ran- domly selected moment than are people who have never engaged in that behavior before. This does not mean that the only inquiry that should be made is whether the complainant was a virgin or a nonvirgin at the time of the alleged rape. If propensity to have consensual sexual intercourse is a function of both the quality and quantity of prior sexual experience,53 then it cannot be a constant among women who are no longer virgins. Compare, for example, the woman who has only had intercourse with men she has dated for several months or more, with the woman who is willing to have intercourse with whomever interests her, regardless of how long she has known him. While the former woman would probably have a higher propensity to consent to have intercourse with the man she had been dating for a number of months than would the other woman, she would likely be less willing than the latter to consent to have intercourse with someone other than that man on any randomly selected occasion. In a trial where the complaining witness and the defendant are at variance on the issue of consent, knowledge of the complainant's prior sexual history may well provide some indication of the likelihood that she would consent to have intercourse on any given occasion, and will therefore aid the trier of facts' attempt to render more or less credible the stories the complainant and the defendant are telling at the trial as to the issue of consent. It does not necessarily follow from this discussion that the complainant's entire sexual history is relevant to the issue of 52. See Davis v. Alaska, 415 U.S. 308, 317 (1974), quoted in text accompanying note 87 infra. 53. See note 41 supra and accompanying text. 13 Eisenbud: Limitations on the Right to Introduce Evidence Pertaining to the Published by Scholarship @ Hofstra Law, 1975 Hofstra Law Review [Vol. 3, 1975] consent. As one's propensity to consent to intercourse constantly changes as variations in the quantity and quality of the person's prior sexual experience take place, 4 intervening superseding fac- tors, to analogize to the law of torts, may render sexual experience prior to a certain event irrelevant. For example, a woman who has had numerous sexual encounters with many different men prior to her marriage may choose thereafter to only have sexual rela- tions with her husband. Assuming that defense counsel cannot disprove the fact of her marital fidelity, her marriage and subse- quent change in behavior should sever the probative link between her sexual history prior to marriage and her propensity to consent to intercourse at the time of the alleged rape. Likewise, her prior sexual history may involve circumstances so dissimilar to that of the alleged rape that it will not be probative of consent at all.5 It is suggested that a hearing prior to trial might be held to explore the possibility of limiting the introduction of evidence pertaining to the complainant's prior sexual history. If the complainant really was raped, her prior sexual history admittedly would be of no importance - it would not change the fact that she was raped. If we could always be certain of events, we would not need trials. But we cannot, and as long as the possibility exists that the complainant is not telling the truth,\" 54. Id. 55. See note 64 infra. Query whether evidence that tends to show a propensity of the complainant to consent to intercourse only with her husband makes the evidence irrele. vant as to her propensity to consent with the defendant. It might be argued that such evidence should only be admissible if introduced by the prosecution to demonstrate a lack of consent, and any attempt by the defendant to affirmatively use such evidence should be barred. It is not necessary for the purposes of this article to resolve this question. The point is, the discretion which judges presently have to determine the relevance of evidence in general must not and cannot be limited. See text accompanying notes 59-67 infra. 56. See J. MAcDoNALD, PSYcHATRY CRmNAL LAw 239 (2d ed. 1969) (18-20 percent of rape complaints are unfounded). Dean Wigmore is anything but neutral on this subject. For example, while he states that, in most cases, evidence of \"bad character\" for chastity should not be admitted to evidence a lack of veracity, WIoMORE \u00a7 924 (Chadbourn rev. 1970), he goes on to say that an exception should be made in cases where a woman or young girl testifies as a complain- ant against a man charged with a sexual crime. Id. \u00a7 924a, at 736. Accord, Lee v. State, 132 Tenn. 655, 179 S.W. 145, 146 (1915); Garrard v. State, 113 Ark. 598, 167 S.W. 485, 486 (1914). Contra, State v. Simmons, 59 Wash. 2d 381, 368 P.2d 378 (1962). He also takes the position that: No judge should ever let a sex offense charge go to the jury unless the female complainant's social history and mental makeup have been examined and testi- fled to by a qualified physician \u00a7 924a, at 737 (Chadbourn rev. 1970). See Ballard v. Superior Court, 64 Cal.2d 159, 410 P.2d 838, 49 Cal. Rptr. 302 (1966)(rejecting the inflexible rule suggested by 14 Hofstra Law Review, Vol. 3, Iss. 2 [1975], Art. 2 Prior Sexual History the defendant must be allowed to elicit evidence that is probative of his defense. Knowledge of the complaining witness' prior sexual history increases the trier of facts' predictive ability to determine what her propensity to consent to intercourse was at the time of the alleged rape, and from this whether a key event at issue in the trial in fact happened: whether or not the complainant consented to have intercourse with the defendant. The weight to be given the evidence will depend on the actual facts leading up to the alleged rape. But regardless of the weight to be given the evidence of her prior sexual history, it is material evidence, and in many cases, relevant\" to the issue of consent. It remains to be seen whether relevant evidence may nevertheless be excluded from trial by reason of law or policy.5 COURTS? Michigan has passed a law excluding from trial most of the evidence of the alleged rape victim's prior sexual history.59 By so doing, the intent of the legislature apparently was to make its own determination of the relevancy of such evidence. It is sug- gested that a legislature may not determine relevancy directly, but only indirectly by defining the crime of rape, and the defenses applicable to it. At trial, it is the function of the court to first determine whether a piece of evidence is being offered to prove either an element of the crime charged or the existence of a de- fense to it (materiality)0 and then whether the evidence is proba- tive of that issue (relevancy).\", For example, when intercourse with a woman who is below a specified age is deemed by the legislature to be rape, regardless Wigmore but giving the judge the discretion to make such an order if the defendant can make a compelling argument for doing so); People v. Russel, 69 Cal.2d 187, 443 P.2d 794, 70 Cal. Rptr. 210, cert. denied, 393 U.S. 864 (1968)(establishing criteria for admissibility of psychiatric testimony obtained by a Ballard examination); Note, 45 N.C.L. REV. 234 (1966); Comment, Forcible and Statutory Rape: An Exploration of the Operation and Objectives of the Consent Standard, 62 L.J. 55, 69 & nn. 103-04 (1952). Contra, Note, The Victim in a Forcible Rape Case Feminist View, 11 Aai. Cami. L. REv. 335, 336-38 and accompanying footnotes (1973). 57. For possible exceptions, see note 55 supra and accompanying text and note 64 infra. 58. See Trautman, supra note 23, at 388. 59. See notes 16-17 supra and accompanying text. 60. See notes 21-25 supra and accompanying text. 61. See notes 44-46 supra and accompanying text. 15 Eisenbud: Limitations on the Right to Introduce Evidence Pertaining to the Published by Scholarship @ Hofstra Law, 1975 Hofstra Law Review [Vol. 3, 1975] of whether the woman consents,12 courts generally hold that evi- dence of prior acts of unchastity or reputation for the same are immaterial.63 By defining the crime so as to preclude the defense of consent, the legislature has directly limited the right of the court to find evidence of the prosecutrix' prior sexual history material,\" and by so doing, has indirectly limited the court's right to rule on the relevancy of such evidence. 62. See, e.g \u00a7 130.35(3) (McKinney 1967 male is guilty of rape in the first degree when he engages in sexual intercourse with a female: (3) Who is less than eleven years old. 63. See, e.g., State v. Henderson, 153 Me. 364, 139 A.2d 515, 517-18 (Sup. Jud. Ct. 1958); State v. Hilberg, 22 Utah 27, 61 P. 215 (1900). But see DeLawder v. Warden, 328 A.2d 76 (Md. Ct. Spec. App. 1974), where the court remanded the case, a conviction for statutory rape, to see whether keeping out evidence of past sexual acts might have violated the defendant's right of cross-examination in light of Davis v. Alaska, 415 U.S. 308 (1974). For a discussion of Davis, see notes 74-82 infra and accompanying text. See also United States ex rel Conyers v. Rundle, 300 F. Supp. 422 (E.D. Pa. 1969), aff'd, 426 F.2d 310 (3d Cir. 1970), where the court held that, although charged with statutory rape, when proof of bad reputation and carnal knowledge with consent will result in an acquital of the charge of rape and a conviction for the lesser offense of fornication, a defendant must be permitted to introduce evidence of the complaining witness' bad reputation. 64. Courts generally also exclude such evidence when the defendant charged with forcible rape either raises an alibi defense, see, e.g., Esquivel v. State, 506 S.W.2d 613 (Tex. Ct. Crim. App 1974), or admits his presence at the time in question but denies having had intercourse, see, e.g., State v. Sims, 30 Utah 2d 357, 517 P.2d 1315 (1974). At least one state's highest court has held, however, that a defendant charged with forcible rape may introduce general reputation evidence even when he does not place consent directly in issue: Though an accused might deny intercourse, defend on the ground of mistaken identity, or plead an alibi, still he would be entitled to show general reputation for lewdness, as the jury might still disbelieve his defense, yet they must find that the act was without consent. Teague v. State, 208 Ga. 459, 67 S.E.2d 467, 472 (1951). As the burden is on the state to prove all of the elements of the crime, and one of those elements is that the act of intercourse must have been committed by forcible compulsion, the holding in Teague seems correct. That this is so becomes clearer when the defendant exercises his right to remain silent, thus placing the burden of proof squarely on the state. Such a defendant does not waive his right to cross-examine the complaining witness as to her propensity to consent to sexual intercourse. Teague suggests an interesting tactical problem. When the defense raised is alibi, and defense counsel cross-examines the complaining witness to probe the issue of consent, on summation counsel must argue that the defendant was not present at the time of the alleged rape, and whoever was did not force the complainant to have intercoursel See Hibey, note 3 supra, at 321-22. But see State v. Warford, 293 Minn. 507, 200 N.W.2d 301 (1972), cert. denied, 410 U.S. 935 (1973), where the court held that, while the defendant could introduce evidence of specific prior acts of unchastity by the complaining witness, he could not cross-examine her as to these prior acts \"when consent is not a serious issue, the corroborating evidence is strong, and the victim's chastity is not raised as part of the prosecution's case.\" 200 16 Hofstra Law Review, Vol. 3, Iss. 2 [1975], Art. 2 Prior Sexual History Under Michigan's new statute, criminal sexual conductin the third degree is defined as the sexual penetration of another person by means of force and coercion. 5 The statute does not limit the crime to forcibly induced intercourse by an attacker who has had sexual intercourse with his victim in the past. Nor does it limit the defendant's right to raise the defense that his alleged victim consented to have intercourse with him to the situation where he has had consensual intercourse with her in the past. Yet under section 750.520(j) of Michigan's new statute,6 the defen- dant may only elicit evidence about her prior sexual history as it may relate to former relations with him. As long as Michigan has chosen to allow defendants to raise a defense based on consent, they cannot limit the court's right to admit evidence that is rele- vant to that issue.6 7 WrrNESS BEHALF? It is true that, at least when offered as part of the state's case in chief, certain clearly relevant evidence will be excluded be- cause of its possible prejudicial effect on the defendant.\" For example, it is established that the prosecution may not introduce evidence of other criminal acts of the accused for the sole purpose of showing the defendant's propensity to commit the crime N.W.2d at 303. In a footnote, while conceding that the issue was not before them, the court suggested that it might not have been error had the trial court not permitted the question of her chastity to be raised even as a part of the defendant's case in chief. Id. at 303 n.2. If the court, by approving the exclusion of evidence seemingly relevant to the issue of consent, was implying that it would have been proper to direct a verdict on this issue, prior Minnesota law would have to be overruled. See State v. Corey, 182 Minn. 48, 233 N.W. 590, 591 (1930). It is more likely the court meant there are times when the act of intercourse at issue may have been done under circumstances so clearly dissimilar to those surrounding the complainant's prior acts of intercourse that her prior sexual history may be excluded as irrelevant to consent: in Warlord, the complainant was beaten nearly unconscious prior to intercourse. Whether or not this interpretation is correct need not be determined now. The essential point for this article is that the court must retain its discretion to decide the probative value of evidence. See also note 55 supra. 65. MICH. CoMp. LAws ANN. \u00a7 750.520 d(1)(b) (West's Mich. Leg. Serv., P.A. No. 266 1974). 66. See text accompanying notes 16-17 supra. 67. See United States v. Nixon, - U.S. 94 S. Ct. 3090, 3109 (1974), quoted in text accompanying note 87 infra. 68. See Michelson v. United States, 335 U.S. 469, 475-76 (1948); McCORMIcK \u00a7 190, at 447. 17 Eisenbud: Limitations on the Right to Introduce Evidence Pertaining to the Published by Scholarship @ Hofstra Law, 1975 420 Hofstra Law Review [Vol. 3, 1975] charged.\" The evidence, offered to show the character of the accused, 0 is not rejected because character is irrelevant; on the contrary, it is said to weigh too much with the jury ... The fear, as Dean Wigmore has stated, is that:7' The deep tendency of human nature to punish, not because our victim is guilty this time, but because he is a bad man and may as well be condemned now that he is caught, is a tendency which cannot fail to operate with any jury, in or out of court. Dean Wigmore also suggests, however, that:\"72 [The reasons of Auxiliary Policy which affect the use of a defendant's character by the prosecution are peculiar to that use, and do not affect the use of character as against other persons in a criminal case wherever it may be relevant. Dean Wigmore did not specifically address himself to the consti- 69. See Note, Procedural Protections of the Criminal Defendant Reevaluation of the Privilege Against Self-Incrimination and the Rule Excluding Evidence of Propensity to Commit Crime, 78 HARv. L. Rav. 426, 435 (1964). The exclusionary rule only comes into effect when the sole purpose of the character evidence is to demonstrate a propensity to commit other crimes. So many exceptions to the rule have been developed, however, that its protective value has been all but destroyed. Id. at 436-43; McComIucK \u00a7 190. Of course, there are times when the defendant may want to waive the rule's protec- tion: \"[B]ecause character is relevant in resolving probabilities of guilt,\" the defendant \"may introduce affirmative testimony that the general estimate of his character is so favorable. . . that he would not be likely to commit the offense charged.\" Michelson v. United States, 335 U.S. 469, 476 (1948). The prosecution may then fully cross-examine the defendant's witnesses, and present its own witnesses in contradiction. Id. at 479. Of greater interest for the present discussion however, is the exception to the propen- sity evidence exclusionary rule that exists in the area of sex crimes. See McComIuucK \u00a7 190, at 448-51; Gregg, Other Acts of Sexual Misbehavior and Perversion as Evidence in Prose- cutions for Sexual Offenses, 6 Amz. L. REv. 212, 216-21 (1965); Annot., Admissibility, in Prosecution for Sexual Offense, of Evidence of Other Similar Offenses, 77 A.L.R.2d 841, 862-74 (1961). Originally, a narrow exception was developed which allowed into evidence proof of prior sexual offenses commited by the defendant against the complaining witness. Gregg, supra at 218. Apparently because of \"the increasing belief that sexual psychopaths have a disposition to repeat their acts of aggression,\" Trautman, supra note 23, at 406, a broad exception to the propensity evidence exclusionary rule has developed in a minority of states that permits evidence to be admitted of prior rapes or attempted rapes commit- ted against women other than the complaining witness. See Annot., supra at 864-68. For a strong criticism of this position based on the apparent disregard of the policy underlying the propensity evidence exclusionary rule by those advocating the exception to the rule in the area of sex crimes, as well as studies which indicate that the recidivism rate for most sex offenses is very low, see Gregg, supra at 231-36. 70. Michelson v. United States, 335 U.S. 469, 475-76 (1948). 71. WIGMORE\u00a7 57, at 456. 72. Id. \u00a7 62, at 464. 18 Hofstra Law Review, Vol. 3, Iss. 2 [1975], Art. 2 Prior Sexual History tutional questions raised by prohibiting the introduction of evi- dence which, although possibly prejudicial to the prosecution, is relevant to the defense. An analysis of Davis v. Alaska, 3 the Supreme Court's most recent elucidation of the sixth amend- ment's confrontation clause, as well as other cases construing the confrontation clause and the right to compel witnesses in one's behalf, leads inevitably to the conclusion that Michigan's statute impermissibly weakens the protection the Constitution provides for a defendant in a criminal trial. The right of an accused in a criminal prosecution \"to be confronted with the witnesses against him\" is guaranteed by the sixth amendment to the Constitution. It was secured for defen- dants in state as well as federal proceedings by Pointer v. Texas where the Court held the right to confront witnesses to be funda- mental.74 Confrontation does not mean simply that the witness is phys- ically present in the courtroom. The primary interest secured by the confrontation clause is the right of the defendant to cross- examine the witnesses who testify against him.75 And while a trial judge has wide latitude in the control of cross-examination,\" this principle cannot be expanded to justify a curtailment which keeps from the jury relevant and important facts bearing on the trustworthiness of crucial testimony. In Davis v. Alaska,\" the state trial court granted a motion by the prosecution to issue a protective order which prohibited any questioning of Green, a key prosecution witness, as to his 73. 415 U.S. 308 (1974). 74. 380 U.S. 400, 407 (1965). 75. The main and essential purpose of confrontation is to secure for the oppo- nent the opportunity for cross-examination. The opponent demands confronta- tion, not for the idle purpose of gazing upon the witness, or of being gazed upon by him, but for the purpose of cross-examination, which cannot be had except by the direct and personal putting of questions and obtaining immediate an- swers \u00a7 1395, at 150 (Chadbourn rev. 1974), quoted with approval in Davis v. Alaska, 415 U.S. 308, 316 (1974). 76. Gordon v. United States, 344 U.S. 414, 423 (1953), as cited in United States v. Harris, 501 F.2d 1, 8 (9th Cir. 1974). See United States v. Bass, 490 F.2d 846, 858 n.12 (5th Cir. 1974): [W]hile the scope of cross-examination is within the discretion of the trial judge, this discretionary authority to limit cross-examination comes into play only after there has been permitted as a matter of right sufficient cross- examination to satisfy the Sixth Amendment. . . . [D]efense counsel should be permitted on cross-examination to disprove an element of the offense. . .. 77. 415 U.S. 308 (1974). 421 19 Eisenbud: Limitations on the Right to Introduce Evidence Pertaining to the Published by Scholarship @ Hofstra Law, 1975 Hofstra Law Review prior adjudication as a juvenile delinquent and his probationary status at the time of the occurrence he was to testify about. Coun- sel for the defendant hoped to show that Green, because of his probationary status, was vulnerable to pressure from the prosecu- tion, and was therefore possibly biased. The grant of the protec- tive order was based on state provisions protecting the anonymity of juvenile offenders. The Supreme Court of Alaska affirmed. The United States Supreme Court, with only two justices dissenting, reversed.\"8 In this setting we conclude that the right of confrontation is paramount to the State's policy of protecting a juvenile of- fender. Whatever temporary embarrassment might result to Green or his family by disclosure of his juvenile record-,if the prosecution insisted on using him to make its case-is out- weighed by petitioner's right to probe into the influence of possi- ble bias in the testimony of a crucial identification witness. Further, they noted that:79 [T]he State cannot, consistent with the right of confrontation, require the petitioner to bear the full burden of vindicating the State's interest in the secrecy of juvenile criminal records. The Davis case is analogous to, and should control, the situa- tion where the state, in a prosecution for forcible rape, must prove lack of consent as part of its case in chief. Whereas Green was the principal witness for the state in Davis, no witness is more impor- tant to the state than the alleged victim in a trial for rape. Fur- ther, in both Davis and the forcible rape situation, strong state interests are recognizable. In the former, the Court acknowledged the state's interest in protecting the anonymity of juvenile offend- ers;\" in the latter, the state has a strong interest in encouraging victims of rape to come forward. Finally, in Davis it was recog- nized that disclosure of Green's juvenile record might result in embarrassment to Green and his family; one of the primary objec- tions to the introduction of evidence of the complainant's prior sexual history is that she is often humiliated by the experience. The defendant has a constitutional right to confront the witnesses against him. Without full and unimpeded cross- 78. Id. at 319. 79. Id. at 320. 80. Id. at 319. [Vol. 3, 1975] 20 Hofstra Law Review, Vol. 3, Iss. 2 [1975], Art. 2 Prior Sexual History examination, this right is rendered nugatory. This point was made clear in Davis:81 While counsel was permitted to ask Green whether he was biased, counsel was unable to make a record from which to argue why Green might have been biased .... Were the members of the Court to be confronted with a rape case in which the defendant was denied the right to inquire into the complaining witness' prior sexual history, they might well say: While counsel was permitted to ask the prosecutrix whether she consented, counsel was unable to introduce evidence relevant to that issue so as to make a complete record from which to argue why she was likely to have done so. It is true that the Court stated that \"[s]erious damage to the strength of the State's case would have been a real possibility had petitioner been allowed to pursue\" his line of questioning,\"2 and further, that the constitutional right of \"the effective cross- examination for bias of an adverse witness\" was involved.\" From this, it might be argued that Davis should be limited to cases involving both bias and the potential for the destruction of the state's case against the defendant. 4 Additionally, it might be argued, the rape case is distinguishable from Davis, because the prior sexual history of the complaining witness has so little proba- tive value toward the issue of consent that the state's interests - encouraging rape victims to come forward, and keeping inflammatory evidence which will prejudice the jurors against its case out of the trial - outweigh the probative value of the evi- dence. Regardless of the weight a jury should give evidence of the complaining witness' propensity to have intercourse, the evidence should be admitted if relevant to the defense raised by the defen- dant;8\" 81. Id. at 318. 82. Id. at 319. 83. Id. at 320 (emphasis added). 84. Indeed, one court has so held. See State v. Burr, 525 P.2d 1067 (Ore. Ct. App. 1974)(2-1 decision)(review granted, October 22, 1974). \"We . . . interpret [Davis] as holding solely that the confidentiality of a juvenile offender's record must give way to the right of 'effective cross-examination for bias of an adverse witness.' (emphasis supplied).\" Id. at 1068. In Burr, the juvenile records were sought solely to impeach the witness' credibility. 85. Davis v. Alaska, 415 U.S. 308, 317 (1974). 21 Eisenbud: Limitations on the Right to Introduce Evidence Pertaining to the Published by Scholarship @ Hofstra Law, 1975 Hofstra Law Review We cannot speculate as to whether the jury, as the sole judge of the credibility of a witness, would have accepted this line of reasoning had counsel been permitted to fully present it. But we do conclude that the jurors were entitled to have the benefit of the defense theory before them so that they could make an informed judgment as to the weight to place on Green's testi- mony which provided \"a crucial link in the proof.., of peti- tioner's act.\" [citation omitted] As long as the evidence is relevant to a material issue, the court must yield to the jury the right to weigh the evidence against everything else known about the case, and to accept it or reject it. Certainly the issue of consent is \"a crucial link in the proof. . . of [the defendant's] act.\" The Michigan statute then, insofar as it limits the defendant's right to make inquiries rele- vant to establishing his defense, unconstitutionally denies him the right to confront probably the only important witness that is testifying against him. Because cross-examination of the complaining witness as to her prior sexual history causes the greatest trauma for her at trial, this article has concentrated on the confrontation clause to see whether the defendant's right to confront the prosecutrix could be limited in a manner consistent with the sixth amendment. The conclusion that was reached is that his right to confront the com- plainant could not be limited if the information sought is relevant to his defense, and further, that this information is generally relevant. 6 Michigan's statute not only impermissibly restricts the de- fendant's right to confront witnesses against him, it also limits his sixth amendment right to call \"witnesses in his favor.\" As Chief Justice Burger stated in United States v. Nixon:87 The right to the production of all evidence at a criminal trial .. . has constitutional dimensions. The Sixth Amendment ex- plicitly confers upon every defendant in a criminal trial the right \"to be confronted with the witnesses against him\" and \"to have compulsory process for obtaining witnesses in his favor.\" More- over, the Fifth Amendment also guarantees that no person shall be deprived of liberty without due process of law. It is the mani- fest duty of the courts to vindicate those guarantees and to 86. For possible limitations on the relevancy of such evidence, see notes 54-55 and accompanying text and note 64 supra. 87. - U.S. -, -, 94 S. Ct. 3090, 3109 (1974) (emphasis added). [Vol. 3, 1975] 22 Hofstra Law Review, Vol. 3, Iss. 2 [1975], Art. 2 Prior Sexual History accomplish that it is essential that all relevant and admissible evidence be produced. It follows that those jurisdictions which only allow a defendant to introduce evidence of the complainant's general reputation in the community to prove her propensity to consent to intercourse88 deny the defendant his right to confront the witness against him and to compel witnesses to testify on his behalf. This is so be- cause, as was demonstrated earlier, 9 evidence of the complain- ant's general reputation in the community will often be a totally unreliable indicator of her actual propensity to consent to inter- course. The sixth amendment's guarantees cannot be satisfied by limiting the defendant to the elicitation of useless testimony from persons other than the complainant when more reliable evidence is available It may well be, as Kalven and Zeisel have suggested, that the American jury time and again gives evidence of the complainant's prior sexual history weight and import well beyond its actual significance, and applies it to factors unrelated to the elements of the crime of rape.' Nevertheless, a defendant in a criminal trial has a constitutional right to have a jury hear his case. 2 Further, while the potential for psychological harm to the com- plainant from having to be cross-examined as to her prior sexual history is conceded, the defendant has a constitutional right to confront the witnesses against him. 3 As for the state, the only 88. See notes 32-36 supra and accompanying text. 89. See notes 41-43 supra and accompanying text. 90. Professor Wigmore supports the position that the admission of specific acts evi- dence in rape trials is preferable: The better view is that which admits the evidence. Between the evil of putting an innocent or perhaps erring woman's security at the mercy of a villain, and the evil of putting an innocent man's liberty at the mercy of an unscrupulous and revengeful mistress, it is hard to strike a balance. But, with regard to the intensity of injustice involved in an erroneous verdict, and the practical fre- quency of either danger, the admission of the evidence seems preferable \u00a7 200, at 683. 91. KALvEN & ZEisEL, supra note 12, at 249-54. 92. U.S. CONST. amend. VI: In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed .... 93. See note 20 supra. The sixth amendment also guarantees the accused the right \"to have the assistance of counsel for his defense.\" In Coles v. Peyton, 389 F.2d 224 (4th 23 Eisenbud: Limitations on the Right to Introduce Evidence Pertaining to the Published by Scholarship @ Hofstra Law, 1975 Hofstra Law Review remedy it has for avoiding prejudice to its case from the introduc- tion of evidence relating to the alleged rape victim's prior sexual history is to request the court to give clear, concise limiting in- structions to the jury-and this is so despite Justice Jackson's famous dictum that:94 [Tihe naive assumption that prejudicial effects can be over- come by instructions to the jury. . . all practicing lawyers know to be unmitigated fiction .... There is a way for statutes like Michigan's to be upheld. If the proponents of these statutes can prove that all of the evidence that is excluded by the statutes is not relevant to the material issue of consent,\" then the statutes, while perhaps technically impinging on the domain of the courts, will in fact not deny defendants any protected right. So many factors, here unconsi- dered, may go into the actual decision to consent to sexual intercourse, that what appears to be probative may in fact not be probative at all. It is therefore urged that reliable, impartial so- cial scientists be commissioned to conduct studies to determine whether the prior sexual history of a woman has any bearing on the probability that she will consent to have intercourse on any given occasion. Until such information is forthcoming, however, attempts via legislative fiat to remove discretion from the courts and to rule all such evidence irrelevant and inadmissible must fail. Frederick Eisenbud Cir. 1968), the court held that the petitioner, who had been convicted of forcible rape, was denied effective assistance of counsel at his trial because his court-appointed counsel failed to investigate, inter alia, the reputation of the complaining witness for chastity. 94. Krulewitch v. United States, 336 U.S. 440, 453 (1949)(concurring opinion). 95. For a brief discussion of the possibility that some of the excluded evidence may indeed be irrelevant, see notes 54-55 and accompanying text and note 64 supra. 96. See notes 59-67 supra and accompanying text. [Vol. 3, 1975] 24 Hofstra Law Review, Vol. 3, Iss. 2 [1975], Art. 2", "7327_102.pdf": "From Casetext: Smarter Legal Research State v. Crims Minnesota Court of Appeals Jan 23, 1996 540 N.W.2d 860 (Minn. Ct. App. 1996) Copy Citation Download Check Treatment Delegate legal research to CoCounsel, your new legal assistant. Try CoCounsel free Nos. C6-95-41, C1-95-304. November 28, 1995. Review Denied January 23, 1996. Appeal from the District Court, Hennepin County, John J. Sommerville, J. 861 861 Hubert H. Humphrey, III, Attorney General, St. Paul, Michael O. Freeman, Hennepin County Attorney, and Gayle C. Hendley, Assistant County Attorney, Minneapolis, for Respondent. John M. Stuart, State Public Defender, Thomas R. Ragatz, Special Assistant State Public Defender, and Faegre Benson, Professional Limited Liability Sign In Search all cases and statutes... Opinion Summaries Case details 2/22/25, 5:15 State v. Crims, 540 N.W.2d 860 \| Casetext Search + Citator 1/16 SHORT, Judge. Partnership, Minneapolis, for Appellant. Considered and decided by SHORT, P.J., and and KLAPHAKE, JJ. 862 862 jury convicted Raymond Crims of third-degree criminal sexual conduct in violation of Minn.Stat. \u00a7 609.344, subd. 1(c). On appeal, Crims argues he is entitled to a new trial because the trial court committed plain error when instructing the jury, violated his constitutional rights by excluding evidence of the victim's history as a prostitute, and abused its discretion by refusing to grant a new trial due to juror misconduct. 863 863 On December 2, 1993, Raymond Crims met T.K. at Danny's Bar. For three to four hours, the two played pool, danced, hugged, and kissed. Shortly after midnight, they left the bar arm-in-arm. Before long, several residents of a Minneapolis apartment building heard T.K. cry for help and scream she was being raped. Peering out a window, a resident saw two figures in the snow and noticed one was struggling to remove the other's pants. When the police arrived a few minutes later, they found Crims engaging in sexual intercourse with T.K. His hand covered her mouth. Nearby, a utility knife lay in the snow, its blade extended. Also strewn about the scene were T.K.'s lip balm, medication, cigarettes, and other personal effects. Leading to the scene, the police observed marks consistent with the dragging of a body through the snow. The officers identified themselves. Four times, they ordered Crims to stop. When Crims failed to do so, the officers physically removed him from T.K. When questioned by police and at trial, Crims and T.K. gave conflicting accounts of the night's events. Crims stated T.K. consented to have sex with him as compensation for $20 in drug money, but she began screaming 2/22/25, 5:15 State v. Crims, 540 N.W.2d 860 \| Casetext Search + Citator 2/16 before he penetrated her. By contrast, T.K. asserted Crims offered to walk her to a friend's house, then pushed her to the ground and raped her. The state charged Crims with first-degree criminal sexual conduct in violation of Minn. Stat. \u00a7 609.342, subd. 1(d) (dangerous weapon). At his first trial, in May 1994, Crims sought to prove T.K. consented to sex as compensation for drug money. To support his theory, Crims proposed to introduce evidence of T.K.'s 1991 arrest for prostitution. Crims argued he required this evidence to develop his consent/prostitution defense, as well as the theory that T.K. fabricated the incident after a dispute arose over her fee. Crims claimed that if the trial court refused to admit T.K.'s arrest record, it would violate his constitutional rights to present a defense and confront his accusers. Initially, the trial court barred the evidence. However, at trial, the prosecution opened the door by suggesting T.K. would never prostitute herself. Because of the prosecution's questions, the trial court allowed Crims to introduce evidence of T.K.'s prostitution in 1991. That trial ended in a hung jury. After the trial court declared a mistrial, the state added two counts to its complaint: first-degree criminal sexual conduct in violation of Minn.Stat. \u00a7 609.342, subd. 1(c) (fear of imminent great bodily harm), and third-degree criminal sexual conduct in violation of Minn.Stat. \u00a7 609.344, subd. 1(c) (force or coercion). At his second trial, Crims again moved to introduce evidence of T.K.'s past sexual behavior. This time, the defense proposed to introduce the testimony of T.K.'s apartment manager, who also worked at Danny's Bar. The witness offered to testify: (1) at the end of January or the beginning of February 1994, T.K. exchanged sex for cocaine at a party; (2) in May 1994, she asked the witness for condoms so she could earn money to pay bills; (3) also in May, in exchange for a small package, she performed fellatio on a man outside her apartment building; and (4) during the same period, she once offered to perform fellatio on the witness if he repaired her electricity. Because these events took place after the December 1993 incident, the trial court refused to admit them. 2/22/25, 5:15 State v. Crims, 540 N.W.2d 860 \| Casetext Search + Citator 3/16 At the close of Crims' second trial, the trial court instructed the jury. With regard to the third-degree criminal sexual conduct charge, the court defined the elements as: (1) penetration; (2) without consent; (3) by use of force or coercion. The court defined penetration as \"sexual intercourse, fellatio or any intrusion however slight into the genital or anal openings * .\" It described consent as \"a voluntary and uncoerced agreement to perform a particular sexual act at that time [it] takes place.\" An hour after the jury retired, its fore-person passed a note to the court: If someone says no during the act of sexual intercourse, under the law is it rape if the other person continues the act after the other person asks him to stop[?] After securing the agreement of counsel, the trial court advised the jury to review its 864 written instructions carefully. The jury then informed the court it found the answer in the written instructions. Shortly thereafter, the jury reached a verdict and found Crims not guilty on both counts of first- degree criminal sexual conduct (dangerous weapon and fear of great bodily harm), but guilty of third-degree criminal sexual conduct (force or coercion). 864 Six days later, a police investigator saw T.K. by chance and informed her that the jury convicted Crims. T.K. asked the investigator what consequences could flow from a victim's perception, upon taking the stand, of a familiar face in the jury box. After questioning T.K. further, the investigator considered her inquiry purely hypothetical. Nonetheless, he reported the conversation. On the basis of the investigator's report, Crims moved for a hearing on juror misconduct. The trial court granted his motion. Before the hearing, the trial court agreed with counsel on the questions it would propound to the jury. At the hearing, counsel received the opportunity to ask the jurors additional questions, but declined to do so. Each juror denied prior contact with any of the witnesses. T.K., having died in the interim, did not appear at the hearing. Without any further offer of proof, Crims requested the trial court to order a new trial. The trial court denied his motion and proceeded with sentencing. 2/22/25, 5:15 State v. Crims, 540 N.W.2d 860 \| Casetext Search + Citator 4/16 I. Did the trial court commit plain error in instructing the jury? II. Did the trial court violate Crims's constitutional rights by refusing to admit evidence of the victim's history of prostitution? III. Did the trial court abuse its discretion by refusing to order a new trial due to juror misconduct In reviewing a trial court's jury instructions, evidentiary rulings, and denial of a motion for a new trial, we examine the record for abuse of discretion and errors of law. Uselman v. Uselman, 464 N.W.2d 130, 138 (Minn. 1990) (evidentiary rulings); Halla Nursery v. Baumann-Furrie Co., 454 N.W.2d 905, 910 (Minn. 1990) (denial of motion for new trial); Alholm v. Wilt, 394 N.W.2d 488, 490 (Minn. 1986) (jury instructions, abuse of discretion); Alevizos v. Metropolitan Airports Comm'n, 452 N.W.2d 492, 501 (Minn.App. 1990) (jury instructions, error of law), review denied (Minn. May 11, 1990). We review questions of law de novo. Frost-Benco Elec. Ass'n v. Minnesota Pub. Utils. Comm'n, 358 N.W.2d 639, 642 (Minn. 1984). In this case, we are asked to decide whether the Rape Shield Act infringes upon Crims's fundamental rights. I. In response to a jury's request for supplemental instructions, a trial court enjoys the discretion to amplify previous instructions, reread previous instructions, or not respond. Minn.R.Crim.P. 26.03, subd. 19(3); State v. Murphy, 380 N.W.2d 766, 772 (Minn. 1986). Failure to challenge an instruction at trial waives the right to appeal that issue unless the trial court committed plain error. State v. Shannon, 514 N.W.2d 790, 793 (Minn. 1994); State v. Dolbeare, 511 N.W.2d 443,446 (Minn. 1994). On occasion, a trial court commits plain error by refusing to give supplemental instructions. For example, if the prosecutor, in closing arguments, misinterprets an ambiguous portion of the controlling statute, the trial court plainly errs by simply repeating the statute's language when the jury asks for clarification. Shannon, 514 N.W.2d at 791-93. 2/22/25, 5:15 State v. Crims, 540 N.W.2d 860 \| Casetext Search + Citator 5/16 In the trial court proceedings, Crims never objected to the trial court's instructions. He now argues the trial court committed plain error by: (1) refusing to give supplemental instructions to dispel the jury's confusion about the significance of withdrawn consent; and (2) failing to inform the jury that rape is impossible upon forcible continuation of initially- consensual sexual relations. While the interests of justice occasionally require a trial court to clarify its instructions, a trial court may properly refer to its initial charge when that charge provides the jury with the guidance necessary to 865 resolve its confusion. State v. Harwell, 515 N.W.2d 105, 108-09 (Minn.App. 1994), review denied (Minn. June 15, 1994); see also Minn.R.Crim.P. 26.03, subd. 19(3) (vesting trial courts with discretion to amplify previous instructions, reread previous instructions, or not to respond to requests for clarification); Murphy, 380 N.W.2d at 772 (same). In this case, the trial court referred the jury to its initial instructions. Nothing in the record indicates the jury was incapable of resolving its confusion by reference to the written instructions it already possessed. Indeed, shortly after the trial court advised the jurors to reread its instructions carefully, the jury informed the court that: (1) its response was satisfactory; (2) they found the answer in its instructions; and (3) they required no further guidance. Under these circumstances, we find no plain error in the guidance provided by the trial court. 865 Crims also argues the trial court committed plain error by failing to inform the jury that the forcible continuation of initially-consensual sexual relations does not constitute rape. See People v. Vela, 172 Cal.App.3d 237, 218 Cal.Rptr. 161, 164-65 (1985) (finding no rape when victim withdraws consent during act because statute defines nature of act by reference to moment of slightest penetration), review denied (Cal. Dec. 31, 1985); Battle v. State, 287 Md. 675, 414 A.2d 1266, 1269-70 (1980) (arriving at same determination because statute merely codifies common law); State v. Way, 297 N.C. 293, 254 S.E.2d 760, 761-62 (1979) (reaching same conclusion with little analysis). In contrast to the foreign authority cited by Crims, our legislature defines penetration both as the initial intrusion into the body of another and as the act of sexual intercourse. Minn.Stat. \u00a7 609.341, subd. 12 (1992). While the jury must determine whether the defendant has \"accomplished\" penetration without consent and by means of force, Minnesota law provides a broader 2/22/25, 5:15 State v. Crims, 540 N.W.2d 860 \| Casetext Search + Citator 6/16 reference point than the moment of slightest intrusion. Id.; see State v. Robinson, 496 A.2d 1067, 1069-70 n. 2 (Me. 1985) (upholding instruction on withdrawn consent because statute equated sexual intercourse and penetration); see also State v. Siering, 35 Conn. App. 173, 644 A.2d 958, 961-62, (rejecting argument that act is defined at \"moment\" of penetration because the \"ordinary meaning\" of sexual intercourse is continued penetration), certification denied, 231 Conn. 914, 648 A.2d 158 (1994); cf. State v. Jones, 521 N.W.2d 662, 672 (S.D. 1994) (rejecting the idea that initial consent forecloses a rape prosecution). Our holding that rape includes forcible continuance of initially-consensual sexual relations is consistent with other Minnesota statutes. See Minn.Stat. \u00a7 609.344, subd. 1(d) (Supp. 1993) (defining third-degree criminal sexual conduct as penetration of a person who the actor should know is physically helpless); Minn.Stat. \u00a7 609.341, subd. 9 (1992) (describing a physically helpless person as one who cannot \"withhold consent or withdraw\"); Minn.Stat. \u00a7 609.341, subd. 9 (1994) (clarifying the provision to read \"withhold consent or withdraw consent\"). Thus, the trial court did not commit plain error by failing to instruct the jury, sua sponte, that rape becomes a legal impossibility after a victim has initially consented to penetration. II. Every criminal defendant has a right to fundamental fairness and to be \"afforded a meaningful opportunity to present a complete defense.\" State v. Richards, 495 N.W.2d 187, 191 (Minn. 1992) (quoting California v. Trombetta, 467 U.S. 479, 485, 104 S.Ct. 2528, 2532, 81 L.Ed.2d 413 (1984)). The Due Process Clauses of the Federal and Minnesota Constitutions require no less. Id. The right to present a defense includes the opportunity to develop the defendant's version of the facts, so the jury may decide where the truth lies. Id. at 194 (quoting Washington v. Texas, 388 U.S. 14, 19, 87 S.Ct. 1920, 1923, 18 L.Ed.2d 1019 (1967)). The Confrontation Clauses of the Federal and Minnesota Constitutions serve the same purpose, affording a defendant the opportunity to advance his or her theory of the case by revealing an adverse witness's bias or disposition to lie. State v. Pride, 528 N.W.2d 862, 867 (Minn. 1995) (quoting State v. Elijah, 206 Minn. 619, 624, 289 N.W. 575, 578 (1940)); 2/22/25, 5:15 State v. Crims, 540 N.W.2d 860 \| Casetext Search + Citator 7/16 see also Stephens v. Miller, 13 F.3d 998, 1013 (7th Cir.) (Cudahy, J., dissenting) (discussing the similarity between the right 866 to present a defense and to confront accusers), cert. denied, ___ U.S. ___, 115 S.Ct. 57, 130 L.Ed.2d 15 (1994). 866 To vindicate these rights, courts must allow defendants to present evidence that is material and favorable to their theory of the case. United States v. Saunders, 736 F. Supp. 698, 703 (E.D.Va. 1990), aff'd, 943 F.2d 388, 391 (4th Cir. 1991), cert. denied, 502 U.S. 1105, 112 S.Ct. 1199, 117 L.Ed.2d 439 (1992); see also United States v. Valenzuela-Bernal, 458 U.S. 858, 867-68, 102 S.Ct. 3440, 3446-47, 73 L.Ed.2d 1193 (1982) (requiring a defendant to demonstrate exclusion of material and favorable evidence in order to establish a violation of constitutional right of access to evidence); Washington, 388 U.S. at 19, 23, 87 S.Ct. at 1923, 1925 (finding violation of the right to present a defense because trial court excluded \"testimony * * * relevant and material to the defense\"); United States v. Dorsey, 16 M.J. 1, 5 (C.M.A. 1983) (noting that the \"criminal accused has the right to present evidence which is relevant, material, and favorable to his defense\"). However, a defendant has no right to introduce evidence that either is irrelevant, or whose prejudicial effect outweighs its probative value. Jeffries v. Nix, 912 F.2d 982, 986 (8th Cir. 1990) (quoting State v. Clarke, 343 N.W.2d 158, 161 (Iowa 1984)), cert. denied, 499 U.S. 927, 111 S.Ct. 1327, 113 L.Ed.2d 259 (1991); Saunders, 736 F. Supp. at 703- 04; State v. Brown, 636 S.W.2d 929, 933-34 (Mo. 1982), cert. denied, 459 U.S. 1212, 103 S.Ct. 1207, 75 L.Ed.2d 448 (1983), overruled in part on other grounds by State v. Jones, 716 S.W.2d 799, 800 (Mo. 1986). In a prosecution for criminal sexual conduct or incest, evidence of a victim's previous sexual conduct is not admitted except by court order. Minn.Stat. \u00a7 609.347, subd. 3 (1994). In ruling on a defendant's offer of such evidence, the trial court considers the defendant's constitutional rights, Minn.R.Evid. 403 and 412, and the rape shield statute. That statute provides: (a) When consent of the victim is a defense in the case, the following evidence is admissible: (i) evidence of the victim's previous sexual conduct tending to establish a common scheme or plan of similar sexual conduct under 2/22/25, 5:15 State v. Crims, 540 N.W.2d 860 \| Casetext Search + Citator 8/16 circumstances similar to the case at issue. In order to find a common scheme or plan, the judge must find that the victim made prior allegations of sexual assault which were fabricated; and (ii) evidence of the victim's previous sexual conduct with the accused. Minn.Stat. \u00a7 609.347, subd. 3. In the event of a conflict, the defendant's constitutional rights require admission of evidence excluded by the rape shield law. State v. Friend, 493 N.W.2d 540, 545 (Minn. 1992). Crims agrees Minn.Stat. \u00a7 609.347, subd. 3 prohibits introduction of T.K.'s history of prostitution. However, he argues that the law unconstitutionally prohibits him from presenting his theory of consent to prostitution and, thus, from confronting his accusers. We must, therefore, decide whether T.K.'s sexual history was relevant evidence excluded for the purpose of minimizing victim harassment or whether T.K.'s sexual behavior with third parties was irrelevant to the issue of consent to sexual relations with Crims. 1 1 In his original motion to admit evidence of T.K.'s prostitution, Crims proposed to demonstrate: (1) he contracted with T.K. for an act of prostitution; and (2) the pair argued over T.K.'s fee, thus creating a motive to fabricate the incident. However, Crims never advanced the latter theory at trial or on appeal. Consequently, we address only whether the trial court committed constitutional error by refusing to admit evidence of T.K.'s prostitution for the purpose of developing the theory of consent to prostitution. Some jurisdictions interpret rape shield laws principally as a means of excluding evidence that might embarrass sexual assault victims, essentially forming an exception to the general practice of admitting all relevant evidence. See, e.g., Robinson v. State, 575 So.2d 699, 702 (Fla.Dist.Ct.App.), review denied, 589 So.2d 292 (Fla. 1991); Clarke, 343 N.W.2d at 160-61; Johnson v. State, 332 Md. 456, 632 A.2d 152, 156 (1993); People v. Hackett, 421 Mich. 338, 365 N.W.2d 120, 124 (1984); State v. Williams, 21 Ohio St.3d 33, 867 487 N.E.2d 560, 561 (1986) (quoting State v. Gardner, 59 Ohio St.2d 14, 391 N.E.2d 337, 340 (1979)); State v. Green, 163 W. Va. 681, 692-93, 260 S.E.2d 257, 264 (1979) (recommending a statutory regime that would exclude relevant evidence in order to avoid \"besmirchment\" of victims' character). However, a rule that 867 2/22/25, 5:15 State v. Crims, 540 N.W.2d 860 \| Casetext Search + Citator 9/16 excludes material evidence for reasons of policy will, by definition, run afoul of defendants' fundamental rights. Adopting this perspective as their point of departure, some jurisdictions understandably find the victim's sexual history relevant whenever the defendant succeeds in establishing a cosmetic similarity, such as prostitution. See, e.g., Johnson, 632 A.2d at 159-62; People v. Slovinski, 166 Mich. App. 158, 420 N.W.2d 145, 154-56 (1988); Williams, 487 N.E.2d at 561-63; Green, 163 W. Va. at 692-93, 260 S.E.2d at 264; State v. Herndon, 145 Wis.2d 91, 426 N.W.2d 347, 361-63 (App. 1988), overruled in part by State v. Pulizzano, 155 Wis.2d 633, 456 N.W.2d 325, 330 (1990) (overruling issue of statute's constitutionality, but not constitutional requirement of admissibility); see also Demers v. State, 209 Conn. 143, 547 A.2d 28, 35-37 (1988) (finding the Constitution requires admission of evidence of past prostitution because it is probative of defense's theory of consent to prostitution); Robinson, 575 So.2d at 702-03 (same). We are constrained to interpret statutes as constitutional in purpose and effect unless a party proves otherwise beyond a reasonable doubt. Minn.Stat. \u00a7 645.17(3) (1994); Estate of Jones v. Kvamme, 529 N.W.2d 335, 337 (Minn. 1995). Thus, when confronted with a statute susceptible to multiple interpretations, we adopt the one that stands in harmony with the Constitution, even if the alternative construction might otherwise seem a more accurate reflection of legislative intent. Page v. Carlson, 488 N.W.2d 274, 281 (Minn. 1992); State ex rel. Forslund v. Bronson, 305 N.W.2d 748, 751 (Minn. 1981); Schumann v. Commissioner of Taxation, 312 Minn. 477, 481-82, 253 N.W.2d 130, 132 (1977); see also Minn.Stat. \u00a7 645.17(3) (allowing court to presume the legislature intended not to violate the Constitution). Following these principles, we conclude the rape shield statute serves to emphasize the general irrelevance of a victim's sexual history, not to remove relevant evidence from the jury's consideration. See Elijah, 206 Minn. at 621, 626, 289 N.W. at 577, 579 (holding the victim's sexual history admissible only in \"exceptional cases\" (i.e., when relevant to prove a witness's bias) because consensual relations with third parties generally provide neither a defense to, nor relevant information about, the facts at bar); see also Jeffries, 912 F.2d at 987-88 (essentially finding victim's sexual history irrelevant unless clearly similar to the facts at bar); United States v. Kasto, 584 F.2d 268, 271 n. 2, 272 (8th Cir. 1978) (applying a similar test and concluding that a victim's sexual 2/22/25, 5:15 State v. Crims, 540 N.W.2d 860 \| Casetext Search + Citator 10/16 history is normally either irrelevant or more prejudicial than probative), cert. denied, 440 U.S. 930, 99 S.Ct. 1267, 59 L.Ed.2d 486 (1979); Hagins v. United States, 639 A.2d 612, 614-16 (D.C. 1994) (doubting the relevance of victim's history of prostitution to defendant's theory of consent to prostitution); People v. Tennin, 162 Ill. App.3d 520, 113 Ill.Dec. 897, 900, 515 N.E.2d 1056, 1059 (1987) (holding the victim's history of prostitution irrelevant to defendant's theory of consent to prostitution); Commonwealth v. Joyce, 382 Mass. 222, 415 N.E.2d 181, 187 (1981) (holding victim's history of prostitution admissible to show motive to fabricate, but not to demonstrate consent to prostitution); Holloway v. State, 695 S.W.2d 112, 117 (Tex.Ct.App. 1985) (finding evidence of recent prostitution material to defendant's theory of consent to prostitution, but more prejudicial than probative), aff'd, 751 S.W.2d 866, 870-71 (Tex.Crim.App. 1988) (affirming because evidence of recent prostitution was not even material to defendant's theory). Viewed from this perspective, the statute's relationship with the Constitution becomes one of harmony, not tension, because it serves to remind the bench that the victim's sexual history is normally irrelevant in a sexual assault prosecution. See, e.g., People v. Sandoval, 135 Ill.2d 159, 142 Ill.Dec. 135, 145, 552 N.E.2d 726, 736, (acknowledging rape shield statute primarily as a codification of the common-sense premise that a victim's 868 sexual history is generally irrelevant to the issue of consent to relations with the accused), cert. denied, 498 U.S. 938, 111 S.Ct. 343, 112 L.Ed.2d 307 (1990); Joyce, 415 N.E.2d at 185 (same). 868 In addition, evidence of sexual activity with third persons cannot withstand a rule 403 weighing unless special circumstances enhance its probative value. Kasto, 584 F.2d at 271-72. Such circumstances include situations in which the evidence explains a physical fact in issue at trial, suggests bias or ulterior motive, or establishes a pattern of behavior clearly similar to the conduct at issue. Id. at 271 n. 2 (citing Abraham P. Ordover, Admissibility of Patterns of Similar Sexual Conduct: The Unlamented Death of Character for Chastity, 63 Cornell L.Rev. 90, 93-94, 110-19 (1977), who defines similar patterns of behavior to encompass only habit and modus operandi); see Jeffries, 912 F.2d at 987-88 (essentially finding a victim's sexual history irrelevant in the absence of compelling evidence of modus operandi); see also Sandoval, 142 Ill.Dec. at 147, 552 N.E.2d at 738 (defining modus operandi to 2/22/25, 5:15 State v. Crims, 540 N.W.2d 860 \| Casetext Search + Citator 11/16 include only those activities \"so unusual, so outside the norm, [and so] distinctive\" as to constitute a signature, and concluding anal sex falls short of this standard). Unless and until a defendant shows the victim's sexual history to be relevant to the facts at bar, this particular form of character evidence simply is not admissible under the normal rules of evidence. See id. (all requiring evidence of modus operandi for admission of victims' sexual history). Crims sought to introduce T.K.'s history of exchanging sex to satisfy her desire for drugs. However, T.K.'s sexual history is irrelevant to the charge of rape without evidence of modus operandi. See Jeffries, 912 F.2d at 987-88 (essentially finding a victim's sexual history irrelevant in the absence of compelling evidence of modus operandi); Kasto, 584 F.2d at 271 n. 2, 272 (holding that such evidence is either irrelevant or more prejudicial than probative careful review of the record shows no pattern of clearly similar behavior. First, T.K. never bargained to exchange sex for drugs. While Crims testified T.K. mentioned sex for money in passing, he never suggested the two bargained in any meaningful fashion. Crims asserts he gave T.K. $20, after which she purchased drugs, and then led him to the side of a building with the intention of \"compensating\" him. This sort of behavior is dissimilar from T.K.'s history of agreeing to prostitute herself for a specific quantity of drugs, performing her end, and then receiving her bargained-for earnings. See Jeffries, 912 F.2d at 985, 987-88 (holding victim's history of prostitution irrelevant to defendant's theory that the victim received drugs and alcohol without striking a bargain and later desired to \"reimburse\" the defendant with sexual favors). Second, T.K.'s history of trading sex for drugs is not clearly similar to the facts of this case. T.K.'s apartment manager said T.K. had twice exchanged sex for drugs, once asked for condoms so she could earn money in order to pay bills, and once offered to perform fellatio on him in exchange for electrical repairs. Crims argues T.K. consented to trade sex for drug money. These differences preclude the establishment of modus operandi. See id. at 985, 987 (finding the victim's history of exchanging sex for money irrelevant to the defendant's theory that the victim consented to sex as compensation for drugs and alcohol). 2/22/25, 5:15 State v. Crims, 540 N.W.2d 860 \| Casetext Search + Citator 12/16 And, third, the evidence of struggle precludes an inference that the events of December 3 were simply another episode in T.K.'s history of prostitution. Id. at 988. Under these circumstances, Crims failed to establish a pattern of clearly similar behavior and, thus, did not demonstrate the relevance of T.K.'s sexual history to his defense. Id. at 987-88; Kasto, 584 F.2d at 271 n. 2, 272. Accordingly, his claims of constitutional error must fail. Jeffries, 912 F.2d at 986; Kasto, 584 F.2d at 272. 2 2 T.K.'s screams for help, her resistance to Crims's attempts to remove her clothing, the drag marks in the snow, Crims's hand across her mouth, a utility knife with its blade extended, T.K.'s personal effects strewn about the area, the cuts and bruises on her hands and legs. Even if the evidence crossed the threshold of relevance, as defined in Jeffries and Kasto, Crims enjoyed no constitutional right to its admission because the evidence's 869 prejudicial effect outweighs its probative value. Jeffries, 912 F.2d at 986 (quoting Clarke, 343 N.W.2d at 161). Crims offered evidence of four episodes of prostitution which allegedly occurred two to five months after the attack. The effect of rape on a victim's life provides the jury with no useful information about events underlying the rape charge. Sandoval, 142 Ill.Dec. at 151, 552 N.E.2d at 742. When unconnected to a pattern of preexisting behavior, such evidence is remote and uninstructive about the events underlying the rape charge. See People v. Powell, 201 Mich. App. 516, 506 N.W.2d 894, 895, 896 n. 3 (1993) (holding, in spite of the defendant's theory of consent to prostitution, that the trial court \"erred\" in admitting evidence of prostitution occurring two months after sexual assault), appeal denied, 445 Mich. 927, 521 N.W.2d 7, cert. denied, ___ U.S. ___, 115 S.Ct. 439, 130 L.Ed.2d 350 (1994). 869 Furthermore, this evidence would add little to the evidence of record. See Friend, 493 N.W.2d at 545 (weighing probative value in light of other evidence). The record demonstrates: (1) T.K. and Crims danced, kissed, and embraced at the bar for three to four hours; (2) they left the bar arm-in-arm; (3) shortly thereafter, residents of the apartment building heard T.K. screaming for help; (4) one resident saw T.K. resisting Crims's attempts to remove her clothing; and (5) when police arrived, they found abundant evidence of a struggle. As Crims admits, this evidence suggests only two 2/22/25, 5:15 State v. Crims, 540 N.W.2d 860 \| Casetext Search + Citator 13/16 conclusions: either T.K. never consented, or she withdrew her consent, after which Crims forced her to continue their encounter. In this context, T.K.'s history of prostitution carries little probative value. It might establish T.K. initially consented to have sex with Crims. However, the jury heard strong, independent testimony from the bar manager supporting this theory. Because collateral evidence of prostitution would have added nothing to Crims's consent theory nor rebutted the extensive evidence of withdrawn consent, we cannot say the trial court clearly abused its discretion by finding T.K's sexual history either irrelevant or more prejudicial than probative. We find no constitutional error in its exclusion.3 3 Even if Crims were entitled to a new trial, the rule 403 weighing would tip even further against him in future proceedings. Because T.K. has died, the jury would receive uncontradicted, live testimony about her history of prostitution. Under such circumstances, a trial court could easily find the evidence's enormously prejudicial effect substantially outweighs whatever slight probative value it may possess. Even if the trial court abused its discretion, thereby violating Crims's constitutional right to present a defense, we would still affirm because any conceivable error was harmless beyond a reasonable doubt given the extensive evidence of withdrawn consent. State v. Kelly, 435 N.W.2d 807, 813 (Minn. 1989). Crims argues the hung jury at his first trial, where he introduced evidence of T.K.'s work as a prostitute in 1991, raises a reasonable doubt on the issue of harmless error. However, Crims stood accused only of first-degree criminal sexual conduct with a dangerous weapon at his first trial. Before his second trial, the state added two charges: first-degree criminal sexual conduct (fear of imminent great bodily harm), and third-degree criminal sexual conduct (force or coercion). Unlike his first trial, which ended in a hung jury, all the jurors in his second trial voted to acquit Crims of first-degree criminal sexual conduct. They returned a guilty verdict only on the new, third-degree count. Under these circumstances, we can find no evidence of prejudicial error trial court has the discretion to grant a new trial based on evidence of juror misconduct. State v. Kelley, 517 N.W.2d 905, 910 (Minn. 1994). At a 2/22/25, 5:15 State v. Crims, 540 N.W.2d 860 \| Casetext Search + Citator 14/16 KLAPHAKE, Judge, concurring specially. Schwartz hearing, the movant bears the burden of demonstrating actual misconduct and prejudice. Id. We will not disturb the trial court's decision absent an abuse of discretion. Id. Crims argues neither that he has proven misconduct, nor that he has shown prejudice. He acknowledges his attorney both approved of the questions the trial court propounded to the jurors and received the opportunity to ask additional questions. In support of his motion for a new trial, Crims argues simply that because T.K. died and 870 was, thus, unavailable for the Schwartz hearing, we should lower the burden of proof to allow for a new trial based on suspicion and conjecture. This argument is inconsistent with the high value our legal system places on finality. See Chapman v. State, 282 Minn. 13, 16, 162 N.W.2d 698, 700 (1968) (finding policy favoring the finality of judgments applies in criminal cases). After a careful review of the record, we cannot say the trial court abused its discretion in refusing to order a new trial based on speculation about what T.K. might have said were she alive to participate in the Schwartz hearing. 870 First, the trial court did not commit plain error by referring the jury to its original instructions and by declining to instruct the jury, sua sponte, that the forcible continuation of sexual relations after a victim withdraws consent does not constitute rape. Second, although the Federal and Minnesota Constitutions guarantee Crims's right to present evidence that is both material and favorable, the trial court did not abuse its discretion by excluding evidence of T.K.'s sexual history under either Minn.R.Evid. 401 or Minn.R.Evid. 403. And third, the trial court did not abuse its discretion in refusing to order a new trial where Crims produced no evidence of actual juror misconduct or prejudice. Affirmed concur in the result. 2/22/25, 5:15 State v. Crims, 540 N.W.2d 860 \| Casetext Search + Citator 15/16 About us Jobs News Twitter Facebook LinkedIn Instagram Help articles Customer support Contact sales Cookie Settings Do Not Sell or Share My Personal Information/Limit the Use of My Sensitive Personal Information Privacy Terms \u00a9 2024 Casetext Inc. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 2/22/25, 5:15 State v. Crims, 540 N.W.2d 860 \| Casetext Search + Citator 16/16", "7327_103.pdf": "v. G.V., Defendant-Respondent. (2000) Supreme Court of New Jersey of New Jersey, Plaintiff-Appellant, v. G.V., Defendant-Respondent. Decided: January 27, 2000 Teresa A. Blair, Deputy Attorney General, for plaintiff-appellant (John J. Farmer, Jr., Attorney General of New Jersey, attorney). Alan I. Smith, Designated Counsel, for defendant- respondent (Ivelisse Torres, Public Defender, attorney jury has convicted defendant of the repeated sexual molestation of his young daughter during the five- year period between 1985 and 1990. Some of the evidence admitted at trial related to acts of sexual molestation that he had allegedly committed on an older sister of the victim. Those offenses were claimed to have occurred years before the offenses charged in the indictment. The trial court instructed the jury that the evidence should not be considered as demonstrating that defendant had a disposition to commit the offenses charged, but failed, more specifically, to explain to the jury the relevance of that evidence to material issues that were genuinely in dispute and, thus, to constrict the jury's consideration of that evidence to such issues as were genuinely in dispute. The jury convicted defendant of aggravated sexual assault, sexual assault, endangering the welfare of his child, and terroristic threats. After merging the sexual assault conviction into the aggravated sexual assault conviction, the court sentenced the defendant to an aggregate term of 15 years imprisonment. In an unreported opinion, the Appellate Division reversed the convictions. The Appellate Division found that the older sister's testimony was inadmissible because it constituted other-crime evidence that was not relevant to prove intent or to disprove possible defenses of accident or mistake (the purposes for which the trial court had admitted the evidence), and was more prejudicial than probative. \uf002 / / / / Find a Lawyer Legal Forms & Services \uf107 Learn About the Law \uf107 Legal Professionals \uf107 Blogs 2/22/25, 5:15 v. G.V., Defendant-Respondent. (2000) \| FindLaw 1/26 We granted the State's petition for certification. 157 N.J. 645, 725 A.2d 1126 (1999 Because the victim and her older sister have the same first initial, we shall refer to them by pseudonyms. We shall also refer to their mother by a pseudonym. The victim, Laura, was born in 1979. She lived in Monmouth County with her mother, Nancy, her older sister, Linda, two younger brothers, and her father, defendant G.V. In 1985, when Laura was six years old, her father began to molest her, frequently touching her intimate parts or having her touch his. When Laura was eight years old, defendant began having sexual intercourse with her. On some occasions, defendant forced Laura to engage in sexual activities with her younger brother. Defendant committed these acts at night while Laura's mother was at work family friend described an occasion when visiting defendant's home. She was seated directly across from the couch where defendant and Laura were sitting. She saw Laura begin to rub defendant's shoulders. Defendant brought Laura on his lap and started \u201cstroking\u201d the outside of her thigh. The woman thought that was done in a \u201csexual way\u201d but dismissed the thought. She and her husband never mentioned the incident to anyone. Laura believed that what she and her father were doing was a secret. She never told anyone about it because she was afraid. Defendant had threatened her that if she told anyone, she, her family, and her pets would be killed. The conduct ended in 1990 when Laura was ten years old. About 1989, the family structure changed. Linda (the older sister) married and Laura's mother and father separated. In January of 1992, defendant was visiting at the family home when Linda and her husband, Walter, were present. There was an altercation between defendant and Walter because defendant brought his girlfriend to the house. Defendant threatened to kill Walter. Nancy called the police and later obtained a temporary restraining order against the defendant. Two days later, Nancy agreed to vacate the restraining order because she thought that they could reconcile. After Nancy vacated the restraining order, Laura experienced deep depression. Relatives found Laura in the kitchen staring into space, unable to speak, with her body clenched. She was hospitalized for her disorder. While attending a group session at the hospital, Laura confided in another girl that she had been sexually assaulted by her father. The girl advised Laura to report the matter to one of the attendant doctors. Laura told a nurse. Hospital staff informed the Division of Youth and Family Services and Laura's mother about the sexual assaults. Laura had not been able to tell her mother because she was embarrassed and ashamed. When Nancy told her other daughter, Linda, about the sexual assaults on Laura, she asked Linda whether their father had ever sexually molested her. Linda revealed for the first time that she too had been sexually assaulted by her father. 2/22/25, 5:15 v. G.V., Defendant-Respondent. (2000) \| FindLaw 2/26 Linda said that defendant had sexually abused her from the age of four to eight. When Linda was six years old, defendant began having sexual intercourse with her. The assaults occurred at night while Nancy, was at work complaint was filed charging defendant with the sexual abuse of Laura. (Defendant was not charged with the attacks on Linda because the statute of limitations had expired.) At trial, defendant denied the charges, testified, and presented character witnesses. He asserted that the charges had been fabricated. He contended that the family was angry because he had left Nancy for another woman Linda's testimony that her father had sexually assaulted her is referred to as other-crime evidence. The principles that govern the admission of other-crime evidence were recently restated in State v. Marrero, 148 N.J. 469, 691 A.2d 293 (1997). At the time of Marrero's trial, the admissibility of other-crime evidence was controlled by Evidence Rule 55. Currently, the admissibility of other-crime evidence is governed by N.J.R.E. 404(b), which states: Other crimes, wrongs, or acts. Evidence of other crimes, wrongs, or acts is not admissible to prove the disposition of a person in order to show that he acted in conformity therewith. Such evidence may be admitted for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity or absence of mistake or accident when such matters are relevant to a material issue in dispute. For convenience, we will conform the references in Marrero to the new rule. Evidence Rule [404(b) ] makes clear that other-crime evidence is only admissible if relevant to prove some other fact genuinely in issue. State v. Oliver, 133 N.J. 141, 151, 627 A.2d 144 (1993); State v. Stevens, 115 N.J. 289, 558 A.2d 833 (1989). Where the other-crime evidence tends to make the existence of a material fact reasonably likely, it is admissible subject to the \u201cprobativeness/prejudice\u201d balancing under Evidence Rule 4, now N.J.R.E. 403. In addition to being relevant to an issue genuinely in dispute, the other-crime evidence must \u201cbe necessary for [the disputed issue's] proof.\u201d Stevens, supra, 115 N.J. at 301, 558 A.2d 833. Because of its damaging nature, in determining the probative worth of other-crime evidence, \u201ca court should consider \u2024 whether its proffered use in the case can adequately be served by other evidence.\u201d Id. at 303, 558 A.2d 833; see also Oliver, supra, 133 N.J. at 151, 627 A.2d 144 (stating that \u201c[a]n important factor in weighing the probative value of other-crime evidence is whether other, less-inflammatory evidence can prove the same fact in issue\u201d). Once it is determined that the other-crime evidence is material to a fact genuinely in issue and that the other-crime evidence is necessary, \u201cthe probative value of the proffered evidence [must] be carefully balanced against the danger that it will create undue prejudice against the defendant.\u201d Stevens, supra, 2/22/25, 5:15 v. G.V., Defendant-Respondent. (2000) \| FindLaw 3/26 115 N.J. at 302, 558 A.2d 833. Where the probative value is outweighed by prejudice to the defendant, then it is inadmissible. Evid. R. 4 (currently N.J.R.E. 403). Consequently, the primary focus of Evidence Rule [404(b) ], when examined in conjunction with Evidence Rule [403], is to view it as a rule of exclusion rather than a rule of inclusion. State v. Cofield, 127 N.J. 328, 337-38, 605 A.2d 230 (1992). After many years of decisional law determining when other-crime evidence is admissible, a four-part test has been distilled. That test is designed \u201cto avoid the over-use of extrinsic evidence of other crimes of wrongs.\u201d Id. at 338, 605 A.2d 230. That rule is as follows: 1. The evidence of the other crime must be admissible as relevant to a material issue; 2. It must be similar in kind and reasonably close in time to the offense charged; 3. The evidence of the other crime must be clear and convincing; and 4. The probative value of the evidence must not be outweighed by its apparent prejudice. [Ibid. (quoting Abraham P. Ordover, Balancing the Presumptions of Guilt and Innocence: Rules 404(b), 608(b) and 609(a), 38 Ermory L.J. 135, 160 (1989)).] \u2024 When other-crime evidence is admitted, \u201cthe court must instruct the jury on the limited use of the evidence.\u201d Cofield, supra, 127 N.J. at 340-41, 605 A.2d 230; see also Stevens, supra, 115 N.J. at 304, 558 A.2d 833. Because of the inherently prejudicial nature of other-crime evidence, the court's instruction \u201c \u2018should be formulated carefully to explain precisely the permitted and prohibited purposes of the evidence, with sufficient reference to the factual context of the case to enable the jury to comprehend and appreciate the fine distinction to which it is required to adhere.\u2019 \u201d Cofield, supra, 127 N.J. at 341, 605 A.2d 230 (quoting Stevens, supra, 115 N.J. at 304, 558 A.2d 833). [State v. Marrero, supra, 148 N.J. at 482-83, 495, 691 A.2d 293.] From Marrero we distill the principles that are crucial to the decision in this case: \u2022 The other-crime evidence must be relevant to an issue \u201cgenuinely in dispute.\u201d \u2022 The other-crime evidence must be \u201cnecessary for [the disputed issue's] proof.\u201d \u2022 The court must \u201cexplain precisely\u201d to the jury the permitted and prohibited uses of the evidence. Because those controlling principles were not followed by the trial court, the Appellate Division was constrained to reverse the conviction. Our opinion will review that judgment and seek to correct the 2/22/25, 5:15 v. G.V., Defendant-Respondent. (2000) \| FindLaw 4/26 implication in the Appellate Division opinion that the other-crime evidence in this case might be inadmissible for any purpose Relying on State v. Cusick, 219 N.J.Super. 452, 530 A.2d 806 (App.Div.), certif. den., 109 N.J. 54, 532 A.2d 1118 (1987), the trial court admitted the evidence of prior sexual abuse. In Cusick, the defendant was charged with sexually assaulting two victims. Cusick argued that he had intended only to swing and cradle one of the victims and that any sexual contact was inadvertent. The Cusick court admitted other-crime evidence to rebut the defendant's claim of mistake and to establish the defendant's intent. The Cusick court gave a limiting instruction directing the jury to consider the evidence \u201cas it may bear on the issue of whether the alleged touching of [the victims] was accidental or it was a mistake. Likewise, it might also bear on the defendant's motive for allegedly touching the victims here. This is to obtain some sort of sexual gratification, or on the issue of his intention to touch the children, victims here.\u201d Id. at 466, 530 A.2d 806. The trial court reasoned that Cusick 's principles would apply to this case. In its unreported opinion, the Appellate Division explained how in this case neither mistake nor intent to obtain sexual gratification was genuinely in dispute. The Appellate Division explained: [T]he trial court adopted the prosecutor's view that earlier attacks on [Linda, the older sister] were relevant to intent in two respects. As summarized in [the State's] brief: the judge \u201creasoned that the prior sexual attacks were material because a possible defense by defendant of accident or mistake could be raised by defendant, claiming that he was merely being affectionate towards his daughter and showing her fatherly love. The judge also noted that the State was required to prove that defendant committed the acts for the purpose of sexual arousal or gratification. He thus found that the prior sexual assaults would bear on this issue as it showed defendant committed the sexual assaults on both victims when they were around the same age, between four and eight years old.\u201d The supposed \u201cpossible defense\u201d was never raised by the defendant. Moreover, to do so in the context of this case would have been absurd. If we were dealing with an isolated incident, or even a few separate occasions, of allegedly improper touching, the \u201cpossible defense\u201d might have been an issue. But this case involves an horrendous course of patent sexual depravity which continued for years. No reasonable defense, under these circumstances, would rely on the theory that these atrocious acts were simply misinterpreted expressions of fatherly affection. Nor can it be fairly said that if the defendant committed the acts in question, there was a material factual dispute with regard to whether he was seeking sexual gratification. As stated in State v. Stevens, 115 N.J. 289, 301, 558 A.2d 833 (1989), a \u201cnecessary corollary to the principle that other-crime evidence can 2/22/25, 5:15 v. G.V., Defendant-Respondent. (2000) \| FindLaw 5/26 be admitted to prove any fact in issue \u2024 is the requirement that the \u201cissue\u201d be genuine, and that the other- crime evidence be necessary for its proof.\u201d Neither of these requirements were satisfied here. As the prosecutor's summation plainly demonstrates, the evidence of defendant's sexual depravity with his first daughter was offered for no reason other than to demonstrate that defendant was predisposed to engaging in sexual conduct with his daughters in their prepubescent years. The evidence was not admissible under N.J.R.E. 404(b), supra. Therefore, the convictions must be set aside and the matter remanded for a new trial. As the Appellate Division noted, the analytical errors were compounded by the prosecutor's misuse of the testimony. During summation, the prosecutor made no attempt to suggest to the jury that the other-crime evidence should be considered only as bearing on defendant's intent to obtain gratification or to rebut a defense of mistaken physical contact. Instead, the prosecutor described the other-crime events in broad terms that, in essence, urged the jury to use defendant's character and past conduct as a basis for inferring that Laura's testimony was true. The Appellate Division opinion contains longer excerpts of the prosecutor's summation. The following example will suffice to make the point: [Laura] said the defendant would say it was our secret, don't tell anybody. And then as [Linda] got older, sexual intercourse began. Similar fact pattern with [Laura]. It is just the way he operates. It is not two girls getting together. That's what he was interested in doing, having sex with younger girls, pre- teen age girls. [Emphasis added.] If that is not an allusion to propensity, then we do not know what would be. Our dissenting members suggest that the defenses of accident or mistake or absence of intent to seek sexual gratification were genuinely disputed at least in respect of the charges of criminal sexual contact (that is, sexual contact without penetration as in the \u201cleg-rubbing\u201d incident). If that were the case, then the trial court would have to have had \u201cexplain[ed] precisely\u201d to the jury that limited purpose. It did not do so. Moreover, we doubt that the trial court would have found that so limited a purpose would pass the \u201cprobativeness/prejudice\u201d test required by Marrero, supra, 148 N.J. at 482, 691 A.2d 293. Because of the hardship that will be imposed by a retrial of this case, we must consider whether the error may be viewed as harmless. Our courts have on occasion found that inadequate (but not incorrect) limiting instructions were not so prejudicial to a defendant's fair-trial rights as to require the reversal of a conviction. State v. G.S., 145 N.J. 460, 476, 678 A.2d 1092 (1996); State v. Stevens, supra, 115 N.J. at 309, 558 A.2d 833; State v. Cusick, supra, 219 N.J.Super. at 467, 530 A.2d 806. Our dissenting members suggest that because the other-crime evidence might have been admissible for 2/22/25, 5:15 v. G.V., Defendant-Respondent. (2000) \| FindLaw 6/26 purposes other than to establish the main charge of aggravated sexual assault by penetration, we may view the case as though it were like G.S., Stevens, or Cusick. It is simply not possible to do so. In each of those cases the other-crime evidence was relevant to an issue genuinely disputed in the trial of the charge that led to conviction. In G.S., supra, the evidence of prior sexual abuse of children in Monmouth County was relevant to establish that the sexual contacts in Sussex County, for which he was convicted, were not \u201cinadvertent, accidental or unplanned.\u201d 145 N.J. at 469, 678 A.2d 1092. In Stevens, supra, the prior encounters by a law enforcement officer with women exhibited a purpose to seek sexual gratification, not to fight crime. 115 N.J. at 308, 558 A.2d 833. In Cusick, supra, the prior sexual misconduct tended to prove that the subject conduct was not an accident or mistake. 219 N.J.Super. at 465, 530 A.2d 806. As the Appellate Division noted, the genuinely disputed issues in this case were not that the intercourse with a child was the result of a mistake because inadvertent or accidental, or evidenced an absence of intent to seek sexual gratification. Intellectual honesty compels the conclusion that there is no genuine dispute that one who has sexual intercourse with an eight-year- old daughter has made a \u201cmistake\u201d or is not seeking sexual gratification. The analysis in G.S., Stevens and Cusick simply does not apply when the evidence is admitted for the wrong purpose. Neither absence of intent or accident or inadvertence or motive were genuinely at issue as to the main crime of sexual assault involving penetration. Because defendant objected to admission of the evidence, the error in admitting the other-crime evidence cannot be viewed under the less demanding plain error standard of Rule 2:10-2. Nor can the error be salvaged under the harmless error doctrine. If the evidence could not have come in on the main charge, as it did, the error cannot be viewed as harmless. Nothing could be more prejudicial than the erroneous admission of such testimony. The [harmless error] rule is essential \u201cto conserve judicial resources,\u201d but it must be applied with caution so as to assure \u201cthe vitality of the rules and procedures designed to assure a fair trial.\u201d \u2024 There is enormous potential for prejudice in the improper admission of a defendant's prior convictions. Commentators have suggested that such error should be considered harmful per se. See The Riddle of Harmless Error, where Chief Justice Traynor wrote: The erroneous admission of evidence of other crimes also carries such a high risk of prejudice as ordinarily to call for reversal. [State v. Atkins, 151 N.J.Super. 555, 570, 377 A.2d 718 (App.Div.1977), rev'd, primarily on issue of intoxication charge and that evidence of burglary was \u201cundisputed,\u201d 78 N.J. 454, 396 A.2d 1122 (1979) (internal citations omitted) (emphasis added in original).] 2/22/25, 5:15 v. G.V., Defendant-Respondent. (2000) \| FindLaw 7/26 \u201c[T]he question whether an error is reason for reversal depends finally upon some degree of possibility that it led to an unjust verdict.\u201d State v. Macon, 57 N.J. 325, 335, 273 A.2d 1 (1971). \u201c[U]pon that question the reviewing judge [is] inevitably remitted to his [or her] own conscientious judgment.\u201d Id. at 338, 273 A.2d 1. This Court has sought to prevent overuse of the \u201charmless error\u201d doctrine. In State v. Czachor, 82 N.J. 392, 404, 413 A.2d 593 (1980), the Court explained that \u201cerrors which impact substantially and directly on fundamental procedural safeguards \u2024 are not amenable to harmless error rehabilitation.\u201d As stated in State v. Simon, 79 N.J. 191, 206, 398 A.2d 861 (1979): \u201cErrors impacting directly upon \u2024 sensitive areas of a criminal trial are poor candidates for rehabilitation under the harmless error philosophy\u2024\u201d For this reason, the rule of harmless error should be summoned only with great caution in dealing with the breach of fundamental procedural safeguards \u201cdesigned to assure a fair trial.\u201d (Citations omitted). \u201cThere is widespread agreement that other-crime evidence has a unique tendency to turn a jury against the defendant. The likelihood of prejudice is acute when the proffered evidence is proof of a defendant's uncharged misconduct.\u201d State v. Stevens, supra, 115 N.J. at 302, 558 A.2d 833. Finally, even if the evidence had been admissible on the subsidiary issues in the case, the charge in this case left the jury wholly unguided as to how to use the evidence for such limited purposes. An erroneous charge will rarely stand on the ground that it was harmless error. State v. Weeks, 107 N.J. 396, 410, 526 A.2d 1077 (1987). Although reviewing courts are ordinarily reluctant to reverse on the ground of plain error when no objection to the charge has been made, it has been \u201crepeatedly emphasized that incorrect instructions of law are poor candidates for rehabilitation under the harmless error theory.\u201d Ibid. (citations omitted). These well-settled principles compel the conclusion that defendant's conviction must be reversed and the matter remanded for a new trial. In reversing the defendant's conviction in Oliver, the Court distinguished the cases in which instructional errors had been found to be harmless: By contrast, the trial court in this case did not explain the relationship between the other-crime evidence and the issues and facts on which it could be considered. Although the court did clearly instruct the jury that it was not to use the evidence to determine that defendant was a bad person or that he had been disposed to commit the crimes charged in the indictment, it did not clearly instruct the jury on how it could use the other-crime evidence. Precisely that situation prompted this Court to find reversible error in Cofield. [State v. Oliver, supra, 133 N.J. at 158-59, 627 A.2d 144 (emphasis added Although, then, we agree with the Appellate Division that the other-crime evidence was irrelevant to the aggravated sexual assault charge and inadmissible on that count, the evidence does have relevance to one of the defenses raised by the defendant at trial. It was a theory of the defense that Laura's story of 2/22/25, 5:15 v. G.V., Defendant-Respondent. (2000) \| FindLaw 8/26 sexual molestation was fabricated by Laura as revenge for her father's having abandoned her mother and her anger over his having come to the home with a new girlfriend. Evidence is relevant if it tends \u201cto prove or disprove any fact of consequence to the determination of the action.\u201d N.J.R.E. 401. In determining whether evidence is relevant, the inquiry should focus on the \u201clogical connection between the proffered evidence and a fact in issue.\u201d State v. Hutchins, 241 N.J.Super. 353, 358, 575 A.2d 35 (App.Div.1990), and \u201cwhether the [evidence offered] \u2018renders the desired inference more probable than it would be without the evidence.\u2019 \u201d State v. Davis, 96 N.J. 611, 619, 477 A.2d 308 (1984) (quoting State v. Deatore, 70 N.J. 100, 358 A.2d 163 (1976)). If the evidence offered makes the inference to be drawn more probable, then the evidence should be admitted unless otherwise excludable by a rule of law. Biunno, Current N.J. Rules of Evidence, comment 1 on N.J.R.E. 401 (1998-1999). The fact in issue is bias on the part of Laura. Does Linda's testimony make it more probable that Laura's testimony was not the product of bias? In some sense Linda's testimony is similar to that which was offered in Stevens, supra, 115 N.J. at 295-97, 558 A.2d 833. Recall that in Stevens a police officer was charged with official misconduct involving strip searches of arrested women that were motivated by the officer's desire for sexual gratification. The State presented evidence of previous incidents in which the officer induced other female arrestees to undress or provide sexual favors. If the testimony of the other women in Stevens had a tendency in reason to make more probable the inference that the strip searches had a purpose other than law enforcement, the testimony of another daughter in this case would appear to make it more probable that bias was not the motivation for Laura's testimony. Put another way, is it logical to conclude that two daughters would be less likely to trump up testimony than one? See also State v. G.S., supra, 145 N.J. at 475, 678 A.2d 1092 (holding that evidence of uncharged prior sexual assaults on the same victim were admissible as bearing on the credibility of the victim). The difficulty in using the other-crime evidence to assess bias on the part of the child-victim in this case is that bias of the witness because of a vendetta against the father is not, in the first instance, a material issue that is genuinely in dispute. It is only when defendant puts the bias of the witness (on account of a vendetta) into issue that the evidence would be admissible. If, at the hearing prior to trial under Evidence Rule 104, defendant disclaims the use of the vendetta defense, the State would have no basis for admitting the evidence. On the other hand, if the defendant renews the vendetta defense, it appears to us that the testimony of the older sister is relevant to show that the testimony of Laura is not the product of bias. Of course, the trial court would have to complete the Marrero analysis, balancing the probative worth of the evidence against its prejudicial effect. (Not all members concurring in Part would require the probative-prejudice analysis, Coleman, J., concurring, post at 281, 744 A.2d at 154, but we believe that the trial court should do the complete analysis in light of the revised purpose for which the evidence is to be offered.) The State also suggests that the other-crime evidence might be relevant to establish the disputed fact of access or the opportunity to have been alone with the child. See State v. Oliver, supra, 133 N.J. 141, 627 A.2d 144 (discussing relevance of prior sexual attacks on women in an 2/22/25, 5:15 v. G.V., Defendant-Respondent. (2000) \| FindLaw 9/26 upstairs apartment when defense of feasibility was asserted). The issue of feasibility, however, was not \u201cgenuinely in dispute,\u201d Marrero, supra, 148 N.J. at 482, 691 A.2d 293, and, unless it is genuinely disputed on retrial, cannot provide a basis for admission of the other-crime evidence. The judgment of the Appellate Division is affirmed. The matter is remanded to the Law Division for further proceedings in accordance with this opinion. The Appellate Division concluded that Linda's testimony was improperly admitted at defendant's trial and that a retrial is in order. To the extent that the majority affirms that conclusion concur. Where part company from my colleagues is in connection with their separate determination that Linda's testimony may be relevant, and therefore possibly admissible on another basis-to refute the so-called \u201cvendetta defense.\u201d More particularly, the majority reasons that Linda's testimony may be admissible because it makes it \u201cmore probable\u201d that Laura's testimony was not the product of bias respectfully disagree. Linda's testimony does not, in any legitimate way, address Laura's bias or vendetta. The kind of evidence that would be relevant on those issues would be testimony, for example, from Linda, or some other person, that Laura expressed no animosity against defendant, indicated her love for him or accepted her parents' break up with equanimity. Linda's testimony could not be further from that point. Indeed, the only logical link between Linda's testimony and Laura's possible bias is defendant's propensity to commit sex crimes. The only way that Linda's testimony can be related to Laura's bias is if a jury reaches the conclusion that because defendant committed sexual acts against Linda, it is more likely that he committed them against Laura and thus, it is more likely that Laura is being truthful and unbiased when she reports them. This is exactly what N.J.R.E. 404(b) was meant to prohibit. Linda's testimony does not make it more likely that Laura is not biased. It simply does not follow that two daughters, angry at their father's treatment of their mother, would be less likely than one to trump up a story. What is more likely is that the jury will conclude that because defendant had sexual contact with Linda he must have done so again with Laura. The Federal Rules have recently cast off 200 years of evidentiary practice in cases like this by allowing the use, for any relevant purpose, of sexual assault or child molestation evidence not charged in the indictment or information. Fed.R.Evid. 413, 414, 415. See Jeffrey G. Pickett, The Presumption of Innocence Imperilled: The New Federal Rules of Evidence 413-415 and the Use of Other Sexual Evidence in Washington, 70 Wash. L.Rev. 883 (1995). Based on their prior opinions as to the importance of N.J.R.E. 404(b do not believe that my colleagues in the majority would subscribe to such a scheme. It is therefore hard for me to understand why they are willing to allow this most meager pretext to justify admission of what is clear propensity evidence, when by doing so they are effectively dismantling the Rule. 2/22/25, 5:15 v. G.V., Defendant-Respondent. (2000) \| FindLaw 10/26 The majority has concluded that defendant's convictions for aggravated sexual assault, sexual assault, endangering the welfare of a child, and terroristic threats must be reversed. The basis for the reversal is the Court's conclusion that other-crime evidence presented by the victim's sister was too prejudicial. Justices O'Hern and Stein nonetheless conclude that the same evidence, relevant to rebut the vendetta defense in the prior trial, may be reintroduced at a new trial if that defense is asserted again. Because find any error related to the admissibility and jury instructions regarding that evidence to be harmless would uphold the convictions. Hence dissent. I. L.V., the victim, was born in 1979 and lived in the same house with her mother, N.V., and her father, the defendant. L.V.'s older sister, L.J.V., who was born in 1971, and their two younger brothers also lived in the same house with their parents. In 1985, when L.V. was six years old, defendant began frequently fondling her breasts and vagina. From time to time, defendant had L.V. touch defendant's penis. When L.V. was eight years old, defendant began having sexual intercourse with her. On some occasions, defendant forced L.V. to engage in sexual relations with one of her brothers, who is four years younger than L.V. Defendant usually assaulted his daughter at night while N.V. was at work. Defendant threatened L.V. that if she told anyone, he would kill her, her family, and her cats. Defendant ended the incest in 1990 when L.V. was ten years old. In 1988 or 1989, Marilyn Peterson (Peterson) and her husband visited defendant and his family. Peterson testified that, while the Petersons, defendant, and L.V. were in the living room, she noticed L.V. rubbing defendant's shoulder. Defendant then placed L.V. on his lap and started \u201cstroking\u201d the outside of her thigh in what appeared to be a \u201csexual way.\u201d In January 1992, N.V. obtained a temporary restraining order (TRO) against defendant for reasons unrelated to the alleged sexual misconduct. When L.V. learned that her mother had applied to have the dismissed, L.V. became extremely upset. Her mother found L.V. staring into space, unable to speak, with her body \u201cclenched.\u201d Shortly thereafter, L.V. was admitted for nine weeks to Riverview and Fair Oaks Hospitals, where she was treated for anorexia and bulimia. While hospitalized at Fair Oaks, another girl confided in L.V. that she had been raped. Later that evening, L.V. told the girl about defendant's sexual attacks upon her. At the girl's advice, L.V. informed a nurse that her father had sexually assaulted her. On or about February 14, 1992, the Division of Youth and Family Services (DYFS) was notified; it informed N.V. Defendant was arrested on February 20, 1992. When N.V. asked L.J.V. whether she also had been sexually assaulted by defendant, L.J.V. responded affirmatively. Before L.J.V. testified, the trial court conducted a hearing pursuant to N.J.R.E. 104(a) to determine the admissibility of other crimes or uncharged misconduct evidence to be presented by L.J.V. The trial court concluded that L.J.V.'s testimony was admissible on the issues of intent and the absence of accident or mistake. The trial court concluded that although the sexual misconduct against L.J.V. occurred when 2/22/25, 5:15 v. G.V., Defendant-Respondent. (2000) \| FindLaw 11/26 she was very young and six years prior to the alleged acts against L.V., the behavior was similar to that which defendant was alleged to have done to L.V. The trial court found the proffered testimony by L.J.V. more probative than prejudicial. L.J.V. was twenty-five years old when she testified at trial in April 1996. She testified that defendant sexually abused her from the age of four to the age of eight, which was between 1975 and 1979. When she was six years old, defendant began having sexual intercourse with her daily. The assaults occurred at night while N.V. was at work or otherwise out of the house. Defendant told L.J.V. not to tell and warned her that if she did, he would hurt N.V. Defendant testified and denied the charges, asserting that they had been fabricated. He testified that he \u201cgot in a scuffle about my girlfriend\u201d with L.J.V. and N.V. on January 14, 1992, and a was obtained as a result. He claimed that L.V. made up the charges against him because she was jealous and hurt that he had left the family for a girlfriend. He stated that the incident witnessed by Peterson was simply an attempt by him to apply rubbing alcohol to a scratch on L.V.'s leg. Finally, defendant testified that N.V. was at home and not working during the time when L.V. alleged that he sexually assaulted her. As noted previously, the jury convicted defendant on all charges. The Appellate Division, however, found that the other-crime evidence was more prejudicial than probative, that insufficient grounds existed for the trial court to hold otherwise, and that the trial court had erred in relying on State v. Oliver, 133 N.J. 141, 627 A.2d 144 (1993), to admit the other-crime evidence. The Appellate Division concluded that the other-crime evidence was not admissible to show the absence of accident or mistake because defendant did not \u201cclaim[ ] that he was merely being affectionate towards his daughter and showing her fatherly love.\u201d The panel also found that the other- crime evidence was not admissible to show intent because there was no \u201cmaterial factual dispute with regard to whether [defendant] was seeking sexual gratification.\u201d The panel determined that the prosecution offered L.J.V.'s testimony \u201cfor no reason other than to demonstrate that defendant was predisposed to engaging in sexual conduct with his daughters in their prepubescent years.\u201d The Court granted the State's petition for certification. 157 N.J. 645, 725 A.2d 1126 (1999). II. A. The State argues that the trial court applied the correct standard when it decided to admit the other- crime evidence and that the Appellate Division exceeded the proper scope of appellate review of the trial court's determination. The State also argues that the Appellate Division unfairly imposed on it \u201cthe burden to accurately anticipate a defendant's defense before use of other crimes evidence under N.J.R.E. 404(b) may be permitted.\u201d Finally, the State contends that even if the other-crime evidence was 2/22/25, 5:15 v. G.V., Defendant-Respondent. (2000) \| FindLaw 12/26 inadmissible, that error was harmless given the quantity and quality of the other evidence establishing defendant's guilt. B. First focus on the charges for which defendant was on trial to determine what evidence was relevant to establish the elements of the offenses. Generally, relevant evidence \u201cmeans evidence having a tendency in reason to prove or disprove any fact of consequence to the determination of the action.\u201d N.J.R.E. 401. Here, circumstantial evidence was presented by L.J.V. to prove the absence of accident or mistake and to infer that the alleged touchings of L.V.'s intimate parts were for defendant's gratification. Circumstantial evidence, if relevant, will be admissible. Circumstantial evidence, however, may be \u201c \u2018so unrevealing as to be irrelevant.\u2019 \u201d State v. Allison, 208 N.J.Super. 9, 17, 504 A.2d 1184 (App.Div.1985) (citation omitted). Defendant was tried for first-degree aggravated sexual assault upon L.V., occurring on various dates between January 12, 1985 and January 12, 1990, by having vaginal intercourse with her while she was less than thirteen years old. \u201cAn actor is guilty of aggravated sexual assault if he commits an act of sexual penetration with another person [and] \u2024 [t]he victim is less than 13 years old.\u201d N.J.S.A. 2C:14- 2a(1). The mental culpability for this offense requires the actor to act knowingly. N.J.S.A. 2C:2-2c(3); State v. Zeidell, 154 N.J. 417, 428, 713 A.2d 401 (1998), see also State v. Rovito, 99 N.J. 581, 586, 494 A.2d 309 (1985 person acts knowingly if he or she is aware of the nature of his or her conduct. N.J.S.A. 2C:2-2b(2). Defendant never asserted that the alleged vaginal intercourse with L.V. was either accidental or mistaken. Rather, he contended that he did not engage in the conduct. Defendant also was tried for committing sexual assault upon L.V. on various dates between January 12, 1985 and January 12, 1990 while the victim was less than thirteen years old. \u201cAn actor is guilty of sexual assault if he commits an act of sexual contact with a victim who is less than 13 years old and the actor is at least four years older than the victim.\u201d N.J.S.A. 2C:14-2b. Here, \u201c \u2018[s]exual contact\u2019 means an intentional touching by the victim or actor, either directly or through clothing, of the victim's or actor's intimate parts for the purpose of degrading or humiliating the victim or sexually arousing or sexually gratifying the actor.\u201d N.J.S.A. 2C:14-1d. \u201c \u2018Intimate parts' means \u2024 sexual organs, genital area, anal area, inner thigh, groin, buttock or breast of a person.\u201d N.J.S.A. 2C:14-1e. To prove sexual assault, the State was obligated to demonstrate that L.V. was less than thirteen years old and that defendant touched her with the purpose or intent to degrade or humiliate L.V. or to sexually arouse or gratify himself. Defendant was also charged with endangering the welfare of L.V. by engaging in the same sexual misconduct with her that formed the basis of the other counts. The other-crime evidence was not offered to sustain the charges of endangerment or terroristic threats. Consequently will restrict my 2/22/25, 5:15 v. G.V., Defendant-Respondent. (2000) \| FindLaw 13/26 analysis to whether other-crime evidence should have been introduced to establish a relevant disputed fact under the charges of aggravated sexual assault and sexual assault. III. At the time of defendant's trial in April 1996, the admissibility of other-crime evidence was governed by N.J.R.E. 404(b), which states: Evidence of other crimes, wrongs, or acts is not admissible to prove the disposition of a person in order to show that he acted in conformity therewith. Such evidence may be admitted for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity or absence of mistake or accident when such matters are relevant to a material issue in dispute. [N.J.R.E. 404(b) ]. That rule makes it clear that other-crime evidence is admissible only if relevant to prove some other disputed fact genuinely at issue in the case. See generally State v. Marrero, 148 N.J. 469, 482, 691 A.2d 293 (1997); State v. Oliver, 133 N.J. 141, 627 A.2d 144 (1993); State v. Stevens, 115 N.J. 289, 300, 558 A.2d 833 (1989). \u201cWhere the other-crime evidence tends to make the existence of a material fact reasonably likely, [the other-crime evidence] is admissible subject to the \u2018probativeness/prejudice\u2019 balancing under \u2024 N.J.R.E. 403.\u201d Marrero, supra, 148 N.J. at 482, 691 A.2d 293. In other words, relevant evidence may be excluded pursuant to N.J.R.E. 403, which provides: Except as otherwise provided by these rules or other law, relevant evidence may be excluded if its probative value is substantially outweighed by the risk of (a) undue prejudice, confusion of issues, or misleading the jury or (b) undue delay, waste of time, or needless presentation of cumulative evidence. [N.J.R.E. 403]. Over the years, a four-part test has evolved for making the determinations required by N.J.R.E. 403(a) and 404(b). The test is as follows: 1. The evidence of the other crime must be admissible as relevant to a material issue; 2. It must be similar in kind and reasonably close in time to the offense charged; 3. The evidence of the other crime must be clear and convincing; and 4. The probative value of the evidence must not be outweighed by its apparent prejudice. [State v. Cofield, 127 N.J. 328, 338, 605 A.2d 230 (1992) (internal citations omitted) ]. 2/22/25, 5:15 v. G.V., Defendant-Respondent. (2000) \| FindLaw 14/26 Relevancy is the hallmark of admissibility of evidence. In determining whether evidence is relevant, the inquiry should focus on \u201cthe logical connection between the proffered evidence and a fact in issue.\u201d State v. Hutchins, 241 N.J.Super. 353, 358, 575 A.2d 35 (App.Div.1990). \u201cIf the evidence offered makes the inference to be drawn more logical, then the evidence should be admitted unless otherwise excludable by a rule of law.\u201d State v. Covell, 157 N.J. 554, 565, 725 A.2d 675 (1999). Relevant evidence can be both direct and circumstantial. Here, L.J.V. offered only circumstantial evidence. Consequently, \u201c[r]elevance is the screen which permits the admission of evidence of similar identifiably associated conduct while screening out evidence of misconduct which has no relationship with the conduct on trial.\u201d State v. Gookins, 263 N.J.Super. 58, 63, 621 A.2d 968 (App.Div.1993), rev'd on other grounds, 135 N.J. 42, 637 A.2d 1255 (1994). A. Under the first part of the Cofield test disagree with the trial court that L.J.V.'s testimony was relevant to whether defendant had vaginal intercourse with L.V., or what his motive or intention was, given that the child was between eight and ten years old. Indeed, the proffered defense to the charge of aggravated sexual assault was a general denial and not that he accidentally or mistakenly raped his daughter. Furthermore, the first-degree aggravated sexual assault based upon defendant having sexual intercourse with his eight to ten year old daughter did not require the State to prove sexual gratification. N.J.S.A. 2C:14-2a. Yet, the jury was instructed that it could consider L.J.V.'s testimony as bearing \u201con defendant's motive for allegedly touching or performing sexual intercourse upon [L.V.], that is, to obtain some sort of sexual gratification. Or on the issue of his intention to touch her or to have intercourse with her.\u201d Thus, the first prong of the Cofield test, requiring the other-crime evidence to be relevant, was not satisfied regarding the aggravated sexual assault. None of L.J.V.'s testimony was relevant to establish an element of that charge. However, as will be discussed later, L.J.V.'s testimony was relevant to the vendetta defense raised as part of defendant's general denial to all of the charges. Defendant also presented a general denial defense to the charge of sexual assault. The one possible exception was the single incident in 1988 or 1989 in which Peterson testified that she saw defendant stroking L.V.'s outer thigh in a \u201csexual way.\u201d Defendant's justification for that touching was that he was using rubbing alcohol to tend to a scratch of L.V.'s thigh. Although the defense to that event was neither accident nor mistake, but that the touching was for medicinal purposes, L.J.V.'s testimony was not relevant to any material issue related to the Peterson episode because that touching did not involve an intimate part of the body. N.J.S.A. 2C:14-1e. Because the Peterson episode did not involve an intimate part, defendant's intent or motive for that touching was not relevant. Nonetheless, L.J.V.'s testimony was relevant to the other episodes of alleged sexual assault because one of the statutory elements of that offense required the State to prove the touching of L.V.'s intimate parts was for the purpose of degrading or humiliating the victim or for defendant's sexual arousal or sexual 2/22/25, 5:15 v. G.V., Defendant-Respondent. (2000) \| FindLaw 15/26 gratification. N.J.S.A. 2C:14-1d. Despite defendant's denial that he touched L.V.'s intimate parts, the State was required to prove both their occurrence and the unlawfulness of the touchings. Stevens, supra, 115 N.J. at 307, 558 A.2d 833. The jury was instructed that L.J.V.'s testimony could be used to draw an inference that the touching of L.V.'s intimate parts was unlawful as required by N.J.S.A. 2C:14- 1d. B. The second prong of the Cofield test, requiring the other-crime evidence be similar in kind and reasonably close in time to the indicted offense of sexual assault, is satisfied. The incidents involving the two children are similar. L.J.V. testified that her father sexually assaulted her between the ages of four and ten and that he had sexual intercourse with her daily after she became six. The incidents with L.V. are alleged to have occurred at about the same age am also satisfied that the temporal requirement is met. The incidents with L.J.V. were about six years before the alleged sexual misconduct started with L.V. See State v. Hasher, 246 N.J.Super. 495, 498-99, 587 A.2d 1341 (Law Div.1991) (finding six year difference between incidents not too remote). The temporal requirement is intended to enhance credibility. However, the nature of the crime is as important as the passage of time in evaluating credibility. State v. Sands, 76 N.J. 127, 144-45, 386 A.2d 378 (1978); see also Covell, supra, 157 N.J. at 569, 725 A.2d 675. The second prong of the Cofield test, will of necessity, make the other-crime evidence similar to proof of propensity. Hence, the Court has recognized that because of this admissibility requirement, other-crime evidence is almost always prejudicial. State v. G.S., 145 N.J. 460, 468, 678 A.2d 1092 (1996). C. Part three of the Cofield test requires that the other-crime evidence be clear and convincing. This factor requires some showing that the person against whom the evidence is being used actually committed the other crime or wrong. Burbridge v. Paschal, 239 N.J.Super., 139, 155, 570 A.2d 1250 (App.Div.), certif. denied, 122 N.J. 360, 585 A.2d 369 (1990). The State has the burden to prove the defendant's responsibility for the prior offense by clear and convincing proof. State v. Harvey, 121 N.J. 407, 433, 581 A.2d 483 (1990). The trial court noted that L.J.V.'s \u201crecollection obviously has to be clouded because of the time lapse and the age of the alleged victim at that time,\u201d but nonetheless concluded that \u201cthe basic story sounds believable and will not exclude the testimony on the grounds that it was not clear and convincing.\u201d Given the trial court's unique opportunity to assess L.J.V.'s credibility, that finding was not an abuse of discretion. D. 2/22/25, 5:15 v. G.V., Defendant-Respondent. (2000) \| FindLaw 16/26 The fourth prong of Cofield required the trial court to balance the probative value of L.J.V.'s testimony against its prejudicial impact as required by N.J.R.E. 403. Marrero, supra, 148 N.J. at 482, 691 A.2d 293. Because of the damaging nature of L.J.V.'s testimony, the trial court was obligated to \u201cconsider \u2024 whether its proffered use in the case can adequately be served by other evidence.\u201d Stevens, supra, 115 N.J. at 303, 558 A.2d 833. In other words, under the fourth prong of the Cofield test, the availability of other, less-inflammatory evidence to prove a fact genuinely in issue is \u201c[a]n important factor in weighing the probative value of other-crime evidence.\u201d Oliver, supra, 133 N.J. at 151, 627 A.2d 144. \u201cProbative value is enhanced by the absence of any other evidence that can prove the same point.\u201d Covell, supra, 157 N.J. at 569, 725 A.2d 675. In addition, evidence of motive or intent \u201crequire[s] a very strong showing of prejudice to justify exclusion.\u201d Id. at 570, 725 A.2d 675. As noted previously, to prove the tender-years sexual assaults against defendant, the State had to prove that defendant touched one or more of L.V.'s intimate parts for one of four purposes: \u201ceither degrading or humiliating [L.V.], or sexually arousing or sexually gratifying the defendant-actor.\u201d Zeidell, supra, 154 N.J. at 428, 713 A.2d 401. The trial court informed the jury that although defendant denied touching his daughter in a sexual way, the State nonetheless had to prove that defendant not only touched L.V.'s intimate parts, but also that his intention or motive was for his sexual gratification. Without proof of defendant's intention or motive, the jury could have concluded that the touching was accidental or was consistent with fatherly touchings as opposed to sexual gratification. Without L.J.V.'s testimony that defendant also touched her intimate parts when she was about the same age as L.V., the State would have been without those essential proofs am persuaded that because the State could not produce a sufficient quantity of quality less- inflammatory evidence regarding defendant's motive or intention, a genuinely disputed fact in the case, the probative value of the other-crime evidence is enhanced. For two years before the penetrations began, the State alleged that defendant committed sexual assaults upon L.V. Therefore, when L.V. was between the ages of six and eight, there was no penetration from which intent or motive could be inferred. The threats to harm L.V., her family and pets were made, and the Peterson episode occurred, after the penetrations began and cannot be used to infer intent during the prior two years. Although L.V. testified that defendant assaulted her over a period of time, defendant attacked her credibility and asserted a vendetta defense. Consequently, the trial court did not abuse its discretion when it determined that the showing of prejudice had not risen to the level that required exclusion of the other- crime evidence regarding defendant's motive or intention. The trial court made a discretionary ruling. This is a case in which reasonable minds might differ concerning whether to admit the other-crime evidence. When \u201creasonable minds can and [do] differ about [a N.J.R.E. 404(b) ] decision to admit other-crime evidence based on the probative-prejudicial balancing test,\u201d State v. Stevens, supra, 115 N.J. at 303, 558 A.2d 833, our law requires that the trial court's ruling be accorded deference. Marrero, supra, 148 N.J. at 483, 691 A.2d 293. Because find 2/22/25, 5:15 v. G.V., Defendant-Respondent. (2000) \| FindLaw 17/26 that the trial court's decision regarding the admissibility of the other-crime evidence was determined after making a proper contextual evaluation of the probative and prejudicial impact of that evidence conclude that the fourth prong of the Cofield test was satisfied regarding the charge of sexual assault. IV. In view of my conclusion that the trial court properly admitted other-crime evidence that was relevant to defendant's intent and motive when he had sexual contact with L.V. regarding the sexual assault charges must now determine whether the trial court's jury instruction limiting the use of that evidence constitutes plain error. The court was obligated to properly instruct the jury and \u201c \u2018to explain precisely the permitted and prohibited purposes of the evidence, with sufficient reference to the factual context of the case to enable the jury to comprehend and appreciate the fine distinction to which it is required to adhere.\u2019 \u201d Cofield, supra, 127 N.J. at 341, 605 A.2d 230 (citation omitted). Regarding the sexual assault charge, the trial court explained both how that evidence could and could not be used as follows: Now, ladies and gentlemen, you heard testimony from [L.J.V.] that she was sexually assaulted by the defendant between 1975 and 1979. As you know, [G.V.] is not on trial for this offense. And normally our Rules of Evidence would prohibit such evidence. This evidence was submitted to you for a very limited purpose which will explain shortly. First let me tell you what the evidence was not submitted for and how you cannot use it. This evidence was not submitted to you to show that the defendant is a bad person or has a disposition which shows he is likely to have committed the crimes which he is charged in this indictment for. Similarly, this evidence was not submitted to you to show a general disposition of the defendant to commit bad acts. This is not the purpose of allowing such testimony and it should not be considered by you as such. The Rules of Evidence do, however, permit such testimony where such evidence relates to some other fact in issue in the case, such as the absence of mistake or accident in the touching, or the intent of the defendant in the touching. Here the evidence was admitted as it may bear on the issue of whether the alleged touching of [L.V.] was accidental or by mistake. Likewise, it may also bear on the defendant's motive for allegedly touching or performing sexual [intercourse] upon [L.V.], that is, to obtain some sort of sexual gratification. Or on the issue of his intention to touch her or to have intercourse with her. Whether or not such testimony does or does not in fact bear on those issues in this case is for you and you alone to decide. If you decide that such testimony was not credible or does not bear on any of those issues in this case, you should disregard the testimony as not being helpful to you. If you find the 2/22/25, 5:15 v. G.V., Defendant-Respondent. (2000) \| FindLaw 18/26 testimony to be credible and bearing on one or more of those issues just mentioned, you may consider the testimony in that respect. It is for you and you alone to decide how to use that testimony in that framework. Thus, the jury charge included both the anti-propensity instruction and an instruction that the evidence could not be used to conclude that defendant was a bad person, while also informing the jury that the evidence could be used to show motive, intent, or lack of accident or mistake regarding the sexual assault. There was still another purpose for which the jury could have used the other-crime evidence. That additional purpose was undoubtedly overlooked because the trial court conducted the N.J.R.E. 104 hearing and made its ruling regarding other-crime evidence prior to trial. The court did not know at that time that defendant intended to offer a vendetta defense, claiming that L.V. and L.J.V. were out to get him because he had separated from their mother and had a girlfriend. The trial court was never asked, and therefore never decided, whether L.J.V.'s testimony was admissible to rebut the vendetta defense. In State v. G.S., supra, 145 N.J. at 475, 678 A.2d 1092, this Court held that other-crime or bad-conduct evidence is admissible to rebut a vendetta defense. There, defendant asserted that his teenage stepdaughter had manufactured stories of molestation in an effort to have him removed from the house. Ibid. The other-crime evidence was admitted to demonstrate that the victim's mother had not believed the victim when she asserted that G.S. had sexually assaulted her before. The fact that G.S. involved a prior crime with the same victim and the present case involves two sisters is not a distinction that should preclude application of the same rule of law. Oliver, supra, 133 N.J. at 153, 627 A.2d 144, held that other-crime evidence was admissible to prove the feasibility of the defendant committing a sexual assault while other people were in the home and the defendant's use of pretext to lure victims into his room. Thus, both G.S. and Oliver are cases in which other-crime evidence was used for purposes other than those enumerated in N.J.R.E. 404(b conclude, therefore, that L.J.V.'s testimony was admissible on the issues of L.V.'s credibility and whether there was a vendetta against defendant. Two members in the majority agree that the other-crime evidence can be used to rebut a vendetta defense in a retrial. Infra at 278-79, 744 A.2d at 152-53. Justice Long's opinion, arguing for the exclusion of the evidence on retrial, does not discuss State v. G.S. or State v. Oliver. Finally must address whether the trial court's instruction that permitted the jury to use the other-crime evidence for an irrelevant purpose under the aggravated sexual assault charge resulted in prejudice to defendant. The issue arises as plain error because there was no objection to the court's jury instruction regarding the use of other-crime evidence. R. 2:10-2; R. 1:7-2. Plain error requires a reversal if it is \u201cclearly capable of producing an unjust result.\u201d R. 2:10-2. \u201c[T]he test to apply is whether the possibility of injustice is \u2018sufficient to raise a reasonable doubt as to whether the error led the jury to a result it otherwise might not have reached.\u2019 \u201d State v. G.S., supra, 145 N.J. at 473, 678 A.2d 1092 (quoting State 2/22/25, 5:15 v. G.V., Defendant-Respondent. (2000) \| FindLaw 19/26 v. Macon, 57 N.J. 325, 336, 273 A.2d 1 (1971)). In other words, the error complained of must have the clear capacity to bring about an unjust result. State v. Jordan, 147 N.J. 409, 422, 688 A.2d 97 (1997). My examination of the record persuades me that the jury charge that permitted the use of the other- crime evidence to show intent or motive for having sexual intercourse with L.V. did not create a real possibility that the jury reached the wrong result or significantly added to the likelihood that defendant would be found guilty of aggravated sexual assault. Motive, intent, and sexual gratification were not relevant to that charge. The jury also was instructed that it should disregard the other-crime evidence if it found the evidence was not probative of defendant's intent or motive for touching L.V. or having sexual intercourse with her. If the jury believed that defendant had sexual intercourse with his eight-year-old daughter, the evidence of guilt was overwhelming. There was no claim that the alleged sexual intercourse was not knowing am satisfied, therefore, that the instruction that permitted the jury to consider the other-crime evidence regarding intent, motive, mistake, accident or sexual gratification under the aggravated sexual assault charge was harmless. There is an additional reason why the erroneous jury instruction was harmless error. As stated previously, and two members in the majority agree, infra at 278-79, 744 A.2d at 152-53, the other-crime evidence was relevant to rebut the vendetta defense. Because that evidence was admissible for that purpose, the fact that the jury was not instructed that it could be used for that additional purpose did not prejudice defendant. The jury was instructed that the other-crime evidence could not be used to show defendant is a bad person or has the predisposition to commit crimes in general or the crimes charged in the indictment. That instruction sufficiently precluded the jury from misusing that evidence. If anything, the lack of such an instruction benefitted defendant because the jury was not informed that the evidence could be used in another way to assist the State with its burden of proof. Because the other- crime evidence would be admissible to rebut the vendetta defense in the event of a new trial, see R.S. v. Knighton, 125 N.J. 79, 97, 592 A.2d 1157 (1991) (suggesting a new trial should not be ordered if the same evidence would be admissible on retrial); State v. Bethune, 121 N.J. 137, 146, 578 A.2d 364 (1990) (same), the erroneous jury instruction that permitted L.J.V.'s testimony to be used to determine defendant's motive, intent, and purpose for having sexual intercourse with his eight-year-old daughter lacked the capacity to bring about an unjust verdict would reverse the judgment of the Appellate Division and remand the case to that court to decide the other issues raised that have not been decided. Because the majority has ordered a new trial concur with Justices O'Hern and Stein that the other-crime evidence is admissible in a new trial to rebut a vendetta defense, if raised CURIAM. 2/22/25, 5:15 v. G.V., Defendant-Respondent. (2000) \| FindLaw 20/26 Was this helpful? Yes No Welcome to FindLaw's Cases & Codes free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law. Go to Learn About the Law v. G.V., Defendant-Respondent. (2000) Decided: January 27, 2000 Court: Supreme Court of New Jersey. 2/22/25, 5:15 v. G.V., Defendant-Respondent. (2000) \| FindLaw 21/26 Need to find an attorney? Search our directory by legal issue Enter information in one or both fields (Required) Find a lawyer \uf105 \uf105Practice Management \uf105Legal Technology \uf105Law Students Legal issue need help near (city code or country) Bahawalpur, Punjab \uf057 For Legal Professionals 2/22/25, 5:15 v. G.V., Defendant-Respondent. (2000) \| FindLaw 22/26 Get a profile on the #1 online legal directory Harness the power of our directory with your own profile. Select the button below to sign up. Sign up \uf105 Enter your email address to subscribe * Indicates required field Get email updates from FindLaw Legal Professionals Email * 2/22/25, 5:15 v. G.V., Defendant-Respondent. (2000) \| FindLaw 23/26 Learn more about FindLaw\u2019s newsletters, including our terms of use and privacy policy. Learn About the Law Get help with your legal needs FindLaw\u2019s Learn About the Law features thousands of informational articles to help you understand your options. And if you\u2019re ready to hire an attorney, find one in your area who can help. Go to Learn About the Law \uf105 \uf105 2/22/25, 5:15 v. G.V., Defendant-Respondent. (2000) \| FindLaw 24/26 Need to find an attorney? Search our directory by legal issue Enter information in one or both fields (Required) Find a lawyer Questions? At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Contact us. Stay up-to-date with how the law affects your life. Sign up for our consumer newsletter \uf105 Our Team Accessibility Contact Us \uf105 By Location By Legal Issue By Lawyer Profiles Legal Forms & Services Learn About the Law State Laws U.S. Caselaw U.S. Codes Legal issue need help near (city code or country) Bahawalpur, Punjab \uf057 2/22/25, 5:15 v. G.V., Defendant-Respondent. (2000) \| FindLaw 25/26 US: \uf09a \uf16a \uf16d By Name Copyright \u00a9 2025, FindLaw. All rights reserved. Terms > \| Privacy > \| Disclaimer > \| Cookies > 2/22/25, 5:15 v. G.V., Defendant-Respondent. (2000) \| FindLaw 26/26", "7327_104.pdf": "Harassment case sparks protest by students Published March 20, 1991 \| Updated Oct. 12, 2005 About 200 law school students marched to the Emory University administration building on Tuesday to protest the university's handling of sexual harassment allegations against a professor. The professor, Abraham P. Ordover, founder and head of Emory's litigation department, was accused of kissing students without their permission, inviting them on dates and calling them at home, according to Jeffrey Strauss, a third-year student at the law school who filed the complaint on Feb. 28 on behalf of 13 women students. On Monday, the dean of the law school, Howard O. Hunter, said Ordover had been cleared of sexual harassment charges by a committee of three professors. The panel characterized Ordover's actions as \"inappropriate\" but said they did not constitute sexual harassment \"in the context in which they occurred On Tuesday, Hunter issued a statement saying Ordover had received a formal reprimand and had been told to \"follow clearly defined standards of behavior in his relationships with students\" or risk disciplinary action. \"We are totally dissatisfied with the committee's findings,\" Strauss said Tuesday don't understand Emory's definition of sexual harassment. There is no context that can make those actions appropriate am personally disillusioned and outraged at the lack of sensitivity shown to the women who were courageous enough to come forward,\" he added Donate Menu Subscribe Subscribe 2/22/25, 5:15 Harassment case sparks protest by students 1/4 Ordover, 54, has declined to comment on the allegations. The students at the protest on Tuesday read a list of six demands _ in unison, with each student holding a sheet of paper _ as the dean and the university's president, Dr. James T. Laney, stood listening. The primary requests were that Ordover be suspended from teaching this semester and be prohibited from teaching any first-year courses in the future. Other demands included making counseling available for students concerned about the case and establishing an appeals panel for such matters. The students also called for a committee of eight students and two faculty members to study the case, present findings and give recommendations to improve the handling of such cases in the future At a meeting held after the protest, Laney said he would appoint a committee of students and faculty to assess the grievance process used in such situations but not to discuss Ordover's case further. The march followed a daylong boycott of classes by up to 200 of the 650 students at the law school, during which many students sat outside writing letters to administrators. Scott Sanders, president of the Student Bar Association, said the boycott and march sought to show support for the women who had come forward with the allegations and to express concern about the way Emory addressed the problem. \"We are not coming to any conclusions, but we deserve a more adequate committee report and a better investigation,\" he said The Alarming Rise of Colorectal Cancer in Millennials: 3 Things You... By Moffitt Cancer Center Rays shut out in exhibition opener against Yankees in Tampa Read More Donate Menu Subscribe Subscribe 2/22/25, 5:15 Harassment case sparks protest by students 2/4 After a baby was born in a hurricane shelter, a witness is left wondering Nov. 19, 2024 \u2022 Hurricane Hurricane Helene to keep Tampa Bay area schools closed Friday Sept. 26, 2024 \u2022 Hurricane More Florida faculty still looking to leave the state, survey shows Sept. 18, 2024 \u2022 Archive Drivers could cross the new Howard Frankland in six months. Here\u2019s what\u2019s left. Aug. 12, 2024 \u2022 Transportation What to expect from the Lightning at trade deadline March 3, 2024 \u2022 Sports Tampa council approves $14 million to settle wrongful conviction lawsuit over 1983 murder Feb. 15, 2024 \u2022 Tampa Florida makes it official: Universities to drop sociology as a core course Jan. 24, 2024 \u2022 Archive Pete Alonso\u2019s Battle for the Bay knocks giving back out of the park Jan. 22, 2024 \u2022 Photos Tampa woman charged after 3 puppies found in dumpster, police say Dec. 26, 2023 \u2022 Breaking News \u2018Three Little Words\u2019 series raises ire Nov. 30, 2021 \u2022 Archive Donate Menu Subscribe Subscribe 2/22/25, 5:15 Harassment case sparks protest by students 3/4 Menu Subscribe Subscribe 2/22/25, 5:15 Harassment case sparks protest by students 4/4"}
7,349	Catherine Woytowicz	George Washington University	[ "7349_101.pdf", "7349_102.pdf", "7349_103.pdf", "7349_104.pdf", "7349_105.pdf", "7349_106.pdf", "7349_107.pdf" ]	{"7349_101.pdf": "former George Washington University lecturer has accused the university of mishandling a sexual harassment complaint filed against her by a male student. The Washington Post reports a lawsuit filed by Catherine Woytowicz and moved to federal court last month names five defendants, including the school\u2019s Title coordinator, and says investigating officials behaved in a sexist manner. Woytowicz\u2019s attorney, Richard Seymour, says the university agreed there was no foundation to the March 2016 complaint, but continued proceedings against her. University spokeswoman Lindsay Hamilton says Woytowicz was treated \u201cfairly and lawfully motion to dismiss the lawsuit filed late last month says officials didn\u2019t find evidence to support a sexual harassment charge, but did find \u201cdisturbing\u201d evidence. Seymour says Woytowicz taught chemistry and international affairs. ___ Information from: The Washington Post, Lawsuit: University sexist in handling of harassment case Published 6:20 CST, January 5, 2018 2/22/25, 5:19 Lawsuit: University sexist in handling of harassment case News 1/3 Steve Bannon is accused of doing a straight-arm Nazi salute at but says it was just \u2018a wave\u2019 Trump administration reverses its previous decision and reinstates legal aid for migrant children Netanyahu decries release of wrong body as a ceasefire violation. Hamas pledges to investigate Judge largely blocks Trump\u2019s executive orders ending federal support for programs 1 2 3 4 2/22/25, 5:19 Lawsuit: University sexist in handling of harassment case News 2/3 sues 3 Trump administration officials, citing freedom of speech 5 2/22/25, 5:19 Lawsuit: University sexist in handling of harassment case News 3/3", "7349_102.pdf": "(Tetra Images Tetra Images/Newscom) Tetra Images Tetra Images/Newscom Exchanging Dirty Jokes Is Now a 'Sexual Relationship' at George Washington University Fired chemistry professor is suing the school \| 1.9.2018 1:18 Longtime professor Catherine Woytowicz is suing George Washington University (GWU) for how it handled a sexual harassment complaint against her. The complaint against Woytowicz was found to be without merit, but the school nonetheless dropped Woytowicz as an adjunct assistant professor\u2014another casualty of the convoluted, secretive, and often unfair harassment proceedings that have overtaken U.S. schools. For 17 years, Woytowicz taught part-time at the university, presiding over more than 65 courses in its chemistry and international relations departments while working full-time elsewhere. By myriad accounts, \"Dr. Cat\" was a compelling and effective instructor, winning accolades from her students and awards from the school. \uf09a\ue61b\uf1a1\uf0e0\uf02f\uf0c1 London Luxury\u2019s Market Will Withstand New Domicile Rules, Says Advisory Firm Director Sponsored by: Mansion Global 2/22/25, 5:19 Exchanging Dirty Jokes Is Now a 'Sexual Relationship' at George Washington University 1/6 But Woytowicz's good standing with the university started crumbling in January 2016, when one of her former students accused her of sexual harassment. The student, labeled John Doe in court proceedings, had taken chemistry courses with Woytowicz in 2015. During this time, he claimed, Woytowicz \"overtly pursued a sexual relationship with him and threatened academic and professional consequences if he did not comply,\" according to GWU's motion to dismiss her lawsuit. Ultimately, \"there was insufficient evidence to support a charge of sexual harassment against her,\" the motion states. But the school's Title coordinator\u2014the administrator charged with enforcing the federal rule that prohibits sex-based discrimination in education\u2014\"determined that Doe had consented to a relationship with Woytowicz,\" the motion claims. Woytowicz maintains that she \"has never had, or tried to have, a sexual relationship\" with any of her students. She is seeking damages from for violating her constitutional rights to free speech, free association, and due process; violating her right to a employment environment free of sex discrimination; conspiracy to deprive her of constitutionally guaranteed rights; breach of contract; and intentional infliction of emotional distress 'Nebulous Fog' of Allegations Rory Muhammad, Title coordinator at GWU, was tasked with investigating Doe's complaint against Woytowicz. In March 2016, Muhammad emailed Woytowicz to say she was under investigation for alleged violations of the school's \"Sexual Harassment and Sexual Violence Policy and Procedures.\" As is typical of Title proceedings, the email provided Woytowicz little information about the allegations against her, according to her suit. It offered nothing on the specific nature of the allegations, or when and where they supposedly occurred. Little more insight could be gleaned from a subsequent meeting with Muhammad: Though it lasted more than two and a half hours, Woytowicz says the explanations offered were a \"nebulous fog.\" When Woytowicz asked whether she should retain a lawyer, Muhammad allegedly welcomed to do so but told her that if she did, it would bar any possibility of informal resolution of the student's complaint and compel to get its own lawyers involved. While providing little detail about the accusations, Muhammad allegedly peppered Woytowicz with \"invasive questions about her personal life and sexual relationships,\" her lawsuit states. Throughout the meeting \"Muhammad seemed to be gloating,\" and at the end Advertisement Binance Wins 'Best Crypto App' at Sensor Tower Awards 2024 2/22/25, 5:19 Exchanging Dirty Jokes Is Now a 'Sexual Relationship' at George Washington University 2/6 he became loud, hostile, and accusatory. While Prof. Woytowicz was headed out the door, Defendant Muhammad continued shouting questions at her about sex with an adult, who was not a student [at GWU] and had never been a student of the University. Defendant Muhammad asked if Prof. Woytowicz had had sex with this person, and she responded that she had not. Defendant Muhammad asked if Prof. Woytowicz had wanted a \"three-way\" with this person, and she responded that she did not\u2026.Defendant Muhammad never explained his fascination with trying to get Prof. Woytowicz to say she had had sex, or even an unusual desire about sex, concerning an adult nonstudent. The school claimed to have \"hundreds\" of texts between Woytowicz and Doe, but she wasn't allowed to see or be read these texts directly during the meeting. Later, Muhammad would email a list of \"phrases, paraphrases, and purported quotations assertedly from text messages\" between Woytowicz and Doe, which were said to corroborate \"frequency of communication, late hours of communication, meetings, multiple requests to see [the student complainant] or talk to [him], restaurants and drinks,\" talking about \"emotional feelings,\" and \"some texts [that] could be interpreted as sexual innuendo.\" Of the 18 purported quotations, \"at least some\" are \"false,\" asserts Woytowicz's suit. While it was not uncommon for her to communicate with students, including Doe, via text, the list provided included \"fragments of communications to which [Muhammad] invented context that would make them seem improper,\" \"cherry-picked words or phrases to suggest something was meant sexually, and ignored the context showing they either had no such meaning or were ambiguous,\" it says. Mentoring or Harassment? As part of her lawsuit against against GWU\u2014filed in D.C. Superior Court but moved by the school to federal court\u2014 Woytowicz provided copies of dozens of emails sent by former students from 2014 to 2016. They suggest a professor who was willing to put in extra effort to help young people succeed: meeting them one on one to discuss med-school applications or internship opportunities, organizing women's networking events for female chemistry students, taking her classes out for pizza at the end of each semester. Contact with some former students extended years beyond their time in her classroom. The messages also show Woytowicz engaging in the same sorts of conduct that deemed suspicious in the context of Doe: arranging meetings with current and former students in non-office locales, such as coffee shops; meeting with students during weekend or evening hours (a necessity because of her full-time non-academic work, Woytowicz says); inviting students to cultural or artistic events; inviting students to networking and end-of-semester parties where alcohol was present; offering to meet with current and former students one on one to help with studies or scholarship applications. After her initial contact with GWU's Title office, Woytowicz attempted to provide context for her communications with Doe in a 74-page response, submitted through her lawyer in May 2016. The response, and Woytowicz's lawsuit, maintain that it was ordinary professorial behavior which read sinister motives into after a malicious student slung unfounded accusations at her. (The suit also mentions\u2014but never further elaborates on\u2014another component of this response: \"Evidence of the student complainant's motive for bringing a false complaint, to wit, his admitted interest in 'mindfucking' her the same way Iago did to Othello and his showing her a sophomoric book on that subject titled 'Mindfucking.'\") Woytowicz suggests that school authorities inferred improprieties where there were none, that they took the complaint at face value immediately and then went fishing for evidence to support it, that they never gave Woytowicz a chance to properly defend herself, that they made too much of ribald humor, that they were motivated by \"Victorian\" or \"fundamentalist\" views of women, and that they imposed a sexist standard on Woytowicz that was not applied to male professors. This last bit is a stretch. Anyone who has followed Title inquiries at or elsewhere knows that they can be hopelessly flawed and biased against their targets regardless of gender. If anything, wrongly accused men seem to have it worse. But Woytowicz is absolutely correct that those accused of sexual misconduct in Title territory are often presumed guilty by administrators from the get go, that they're rarely afforded anything like the due process required in courts of law, and that the result can be biased against the accused. And she's right that the cautious propriety required under Title proceedings does cast suspicion on all sorts of once-typical student/professor camaraderie. Redefining 'Sexual Relationship' 2/22/25, 5:19 Exchanging Dirty Jokes Is Now a 'Sexual Relationship' at George Washington University 3/6 The root of the injustice here may lie in how Title compliance has perverted the normal process for resolving situations like these. The decision to bar Woytowicz from further teaching may have come directly from the heads of the departments she taught in, but Woytowicz was never able to mount a proper defense to them directly\u2014to offer witnesses on her behalf, to offer her own textual record. Even the 74-page response she had submitted rebutting the Title Office's presumptions about her texts was ignored, as it had been emailed by her lawyer and not by her directly. The department heads received the same \"nebulous fog\" of accusations against Woytowicz as she did, filtered through the topsy-turvy lens of Title culture. In September 2016, Muhammad emailed Woytowicz to say that his review was complete and that he hadn't found sufficient evidence to support the student's complaint of sexual harassment. There was evidence, he claimed, that violated the school's consensual relationship policy by having a sexual relationship with Doe. Muhammad had not found evidence that Woytowicz and Doe had actually engaged in sex or other physical activity of an erotic or romantic nature. The \"sexual relationship\" he had discovered consisted of sexually tinged jokes and discussions of sexual themes. Rather than pursue that investigation further, Muhammad was willing to agree to an \"informal resolution\" proposed by the chemistry department: Woytowicz would accept a written reprimand for the relationship and undergo anti-sexual- harassment training. Woytowicz rejected this proposal, her lawyer explained, because it \"would require her to submit to a written reprimand for conduct of which she knows she is innocent.\" Woytowicz offered to provide additional witnesses and to take a polygraph test. In February 2017, she submitted an affidavit from Doe's former roommate stating that he regularly saw Doe interact with Woytowicz during this period but \"never [saw] anything indicating to me that there was a sexual relationship\" between them, and that from what he \"could see of their relationship, it seemed inconsistent with there having been a sexual relationship between them.\" In March 2017, Christopher Alan Bracey, a vice provost and law professor at GWU, informed Woytowicz that his review of her case was complete and he had \"decided not to initiate a formal hearing\" against her. Meanwhile, new instructors were appointed to Woytowicz's usual courses for the upcoming semester. The School Responds In its motion to dismiss Woytowicz's complaint, the school maintains that many of the things Woytowicz characterized as ordinary professorial interactions are in fact problematic. It also introduces a range of other alleged activity that Woytowicz did not mention in her complaint. If these things are true, it's more understandable why the university may have wanted to sever ties with Woytowicz accuses Woytowicz of exchanging \"salacious and suggestive\" text messages with Doe, in which she \"seemed to delight in writing double entendres to her student about the size and shape of the male organ and about oral and anal sex.\" (No quotes from or copies of these exchanges are provided.) The university claims that Woytowicz \"provided [Doe] with alcoholic beverages even though she would have known he was not old enough to consume them legally\" and that \"on at least one occasion, she bit Doe on the neck.\" Woytowicz is also accused of having \"a sexual encounter at Doe's apartment with Doe's friend\" (who was not a student) and \"allow[ing] herself to be photographed [with the friend] in a warm embrace.\" \"The University could not allow a professor to conduct herself with undergraduate students in this way,\" states the motion. \"Something had to be done.\" But because Title inquiries operate in some nebulous land between the U.S. legal system and corporate departments, it's hard to know how much weight to give the above statements. It's unclear on what, if any, evidence the university has for these allegations, or how Woytowicz might counter them if she were given a chance to defend herself against them. The school also fails to state when the alleged activity occurred\u2014a crucial detail, considering that Doe's contact with Woytowicz extended after he was in her class. Or maybe not: The university's motion says that \"the consensual sexual relationship provision\" of policy is actually \"irrelevant for purposes of this motion.\" It doesn't matter, the school says, if Woytowicz never strictly violated its policies on sexual harassment, consensual relationships, or anything else is a private employer, Woytowicz was an adjunct professor, and the heads of the chemistry and international relations departments can stop assigning courses to her as they see fit, no particular violation required. 2/22/25, 5:19 Exchanging Dirty Jokes Is Now a 'Sexual Relationship' at George Washington University 4/6 in Federal Court Over Title Office's Handling of Sexual Harassment Complaint Against Longtime Chemistry Professor Student Expelled for Rape Says Amherst Discriminates Against Men, Court Says He's Got a Point Chicago Expelled a Male Student 4 Days Before Graduation Because His Ex Made a Dubious Sexual Violence Claim Campus Rape Lawsuit: This Title Official's Vulgar Response Is Unbelievable Male Student Had Drunken Sex with Female Non-Student. Her Dad Called It Rape. Expulsion Imminent. About Browse Topics Events Staff Jobs Donate Advertise Subscribe Contact Media Shop Amazon \uf09a\ue61b\uf16d\ue07b\uf167\uf3b5\uf44d\uf09e \u00a9 2024 Reason Foundation \| Accessibility \| Privacy Policy \| Terms Of Use The Constitution \"simply [does] not apply to private actors such as the University and its employees added. That's certainly true. But to the extent that federal policy is responsible for the school's behavior, Woytowicz has a strong case that her constitutional rights have been crushed, even if George Washington isn't the entity that trampled them. Start your day with Reason. Get a daily brief of the most important stories and trends every weekday morning when you subscribe to Reason Roundup. Email Address Submit NEXT: Copyright Craziness: Radiohead Claims Lana Del Rey Ripped Off Its Song is a senior editor at Reason \uf086 Show Comments (70 \uf0c1 2/22/25, 5:19 Exchanging Dirty Jokes Is Now a 'Sexual Relationship' at George Washington University 5/6 This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 2/22/25, 5:19 Exchanging Dirty Jokes Is Now a 'Sexual Relationship' at George Washington University 6/6", "7349_103.pdf": "v (2018) United States District Court, District of Columbia. Catherine WOYTOWICZ, Plaintiff, v. The UNIVERSITY, et al., Defendants. Civil Action No.: 17-2703 (RC) Decided: August 27, 2018 Richard Talbot Seymour, Law Office of Richard T. Seymour, P.L.L.C., Washington, DC, for Plaintiff. Aaron John Kornblith, William David Nussbaum, Saul Ewing Arnstein & Lehr LLP, Washington, DC, for Defendants Granting in Part and Denying in Part Defendants' Motion to Dismiss; Remanding Remaining State Law Claims to D.C. Superior Court Plaintiff Catherine Woytowicz filed this suit to challenge both the process and outcome of an investigation into her alleged violation of Title while she was employed as a part-time professor at The George Washington University (\u201cUniversity\u201d). She has brought constitutional claims against the University and several of its employees for violations of her rights under the First and Fifth Amendments to the United States Constitution, a federal claim under the Ku Klux Klan Act, as well as common law and District of Columbia statutory claims for breach of contract, intentional infliction of emotional distress, \uf002 / / / / Find a Lawyer Legal Forms & Services \uf107 Learn About the Law \uf107 Legal Professionals \uf107 Blogs 2/22/25, 5:19 v (2018) \| FindLaw 1/24 discrimination, retaliation, and harassment. Defendants have moved to dismiss her complaint for failure to state a claim, arguing that the University and its employees cannot be liable to Professor Woytowicz for constitutional violations because the University and its employees are not government actors, that her contract claim is preempted by the Labor Management Relations Act (\u201cLMRA\u201d) and has not been properly exhausted, and that her remaining state law claims are insufficiently pleaded to survive Defendants' motion to dismiss for failure to state a claim. For the reasons given below, the Court dismisses Professor Woytowicz's constitutional claims because she has not sufficiently alleged that the University and its employees were government actors or performing a governmental function when they investigated and disciplined her. The Court also dismisses one of her breach of contract claims as preempted by the and insufficiently exhausted. Finally, finding that the circumstances of this case do not warrant the exercise of supplemental jurisdiction, the Court remands Professor Woytowicz's remaining state law claims to D.C. Superior Court 1 Professor Catherine Woytowicz served as a part-time faculty member at The George Washington University from 2000 to 2017, teaching both in the Department of Chemistry and at the Elliott School of International Affairs. Am. Compl. \u00b6\u00b6 9\u201313. Professor Woytowicz was recognized both by the University and her students for her excellence in teaching. See id. \u00b6\u00b6 44\u201355. In 2013, she received an award for her teaching in a \u201cWriting in the Discipline\u201d course and was also nominated by students for several other teaching awards. Id. In addition to teaching numerous courses at the University, see id. \u00b6\u00b6 10\u201313, Professor Woytowicz actively mentored students on a personal and professional basis, and as a result, often received thank you emails and notes. See id. \u00b6\u00b6 56\u201357; see also Am. Compl. Ex. 2 No. 9-2 (fifty-nine thank you emails from students expressing their appreciation toward Professor Woytowicz for her teaching, guidance, and assistance with various applications). As a part-time faculty member at the University, Professor Woytowicz was a member of the Service Employees International Union, Local 500 (\u201cUnion\u201d), which had a Collective Bargaining Agreement (\u201cCBA\u201d) with the University at all times relevant to this case. Id. \u00b6\u00b6 34\u201335. Because Professor Woytowicz had held each of her teaching assignments for more than five academic years, she was entitled to receive \u201cgood faith consideration for appointment to teach the same course[s]\u201d under Article V, Part of the CBA. Id. \u00b6\u00b6 35\u201337. On March 17, 2016, Rory Muhammad, the University's Director for Diversity and Inclusion and Title Coordinator, notified Professor Woytowicz via email that a male student had filed a complaint against her under the University's Title Policy, and that the University intended to investigate the complaint. Am. Compl. \u00b6\u00b6 61, 78. Title of the Education Amendments of 1972 is a federal civil rights statute enforced by the U.S. Department of Education's Office for Civil Rights (\u201cOCR\u201d). See generally 20 U.S.C. \u00a7\u00a7 1681\u201388. Title provides that \u201c[n]o person in the United States shall, on the basis of sex, be 2/22/25, 5:19 v (2018) \| FindLaw 2/24 excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.\u201d 20 U.S.C. \u00a7 1681(a enforces Title by evaluating, investigating, and resolving complaints alleging sex discrimination, and also \u201cconducts proactive investigations, called compliance reviews, to examine potential systemic violations based on sources of information other than complaints.\u201d U.S. Dep't of Educ., Title and Sex Discrimination, (last visited August 20, 2018 also publishes informational and guidance documents to assist schools, universities, and other agencies in complying with Title requirements. Id regulations govern the enforcement of Title IX. See generally 34 C.F.R. \u00a7 106. Among other requirements, the regulations mandate that (1) \u201c[e]ach recipient \u2024 designate at least one employee to coordinate its efforts to comply with and carry out its responsibilities under this part, including any investigation of any complaint communicated to such recipient alleging its noncompliance with this part,\u201d and (2) \u201cadopt and publish grievance procedures providing for prompt and equitable resolution of student and employee complaints alleging any action which would be prohibited by this part.\u201d 34 C.F.R. \u00a7 106.8. As a recipient of federal funds, Am. Compl. \u00b6\u00b6 302\u201304, the University was subject to the requirements of Title at all times relevant to this case. Id. \u00b6 306. To comply with regulations, the University assigned Rory Muhammad as its Title coordinator; his responsibilities included investigating complaints and carrying out grievance procedures adopted by the University. Id. \u00b6\u00b6 309\u201312; see 34 C.F.R. \u00a7 106.8(a). In 2011, the University entered into a Voluntary Resolution Agreement with in order to resolve an investigation into the University's compliance with Title IX. See U.S. Dep't of Educ., Resolution Agreement Complaint No. 11-11-2079, (last visited August 20, 2018). As part of the Agreement, the University agreed that by a certain date it would \u201csubmit to for its review and approval draft revised procedures that provide for prompt and equitable resolution of complaints of sexual violence consistent with Title IX.\u201d See Resolution Agreement \u00b6 1. The Agreement also included instructions for providing notice of approved procedures and developing training programs to help employees \u201crecogniz[e] and appropriately address[ ] complaints of sex harassment.\u201d See Resolution Agreement \u00b6\u00b6 6\u20139. On March 23, 2016, Professor Woytowicz met with Mr. Muhammad in person. Am. Compl. \u00b6\u00b6 79\u201381. At this meeting, Mr. Muhammad told Professor Woytowicz that there had been \u201can allegation of sexual harassment based on unequal power.\u201d Id. \u00b6 84. Because she found the allegations to be vague, Professor Woytowicz requested that Mr. Muhammad provide further details of the accusations against her and the documents on which he was relying, but he did not comply with her requests. Id. \u00b6\u00b6 85, 94. Mr. Muhammad expressed his desire to resolve the complaint through an informal resolution, which he suggested would only result in a written reprimand, but Professor Woytowicz did not acquiesce. Id. \u00b6 94. 2/22/25, 5:19 v (2018) \| FindLaw 3/24 Professor Woytowicz alleges that Mr. Muhammad also asked her inappropriate questions during the meeting. Id. \u00b6 101. On March 24, 2016, Mr. Muhammad sent Professor Woytowicz a list of eighteen quotations from text messages she had purportedly exchanged with the complaining student and asked her to respond. Id. \u00b6\u00b6 111\u201318. Mr. Muhammad stated that these texts \u201ccould be interpreted as sexual innuendo.\u201d Id. \u00b6 118. Professor Woytowicz believed that Mr. Muhammad quoted these messages out of context. Id. \u00b6\u00b6 115\u2013 18. On May 20, 2016, Professor Woytowicz sent to Mr. Muhammad, through her counsel, a 74-page response to the complaint against her, in which she sought to give context to the aforementioned text messages. Id. \u00b6 133. Mr. Muhammad did not respond to this document. Id. \u00b6 140. In June 2016, Mr. Muhammad emailed Professor Woytowicz and her counsel a nine-line written outline of the accusations against her, which she again found to be conclusory and vague. Id. \u00b6\u00b6 141\u201348. In July, Professor Woytowicz sent an 81-page response, arguing that the accusations in the June email were \u201cmaterially different from the allegations Mr. Muhammad told Dr. Woytowicz about [orally],\u201d and also that without seeing the \u201cactual allegations,\u201d she would not be able to properly respond. Id. \u00b6\u00b6 149, 153. Mr. Muhammad did not respond to this document either. Id. \u00b6 153. In September 2016, Mr. Muhammad sent two emails indicating that after discussions between him, Dr. Michael King, Chair of the Chemistry Department, and Eric Arnesen, Vice Dean for Faculty and Administration in the University's College of Arts and Sciences, the Chemistry Department had decided to seek an informal resolution to the complaint. Id. \u00b6\u00b6 154\u201355. In a November 2016 meeting, Mr. Muhammad stated that \u201che did not find evidence sufficient to support the complaint of sexual harassment,\u201d but that he had evidence of inappropriate behavior under the \u201cConsensual Relationships\u201d section of the University's Title Policy. Id. \u00b6\u00b6 159, 162. Mr. Muhammad told Professor Woytowicz that he believed there was evidence of a \u201cverbal or physical\u201d sexual relationship between Professor Woytowicz and the complainant, which violated the Policy's prohibition against \u201cfaculty member[s] \u2024 hav[ing] a sexual relationship with a student who is currently in his/her course or is subject to his/her supervision or evaluation.\u201d Id. \u00b6\u00b6 63, 163. Mr. Muhammad again proposed an informal resolution where Professor Woytowicz would not have to admit to violating the Title Policy, but would still likely receive a written reprimand and have to participate in training. Id. \u00b6 170. Professor Woytowicz did not agree to an informal resolution because she was afraid of losing her contractual right of first refusal to teach her various courses. Id. \u00b6\u00b6 174\u201375. In a January 2017 meeting, Mr. Muhammad reiterated his belief that the phrase \u201csexual relationship\u201d in the Policy's Consensual Relationships provision included \u201cverbal or physical conduct of a sexual nature,\u201d and that Professor Woytowicz had engaged in an improper sexual relationship with the complainant based on texts and emails mentioned in previous exchanges. Id. \u00b6\u00b6 186, 210. Dr. King stated in that meeting that he would \u201cconsider\u201d allowing Professor Woytowicz to teach again if she agreed to an 2/22/25, 5:19 v (2018) \| FindLaw 4/24 \u201cinformal resolution,\u201d but \u201cdid not say that he would appoint Professor Woytowicz to teach \u2024 or that Defendants would forego their power to bar her from teaching [in the future].\u201d Id. \u00b6 197. Professor Woytowicz objected to what she perceived as retaliatory behavior by the University and denied violating the Policy. Id. \u00b6\u00b6 198, 207. On February 7, 2017, Professor Woytowicz noticed that her name was not on the Chemistry Department's summer teaching schedule. Id. \u00b6 224. Professor Woytowicz spoke with Dr. King, who explained that \u201c[h]e was barring her from teaching these courses because of what she had done\u201d and that \u201che would never let her teach again while he was Chair of the Chemistry Department.\u201d Id. \u00b6 227. The next day, Professor Woytowicz objected to this action through counsel, but Dr. King did not change his mind. Id. \u00b6\u00b6 228\u201331. On February 14, 2017, Professor Woytowicz sent a 26-page response to Mr. Muhammad countering the allegations presented during the January 2017 meeting and objecting to any finding of misconduct. Id. \u00b6 233. The response included a declaration from a former roommate of the complainant \u201cstating that he never saw or heard anything to indicate that there had been a sexual relationship between Professor Woytowicz and the student complainant.\u201d Id. \u00b6\u00b6 234\u201335. In addition, she requested that Dr. King allow her to continue teaching Chemistry courses and that the University reimburse her for attorney's fees and expenses. Id. \u00b6 235. On February 24, 2017, Professor Woytowicz officially rejected the informal resolution proposed at the January meeting. Id. \u00b6 237. On March 5, 2017, Dean Arnesen notified Professor Woytowicz by email that Mr. Muhammad had concluded his administrative review of the complaint and that Dean Arnesen had decided not to initiate formal proceedings against her under the University Policy. Id. \u00b6 240. On March 10, 2017, Professor Woytowicz and her counsel met with Dr. King, Dean Arnesen, and counsel for the University. Id. \u00b6 242. Dr. King and Dean Arnesen represented that this meeting was a \u201csupervisor-subordinate\u201d conversation outside of the scope of Title proceedings. Id. \u00b6 243. However, Dr. King and Dean Arnesen repeatedly suggested that Professor Woytowicz had engaged in \u201cinappropriate\u201d conduct and refused to answer her questions regarding the allegations against her. Id. \u00b6\u00b6 246\u201349. On March 15, 2017, Dr. King issued a written reprimand of Professor Woytowicz, which again stated that she would not be reappointed to teach summer courses in the Chemistry Department. Id. \u00b6\u00b6 286\u201387. In May, Professor Christopher Bracey, Vice Provost of Faculty Affairs at the Elliott School of International Affairs, notified Professor Woytowicz that, after conversations with Dr. King and Dean Arnesen and after reviewing Dr. King's written reprimand, he was also barring her from teaching a spring semester course at the Elliott School. Id. \u00b6\u00b6 289\u201392. Professor Woytowicz communicated her objection to this decision to Vice Provost Bracey, but he refused to reconsider his decision or meet with her per her request. Id. \u00b6\u00b6 296\u201397. 2/22/25, 5:19 v (2018) \| FindLaw 5/24 On November 15, 2017, Professor Woytowicz filed suit in D.C. Superior Court, see Notice of Removal \u00b6 1 No. 1, and Defendants removed the case to this Court, see id. \u00b6\u00b6 3\u20137. Professor Woytowicz has since amended her complaint to bring her constitutional claims against Defendants Muhammad, King, Arnesen, and Bracey under a Bivens cause of action instead of 42 U.S.C. \u00a7 1983, Am. Compl. \u00b6 4, but has otherwise preserved her original claims that the University violated her First and Fifth Amendment rights; and that all Defendants violated her right to freedom from conspiracy under the Ku Klux Klan Act, 42 U.S.C. \u00a7 1985; violated her rights to freedom from sex discrimination, sexual harassment, retaliation, and retaliatory harassment under the District of Columbia Human Rights Act; breached her contractual rights under the University's Collective Bargaining Agreement, its Title policy, and an agreement it had made with her to teach a writing seminar; and intentionally inflicted emotional distress on her. Compare Compl. \u00b6\u00b6 3, 463\u2013540 No. 1-1 with Am. Compl. \u00b6\u00b6 4, 583\u2013667. She seeks back pay, compensatory damages, punitive damages, and injunctive relief. See Am. Compl. \u00b6\u00b6 550\u2013574. Defendants have moved to dismiss Professor Woytowicz's Amended Complaint, and their motion is now ripe for decision The Federal Rules of Civil Procedure require that a complaint contain \u201ca short and plain statement of the claim\u201d in order to give the defendant fair notice of the claim and the grounds upon which it rests. Fed. R. Civ. P. 8(a)(2); accord Erickson v. Pardus, 551 U.S. 89, 93, 127 S.Ct. 2197, 167 L.Ed.2d 1081 (2007) (per curiam motion to dismiss under Rule 12(b)(6) does not test a plaintiff's ultimate likelihood of success on the merits, but rather tests whether a plaintiff has properly stated a claim for which relief can be granted. It is not necessary for the plaintiff to plead all elements of her prima facie case in the complaint. See Swierkiewicz v. Sorema N.A., 534 U.S. 506, 511\u201314, 122 S.Ct. 992, 152 L.Ed.2d 1 (2002); Bryant v. Pepco, 730 F.Supp.2d 25, 28\u201329 (D.D.C. 2010). Nevertheless, \u201c[t]o survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to \u2018state a claim to relief that is plausible on its face.\u2019 \u201d Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007) ). This means that a plaintiff's factual allegations \u201cmust be enough to raise a right to relief above the speculative level, on the assumption that all the allegations in the complaint are true (even if doubtful in fact).\u201d Twombly, 550 U.S. at 555\u201356, 127 S.Ct. 1955 (citations omitted). \u201cThreadbare recitals of the elements of a cause of action, supported by mere conclusory statements,\u201d are therefore insufficient to withstand a motion to dismiss. Iqbal, 556 U.S. at 678, 129 S.Ct. 1937 court need not accept a plaintiff's legal conclusions as true, see id., nor must a court presume the veracity of the legal conclusions that are couched as factual allegations, see Twombly, 550 U.S. at 555, 127 S.Ct. 1955 A. The Constitutional Claims 2/22/25, 5:19 v (2018) \| FindLaw 6/24 Professor Woytowicz has brought Bivens claims against the University and four of its employees for violating her First and Fifth Amendment rights in the course of the University's Title investigation.2 See Am. Compl. \u00b6\u00b6 4(a)\u2013(i). Defendants have moved to dismiss her constitutional claims on the ground that \u201cprivate universities and their employees are not [governmental actors] subject to First and Fifth Amendment claims.\u201d Defs.' Mot. at 9. Professor Woytowicz responds that the University and its employees are governmental actors liable for constitutional violations because they: (1) performed a traditionally exclusive government function by conducting an \u201cinvestigation[ ] to determine if Federal law [was] violated,\u201d Pl.'s Opp'n at 16; see also Am. Compl. \u00b6\u00b6 309\u2013310, 438\u2013445 (describing Mr. Muhammad's responsibilities which include \u201cconduct[ing] investigations of [Title IX] complaints\u201d); (2) received substantial funding from the government, see Pl.'s Opp'n at 13; see also Am. Compl. \u00b6\u00b6 302\u2013 306, 430\u2013435 (arguing that Defendants Muhammad, King, Arnesen, and Bracey were \u201crecipients\u201d subject to Title requirements); (3) were bound by Title regulations, see Pl.'s Opp'n at 13\u201314; Am. Compl. \u00b6\u00b6 306\u2013312; (4) attempted to follow those regulations to investigate the complaint at issue, Am. Compl. \u00b6\u00b6 460\u2013462; and (5) were required to revise their Title Policy after entering into the Voluntary Resolution Agreement with in 2011, see Pl.'s Opp'n at 16; Am. Compl. \u00b6\u00b6 313\u201314. For the reasons stated below, the Court finds that the University and its employees were not government actors and therefore grants Defendants' motion to dismiss the constitutional claims against them. As a preliminary matter, although Professor Woytowicz describes her claims against the University as arising under Bivens v. Six Unknown Fed. Narcotics Agents, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619, (1971), her claims against the University may not be brought under Bivens because entities, unlike individuals, are exempt from Bivens liability. See Corr. Servs. Corp. v. Malesko, 534 U.S. 61, 66, 122 S.Ct. 515, 151 L.Ed.2d 456 (2001); Kauffman v. Anglo-Am. Sch. of Sofia, 28 F.3d 1223, 1225\u201328 (D.C. Cir. 1994). As such, Professor Woytowicz has failed to cite a proper means by which she may sue the University for its alleged violations of her constitutional rights. However, even if she had cited a valid cause of action against the University for constitutional violations, she has still failed to state a claim against the University and four of its employees because in order to raise a constitutional claim against a private entity or its employees, a plaintiff must allege that the entity or individual was a state or governmental actor or was engaging in state or government action.3 Abu- Jamal v. Nat'l Pub. Radio, No. 96-0594, 1997 527349, at 4 (D.D.C. Aug. 21, 1997), aff'd, 159 F.3d 635 (D.C. Cir. 1998). \u201c[T]here can be no violation of the Constitution without [governmental] action\u2014in this case, action by the federal government or under color of federal law\u2014and [governmental] action requires that the party charged with the deprivation must be a person [or entity] who may fairly be said to be a [governmental] actor.\u201d Daniels v. Union Pac. R. Co., 480 F.Supp.2d 191, 196 (D.D.C. 2007), aff'd, 530 F.3d 936 (D.C. Cir. 2008) (quoting Am. Mfrs. Mutual Ins. Co. v. Sullivan, 526 U.S. 40, 50, 119 S.Ct. 977, 143 L.Ed.2d 130 (1999) (internal quotation marks omitted court may find that a private entity or individual is a governmental actor when (1) the private entity or individual performs a function that is 2/22/25, 5:19 v (2018) \| FindLaw 7/24 \u201ctraditionally exclusively reserved to [government],\u201d LaRouche v. Fowler, 152 F.3d 974, 990 (D.C. Cir. 1998) (quoting Flagg Bros., Inc. v. Brooks, 436 U.S. 149, 157\u201358, 98 S.Ct. 1729, 56 L.Ed.2d 185 (1978) ); or (2) there is \u201ca sufficiently close nexus between the [government] and the challenged action of the [regulated entity] so that the action of the latter may be fairly treated as that of the [government] itself,\u201d Vill. of Bensenville v. Fed. Aviation Admin., 457 F.3d 52, 62 (D.C. Cir. 2006) (quoting Blum v. Yaretsky, 457 U.S. 991, 1004, 102 S.Ct. 2777, 73 L.Ed.2d 534 (1982) ). As to the first type of government action by a private entity, the Supreme Court and the D.C. Circuit have found only in limited circumstances that a private entity has exercised a traditionally exclusive governmental or \u201cpublic\u201d function. See, e.g., Flagg Bros., 436 U.S. at 164, 98 S.Ct. 1729 (resolution of private contractual disputes does not fall within the exclusive prerogative of the State, although the regulation of elections and the selection of public officials do); All. for Cmty. Media v. FCC, 56 F.3d 105, 113 (D.C. Cir. 1995) (decisions as to which programs would be shown on cable television systems are not traditionally within the exclusive province of the government, but, as the Supreme Court has held, vetoing liquor licenses and entering and occupying private property are), aff'd in part, rev'd in part sub nom. Denver Area Educ. Telecomm. Consortium, Inc. v. FCC., 518 U.S. 727, 116 S.Ct. 2374, 135 L.Ed.2d 888 (1996); cf. Goldstein v. Chestnut Ridge Volunteer Fire Co., 218 F.3d 337, 348 (4th Cir. 2000) (volunteer fire fighter company performed duties typically reserved to the state). Courts in this Circuit have held that providing higher education is not an exclusively public function, see, e.g., Remy v. Howard Univ., 55 F.Supp.2d 27, 30 (D.D.C. 1999), and specifically that the Defendant University is not a state actor by virtue of providing higher education, see Greenya v. George Wash. Univ., 512 F.2d 556, 561 n.10 (D.C. Cir. 1975). However, Professor Woytowicz's theory of government action is not based on the University and its employees' provision of higher education. Rather, Professor Woytowicz argues that the University and its employees performed a traditionally exclusive governmental function by \u201cconduct[ing] [an] \u2024 investigation[ ] to determine if Federal law [was] violated.\u201d Pl.'s Opp'n at 16. While courts in this Circuit have yet to address this theory, courts in other jurisdictions have found that private universities \u201cinvestigating and disciplining employees for university policy violations,\u201d including for allegations of misconduct under Title IX, are not exercising a public function. See, e.g., Collins v. Northwestern Univ., 164 F.Supp.3d 1071, 1077 (N.D. Ill. 2016) (finding that the university human resources department's investigation of a Title complaint against the plaintiffs did not constitute an exercise of an exclusive governmental function). Indeed, many private entities routinely investigate and self-police to ensure that they are in compliance with federal laws, whether they be anti-discrimination laws, government procurement laws, securities laws, or the Foreign Corrupt Practices Act. Yet Professor Woytowicz has not pointed to a single case in which such routine activities have been found to bring those otherwise private entities within the sphere of government action. Accordingly, the Court finds that 2/22/25, 5:19 v (2018) \| FindLaw 8/24 Professor Woytowicz has failed to sufficiently allege that the University engaged in a traditionally exclusive governmental function. More often, courts in this Circuit have found that a private entity engages in governmental action when \u201cthere is a sufficiently close nexus between [the government] and the challenged action of [the regulated entity].\u201d See, e.g., Bensenville, 457 F.3d at 62 (quoting Blum, 457 U.S. at 1004, 102 S.Ct. 2777); see also Peacock v. District of Columbia, 794 F.3d 31, 43 (D.C. Cir. 2015). It is well-established that extensive regulation of a private entity alone does not create a sufficient nexus for finding governmental action. See Rendell-Baker v. Kohn, 457 U.S. 830, 841\u201342, 102 S.Ct. 2764, 73 L.Ed.2d 418 (1982); Jackson v. Metro. Edison Co., 419 U.S. 345, 357\u201358, 95 S.Ct. 449, 42 L.Ed.2d 477 (1974). Furthermore, a government's \u201c[m]ere approval of or acquiescence in the initiatives of a private party\u201d does not give rise to a sufficient nexus. Bensenville, 457 F.3d at 64 (quoting Blum, 457 U.S. at 1004, 102 S.Ct. 2777). Finally, receipt of significant government funding does not create a sufficiently close nexus to transform a private entity into a governmental actor. See, e.g., Bensenville, 457 F.3d at 64 (\u201cThe receipt of public funds, even of \u2018virtually all\u2019 of an entity's funding, is not sufficient to fairly attribute the entity's actions to the government.\u201d (citing Rendell\u2013Baker, 457 U.S. at 840\u201341, 102 S.Ct. 2764) ); Williams v. Howard Univ., 528 F.2d 658, 660 (D.C. Cir. 1976). This is so even when the government has attached various conditions to receipt of such funding. See Greenya, 512 F.2d at 561 (finding that conditions attached to the George Washington University's \u201cgovernment grants, loan, and loan guarantees\u201d were not so pervasive as to \u201ctrigger constitutional guarantees in the University's relations with its employees\u201d). Consequently, Professor Woytowicz's argument that the University was a governmental actor because it received substantial federal funding, conditioned upon the University's compliance with Title regulations, is unpersuasive. See Am. Compl. \u00b6\u00b6 302\u2013312; Pl.'s Opp'n at 13\u201314. Instead, to meet the \u201cnexus\u201d test, a plaintiff must typically show that the government exercised \u201ccoercive power\u201d or \u201csignificant encouragement\u201d over a private entity or individual's actions or decisions. See Bensenville, 457 F.3d at 64; Lunceford v. D.C. Bd. of Educ., 745 F.2d 1577, 1581 (D.C. Cir. 1984); see also Lyles v. Hughes, 964 F.Supp.2d 4, 7 (D.D.C. 2013) (\u201c[A] challenged activity may be [governmental] action when it results from the [government's] exercise of coercive power, when the [government] provides significant encouragement, either overt or covert, or when a private actor operates as a willful participant in joint activity with the [government] or its agents.\u201d). Specifically, even when a legislative or regulatory scheme is imposed on a private entity, discretionary decisions made under such a scheme are not likely to constitute governmental action. See Daniels v. Union Pac. R.R. Co., 480 F.Supp.2d 191, 196\u201397 (D.D.C. 2007) (holding that although the Federal Railway Administration \u201cheavily regulated\u201d railroads by, among other actions, setting eligibility standards for engineers, because the defendant railroad company \u201cexercise[d] a substantial amount of discretion in designing and implementing [its] procedures for certifying engineers, and the federal government d[id] not participate in these ground level decisions,\u201d there was no state action by the defendant); see also All. for Cmty. Media, 56 F.3d at 116. 2/22/25, 5:19 v (2018) \| FindLaw 9/24 Similarly, the government's thorough vetting and approval of a private entity's procedural scheme does not automatically transform the entity's, or its employees', actions under the approved scheme into governmental action. See Bensenville, 457 F.3d at 65\u201366 (finding that the Federal Aviation Administration's thorough screening and approval of the defendant City's airport layout plan did not implicate state action because the City was the \u201cinventor, organizer, patron, and builder of the [airport] expansion,\u201d and the \u201clength or intensity of [the agency's] attention to the actions of the party before approval\u201d could not change the fact that the agency gave only its mere approval without creating the layout plan on its own); cf. Jackson, 419 U.S. at 357, 95 S.Ct. 449 (rejecting a Fourteenth Amendment claim because although \u201ca [private] utility may frequently be required \u2024 to obtain approval for practices a business regulated in less detail would be free to institute without any approval from a regulatory body \u2024 [a]pproval by a state utility commission [which] has not [ordered a] proposed practice \u2024 does not transmute a practice initiated by the utility and approved by the commission into state action.\u201d (internal quotation marks omitted) ). In cases where private universities have conducted Title investigations, courts in other jurisdictions have found that unless a plaintiff sufficiently alleged that the government was directly involved in a university's Title proceedings or compelled the university to reach a particular disciplinary outcome, there was no governmental action on the part of the institution. See Doe v. Case W. Reserve Univ., No. 1:17 414, 2017 3840418, at 9\u201310 (N.D. Ohio Sept. 1, 2017); Doe v. Washington & Lee Univ., No. 6:14-cv-00052, 2015 4647996, at 8\u20139 (W.D. Va. Aug. 5, 2015). Therefore, Professor Woytowicz's arguments that the University and its employees were governmental actors because they (1) were bound by Title regulations, (2) attempted to follow those regulations in carrying out their investigation of Professor Woytowicz, and (3) were forced to revise the University's policies under the 2011 Agreement with also fail to demonstrate government action because they do not indicate that the government coerced or exercised significant influence over the University or its employees in their creation of the University's Title policies or more particularly in Defendants' Title investigation of Professor Woytowicz. Although the government requires compliance with Title regulations as a precondition of receiving funding, the University and its employees exercised ample discretion in (1) establishing their own Title definitions and procedures, see, e.g., Am. Compl. \u00b6\u00b6 61\u2013 63 (quoting the University's own definition of \u201cConsensual Relationships\u201d); see generally University Policy; and (2) implementing those policies during their investigation of Professor Woytowicz, see, e.g., Am. Compl. \u00b6\u00b6 162\u2013164, 186 (explaining the University's interpretation of \u201cconsensual relationships\u201d to include \u201cverbal or physical conduct of a sexual nature\u201d); id. \u00b6\u00b6 170\u2013172, 197 (discussing Defendants' proposal of an informal resolution); id. \u00b6 240 (citing Dean Arnesen's email where he explained his decision not to initiate a formal hearing upon conclusion of the administrative review). Because regulation of a private entity normally does not constitute a sufficient \u201cnexus\u201d without coercion or significant encouragement by the government, and because the University here exercised broad discretion within the bounds of the government's regulatory scheme, the Court finds that Professor 2/22/25, 5:19 v (2018) \| FindLaw 10/24 Woytowicz's allegations are insufficient to constitute state action. See Daniels, 480 F.Supp.2d at 193, 197; see also Rendell-Baker, 457 U.S. at 841\u201342, 102 S.Ct. 2764. Furthermore, Professor Woytowicz's complaint contains no factual allegations to support her claims that the government (1) forced the University to enter into the 2011 Agreement, or (2) made the University adopt certain revisions to its policies. See Pl.'s Opp'n at 13\u201314, 16. Professor Woytowicz asserts that \u201c[t]he government has forced the University to change its policies to make them more to the government's liking,\u201d without making any factual allegations as to what changes the University actually made after entering into the Agreement and which of OCR's actions constituted coercion or significant encouragement. Pl.'s Opp'n at 16.4 However, even when viewing the facts alleged in Professor Woytowicz's complaint in the light most favorable to her, it appears that the parties entered into the Agreement voluntarily and that whatever revisions the University made would have been subject merely to OCR's approval. See generally Agreement (stating that the Agreement is \u201c[v]oluntary\u201d between the parties). Accordingly, Professor Woytowicz has failed to sufficiently allege that the government coerced or significantly encouraged the University to revise its Title policies. See Bensenville, 457 F.3d at 66\u2013 67.5 For the foregoing reasons, the Court finds that because Professor Woytowicz has not alleged facts sufficient to plead that the University and its four employees involved in Professor Woytowicz's case were governmental actors, she cannot bring constitutional claims against them. As such, Professor Woytowicz cannot pursue her Bivens claims and the Court dismisses Counts 1 through 9. B. The \u00a7 1985 Claim Professor Woytowicz also claims that Defendants violated her First and Fifth Amendment rights under the Ku Klux Klan Act, 42 U.S.C. \u00a7 1985.6 Defendants seek dismissal of this claim on the ground that \u00a7 1985(3) does not provide a remedy for conspiracies among private actors. See Defs.' Mot. at 15\u201316. Professor Woytowicz responds that Defendants are governmental actors, and that even if the Court were to find otherwise, she has sufficiently alleged the requisite element of governmental \u201cinvolvement,\u201d as distinguished from governmental action, to raise a \u00a7 1985(3) claim. See Pl.'s Opp'n at 18\u201319. The Court agrees with Defendants and dismisses Professor Woytowicz's \u00a7 1985 claim because she has failed to adequately plead governmental action or involvement as required to allege a conspiracy to deprive an individual of her First or Fifth Amendment rights under \u00a7 1985(3). To state a claim under \u00a7 1985(3), a plaintiff must allege (1) a conspiracy; (2) for the purpose of depriving, either directly or indirectly, any person or class of persons of the equal protection of the laws, \u2024 and (3) an act in furtherance of the conspiracy; (4) whereby a person is either injured in her person or property or deprived of any right or privilege of a citizen of the 2/22/25, 5:19 v (2018) \| FindLaw 11/24 United States. The statute does not apply to all conspiratorial tortious interferences with the rights of others, but only those motivated by some class-based, invidiously discriminatory animus. Leonard v. George Washington Univ. Hosp., 273 F.Supp.3d 247, 256 (D.D.C. 2017) (quoting Atherton v. D.C. Office of Mayor, 567 F.3d 672, 688 (D.C. Cir. 2009) ). In some instances, a plaintiff who alleges conspiracy to interfere with her constitutionally protected rights may not be required to plead governmental action, see, e.g., Griffin v. Breckenridge, 403 U.S. 88, 105\u201306, 91 S.Ct. 1790, 29 L.Ed.2d 338 (1971) (finding that the \u201cright of interstate travel is constitutionally protected, does not necessarily rest on the Fourteenth Amendment, and is assertable against private as well as governmental interference\u201d). However, if the allegation involves a \u201cpredicate constitutional violation [that] itself requires [a showing of] governmental action, then so does [the] \u00a7 1985(3) claim.\u201d Bois v. Marsh, 801 F.2d 462, 476 n.6 (D.C. Cir. 1986) (citing Scott, 463 U.S. at 831\u201334, 103 S.Ct. 3352); see also Scott, 463 U.S. at 833, 103 S.Ct. 3352 (\u201cBecause that Amendment restrains only official conduct, to make out their \u00a7 1985(3) case, it was necessary for respondents to prove that the state was somehow involved in or affected by the conspiracy.\u201d). Courts in this Circuit have held that First and Fifth Amendment violation claims require a showing of governmental action, and therefore a plaintiff who alleges conspiracy to interfere with First and Fifth Amendment rights under \u00a7 1985(3) must also sufficiently plead that defendants were governmental actors. See, e.g., Anderson v. USAir, Inc., 818 F.2d 49, 56 (D.C. Cir. 1987) (finding that the plaintiff's \u201cFifth Amendment claim fails because [the] private corporation[ ] is not a state actor.\u201d); Provisional Gov't of Republic of New Afrika v. Am. Broad. Companies, Inc., 609 F.Supp. 104, 109 (D.D.C. 1985) (dismissing the plaintiff's First Amendment claim under \u00a7 1985(3) because the plaintiff did not sufficiently plead \u201cthe requisite element of state action.\u201d). Because, as explained above, Professor Woytowicz has failed to sufficiently plead governmental action by Defendants, the Court dismisses her \u00a7 1985 claim. C. Breach of Contract Claims The Court next turns to Professor Woytowicz's breach of contract claims, which have triggered several disagreements between the parties, such as: (1) whether Professor Woytowicz may withdraw her breach of the Collective Bargaining Agreement claim in her opposition brief to Defendants' motion to dismiss; and (2) whether Professor Woytowicz has alleged any breach of contract claims that are (a) not preempted by Section 301 of the Labor Management Relations Act and (b) not opposed by Defendants. See Defs.' Mot. at 17\u201319; Pl.'s Opp'n at 21; Defs.' Reply at 6\u20137. As explained below, the Court finds that Professor Woytowicz may not withdraw her breach of the claim through her opposition brief, and also finds that her claim is preempted by Section 301 of the and has not been properly exhausted as required by the Act. Therefore, the Court dismisses her claim for breach of the CBA. However, the Court agrees with Professor Woytowicz that she has raised other breach of contract claims that are neither preempted by Section 301 nor opposed by Defendants. The Court declines to exercise 2/22/25, 5:19 v (2018) \| FindLaw 12/24 supplemental jurisdiction over those claims and, as explained below, will remand them to D.C. Superior Court. 1. Attempt to Withdraw a Claim In her opposition brief, Professor Woytowicz informed the Court that she \u201cwithdraws her claim for breach of the collective bargaining agreement\u201d and the corresponding paragraphs from the Amended Complaint. Pl.'s Opp'n at 21. She provides no reason for this decision. See Pl.'s Opp'n at 21. However, she asserts that she \u201chas alleged other breach of contract claims, which Defendants have not moved to dismiss,\u201d Pl.'s Opp'n at 21 (emphasis added), and therefore, which must survive Defendants' motion. Defendants chide Professor Woytowicz's response as \u201cnonsense\u201d for two reasons. Defs.' Reply at 6. First, Defendants argue that \u201c[Professor] Woytowicz cannot use her opposition to a motion to dismiss to \u2018withdraw\u2019 an allegation she cannot sustain.\u201d Defs.' Reply at 6 (citing Kingman Park Civic Ass'n v. Gray, 27 F.Supp.3d 142, 165 n.10 (D.D.C. 2014) ). In support of this argument, Defendants point out that they raised this preemption issue in their motion to dismiss her original complaint, but Professor Woytowicz still chose to include her breach of the claim in her Amended Complaint. See Defs.' Reply at 6; see also Defs.' Mot. Dismiss (\u201cDefs.' 1st Mot.\u201d) at 15\u201317 No. 4. Second, Defendants challenge Professor Woytowicz's assertion that she has alleged breaches of contracts \u201cother than the collective bargaining agreement.\u201d Defs.' Reply at 6\u20137. The Court agrees with Defendants that the breach of the claim cannot be withdrawn through Professor Woytowicz's opposition brief, and therefore that the Court must evaluate the sufficiency of her pleadings. However, the Court finds that Professor Woytowicz has indeed raised other breach of contract claims that she has not attempted to withdraw, and which Defendants have not challenged, and which therefore survive Defendants' motion to dismiss. Under Federal Rule of Civil Procedure 15, a party may amend its pleading within 21 days of filing, with the consent of the parties, or with the consent of the court. See Fed. R. Civ. P. 15(a)(1), (a)(2 court may, for example, permit a party to correct its pleading when it has made an innocent mistake. See, e.g., Stewart v. Bowser, 296 F.Supp.3d 88, 91 (D.D.C. 2017) (allowing plaintiff to amend its complaint to substitute the correct defendants). However, \u201c[i]t is well settled law that a plaintiff cannot amend its complaint by the briefs in opposition to a motion to dismiss.\u201d Kingman Park Civic Ass'n v. Gray, 27 F.Supp.3d 142, 160 n.7 (D.D.C. 2014) (citations omitted). \u201cTo hold otherwise would mean that a party could unilaterally amend a complaint at will.\u201d Morgan Distrib. Co. v. Unidynamic Corp., 868 F.2d 992, 995 (8th Cir. 1989); see Friedman v. Village of Skokie, 763 F.2d 236, 239 (7th Cir. 1985) (\u201cFiling an amendment to a complaint without seeking leave of court or written consent of the parties is a nullity.\u201d). Courts in this District treat a withdrawal of a claim as it would an amendment to a complaint. See, e.g., Barnes v. District of Columbia, 42 F.Supp.3d 111, 120 (D.D.C. 2014) (treating withdrawal of claims as a motion to amend the complaint); Featherston v. District of Columbia, 910 F.Supp.2d 1, 10\u201311 (D.D.C. 2012) (same). 2/22/25, 5:19 v (2018) \| FindLaw 13/24 The Court finds Professor Woytowicz's attempt to withdraw her claim to be an effort to amend her Amended Complaint, and as such, cannot allow her to withdraw her breach of the claim and the corresponding paragraphs through her opposition brief. See, e.g., Barnes, 42 F.Supp.3d at 120; Featherston, 910 F.Supp.2d at 10\u201311. Neither Defendants nor this Court have consented to such an amendment. See Fed. R. Civ. P. 15(a)(1), (a)(2). And even though she does not expressly provide any reason for the withdrawal, it does not appear that Professor Woytowicz seeks to correct an innocent mistake. Cf. Stewart, 296 F.Supp.3d at 91 (allowing plaintiff to substitute the correct defendants). Additionally, Professor Woytowicz does not offer any reason as to why she should be permitted to withdraw this claim now or why she did not withdraw this claim before filing her amended complaint, especially after Defendants raised the preemption issue in their first motion to dismiss. See Pl.'s Opp'n at 21; Defs.' Reply at 6; Defs.' 1st Mot. at 15\u201317. Therefore, the Court cannot allow Professor Woytowicz to withdraw her breach of the claim, and must evaluate the sufficiency with which it was pled. 2. Preemption and Exhaustion Under the Labor Management Relations Act Professor Woytowicz has sued the University and four of its employees for violating her rights under her union's Collective Bargaining Agreement with the University. As explained above, when Defendants moved to dismiss this claim as improperly pleaded, Professor Woytowicz attempted to withdraw the claim in her opposition to Defendants' motion to dismiss, rather than defend the claim against Defendants' arguments. For the reasons given below, the Court dismisses Professor Woytowicz's claim for breach of the CBA. As Defendants have argued, the proper framework with which to review Professor Woytowicz's breach of the claim is Section 301 of the LMRA. See 29 U.S.C. \u00a7 185; Jackson v. Teamsters Local Union 922, 991 F.Supp.2d 71, 80 (D.D.C. 2014). \u201cSection 301 of the [LRMA] confers federal jurisdiction over \u2018[s]uits for violation of contracts between an employer and a labor organization representing employees in an industry affecting commerce.\u2019 \u201d Id. (quoting 29 U.S.C. \u00a7 185(a) ). The statutory language is broadly read to also include suits \u201cby and against individual employees.\u201d Hines v. Anchor Motor Freight, Inc., 424 U.S. 554, 562, 96 S.Ct. 1048, 47 L.Ed.2d 231 (1976); see also Carrington v. United States, 42 F.Supp.3d 156, 161 (D.D.C. 2014). Accordingly, Congress intended Section 301 to \u201ccompletely preempt[ ] any action predicated upon state law if that action \u2018depends upon the meaning of a collective-bargaining agreement.\u2019 \u201d Cephas v. MVM, Inc., 520 F.3d 480, 484 (D.C. Cir. 2008) (quoting Lingle v. Norge Div. of Magic Chef, Inc., 486 U.S. 399, 405\u201306, 108 S.Ct. 1877, 100 L.Ed.2d 410 (1988) ); see, e.g., Franchise Tax Bd. v. Constr. Laborers Vacation Trust, 463 U.S. 1, 23, 103 S.Ct. 2841, 77 L.Ed.2d 420 (1983) (reviewing a breach of a claim under Section 301 even though \u201cthe petitioner had undoubtedly pleaded an adequate claim for relief under the state law of contracts and had sought a remedy available only under state law.\u201d). 2/22/25, 5:19 v (2018) \| FindLaw 14/24 \u201cAlthough an employee may sue an employer under \u00a7 301 for breach of a CBA, the employee first must exhaust the grievance and arbitration procedures in the CBA.\u201d Cephas, 520 F.3d at 485 (citing Republic Steel Corp. v. Maddox, 379 U.S. 650, 652-53, 85 S.Ct. 614, 13 L.Ed.2d 580 (1965) ); cf. Clayton v. Automobile Workers, 451 U.S. 679, 687\u201398, 101 S.Ct. 2088, 68 L.Ed.2d 538 (1981) (explaining that while an employee must exhaust grievance procedures before filing suit, she will not always need to exhaust internal union grievance procedures first). Professor Woytowicz's Amended Complaint contains no allegations that she has exhausted the CBA's grievance or arbitration procedures. Cf. Am. Compl. \u00b6 658 (explaining that if she were to engage in the grievance procedures outlined in the University's CBA, she would waive her ability to bring the other claims she has brought in this suit). Therefore, Defendants argue that Professor Woytowicz's breach of the claim is (1) preempted by Section 301 of the LMRA, and (2) must be dismissed because she has failed to first participate in the CBA's grievance procedures. See Defs.' Mot. at 18\u201319. The Court agrees on both counts. Professor Woytowicz's breach of the claim is preempted by Section 301 of the LMRA. Section 301 governs the claim because it is brought by an individual employee against her employer for violation of a and \u201cdepends upon the meaning of a collective-bargaining agreement.\u201d Lingle, 486 U.S. at 406, 108 S.Ct. 1877; see 29 U.S.C. \u00a7 185; Hines, 424 U.S. at 562, 96 S.Ct. 1048; Am. Compl. \u00b6 660 (\u201cAll Defendants have breached Prof. Woytowicz's contractual rights under the Collective Bargaining Agreement.\u201d). Therefore, even if Professor Woytowicz properly alleges an \u201caction predicated upon state law,\u201d Section 301 preempts it. Cephas, 520 F.3d at 484 (citation omitted); see also Franchise Tax Bd., 463 U.S. at 23, 103 S.Ct. 2841. Because Professor Woytowicz's breach of the claim is preempted by Section 301, and because Professor Woytowicz implicitly admits that she did not engage in the CBA's grievance and arbitration procedures before bringing this action, see Am. Compl. \u00b6 658, her claim must be dismissed. 3. Additional Breach of Contract Claims It appears, however, that Professor Woytowicz has alleged additional breach of contract claims that are not preempted by Section 301 and not opposed in Defendants' motion to dismiss. Defendants argue that Professor Woytowicz \u201calleges no breach of contract other than the collective bargaining agreement.\u201d See Defs.' Reply Supp. at 6\u20137 (emphasis in original). And Professor Woytowicz does not identify which breach of contract claims she refers to when she asserts that \u201cPlaintiff has alleged other breach of contract claims, which Defendants have not moved to dismiss,\u201d Pl.'s Opp'n at 21. However, Professor Woytowicz indeed refers to two other breaches of contracts under Count 14 along with her breach of the claim: (1) breach of Defendants' Title policy and (2) breach of a \u201ccontractual right to conduct the program for the Writing in the Discipline project.\u201d Am. Compl. \u00b6\u00b6 656, 661\u201362. Neither of these allegations would be preempted by Section 301 of the because they do not \u201cdepend[ ] on the meaning of a collective-bargaining agreement.\u201d Lingle, 486 U.S. at 406, 108 S.Ct. 1877; see 29 U.S.C. \u00a7 185. And neither of these allegations were challenged by Defendants in their motion to dismiss the 2/22/25, 5:19 v (2018) \| FindLaw 15/24 Amended Complaint. See generally Defs.' Mot. As such, despite the leanness with which they are pled, see Am. Compl. 655\u2013663, the Court cannot dismiss these common law contract claims.7 D. The Remaining State Law Claims Having dismissed all of Professor Woytowicz's federal claims, the Court now turns to her remaining state law claims. Professor Woytowicz has brought sex discrimination, hostile work environment, and retaliation claims under the DCHRA, as well as common law breach of contract and intentional infliction of emotional distress claims. See Am. Compl. \u00b6\u00b6 636\u201367; see also Pl.'s Opp'n at 21, 24\u201325. Defendants argue that the Court should exercise supplemental jurisdiction over these counts and dismiss them because Professor Woytowicz has not sufficiently alleged facts that support each claim and because these claims present no \u201cnovel or complex issue of State law,\u201d see Defs.' Mot. at 19\u201327 (quoting 28 U.S.C. \u00a7 1367(c)(1) ). On the other hand, Professor Woytowicz contends that she has in fact adequately pleaded her claims, see Pl.'s Opp'n at 22\u201330. For the reasons explained below, the Court declines to exercise supplemental jurisdiction over Professor Woytowicz's remaining state law claims and remands those claims to D.C. Superior Court, from which they were originally removed. After a federal district court dismisses all the federal claims in an action, it may\u2014at its discretion\u2014 exercise supplemental jurisdiction over any remaining state law claims. See Edmondson & Gallagher v. Alban Towers Tenants Ass'n, 48 F.3d 1260, 1265-66 (D.C. Cir. 1995); United Mine Workers of Am. v. Gibbs, 383 U.S. 715, 726, 86 S.Ct. 1130, 16 L.Ed.2d 218 (1966) (\u201c[P]endent jurisdiction is a doctrine of discretion, not a plaintiff's right.\u201d). The Supreme Court has explained that, \u201cin the usual case in which all federal-law claims are eliminated before trial, the balance of factors to be considered under the pendent jurisdiction doctrine \u2024 will point toward declining to exercise jurisdiction over the remaining state-law claims.\u201d Carnegie-Mellon Univ. v. Cohill, 484 U.S. 343, 350 n.7, 108 S.Ct. 614, 98 L.Ed.2d 720 (1988). Considerations of \u201cjudicial economy,\u201d \u201cconvenience,\u201d and \u201cfairness to litigants\u201d inform the court's use of its discretion. United Mine Workers, 383 U.S. at 726, 86 S.Ct. 1130; see 28 U.S.C. \u00a7 1367(c)(3). Courts in this District, for example, have justified their decision to not exercise supplemental jurisdiction over state law claims when: (1) \u201c[a]ll federal claims against Defendants have been dismissed\u201d; (2) \u201c[t]he case has not progressed in federal court past motions for judgment on the pleadings\u201d; (3) \u201cdiscovery has just commenced\u201d; and (4) \u201cthe Court has developed little familiarity with the issues presented.\u201d Mpoy v. Fenty, 901 F.Supp.2d 144, 158\u201359 (D.D.C. 2012); see also Rodriguez v. Shulman, 844 F.Supp.2d 1, 14 (D.D.C. 2012) (declining to exercise supplemental jurisdiction over state law claims because the case \u201cha[d] not progressed past the Motion to Dismiss stage, nor ha[d] the Court invested substantial time and resources in the case\u201d). Even though this Court has the discretion to exercise supplemental jurisdiction, Edmondson, 48 F.3d at 1265\u201366, the balance of considerations \u201cpoint[s] toward declining to exercise jurisdiction over the remaining state-law claims.\u201d Carnegie-Mellon Univ., 484 U.S. at 350 n.7, 108 S.Ct. 614. In this case, the 2/22/25, 5:19 v (2018) \| FindLaw 16/24 Court has little\u2014if any\u2014justification for adjudicating the state law claims based on the interest in judicial economy, convenience, or fairness to the parties. See 28 U.S.C. \u00a7 1367(c)(3); United Mine Workers, 383 U.S. at 726, 86 S.Ct. 1130. To the contrary, first, all federal claims have been dismissed from this action. See supra Section III.A; Mpoy, 901 F.Supp.2d at 159. Second, this action is still at the motion to dismiss stage. See Mpoy, 901 F.Supp.2d at 159; Rodriguez, 844 F.Supp.2d at 14. Third, the Court has not invested significant time and resources toward adjudicating the merits of the issues. See Mpoy, 901 F.Supp.2d at 159; Rodriguez, 844 F.Supp.2d at 14. And fourth, because Professor Woytowicz originally filed this action in D.C. Superior Court, she will not be prejudiced by the case's return to her preferred forum. See Turpin v. Ray, 319 F.Supp.3d 191, 206\u201307, 2018 3404149, at 10 (D.D.C. July 12, 2018). On balance, these considerations compel the Court to decline to exercise supplemental jurisdiction over the remaining state law claims. Accordingly, this Court remands the remaining state law claims to D.C. Superior Court For the foregoing reasons, Defendants' Motion to Dismiss Plaintiff's Amended Complaint No. 10) is PART. Professor Woytowicz's constitutional and \u00a7 1985 claims, as well her claim for breach of the University's CBA, are hereby dismissed, while her remaining D.C. statutory and common law claims are hereby remanded to D.C. Superior Court. An order consistent with this Memorandum Opinion is separately and contemporaneously issued 2. More specifically, Professor Woytowicz claims that Defendants violated her First Amendment rights to (i) freedom of speech by prohibiting \u201ccommunications with \u2024 present and former students,\u201d Am. Compl. \u00b6\u00b6 583\u2013587, (ii) freedom from retaliation or \u201cretaliatory harassment\u201d for maintaining her innocence, id. \u00b6\u00b6 590\u2013591, 607\u2013611, (iii) freedom to associate or \u201cintimate[ly] associat[e] with present or former students,\u201d id. \u00b6\u00b6 597\u2013606; and her Fifth Amendment rights to (iv) freedom from sex discrimination, id. \u00b6\u00b6 614\u2013616, (v) due process of law, id. \u00b6\u00b6 619\u2013621, (vi) freedom from \u201cretaliatory harassment for asserting her right to due process,\u201d id. \u00b6\u00b6 624\u2013626, and (vii) freedom from Defendants \u201cchanging her status and barring her from teaching in violation of her liberty interests without the due process of law.\u201d Id. \u00b6\u00b6 627\u2013630. 3. The terms \u201cgovernmental actor\u201d and \u201cstate actor\u201d may be used interchangeably. See, e.g., Brug v. Nat'l Coal. for Homeless, 45 F.Supp.2d 33, 42 n.14 (D.D.C. 1999). 4. Professor Woytowicz articulates this allegation for the first time in her opposition briefing. See Pl.'s Opp'n at 16. Her amended complaint alleged only that the University's policies violated the terms of the Resolution Agreement. See Am. Compl. \u00b6\u00b6 316\u2013320. But plaintiffs may not amend their complaints through briefs in opposition to motions to dismiss. See Middlebrooks v. Godwin Corp., 722 F.Supp.2d 82, 87 n.4 (D.D.C. 2010). 2/22/25, 5:19 v (2018) \| FindLaw 17/24 5. Even if Professor Woytowicz had pleaded facts indicating that the government had coerced the University into adopting its current Title policies, because there is no indication in Professor Woytowicz's Amended Complaint that the government was directly involved in or dictated the outcome of the University's investigation, Professor Woytowicz has failed to plead state action. See Doe v. Washington & Lee Univ., 2015 4647996, at 9 (noting that, \u201cfor Fifth Amendment protections to apply, the government must have compelled the act of which Plaintiff complains,\u201d and finding that the state action requirement was not met when Plaintiff did not \u201callege that the government deprived [the university] of its autonomy to investigate and adjudicate charges\u201d). 6. Professor Woytowicz alleged in her complaint that Defendants violated her \u201cright under the (Ku Klux Klan) Act to be free from conspiracies to deprive her of her rights as a citizen of the United States\u201d based on \u201canimus against her [for] her female gender.\u201d Am. Compl. \u00b6 633. The Act, however, \u201cprovides no substantial rights itself to the class conspired against \u2024 [and therefore] [t]he rights, privileges, and immunities that \u00a7 1985(3) vindicates must be found elsewhere.\u201d United Bhd. of Carpenters & Joiners of Am., Local 610 v. Scott, 463 U.S. 825, 833, 103 S.Ct. 3352, 77 L.Ed.2d 1049 (1983) (internal quotation marks omitted); see also Hairston v. District of Columbia, 638 F.Supp. 198, 206 (D.D.C. 1986). Additionally, \u00a7 1985 may not be used to vindicate rights an employee might have under Title for sex discrimination. See Great Am. Fed. Sav. & Loan Ass'n v. Novotny, 442 U.S. 366, 378, 99 S.Ct. 2345, 60 L.Ed.2d 957 (1979). Nonetheless, because Professor Woytowicz stated earlier in her complaint that Defendants violated \u00a7 1985(3) by conspiring to (1) deprive her of her \u201c[c]onstitutionally guaranteed rights,\u201d Am. Compl. \u00b6 4(j), including her rights to \u201cdue process\u201d and \u201cher property interest in continued teaching,\u201d and (2) punish her for \u201cdefending herself against the \u2024 complaint\u201d and \u201cresisting an unjustified reprimand,\u201d id. \u00b6 503, the Court construes her complaint to allege that Defendants conspired to deprive her of her First and Fifth Amendment rights in violation of \u00a7 1985(3), based on her earlier articulation of those claims. See infra note 2. 7. As asserted, the breach of \u201c[Defendants'] Title policy\u201d is a state law claim. While this breach of contract claim will involve analysis of a policy inspired by a federal statute, Title is not \u201cthe subject matter of the controversy\u201d and therefore the claim does not arise under federal discrimination law. See Gunn v. Minton, 568 U.S. 251, 257\u201358, 133 S.Ct. 1059, 185 L.Ed.2d 72 (2013) (remanding plaintiff's state law malpractice claim involving an allegedly botched patent case after finding that the malpractice claim did not \u201carise under\u201d federal law CONTRERAS, United States District Judge Was this helpful? Yes No 2/22/25, 5:19 v (2018) \| FindLaw 18/24 Welcome to FindLaw's Cases & Codes free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law. Go to Learn About the Law v (2018) Docket No: Civil Action No.: 17-2703 (RC) Decided: August 27, 2018 Court: United States District Court, District of Columbia. 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Terms > \| Privacy > \| Disclaimer > \| Cookies > 2/22/25, 5:19 v (2018) \| FindLaw 24/24", "7349_104.pdf": "Search Results for: false accusations / LAWSUIT: Falsely Accused Prof. Suing for Malicious Title Investigation 5, 2018 Chemistry professor Catherine Woytowicz is suing George Washington University after it allegedly subjected her to a malicious sexual harassment investigation. Woytowicz was accused of Title sexual harassment by a male student and the accusations \u201cwere later found to be unfounded.\u201d According to the complaint, Title Coordinator Rory Muhammad kept a notebook of the accusations against Woytowicz, and when she asked to see it during the meeting, Muhammad held the notebook above her head and seemed to \u2018delight in this, as if playing a child\u2019s game of keep away\u2019. Woytowicz claims that the University\u2019s handling of the case represented a breach of contract and violated her rights under the First and Fifth Amendments and the D.C. Human Rights Act. thecollegefix.com By Daniel Payne Keep our boys enrolled in college and educated Menu 2/22/25, 5:20 Search Results false accusations 1/14 Boyfriend Coerced 4 Females to Falsely Accuse a Stellar Senior Male 9, 2017 jealous boyfriend convinced four female students to falsely accuse a graduating male of sexual misconduct years after the alleged behavior. According to the former student\u2019s lawsuit \u201cJohn Doe\u201d accuses Hamilton College of changing its sexual-misconduct investigative procedures so drastically \u2013 that it effectively denied him due process and discriminated against him based on his gender. Doe\u2019s complaint alleges Hamilton ignored his text- message evidence that the accusations were a setup. Doe was heavily sanctioned by the college 12 days before he was supposed to graduate. thecollegefix.com By Jeremiah Poff Mother Shares Her Son\u2019s Persecution & His Injustice Over False Accusation 17, 2017 Things seemed to go okay during my son\u2019s freshman year and by senior year he held several leadership positions within his Sigma Chi fraternity chapter and also one with the national organization. In one of his positions he was expected to report instances of hazing. He took his job seriously and was diligent, which caused some brothers to be upset with him\u2026My son\u2019s senior year began in September 2015 and what should have been an exciting time for him became a nightmare. Unfortunately, he would become the target of some vindictive brothers\u2026 saveservices.org By Bobbie Wilson 2/22/25, 5:20 Search Results false accusations 2/14 / Male is Wrongly Expelled Over False Accusation and Files Suit 14, 2017 former student government leader at the University of South Florida St. Petersburg is accusing the school of wrongly expelling him over allegedly false accusations of sexual wrongdoing. John Doe told campus officials that Roe did not object to the sexual encounter, and she had continued contact through texting \u2013 and even had breakfast with him and friends the following morning \u2013 until he declined her request for a date and after she allegedly saw a social-media photo of him with another woman\u2026Despite Doe\u2019s claims of consensual sex expelled Doe in May 2017, denying him a subsequent appeal. In the suit Doe concludes with a plea for his future am 19 years and stand before you literally fighting for my life. Please don\u2019t end it before it even begins over allegations that are absolutely not true.\u201d saintpetersblog.com / 10 LAWSUITS: White College Girls Who Consent to Sex, Then Falsely Accuse Black Male Students 30, 2017 Fifty years ago a white woman accused 14 year old black Emmett Till of sexual assault. It turns out her accusation was false, Throughout America, college campuses are reliving the Jim Crow South where black men stereotyped as rapists were lynched by the Ku Klux Klan. Today at colleges when a white female accuses a black male of assaulting her, Title teaches (religiously) that she is to be believed. This brazen and radical feminist stance of \u2018believe\u2019 is leading to hundreds of innocent males being Title9 falsely 2/22/25, 5:20 Search Results false accusations 3/14 accused, expelled and denied a college education for life. Many of the a without resources to defend their innocence. Below are true stories of a assaults involving white girls who Title9 accuse blacks Denied PROCESS, and denied the INNOCENCE. Sacred Heart University: White Female and 2 Black Males have consenti White Female is charged w making a false allegation. their college education or scholarship back. Colorado State University-Pueblo: White Female and Black Male have co intervention leads to EXPELLED. University of Findlay: White Female and 2 Black Males have consenting s but after cries rape. 2 EXPELLED. University of Penn: White Female and Black Male have consenting sex wants EXPELLED. Texas Tech University: White Female and Black Male athlete have conse SUSPENDED. University of Minnesota: Consenting Female w 10 Black football players. charges and all 10 SUSPENDED. University of Oregon: Consenting Female w 3 Black Males engage in sex accuses, 3 and lose athletic scholarship, and co Boise State University: Sexy Consenting Female w 3 Black Males. She Acc EXPELLED, University of New Mexico: Consenting Female w 3 Black Males. Female a proves Males are innocent. 3 EXPELLED. Florida State University: White Female and Black Male athlete have cons accuses. Black Male is found innocent three times. White Female shifts s evidence. White Female seeks celebrity and $$ while False accusations exist. Due Process is essential for justice. Alice / 2/22/25, 5:20 Search Results false accusations 4/14 for Prosecutor Integrity fights back against false sexual assault allegations 29, 2017 launched an initiative to combat false reports of sexual assault and the overcriminalization of sexual conduct. The program aggregates research on the rate of false accusations of sexual assault, noting that it is the second-most-common crime of which people are wrongfully convicted. The program places particular emphasis on the state of due process protections for those who are accused of sexual assault on college campuses. washingtontimes.com By Bradford Richardson Related: Due process group launches investigation against victim centered investigations / UBUFFALO: She Admitted Her Sex Assault Claim Was False 9, 2017 Cheers go out to investigators at the University at Buffalo North Campus female student claimed she was sexual assaulted. The investigators were unable to find evidence to support her claim. The student admitted that her claim was false. Thank God this young girl realized her mistake in making a false accusation, and admitted her mistake before she could ruin an innocent young man. This is why due process and fact finding is essential when an accusation of an assault is made. buffalo.edu By Kate McKenna Social worker: false rape accusations a cry for help 2/22/25, 5:20 Search Results false accusations 5/14 Tendencies Of Falsely Accused College Males 16, 2017 Parents of innocent accused sons are often crying inside for years as they try to help their young sons heal after they are treated cruelly and unjustly by Title IX. Title hearings are not about seeking truth when a sex accusation is made. Title is about cruelty towards the minority gender on campuses. Males. New lawsuits appear weekly from accused males who have been bullied, abused and denied due process by Title IX. And thanks to Obama\u2019s 2011 DCL, Title is very successful in expelling/suspending/denying an education to hundreds of males. Once accused, males are isolated from their friends, and told they cannot speak to anyone at the school about the accusation. As a result, these young 17-24 year old males are emotional wrecks for years, lending to suicidal thoughts, hospitalization or both hear from these males and their parents, and below is a sampling of their suffering. Because this information is so personal, I\u2019ve simplified the stories by removing details to protect identities. \u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2014- My son suffers from panic attacks regularly. My son has PTSD. My son confessed to me that suicide crossed his mind more than once. My son was suicidal but fortunately not successful thanks to friends. My friend\u2019s son was hospitalized for suicidal thoughts and he is still in therapy. My son is too distressed to talk to me. My son\u2019s spirit was damaged worried he might go down a black hole of depression. He barely ate or slept for months. 2/22/25, 5:20 Search Results false accusations 6/14 My son was deeply depressed for a long time and he still can\u2019t discuss h My son committed suicide. Later on his accuser wanted to meet with m sorry for accusing my son. She was trying make another guy jealous. The whole thing is a profoundly isolating experience felt was in a black hole. Two years ago a my son committed suicide. His accuser later recanted. My son was put on suicide watch at Occidental College. His friends were hurt himself when he was removed from his dorm room and put in isola the suicide watch line, and for 24 hours my son had guards outside his r It\u2019s been three years since my son was falsely accused, but he recently t had been, and how dark they still are at times. He also told me he consi during those dark days three years ago, and my husband and never kn During my son\u2019s Title hearing we told the college we were very afraid his own life lawyer told me that he takes phone calls 24/7 from college males who being falsely accused. \u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2013 The emotional toll of a false accusation on families and their son is imm trauma is unbearable for these young college males, and thankfully man but the wounds are deep and permanent. The scars that these innocent private and we must help them heal by offering a hand up, by preservin innocence, and by demanding due process. If we do not, America is to b False Accusations and the Denial Of Mens Emotional Pain -Alice True False Accusation at Austin Peay State University 2/22/25, 5:20 Search Results false accusations 7/14 18, 2016 reported sexual assault by a stranger at Austin Peay State University turned out to be false. There was no description of a suspect and the student has since changed her story. \u201cAfter further investigation, it was determined that the events as described did not occur Police Chief said. \u201cThe person who reported the incident advised police officers that she was not assaulted by an unknown subject in that area,\u201d theleafchronicle.com Rape Accusations Cry For Help Chapel Hill: Football Player Says Rape Accusation Is False 28, 2016 need my little brother to see me stand up for myself here,\u201d Allen Artis, a 21-year-old junior linebacker, said in his first public comments released Tuesday want him to know that a false accusation will never intimidate me.\u201d nbcnews.com by Erik Ortiz 4 Reasons Why Women Make False Rape Accusations \u00ab < 3 4 5 6 7 > \u00bb Search 2/22/25, 5:20 Search Results false accusations 8/14 Accused Clemson Male Student Wins Big! $5.3 Million Big Readers Sexual-Assault Rule Prevails. Due Process On Campus Survives In Court. 2ND Court Denies Motion To Preliminarily Enjoin Implementation Of New Title Regs Denies Blue State AG\u2019s Attempts To Deny College Students Due Process False accusations of campus sexual assault are increasing. In this short documentary three college men speak about their Orwellian nightmare of being falsely accused while denied their constitutional rights. Schools are: Occidental 2/22/25, 5:20 Search Results false accusations 9/14 College, Columbia University, and University of Tennessee. You can see the full documentary here: video.foxnews.com New Regs BLOG, Personal Stories Turner Court Documents, Trial Testimony, etc. Other Perspectives Overview Rulings & Settlements News DoED, TitleIX Process Rights Accusers & Stats News, Case Dismissed Ground DeBunked Don't Apply Here Reads Lawsuits 2/22/25, 5:20 Search Results false accusations 10/14 June 2022 September 2020 August 2020 July 2020 June 2020 May 2020 April 2020 2/22/25, 5:20 Search Results false accusations 11/14 March 2020 February 2020 January 2020 December 2019 November 2019 October 2019 September 2019 August 2019 July 2019 June 2019 May 2019 April 2019 March 2019 February 2019 January 2019 December 2018 November 2018 October 2018 September 2018 August 2018 July 2018 June 2018 May 2018 April 2018 March 2018 February 2018 January 2018 December 2017 November 2017 October 2017 2/22/25, 5:20 Search Results false accusations 12/14 September 2017 August 2017 July 2017 June 2017 May 2017 April 2017 March 2017 February 2017 January 2017 December 2016 November 2016 October 2016 September 2016 August 2016 July 2016 June 2016 May 2016 April 2016 March 2016 February 2016 January 2016 December 2015 November 2015 October 2015 September 2015 August 2015 July 2015 June 2015 May 2015 April 2015 2/22/25, 5:20 Search Results false accusations 13/14 March 2015 February 2015 January 2015 December 2014 November 2014 October 2014 August 2014 May 2014 February 2014 November 2013 \u00a9 Save Our Sons 2025 Powered by WordPress \u2022 Themify WordPress Themes 2/22/25, 5:20 Search Results false accusations 14/14", "7349_105.pdf": "LAWSUIT: Falsely Accused Prof. Suing for Malicious Title Investigation 5, 2018 Chemistry professor Catherine Woytowicz is suing George Washington University after it allegedly subjected her to a malicious sexual harassment investigation. Woytowicz was accused of Title sexual harassment by a male student and the accusations \u201cwere later found to be unfounded.\u201d According to the complaint, Title Coordinator Rory Muhammad kept a notebook of the accusations against Woytowicz, and when she asked to see it during the meeting, Muhammad held the notebook above her head and seemed to \u2018delight in this, as if playing a child\u2019s game of keep away\u2019. Woytowicz claims that the University\u2019s handling of the case represented a breach of contract and violated her rights under the First and Fifth Amendments and the D.C. Human Rights Act. thecollegefix.com By Daniel Payne Share this: Search Keep our boys enrolled in college and educated Menu 2/22/25, 5:20 LAWSUIT: Falsely Accused Prof. Suing for Malicious Title Investigation 1/7 Accused Clemson Male Student Wins Big! $5.3 Million Big Readers Sexual-Assault Rule Prevails. Due Process On Campus Survives In Court. 2ND Court Denies Motion To Preliminarily Enjoin Implementation Of New Title Regs Denies Blue State AG\u2019s Attempts To Deny College Students Due Process False accusations of campus sexual assault are increasing. In this short documentary three college men speak about their Orwellian nightmare of being falsely accused while denied their constitutional rights. Schools are: Occidental 2/22/25, 5:20 LAWSUIT: Falsely Accused Prof. Suing for Malicious Title Investigation 2/7 College, Columbia University, and University of Tennessee. You can see the full documentary here: video.foxnews.com New Regs BLOG, Personal Stories Turner Court Documents, Trial Testimony, etc. Other Perspectives Overview Rulings & Settlements News DoED, TitleIX Process Rights Accusers & Stats News, Case Dismissed Ground DeBunked Don't Apply Here Reads Lawsuits 2/22/25, 5:20 LAWSUIT: Falsely Accused Prof. Suing for Malicious Title Investigation 3/7 June 2022 September 2020 August 2020 July 2020 June 2020 May 2020 April 2020 2/22/25, 5:20 LAWSUIT: Falsely Accused Prof. Suing for Malicious Title Investigation 4/7 March 2020 February 2020 January 2020 December 2019 November 2019 October 2019 September 2019 August 2019 July 2019 June 2019 May 2019 April 2019 March 2019 February 2019 January 2019 December 2018 November 2018 October 2018 September 2018 August 2018 July 2018 June 2018 May 2018 April 2018 March 2018 February 2018 January 2018 December 2017 November 2017 October 2017 2/22/25, 5:20 LAWSUIT: Falsely Accused Prof. Suing for Malicious Title Investigation 5/7 September 2017 August 2017 July 2017 June 2017 May 2017 April 2017 March 2017 February 2017 January 2017 December 2016 November 2016 October 2016 September 2016 August 2016 July 2016 June 2016 May 2016 April 2016 March 2016 February 2016 January 2016 December 2015 November 2015 October 2015 September 2015 August 2015 July 2015 June 2015 May 2015 April 2015 2/22/25, 5:20 LAWSUIT: Falsely Accused Prof. Suing for Malicious Title Investigation 6/7 March 2015 February 2015 January 2015 December 2014 November 2014 October 2014 August 2014 May 2014 February 2014 November 2013 \u00a9 Save Our Sons 2025 Powered by WordPress \u2022 Themify WordPress Themes 2/22/25, 5:20 LAWSUIT: Falsely Accused Prof. Suing for Malicious Title Investigation 7/7", "7349_106.pdf": "Female professor sues university after being subject to \u2018malicious\u2019 Title investigation 2, 2018 Instructor hit with \u2018nebulous fog\u2019 of accusation chemistry professor at George Washington University is suing the school after it allegedly subject her to a \u201cmalicious\u201d sexual harassment investigation. Chemistry and international affairs professor Catherine Woytowicz accused the university of \u201c15 different infractions\u201d in a recently filed lawsuit, according to The Hatchet. \u201cIn a 249-page complaint,\u201d reports, Woytowicz \u201cclaims that the The Hatchet Email \ue607 1 Colleges celebrate Valentine\u2019s with \u2018ethical porn,\u2019 abortion \u2018party\u2019 and \u2018Genital Diversity Gallery 13, 2025 2 Over 500 studies retracted for \u2018unreliable\u2019 information: watchdog 14, 2025 3 New research identifies more than 1,100 DEI- related jobs at University of Michigan 30, 2025 4 After objecting to schools\u2019 \u2018equity\u2019 programs, liberal parents attacked, called \u2018racist ARTICLE: 2/22/25, 5:20 Female professor sues university after being subject to \u2018malicious\u2019 Title investigation \| The College Fix 1/4 University\u2019s handling of the case represented a breach of contract and violated her rights Professors: Axing bureaucrats, eliminating agencies means Trump is \u2018aspiring strongman\u2019 Federal agency halts scholarship program at HBCUs following Trump\u2019s crackdown 8, 2025 5 Harvard students more focused on extracurriculars than academics: report 3, 2025 ARTICLE: 2/22/25, 5:20 Female professor sues university after being subject to \u2018malicious\u2019 Title investigation \| The College Fix 2/4 Pro-Palestinian protest at Case Western caused $400,000 in damages; now 11 are being indicted union rescinds Israel boycott resolution after just 1 month ARTICLE: 2/22/25, 5:20 Female professor sues university after being subject to \u2018malicious\u2019 Title investigation \| The College Fix 3/4 \u00a9 2025 ARTICLE: 2/22/25, 5:20 Female professor sues university after being subject to \u2018malicious\u2019 Title investigation \| The College Fix 4/4"}
8,593	Theodore C. Bestor	Harvard University	[ "8593_101.pdf", "8593_102.pdf", "8593_103.pdf", "8593_104.pdf", "8593_105.pdf", "8593_106.pdf", "8593_107.pdf", "8593_108.pdf" ]	{"8593_101.pdf": "Protected by Decades-Old Power Structures, Three Renowned Harvard Anthropologists Face Allegations of Sexual Harassment Senior Anthropology professors Theodore C. Bestor, Gary Urton, and John L. Comaroff have weathered allegations of sexual harassment, including some leveled by students. But affiliates said gender issues in the department stretch beyond them May 29, 2020 In 1986, a group of professors writing for the journal Current Anthropology found that the country\u2019s most elite anthropology programs, including Harvard\u2019s, operated based on a \u201chierarchy of prestige\u201d dominated by powerful tenured faculty. The Tozzer Anthropology Building and Peabody Museum house offices for Harvard's Anthropology department. 2/22/25, 5:21 Protected by Decades-Old Power Structures, Three Renowned Harvard Anthropologists Face Allegations of Sexual Harassment \| N\u2026 1/24 Nearly 35 years later, it is in part that very hierarchy that has allowed three of Harvard\u2019s senior Anthropology faculty \u2014 former department chairs Theodore C. Bestor and Gary Urton and professor John L. Comaroff \u2014 to weather allegations of sexual harassment, including some leveled by students, according to people with knowledge of the matter and documents obtained by The Crimson. In 2018, a Harvard investigation found Bestor committed two counts of sexual misconduct during an interaction with a female professor at a 2017 conference at UCLA. Harvard\u2019s Faculty of Arts and Sciences disciplined Bestor for the incident, but allowed him to return to work before completing required sanctions. Even before that allegation, several faculty and Harvard officials had been aware since at least 2013 of multiple complaints that Bestor had engaged in inappropriate conduct, according to interviews and documents obtained by The Crimson. In March 2016, one of Urton\u2019s former students emailed an sexual harassment officer to ask about \u201cthe process for submitting a complaint concerning a faculty member.\u201d In both the former student\u2019s conversations with that employee and an affidavit later filed in federal court, she alleged Urton pressured her into \u201cunwelcome sex\u201d before writing her a recommendation letter, though she never filed a formal charge against him. Three current female students told The Crimson this month that they are actively in communication with Harvard\u2019s Title office regarding allegations against Comaroff. Last November, the department asked Comaroff not to use his office in the Tozzer Anthropology Building and removed him from an Anthropology course he was scheduled to teach, according to interviews and documents obtained by The Crimson. Bestor, 68, who studies modern Japan; Urton, 73, who specializes in pre- Columbian archaeology; and Comaroff, 75, who studies postcolonial Africa, are all tenured professors in the department. Urton and Bestor are both scheduled to teach undergraduates and graduate students in the coming academic year. Comaroff, meanwhile, is scheduled to advise Anthropology graduate students and teach undergraduate courses in African and African American Studies, though he has no undergraduate Anthropology courses listed in the preliminary course catalog. 2/22/25, 5:21 Protected by Decades-Old Power Structures, Three Renowned Harvard Anthropologists Face Allegations of Sexual Harassment \| N\u2026 2/24 In a May 19 statement to The Crimson, Urton wrote that he had never violated policies on sexual harassment and that, due to confidentiality rules, he could issue nothing but a blanket denial of allegations against him. Bestor wrote in a May 21 statement that he took full responsibility for the incident at in 2017, which he wrote was caused in part by a \u201cserious problem with alcohol\u201d that he has since taken steps to treat. He denied the other allegations leveled against him by former students. In a May 26 emailed statement, Comaroff denied ever having engaged in sexual misconduct or retaliated against a student have not behaved inappropriately toward any Harvard student, nor ever engaged in professional retaliation am at a loss as to why such things should be alleged, let alone reported in The Crimson in the absence of any due process, if there is to be one,\u201d he wrote. \u201cFor the record have not been banished from the Department of Anthropology, my office, or my teaching, nor informed of any formal charges.\u201d Urton, Bestor, and Comaroff are just three among many Anthropology faculty at Harvard. But dozens of people who passed through the department over the last two decades told The Crimson that the problems women face there stretch beyond the allegations against individual professors. Those individuals \u2014 including current students, graduates, former faculty, and other affiliates \u2014 said a department dedicated to the study of human culture failed to notice that its own culture placed women at a disadvantage. An internal department report compiled by a student committee last year documented how those disparities affected female students\u2019 outcomes. Since 1990, female archaeology students have taken longer to complete their Ph.Ds, withdrawn at higher rates, published fewer articles by graduation, and undertaken a disproportionate workload as teaching fellows, according to a copy of the report obtained by The Crimson. Anthropology is a tight-knit field, students in the department said, one where advisors can either open doors for young anthropologists or close them forever. Because of that dynamic, women who were made uncomfortable by faculty in the department said they faced a persistent dilemma. Report, and risk their 2/22/25, 5:21 Protected by Decades-Old Power Structures, Three Renowned Harvard Anthropologists Face Allegations of Sexual Harassment \| N\u2026 3/24 career aspirations in anthropology. Continue, and face greater obstacles than their male counterparts. Several of those interviewed said hiring practices like the ones outlined in the 1986 study on the \u201chierarchy of prestige\u201d remain at the root of the problems female students face in the Harvard Anthropology department, pointing particularly to a lack of female faculty. Just three of 21 tenured faculty who hold appointments in the department are female. Within its archaeology wing, there are no tenured female faculty. Across FAS\u2019s social sciences division, 32 percent of tenured professors are women, according to a 2020 Harvard report. In response to The Crimson\u2019s reporting, Anthropology department chair Ajantha Subramanian, who took over from Urton as chair in 2018, and interim chair Rowan K. Flad, who is filling in for Subramanian as she takes leave through July, provided a 3,400-word statement on the department\u2019s efforts in recent years to become \u201cmore diverse, responsive, and equitable.\u201d \u201cThese include ongoing measures to prioritize diversity in faculty hiring, to ensure a high rate of success in internal tenure promotions, to institute mechanisms for students to address their concerns, and to create new forums for intellectual and social engagement,\u201d they wrote. The chairs declined to comment on individual allegations of sexual harassment in the department, referring those questions to administrators. \u201cWe want to underscore the seriousness with which we take all such allegations and our strong commitment to addressing them using every means at our disposal to create a department climate that is free from harassment and sexual misconduct,\u201d Subramanian and Flad wrote spokesperson Rachael Dane also declined to comment on specific allegations against faculty. \u201cThe Faculty of Arts and Sciences takes incidences of sexual misconduct and harassment involving our Faculty very seriously and believes the full spectrum of unwelcome behavior must be addressed,\u201d Dane wrote in an emailed statement, responding to the 2017 allegations against Bestor. She made a similar statement regarding the current allegations against Comaroff. Dane declined to comment in response to the allegations against Urton and the 2013 allegations against Bestor. 2/22/25, 5:21 Protected by Decades-Old Power Structures, Three Renowned Harvard Anthropologists Face Allegations of Sexual Harassment \| N\u2026 4/24 The following account is based on emails, affidavits filed in federal court, and other documents obtained by The Crimson, and on interviews conducted over the past eight months with 72 individuals, including 41 current and former graduate students in the department and five former faculty members. Many spoke only on the condition of anonymity because they said they feared retaliation and damage to their career prospects, even years after they had left Harvard PATTERN\u2019 When the professor reported Bestor had assaulted her at the 2017 conference, it was not the first time Anthropology faculty and University officials heard complaints that he had sexually harassed women. At least two other women have accused Bestor of sexual misconduct since the early 2010s, and multiple people have raised concerns about him to the Title office, according to documents obtained by The Crimson and individuals with direct knowledge of the complaint. Harvard administrators first learned of student concerns regarding Bestor as early as 2013. According to several current and former graduate students, allegations against him are the most widely known instances of alleged sexual misconduct in the department. After reading a late night email in 2013 that brought back memories of Bestor\u2019s \u201clongstanding pattern\u201d of harassment, one student told four Anthropology faculty members about inappropriate physical contact and email messages she had received from him, according to a 2014 affidavit the student filed under seal in federal court. Speaking on the condition of anonymity, she estimated in an interview that she had around 10 interactions with Bestor which she found uncomfortable or inappropriate, including harassing emails and unwelcome kissing, over a roughly seven-year period. One of the professors she spoke with \u2014 Urton, the then-department chair \u2014 assured her that he was in contact with the University\u2019s lawyers and ombudsman about her concerns. Urton wrote in his statement that the court case in which the allegations against Bestor surfaced \u2014 a gender discrimination lawsuit brought against Harvard by 2/22/25, 5:21 Protected by Decades-Old Power Structures, Three Renowned Harvard Anthropologists Face Allegations of Sexual Harassment \| N\u2026 5/24 former associate Anthropology professor Kimberly S. Theidon \u2014 had been decided in the University\u2019s favor. Urton also noted that the judge found he had adequately responded to the allegations against Bestor. United States District Court Judge Leo T. Sorokin wrote in his 2018 opinion that Urton had \u201chandled the matter promptly\u201d and to the \u201csatisfaction\u201d of the reporting party. The student wrote in the 2014 affidavit that the conduct had stopped, and that she had been able to \u201cmaintain a cordial relationship\u201d with Bestor, though she chose to distance herself from him remain concerned that my complaint could adversely affect his future recommendations about me and my work,\u201d she wrote did not, and do not, want my complaint to adversely affect his career in any way made the complaint solely because wanted the offensive conduct to stop, both for my own sake and for the sake of future graduate students at Harvard.\u201d In his emailed statement, Bestor wrote that he did not send inappropriate late night emails to students or make inappropriate physical contact with students. He wrote that he was never contacted by anyone in the department or Harvard about any Title or Office for Dispute Resolution complaint related to the 2013 allegations in the affidavit. Five students said in interviews that they were aware of a second student since 2013 who said Bestor had sexually harassed her. Heidi H. Lockwood, a professor at Southern Connecticut State University who advocates on behalf of women subject to sexual misconduct at universities, wrote in an email that she is personally aware of multiple allegations against Bestor. \u201cThe complainants have declined to file formal complaints due to the perception that Bestor wields significant power within the field of anthropology,\u201d she wrote. \u201cThey are afraid that filing a complaint -- or even saying negative things about Bestor to others in the field -- would make it difficult or impossible to get a job. In the case of at least one alumna of the program, this appears to have been a justifiable fear.\u201d Harvard officials also appear to have been aware that fear of reprisal discouraged people with allegations against Bestor from reporting, Lockwood 2/22/25, 5:21 Protected by Decades-Old Power Structures, Three Renowned Harvard Anthropologists Face Allegations of Sexual Harassment \| N\u2026 6/24 wrote. She spoke with Harvard Title officer Seth Avakian on July 18, 2017 about allegations against Bestor. During their conversation, according to Lockwood, Avakian said multiple students had contacted the Title office with concerns about Bestor, but declined to file formal complaints. Lockwood also recounted the conversation to a third party in a July 19, 2017 email provided to The Crimson. \u201cAs an explanation for the refusal to file formal complaints, [Avakian] pointed out that although Harvard can prohibit retaliation on campus, the Title Office has no way to protect complainants from retaliation within a discipline or a field,\u201d Lockwood wrote in her statement to The Crimson. Bestor wrote that he was unaware anyone had discussed concerns about him with the Title office prior to 2017. \u201cThe only complaint made against me that am aware of in my 33-year teaching career is a single complaint made in 2017 that investigated and which was based on a one-time, isolated incident that was fueled by alcohol, as the complainant herself recognized,\u201d Bestor wrote. In that incident, the professor from another university reported to UCLA\u2019s Title office in May 2017 that, while he was inebriated, Bestor made inappropriate statements to her at a dinner banquet for Japan studies professors at earlier that month. The woman \u2014 one of Bestor\u2019s former advisees who had relied on him for reference letters throughout her career \u2014 also reported that Bestor attempted to hug and kiss her at the dinner, according to another sworn affidavit filed in Theidon\u2019s case in 2019 have taken full responsibility for my conduct from the moment of first learning of the complaint,\u201d Bestor wrote in his statement. \u201cThis event was a one-time, isolated incident that occurred because of a medical condition have that contributed to my becoming intoxicated at the event.\u201d Bestor wrote that he suffers from Type 2 diabetes. On the day of the incident, he was unable to return to his hotel to take his insulin and medication. \u201cThe combination of not having access to my medication, the unseasonably hot day, too little food and too much champagne at the reception all contributed to my becoming intoxicated,\u201d Bestor wrote. \u201cMy condition only got worse at 2/22/25, 5:21 Protected by Decades-Old Power Structures, Three Renowned Harvard Anthropologists Face Allegations of Sexual Harassment \| N\u2026 7/24 dinner where there was an abundance of wine, causing me to become extremely intoxicated.\u201d \u201cThe incident, which deeply regret and for which accepted full responsibility, made me finally recognize that had a serious problem with alcohol,\u201d he wrote realized that needed to take action so that such an incident would never occur again went through alcohol detoxification and can proudly report that have now completed two years of sobriety referred the Title complaint to Harvard, according to the affidavit. Despite Bestor\u2019s employment at the University, Harvard\u2019s Title office declined to investigate the incident on jurisdictional grounds. The complainant wrote in the affidavit that Harvard initiated an investigation by its Office for Dispute Resolution in November 2017, only after she appealed the initial refusal in a letter to then-University President Drew G. Faust. Dane, the Harvard spokesperson, wrote that takes incidents of sexual misconduct and harassment involving faculty \u201cvery seriously.\u201d She noted that when misconduct complaints fall outside the University\u2019s jurisdiction may determine a need to refer the case to for investigation. In March 2018, Harvard notified the complainant that ODR\u2019s investigation had substantiated one verbal and one physical count of faculty misconduct of a sexual nature against Bestor, according to the affidavit. Dane confirmed disciplined Bestor in March 2018, but declined to specify the sanctions. According to the complainant\u2019s affidavit required, among other measures, that Bestor not contact her, that he step down as director of the Reischauer Institute of Japanese Studies, that Harvard investigate Bestor\u2019s conduct with other students, that Bestor write letters apologizing to witnesses in the investigation, and that Bestor not return to work until he completed the sanctions. Harvard, however, allowed Bestor to return to work before completing the sanctions, according to the affidavit. He started teaching two classes in January 2019, but had not yet sent all of the required apology letters. In February 2019, the complainant wrote to Senior Associate Dean of Faculty Affairs Kwok W. Yu to ask about the status of the apology letters. Yu replied 2/22/25, 5:21 Protected by Decades-Old Power Structures, Three Renowned Harvard Anthropologists Face Allegations of Sexual Harassment \| N\u2026 8/24 that, due to an \u201coversight\u201d on the University\u2019s part, Bestor had returned to work without sending the letters to the witnesses, and that they had subsequently been delivered, according to the affidavit. Another attendee of the dinner banquet, speaking on the condition of anonymity to discuss confidential processes, said they received an apology letter from Bestor in mid-February 2019, more than a month after Bestor had returned to teaching. Bestor confirmed in his statement that Harvard \u201csternly sanctioned\u201d him for aspects of his behavior that violated University policy, and noted that he has now completed all of the sanctions after being delayed by illness. \u201cIn this same time period, in June and July 2018 was diagnosed with stage 4 metastatic prostate cancer and began radiation and other treatments (which continue to this day),\u201d Bestor wrote. \u201cAs a result, the letters of apology to others in attendance at the dinner were delayed in being sent am in compliance with all of the requirements that Harvard imposed have accepted all the sanctions placed against me, and consider this matter closed,\u201d he added. Over the years, Harvard and the Anthropology department\u2019s response to repeated allegations against Bestor caused concern among those familiar with the case. Students said they were reluctant to raise their concerns formally, fearing that doing so could hurt their career prospects. More than four years passed between the 2013 allegation and the investigation, during which Bestor continued to advise graduate students. Other Anthropology faculty who were the subjects of complaints, however, have not faced formal discipline When the 2013 allegation against Bestor surfaced, the task of handling it fell to the department\u2019s then-chair, Urton. At the time, Urton was engaged in an affair with one of his former students that began when she asked Urton to write her a recommendation letter, according to another sealed affidavit filed in the Theidon case. 2/22/25, 5:21 Protected by Decades-Old Power Structures, Three Renowned Harvard Anthropologists Face Allegations of Sexual Harassment \| N\u2026 9/24 Later, in 2016, the woman told an sexual harassment officer that Urton had pressured her into \u201cunwelcome sex\u201d in exchange for helping her advance her career. Urton first made sexual advances toward the woman in October 2011, when she was a student in one of his Extension School classes, according to her affidavit. She said she rejected those advances. Several weeks later, the student submitted her final paper \u2014 a study of Inca gender relations \u2014 but had yet to receive a grade. Around Dec. 22, 2011, she said she went to Urton\u2019s office at his invitation, hoping to ask him whether he would advise her thesis. During the meeting, the student told Urton she hoped to work as a teacher and attend the Harvard Divinity School. Urton complimented her paper and said she showed \u201ca great deal of promise\u201d in anthropology, according to her affidavit, which she provided to The Crimson. Saying he could help her achieve her goals, Urton suggested a private meeting to discuss her career further, the student wrote in her affidavit. He then moved around his desk and placed his hand on her knee. \u201cBy the position of his hand knew he meant a sexual exchange,\u201d the student wrote in the affidavit. \u201cIn a routine tone of voice without any apparent concern, he suggested that meet him at a hotel and room which he would designate. He told me he would bring wine.\u201d The student wrote in the affidavit that she understood Urton\u2019s actions as an advance requesting a sexual encounter in exchange for a \u201cglowing\u201d letter of reference. She also wrote that Urton was \u201ca tenured professor with a life appointment to the chair of the Department of Anthropology in the most prestigious University in the field, and in one of the fields in which was hoping to apply for a PhD felt could not say no without jeopardizing my grade or my recommendation,\u201d the student wrote. After she agreed, Urton suggested they meet at the Sheraton Commander hotel in Harvard Square, according to emails attached as exhibits to the affidavit. The student wrote that when they met at the hotel a week later, she had yet to receive a grade. She alleged in the affidavit that Urton provided alcohol and 2/22/25, 5:21 Protected by Decades-Old Power Structures, Three Renowned Harvard Anthropologists Face Allegations of Sexual Harassment \| N\u2026 10/24 made sexual advances toward her while she was intoxicated, which she submitted to. She also alleged he asked her to perform sexual acts that were unwelcome to her. Several days after the encounter, Urton emailed her a pornographic video and instructions on oral sex, according to the affidavit. He gave her an in the class and wrote her a recommendation letter for graduate school. The student and Urton then engaged in a consensual affair for several years. Still, she wrote in the affidavit that the effects of Urton\u2019s unwelcome advances lingered have suffered greatly from having participated in unwelcome sex and became severely depressed,\u201d she wrote. Over the course of their affair, Urton sent intimate messages to the student using his Harvard email account and contacted her from his office phone, according to the affidavit and exhibits filed alongside it. He also sent the student explicit comments about her and another female scholar, calling the other scholar his \u201cplayboy bunny,\u201d a \u201cwhore,\u201d a \u201cbitch,\u201d and a \u201cfuck,\u201d according to the affidavit. In his statement to The Crimson, Urton wrote that federal and state law, as well as University policies, prevent him from disclosing confidential information about a current or former student. He added, however, that the allegations provided to him by The Crimson are \u201ceither untrue, inaccurate, or misleading.\u201d \u201cEven if were able to identify the students or events to which you refer in your email, under state and federal law, and Harvard University policies, the only comment would be permitted would be a blanket denial,\u201d he wrote. \u201cNo matter what the circumstance could not disclose personal information about a student or former student.\u201d He wrote that he has \u201cadhered scrupulously\u201d to the FAS\u2019s policies on sexual harassment throughout his entire career, \u201cdespite unfounded rumors which may appear from time to time.\u201d Current sexual harassment policies explicitly prohibit faculty from engaging in sexual relations with students under their supervision; the policies in place in 2011 only noted that faculty members who did so were \u201cliable for formal action against them.\u201d 2/22/25, 5:21 Protected by Decades-Old Power Structures, Three Renowned Harvard Anthropologists Face Allegations of Sexual Harassment \| N\u2026 11/24 \u201cIn the academic context, the fundamental element of sexual harassment is ordinarily the inappropriate personal attention by an instructor or other officer who is in a position to exercise professional power over another individual,\u201d the 2011 policies read. \u201cThis could involve an instructor who determines a student\u2019s grade or who can otherwise affect the student\u2019s academic performance or professional future.\u201d Urton also wrote in his letter that any student who alleges a violation of these policies can request a thorough investigation through ODR. \u201cIn my 18 years as a member of the Harvard faculty, no student or former student has ever filed a complaint against me with the Office of Dispute Resolution, my Department or the Dean,\u201d he wrote. \u201cThe same can be said for the 22 years prior to my appointment at Harvard. This would not be the case if there were any substance to the allegations contained in your email.\u201d For several years after leaving Harvard, the student wrote in her affidavit, she hesitated to report her allegations against Urton. After finding what she called a \u201csupportive climate\u201d away from Harvard, she decided to come forward to University officials in 2016 \u201cto prevent [Urton] hurting other people if they should come forward.\u201d In March 2016, the former student emailed Faust, asking to \u201cdiscuss a situation involving Dr. Gary Urton,\u201d according to the exhibits. She also emailed an sexual harassment officer, and later told the officer by phone about Urton\u2019s inappropriate behavior, the sexual exchange, and the subsequent affair. The sexual harassment officer, Johannah K. Park, followed up about whether the former student wanted to pursue the \u201cformal complaint option,\u201d according to emails the student provided to The Crimson. Faust\u2019s chief of staff, Lars P. K. Madsen, later responded to the student\u2019s email and wrote that he would be willing to speak with the student on Faust\u2019s behalf. When the student told Madsen of her conversation with the sexual harassment officer, he replied that the officer would be the \u201cright person to speak to.\u201d The student wrote that she decided to submit the affidavit in 2016 because she felt it was \u201cimportant that the University know that this sort of solicitation is occurring on the campus.\u201d 2/22/25, 5:21 Protected by Decades-Old Power Structures, Three Renowned Harvard Anthropologists Face Allegations of Sexual Harassment \| N\u2026 12/24 In response to questions from The Crimson, the student wrote that she has \u201cno ill feelings for Dr. Urton,\u201d but that she believed that she would have completed further education at Harvard if not for him. The woman\u2019s affidavit \u2014 like the two containing allegations against Bestor \u2014 was filed on behalf of the plaintiffs in Theidon\u2019s gender discrimination lawsuit. In the 2015 suit, Theidon accused Urton of intentionally sabotaging her prospects for tenure when he learned of her advocacy on behalf of students who said they had experienced sexual harassment. The question of whether Theidon was unfairly denied tenure due to the Urton\u2019s and others\u2019 actions sparked a five- year legal battle in federal court, ultimately decided against Theidon. The courts rejected her argument that Urton turned against her when he learned of public comments she made and her meetings with students who had allegedly been harassed by Bestor. Sorokin dismissed Theidon\u2019s case in February 2018, ruling against her on summary judgement. After Theidon appealed the ruling, a three-judge panel of the First Circuit Court of Appeals upheld Sorokin\u2019s decision on Jan. 22, 2020 When she first filed suit, Theidon made two primary arguments: that her advocacy biased faculty like Urton against her, and that the Anthropology department as a whole fostered a hostile environment for women. While the courts found neither persuasive, Theidon\u2019s case shed new light on women\u2019s standing in the Anthropology department. Theidon first met with Senior Vice Provost Judith D. Singer about gender disparities in the department in August 2010. She told Singer that women were given the \u201clion\u2019s share of the undergrad teaching load.\u201d Theidon also said in the suit that the department\u2019s lone tenured female professor at the time, Mary M. Steedly, advised Theidon to act like a \u201cdutiful daughter\u201d in the department, playing down her intelligence and not complaining about the extra workload. That November, Singer prompted a visiting committee from Harvard\u2019s Board of Overseers to look into diversity in the Anthropology department, according to the First Circuit. In its March 2011 report, the visiting committee found \u201cthe 2/22/25, 5:21 Protected by Decades-Old Power Structures, Three Renowned Harvard Anthropologists Face Allegations of Sexual Harassment \| N\u2026 13/24 Anthropology Department lacked diversity at the tenured level in terms of gender and ethnicity and, as a result, Harvard needed to pursue stronger efforts to recruit and retain diverse tenured faculty,\u201d according to the First Circuit opinion. Though four of the five junior faculty in the department this fall will be women, only four of its 22 senior faculty will be, according to Subramanian and Flad. There are no tenured female faculty in the department's archaeology wing. In interviews with The Crimson, 10 female graduate students and former faculty members said the lack of female faculty made it difficult to see paths forward in the field for themselves. Archaeologist Sadie L. Weber, who completed a Ph.D. in the department in 2019, said her undergraduate university, Stanford, had many female faculty in its anthropology department. As she approached her Harvard graduation, however, the lack of female representation among Harvard\u2019s tenured faculty became \u201cvery discouraging\u201d to her while she considered her career prospects. \u201cThe academic job market isn\u2019t great in archaeology,\u201d she said. \u201cSo just seeing that one of the supposedly top institutions in the world didn\u2019t have any [women was like, \u2018What does this mean for me?\u2019\u201d Weber said the absence of tenured women in archaeology also meant she lacked mentors to turn to with questions about how to stay safe while doing fieldwork. \u201cHarassment is rampant,\u201d Weber said don\u2019t think that male faculty members can\u2019t understand it for lack of trying or lack of empathy, but it\u2019s just something that maybe hasn\u2019t been on their radar.\u201d Elizabeth S. Chilton, an Anthropology professor in Harvard\u2019s department from 1996 to 2001, said that while she felt supported by male faculty, the gender demographics of the department grated on her. \u201cIt meant we didn\u2019t have anyone that we could imagine ourselves being in their shoes,\u201d Chilton said. \u201cNow I\u2019m a dean and saw that for myself when had a woman dean take me under her wing and really say to me, \u2018You could do this, if this is what you want to do.\u2019\u201d Chilton \u2014 who will become provost of Washington State University in August \u2014 said she believed it was important to be a role model for female undergraduates and graduate students while she was in Harvard\u2019s department. 2/22/25, 5:21 Protected by Decades-Old Power Structures, Three Renowned Harvard Anthropologists Face Allegations of Sexual Harassment \| N\u2026 14/24 \u201cIt is harder if you don\u2019t see people who look like you,\u201d she said. \u201cWhether that\u2019s faculty of color or women, not seeing people in those positions just gives you that extra hurdle that you have to try to climb over.\u201d Carole A. S. Mandryk, who taught in the department from 1993 to 2005, said female students would sometimes come to her office to discuss issues they encountered with other faculty. \u201cThey didn\u2019t necessarily want help, because it was not like could help them. They wanted to vent and have understanding,\u201d Mandryk said. In particular, forging a strong connection with a dissertation advisor is a necessary condition for success in the department and after graduation, 10 current and former students said. Students rely on their advisors for formal matters \u2014 letters of recommendation and sign-offs on classes, teaching load, and dissertation milestones \u2014 as well as more informal support. \u201cEverything that you have to do with respect to the University, with respect to your department, and oftentimes even your professional contacts beyond Harvard goes through or is at least signed off on by your advisor,\u201d said Max D. Price, an archaeology student who earned his Ph.D. from the department in 2016. \u201cThere\u2019s an incredible dependency that develops.\u201d It is highly unlikely that a student with a problematic relationship with their advisor could succeed as a career anthropologist, Price added. \u201cIf you have a bad relationship with your advisor, your academic career usually ends,\u201d he said. Beyond structural requirements like recommendation letters, informal social networks between faculty \u2014 which impact which journal a student might get published in or what university they might earn an interview from \u2014 deepen the dependency, said Jason B. Silverstein, a 2016 Anthropology Ph.D. recipient and a current lecturer at Harvard Medical School. \u201cWhere these vast power dynamics are especially insidious is with those really informal channels, like who is willing to make a phone call for you or not,\u201d Silverstein said. At Harvard, such informal networks have been largely inaccessible to women, several students and former faculty said. 2/22/25, 5:21 Protected by Decades-Old Power Structures, Three Renowned Harvard Anthropologists Face Allegations of Sexual Harassment \| N\u2026 15/24 Mandryk, for instance, said she felt discouraged from going up for tenure because she wasn\u2019t able to access the \u201cacademic old boys\u2019 network.\u201d She said male faculty and male students met informally to discuss grant, research, and co-authorship opportunities, meetings from which she felt excluded. In addition to Mandryk, more than a dozen people currently or formerly affiliated with the department used the term \u201cold boys\u2019 club\u201d to describe its dynamics. Several of them said male professors\u2019 relationships with male students seemed more comfortable and casual than those with female students, citing examples like the informal meetings. One current student who spoke on the condition of anonymity said she once observed a male student take his shoes off during a meeting with a male professor, and that the professor responded by taking off his own shoes. She said she felt a female student would not be treated the same way. Multiple students said such casual, \u201cbro-y\u201d relationships translated to more opportunities for male students to speak in class and participate in potential networking opportunities. Male students would go out for drinks or meals with professors; female students often only learned of them later. And because informal networking tends to dictate career advancement in anthropology, the male students became better positioned to succeed. The 2019 gender report identified a need for the department to provide more opportunity for female students to participate during formal networking events and to \u201cequally distribute\u201d opportunities to attend meals or smaller group meetings. Silverstein said reliance on social capital for career advancement created the conditions for exploitation in the advisor-student relationship, especially because of the precariousness of the academic job market. \u201cIn today\u2019s job market, where even the smartest doctoral students are basically guaranteed to struggle on the job market or not get a job at all, the power dynamic between a Ph.D. advisor who might hold the keys to one of those positions \u2014 or appear to hold the keys to one of those positions \u2014 and a 2/22/25, 5:21 Protected by Decades-Old Power Structures, Three Renowned Harvard Anthropologists Face Allegations of Sexual Harassment \| N\u2026 16/24 doctoral student who makes $30,000 a year and doesn\u2019t have dental insurance has never been more extreme,\u201d he said ROAD\u2019 When Mandryk arrived at Harvard for her job interview in 1993 \u2014 even before her first day as a member of the Anthropology faculty \u2014 a male professor made disparaging comments about her nursing her one-year-old child, she said. Mandryk, who taught as a junior faculty member and as a lecturer, said that while most male professors she encountered during her time in the department were less direct, she came to understand that if a female professor wanted to get tenure, she would have to demonstrate that work \u2014 not family \u2014 was her highest priority. \u201cIt was definitely pointed out to me that it was assumed that wasn\u2019t really or couldn\u2019t be a serious researcher if took being a mother seriously,\u201d Mandryk said. Three female students who spoke on the condition of anonymity and attended Harvard over the past decade also said male faculty actively discouraged them from having children. One student who studied in the department during the 2010s called the decision to have a child a \u201clonely road,\u201d adding that she felt no one from the department advocated on her behalf when she chose to have children. Graduate students commonly exceed the expected number of years Harvard anticipates they will spend on their dissertations; when she did so for family reasons, she said she felt stigmatized. Another graduate from the 2010s said male professors made her feel she had to choose between her career and motherhood. She said a professor told her when she was a prospective student that he had \u201cnever seen a student produce a child and dissertation in the same year.\u201d Another male professor criticized her when she decided to change her research location to accommodate her family. The student said those criticisms seemed to stem from an \u201cold-school notion of anthropology\u201d which several powerful male faculty in the department hold. 2/22/25, 5:21 Protected by Decades-Old Power Structures, Three Renowned Harvard Anthropologists Face Allegations of Sexual Harassment \| N\u2026 17/24 \u201cThere\u2019s this whole idea of the lone anthropologist going out into the field and sacrificing all these things to go after whatever the grand research question is,\u201d she said. \u201cThat model of a successful anthropologist that was shown to me was very much a model based upon someone who generally would live like a white male person of privilege.\u201d Several students said the department\u2019s hiring practices resulted in an \u201cold guard\u201d of professors becoming deeply established. Chilton, Mandryk, and Karen L. Kramer \u2014 another former Anthropology faculty member \u2014 all said they were told as junior faculty by senior faculty to assume Harvard would not grant them tenure. Chilton and Mandryk both said other professors told them to treat their junior faculty position as a postdoctoral appointment, rather than a chance at tenure. \u201cIt was definitely this understanding that it would be an exception if something like that were to happen,\u201d Mandryk said was told repeatedly, \u2018There\u2019s no way you would get tenure.\u2019\u201d Until formalized its current tenure track system in 2005, Harvard\u2019s rate of tenuring junior faculty across all departments remained extremely low. Chilton, Mandryk, and Kramer all said junior faculty today may have a stronger chance at earning tenure in Anthropology than they did. Still, decades of not tenuring junior faculty have left a mark on the department: a gap between the senior faculty who control its direction and culture and their younger colleagues. \u201cBasically you get this top layer of this senior faculty who stay there for decades and then you get this younger faculty that kind of comes and goes, comes and goes,\u201d Kramer said. \u201cCertain perspectives then become entrenched because you aren\u2019t bringing up your junior faculty and incorporating them into the department's perspective.\u201d Lockwood, the Southern Connecticut State professor, wrote to The Crimson that a department\u2019s hiring practices can also create a culture of impunity for misbehavior. \u201cHiring and retention practices within academia privilege the views of the senior members of a department or program,\u201d Lockwood wrote. \u201cAs a result, departments who have a known problem in their ranks tend to become nests of 2/22/25, 5:21 Protected by Decades-Old Power Structures, Three Renowned Harvard Anthropologists Face Allegations of Sexual Harassment \| N\u2026 18/24 problems -- both because they tend to attract other known problems, and because they are unable to hire or retain faculty who refuse to become ostriches or ignore the issues IMPORTANCE\u2019 \u201cThere is no question that our department urgently needs to diversify its faculty,\u201d Subramanian and Flad wrote in their emailed statement. \u201cWe are a department that has far too few senior women faculty, a situation that does not represent the current state of the field.\u201d The two chairs wrote they \u201care sure\u201d the small number of female tenured faculty affects the experiences of both male and female students, and that they intend to address the disparity with a slate of diverse hires. \u201cAs we hope is reflected in our five most recent hires -- all of whom are women and minority scholars -- diversifying the faculty is of paramount importance to us,\u201d Subramanian and Flad wrote. \u201cOur plan moving forward is to orient hiring priorities around areas of disciplinary innovation where there is strong female and minority representation.\u201d The department requested authorization for four hires last year and hosted 14 scholars for job talks, but the ultimately authorized only \u201cone targeted search for a senior woman who was part of the canvass,\u201d according to their statement. That search is now suspended due to the University-wide hiring freeze instituted in response to financial challenges presented by the coronavirus pandemic also suspended an open search for faculty who specialize in ethnic studies, which Subramanian and Flad hoped would end in the hiring of at least one of the two senior anthropologists on FAS\u2019s short list. Both candidates are people of color, and one is a woman. Subramanian and Flad also wrote that much has changed in recent years regarding how the department treats internal tenure candidates. Since 2000, the department has tenured nine junior faculty \u2014 three men in archaeology, and four men and two women in social anthropology. They added that recent senior faculty hires have also reflected institutional diversity, with none of the five lateral hires in the last decade coming from other Ivy League institutions. 2/22/25, 5:21 Protected by Decades-Old Power Structures, Three Renowned Harvard Anthropologists Face Allegations of Sexual Harassment \| N\u2026 19/24 \u201cBy university policy, senior hires are voted on only by senior faculty in the department,\u201d they wrote. \u201cThat said, in our procedures for external senior hires, we have worked hard in recent decades to include the voices of untenured faculty and students in the hiring processes.\u201d The chairs wrote that their support for the creation of the 2019 departmental report marked just one example of their dedication to incorporating student feedback. The report, compiled by a department College Fellow and several graduate students over the 2018-19 academic year, relied in part on data provided by the department itself. For example, the department provided data showing that 13 of the 15 graduate students who have withdrawn from the archaeology program since 1990 have been female, Subramanian and Flad wrote. The student committee also found that female archaeology students have consistently taken more time to complete their degrees than their male counterparts over the last 30 years, and that the gap has grown over time. Of the 28 graduates admitted since 2010, female students have taken 1.5 years longer on average to complete their Ph.Ds. Men likely made up the majority of recent withdrawals in the department\u2019s social anthropology wing, according to Subramanian and Flad. That data is currently being compiled and was not included in the 2019 report. Faculty members also wrote point-by-point replies to the student committee\u2019s recommendations before distributing the report to faculty. Given the gender disparities in degree completion time and withdrawal rates, the student committee recommended that faculty establish regular office hours for their advisees and provide explicit policies for obtaining letters of recommendation. In response, the department suggested to all professors that they hold regular office hours and create a template for their students to request recommendation letters. The report also found that male archaeology students since 1997 have published an average of 1.97 peer-reviewed articles by graduation, compared to an average of 1.53 for female students. The faculty wrote in response that all graduate students in archaeology will likely soon be required to submit a working paper earlier in the program, and 2/22/25, 5:21 Protected by Decades-Old Power Structures, Three Renowned Harvard Anthropologists Face Allegations of Sexual Harassment \| N\u2026 20/24 faculty will work to support that paper\u2019s publication. They have also begun to expand the department\u2019s professional development training. In response to the student committee\u2019s findings that women are disproportionately selected as head teaching fellows \u2014 a position the committee estimated can come with double the workload of a standard teaching fellow post \u2014 the faculty wrote that they will work to evenly distribute those roles. The department also now requires course heads to outline specific duties for each teaching fellow at the beginning of the semester, according to Subramanian and Flad. They wrote in their statement that, to their knowledge, there is \u201cno current pattern\u201d of female students being excluded from opportunities to go out for drinks or meals with faculty. \u201cAs for seminar discussions, while some may continue to be dominated by male students, this is a reflection of behavioral norms in the wider society that many of our faculty work hard to challenge in the classroom, although we do not always succeed,\u201d they wrote. Subramanian and Flad acknowledged that the department\u2019s prior approach to advising \u2014 students being admitted to work primarily with a single professor \u2014 \u201cmay well have reinforced a sense of dependency.\u201d \u201cWe now make a point of only admitting students whose interests overlap with at least three faculty members, a change which is intended to mitigate over- reliance on a single individual,\u201d they wrote. \u201cWe have also instituted a graduate advising team, which is independent of the student\u2019s chosen committee and is empowered to address and mediate concerns the student might have with an advising relationship.\u201d The department also works to inform students that they can seek new advisors and dissertation committee members at any time, including scholars outside Harvard, they added. Subramanian and Flad wrote that they will continue to attend to issues regarding female students raised by both the gender report and The Crimson, including by implementing a department climate survey that was planned this semester before the pandemic. 2/22/25, 5:21 Protected by Decades-Old Power Structures, Three Renowned Harvard Anthropologists Face Allegations of Sexual Harassment \| N\u2026 21/24 \u201cWe hope that by raising these issues, you will aid our efforts to get the necessary support from the University administration to continue to enact meaningful change, particularly in relation to the composition of the faculty,\u201d they wrote. \u201cWhile recent trends clearly indicate the direction in which we are moving, we are ourselves sometimes frustrated by the pace, and strongly wish we could make changes more quickly Several students complimented the Anthropology department\u2019s recent efforts to diversify, but some said they did not believe the department\u2019s culture could change while an older generation of primarily male senior faculty remained. Bestor, Urton, and Comaroff \u2014 the three faculty members accused of sexual misconduct \u2014 are all both tenured professors in one of the world\u2019s most renowned anthropology departments and major figures in the field at large. According to the women who filed affidavits and others, Bestor and Urton\u2019s power in the anthropology field allowed them to sexually harass women over the past decade, sometimes without drawing attention to their conduct. And while the allegations against Bestor and Urton are now several years old, those leveled against Comaroff remain an ongoing concern for the students involved. Three current students told The Crimson this month that they are in active communication with Harvard\u2019s Title office regarding concerns about Comaroff\u2019s behavior. According to interviews with those students and other current and former students in the department, multiple people have told the Title office about unwanted touching, verbal sexual harassment, and professional retaliation by Comaroff, all of which he denied in his statement to The Crimson. Last November, Flad implemented several measures that drastically reduced Comaroff\u2019s contact with Anthropology students as a result of concerns raised about his behavior, including asking him not to use his office in the Tozzer Anthropology Building and removing him from a class he was scheduled to teach, according to documents obtained by The Crimson and people with direct knowledge of the situation. Comaroff continued to teach in the Department of 2/22/25, 5:21 Protected by Decades-Old Power Structures, Three Renowned Harvard Anthropologists Face Allegations of Sexual Harassment \| N\u2026 22/24 2020 The Harvard Crimson The University Daily, Est. 1873 News Opinion Arts Blog Magazine Videos Sports General Diversity & Inclusion Privacy Policy Rights & Permissions Sitemap Advertising Newsletters Journalism Programs Corrections African and African American Studies, where he also holds an appointment. He told The Crimson he had not been \u201cbanished\u201d from Anthropology. In an emailed response to the allegations against Comaroff, Dane wrote that while Harvard does not comment on individual circumstances, the University encourages affiliates to bring instances of sexual misconduct to its attention. \u201cThe Faculty of Arts and Sciences\u2019 (FAS) Sexual and Gender-Based Harassment Policy and Procedures maintains that any member of our community, former or current, may file a formal complaint, request an informal resolution, and/or seek supportive measures to help the individual continue their education, research, and participation in all aspects of the University,\u201d she wrote. \u201cWe encourage any member of our community who has experienced inappropriate behavior to come forward.\u201d \u2014Associate Managing Editor Molly C. McCafferty contributed reporting. \u2014Staff writer James S. Bikales can be reached at [email protected]. Follow him on Twitter at @jamepdx. 2/22/25, 5:21 Protected by Decades-Old Power Structures, Three Renowned Harvard Anthropologists Face Allegations of Sexual Harassment \| N\u2026 23/24 Copyright \u00a9 2025 The Harvard Crimson, Inc. 2/22/25, 5:21 Protected by Decades-Old Power Structures, Three Renowned Harvard Anthropologists Face Allegations of Sexual Harassment \| N\u2026 24/24", "8593_102.pdf": "Anthropology Department Committee Formed Following Sexual Harassment Allegations Issues Final Report By Taylor C. Peterman, Crimson Staff Writer July 29, 2021 When Professors Speak Out, Some Students Stay Quiet. Can Harvard Keep Everyone Talking Allston Residents, Elected Of Ask for More Benefits from 10-Year Plan The Anthropology department formed a Standing Committee for a Supportive Departmental Community last year following an investigation by The Crimson that revealed three male faculty faced allegations of sexual harassment. By Ryan N. Gajarawala Sections 2/22/25, 5:23 Anthropology Department Committee Formed Following Sexual Harassment Allegations Issues Final Report \| News \| The Harvard \u2026 1/9 committee examining the climate within Harvard\u2019s Anthropology department recommended in a final report this month that the department establish a code of conduct, allow access to third-party arbitration in misconduct investigations, and order an external review when \u201cpowerful\u201d figures in the department are accused of sexual misconduct. The department formed a Standing Committee for a Supportive Departmental Community last year following an investigation by The Crimson that revealed three male faculty \u2014 former department chairs Theodore C. Bestor and Gary Urton and professor John L. Comaroff \u2014 faced allegations of sexual harassment, and that dozens of current and past students said the department\u2019s culture disadvantaged women. Following The Crimson's reporting, Harvard suspended both Urton and Comaroff, and barred Urton from campus last month. Bestor died this month. Alongside the release of the committee\u2019s final report on July 1, Anthropology chair Ajantha Subramanian wrote in an email to the department that it constitutes the \u201cbeginning of a long and challenging process of cultural change.\u201d \u201cWhile the department does not have the authority to investigate and sanction abuse, we are determined to foster an environment where even the most powerful departmental members are held to account for everyday incivilities and sustained abuses, and where those who experience harm feel empowered to speak out and be heard,\u201d Subramanian wrote. Approximately 50 faculty, staff, graduate students, undergraduates, and alumni participated in the committee, organized into eight subcommittees \u2014 each tasked with evaluating the department\u2019s strengths and weaknesses in an area. One subcommittee identified problems with University policies and processes related to Title IX, while other subcommittees assessed department diversity, career preparation, advising, curriculum, accountability, and engagement. Anthropology professor Christina G. Warinner, who chaired the full committee, said in an interview she believes the \u201cenormous amount of work\u201d the committee put in over the last year as \u201cabsolutely worth it.\u201d She noted the process to implement recommendations is just beginning. Sections 2/22/25, 5:23 Anthropology Department Committee Formed Following Sexual Harassment Allegations Issues Final Report \| News \| The Harvard \u2026 2/9 \u201cOver the course of this past year, we\u2019ve really listened to each other in a way that think, maybe hadn't happened in a while,\u201d she said think many of those recommendations are things we can do.\u201d The committee created departmental diversity and values statements and suggested creating interdisciplinary tracks for students to work with a range of faculty, developing guidelines for professional working relationships, and organizing an annual faculty retreat to discuss goals The committee also contributed to the creation of a department-wide climate survey on topics including discrimination, department activities, and career trajectories sent to current department members and alumni. Current and recent department members were invited to participate in the survey, which was administered by external consultant Edith Onderick-Harvey. Thirty-three percent of graduate students who responded to the survey reported feeling disrespected by faculty other than their primary advisor. Fifty-seven percent of department staff respondents reported feeling disrespected by faculty, and 43 percent reported being disrespected by department leadership. Some department affiliates involved with the committee raised concerns about how it was run. Bridget Alex, a Ph graduate who served on the subcommittee examining department engagement, said she was concerned the lack of compensation for members of the standing committee impacted its inclusivity. Alex said she and other alumni requested compensation for serving on the committee, but their request was denied. \u201cWe did make several intentional requests that, like, \u2018Look if you really want people to help out and be dedicated to this, you need to pay them,\u2019\u201d she said. \u201cWe spend our time working on this stuff, while we could be working on other things like academic articles that actually advance our careers instead of meeting in committees and committees to write reports that nobody looks at.\u201d Warinner wrote in an email that the department shared the request for financial compensation with the Faculty of Arts and Sciences administration and it was denied. College spokesperson Rachael Dane declined to comment on the potential for compensation for committee members. Sections 2/22/25, 5:23 Anthropology Department Committee Formed Following Sexual Harassment Allegations Issues Final Report \| News \| The Harvard \u2026 3/9 Six Ph students and one faculty member resigned from their respective subcommittees before the completion of the report. Jessica McNeil, one of those Ph students, said she resigned because she did not feel the committee could make the rapid changes she felt were necessary. The goal of the committee \u2014 to undertake a long-term evaluation of the existing structures in the department \u2014 was \u201cwonderful,\u201d McNeil said, but her desire was to \u201cknock these things down simply wasn\u2019t able to participate in a way that was productive or measured, because was too fueled by this desperation and sort of rage that wanted to see things changed,\u201d she said didn\u2019t want to negotiate with these structures Paul Clarke, another Ph student who resigned, wrote in an email that he left his role because he felt committee members lacked \u201cequal say on how the department would be structured going forward.\u201d \u201cIn February, it became clear that the committee was not as democratic as it was sold to be, and that the [head of the committee] had the power to set the agenda and shape the final result,\u201d he wrote. \u201cThey were not open to changing that structure to be more democratic, so resigned.\u201d According to Warinner, the final report \u201cdirectly reflects the voices of the members\u201d of the standing committee. \u201cEach subcommittee had a flat structure with an administrative chair, and decision making was determined by consensus,\u201d she wrote in an email. \u201cThe writing of the report was collaborative, and all members were able to contribute to their subcommittee report, and all standing committee representatives were able to contribute to the overall report.\u201d Carrie J. Brezine, a Ph graduate who served on the subcommittee focused on reviewing institutional resources, said power dynamics, such as those between students and faculty, made collaboration difficult. \u201cEfforts were made to try to create a level playing field and try to bring everyone in as equals, as collaborators ... and do believe that the people involved sincerely wanted that to be the case,\u201d Brezine said. \u201cBut if you are a student, it is Sections 2/22/25, 5:23 Anthropology Department Committee Formed Following Sexual Harassment Allegations Issues Final Report \| News \| The Harvard \u2026 4/9 Want to keep up with breaking news? Subscribe to our email newsletter \u2014 even when that is the stated premise \u2014 it is very difficult to tell a cadre of tenured professors what your actual experience is.\u201d \u201cThat power dynamic doesn\u2019t go away just because someone has stated that, \u2018We're all equal collaborators in this system,\u2019\u201d she added. Warinner wrote in an email that the department will continue its work to address challenges associated with student-faculty relationships. She also wrote that the department is resolute on implementing the final report\u2019s recommendations and is preparing for the next iteration of the standing committee. \u201cThe standing committee will continue its work, and the department is already in the process of preparing for the 2021-2022 standing committee, which will form at the beginning of the fall academic term,\u201d she wrote. \u201cThe goal of the 2021-2022 standing committee next year and in future years is to implement the short-term and long-term changes recommended by the standing committee report.\u201d But Brezine said she is concerned about how the department will implement the report\u2019s recommendations understand that many of the changes that are being asked for feel threatening \u2014 they feel threatening to established faculty, they may feel threatening to people that, in one way or another, have the benefits of many of these structural inequalities,\u201d she said. \u201cBut at the same time, that is something that is going to need to change if the community is going to move forward.\u201d \u2014Staff writer Taylor C. Peterman can be reached at [email protected]. Follow her on Twitter @taylorcpeterman. Sections 2/22/25, 5:23 Anthropology Department Committee Formed Following Sexual Harassment Allegations Issues Final Report \| News \| The Harvard \u2026 5/9 Anthropology Prof. Urton Stripped of Emeritus Status, Barred From Campus Following Sexual Misconduct Investigation Anthropology Dept. Forms Eight Committees in Response to Harassment and Gender Bias Concerns Anthropology Prof. Gary Urton Abused Power During Sexual Advance Toward Student in 2012, University Investigation Finds Anthropology Prof. John Comaroff Placed on Administrative Leave Following Allegations of Sexual Harassment Anthropology, African and African-American Studies Students Call for \u2018Transformative Change\u2019 in Petition to Department Heads Harvard Anthropology to Form Committee to Address Department\u2019s \u2018Long-Standing Problems\u2019 Protected by Decades-Old Power Structures, Three Renowned Harvard Anthropologists Face Allegations of Sexual Harassment 1. Should Harvard Admit More Rich Kids? Actually, Yes 2. Harvard Dental School Abruptly Fired Its Head of in December 3. Biopharma Giant to Expand Research and Development Footprint in Cambridge 4. After the Salient Complained About Restrictions, Harvard Will Make Door-to-Door Distribution Easier 5. Studying for My Midterm in Neo-Marxist Class Warfare Propaganda Sections 2/22/25, 5:23 Anthropology Department Committee Formed Following Sexual Harassment Allegations Issues Final Report \| News \| The Harvard \u2026 6/9 The Harvard Crimson's Guide To Your Summer Opportunities \| 2025 Over 300+ courses at prestigious colleges and universities in the and are at your disposal Three Ways Collegiate Can Reduce Your Financial Stress With innovative financial tools combined with financial education, Collegiate empowers students to take control of their finances and build confidence in their money management skills. Sections 2/22/25, 5:23 Anthropology Department Committee Formed Following Sexual Harassment Allegations Issues Final Report \| News \| The Harvard \u2026 7/9 The Harvard Crimson The University Daily, Est. 1873 Build Community at Harvard: Summer 2025 Proctor Opportunities Serve as a proctor for Harvard Summer School (HSS) students, either in the Secondary School Program (SSP), General Program (GP), or Pre-College Program Successful Law School Essays \| 2024 With an increasingly competitive Law School admissions process, it's important to understand what makes an applicant stand out Huckberry Holiday Guide Welcome to your one-stop gifting destination for men and women\u2014it's like your neighborhood holiday shop, but way cooler Siddharth's Essay Admit Expert is a premium admissions consulting company, helping candidates secure admission to top B-schools across the globe with significant scholarships. Sections 2/22/25, 5:23 Anthropology Department Committee Formed Following Sexual Harassment Allegations Issues Final Report \| News \| The Harvard \u2026 8/9 News Opinion Arts Blog Magazine Videos Sports General Diversity & Inclusion Privacy Policy Rights & Permissions Sitemap Advertising Newsletters Journalism Programs Corrections Copyright \u00a9 2025 The Harvard Crimson, Inc. Sections 2/22/25, 5:23 Anthropology Department Committee Formed Following Sexual Harassment Allegations Issues Final Report \| News \| The Harvard \u2026 9/9", "8593_103.pdf": "The (alleged) Sexual Assault at Harvard Anthropology is Shocking, but Not Surprising Originally published on the blog on June 2, 2020 02, 2020 Share On Friday afternoon the Harvard Crimson published the results of an eight-month long investigation into sexual harassment and gender discrimination in Harvard\u2019s anthropology department. Extract from an email sent to a female grad student by one of the male professors (who was in his mid-60s at the time) It focused on three very senior men: Gary Urton, an Andean archaeologist; John Comaroff, a socio-cultural anthropologist who was at UChicago for most of his career; and Theodore C. Bestor, an anthropologist of Japan. Comaroff is one of the most influential and famous anthropologists alive today. But I\u2019m focusing on Urton because he intersects with my own area of expertise: namely, the culture of Andean Archaeology as a scientific community. As a science-studies ethnographer who studied the community of Andean archaeology for many years only met Urton once or twice. But because knew this community well through my research feel like have some perspective on why it was so easy for him (and men like him) to carry out these kinds of assaults for so long \u2014 probably thinking all the time that he was not doing anything bad Sexual harassment and gender discrimination in Harvard Anthropology 2/22/25, 5:23 The (alleged) Sexual Assault at Harvard Anthropology is Shocking, but Not Surprising 1/6 The accusations against Urton are shocking because they involve outright assault of students, that nobody on the outside could misconstrue. Urton complimented her paper and said she showed \u201ca great deal of promise\u201d in anthropology, according to her affidavit, which she provided to The Crimson. Saying he could help her achieve her goals, Urton suggested a private meeting to discuss her career further, the student wrote in her affidavit. He then moved around his desk and placed his hand on her knee. \u201cBy the position of his hand knew he meant a sexual exchange,\u201d the student wrote in the affidavit. \u201cIn a routine tone of voice without any apparent concern, he suggested that meet him at a hotel and room which he would designate. He told me he would bring wine.\u201d James S. Bikales,The Harvard Crimson, 29 May 2020 Others have come forward (with evidence) via social media, to say that they were also \u2018invited to a hotel room\u2019 by Urton. The rumor mill whispers that this has been going on, and presumably known about by some people, for 40 years appreciate that the Harvard Crimson\u2018s reporting situates these individuals\u2019 actions and attitudes within a wider departmental culture that fails to take women and people of color seriously as colleagues. And worse, puts them in danger of assault. Something know from both my personal experience and my ethnographic research studying Andean archaeology: This is not unique to Harvard. This is endemic in anthropology. What\u2019s different in this case, is that the evidence has been put out there in public by a journalist. Rather than \u2018the whisper network\u2019, or men quietly having their teaching duties removed but keeping their tenured jobs, it\u2019s all out there (gross emails included) for everyone to see and judge. Have no doubt: this kind of thing happens all the time, and in front of witnesses. The unusual thing here is that 1) the propositioning was done over email, rather than in person at a field/conference party, and 2) a journalist cared enough to report it. Some straight-up \u2018sex for grades\u2019 bullshit that is honestly so cliched it\u2019s almost hard to believe culture of impunity for misbehavior\u201d Discover more from Dispatches From Wrong Side Post-academic life, theater, politics, oh my Type your email... By subscribing agree to Substack's Terms of Use, and acknowledge its Information Collection Notice and Privacy Policy. Continue reading Sign in Subscribe 2/22/25, 5:23 The (alleged) Sexual Assault at Harvard Anthropology is Shocking, but Not Surprising 2/6 For that reason, we need to look for blame not just at the \u2018bad apples\u2019. But rather the whole damn culture of archaeology, anthropology, and possibly academia. In an article for American Anthropologist due to come out later this year examine a concept call \u2018performative informality\u2019 within the context of archaeology\u2019s infamous drinking culture. With performative informality, I\u2019m trying to grasp and understand that sense of archaeology as more \u2018fun\u2019 than other disciplines; to take seriously the consequences of the idea that Andeanist are one big family, who love to hang out and shoot the shit with each other over a beer argue that this culture of informality (inadvertently) creates a space for subtle but persistent discrimination, because the ability to perform \u2018cool\u2019 and \u2018fun\u2019 in the correct way depends on a person\u2019s ability to inhabit or perform a white, male, middle-class heteronormative version of \u2018fun\u2019 that is specific to the US. The result is what one woman recently described to me as a form of gaslighting. You keep being told that these people are fun, laid back, and cool, and that in archaeology \u2013 unlike those other stuffy disciplines where professors don\u2019t go out drinking with their students \u2013 everyone is welcome. But then, every time you try to \u2018hang out\u2019 and chill with the guys, you seem to be doing it wrong somehow. Worse, your attempts to be \u2018cool\u2019 are interpreted as flirtation, with alarming results. In my paper argue that this dynamic is an extension of the myths of meritocracy that serve as the foundational ideology of the US, and particularly its education system and understanding of class mobility. But in light of this recent debate about Harvard, I\u2019ve been thinking about a more raw exercise of power. For years, as worked among Andean archaeologists and participated in the drinking culture never once got hit on, flirted with, or backed into a corner by a guy twice my size drunkenly suggesting continue the party in his hotel room. And thought this was because am not particularly good looking. Honestly, I\u2019m not saying this to fish for compliments. Quite the opposite. Early in my career grew to bless my decidedly homely face and dumpy figure, when realized that Drinking culture and performative informality It\u2019s not about being sexy, it\u2019s about power 2/22/25, 5:23 The (alleged) Sexual Assault at Harvard Anthropology is Shocking, but Not Surprising 3/6 my more attractive female grad school friends were constantly balancing the need to be \u2018fun\u2019 at informal events with the \u2018joking\u2019 flirtation directed at them by senior men. I\u2019m ashamed to admit that believed this for so long. As if my looks \u2013 or my friends\u2019 looks \u2013 had anything to do with it. But sexual abuse is not about sex; it\u2019s about power. What have only just realized is that the difference between my female friends and was not that wasn\u2019t as pretty. It\u2019s that was not actually an archaeologist was an ethnographer was experiencing this little community as someone who didn\u2019t actually have a stake in it didn\u2019t need any of these guys, in terms of my career. Also, perhaps they realized wasn\u2019t that impressed with their work. (To cut a long story short: my background is in a very different kind of archaeology, both methodologically and theoretically like to think was subtle about that, but it probably showed. All of which is to say: my relationship to these senior, male gatekeepers was completely different than those of other female grad students my age, who were all forging careers as Andean archaeologists. But had no reason to look up to these men didn\u2019t need them. That, more than my mediocre looks, is what made me unattractive. Btw doubt any of the guys interacted with were unconscious of this, when their eyes skimmed past me to land on someone else myself wasn\u2019t conscious of it until this weekend. So what can anthropology do, if it really wants to weed out all those \u2018bad apples\u2019? During a Metafilter debate about the allegations against Joe Biden,* and the sad reality that we apparently have to accept a potential groper as the Democratic presidential candidate, this comment stood out: This [the sexual assault allegations] was one important reason thought the democratic party should steer well away from those old men. One thing is that Biden\u2019s issue has been known for ages, and really can\u2019t understand it hasn\u2019t been discussed more. What future do anthropologists want? 2/22/25, 5:23 The (alleged) Sexual Assault at Harvard Anthropology is Shocking, but Not Surprising 4/6 The other thing is know so many men from that generation through my work, and only very, very few are not creepy. Even guys where you wouldn\u2019t imagine it for a moment. Guys thought of as friends and who never did anything inappropriate when was there get the impression that it was part of how they were socialized. Think of all the rapey stuff in popular culture from the 50\u2019s and 60\u2019s and further back, and heck, even up to the 80\u2019s (and probably later some places where don\u2019t know). \u2026 NB: I\u2019m not saying all old men are creeps. I\u2019m saying it\u2019s simpler to just elect a woman than to thoroughly vet those guys. Or alternatively, a younger man with more contemporary values. Comment posted by mumimor, April 14 2020, on a Metafilter discussion of Joe Biden The same is true of our academic community. People (men) who are in power today began their rise during a period of time when the performance of power was intertwined with misogyny. We should seriously consider asking of those who flourished in such an environment, enough to still be here (and on top) today: Did they participate? Did they protect those who bullied, disrespected, or harassed women by confining their criticism to whispers and slaps on the wrist? If we truly want to reform anthropology, we\u2019d have to get rid of all them all. All those old white men, and all the people (including women) who enabled them. Because these people came to power, then held onto power, at the expense of everyone else. How do we know that the people who got to stay in their jobs were the best for those jobs, if so many women and people of color were pushed out? There is a whole world of unknown scholarship out there, lost because it wasn\u2019t conducted by white men. Imagine if we did this! Several generations of scholars skimmed off the top of the discipline\u2026 It would mean the retirement of most senior anthropologists holding tenured positions today daunting prospect, but is that such a bad thing? It\u2019s not like we don\u2019t have enough anthropologists left in the world to fill the gaps. Not when there are 200+ applications for every tenure track position\u2026 If we culled all the abusers and enablers, the profession would lose a lot of people who hold institutional knowledge. The people who, for decades, have steered the professional societies, the journals, the prestigious departments, and the grant funding 2/22/25, 5:23 The (alleged) Sexual Assault at Harvard Anthropology is Shocking, but Not Surprising 5/6 committees. We\u2019d lose all the accumulated knowledge they have built up over the many, many years, of how to run these things properly. I\u2019m beginning to wonder if that\u2019s not a good thing. The problems are structural. Let\u2019s dismantle that structure and experiment with a new one. Because, like the commentator on Metafilter said, if you want to avoid the guys who have rapey racist pasts, you can spend forever trying to vet all the old guys. Or, you can just pick people who are less likely to engage in egregious sexual and racial abuse: women, and specifically women of color. And here I\u2019m reminded of that meme, \u2018This is the future that liberals want\u2018. What do we have to lose? Frankly, an anthropology led by women of color would be awesome. If this makes you sigh heavily, go listen the Call Your Girlfriend podcast on Biden (part 1 and 2), for a brilliant analysis of the way he is forcing us all to be complicit in his abuse. \u2026or read more on the Dispatches From The Wrong Side Blog. Discussion about this post Type your email... Subscribe Write a comment... \u00a9 2025 Dr \u2219 Privacy \u2219 Terms \u2219 Collection notice Substack is the home for great culture Comments Restacks 2/22/25, 5:23 The (alleged) Sexual Assault at Harvard Anthropology is Shocking, but Not Surprising 6/6", "8593_104.pdf": "Theodore C. Bestor Born August 7, 1951 Urbana, Illinois Died July 1, 2021 (aged 69) Cambridge, Massachusetts, U.S. Education Western Washington University Stanford University Occupation(s) Anthropologist, professor Spouse Victoria Lyon Bestor Parents Arthur Bestor Dorothy Alden Koch Bestor Theodore Bestor Theodore C. Bestor (August 7, 1951 \u2013 July 1, 2021) was a professor of anthropology and Japanese studies at Harvard University. He was the president of the Association for Asian Studies in 2012. In 2018, he resigned as director from the Reischauer Institute following an investigation by Harvard officials that found he committed two counts of sexual misconduct.[1] Bestor was born on August 7, 1951, in Urbana, Illinois. His father, Arthur Bestor, was a historian of American 19th-century communitarian settlements and of the origins and development of the American constitution. His mother, Dorothy Alden Koch Bestor, was a professor of English literature. Bestor lived in Champaign-Urbana until he was eleven, when his parents moved to Seattle. He first visited Japan in 1967, when his father received a Fulbright Fellowship to teach at the University of Tokyo, Rikkyo University, and Doshisha University. He attended secondary school in Seattle and graduated from Fairhaven College of Western Washington University in 1973. His graduate education was at Stanford University, where he received master's degrees in East Asian studies (1976) and anthropology (1977), and a PhD in anthropology in 1983. During his graduate studies, he spent two years at the Inter-University Center for Japanese Language Studies in Tokyo. He started his career as program director for Japanese and Korean studies at the Social Science Research Council. He then taught at Columbia University and Cornell University, and was a visiting professor at the Kyoto Consortium for Japanese Studies. He became a professor of anthropology at Harvard University in 2001. He served as the chair of the department of anthropology from 2007 to 2012. During 2012\u20132013, he was president of the Association for Asian Studies. He was also president of the American Anthropological Association's Society for Urban Anthropology and the Society for East Asian Anthropology (of which he was the founding president). During 2012\u20132018 he was the director Biography Early life Career 2/22/25, 5:23 Theodore Bestor - Wikipedia 1/3 of Harvard's Reischauer Institute of Japanese Studies.[2] He has written widely on the culture and society of Japan. Much of his research has focused on contemporary Tokyo, including an ethnography of daily life in an ordinary neighborhood, Miyamoto- cho. Since the early 1990s, his primary research has concerned Tokyo's Tsukiji fish market where he has studied the economic anthropology of institutions, and has focused also on food culture, globalization, and Japan's fishing industry. In 2013, he received an award from Japan's Agency for Cultural Affairs for his contributions to international understanding of Japan. In 2017, he was awarded the Order of the Rising Sun by the Government of Japan. In 2018, a Harvard investigation found Bestor committed two counts of sexual misconduct during an interaction with a female professor at a 2017 conference at UCLA. Harvard's Faculty of Arts and Sciences disciplined Bestor for the incident, but allowed him to return to work before completing the required sanctions. The controversy continued as of 2020.[3] His wife, with whom he co-edited and co-authored many publications, was Victoria Lyon Bestor. She is the executive director of the North America Coordinating Council on Japanese Library Resources. They have a son, Nicholas (born 1986). Theodore C. Bestor died in Cambridge, Massachusetts on July 1, 2021, at the age of 69, from cancer.[4] Doing Fieldwork in Japan, Theodore C. Bestor, Patricia G. Steinhoff, and Victoria Lyon Bestor (co- editors), University of Hawai'i Press, 2003 978-0-8248-2734-2) Neighborhood Tokyo, Theodore C. Bestor, Stanford University Press 1989 and Kodansha International 1990 978-0-8047-1797-7) Tsukiji: The Fish Market at the Center of the World, Theodore C. Bestor, University of California Press, Berkeley, 2004 978-0-520-22024-9) Routledge Handbook of Japanese Culture and Society, Victoria Lyon Bestor and Theodore C. Bestor, with Akiko Yamagata (co-editors), Routledge, 2011 978-0-415-86334-6) 1990 Choice Outstanding Academic Book Award. 1990 Hiromi Arisawa Memorial Award, given by the American Association of University Presses. 1990 Robert Park Award, given by the American Sociological Association. Personal life Publications Further reading Awards 2/22/25, 5:23 Theodore Bestor - Wikipedia 2/3 1993 Abe Fellowship, given by the Social Science Research Council. 1. \"Anthropology Professor Ted Bestor Dies at 69\" ( -bestor-obituary/). The Harvard Crimson. July 13, 2021. 2. Reischauer Institute of Japanese Studies ( Archived (htt ps://web.archive.org/web/20141021063105/ 2014-10- 21 at the Wayback Machine 3. \"Protected by Decades-Old Power Structures, Three Renowned Harvard Anthropologists Face Allegations of Sexual Harassment \| News \| the Harvard Crimson\" ( cle/2020/5/29/harvard-anthropology-gender-issues/). 4. \"Theodore C. Bestor, 1951-2021 \| Reischauer Institute of Japanese Studies\" ( d.edu/news/theodore-c-bestor-1951-2021?fbclid=IwAR0URxJpmBi3mcYA5mj6GJAdYdeQR2GER uFB_HSCRFJwH6EdwW_4YGLj7TA). rijs.fas.harvard.edu. Retrieved July 9, 2021. Theodore C. Bestor Homepage ( at Harvard Theodore Bestor page at Social Science Research Council ( 9-2233-dd11-bef0-001cc477ec70/) Retrieved from \" References External links 2/22/25, 5:23 Theodore Bestor - Wikipedia 3/3", "8593_105.pdf": "Three Renowned Anthropologists Face Sex Allegations James S. Bikales, Harvard Crimson May 29, 2020 Senior Anthropology professors Theodore C. Bestor, Gary Urton, and John L. Comaroff have weathered allegations of sexual harassment, including some leveled by students. But affiliates said gender issues in the department stretch beyond them Photo/David Goldman) \u00d7 2/22/25, 5:24 Three Renowned Anthropologists Face Sex Allegations \| RealClearEducation 1/2 Read Full Article \u00bb Related Topics: Sexual Harassment, Harvard University 2/22/25, 5:24 Three Renowned Anthropologists Face Sex Allegations \| RealClearEducation 2/2", "8593_106.pdf": "\u201cNeither Comfort nor Cover withering investigation of sexual harassment by Lydialyle Gibson 2021 message to the University community, President Lawrence S. Bacow announced that Harvard had \u201cfailed\u201d Terry Karl, now an emerita professor of government at Stanford, when it did not take seriously her complaints concerning sexual harassment and misconduct by Jorge Dom\u00ednguez, formerly the Madero professor for the study of Mexico and Harvard\u2019s first vice provost for international affairs. The apology came nearly four decades after the fact: as an assistant professor at Harvard, Karl had first reported Dom\u00ednguez\u2019s behavior to the University\u2019s 2/22/25, 5:24 Harvard and sexual harassment: an apology for the past; new steps to end it now \| Harvard Magazine 1/5 administration in the early 1980s. But Dom\u00ednguez was given only a minor sanction, and the abuse continued. \u201cShe deserved better, and she and others suffered greatly as a result,\u201d Bacow wrote also apologize to those whose subsequent sexual harassment might have been avoided if Harvard had taken timely and appropriate actions. We all owe Dr. Karl a debt of gratitude for doing the right thing, especially when it was difficult, and for being persistent in her efforts to demand justice deeply regret that she\u2014and so many other members of our community\u2014 were made to feel that we turned our backs on them. Everyone deserves a fair process, and no one should ever again have to go to the same lengths to be heard.\u201d Bacow\u2019s message accompanied the final report from the external review committee convened in 2019 in response to accusations of decades-long sexual harassment by Dom\u00ednguez. Those accusations had been brought to light in a 2018 investigation in the Chronicle of Higher Education, in which Karl described the harassment she suffered from him, and others, too, added their own accounts: former students, faculty members, and staff members who alleged misconduct dating from 1979 to 2015. Karl left her position at Harvard in 1984; Dom\u00ednguez remained a faculty member in good standing month after the Chronicle story appeared, he retired and was subsequently stripped of his emeritus status and effectively banned from the University by Faculty of Arts and Sciences (FAS) dean Claudine Gay, after a Title misconduct investigation. (For further background on President Bacow\u2019s announcement, see harvardmag.com/apology-to-terrykarl-21.) The government department then undertook an assessment of its own climate, and in 2019 requested that Bacow convene the external committee to review sexual harassment across the University. Early this past March, the faculty of the department followed up with its own apology to Karl and others, expressing \u201cour sorrow and shame\u201d at the department\u2019s failure to respond effectively to complaints or to raise objections as Dom\u00ednguez was promoted. The report was released at a moment when other faculty members are under investigation for sexual misconduct: after 2020 coverage by The Harvard Crimson of accusations of wrongdoing placed Reischauer Institute professor of social anthropology Theodore Bestor and Foster professor of 2/22/25, 5:24 Harvard and sexual harassment: an apology for the past; new steps to end it now \| Harvard Magazine 2/5 African and African American studies and of anthropology John Comaroff on paid administrative leave pending an investigation. Gary Urton, the former Dumbarton Oaks professor of pre-Colombian studies, retired after being placed on administrative leave. The external committee was chaired by Susan Hockfield, professor of neuroscience and president emerita of MIT. The other members were Vicki Magley, professor of psychological sciences at the University of Connecticut (an expert on sexual harassment and workplace incivility), and Kenji Yoshino \u201991, Warren professor of constitutional law at New York University School of Law and the 2016-2017 president of Harvard\u2019s Board of Overseers. Their report recommended a series of changes to improve how sexual misconduct is reported and investigated, and to improve the climate on campus in ways that discourage harassment or discrimination. The recommendations included greater transparency about investigations and sanctions, a centralized database of personnel records, a standardized vetting process for promotions, greater gender balance among the faculty, and a system to monitor employees with past infractions. \u201cCultures that are permissive of sexual harassment are characterized by members feeling that it would be too risky to report their experience of sexual harassment, that their complaint would not be taken seriously, and that no corrective action would be taken in response,\u201d the report stated. \u201cIt is clear that the government department, and, to some extent, the University as a whole, has had such a permissive culture. No real progress can be expected without altering that culture the report was released, Provost Alan Garber announced the formation of three working groups to examine Harvard policies related to anti-bullying, non-discrimination, and sexual harassment and misconduct. After gathering input from faculty, staff, and students, the working groups will make recommendations for new policies where needed. The sexual-harassment working group will consider whether an affirmative- consent definition should be a part of University Title policies, and whether the University\u2019s consent definition should apply to the entire Harvard community or to a subgroup such as undergraduate and graduate students. In late March, Garber announced the formation of an Office for 2/22/25, 5:24 Harvard and sexual harassment: an apology for the past; new steps to end it now \| Harvard Magazine 3/5 Gender Equity, which will report directly to the president and provost. The new office combines existing resources from the University\u2019s Title office and the Office of Sexual Assault Prevention and Response, and Garber described the measure as an effort to streamline access and improve communications. Those announcements echoed some of the concerns of the 26-page external committee report, which repeatedly emphasized the need for people to feel comfortable coming forward with complaints: that the University should foster a greater sense of \u201cpsychological safety,\u201d especially important in a hierarchical structure like Harvard\u2019s. Pronounced power disparities and a persistent gender imbalance among faculty members contribute to this problem, according to the report. The proportion of female faculty members in the government department has risen from 9 percent in 1980 to 31.3 percent in 2019, although the committee report noted \u201cconsistently articulated concerns\u201d about recruitment, retention, and advancement of female scholars. \u201cSeveral sources suggested that the dearth of female faculty members led to underreporting,\u201d the report stated. The committee praised improvements in recent years, with Harvard\u2019s updates to its Title policy (see titleix.harvard.edu), but noted that effectively communicating about those procedures to University community members remains an area of needed improvement. \u201cRobust policies and procedures now in place are of little value if they are not widely understood and adopted,\u201d Bacow wrote about that observation. \u201cEveryone at Harvard should know how they can help to create a safe and healthy community, and anyone who has experienced or witnessed unwelcome conduct should find the experience of exploring available resources and making informed decisions straightforward and helpful. To those ends, the University accepts the committee\u2019s recommendations, and have asked the Title Office to accelerate existing plans\u201d for improving communications about reporting procedures. Much of the committee\u2019s emphasis was cultural, a note that Bacow reinforced in his letter. \u201cCulture is\u2014and always will be\u2014rooted in our care for one another,\u201d he wrote. \u201cIndividuals who demean and exploit others defy the values we hold dear and must find neither comfort nor cover in our community.\u201d 2/22/25, 5:24 Harvard and sexual harassment: an apology for the past; new steps to end it now \| Harvard Magazine 4/5 Click here for the May-June 2021 issue table of contents Read more articles by Lydialyle Gibson 2/22/25, 5:24 Harvard and sexual harassment: an apology for the past; new steps to end it now \| Harvard Magazine 5/5", "8593_107.pdf": "Journal of Legal Anthropology \u2022 Volume 6, Issue 1, Summer 2022: 95\u2013110\b \u00a9 The Author(s) doi:10.3167/jla.2022.060106 1758-9576 (Print 1758-9584 (Online tv Addressing serious harm, reconsidering policy and building towards repair Rine Vieth This commentary draws on personal experiences, my time spent dis\u00ad cussing acts of harm in the academy with activists, and a review of various incidences on issues of academic harm and responsibility. Over the last few years have observed numerous high-profile cases in anthropology \u2013 in various countries and various contexts \u2013 that have elicited a significant public response. Some frame this kind of harm as the proverbial \u2018few bad apples\u2019, an approach reject as it ignores what enables harm. Alternatively, some attempt to use the idea of \u2018academic freedom\u2019 as a way to sidestep questions of interpersonal obligations. Recently have encountered this line of argument in defences made by some against allegations about John Comaroff, such as media pieces that note have been later cross-posted to his own website (Comaroff 2022; Walsh 2022). Instead of settling into a debate about what is or is not \u2018academic freedom here highlight a different reorientation, a shift in framing: what have called, in conversations with friends and collaborators, \u2018academic responsibility\u2019. This reminds us that whereas academic freedom is frequently framed as a freedom to or a freedom from, academic responsibility emphasises our responsibilities as schol\u00ad ars and the obligations which follow to others. This includes a refusal of what Zoe Todd (2019) calls a \u2018failure of imagination\u2019 \u2013 we can and must envision different ways of building scholarly spaces beyond what we ourselves have seen or experienced in the academy. While no academic discipline is entirely free from interpersonal harm, forms of anthropological networks can intensify certain aspects of harm, particularly for those who are junior or precariously employed. In the United States, this broadly involves a cross-disciplinary issue of hiring for tenure-track professors that draws most heavily on a few particular programmes at the expense of others (Clauset et al. 2015). While this issue is neither new nor unique to anthropology, the inten\u00ad sification of these disparities \u2013 alongside shifts down in hiring after the \u2018Great Recession\u2019 and the COVID-19 pandemic \u2013 manifests in \u00adparticular This article is available open access under a 4.0 license as part of Berghahn Open Anthro, a subscribe-to-open model for APC-free open access made possible by the journal\u2019s subscribers. wu Rine Vieth 96 ways that reinforce academic hierarchies. More specifically, within US-based anthropology this means that PhD graduates of the top five universities \u2013 when ranking all degree-granting programmes on the basis of faculty placements \u2013 constituted approximately 30 per cent of tenured or tenure-track faculty. As Nicholas Kawa and colleagues note: \u2018Fifteen programs are responsible for a majority of [faculty] placements\u2019 (2019: 22); this imbalance in hiring has been additionally acknowledged in additional studies on anthropology (e.g. Speakman et al. 2018), which emphasised the importance of attending particular institutions if a graduate student wants a reasonable shot at a tenure-track position am not surprised that many junior scholars pushing back against harm are also involved in labour organising: unions can help secure safe places to work, and they can provide support when interpersonal harm does happen. Beyond the harm that can happen while anthropol\u00ad ogists are in the field (King et al. 2020), informal practices in \u2018\u00adcollegial\u2019 scholarly spaces can elide serious harm in the discipline (Leighton 2020 have seen these conversations about academic harm within ac\u00ad ademia inflected broadly across my own academic networks, which are most firmly embedded in Canada, the United Kingdom and the United States. In 2016, Canadian universities\u2019 high-profile failures to address sexual violence was met student activism and organising, and it resulted in legislation across much of the country that mandated uni\u00ad versities to create particular policies to address sexual violence (Harris 2019). At my own university was selected \u2013 as a delegate for a union representing largely graduate student workers \u2013 to help create and review university policies related to sexual violence, harassment and discrimination. Bearing witness to the messy process of creating new policy felt some optimism that such harm was being acknowledged but frustrated with institutional orientations that used particular pol\u00ad icies as a way to \u2018fix\u2019 serious, embedded issues; as Sara Ahmed writes new policy can be a way of avoiding a conversation about a prob\u00ad lem that the policy is intended to address\u2019 (2021: 57). It was difficult to engage in such a process and simultaneously hear \u2018culture\u2019 \u2013 whether \u2018campus culture\u2019 or the \u2018culture of academia\u2019 \u2013 put forward as a barrier to change not dissimilar to how anthropologists of gender-based vio\u00ad lence have critiqued approaches elsewhere (Adelman et al. 2012). At the 2018 Association for Social Anthropology (ASA) Conference in Oxford, England, a two-session panel entitled \u2018#MeTooAnthro\u2019 dis\u00ad cussed how gender-based violence relates to learning, fieldwork and professional work in the discipline. The year 2018 also saw #HAUTalk, a largely Twitter conversation relating to the journal Hau that was widely 97 Addressing serious harm tv circulated and included a host of allegations; the claims were of a work\u00ad place that included physical, emotional and financial abuse. At the 2018 European Association of Social Anthropologists (EASA) Conference in Stockholm was present at the #HAUTalk Roundtable engaging with the allegations of harm, which was particularly focussed on power im\u00ad balances in academic spheres. Subsequently, a motion tabled by eight members for a working group to create a code of conduct and establish ways of addressing professional misconduct was passed with no dissenting votes. The working group focussed on \u2018the silence sur\u00ad rounding the issue, the failure of those in senior positions to act, and the implications that this has for social, structural and moral conditions within anthropology that were the key concerns 2019). With recent news in the United States largely focussed on situa\u00ad tions relating to one professor at Harvard University, other publicly known situations of allegations of harm in anthropology in the last few years are also gaining some (if much less) attention. Juan Obarrio, then a professor in the Department of Anthropology at Johns Hopkins, allegedly sexually harassed and physically assaulted a visiting graduate student. Johns Hopkins students organised #JHToo protests after a lack of institutional response (Fink 2019; Parekh 2019; Richman 2019). The university would go on to revoke his tenure, as well as recommend that he and another professor in the Faculty of Medicine be fired for findings of sexual violence in unrelated incidents (Flaherty 2019b; Hou 2019); the other professor resigned before any subsequent employment termination processes could be started (Bowie 2019). Additionally, at around the same time, the Johns Hopkins Office of Institutional Equity announced that due to a website error eighteen complaints of sexual harassment or violence had been blocked from reaching the university\u2019s Title Office (Parekh 2018; Rentz 2018). Outside university corridors, the American Museum of Natural History\u2019s (AMNH) approach to handling of accusations of sexual vio\u00ad lence made headlines in scientific magazines and national newspapers alike (Feltman 2016; Gibbons 2016), particularly after one survivor, after not finding support from the AMNH, publicly shared her story at the American Association of Physical Anthropologists (AAPA) 2015 Annual Meeting. The Society for American Archaeology (SAA) faced critique after allowing David Yesner\u2019s attendance and participation at the 2019 meeting (Flaherty 2019a; Wade 2019). Yesner is an archaeologist with several upheld Title complaints at the University of Alaska An\u00ad chorage, who was banned from all property and from engaging in any kind of affiliation in 2019, two years after his retirement wu Rine Vieth 98 (Hanlon 2019; Holman and Robinson 2019). In response to the SAA\u2019s poor handling of the situation \u2013 which led to the Media Relations Chair, Kristina Killgrove (2019), resigning in protest of the slow response\u2014the President of the Board of Directors, Joe E. Watkins (2019), released an apology to the membership; the created new safety regulations for their subsequent conferences, requiring attes\u00ad tations to, amongst other points, the fact that attendees \u2018have not ever been the subject of a negative finding on a Title investigation and do not have and have not had a current or pending disciplinary action\u2019 (Society for American Archaeology 2019); and the created new policies around conference safety and harassment (Society for Ameri\u00ad can Archaeology 2019, 2020). Finally, a recent article by Megan Steffen (2021) extensively researched the 1931 rape and murder of Henrietta \u00adSchmerler during her fieldwork, highlighting a response to her harm that was more concerned with institutional reputation than with ac\u00ad countability or repair. These examples, taking place over a significant span of time and space, highlight the serious disjuncture between the experiences of those who have withstood serious interpersonal harm and what institutional remedy \u2013 if any \u2013 is mobilised. Policies and investigations Following allegations of harm, several Title IX1 investigations were conducted into the allegations against John Comaroff. Former \u00adHarvard department chairs Theodore C. Bestor and Gary Urton have been investigated, separately, following allegations of sexual misconduct 2018 Harvard investigation led to Bestor being disciplined for sexual misconduct (Bikales 2020; Gibbons 2021). Urton, meanwhile, retired in the summer of 2020 facing multiple misconduct claims as well as a letter from twenty-five Harvard anthropology faculty members urging him to resign (Gibbons 2020). Urton was subsequently banned from Harvard\u2019s campus and had his emeritus status revoked following an investigation into sexual misconduct (Isselbacher 2021; Wang 2021); ad\u00ad ditionally, it was claimed he misled the investigators (Gibbons 2021). In February 2022, several professors in anthropology and other disciplines signed one of two open letters subsequently published in the Harvard Crimson (Cho and Kim 2022) and by the Chronicle of Higher Education (\u2018Open Letter against Harvard\u2019s treatment of John Comaroff\u2019 2022). While the Crimson letter seemed to centre faculty confusion over Title procedures, the Chronicle letter focussed on the accusations \u2013 at that 99 Addressing serious harm tv point, still confidential \u2013 towards Comaroff in the university process. It argued for a particular framing of events that related to Comaroff\u2019s lawyer\u2019s statement on the situation. The Chronicle letter ended with a particularly strong framing of universities, claiming these to be sites of kinds of judicial processes, particularly a second review that indeed did fall within the remit of Harvard\u2019s Title processes. Issues in relation to allegations of serious harm are not limited to Harvard chair of the Cambridge University Disciplinary Commit\u00ad tee determined that \u2018harassment\u2019, as used in the university\u2019s General Regulations for Discipline, did not extend to sexual misconduct (Cook 2019). Following this determination, and after significant public pres\u00ad sure, Cambridge subsequently introduced new regulations that would include sexual violence as well as shifting evidentiary requirements, according to a report News 2019). However, the changes were not retroactive, and meant that several survivors of sexual vio\u00ad lence were unable to use particular institutional routes to address harm (Batty 2019a; 2019b; Wyn Davies et al. 2019). Five years earlier, across the Atlantic, Yale redefined rape as \u2018nonconsensual sex\u2019 in 2013 (Bass 2013; Spangler 2013), though it was later reversed after significant pushback from students and members of the public (Office of the Provost 2015). While these are only a few examples, what aim to highlight here is how engaging with universities\u2019 legalistic frameworks does not auto\u00ad matically result in positive outcomes, and can even cause serious harm, even if unintentionally. Some of the public rhetoric around processes to adjudicate harm, like Title cases, has focussed on the processes as not being courts of law, some going so far as to frame these as \u2018kangaroo courts\u2019. At the same time have noticed a concern in discourse for what is de\u00ad scribed as a need for justice; without similarly specifying how exactly this justice is to be arrived at, there is broadly a push for greater court- like structures to reach a more \u2018just\u2019 end result. However, separately, courts have been shown to be a painful space for survivors of sexual violence. Heather Hlavka and Sameena Mulla\u2019s (2021) ethnographic re\u00ad search on court cases in Milwaukee highlight how court processes of sexual violence are heavily gendered and racialised. As they observe: \u2018[A]djudication is itself a reproduction of violence\u2019 (2021: 40). Expanding on their work argue that these issues are replicated in universities as \u2018\u00adjuridifying\u2019 university settings, with a focus on evidence and defi\u00ad nitions. Further, by combining socio-legal work on courtrooms with anthropological knowledge about how to study organisations and organisational \u2018culture\u2019 (Wright 1994 believe that we have both the wu Rine Vieth 100 knowledge and obligation to engage with what kinds of organisational norms exist that facilitate particular harms in scholarly spaces beyond a focus on policy creation. However, as anywhere, corrective shifts in academic spaces are a matter of will, both of individuals and of organisational leadership. As Laura Nader notes: \u2018Academic interest in justice is symbolic, providing hope for the present by celebrating an ideal. In a sense, conferences and the volumes that result are rituals, places where myths are strengthened and ambiguities nourished\u2019 (2018: 434). These symbolic ideals of justice \u2013 some referred to in the open letters related to Comaroff \u2013 may be con\u00ad sidered to co-reside with legal realities that those involved in situations of harm face argue that while anthropologists might imagine or locate themselves in scholarly spaces as capable of always being professional, and while often scholarly associations claim to work towards equity, there remain spaces for an inevitable reproducing of broader social in\u00ad equalities. Four days after the open letters were published, three grad\u00ad uate students in the Department of Anthropology at Harvard filed a federal lawsuit against the university, alleging institutional knowledge of and inaction around ongoing harm. The suit, laid out over sixty-five pages, includes references to numerous named and unnamed com\u00ad plainants\u2019 experiences with the Title systems, as well as a described internal distrust of Harvard\u2019s Title processes. According to the filing, both the then-Department Chair and a University Program Officer for Title and Professional Conduct allegedly advised the complainants that going to the media would be the best way to get Harvard to take the issue of harassment seriously. While the lack of faith in the process by those charged is concerning, we can also note how this process of \u2018localising\u2019 (Demian 2015; Goodale and Merry 2007 civil rights leg\u00ad islation and policy has led to policy outcomes ill-fitting the stated aims: the examples in and around the recent case at Harvard show an absence of faith from senior academics that the Title system should be a place where survivors go to for harm to be addressed. Repair The administrative shift to policies that create juridical responses to target sexual violence means that there is little energy to actually ad\u00ad dress the rupture caused by serious interpersonal harm. Rather than structures for repair, many scholarly spaces tend to favour creating ways for harm to be assessed, punished or archived, placed in filing 101 Addressing serious harm tv cabinets, and left there (Ahmed 2021). How opportunities for repair are addressed \u2013 and what acts constitute harm \u2013 are set institutionally, though significant development in academic policy-creation around sexual violence comes from legislation. One area of emphasis in this dynamic is the use of \u2018compelled disclosure policies\u2019, better known as \u2018mandatory reporting\u2019, to address sexual violence in university settings. The use of mandatory reporting is particularly salient in the United States, where legislation orients universities as a way to meet a consid\u00ad ered responsibility of needing a campus free from sex-based discrim\u00ad ination as an impediment to students\u2019 education (Holland et al. 2018). Universities that receive federal funding are required to abide by this legislation \u2013 in particular, Title and the Clery Act \u2013 which includes directives to identify mandatory reporters. Such reporters must report all instances of sexual violence they are informed of to their university; while reporting to the police is sometimes an option, it is generally not required. While the initial intent was to address harm in such a way that institutions could not simply hide reporting data, researchers have highlighted mandatory reporting as an ineffective method of reducing sexual violence on university campuses while prioritising the relevant institution over the survivor (Holland et al. 2021). This disjuncture begins at the start, when the incorporation of Title compliance of\u00ad fices \u2013 university bodies charged with ensuring their institutions abide by Title regulations, as well as with serving as an intake office for Title complaints \u2013 into institutional university processes effectively is \u2018leading participants to feel as though the Title Office lends more of an ear to institutional priorities than to the needs of those seeking help\u2019 (Cabrera 2020: 331). Because of the requirement for certain university employees to report all known instances of sexual misconduct, manda\u00ad tory reporting can lead to situations where a student survivor waives their right to confidentiality without realising it, as the process becomes carried forward by those in the institutions who will then have access to the description of the harm itself. As an example, a student might disclose an incident of harm they experienced, believing that it would be shared in confidence. However, a mandated reporter would be re\u00ad quired to submit the incident to the university, so the incident believed to have been shared in confidence thus becomes part of a report that is subsequently shared with several university employees, regardless of the student\u2019s desires. When the survivors of sexual violence share their experiences, under a mandatory reporting approach the story no longer belongs to them but to the process of university adjudication. In wu Rine Vieth 102 comparison to colleagues who have not experienced sexual violence, researchers have noted that mandatory reporters who knew a survivor of sexual violence or who had previously been involved in a Title report have less positive views of the framework of mandatory report\u00ad ing (Koon-Magnin and Mancini 2022). Forcing disclosure \u2013 through mandating that all knowledge of sexual misconduct be reported to university administration \u2013 has neither led to campuses free from sexual violence, nor created space for repair-oriented forms of dispute resolution. If complaint procedures can end up as \u2018institutional venting\u2019 (Ahmed 2021: 84) that seeks to deflect \u2013 rather than adequately address \u2013 harm in the academy, responses must instead involve survivor-led and trauma-informed care. Survivor-led care is in direct conflict with many existing Title structures, which instead prioritise the institution through the use of mandated reporting, versions of courtrooms without safeguards for victims\u2019 protection, and particular kinds of formal doc\u00ad umentation. Framing harm as singular acts by individuals obfuscates the contexts that allowed that harm to happen; noticing positions and systems in these situations is both powerful and necessary, as well as an important step towards facing and limiting harm (Walters 2022). As one example, in my non-academic work have co-organised queer literary events in spaces that explicitly did not offer exclusion policies. While was initially unsettled found that this allowed for more engaged ways of supporting survivors of harm that took safety seriously without seeking to elide community responsibility for protecting from harm. Instead of an immediate blanket ban, others in the organising collec\u00ad tive put energy and time into creating and implementing space-sharing agreements; organised event spaces to prevent conflict; and were in ongoing dialogue with participants in the process. Informed by writers and practitioners like Kai Cheng Thom (2019 pay less attention to binaries between \u2018survivor\u2019 and \u2018abuser\u2019, and instead focus on how we can all harm or be harmed and put an emphasis on both context and reparative efforts rather than on assigning labels that can be totalising. As Thom writes wonder if there are other truths that we miss when we focus solely on understanding intimate violence as an individual choice made by a few monstrous people, rather than as part of a sys\u00ad temic problem in which we all play a part\u2019 (2019: 47). 103 Addressing serious harm tv Transformation The conversations unfolding about harm in academia are, for me, deeply entwined with those that take seriously academic labour as labour. As someone who has previously worked for academic labour unions am not surprised that the three Harvard graduate students who filed the above-described suit, many of those involved with activism in the Johns Hopkins case, and a significant number of those pushing back against universities\u2019 mishandling of sexual violence all have had significant involvement with academic labour unions. Power imbal\u00ad ances found within academic networks can be amplified by worker precarity and the neo-liberalisation of higher education: if people are afraid to report harm for fear of losing their jobs \u2013 or, are weighting filing a complaint versus losing a letter of recommendation \u2013 harms can be amplified without access to recourse. To further revisit the way institutions confront harm means that such institutions must do more to confront academic worker precarity, which by its nature intensifies power imbalances (see European Association of Social Anthropologists Association et al. 2020). Involvement with labour unions, for many involved in fights for places of work and study free from sexual violence and gender dis\u00ad crimination, may be considered to go beyond simply wanting rights or an independent process enshrined in a contractually obliged process. In writing about the possibilities of organised labour and #MeToo in graduate organising, Ege Yumusak (2020) points towards the bigger challenges facing those organising for fairer universities: \u2018Can femi\u00ad nism mean an emancipatory ideal beyond basic accountability for work\u00ad place discrimination?\u2019 She points to the decision of graduate students bargaining at Harvard, who prioritised issues like identity-based dis\u00ad crimination protection, sexual harassment and health coverage. This approach allows for a transformation rooted in a kind of solidarity towards those who share our academic spaces, whether in the class\u00ad room, department, professional organisations or online. Here, drawing on Roseann Liu and Savannah Shange\u2019s (2018) idea of \u2018thick solidarity\u2019 can provide ways forward. While their examples focus on Black and Asian inter-racial solidarity in the context of the United States, thick solidarity provides a way to think through how we can acknowledge our own identities alongside others without seeking to elide complexi\u00ad ties. \u2018Thick solidarity\u2019, for Liu and Shange, \u2018mobilizes empathy in ways that do not gloss over difference, but rather pushes into the specificity, irreducibility, and incommensurability of racialized experiences\u2019 (2018: wu Rine Vieth 104 190). This approach could not just orient solidarity between those of marginalised genders and cisgender men, but also position calls for engagement alongside activists fighting for a safer academy or other efforts working to dismantle things like transmisogyny and other kinds of gender-based violence, as well as the anti-Black racism Liu and Shange call our attention to. Some of this transformation will inevitably be at odds with uni\u00ad versity or academic professional organisation processes, as shifting to a repair-focussed orientation means critically evaluating the paradigm that sees reports of harm as a success, regardless of outcome have been involved in an academic professional process where decided, in the end, to not officially report harm felt that the outcome would have caused me more harm than the impact of leaving it unreported assumed that the approaches experienced in this professional process were related to concerns about insurance, and that this led to a particu\u00ad lar reporting framework that held no space for treating harm as any\u00ad thing other than an institutional liability, so sought a different path to closure am still unsure how to best align the politics and practices of abolition \u2013 politics and practices that seek to engage with in other aspects of my life \u2013 within the highly rigid spaces of the academy. While have some ambivalence about bringing principles of restorative jus\u00ad tice into the academy, considering other frameworks for engaging with harm can be generative; for example have managed to advocate for policies in my own spaces that provide different options for resolution, such as offering options of survivor-led mediation, instead of only a singular disciplinary process, after instances of harassment or discrim\u00ad ination have additionally experienced significant pushback to chang\u00ad ing frameworks of responding to harm, responses that deem repair as impossible in the face of things like insurance. However think it is important to remember that academic institutions are constituted of people \u2013 in my case am embedded within networks of scholars who have years of experience studying law, human rights and more. This, to me, indicates the possibility of scholars with this expertise to act in order to facilitate meaningful change to push back against the limits of current adjudicative processes. Here, while acknowledge legalistic obligations in processes carried out by institutions hope we can shift conversations about harm to focus on engaging our responsibilities to\u00ad wards each other. 105 Addressing serious harm tv Conclusion In contexts of trust and related roles, we may find ourselves listening to stories of serious harm related to scholarly spaces including anthro\u00ad pological settings. They may come to us from whisper networks, over coffee, in an e-mail or told at a slant, seeking to simultaneously obscure and be witnessed. In my experience, while being held so trustworthy is an honour, these stories can be difficult to carry, and the scope of harm can feel inevitable and overwhelming. This is particularly acute as we keep noticing more and more threads of harm, along with paying atten\u00ad tion to how these harms were enabled. Moving towards implementing these alternatives, as well as staving off feelings of inevitability, takes work. It can be easy to fall into pessimism when considering the scope and very real negative impacts of interpersonal and institutional harms in the academy, but a refusal of nihilism is imperative to keep working towards a time when the scholarly spaces being inhabited are more oriented towards taking harm seriously. The emphasis remains on taking academic responsibility seriously and refusing to consider a policy-only approach as the best way to ad\u00ad dress harm; these are ways we may continue to orient ourselves towards a more equitable, rigorous, engaged way of doing academic anthropol\u00ad ogy and being part of scholarly spaces. As finish this essay, an updated filing has just been submitted in the case of Czerwienski, \u00adKilburn and Mandava v Harvard University and Fellows of Harvard College. This updated filing includes information about more individuals\u2019 allegations of harm, as well as additional allegations against Harvard, the Univer\u00ad sity of Chicago, and other institutions failing to support and protect junior scholars; the result of this court filing remains to be seen.2 better understanding of the real implications of processes to address harm in academia, and an acknowledgement of our own ca\u00ad pacities to harm, must come alongside a (further) push of those in the discipline \u2013 and those in the academy \u2013 towards frameworks of repair and transformation. Roundtables, like have attended at scholarly anthropological conferences, can serve as feminist spaces for collab\u00ad oration and complaint, but they do not replace structural options like space-sharing or trauma-informed complaint processes for those who have survived interpersonal harm and wish for support in attending a scholarly conference. While policy fixes can serve as a space for conver\u00ad sation, organising and orienting of institutional resources, there will be no policy strong enough to do away with harm, and there will be serious cases that are made invisible by assuming a policy can patch a wu Rine Vieth 106 rupture. Anthropologists, it might be considered, have the skills to un\u00ad derstand broader issues of harm in scholarly spaces and may appreciate why more juridical processes will not necessarily be the best processes of addressing ruptures caused by harm. However, what actions will follow in the coming years depend on the efficacy of a serious, engaged and ongoing commitment to a safer professional space and process \u2013 and require a commitment to engage systemically with how we can work towards preventing and healing from harm. Acknowledgements wish to thank the editorial team \u2013 especially Narmala Halstead and Geoffrey Hughes \u2013 for their invaluable feedback and support in think\u00ad ing through these important issues also wish to extend my deep gratitude to Esther Anderson, Emma Louise Backe, the #MeTooAnthro collective, Sameena Mulla, Jessica Rose, Sarah Shulist, Kiersten van Vliet, Holly Walters and all those from whom have learnt \u2013 and con\u00ad tinue to learn \u2013 over the last decade in regard to how we can adequately confront harm in academic spaces. uw Rine Vieth is a PhD Candidate in Anthropology at McGill University in Montr\u00e9al. They have participated in academic sexual violence and harass\u00ad ment policy creation and review in both formal and informal capacities.\b E-mail: [email protected] vt Notes 1. \u201cTitle of the Education Amendments of 1972. Title protects people from discrimination based on sex in education programs or activities that receive federal financial assistance.\u201d tix_dis.html. 2. The cases referred to in this article are: Complaint & Demand for Jury Trial, Margaret Czerwienski, Lilia Kilburn, and Amulya Mandava v Harvard University and the President and Fellows of Harvard College, No. 1:22-CV-10202 (D. Mass. 8 February 2022); and Amended Complaint & Demand for Jury Trial, Margaret Czerwienski, Lilia Kilburn, and Amulya Mandava v Harvard University and the President and Fellows of Harvard College, No. 1:22-CV-10202 (D. Mass. 21 July 2022). 107 Addressing serious harm tv References Adelman, M., H. Haldane and J.R. 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(2020), \u2018Protected by decades-old power structures, three renowned Harvard anthropologists face allegations of sexual harassment\u2019, The Har\u00ad vard Crimson, 29 May. harvard-anthropology-gender-issues/. Bowie, L. (2019), \u2018Tenured Johns Hopkins professor resigns after school finds he violated sexual misconduct policy\u2019, Baltimore Sun, 25 July. https:// -harassment-20190725-jwa57ebjqbcjni2ofxpndk5kl4-story.html. Cabrera, J. (2020), \u2018Feminist mandated reporters question the Title system: When civil rights programs adopt managerial logics and protect institutional inter\u00ad ests\u2019, in C. Ashford and A. Maine (eds), Research Handbook on Gender, Sexuality and the Law (Cheltenham, UK: Edward Elgar Publishing), 330\u2013340. Cho, I.B. and Kim, A.H. (2022), \u201838 Harvard Faculty Sign Open Letter Question\u00ad ing Results of Misconduct Investigations into Prof. John Comaroff\u2019, The Har\u00ad vard Crimson, 4 February. comaroff-sanctions-open-letter/. 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Torres (2021), \u2018Reporting is not supporting: Why mandatory supporting, not mandatory reporting, must guide university sexual misconduct policies\u2019, Proceedings of the National Acad\u00ad emy of Sciences 118, no. 52: e2116515118. doi:10.1073/pnas.2116515118. Holman, L. and G. Robinson (2019), \u2018University of Alaska, Board of Regents pro\u00ad fessor sued over sexual misconduct claims\u2019, Alaska\u2019s News Source, 17 May. https:// 109 Addressing serious harm tv -Board-of-Regents-and-David-Yesner-sued-over-sexual-misconduct -claims-510053611.html. Hou, C. (2019), \u2018Two professors leave Johns Hopkins over misconduct\u2019, The Scientist Magazine, 24 July. -leave-johns-hopkins-over-misconduct-66196. Isselbacher, J. (2021), \u2018Gary Urton stripped of emeritus status\u2019, Harvard Magazine, 11 June. Kawa, N.C., J.A. Clavijo Michelangeli, J.L. Clark, D. Ginsberg and C. McCarty (2019), \u2018The social network of academic anthropology and its inequalities\u2019, Ameri\u00ad can Anthropologist 121 no. 1: 14\u201329. doi:10.1111/aman.13158. Killgrove, K. (2019), \u2018My resignation as Chair of the Media Relations Commit\u00ad tee\u2019, Powered by Osteons, 14 April. my-resignation-as-chair-of-saa-media.html. King, T.J., D.B. Giles, M. Meher and H. Gould (2020), \u2018Anthropology and #MeToo: Reimagining fieldwork\u2019, Australian Journal of Anthropology 31, no. 3: 274\u2013287. doi:10.1111/taja.12371. Koon-Magnin, S. and C. Mancini (2022), \u2018Faculty and staff perceptions of Title mandatory reporting policies at two institutions\u2019, Violence against Women, \u00adJanuary. doi:10.1177/10778012211070315. Leighton, M. (2020), \u2018Myths of meritocracy, friendship, and fun work: Class and gender in North American academic communities\u2019, American Anthropologist 122, no. 3: 444\u2013458. doi:10.1111/aman.13455. Liu, R. and S. Shange (2018), \u2018Toward thick solidarity\u2019, Radical History Review 131: 189\u2013198. doi:10.1215/01636545-4355341. Nader, L. (2018), Contrarian Anthropology: The Unwritten Rules of Academia (New York: Berghahn). Office of the Provost (2015), \u2018Why does Yale use the term \u201cnon-consensual sex\u201d? What does it mean?\u2019, Yale University Office of the Provost, 27 August. https:// provost.yale.edu/title-ix/faq/why-does-yale-use-term-non-consensual -sex-what-does-it-mean. \u2018Open Letter against Harvard\u2019s Treatment of John Comaroff\u2019 (2022), The Chronicle of Higher Education, 3 February. open-letter-against-harvards-treatment-of-john-comaroff. Parekh, D. (2018 blocks 18 reports of sexual misconduct\u2019, The Johns Hopkins News-Letter, 8 December. oie-blocks-18-reports-of-sexual-misconduct. Parekh, D. (2019), \u2018#JHToo seeks to revoke accused professor\u2019s tenure\u2019, The Johns Hop\u00ad kins News-Letter, 28 February. jhtoo-seeks-to-revoke-accused-professors-tenure. Rentz, C. (2018), \u2018Amid student angst, Johns Hopkins says it missed 18 complaints of sexual misconduct because of website problem\u2019, Baltimore Sun, 7 Decem\u00ad ber. -20181206-story.html. Richman, T. (2019), \u2018Johns Hopkins fires professor accused of sexual miscon\u00ad duct in case marked by delays and campus protests\u2019, Baltimore Sun, 23 July. -misconduct-20190723-b47amphzi5evfjafxwfu7hoxke-story.html. wu Rine Vieth 110 Society for American Archaeology (2019), \u2018Improving safety at the 85th Annual Meeting\u2019, Society for American Archaeology, 3 May. quick-nav/saa-media-room/saa-news/2019/05/03/improving-safety-at -the-saa-85th-annual-meeting. Society for American Archaeology (2020 2020 Meeting safety policy and code of conduct for events\u2019, Society for American Archaeology, 2 January. saa-2020-meeting-safety-policy-and-code-of-conduct-for-saa-events. Spangler, S.S. (2013), \u2018Yale University report of complaints of sexual misconduct\u2019, Yale University. 31 July. Jul2013_Report_Sexual_Misconduct_Complaints_7-31-13.pdf. Speakman, R.J., C.S. Hadden, M.H. Colvin, J. Cramb, K.C. Jones, T.W. Jones, . . . and I. Lulewicz (2018), \u2018Market share and recent hiring trends in anthropology fac\u00ad ulty positions 13, no. 9: e0202528. doi:10.1371/journal.pone.0202528. Steffen, M. (2021 mystery in the archives: The historiography of denial, \u00adHenrietta Schmerler\u2019s rape and murder, and anthropology\u2019s project of prevention\u2019, Amer\u00ad ican Anthropologist 123, no 4: 767\u2013779. doi:10.1111/aman.13637. Thom, K.C. (2019 Hope We Choose Love Trans Girl\u2019s Notes from the End of the World, eBook (Vancouver, BC: Arsenal Pulp Press). Todd, Z. (2019), \u2018Your failure of imagination is not my problem.\u2019 \u00adAnthro{dendum}, 11 January. -is-not-my-problem/. Wade, L. (2019), \u2018#MeToo controversy erupts at archaeology meeting\u2019, Science, 15 April. -archaeology-meeting. Walsh, D. (2022), \u2018The politically driven campaign against Harvard anthropologist John Comaroff\u2019, World Socialist Web Site (WSWS), 15 March. en/articles/2022/03/15/coma-m15.html. Walters, H. (2022), \u2018\u2018#MeToo Anthropology and the Case Against Harvard\u2019\u2019, SAPI\u00ad ENS, 3 March. Wang, A.Z. (2021), \u2018Anthropology prof. Urton stripped of emeritus status, barred from campus following sexual misconduct investigation\u2019, Harvard Crimson, 11 June. Watkins, J.E. (2019), \u2018An open letter to the membership\u2019, Society for Ameri\u00ad can Archaeology, 18 April. saa-news/2019/04/18/an-open-letter-to-the-saa-membership. Wright, S. (1994), \u2018\u201cCulture\u201d in anthropology and organizational studies\u2019, in S. Wright (ed.), Anthropology of Organizations (London: Routledge), 1\u201329. Wyn Davies, M., R. Bradbury, C. Lally and J. Cook (2019), \u2018Analysis: What Cam\u00ad bridge said \u2013 and didn\u2019t say \u2013 in its email on sexual misconduct\u2019, Varsity, 26 September. Yumusak, E. (2020) \u2018#MeToo\u2019s strike test\u2019, The Drift, 20 June. .com/metoos-strike-test/.", "8593_108.pdf": "The case of Harvard anthropologist and sexual abuser John Comaroff: Views from afar, and from nearby. In a searing opinion piece, Sean Jacobs, editor of Africa is a Country and a New School faculty member, comments on a second letter of support for Comaroff, signed by South African colleagues 18, 2022 3 Share Sean Jacobs/ The New School One of the functions of this newsletter is to try to bring things to the attention of its readers that they might not yet have seen think (or hope) that most here have been following recents events at Harvard University, where 38 illustrious academics signed a letter in support of anthropologist John Comaroff, only for 34 of them to quickly retract it when three Harvard graduate students filed suit against the university for ignoring (read: enabling) years of reported abuse lot has been written about this \u201crush to judgment\u201d by the 38, who included some pretty big names, including Paul Farmer, Jill Lepore, Caroline Elkins, Jay and Maya Jasanoff, Henry Louis Gates, Jr., Jamaica Kincaid, and Randall Kennedy. (The fact that the last three are Black has fostered some embarrassed murmurings, especially on social media, to the effect of \u201chow could they?\u201d Please see below.) Whether it really was a \u201crush to judgment,\u201d given previous reporting on Comaroff\u2019s misconduct in the Harvard Crimson back in 2020 (the Crimson also reported allegations against Harvard anthropologists Gary Urton and Theodore Bestor more than a year 2 2/22/25, 5:25 The case of Harvard anthropologist and sexual abuser John Comaroff: Views from afar, and from nearby. 1/7 ago), or rather a rush to protect and enable a colleague, has been the subject of much discussion. In my view, it is enabling, which is routine in academia and other walks of life, as have recently discussed here, here, here, and here. Today, from one of my Google alerts came across an opinion piece about the Comaroff affair by Sean Jacobs, Editor of Africa is a Country and a faculty member at the New School in New York. The piece, which was originally published on the Africa is a Country Web site, was republished by news24.com, a publication based in South Africa. This was appropriate, for two reasons: First, Comaroff is a South African born anthropologist, and has many colleagues in the country. Second, as Jacobs reported, the day before the Harvard letter in support of Comaroff was published, many international colleagues published a letter of support in the Chronicle of Higher Education. Jacobs describes this letter as follows: This one was signed by 50 academic luminaries. Similar to the Harvard letter, most of them were well known in anthropology and all work in African Studies number of them work on questions of power and gender few were at American universities, such as Adam Ashforth, Nancy Hunt, Louise White, and Kenda Mutongi. (Interestingly, Mutongi is the only black woman who signed the Chronicle letter.) Also, a signatory is Ann Stoler from The New School, a scholar of Dutch and French colonialism. Another group was from European universities; among them were Peter Geschiere of the University of Amsterdam and Birgit Meyer at Utrecht University. But the most significant group of signatories to the Chronicle letter are or were based at South African universities. Among these are Max Price, Dennis Davis, Deborah Posel, Hylton White, Jane Taylor, Robert Morrell, Mike Morris, Neil Roos, Mugsy Spiegel, Imraan Coovadia, and Steven Robins. Jacobs comments that for various reasons, including the Chronicle\u2019s relatively strict paywall policies, this letter got much less attention suspect a major reason is that it was signed by non-U.S. academics, many from South Africa, and hate to say it\u2014 Americans just pay too little attention to what goes on outside the United States, a provincialism that does not serve our country nor our culture well. But that is a discussion for another time. As Jacobs writes, this is all the more surprising since this second letter (actually it was the first) was much more aggressive than the one signed by Comaroff\u2019s Harvard colleagues. Discover more from Words For the Politics, science, academia, #MeToo, investigations Type your email... By subscribing agree to Substack's Terms of Use, and acknowledge its Information Collection Notice and Privacy Policy. Continue reading Sign in Subscribe 2/22/25, 5:25 The case of Harvard anthropologist and sexual abuser John Comaroff: Views from afar, and from nearby. 2/7 Jacobs comments: The Chronicle letter was more strident than the Harvard letter. It minimized the accusations against Comaroff, referring to the process at Harvard\u2014which is hardly favorable to victims of sexual abuse\u2014as \"a Kangaroo court\" and \"a show trial will leave it to readers to check out the rest of Jacobs\u2019s piece, which consider mandatory reading for anyone who wants to understand how academia handles (or refuses to handle) sexual harassment that can destroy the careers of younger, especially female, students\u2014and which has caused untold misery to women who are simply seeking an academic career also want to stay within the boundaries of fair use quoting.) But do wish to flag one very key passage: John and Jean Comaroff trained generations of professors who went on to populate various disciplines all over the globe. They sat on countless dissertation defenses, had a say in what work was good and important, what topics are worthy of study (as someone asked in exasperation, \"Why was witchcraft such a thing for so long in anthropological studies of Africa?\"), and through it, bred all sorts of loyalties with former students. Former students who were \"in their favour\" were given all sorts of awards and positions. Those who spoke out or made noises were not. As the lawsuit implies, the discipline of anthropology is now populated by Comaroff loyalists. Many who opposed them or who spoke up against them, ended up with their careers stalled or quit altogether in a field where there was a shrinking number of academic positions already. Harvard students speak out. 2/22/25, 5:25 The case of Harvard anthropologist and sexual abuser John Comaroff: Views from afar, and from nearby. 3/7 Margaret Czerwienski, Lilia Kilburn and Amulya Mandava / New York Times Some of the most eloquent commentary on the Comaroff case and what it means for Harvard and academia has been published in the Crimson itself, Harvard\u2019s student newspaper. These opinion pieces demonstrate that, at least when it comes to #MeToo issues and the university\u2019s responsibilities to investigate them, Harvard students are often much smarter than their professors. In one Editorial, entitled \u201cOn the Unnecessary Comaroff Letter,\u201d the Editorial Board pointed out that the 38 faculty singers had \u201cendorsed an account rooted almost exclusively on a press release authored by Comaroff\u2019s lawyers,\u201d who had greatly distorted the allegations against the anthropologist and portrayed his actions as just some kind of wise advice to a graduate student who has planning to travel in Africa. The student journalists added: \u201cSuffice to say, our esteemed Harvard academics, professional thinkers, failed to critically engage with the source of this description \u2014 the accused\u2019s lawyer! \u2014 and its inherent bias.\u201d Another op-ed piece, by Crimson opinion writer Annabelle J.L. Finlayson, tracked the long history of Harvard\u2019s tolerance of sexual harassers, naming several\u2014including Jorge Dominguez, Roland Fryer, Jr., and Lawrence Summers of women-aren\u2019t-smart- enough-to-do-science fame\u2014who only got their just desserts after long campaigns by anti-abuse activists key point: Harvard knew about Comaroff\u2019s long history of harassment at the University of Chicago, long before it hired him, but after all, a star is a star. 2/22/25, 5:25 The case of Harvard anthropologist and sexual abuser John Comaroff: Views from afar, and from nearby. 4/7 As a reporter was particularly happy to see yet another Editorial by the Editorial Board, \u201cWe Are Not a Title Substitute.\u201d As a journalist who has been reporting on #MeToo cases in academia for more than six years now can really relate. Here are some key passages: Yet among all the disturbing allegations, amid the descriptions of harassment- themed brunches and retaliatory blacklisting, one detail stands out. High-level Harvard affiliates \u2014 including a Title Coordinator, a department chair, and the Faculty of Arts and Sciences\u2019 Dean for Faculty Affairs and Planning \u2014 allegedly encouraged the complainants to talk to the press, not University investigators, if they wanted to see results. In the words of the lawsuit, faculty and administration members alike consistently relayed the same twisted message: \u201cOnly a public article\u201d would give Harvard \u201ccover to take action\u201d against Comaroff. That paradigm is beyond shameful. For one, it forces complainants going through scarring events to publicly reopen their wounds for the press, exposing them to public scrutiny. More egregiously, it subcontracts a crucial university duty to nearby newsrooms \u2014 including The Crimson, as noted in the lawsuit. We closely follow, and certainly respect, the invaluable work done by our peers on the news side of the aisle. They have proved, over the years, their personal tenacity and professional commitment to collegiate journalism. But they are still \u2014 we are still \u2014 collegiate journalists: full-time, sleep-deprived undergraduates with overdue assignments and limited experience. Our reporters are not professional sexual harassment investigators or mediators. We are not, and we cannot be, a replacement for Title or other institutional complaint processes. And yet, according to one of Harvard\u2019s own Title Coordinators, that\u2019s exactly what we\u2019ve become. How true. Journalists should not be investigating #MeToo cases on college campuses. That\u2019s the job of any administration that is concerned about the welfare of its students. Journalists should, rather, be reporting on what universities are doing to stop abusers and change their cultures. But, as Sean Jacobs concludes in his excellent piece\u2014which really must insist everyone read from top to bottom\u2014there are signs of hope that students are finally getting fed up with the status quo (he suggests that the terrible job market in academia might have led many to think they have little to lose by speaking out.) The lawsuit by Czerwienski, Kilburn and Mandava and the open support of their comrades may present an opportunity for this generation to begin to forge a new 2/22/25, 5:25 The case of Harvard anthropologist and sexual abuser John Comaroff: Views from afar, and from nearby. 5/7 model for academia, in which solidarity isn\u2019t just about protecting one\u2019s powerful friends. *Parenthetically, re Henry Louis Gates, Jr., Jamaica Kincaid, and Randall Kennedy will write more about this in a later post. For now will say, knowing it will cause me some trouble, that one of the features of liberal racism is a superstition that Black people are magical beings whose wisdom is mystically superior, rather than fellow citizens with whom whites can and should engage in normal discussions and whose experiences\u2014while they often do make many Blacks more clued in, more \u201cwoke\u201d if you will, than many whites\u2014do not make them any more immune than anyone else from being clueless in certain situations. In the Comaroff matter, the three named above acted like typical academics. Subscribe to Words For the Wise By Michael Balter \u00b7 Launched 4 years ago Politics, science, academia, #MeToo, investigations By subscribing agree to Substack's Terms of Use, and acknowledge its Information Collection Notice and Privacy Policy. Discussion about this post Type your email... Subscribe Write a comment... Feb 18, 2022 Liked by Michael Balter Helga Vierich Searing is right. Wow (1 May 15, 2022 Ana Alonso The job of investigating such complaints should be the courts\u2019. What troubles me about the narrative of the Comaroff\u2019s \u201cevil\u201d deeds is that it is almost identical to the recent anti-fairy tale about Jeffrey Epstein & his alleged enabler The stories as told are both sexist As a one time university student and professor am surprised the accusers waited so long visiting professor at my college tried to rape me and told him would tell everyone and ruin his reputation as a radical. He stopped and the next day when defended my thesis he was very professional. No adverse career consequences So part of Comments Restacks 2/22/25, 5:25 The case of Harvard anthropologist and sexual abuser John Comaroff: Views from afar, and from nearby. 6/7 1 more comment... the problem with these sordid campus tales is that the women didn\u2019t defend themselves The power of an alpha male is in great part the power we give them and now we need to take it away \u00a9 2025 Michael Balter \u2219 Privacy \u2219 Terms \u2219 Collection notice Substack is the home for great culture 2/22/25, 5:25 The case of Harvard anthropologist and sexual abuser John Comaroff: Views from afar, and from nearby. 7/7"}
7,553	Roy Frumkes	School of Visual Art	[ "7553_101.pdf", "7553_102.pdf" ]	{"7553_101.pdf": "By News Desk May 8, 2018 12:16 pm 2024 The #MeToo movement at the School of Visual Arts in Manhattan has led to the removal of two professors, Colin Moynihan of the New York Times reports. After several students in the college\u2019s film and animation department made complaints to the school\u2019s Title office, which handles harassment and misconduct cases, and called out alleged abusers on social media, professor Roy Frumkes was suspended\u2014the school is in the process of terminating his employment\u2014and instructor Robert Haufrecht, who was suspended in March, will not have his contract renewed \u200bartguide \u200b\u827a\u672f\u8bba\u575b 2/22/25, 5:25 #TimesUp at Manhattan\u2019s SVA, Institution Removes Teachers Following Complaints 1/4 Artforum Inbox Register to receive our full menu of newsletters\u2014From the Archive, Must See, Video, In Print, Dispatch, and ArtforumEDU\u2014 as well as special offers from Artforum Ella Laytham, a former student, told the New York Times_, \u201cThere\u2019s a whole culture in film of dismissing inappropriate male behavior.\u201d While a number of students have been frustrated by the school\u2019s lack of response to their concerns about inappropriate behavior by professors in the past, SVA\u2019s actions in recent months suggest that their allegations will not be ignored and that improper conduct will not be tolerated. \u201cThe College is firmly committed to the rights of all members of its community,\u201d Joyce Kaye, a spokeswoman, wrote in an email responds to sexual misconduct complaints swiftly, investigates them thoroughly, and resolves them in accordance with local, state, and federal laws.\u201d 2/22/25, 5:25 #TimesUp at Manhattan\u2019s SVA, Institution Removes Teachers Following Complaints 2/4 M+ By News Desk 119 By News Desk $3.8 By News Desk BARRAG\u00c1N By News Desk 2025 By News Desk (1940\u20132025) By News Desk 1. 'The White Lotus' Season 3 Character Guide: Who's Who in Thailand? 2. How to Watch 'Sonic The Hedgehog 3' Online 2/22/25, 5:25 #TimesUp at Manhattan\u2019s SVA, Institution Removes Teachers Following Complaints 3/4 By providing your information, you agree to our Terms of Use and our Privacy Policy. We use vendors that may also process your information to help provide our services. Artforum is a part of Penske Media Corporation. \u00a9 2025 Artforum Media, LLC. All Rights Reserved. \u2018It Ends With Us\u2019: Blake Lively Lawsuit Against Justin Baldoni Explained \u2018Sandokan\u2019 Sails Again: Lux Vide Revives the Legendary Pirate, Showcased at Fremantle Presents at\u2026 The Rock Mashes Up Lil Wayne\u2019s \u2018The Block Is Hot\u2019 for New \u2018Final Boss Entrance Song \u200bAbout Us \u200bContact Us \u200bAccessibility \u200bAdvertising \u200bTerms & Conditions \u200bPrivacy Policy \u200bAd Choices Facebook Instagram YouTube Enter your email address 2/22/25, 5:25 #TimesUp at Manhattan\u2019s SVA, Institution Removes Teachers Following Complaints 4/4", "7553_102.pdf": "College Removes Instructors as Students Find Their #MeToo Moment \u2014 Two teachers at the School of Visual Arts in Manhattan were removed from the classroom this past semester after students in the college\u2019s Film and Animation Department complained about improper conduct on their part. Posted 4:06 p.m. May 8, 2018 - Updated 4:02 p.m. May 8, 2018 24 closings/delays reported. 24 2/22/25, 5:26 College Removes Instructors as Students Find Their #MeToo Moment 1/11 Sofia Zarul Azham, left, and Dominique Machain, students who complained that their School of Visual Arts professor had acted inappropriately toward them, in Manhattan, April 20, 2018. Two teachers at the were removed from the classroom this past semester after students in the college\u2019s film and animation department complained about improper conduct. (Caroline Tompkins/The New York Times) By , New York Times \u2014 Two teachers at the School of Visual Arts in Manhattan were removed from the classroom this past semester after students in 2/22/25, 5:26 College Removes Instructors as Students Find Their #MeToo Moment 2/11 the college\u2019s Film and Animation Department complained about improper conduct on their part. \u201cThere\u2019s a whole culture in film of dismissing inappropriate male behavior,\u201d said Ella Laytham, a former student, who said she had an issue with a professor in 2012. But this past semester, inspired by the #MeToo movement, students began aggressively calling attention to their grievances. They posted the names of the teachers on social media. Three students complained to the school\u2019s Title office, which looks into reports of harassment or sexual misconduct. In one complaint, Dominique Machain said that in 2016, when she was a freshman, Roy Frumkes, her narrative writing professor, told her in graphic detail about a student he said had gone to his apartment and had sex with him. Then, she said, he added that if she wanted a recommendation she should visit him there. The implication, Machain said, was clear almost felt paralyzed,\u201d she said News Brief Watch More 2/22/25, 5:26 College Removes Instructors as Students Find Their #MeToo Moment 3/11 In recent weeks the school responded, saying Frumkes\u2019 employment had been terminated after an investigation found that he had violated the school\u2019s sexual misconduct policy, according to a letter from an administrator. The letter did not detail the findings. Frumkes, who did not respond to requests for comment, is appealing. The school\u2019s letter said that until his right to appeal has lapsed or been exhausted his employment would be suspended. Another instructor in the department, Robert Haufrecht, was suspended in March and his contract was not renewed. The school said the suspension was in response to concerns raised by students but did not detail them. One student, Ashley Priessnitz, said she had complained last semester that Haufrecht, her acting teacher, had showed her unwanted attention, and had told her in class to rehearse suggestive scenarios, like washing herself started wearing baggy clothes to class because any time wore normal clothing he would comment on my appearance,\u201d Priessnitz said. \u201cIf saw him in a hallway at school would duck around a corner.\u201d Haufrecht declined to comment. Several weeks ago, an administrator in the Film and Animation Department, Mary Lee Grisanti, wrote to students, referring to Haufrecht. 2/22/25, 5:26 College Removes Instructors as Students Find Their #MeToo Moment 4/11 want you to know that your voices have been heard by this school at the highest levels,\u201d she said. The school\u2019s response illustrates the ripple effect of the #MeToo movement, which surfaced in the high-profile precincts of Hollywood but is now prompting action in more prosaic places like colleges and businesses. The School of Visual Arts, with more than 4,000 students from around the world, was founded in 1947 as the Cartoonists and Illustrators School and offers a variety of degrees. \u201cThe College is firmly committed to the rights of all members of its community,\u201d Joyce Kaye, a spokeswoman, wrote in an email responds to sexual misconduct complaints swiftly, investigates them thoroughly and resolves them in accordance with local, state and federal laws.\u201d Kaye did not respond to questions about Frumkes. The school\u2019s film and animation program offers courses in screenwriting, cinematography and directing. Among its alumni are horror director Ti West; Dan Minahan, who has directed episodes of \u201cGame of Thrones,\u201d and \u201cHouse of Cards\u201d; and Michael Giacchino, a composer who was named to the board of governors of the Academy of Motion Picture Arts and Sciences in 2015. Several students and former students said they were frustrated by the school\u2019s response when they complained in the past. One former student, Courtney Wilder, said she had complained to Salvatore Petrosino, an administrator in the Film and Animation Department, almost two decades ago when, she said, Frumkes made her 2/22/25, 5:26 College Removes Instructors as Students Find Their #MeToo Moment 5/11 feel uncomfortable by calling her in her dormitory, inviting her to his apartment and giving her presents in class. She said Petrosino told her that he would talk to Frumkes, but that no one followed up with her. \u201cIt really shook my confidence as a young woman,\u201d she said, \u201cwhat people see as your value and who you can trust.\u201d The school is now investigating Wilder\u2019s complaint. Petrosino did not respond to phone and email messages requesting comment. In recent weeks the school\u2019s president, David Rhodes, wrote Wilder to apologize for her treatment by faculty and staff thought that had cleaned house in 1996,\u201d he said. \u201cObviously was wrong.\u201d The recent complaints about Frumkes came in earlier this year. Machain and a second student, Sofia Zarul Azham, said they realized that they each had similar experiences with him. Zarul Azham said that Frumkes had asked her to his apartment, invited her to a restaurant and once commented on her breasts. The two women decided to go together to the Title office, accompanied by a professor, Nana Simopoulos, who acted as their adviser. \u201cHe made me uncomfortable many, many times,\u201d Zarul Azham said of Frumkes. 2/22/25, 5:26 College Removes Instructors as Students Find Their #MeToo Moment 6/11 Related Around the Web Stop Information Overload Ethereal Search Engine Wake school board picks \"Little Creek\" for new east Wake Co. school wral Trump acknowledges \u2018inflation is back\u2019 but blames Biden wral Jerry 'Ice Man' Butler, soul singer whose hits included 'Only the Strong Survive,' dies at 85 wral The Close Relationship Between Stress and Sleep Did Your Mom Ever Make the Paper? 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8,888	David Stachura	California State University - Chico	[ "8888_101.pdf", "8888_102.pdf", "8888_103.pdf", "8888_104.pdf", "8888_105.pdf", "8888_106.pdf", "8888_107.pdf" ]	{"8888_101.pdf": "Assessment of Processes in Response to Concerns About David Stachura California State University, Chico November 21, 2023 I. Brief Background and Scope A. Summary of Background Resulting in the Process Assessment Briefly, in September 2020, Chico State\u2019s Title Office found that Professor David Stachura of the Biological Sciences Department had a prohibited consensual relationship with a graduate student in violation of Executive Order 1096 1096). After a failed appeal, in December 2020, an informal resolution was reached pursuant to the governing collective bargaining agreement of the California Faculty Association (the CBA). In August 2021, the University was made aware that Dr. Stachura\u2019s estranged wife accused him of threatening to kill two female colleagues who participated in the 1096 investigation. Dr. Stachura was placed on a temporary suspension while the Campus Violence Consultation Team (CVCT) investigated. The engaged an external risk assessment consultant and notified Dr. Stachura in October 2021 that they did not find that he posed a threat of violence and he was permitted to return to campus. Chico State employees raised additional concerns about Dr. Stachura\u2019s threats of violence from January through June of 2022 and the University did not find cause to conduct additional investigations. In May 2022, Dr. Stachura was promoted to full Professor effective in Fall 2022. In December 2022, articles about the University\u2019s response to allegations about Dr. Stachura were published, and Dr. Stachura was placed on, and remains on, a paid leave of absence as required by the CBA. B. Scope of the Review The investigator and author of this report is Nancy Aeling asked the investigator to make factual findings with respect to the following six questions, divided for clarity into three categories. First, was the December 2020 informal resolution of the 1096 findings reasonable under the circumstances, given the possible outcomes if the University had not settled? Second, regarding the University\u2019s responses to alleged threats of violence: \u2022 Did the University respond appropriately in August 2021 when it learned of the threat allegations raised by Dr. Stachura\u2019s wife? 1 \u2022 Did the University respond appropriately to additional concerns about the threat allegations expressed between January and June of 2022?1 \u2022 Was it reasonable for the University to decide the alleged threats of violence did not call for discipline? \u2022 Did the University act consistently with policy by not notifying the Chico State community of Stachura\u2019s alleged threats of violence?2 Third, were the appropriate processes followed in the decision to promote Dr. Stachura with respect to consideration of 1) the 1096 findings and 2) the alleged threats of violence. C. Review Procedures The investigator spoke with 22 witnesses, including current and former members of the Biology Department, members of the University\u2019s Campus Violence Consultation Team (CVCT), administrators, attorneys and a union representative. Note that the investigator did not interview Dr. Stachura because the probability that he would have information relevant to a review of the processes followed by the University is low. To protect witness privacy, witnesses are not identified by name or title. The investigator reviewed over 100 documents provided by the University and witnesses consisting of notes, emails and memoranda. The investigator also reviewed about a dozen documents pertaining to policies, executive orders, the and retention, the threat assessment report, tenure and promotion procedures. Note that while the circumstances surrounding David Stachura and Chico State have apparently generated substantial local media attention, the investigator did not read or review media reports or articles because to do so might run the perceived or actual risk of compromising the neutrality of the review. It is worth bearing in mind that the scope of the review is bound in time to the 1 On September 4, 2023, the University provided additional documents indicating that the University was told of alleged threats by Dr. Stachura in November 2021, and the witness who allegedly heard the threats wished to remain anonymous. In the interests of thoroughness, the investigator was asked to consider whether these documents could change the assessment findings. In the Fall of 2023, the investigator re-interviewed five witnesses all of whom were deemed credible. (See Section III.B.1.c.) Relevant witnesses did not remember if they were notified of the specific allegations in 2021, and did not have documents that would assist their recall. Further, in the two years since the alleged threats were raised, there has been substantial publicity concerning Dr. Stachura, increasing the difficulty of witnesses to recall accurately what they heard, when they heard it and from what source. Hence, it is unlikely that the additional documents would change the assessment findings because witness\u2019s memories have faded and the investigator did not find documents indicating how the allegations were addressed. 2 The relevant policy regarding notification is Executive Order 1107 which implements the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (the \u201cClery Act\u201d). 2 decisions made and actions taken by the University at the time they were made and with the information then available. Hence, consideration of information available after decisions were made is likely to be tainted by hindsight bias. This review applied the preponderance of evidence standard to support the factual findings regarding the six questions constituting the scope of the review. This means evidence on one side outweighs the evidence on the other side, and it therefore more likely than not that the finding either is or is not substantiated. D. Summary of the Findings The factual findings support the following conclusions: \u2022 The December 2020 informal resolution of the 1096 findings was reasonable under the circumstances; \u2022 The University responded appropriately in August 2021 when it learned of the threat allegations raised by Dr. Stachura\u2019s estranged wife; \u2022 It was reasonable for the University to decide the concerns raised between January and June 2022 did not call for discipline; \u2022 The University acted consistently with policy by not notifying the Chico State community of Stachura\u2019s alleged threats of violence; \u2022 The University followed the appropriate processes in the decision to promote Dr. Stachura with respect to consideration of 1) the 1096 findings and 2) the alleged threats of violence. II. Informal Resolution of the 1096 Findings A. Factual Background and Relevant Policies Facts Pertaining to the 1096 Investigation The 1096 investigation found by a preponderance of the evidence that David Stachura and student Witness (or \u201cthe student\u201d) engaged in a consensual sexual relationship and that as her graduate advisor, Dr. Stachura exercised academic and supervisory control over the student. The investigation was undertaken by the University in response to concerns brought forward in by Witness on June 25, 2020, and supported by, among others, Witness C.3 Both women observed Dr. Stachura and Witness spending hours in Dr. 3 As discussed in detail below, Dr. Stachura allegedly threatened to kill Witness and Witness for their participation in the investigation. 3 Stachura\u2019s office with the door closed, and Witness C, who had the office adjoining Dr. Stachura\u2019s office, said she overheard the pair engaging in sexual activity and had seen them kissing. Dr. Stachura and the student are reasonably close in age, as Witness was a returning student and was older than the more traditional students who entered the University shortly after graduating from high school. Both Dr. Stachura and the student were married and each has two children. Dr. Stachura and Witness denied that they had a sexual relationship, while admitting that they went out for drinks, spent time watching movies in his office and generally \u2018hung out\u2019 together. Facts Pertaining to the Settlement Agreement On September 15, 2020, the Title office provided Dr. Stachura with the investigation report finding him in violation of 1096. Article of the Executive Order provides that a party who is not satisfied with the outcome of the investigation may file an appeal. Dr. Stachura filed an appeal that was denied on about October 15, 2020. On November 3, 2020, a member of the Office of Academic Personnel (OAPL), sent an email to Dr. Stachura, notifying him that the University intended to file a notice of pending disciplinary action based on the findings of the 1096 investigation. Disciplinary actions are governed by Article 19.3 of the CBA. Three types of discipline are permitted: dismissal, demotion, or suspension without pay. Pursuant to Article 19.3 of the CBA, the parties may attempt informal resolution, which they agreed to do in this case. If the matter is not informally resolved, Article 19.10 permits the employee to appeal the pending disciplinary action and to have the appeal heard by an arbitrator. Unless the discipline is a suspension without pay of 30 days or less, the disciplinary action is held in abeyance until the arbitrator issues a final decision. To summarize, in November of 2020, the University had two choices, to informally settle the matter or to arbitrate imposition of the disciplinary action, and chose to attempt to settle the matter. Procedurally represents the University and reports to the Office of the Provost member of participated in the settlement discussions, advised by the Office of General Counsel. (OGC.)4 Dr. Stachura was represented by a union representative. The University sought a one-half semester suspension and Dr. Stachura\u2019s 4 In arbitrations with faculty, the University is represented by OGC. 4 representative wanted the suspension to be one quarter of the semester. The negotiations between Dr. Stachura and the University resulted in an agreement, signed December 1, 2020 in which Dr. Stachura was given a .33 suspension for the Spring 2021 semester, and he agreed to withdraw his request for early promotion to full professor. The University agreed that the report of the 1096 investigation would be held outside the Personnel Action File (PAF) unless another investigation by the Title office found violations within three years of the date the settlement agreement was executed. Among other matters, the University considered the following factors in reaching the agreement. First, Dr. Stachura engaged in a consensual relationship with a student who is, in terms of age, his peer. Note that the student did not complain and did not admit to the relationship. The investigator reviewed examples of professors accused by students of unwelcome advances, and these professors received harsher discipline, including termination. In contrast, Witness neither complained nor admitted that a relationship with Dr. Stachura occurred. Second, the arbitration process is both lengthy and expensive and the University often does not prevail. Again, arbitration procedures are governed by the CBA, Articles 19.10 \u2013 19.24 and the parties must comply with the procedures and timelines set forth in those processes which, in this case, mandates that the sanction must be held in abeyance for as much as 135 days, pending a final decision. (Article 19.12(b).) Third, the delay caused by arbitration also results in a delayed imposition of discipline, and the University believed that in order for discipline to be effective, it should be imposed as close in time as possible to the event relevant question was thus, how the University could impose discipline that would be enforced the following semester. The investigator was told that the University wanted to impose discipline and therefore considered the likelihood that the discipline would be upheld if challenged in arbitration, and considered the following: \u2022 When faculty exercise their right to arbitrate discipline, frequently the discipline is not upheld. Anecdotally, the arbitrators reduce or deny any suspension more often than not. There are no strict guidelines that link a particular violation to a specific level of discipline. Rather, the discipline selected is based on a case-by-case analysis, and discipline for a consensual relationship appears to be comparatively rare. \u2022 While settlement terms are considered confidential, the terms are at least implicitly known. For example, if a faculty member\u2019s teaching load is unexpectedly reduced this can create the perception that the reason is disciplinary, especially since witnesses are aware of the allegations. In 5 other words, the absence of discipline would likely result in the perception that the University condones professors having consensual relationships with students they supervise. Finally, at the time \u2013 the summer of 2020 \u2013 Dr. Stachura was considered a productive member of the faculty, with highly regarded achievements in scholarship, teaching and service. The complaint by members of the Biology Department was the first complaint raised with the Title office about Dr. Stachura. B. Analysis Given the information available at the time, the findings support the conclusion that the University\u2019s decision to informally resolve the imposition of discipline for Dr. Stachura\u2019s violation of Executive Order 1096 is reasonable. The University contacted OGC, the office that represents them in arbitration and therefore has significant experience in the process. Hence, the University, at least implicitly, performed a risk-benefit analysis based on the information and assessment of likely outcomes, and reached the conclusion that imposition of swift and certain discipline was preferable to imposing discipline that, at best, would be significantly delayed and, more likely, would not be imposed at all. III. University Responses to Alleged Threats of Violence A. Alleged Threats in August 2021 1. Factual Background and Relevant Policies On about August 12, 2021, the attorney representing Dr. Stachura\u2019s wife contacted witness and informed her that she and Witness had been named in a request Domestic Violence Restraining Order (DVRO) filed by Dr. Stachura\u2019s wife. Witness requested a copy of the from the attorney and learned that Dr. Stachura allegedly complained about the two women and said he was going to shoot them and then commit suicide. Although Witness was on a sabbatical in Europe, she provided a copy of the to the Title Coordinator. Upon receiving the DVRO, the University\u2019s Campus Violence Consultation Team (CVCT) convened the same day to discuss the allegations. The is governed by Chico State\u2019s Policy on Campus Behavior and Violence Prevention (Executive Memorandum 12-025) that sets forth procedures regarding threats of violence. Pursuant to the policy, the Chief of University Police, the Director of Labor Relations and the Chief of Staff to the President were among the members of the CVCT. 6 On August 18, 2021, the met, confirmed that Dr. Stachura had surrendered his firearms5 and placed him on a temporary suspension.6 After consulting with the Chico State\u2019s risk manager on August 23, 2021, the engaged a third-party risk assessment consultant group, and Threat Assessment Group (TAG) was engaged to perform a risk assessment. The analyst is a retired special agent and has an in Forensic Psychology. Acting under the direction of the analyst, the conducted interviews with questions provided by TAG, and reported the information to TAG. The interviews took place between September 3 and September 9, 2021. On September 9, 2021, the request for a was granted. In addition to the claim that Dr. Stachura threatened his colleagues, the report noted that his wife alleged that she suffered an incident of sexual abuse, that Dr. Stachura regularly drank to excess and that he sent her threatening and intimidating text messages after she filed for divorce. The analyst interviewed Dr. Stachura and on September 16, 2021, provided his report to the CVCT. Briefly, the report said Dr. Stachura\u2019s wife alleged that on May 11, 2021, Dr. Stachura told her he purchased guns to kill his colleagues, Witness and Witness C, and then kill himself. She did not report this allegation to the police, the University, or Witnesses and C, whom she knew socially. Dr. Stachura maintained that he told his wife he had a nightmare about killing his two colleagues and himself. The two were separated and his wife had filed for divorce. They were also involved in a dispute over custody of their twin daughters. The report noted that Dr. Stachura provided evidence that he purchased the firearms in March 2020, prior to the 1096 investigation. The report stated: \u201cDavid purchased three firearms in March 2020, but he relinquished the weapons to the Chico Police Department on August 4, 2021, pursuant to the DVRO.\u201d The report\u2019s Assessment section stated essentially that if the accepted his wife\u2019s allegations about Dr. Stachura\u2019s threat to his two colleagues, \u201cit may be appropriate to conclude that David does pose an unacceptable risk of violence to the workplace.\u201d On the other hand, the report said Dr. Stachura\u2019s version of events, \u201cdoes not corroborate the 5 The firearms were surrendered on August 4, 2021, pursuant to the DVRO. 6 The University had been on summer break and August 18, 2021 was the first working day following the receipt of the DVRO. 7 presence of any known risk factors for violence, and he articulated several important protective factors which, all things being equal, reduce the likelihood of violent or disruptive behavior. We caution, however that \u2018no elevated risk of violence\u2019 is not the same as \u2018no risk of violence.\u2019\u201d The report added that if the University chose to allow Dr. Stachura to return, \u201cyou continue to monitor David\u2019s behavior closely, and that others at the University, including the two professors who previously provided derogatory information about David, be instructed to immediately alert appropriate University staff or police if they observe threatening or concerning behavior.\u201d The found the conclusion of the report ambiguous and lacking sufficient guidance. Consequently members asked for a meeting with the analyst to clarify the findings, and met with the analyst on September 20, 2021. According to the notes taken by a member during the meeting, the analyst reviewed the risk factors for violent behavior and concluded there \u201cis not a lot here to support [a] belief he is a threat.\u201d During the meeting, the analyst said that if the University believed Dr. Stachura had homicidal intent he should not be permitted to work there, and added that he did not think Dr. Stachura had such intent. In September 2021, more meetings were held with the analyst and the University Police Department, and additional documentation was requested from Dr. Stachura member who attended the hearing reported that Dr. Stachura or his attorney asserted that Dr. Stachura\u2019s wife left their two children with Dr. Stachura for a week, going away with friends, shortly after he made the alleged threats. In early October 2021, the met to discuss Dr. Stachura\u2019s status, and decided that Dr. Stachura would be permitted to return to work subject to conditions. Plans were made to communicate with Witness and witnesses, and to put practices in place so that Witness and Dr. Stachura would not be in their shared lab space at the same time. On October 14, 2021, the sent a letter to Dr. Stachura notifying him that it determined he did not currently pose a threat of violence to the campus community. The letter set forth the CVCT\u2019s expectations of Dr. Stachura upon his return to the campus. For example, Dr. Stachura was directed to meet with an administrator and the Dean \u201cto discuss expectations of collegial interaction and work space use with Witness C.\u201d He was expected to meet biweekly with the Dean, to adhere to the requirement to work \u201ccollaboratively and productively with colleagues,\u201d to attend training sessions on communication and conflict resolution, and to attend weekly Employee Assistance Program sessions for the rest of the semester. 2. Analysis 8 Given the information available at the time, the University responded appropriately in August 2021 when it learned of the threat allegations raised by Dr. Stachura\u2019s estranged wife because a preponderance of the evidence establishes the following. First, on the same day it received the and became aware of the alleged threats against the two biology professors, the University convened the CVCT, pursuant to Executive Memorandum 12-025. Hence, the University acted promptly and in accordance with policy. Second, the promptly suspended Dr. Stachura and sought recommendations for an expert to conduct a threat assessment and engaged the consultant who, as a former special agent trained in forensic psychology, appears well qualified to provide the necessary assessment. Third, when the found the written report produced by the consultant to be unclear, they met with him to seek additional clarity and guidance. Fourth, the obtained not only the information gathered by the consultant, but information provided by other sources as well, including the University Police Department. From this information gathering process the learned the following: \u2022 The only source for the alleged threats was Dr. Stachura\u2019s estranged wife, who had filed for divorce and was seeking legal and physical custody of the couple\u2019s two children. \u2022 Although Dr. Stachura\u2019s wife alleged that the threats were made in May 2021, she did not bring the information to the police, the University or the two professors at the time she alleges the threats were made. Rather, her attorney informed one of the professors in August 2021. Further, she left the couple\u2019s two children with Dr. Stachura for about a week after the alleged threats were made. \u2022 The allegations stated that Dr. Stachura purchased firearms to kill his two colleagues and himself. However, evidence showed that the report concluded that Dr. Stachura purchased the weapons in March 2020, four months before he was notified of the 1096 investigation.7 7 The evidence that Dr. Stachura purchased all three guns prior to the Title investigation is ambiguous as one gun was delivered and paid for in October 2020. The records do not show when the third gun was originally ordered. 9 \u2022 Dr. Stachura relinquished his firearms to the Chico Police Department. Fifth, the included conditions for Dr. Stachura\u2019s return to campus, including those recommended in the report. In sum, the followed governing policy and Executive Memorandum 12-025 because when informed of the alleged threats, the committee retained an expert and sought and considered the information available. When the process ended in October 2021, the University reasonably concluded that Dr. Stachura did not \u201ccurrently pose a threat of violence to the campus community. B. Concerns Raised Between January 2022 and June 2022 The investigator considered the University\u2019s decisions that concerns raised by three University employees between January and June of 2022 did not require additional discipline. Two of the concerns were raised in January and April 2022 by Witness staff member in the Biology Department (Witness E) brought forward concerns in May 2022, and a representative (Witness F) emailed additional concerns to the President in June 2022. For clarity, this section separately describes a) the concerns raised and b) an analysis of the reasonableness of the University\u2019s decisions not to conduct additional investigations, given the facts and applicable policies. Where there are disputed issues of fact, a credibility analysis is included. 1. Concerns Raised by Witness in January 2022 There is a dispute of fact about the content of the concerns brought forward by Witness D, who described herself as a former friend and confidant of Dr. Stachura. a) Concerns as Recorded by Administrators Witness told the investigator that after Dr. Stachura returned to campus in October 2021, she discussed concerns she had about Dr. Stachura\u2019s conduct with at least two female faculty members, but that she didn\u2019t want to be involved. On January 3, 2022, Witness met with members of the College of Natural Sciences, Witness and an associate. Witness took notes of the meeting, and his notes reflect the following. Witness said that she had been a friend and confidant of Dr. Stachura. 10 After Dr. Stachura returned to campus in October 2021, the two went for coffee a handful of times. Dr. Stachura expressed his anger toward the two colleagues, who he blamed for instigating the 1096 investigation and said he treated them with hostility, glaring at them in the hallway, but stopping short of conduct that he believed would result in complaints. At one point, Witness told Dr. Stachura that she needed to remain neutral, and he responded that \u2018she better not become part of the problem,\u2019 or words to that effect. Witness reported further that Dr. Stachura said something such as, \u201cIf wanted to kill people, you would all be dead.\u201d According to notes taken by OAPL, Witness also brought her concerns to that office on or about January 5, 2022. According to these notes, Witness said again that Dr. Stachura was angry with the two colleagues named in the DVRO, that he has subtle ways of showing hostility and that he never forgives or forgets. She added that since she had stepped back from her friendship with Dr. Stachura, he now glares at her. The notes do not mention guns or threats. On January 6, 2022, Witness sent an email to Witness H, Witness and stating that she had been approached by a faculty member, witness G, who wanted to discuss her meeting with members of the College of Natural Sciences and OAPL.8 In her email, Witness said said several times that was uncomfortable discussing the issue in public and that I'd like to keep my involvement private. He completely ignored me and continued with his agenda which was very loud and in a public hallway. Based on this would like to withdraw all of my comments regarding Dave do not feel like am being protected, so am withdrawing myself from this situation.\u201d Witness responded that he regretted the interaction and that he, Witness and had not shared the information she provided with anyone in the department. Witness replied that she \u201cwas only frustrated with [Witness G],\u201d and not with the other meeting participants. Witness told the investigator that he anticipated that Witness would say she had been threatened and was almost disappointed when she did not provide information of a threat that would lead to further investigation. Both the Witness and Witness spoke highly of Witness and her integrity. 8 Witness G, is a member of the Biology Department who opposed Dr. Stachura\u2019s promotion to Full Professor and against whom Dr. Stachura later filed a grievance. 11 b) Concerns Described by Witness in December 2022 On December 8, 2022, a media source published the first in a series of articles about Dr. Stachura, the Title investigation and the threat assessment. Shortly thereafter, the Academic Senate held an open forum meeting for members of the campus community to discuss issues raised in the article. Witness spoke at the Academic Senate meeting, and repeated what she had shared with Witness H, Witness and OAPL. She added that in addition to stating that \u201cIf wanted people to be dead, you\u2019d all be dead,\u201d he said, \u201cI\u2019m a doer, but maybe I\u2019ll skip your office.\u201d She maintained that Dr. Stachura told her if she told anyone, she would regret it. c) Credibility Analysis Where there is a disputed issue of fact, the investigator conducts credibility assessments credibility assessment is not a determination of the honesty of a party or witness. Rather, credibility is akin to \u2018reliability,\u2019 not in the sense of statistical reliability, but in the sense that one version of events is more likely than not to be reliable. In analyzing credibility, the investigator considers several factors including bias and corroboration. Here, the credibility of witness H, Witness and is enhanced because it is corroborated by the contemporaneous notes two meeting participants. The credibility of the Witness and Witness is further enhanced by not only a lack of bias, but by their positive feelings towards Witness D. Both said that while they did not recall Witness discussing the threats she raised at the Academic Senate meeting, they believe her to be honest and that she would not be deliberately misleading. Indeed, both Witness and Witness said they are not only colleagues but personal friends of long standing. In addition, neither Witness nor Witness exhibited a bias in favor of Dr. Stachura. To the contrary, his return to campus created tensions and difficulties within the Biology Department, such that Witness expressed regret that he did not have a basis to take action that would address those tensions and concerns. Witness D\u2019s credibility is lessened because it is not corroborated and is contradicted by contemporaneous notes. In addition, Witness D\u2019s credibility must be considered in light of the fact that she shared her 12 concerns with other faculty members, increasing the probability that in December 2022 \u2013 nearly a year after her initial report to the Dean \u2013 her recollection of what she said to who may be inconsistent. d) Analysis of the University\u2019s Response Chico State\u2019s Policy on Campus Behavior and Violence Prevention 12-025) defines the behaviors prohibited by the policy. Here, the relevant behaviors are: \u2022 Bullying \u2013 intentional intimidation or infliction of emotional distress, characterized by verbal abuse, derogatory remarks, insults and epithets, verbal and physical behavior that a reasonable person would find threatening, intimidating. \u2022 Threatening harm or harming another person, or any other action or conduct that implies the threat of bodily harm or harm to a person\u2019s property, job, family, etc. \u2022 Illegal possession, or illegal use or threat of use of a gun, knife or other weapon/s of any kind. It is more likely than not that in January 2022, the University was informed that Dr. Stachura told Witness something to the effect that, 1) \u201cshe better not be part of the problem,\u201d and 2) \u201cIf wanted to kill people, you would all be dead.\u201d Two days after reporting her concerns, Witness sent an email to Witness H, stating that based on what she described loud and public questioning by Witness would like to withdraw all of my comments regarding Dave.\u201d9 Dr. Stachura\u2019s comments are unlikely to rise to the level of threats prohibited by 12-125. There is no threat of bodily harm, use of prohibited weapons or verbal abuse. What is more, a plausible interpretation of the comment, \u201cIf wanted to kill people, you would all be dead,\u201d is that he did not want to kill people or he would have done so. In sum, given the information available in January 2022, the witness\u2019s decision to withdraw her statements and the prohibited behaviors found in EM-125, the University\u2019s decision not to impose additional discipline is not unreasonable. 2. Concerns Raised by Witness in May 2022 a) Concerns 9 See the text of the email on page 11, Section III.B.1.a. 13 Witness told the investigator that in April or May 2022, she again spoke to Witness to ask if any action was being taken, but was told that it was a personnel matter and he could not discuss it. Witness H\u2019s notes show that he held a meeting with Witness on April 28, 2022. According to these notes, Witness complained of \u201cdeath glares\u201d when she encountered Dr. Stachura in the hallways and that when she suggested they stop the negative interactions, he responded hate you.\u2019 She added that she found Dr. Stachura to be \u2018hostile\u2019 and \u2018intimidating.\u2019 Witness found Witness to be uncomfortable with her interactions with Dr. Stachura. While she maintained that Dr. Stachura was hostile and intimidating, she did not tell Witness that he threatened her. b) Analysis of the University\u2019s Response The decision not to impose discipline in response Witness D\u2019s concerns in May 2022 is reasonable based on the following factual findings. First, in speaking with the investigator, Witness did not recall her conversation with Witness as an allegation of threatening conduct. Second, Witness H\u2019s contemporaneous notes show ongoing discomfort with Dr. Stachura\u2019s attitudes and communications, both verbal and nonverbal. Again, however, there is no allegation of a threat. Finally, it is unclear that glaring and saying hate you,\u2019 forms a basis for discipline because it would amount to making faculty subject to discipline based on behaviors not included in 12-25. 3. Concerns Raised by Witness in May 2022 a) Concerns Witness works in the Biology Department providing administrative support. On May 25, 2022, Witness responded to an email sent by the University President about the shooting in Uvalde, Texas. In her email, Witness did not identify Dr. Stachura by name, but referred to \u201can investigation that involved\u2026weapons on campus,\u201d and \u201ca gun on our campus space.\u201d The President forwarded the email to the Title Office who 14 interviewed the witness witness from the Title Office told the investigator that Witness did not provide any new information that would form the basis for a complaint. Rather, the information she provided was largely the same as the allegations in the DVRO. Witness told the investigator her husband received an anonymous letter about Stachura and campus police, which she recalled as him having a gun or perhaps threatening someone with a gun. These are the allegations she apparently discussed with the member of the Title Office. b) Analysis of the University\u2019s Response When the President sent the email to the Title Office with references to guns on campus, the Office investigated to determine if there was a new allegation of a gun on campus. The Title Office reasonably determined that Witness referred to the allegations in the which had already been investigated by the CVCT, and did not uncover any new or additional prohibited behavior. Thus, the decision not to impose discipline is reasonable because there is no new conduct that would support disciplinary action. 4. Concerns Raised by Witness in June 2022 a) Concerns Witness is a member of the who sent a letter to the President, Provost and on June 8, 2022 about \u201cfaculty members in the biology department who continue to be the object of Dr. Stachura\u2019s angry attention.\u201d The letter said that during the Title investigation, \u201cto my knowledge\u2026he brought up the fact [that] he had weapons in his home and expressed his angry responses to their concerns.\u201d Attached to the letter is an email from Dr. Stachura to requesting appeal of a grievance he \u2013 Dr. Stachura \u2013 filed against Witness G, another Biology Professor. Dr. Stachura said he had been the target of \u201charassing behavior\u201d by Witness and added, \u201cAs we\u2019ve all seen in the news recently in Uvalde and Buffalo, harassment and threats can reach a violent crescendo member of responded asking if Dr. Stachura had additional information leading him to make such specific references, and if not, to clarify why he made such references. 15 Witness said that he was glad for OAPL\u2019s response, and asked that the President and Provost \u201cinvoke the powers of their office to intervene in this downward spiral of language.\u201d b) Analysis of the University\u2019s Response Here, Witness did not allege violence by Dr. Stachura, but objected to the language Dr. Stachura used to characterize alleged harassment he experienced from Witness G. OAPL\u2019s response addresses Dr. Stachura\u2019s references to specific episodes of violence and did not investigate further, as the letter by Witness did not provide a threat that would form the basis for discipline. C. Duty to Notify the Chico State Community campuses are subject to Executive Order 1107 which implements the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (the Clery Act). In addition to collecting and reporting specified crime reports and crime statistics, the campuses are required to issue timely warnings and emergency notifications when called for. 1. Timely Warning Policy When a crime covered by the 1107 occurs, campus officials are required to evaluate if there is a serious or ongoing threat to the campus community to determine if a timely warning needs to be issued to all staff and students. The policy states that to determine if a timely warning is called for, the campus must determine whether an incident meets three factors. Unless all three factors are met \u201cthen no timely warning will be issued 1107 Article III, Section C.) Most relevant here is a determination of whether an incident constitutes \u201ca Clery reportable crime.\u201d10 The Executive Order references the definition of a reportable crime provided in federal law, which defines them as: \u2022 Criminal Homicide \u2013 murder, negligent and nonnegligent manslaughter; \u2022 Sex offenses \u2013 rape, fondling, incest and statutory rape; \u2022 Robbery \u2022 Aggravated assault \u2022 Burglary \u2022 Motor vehicle theft \u2022 Arson 10 The two additional factors are whether the incident occurred on \u201cClery geography\u201d and whether it poses a serious or ongoing threat to the community. 16 \u2022 Hate crimes \u2022 Dating violence \u2022 Arrests and referrals for liquor law violations, drug law violations and illegal weapons violations. Here, Dr. Stachura is alleged to have told his wife that he intended to shoot two of his colleagues and himself 1107 requires that an incident meet \u201call of the following factors,\u201d including meeting the definition of a Clery reportable crime. (Emphasis in the original.) Allegedly making a threat of violence is not considered a reportable crime. Hence, under the Executive Order, the University was not required \u2013 indeed was not permitted \u2013 to issue a timely warning. 2. Emergency Notification Policy The policy provides examples of situations that constitute \u201ca significant emergency or a dangerous situation that poses an imminent or immediate threat\u201d that would call for issuance of an emergency notification. One example provided in the policy is \u201ccriminal activity with an imminent threat...e.g., active shooter, murder, suspect fleeing with a weapon.\u201d The policy lists two factors that must be met or no emergency notification is required. First, there must be \u201ca legitimate emergency or dangerous situation\u201d and second, \u201cthe emergency or dangerous situation poses an immediate or imminent threat to members of the on-campus community 1107, Article III, Section D.) Recall that Dr. Stachura allegedly threatened his colleagues in a conversation with his wife in May 2021, and that his wife did not notify the police, the University or the colleagues. The University did not learn of the allegations until August 12, 2021. At that point, Dr. Stachura had surrendered his firearms to the Chico Police Department.11 It is unlikely, under these circumstances, that the alleged threats would be considered either an emergency or a dangerous situation. It is even less likely that the May 2021 allegations posed \u201can immediate or imminent threat\u201d to members of the Chico State community in August 2021. Recall as well that the threats were unproven allegations from a single source who was engaged in divorce proceedings with Dr. Stachura. IV. Promotion to Full Professor A. Policies Governing Promotion 11 The expired in August 2022 and Dr. Stachura became eligible to retrieve the guns. He did so, but surrendered them voluntarily in December 2022. 17 The promotion process is governed by the and the Chico State Faculty Personnel Policies and Procedures manual (FPPP). Promotion decisions are based in part on recommendations by Personnel Committees, in this case made up of Professors from the Biology Department. The Dean of the College has approval authority and the promotion decision is then made by the President or his or her designee. The Personnel Committee considers information available in the Personnel Action File (PAF). The defines the as the \u201cone official personnel file for employment information and information that may be relevant to personnel recommendations or personnel actions regarding a faculty unit employee.\u201d Faculty employees also have a Working Personnel Action File (WPAF) which is the file specifically generated for use in a performance evaluation cycle. The includes materials submitted by the employee that they wish to be considered in the evaluation process. Materials placed in the are incorporated by reference in the PAF. Hence, the Personnel Committee considering a faculty promotion is to base their decision on the contents of the PAF, which includes by reference, materials the faculty member wants the committee to see. What is more, members of the Personnel Committee are not to consider information that is not in the PAF. Article 11.9 of the says: \u201cPersonnel recommendations or decisions relating to retention, tenure, promotion, or termination based upon work performance, or any other personnel action, shall be based on the Personnel Action File.\u201d The President is the only person who may consider issues \u201cnot directly related to the professional qualifications, work performance or personal attributes\u201d of the faculty member. Those reasons must be in writing, placed in the and immediately provided to the faculty member. (CBA, Article 11.9.) B. Considerations in Dr. Stachura\u2019s Promotion to Professor In the Fall of 2021, Dr. Stachura was in the process of applying for promotion to Full Professor (generally referred to simply as Professor). He was promoted to Professor in May 2022, effective the following Fall semester. Bear in mind that the informal resolution of discipline for the 1096 violation the investigation findings were not included in the and therefore were not to be considered in the promotion decision. Also relevant is the timing. In the Fall of 2021, the alleged threats raised by Dr. Stachura\u2019s estranged wife were being investigated at the same time his promotion was under consideration. 18 On October 19, 2021, the day following Dr. Stachura\u2019s return from his suspension, Witness sent a letter to the Personnel Committee saying that he had knowledge of Dr. Stachura\u2019s conduct and recent suspension and feel it is important to share with everyone, starting with the Personnel Committee.\u201d He went on to discuss the \u201cvery public affair with one of his students\u201d and added that the week before the semester started, Dr. Stachura\u2019s wife reported that he was drinking to excess and had \u201cpurchased an assault weapon and threatened to kill two members of the department who he blamed for his troubles.\u201d Witness said he went to the Butte Superior Court and viewed the documents in the case. He took photos of some of the documents, including the application, and attached them to the email. C. Analysis of University\u2019s Consideration of the 1096 Findings and Alleged Threats of Violence in the Promotion Process Witness submitted information outside of the for the Personnel Committee to consider when deciding whether to recommend that Dr. Stachura be promoted to Professor. The University determined that this action was inconsistent with the promotion requirements. As a result, the Personnel Committee was disbanded and another committee formed. The second committee recommended that Dr. Stachura be promoted to Professor. Witness told the investigator that he researched his options to see if he had the authority to deny Dr. Stachura\u2019s promotion. Pursuant to the and the requirements, he limited his review to materials in the and approved the promotion. The President has the authority to consider issues that were not included in the PAF. She considered that Dr. Stachura had engaged in prohibited conduct, as established by the 1096 findings. He received and complied with the discipline the University and the negotiated and agreed to. She considered that Dr. Stachura had been accused of making threats of violence against his colleagues and that the and the expert they retained concluded that he did not pose a threat of violence, and that he complied with the suspension and gave up his firearms to the police.12 She also considered that he was a highly productive citizen of the academy, with a strong record of teaching, service and research. The President approved Dr. Stachura\u2019s promotion to Professor. Based on the factual findings above, the investigations finds that the University followed the appropriate processes for promotion with respect to the 1096 findings and the alleged threats of violence. The sets forth the information that can be considered at the departmental and college level reviews and as 12 The investigation did not find evidence that the President was aware of the statements made by Witness in January 2022. 19 neither incident was part of the PAF, it was appropriate that they were not factored into the promotion decision. V. Closing In closing it is helpful to reiterate what the scope of process assessment is, and what it is not. An assessment of the processes followed by the University is an impartial and objective view of the response to matters \u2013 alleged sexual improprieties and threats of violence \u2013 that are by their nature, emotionally charged. The assessment considered the University\u2019s responses to allegations and concerns surrounding David Stachura, whether those responses were reasonable given the information available at the time and were consistent with the policies and procedures governing them. The scope of the assessment did not include, and the investigator did not consider: 1) the appropriateness of Dr. Stachura\u2019s actions or communications with his colleagues, 2) his colleagues\u2019 responses to Dr. Stachura and his continued presence on campus, or 3) the overall effectiveness of the procedures or policies in place to address the situation presented by Dr. Stachura\u2019s actions or communications. That having been said, based on factual findings established by a preponderance of the evidence, the investigation finds: \u2022 The December 2020 informal resolution of the 1096 findings was reasonable under the circumstances; \u2022 The University responded appropriately in August 2021 when it learned of the threat allegations raised by Dr. Stachura\u2019s estranged wife; \u2022 It was reasonable for the University to decide the concerns raised between January and June 2022 did not call for discipline; \u2022 The University acted consistently with policy by not notifying the Chico State community of Stachura\u2019s alleged threats of violence; \u2022 The University followed the appropriate processes in the decision to promote Dr. Stachura with respect to consideration of 1) the 1096 findings and 2) the alleged threats of violence. 20", "8888_102.pdf": "Chico State biology professor parts ways with university It was not immediately clear Thursday if David Stachura was fired or had resigned 15, 2024 1 2/22/25, 5:26 Chico State biology professor parts ways with university \| EdSource 1/5 David Stachura Embattled Chico State biology professor David Stachura is no longer employed by the university, a spokesperson said in a two-sentence statement issued Thursday. The spokesperson, Andrew Staples, would not say if Stachura, who had been on paid suspension for more than a year, was fired or resigned. He was the subject of two investigations that were nearing conclusions. One was on appeal to the chancellor\u2019s office and the other was scheduled for mediation in April. Reached later by phone, Staples cited personnel privacy laws in declining further comment. Stachura\u2019s lawyer, Kasra Parsad, did not return messages Thursday. The end of Stachura\u2019s tenure at Chico State comes after a contentious court case to ban him from the campus and a failed libel suit he brought against a colleague. 2/22/25, 5:26 Chico State biology professor parts ways with university \| EdSource 2/5 EdSource reported in December 2022 that an investigation found that Stachura had an inappropriate relationship with a student that included sex in his office in 2020 that could be heard through the walls, causing colleagues to report him. Stachura has repeatedly denied the affair. He received only light punishment for the affair and within months was named the university\u2019s \u201cOutstanding Professor\u201d of the 2020-21 academic year. The award was rescinded after EdSource reported on it. Stachura\u2019s estranged wife later filed court papers in their ongoing divorce case alleging that he had threatened to shoot the professors who reported him and cooperated in the university\u2019s investigation. Stachura was a tenured biology professor and was considered an expert in the use of zebra fish for medical research member of the biology department expressed relief Thursday that Stachura is no longer on the faculty. \u201cIt\u2019s about time,\u201d Gordon Wolfe, a semi-retired biology professor, said. The biology department, he said, \u201cis no longer dysfunctional. People are happy again.\u201d Wolfe had reported to the university the allegations that Stachura\u2019s wife made in court filings university investigation of the threats found that Stachura was not a danger, and he was allowed to keep working. The university\u2019s police chief, who was a member of a panel that probed the matter, later testified that he disagreed with that finding. In November, a report by a San Diego lawyer hired to investigate how Chico State handled the Stachura matter revealed that former campus President Gayle Hutchinson knew about the affair with the student and the alleged threat to shoot colleagues when she approved his promotion to full professor. She retired last year. The report found that the university violated no existing procedures in how it handled the Stachura matters, including not informing faculty and students that 2/22/25, 5:26 Chico State biology professor parts ways with university \| EdSource 3/5 Stachura allegedly threatened gun violence on campus. The saga did get the attention of state lawmakers. An Assembly committee cited EdSource\u2019s reporting on Stachura multiple times in a report issued earlier this month that concluded that students and faculty members across the state don\u2019t trust how schools deal with matters of sexual misconduct as governed by Title of federal education law. The report\u2019s recommendations included forming a task force to examine whether \u201ca statewide office to provide guidance and to monitor the compliance of post secondary education institutions with sex discrimination laws\u201d can be formed and also having the leaders of the three systems issue annual compliance reports on sexual misconduct cases to lawmakers Fresno City College instructor placed on administrative leave following EdSource report 30, 2023 California State Auditor also finds Cal State failed to address some sexual harassment on campuses 18, 2023 2/22/25, 5:26 Chico State biology professor parts ways with university \| EdSource 4/5 CSU\u2019s Title Reckoning 5, 2022 436 14th St. Suite 310 Oakland 94612 Phone 510-433-0421 Fax 510-433-0422 [email protected] Privacy Policy 2025 RESERVED. Get daily updates on California education news We are committed to keeping you informed with the latest \u2014 always free, always independent. Sign up for our daily newsletter today to stay on top of education news. indicates required Subscribe Email Address * * 2/22/25, 5:26 Chico State biology professor parts ways with university \| EdSource 5/5", "8888_103.pdf": "Chico State professor resigned after findings of dishonesty, retaliation 5, 2024 1 2/22/25, 5:26 Chico State professor resigned after findings of dishonesty, retaliation \| EdSource 1/6 Chico State University. Credit: Jason Halley / Chico State Chico State University was about to fire former biology professor David Stachura for dishonesty, sexual harassment and retaliation when it agreed to withdraw the charges last month in exchange for his resignation in a deal that bans him from working again in the California State University system, documents obtained by EdSource show. In return for his resignation, Stachura dropped several appeals that were in process, including ones to the State Department of Civil Rights, the Division of Occupational Safety and Health and the California State University\u2019s Chancellor\u2019s Office, documents show. Stachura\u2019s lawyer, Kasra Parsad of Santa Rosa, did not respond to messages on Tuesday. Chico State began investigating Stachura anew last year after EdSource reported in December 2022 that a previous investigation concluded in 2020 that he had an inappropriate affair with a student that included sex in his office and that 2/22/25, 5:26 Chico State professor resigned after findings of dishonesty, retaliation \| EdSource 2/6 court records showed he had allegedly threatened to kill two professors who cooperated in the university\u2019s probe of the matter. The newly released records, obtained under the state Public Records Act, show that the university found in the two separate investigations that Stachura was untruthful about his affair with the student and that he retaliated against two professors who cooperated in the investigation of that matter. Documents described his court testimony last year when the university sought and won a workplace violence restraining order against Stachura as inconsistent with other statements about his relationship with the student. There were \u201cnumerous important inconsistent or misleading statements by Dr. Stachura throughout the evidence,\u201d according to a report. \u201cGiven Dr. Stachura\u2019s inconsistent answers, it is clear that Dr. Stachura is altering his statements regarding his relationship with (the student) to suit his needs at any given moment,\u201d Scott Lynch, the university\u2019s director of labor relations wrote in an Aug. 24, 2023, report separate investigation found Stachura retaliated against two professors who cooperated in the sex investigation. Title investigator Gloria Godinez wrote in a 45-page report dated Aug. 24, 2023, that a witness said Stachura said the two professors were \u201cgoing against him,\u201d that he referred to them as \u201cf\u2014\u2014 bitches,\u201d said he \u201chated\u201d them, and \u201coften ranted about the investigation.\u201d The professors described Stachura as often glaring at them, blasting loud music they could hear through office walls, and going against their positions in meetings. Another witness told the investigator Stachura talked \u201cabout being a troll, an annoyance.\u201d \u201cStachura took every opportunity he could to discredit\u201d the professors, Godinez wrote. 2/22/25, 5:26 Chico State professor resigned after findings of dishonesty, retaliation \| EdSource 3/6 The settlement agreement between Stachura and Chico State also shows the university dropped a court claim that Stachura owed it more than $64,000 in legal fees for the defense of a biology lecturer that Stachura sued for libel last year judge threw out the suit last year and ruled that Stachura was responsible for legal fees. \u201cThe university will not enforce the judgment,\u201d the settlement states. The workplace violence restraining order that a Butte County Superior Court judge issued last year that bans Stachura from the university for three years will remain in place. Stachura has appealed the order to the state 3rd District Court of Appeal in Sacramento. No date for oral arguments has been set, according to court records. The parties agreed to abide by whatever decision the appeals court issues. The university will also remove 5,466 pages of investigative and disciplinary documents from Stachura\u2019s personnel files and will respond to any reference or employment-check requests by only providing his dates of employment, salary and job title. \u201cChico State entered into this settlement agreement only after careful consideration and in consultation with the CSU,\u201d a spokesman, Andrew Staples, wrote in an email Tuesday. \u201cThis settlement puts an immediate end to what has been a lengthy personnel matter and is the best path forward for the university and our campus community.\u201d The agreements also make it clear that Stachura will not teach in the 23-campus system again. Stachura agreed \u201cto never apply for or accept employment with any campuses of the California State University or their auxiliary organizations,\u201d the document states. \u201cIf the university or its auxiliary organizations inadvertently offer Stachura a position, (or) Stachura breaches this agreement by accepting a position with the university or its auxiliary organizations Stachura shall be terminated 2/22/25, 5:26 Chico State professor resigned after findings of dishonesty, retaliation \| EdSource 4/6 Fresno City College instructor placed on administrative leave following EdSource report 30, 2023 California State Auditor also finds Cal State failed to address some sexual harassment on campuses 18, 2023 CSU\u2019s Title Reckoning 5, 2022 Get daily updates on California education news We are committed to keeping you informed with the latest \u2014 always free, always independent. Sign up for our daily newsletter today to stay on top of education news. 2/22/25, 5:26 Chico State professor resigned after findings of dishonesty, retaliation \| EdSource 5/6 3rd Place \u2013 Investigative Reporting 436 14th St. Suite 310 Oakland 94612 Phone 510-433-0421 Fax 510-433-0422 [email protected] Privacy Policy 2025 RESERVED. indicates required Subscribe Email Address * * 2/22/25, 5:26 Chico State professor resigned after findings of dishonesty, retaliation \| EdSource 6/6", "8888_104.pdf": "Restraining order in Chico State threat case 'warranted, necessary and justified,' judge rules North State Public Radio \| By Thomas Peele, EdSource Published September 3, 2023 at 11:56 EdSource David Stauchra Suspended Chico State biology professor David Stachura \u201cmade a credible threat of violence\u201d against two colleagues who cooperated in an investigation that found he had a sexual affair with a student, a judge found in a tentative ruling released Friday that orders him to stay off campus for three years. Protection of \u201cthe entire Chico State community is warranted given the nature of the threats and the events that have transpired,\u201d Judge Virginia Gingery wrote in a 13-page decision that, when made final, will grant the university a workplace violence restraining order against Stachura, who witnesses said threatened a mass shooting on campus. In addition to professors Emily Fleming and Kristen Gorman, Gingery also extended protection to biology lecturer Betsey Tamietti, graduate student Jackelin Villalobos and Donate World News 2/22/25, 5:26 Restraining order in Chico State threat case 'warranted, necessary and justified,' judge rules 1/14 members of Fleming\u2019s and Tamietti\u2019s families. The judge also banned Stachura from owning firearms for three years. Stachura\u2019s arguments against the order were \u201cunavailing,\u201d Gingery wrote, including his claims that Chico State sought the order based only in reaction to news stories about the threats. The restraining order is \u201cwarranted, necessary and justified based on (Stachura\u2019s)\u201d conduct the judge wrote. Orders first identified as tentative such as the one Gingery released Friday are all but certain to be made final under California court rules. The Butte County Superior Court\u2019s website did not list a hearing date Friday where that would happen. Stachuara\u2019s lawyer, Kasra Parsad, did not immediately respond to a request for comment. Neither did Chico State officials. Parsad told the judge during a hearing in July that if the restraining order were granted it would likely destroy Stachura\u2019s academic career. He is an expert in fish biology, specializing in zebrafish and stem-cell research. The ruling comes following a two-part hearing that began in April as part of the fallout of revelations made public last year that Stachura had a prohibited sexual affair with a student in 2020 and allegedly threatened to kill the professors who cooperated in a university investigation of the matter. EdSource reported on Dec. 8 that the investigation found that Stachura and the student had sex in his office that could be heard through the walls. Stachura agreed to a settlement of the matter that included suspension without pay for a third of the 2021 spring semester. He has repeatedly denied the 2020 affair but has admitted he is currently romantically involved with the now-former student. The revelations roiled the 13,000-student campus in the northern Sierra foothills, resulting in several mass meetings and calls for Stachura\u2019s removal. Provost Debra Larson, who signed off on the settlement in the sex case, resigned within days. The school also revoked an \u201coutstanding professor\u201d award it gave Stachura for the 2020-21 academic year World News 2/22/25, 5:26 Restraining order in Chico State threat case 'warranted, necessary and justified,' judge rules 2/14 But it was the gun threats \u2014 at a time when the country is plagued with mass shootings in schools and elsewhere \u2014 that caused both students and faculty to express deep fears. As the sex investigation unfolded in 2020, Stachura allegedly told his estranged wife, Miranda King, that he\u2019d bought weapons and ammunition \u2014 including hollow-point bullets, with the intention of killing Fleming and Gorman. King revealed the alleged threats in an application for a domestic violence restraining order in the midst of a deeply contentious divorce. King\u2019s lawyer alerted Fleming and Gorman biology lecturer, Tamietti, revealed that Stachura allegedly spoke to her about committing gun violence in the biology department. At a Dec. 12 campuswide meeting, Tamietti quoted Stachura as telling her, \u201cIf wanted you guys dead, you\u2019d be dead am a doer. If do go on a shooting spree, maybe I\u2019ll pass your office am not sure.\u201d Stachura, in both the divorce case and the current case, has claimed he told King that he had a nightmare about killing his colleagues and had no intention of acting violently. He has repeatedly said Tamietti is lying because he ended a friendship with her when she didn\u2019t support him after King revealed the alleged threats. Stachura sued both King and Tamietti for libel. But the case against Tamietti was dismissed when another judge ruled in June that her statement at the meeting was a matter of public interest. Court records show Stachura dropped his suit against King last month. Their divorce case remains ongoing. Gorman, Fleming, Tamietti and Villalobos all testified of a deep fear of Stachura. Stachura testified twice. Much of his testimony centered on Tamietti, with whom he said he had \u201ca really weird relationship.\u201d He testified that after the date she claimed he threatened a shooting in the biology department in November 2021, she continued to email and text him even after he sent her \u201ca dear John email\u201d ending their friendship. Her contacts with him, he claimed, showed the threat was fabricated World News 2/22/25, 5:26 Restraining order in Chico State threat case 'warranted, necessary and justified,' judge rules 3/14 But Tamietti testified in July that she felt safer by staying in communication with Stachura, a point Deputy Attorney General Shanna McDaniel reiterated in her closing statement. Stachura\u2019s lawyer said the women named in the restraining order are \u201cafraid of (Stachura) based on some article don\u2019t believe that for the last three years, they have been terrified of him.\u201d Parsad also told Gingery that a three-year order restraining him from stepping foot on campus would ruin Stachura\u2019s career. \u201cHe has worked very hard in his career, and don\u2019t think any university would hire him (with a workplace violence restraining order) on his record.\u201d It was not immediately clear Friday what action the university will now take. Court records show it opened another investigation of Stachura in March that focuses, in part, on whether he was dishonest during the investigation of his affair with the then-student. Gingery seemed to key on Stachura\u2019s repeated denials of the affair as undermining his credibility. She noted that in testimony, he had even claimed the investigation of the affair \u201ccame back negative\u201d despite the fact that an investigator found the affair occurred and Stachura entered into a settlement with the university that resulted in his pay being temporarily reduced as discipline. Michael Weber of the Chico Enterprise-Record contributed to this story. To get more reports like this one, click here to sign up for EdSource\u2019s no-cost daily email on latest developments in education. Tags News CSU's Title Reckoning Education Chico State State Government World News 2/22/25, 5:26 Restraining order in Chico State threat case 'warranted, necessary and justified,' judge rules 4/14 Thomas Peele Thomas Peele is an investigative reporter at EdSource. He is a Pulitzer Prize winning investigative reporter. See stories by Thomas Peele EdSource EdSource believes that access to a quality education is an important right of all children. We further believe that an informed, involved public is necessary to strengthen California\u2019s schools for the benefit of the state\u2019s children, its civic life, and its economy. See stories by EdSource Battle royal draws hundreds of pro wrestling fans to Oroville Inspire hopes to break ground soon on permanent campus North State schools could lose funding after Republican lawmakers fail to pass rural school bill New Public Health Officer seeks to inform and engage Butte County More News World News 2/22/25, 5:26 Restraining order in Chico State threat case 'warranted, necessary and justified,' judge rules 5/14 Shasta Scout reporter on recent death in county jail Sarina Grossi: NSPR\u2019s new Morning Edition anchor Exhibit aims to expand ideas of Asian American art in the North State Bird art exhibit takes over World News 2/22/25, 5:26 Restraining order in Chico State threat case 'warranted, necessary and justified,' judge rules 6/14 World News 2/22/25, 5:26 Restraining order in Chico State threat case 'warranted, necessary and justified,' judge rules 7/14 World News 2/22/25, 5:26 Restraining order in Chico State threat case 'warranted, necessary and justified,' judge rules 8/14 World News 2/22/25, 5:26 Restraining order in Chico State threat case 'warranted, necessary and justified,' judge rules 9/14 World News 2/22/25, 5:26 Restraining order in Chico State threat case 'warranted, necessary and justified,' judge rules 10/14 World News 2/22/25, 5:26 Restraining order in Chico State threat case 'warranted, necessary and justified,' judge rules 11/14 World News 2/22/25, 5:26 Restraining order in Chico State threat case 'warranted, necessary and justified,' judge rules 12/14 \u00a9 2021 About Us World News 2/22/25, 5:26 Restraining order in Chico State threat case 'warranted, necessary and justified,' judge rules 13/14 Privacy Policy Contact Us: 530-898-5896 Find World News 2/22/25, 5:26 Restraining order in Chico State threat case 'warranted, necessary and justified,' judge rules 14/14", "8888_105.pdf": "\uf060 \uf044 \uf02f \uf1c1 The Orion \u2022 March 13, 2024 \u2022 resigns/ Biology professor David Stachura resigns After being on paid leave since Dec. 9, 2023, biology professor David Stachura resigned on Feb. 14 Shane Aweeka, Reporter Last month, documents obtained from EdSource revealed that an agreement was reached between Chico State and biology professor David Stachura. The university was preparing to fire Stachura for dishonesty, sexual harassment and retaliation. Stachura will drop appeals with the State Department of Civil Rights, the Division of Occupational Safety and Health and the California State University\u2019s Chancellor\u2019s Office. The resignation agreement bars him from future employment with the California State University system 2020 investigation found Stachura violated Chico State\u2019s sexual conduct policy by engaging in sexual relations with a graduate student. After reaching a settlement with the university \u2014 which kept the investigation out of his personal file \u2014 Stachura was able to reapply for and receive tenure and the 2020-2021 \u201cOutstanding Professor\u201d award. Chico State political science student Ava Fuentes said by granting him tenure and the award, the university effectively condoned his inappropriate behavior. In June 2021, Stachura\u2019s estranged wife Miranda King, in seeking a restraining order, alleged that Stachura had purchased firearms and ammunition intending to retaliate against his testifying colleagues. According to members of the biological sciences faculty, Stachura threatened them directly for their cooperation in the investigation. Stachura denied all allegations of violence. Chico State put Stachura on paid administrative leave while they investigated the threat allegations. Chico State hired a third party to investigate the threat Stachura posed to the campus community. The third party found that due to the inconsistencies in Stachura\u2019s stories, and the synchronicity of witness testimonies, \u201c\u2026 it may be appropriate to conclude that [Stachura] does pose an unacceptable risk of violence to the workplace.\u201d Stachura was allowed to return to work shortly after the report filing. Chico State, David Stachura. Photo credit Chico State \uf060 Following an uproar from the Chico State community after EdSource\u2019s report that detailed the university\u2019s \u201clight\u201d punishment of Stachura\u2019s threats toward staff members, Chico State suspended Stachura. Chico State economics student Tommy Hubbard echoed Fuentes by emphasizing the events that unfolded after the initial sexual misconduct violations could have been prevented earlier if the initial Title lX violation had been \u201cadequately\u201d addressed by the university. \u201cSettling cases doesn\u2019t erase the damage done,\u201d Hubbard said. \u201d Accountability with real consequences is needed to restore trust among our administrators.\u201d In September 2023, Stachura was barred from entering campus via a workplace violence restraining order granted by the Butte County Superior Court. Stachura has appealed the order to the 3rd District Court of Appeal in Sacramento. According to the resignation agreement, both parties will abide by whatever decision the appeals court issues. Former Stachura colleague and biological sciences professor David Keller said however that \u201cfor some people, this is not over \u2026 [Stachura] told his wife he had a long memory,\u201d indicating that his colleagues still felt the threat of violence. Chico State Public Relations manager Andrew Staples declined to comment whether the university would take further precautionary measures pending the outcome of Stachura\u2019s appeal. Through the Cozen O\u2019Connor report and implementation team, Chico State has revamped its capacity to address future Title lX violations. As Keller pointed out, Title lX encourages individuals to report wrongful behavior, yet when the alleged perpetrator retaliates, there is no further protection. This event has garnered the attention of state lawmakers who, in a report earlier this year, found that students and faculty do not trust institutional dealings with sexual misconduct matters governed by Title lX federal education law. These lawmakers recommended that a state-level task force be formed to ensure proper handling of these matters. When asked if Chico State would support oversight from a state-level task force, Staples iterated Chico State\u2019s openness \u201cto all ideas, funding and thoughts for making a safer community for everyone.\u201d Keller believes the University has done all it can at this point. Stachura\u2019s lawyer, Kasra Parsad, has not responded to requests for comment. Shane Aweeka can be reached at [email protected].", "8888_106.pdf": "photograph of former CSU, Chico Biology Professor David Stachura. (Courtesy: Chico State) Chico State dismisses professor accused of threats, alleged student affair by Adam Robinson, Jason Turk Thu, February 15th 2024 at 7:40 2/22/25, 5:27 Chico State dismisses professor accused of threats, alleged student affair 1/4 CHICO, Calif professor at Chico State, who allegedly threatened to kill his coworkers, no longer works for the university. California State University, Chico has confirmed with the Northstate's News that former Biology Professor David Stachura is no longer employed with the University as of Wednesday, Feb. 14. An investigation was launched against the then-Chico State professor after allegations were released in a report from EdSource regarding a sexual relationship with a student in 2020 and threats made to staff members - California State University, Chico in Butte County, California. (KRCR) University officials say Stachura was placed on leave in 2022 and, last year, the campus filed a restraining order against him. Other than confirming employment status, the University says they do not discuss the specifics of personnel matters 2/22/25, 5:27 Chico State dismisses professor accused of threats, alleged student affair 2/4 To report errors or issues with this article please email the editorial team Mother accused of abandoning children for years held on $250 million bond Redding chainsaw theft investigation leads to arrest, drug and weapon charges Redding man arrested for sexual crimes against minor after investigation by Taboola War Thunder Join new Free to Play War Thunder Play Now Crossout Crossout 2.0: Supercharged Play Now 2/22/25, 5:27 Chico State dismisses professor accused of threats, alleged student affair 3/4 Loading ... Techno Mag All Channels for Only $49 (Buy Now) AdChoices Sponsored 2/22/25, 5:27 Chico State dismisses professor accused of threats, alleged student affair 4/4", "8888_107.pdf": "Judge throws out libel claim against Chico State lecturer brought by embattled professor North State Public Radio \| By Thomas Peele, EdSource Published July 31, 2023 at 2:18 Jason Halley / California State University, Chico California State University, Chico in Chico, Calif state Superior Court judge in Butte County has thrown out a libel suit suspended Chico State Professor David Stachura brought against a colleague who revealed at a public forum in December that Stachura allegedly threatened gun violence on campus. Judge Stephen E. Bensen ruled that biology lecturer Betsey Tamietti\u2019s revelations \u201cwere a matter of public interest\u201d in a tentative ruling he first issued late Tuesday and later made final. Tamietti said at a Dec. 12 campus-wide forum that Stachura told her in late 2021 that he might shoot up the biology department, saying \u2018\u201cIf wanted you guys dead, you\u2019d be dead am a doer. If do go on a shooting spree, maybe I\u2019ll pass your office am not sure.\u2019\u201d Donate World News 2/22/25, 5:27 Judge throws out libel claim against Chico State lecturer brought by embattled professor 1/12 Stachura has repeatedly claimed in legal papers and in testimony in a related restraining order case that Tamietti is lying and that he made no such threats. Stachura\u2019s attorney, Kasra Parsad did not respond to a message seeking comment on the ruling. \u201cAlthough sometimes determining whether speech is a matter of public interest can be nebulous, that is not the case here,\u201d Benson wrote in the ruling. \u201cObviously, matters concerning school safety are a public issue and have been a public issue for years. Clearly, this was a matter of public interest as far as those associated with (Chico State) were concerned.\u201d The ruling does not affect Stachuta\u2019s estranged wife, Miranda King, who he has also sued for libel. King wrote in an application for a domestic violence restraining order in 2021 in the midst of the couple\u2019s ongoing divorce that Stachura told her he had bought weapons and ammunition in 2020 with the intention of killing two colleagues who cooperated in a campus investigation that found he had a prohibited sexual affair with a student. Stachura contends King \u2013 who made the statements to a judge in writing under the penalty of perjury \u2013 is lying. In a court filing King\u2019s lawyer, Michael J. Farley wrote that King did not libel Stachura because her statements were true, that they were made in the defense of others, and were protected speech under the First Amendment and other legal grounds. Farley did not respond to a message. \u201cThe University is pleased the court found the lawsuit against Betsey Tamietti to be without merit,\u201d Chico State spokesman Andrew Staples said. \u201cShe, along with other employees involved in this matter who have shared their experiences, continues to have our support.\u201d Stachura was suspended indefinitely after EdSource reported in December that he allegedly threatened to kill the two colleagues who cooperated in the investigation of his affair with the student. He denied the affair. When the matter became public, it roiled the campus of 13,000, with faculty and students blasting the university\u2019s decision to keep the security threat secret. Provost Debra Larson, who approved light punishment World News 2/22/25, 5:27 Judge throws out libel claim against Chico State lecturer brought by embattled professor 2/12 of Stachura for the affair, resigned. Students and faculty have demanded increased security and other changes. Documents filed by Tamietti\u2019s lawyers in the libel case show the university began a new personnel investigation in March into whether Stachura \u201cengaged in dishonesty\u201d during the previous of investigation of his affair with the student, as well as sexual harassment and retaliation against the professors who cooperated in to the 2020 investigation different judge is expected to rule in the workplace violence restraining order case no later than early October. Tags News Chico, California Chico State Education Thomas Peele Thomas Peele is an investigative reporter at EdSource. He is a Pulitzer Prize winning investigative reporter. See stories by Thomas Peele EdSource EdSource believes that access to a quality education is an important right of all children. We further believe that an informed, involved public is necessary to strengthen California\u2019s schools for the benefit of the state\u2019s children, its civic life, and its economy. See stories by EdSource More News World News 2/22/25, 5:27 Judge throws out libel claim against Chico State lecturer brought by embattled professor 3/12 Battle royal draws hundreds of pro wrestling fans to Oroville Inspire hopes to break ground soon on permanent campus North State schools could lose funding after Republican lawmakers fail to pass rural school bill New Public Health Officer seeks to inform and engage Butte County Shasta Scout reporter on recent death in county jail Sarina Grossi: NSPR\u2019s new Morning Edition anchor Exhibit aims to expand ideas of Asian American art in the North State Bird art exhibit takes over World News 2/22/25, 5:27 Judge throws out libel claim against Chico State lecturer brought by embattled professor 4/12 World News 2/22/25, 5:27 Judge throws out libel claim against Chico State lecturer brought by embattled professor 5/12 World News 2/22/25, 5:27 Judge throws out libel claim against Chico State lecturer brought by embattled professor 6/12 World News 2/22/25, 5:27 Judge throws out libel claim against Chico State lecturer brought by embattled professor 7/12 World News 2/22/25, 5:27 Judge throws out libel claim against Chico State lecturer brought by embattled professor 8/12 World News 2/22/25, 5:27 Judge throws out libel claim against Chico State lecturer brought by embattled professor 9/12 World News 2/22/25, 5:27 Judge throws out libel claim against Chico State lecturer brought by embattled professor 10/12 \u00a9 2021 About Us World News 2/22/25, 5:27 Judge throws out libel claim against Chico State lecturer brought by embattled professor 11/12 Privacy Policy Contact Us: 530-898-5896 Find World News 2/22/25, 5:27 Judge throws out libel claim against Chico State lecturer brought by embattled professor 12/12"}
7,326	Robert Todd	Emerson College	[ "7326_101.pdf", "7326_102.pdf", "7326_103.pdf", "7326_104.pdf", "7326_105.pdf", "7326_106.pdf" ]	{"7326_101.pdf": "Emerson Professor Found Dead Had Been Suspended For Sexual Harassment September 05, 2018 By Maria Garcia This article is more than 6 years old. The Emerson professor and filmmaker who was found dead in a park this summer had been suspended without pay for the fall semester for sexual harassment, according to a statement the college sent to staff and also posted on its website Tuesday. Robert Todd, a 54-year-old influential filmmaker who had served as the associate chair of the school\u2019s Department of Visual and Media Arts, had been reported missing on Aug. 16. Emerson president Lee Pelton announced his death a couple of days later. Todd\u2019s body was discovered at Franklin Park in Jamaica Plain. The cause of death has not been released. In a rare statement of this nature, Pelton wrote to staff saying that he wished to clarify the spread of \u201cmisleading and false statements \u2026 with the sad patina of truth.\u201d Pelton wrote that after a months-long independent investigation that began in December 2017 when an Emerson staff member came forward with a complaint, \u201cProfessor Todd was found responsible for engaging in sexual harassment.\" Emerson had notified Todd that he\u2019d be suspended without pay for the fall 2018 semester, according to Pelton. 2/22/25, 5:29 Emerson Professor Found Dead Had Been Suspended For Sexual Harassment News 1/2 The college also required Todd to work with a professional coach to \u201chelp him understand the impact of his behaviors as well as to ensure that they would not occur in the future,\u201d the statement read. During the investigation, which was conducted by an outside investigator, Emerson received additional information about Todd that could have constituted a violation of the school\u2019s Sexual Misconduct Policy. According to Pelton, Emerson interviewed those involved and found \u201cinsufficient evidence\u201d to support the additional claims. When Pelton announced Todd\u2019s death in August, the president offered condolences to Todd's students, colleagues, family and wife \u2014 Tessa Day, a fellow artist, writer and a graduate student at Emerson. In the most recent statement, Pelton said the college sought, in the immediate aftermath, to provide space and time to those mourning Todd\u2019s death. He stressed the anomalous circumstances that led him to address rumors surrounding it. \"While the college typically does not release such information, these extraordinary circumstances, the very public nature of Professor Todd\u2019s death, the promulgations of falsehoods, and the continuing circulation of rumors and speculations, compelled me to speak to you today in order to provide an accurate and true accounting.\" Maria Garcia Managing Editor Maria Garcia was WBUR's Managing Editor and the creator of \"Anything for Selena.\" More\u2026 2/22/25, 5:29 Emerson Professor Found Dead Had Been Suspended For Sexual Harassment News 2/2", "7326_102.pdf": "The Berkeley Beacon \u2022 September 6, 2018 \u2022 confirmed-amid-controversy/ Professor\u2019s cause of death confirmed amid controversy By Chris Van Buskirk, Former Editor-in- Chief The death of visual and media arts associate Professor Robert Todd has been confirmed as a suicide, according to The Office of the Chief Medical Examiner of Boston. President M. Lee Pelton announced the associate professor was found responsible for sexual harassment while addressing faculty at the Faculty Institute on Sept. 4 months-long investigation by the Title Office that ended before his death resulted in Todd\u2019s suspension without pay for the Fall 2018 semester. Todd, 54, was last seen in Jamaica Plain on Aug. 16. Pelton announced Todd\u2019s passing in an email to the Emerson community two days later. \u201cRobert brought extraordinary talents, incredible vision, and outstanding dedication to his art, and to his teaching,\u201d Pelton wrote. \u201cHe inspired filmmakers of all ages at Emerson, giving generously of his time and energy to his fellow artists over the years.\u201d Todd taught courses ranging from intro level analog film production through practicum classes. Before starting as faculty, Todd began as a staff member working in post-production. Pelton said the college first received a complaint from an Emerson staff member in December 2017 alleging that Todd engaged in \u201cmultiple, concatenated behaviors\u201d that might have violated the College\u2019s Sexual Misconduct Policy. Todd was required to work with a professional coach \u201cto help him understand the impact of his behaviors, as well as to ensure that they would not occur in the future,\u201d Pelton wrote in the statement he gave to faculty on Tuesday at the Faculty Institute. While the College typically does not release such information, Pelton said the extraordinary circumstances and the continuing \u201ccirculation of rumors and speculations\u201d compelled him to share. During the investigation, the Title Office and Chair Brooke Knight received additional claims of \u201cinappropriate behavior\u201d committed by Todd. Pelton said each report was investigated, but there was insufficient evidence to support the additional claims. Pelton said the staff member who reported the sexual harassment against Todd found support at the Healing and Advocacy Collective, formerly known as Violence Prevention and Response. archive \u201cWe continue to support the member of our community who came forward,\u201d Pelton wrote. \u201cWe wish to make it very clear that the College will never tolerate sexual misconduct or sexual harassment, and will act decisively should findings of either arise.\u201d If you or someone you know needs support, please contact Emerson Counseling and Psychological services at 617-824-8595 or National Suicide Prevention Lifeline at 1-800-273-8255.", "7326_103.pdf": "Hamas begins release of six Israeli hostages -- including 2 held for a decade Professor found dead had been suspended for sexual harassment By Joshua Rhett Miller Published Sep. 5, 2018 Updated Sep. 5, 2018, 10:47 a.m Tattooed music buff, 38, confirms she's the mother of rock star... Sean 'Diddy' Combs' lawyer quits sex- trafficking case:\u2026 Influe Musk suit, s News Metro Long Island Politics World News Thank you for visiting. By continuing, you agree to our Terms of Use and Privacy Notice. 2/22/25, 5:29 Professor found dead had been suspended for sexual harassment 1/8 professor at Emerson College who was found dead in a park last month had been suspended without pay for sexual harassment after a lengthy investigation, university officials announced Tuesday. Robert Todd, 54, a filmmaker who worked as the associate chair of Emerson\u2019s Department of Visual & Media Arts, was reported missing on Aug. 16. The college\u2019s president, Lee Pelton, confirmed his Robert Todd Robert Todd Films Ryan Reynolds\u2019 Justin Baldoni joke at 50\u2032 anniversary special \u2018was his idea,\u2019 famed cue card guy claims: \u2018He pitched that\u2019 Blake Lively claims Justin Baldoni made other women \u2018uncomfortable\u2019 on \u2018It Ends With Us\u2019 set Guy Pearce claims \u2018aggressive\u2019 Kevin Spacey \u2018targeted\u2019 him on Confidential\u2019 set 2/22/25, 5:29 Professor found dead had been suspended for sexual harassment 2/8 death days later, noting his \u201cextraordinary talents, incredible vision and outstanding dedication\u201d to both his art and teaching. Todd, who worked at the college for more than 18 years, was last seen entering Franklin Park in Boston\u2019s Jamaica Plain neighborhood, where his body was later found, according to the Boston Globe cause of death has not been released reports. But inaccurate statements surrounding the circumstances of Todd\u2019s death \u201chave been promulgated with the sad patina of truth,\u201d Pelton told faculty members in remarks that were also posted on the college\u2019s website. \u201cThese assertions, in particular, have alarmed and disappointed me as a member of an academic community devoted to critical thinking, sound judgment, and discernment,\u201d Pelton said. \u201cWhile understand the very human and innate impulse to construct meaning out of uncommon human events, it is difficult for me to understand the impulse to assert and facilitate unsubstantiated hearsay or rumors without direct or corroborating knowledge.\u201d As such, Pelton said he wanted to \u201cshed clarifying light\u201d on the actions Emerson College took prior to Todd\u2019s death. Todd had been suspended without pay for the fall 2018 semester after a \u201cmonths-long\u201d probe found he had engaged in sexual harassment, Pelton said. An Emerson staff member alleged in December 2017 that Todd engaged in multiple, linked incidents that violated the college\u2019s sexual misconduct policy. 00:00 04:00 Before you go ... 2/22/25, 5:29 Professor found dead had been suspended for sexual harassment 3/8 In addition to being suspended for the fall semester, Todd was required to work with a professional coach to \u201chelp him understand the impact of his behaviors,\u201d as well to prevent repeat occurrences, Pelton said. Additional third-party reports about Todd were also received by Emerson officials, but there was \u201cinsufficient evidence\u201d to support those claims, Pelton said. \u201cWhile the college typically does not release such information, these extraordinary circumstances, the very public nature of Professor Todd\u2019s death, the promulgations of falsehoods, and the continuing circulation of rumors and speculations, compelled me to speak to you today in order to provide an accurate and true accounting,\u201d Pelton continued. Todd, according to his website, had produced dozens of short films dating back to 1993. The \u201clyrical filmmaker\u201d also worked as a sound and visual artist whose works routinely defied categorization, according to his Vimeo page service for Todd will be held on Sept. 22 in Ashby, Massachusetts , 9/5/18 Cancer survivor killed by stray bullet hours after move to Neurofilament Light as a Biomarker in Mouse Models to Advance Research in\u2026 All-Inclusive Mexico Vacation Packages - Plan Your Getaway Now Before you go ... 2/22/25, 5:29 Professor found dead had been suspended for sexual harassment 4/8 Trump's Connection To His Would-Be Assassin's Family Is Revealed NYPost.com Kanye Shares Disturbing Message After His Split From Censori NYPost.com Actor Peter Jason Dead At 80 Decider.com Taylor Swift Breakup Plan Leak 'Blindsided' Travis Kelce Thenerdstash.com GenomeWeb Mexico Vacation \| Search Ads Mexico Vacation Before you go ... 2/22/25, 5:29 Professor found dead had been suspended for sexual harassment 5/8 Fans Rally Around Al Roker After He Shares Sad News NBC.com Anchor Kaitlan Collins Showed Off Her Killer Legs NickiSwift.com Here's How Stephen Hawking Said The World Will End Grunge.com Lauren Boebert Showed Off Her Killer Legs & We're Stunned NickiSwift.com Powered by ZergNet Jenny Slate allegedly filed complaint while filming 'It Ends With Us' due to 'uncomfortable' interaction: report Before you go ... 2/22/25, 5:29 Professor found dead had been suspended for sexual harassment 6/8 \u2018Mufasa: The Lion King\u2019 Comes to Digital, But When Will the \u2018Mufasa\u2019 Movie Be Body of Shiri Bibas ID'd as Israeli officials say she was murdered in Hamas captivity with two sons: report Before you go ... 2/22/25, 5:29 Professor found dead had been suspended for sexual harassment 7/8 \u00a9 2025 Holdings, Inc. All Rights Reserved Terms of Use Membership Terms Privacy Notice Sitemap Your California Privacy Rights Before you go ... 2/22/25, 5:29 Professor found dead had been suspended for sexual harassment 8/8", "7326_104.pdf": "Emerson film professor commits suicide, then a sexual assault allegation surfaces. How students and family are handling the ordeal December 10, 2018 \u2022 Add Comment \u2022 by News Service Type here to search... \uf002 \uf09a \uf099 \uf16d \uf1be \uf16a Boston University News Service \| bunewsservice.com Home \uf107 News \uf107 Arts \uf107 Science \uf107 Sports \uf107 In-Depth & Data Opinion Photo and Video Podcasts \uf107 About Us \uf002 2/22/25, 5:30 Emerson film professor commits suicide, then a sexual assault allegation surfaces. How students and family are handling the ordeal\u2026 1/11 By Susannah Sudborough News Service On August 18, Emerson College announced that a film professor, Robert Todd, had passed away. According to multiple alumni, rumors that his cause of death was a suicide spread, as his family made allusions to the nature of his death on his Facebook page and announced their participation in a walk to support suicide prevention in conjunction with his death. Todd\u2019s family told News Service that they believe his death to be a suicide. Two weeks after Todd was found dead, Emerson publicly revealed that he had been subject to a months-long Title investigation for sexual harassment. In remarks to the Faculty Institute on Sept. 4, Emerson\u2019s President Lee Pelton specified that Todd had been found guilty of sexual harassment under the college\u2019s Sexual Misconduct Policy. Because of this, he had been suspended without pay for the Fall 2018 semester and was required to see a counselor to prevent further incidents and understand the impact of his actions. Pelton also said that Emerson released information about the disciplinary actions taken against Todd because \u201cmisleading and false\u201d information had disseminated among the Emerson community. He said that in releasing the information, he intended to be transparent and dispel rumors. Robert Todd in an undated photo. Photo Robert Todd in an undated photo. Photo courtesy of the Todd Family Gallery. courtesy of the Todd Family Gallery. 2/22/25, 5:30 Emerson film professor commits suicide, then a sexual assault allegation surfaces. How students and family are handling the ordeal\u2026 2/11 Yet, students, alumni and others trying to contextualize the situation have complained that Emerson released too little information, and that it begs more questions than it answered. According to students and alumni, since releasing the news about Todd\u2019s Title investigation, Emerson has been noticeably quiet about what is an upsetting and important issue for them and other community members. Boston University News Service has spoken to both former students of Todd and his family over the course of two months. In interviews with News Service, alumni said they did not find out about Todd\u2019s death or his Title violation through Emerson, but found out second or third hand through friends who had heard the news, or from posts on social media. According to multiple current students and alumni, no meetings or information sessions have been held for students on campus. There has been no opportunity for anyone to ask questions of the college or anyone involved and there has been no opportunity for students to share and talk about their feelings about what has happened. Apart from a Facebook post on the Emerson alumni page that sparked heated debates over whether Todd should be remembered fondly or in disgrace, conversations about Todd and what the allegations against him mean are only occurring privately among former students and friends. What does the public know? In the remarks made to the Faculty Institute, President Pelton laid out this timeline: In December 2017, an Emerson staff member made a complaint to the college that Todd had engaged in \u201cmultiple, concatenated behaviors\u201d that may have violated the college\u2019s Sexual Misconduct Policy. The Title Office brought in an outside investigator who looked into the case for many months. Based on what the investigator found, the college found Todd guilty of sexual harassment under their Sexual Misconduct Policy. As a punishment, Todd was suspended without pay for the Fall 2018 semester and was required to see a counselor to \u201chelp him understand the impact of his behaviors, as well as ensure that they would not happen in the future.\u201d The remarks specify that Todd would have been able to appeal the decision. 2/22/25, 5:30 Emerson film professor commits suicide, then a sexual assault allegation surfaces. How students and family are handling the ordeal\u2026 3/11 Pelton also mentioned that during the Title investigation, the chair of the Visual Media Arts Department and the Title Office received \u201cadditional third-party reports\u201d of other incidents where Todd might have violated the college\u2019s Sexual Misconduct policy. But, upon investigation, the college deemed that there was \u201cinsufficient evidence\u201d to prove further Title violations. Todd was last seen entering Franklin Park in Jamaica Plain on Aug. 16. He was reported missing later that day. On Aug. 18, Todd was found dead in the park. On Sept. 4, Pelton spoke to the Faculty Institute about Todd\u2019s Title investigation and its findings, to address rumors surrounding Todd\u2019s death. Who was Robert Todd? According to members of his family, Todd was an experimental filmmaker, well-known and respected among the experimental film community. He was known for both abstract films, such as \u201cGems,\u201d and documentary films, such as \u201cIn Loving Memory: Testimonials of Death Row Inmates Regarding Life.\u201d His films were featured in film festivals around the country and the world. \u201cRob was first and foremost an artist,\u201d said Paul Lazo, a former student of Todd\u2019s. Todd was not a new or lesser-known member of the Emerson Community. He had been teaching at Emerson for 18 years and was a core part of the college\u2019s renowned film program. \u201cHe was film guy,\u201d said Jim Dandee, a former professor in the Emerson Visual Media Arts department. \u201cHe had a lot of sway in the program.\u201d Todd was also very well liked. Many alumni and current students have expressed deep feelings of affection toward Todd over social media and in interviews. Many also described him as an influential mentor for film students, especially those who did not fit within the cultural and artistic norms at Emerson. In interviews with former students, a consistent refrain arises when it comes to describing Todd: he was weird, quirky, open, sensitive, approachable, caring, and generous with his time. Former students describe him as someone you could talk to about anything, be it a question about experimental film techniques or a complicated philosophical question. They say he was 2/22/25, 5:30 Emerson film professor commits suicide, then a sexual assault allegation surfaces. How students and family are handling the ordeal\u2026 4/11 someone whose art and teaching touched people deeply in a positive and formative way. Several former students of Todd\u2019s recounted that he had been an incredible resource and comfort when they were facing difficult experiences in college. Others said he was one of the best teachers they had ever had. The positive emotions students held for their teacher are reflected in his feedback to his students. Shari Gaynes, Todd\u2019s former student, shared an excerpt from an email Todd sent to her about her final project: \u201cThe warmth is so palpable that felt embraced by you, a lovely transference from you to the audience, brought to a sobering sense by your ruminations on the force of love and time,\u201d the email reads. Todd\u2019s passing and Title violation affecting the Emerson community When news spread of Todd\u2019s passing, the public outpouring of grief at his loss was covered by many news organizations, including WBUR, Boston.com and Dig Boston. Many people, from former film contemporaries to former and current students, posted on social media to express their sadness. Everything changed when the allegations of sexual harassment were made public. According to friends, colleagues and former students of Todd\u2019s, no one suspected that he would be accused, let alone found guilty of sexual harassment. If anything, they say that it seems entirely counter to the person they knew: a man who was often a haven for misfits and marginalized people at Emerson. Which makes Todd\u2019s passing and subsequent revelations about sexual harassment allegations all the more difficult for those who knew and loved him. Former students have overwhelmingly expressed confusion about trying to reconcile their view of and feelings about a person they held so dear, given this new information. \u201cIt\u2019s traumatic to have to make assumptions based on nothing,\u201d said Eric Moore, a former student of Todd\u2019s. \u201cIt\u2019s traumatic to hear about a person you cared about doing these horrible things.\u201d 2/22/25, 5:30 Emerson film professor commits suicide, then a sexual assault allegation surfaces. How students and family are handling the ordeal\u2026 5/11 Other former students, such as Gaynes and Jonathan Ade, also find it difficult to reconcile the allegations and their picture of Todd don\u2019t know if should think of him as a good professor or let go of all thoughts of him,\u201d said Gaynes can\u2019t help but reframe my view of him,\u201d said Ade. \u201cBut I\u2019m no closer to closure.\u201d Many former students have said they wished their former mentor was still around to address and give context to what they have learned about him. \u201cNothing can be resolved because we can\u2019t hear from him,\u201d said Gaynes. \u201cIt feels like we can\u2019t draw conclusions because he never made a statement. We\u2019re wondering questions that don\u2019t have answers.\u201d Ade wondered if Todd had been devastated by the suspension because he was primarily able to produce his films using Emerson\u2019s resources and thus would have been cut off from his art. \u201cAfter finding out about the sexual harassment, it\u2019s likely people at Emerson would have rejected him, and it would have been hard,\u201d said Gaynes. Megan Hess, also a former student of Todd\u2019s, said that he likely felt betrayed by the institution he devoted almost two decades to. Emerson\u2019s response In a statement to News Service, Emerson spokesperson Sofiya Cabalquinto said: \u201cProfessor Todd was a faculty member for over 18 years, and our sympathies are with Rob\u2019s family and all those who knew and cared for him. These are not easy circumstances, but we have tried to handle this as best we can with compassion and respect for all those who have been affected.\u201d Yet, alumni and students interviewed by News Service maintain that Emerson College officials have offered little in the way of resources to help the community handle their grief and confusion. Apart from suggesting community members reach out to spiritual leaders at Emerson when President Pelton initially announced Todd\u2019s death, and reminding students that they could use Emerson\u2019s counseling services in an email informing the community of the family\u2019s planned memorial, Emerson has not engaged the larger Emerson community during the healing process. 2/22/25, 5:30 Emerson film professor commits suicide, then a sexual assault allegation surfaces. How students and family are handling the ordeal\u2026 6/11 Hess said that she had wanted to take advantage of any grief counselors or other resources Emerson might be offering alumni thought could really use that resource because it was all so upsetting,\u201d said Hess. \u201cBut couldn\u2019t find any way to contact them couldn\u2019t find any number to call. Nothing.\u201d Other alumni wished that Emerson had allowed community members to air their thoughts and feelings with each other to work through what had happened together. Many former students of Todd\u2019s said that they wished Emerson had been more present in the discussions surrounding Todd\u2019s death and the Title violation. \u201cEmerson did nothing to join the conversation with students and alumni,\u201d said Moore. \u201cEmerson needs to be more open and proactive so that people aren\u2019t hearing this information from third parties wish Emerson had been more upfront about everything instead of pretending things were normal,\u201d said Charles Pieper, a former student of Todd\u2019s. \u201cEmerson acted like a corporation with their best interests in mind,\u201d said Hess. Still, some former students also wondered if a satisfactory way to handle the situation even existed. Former students of Todd\u2019s overwhelmingly felt that in general, Emerson improperly handles sensitive situations such as this and is ill-prepared to engage with the community on this issues. Todd\u2019s sister, Deb Todd Wheeler, speaking on behalf of the family, said they tried to engage with Emerson about the handling and publicizing of his death, but she feels they were treated poorly. \u201cWe came away from those conversations outraged to learn only that we are not alone in suffering from confusion, and that true leadership at Emerson is lacking,\u201d Wheeler wrote in a statement to News Service. \u201cFrom our point of view, whatever unresolved conflict may have remained in Robert\u2019s life, it should never have taken precedence over the grieving of those who loved him and depended on him,\u201d she said. In the past five years, Emerson College has been sued twice for allegedly mishandling Title investigations. 2/22/25, 5:30 Emerson film professor commits suicide, then a sexual assault allegation surfaces. How students and family are handling the ordeal\u2026 7/11 Though both cases were decided in a summary judgment in favor of the school, it is notable that in one of them, Emerson\u2019s lawyer\u2019s argued that Emerson had no legal duty to protect students from rape and sexual assault. In 2014, the Huffington Post reported that one of Emerson\u2019s lawyers argued: \u201cAbsent unusual circumstances, there is no duty for a school to protect others from the criminal or wrongful acts of third persons.\u201d \u201cEmerson is just like their dorm, the Little Building,\u201d said Pieper. \u201cIt looks great from the outside, it has an amazing reputation. But on the inside, everything is falling apart.\u201d Authorities at Emerson College declined to comment. Regardless of whether they believed Todd was guilty of the Title violation, former students overwhelmingly said that they were deeply concerned about the well-being of both Todd\u2019s family and whoever made the Title complaint and hoped that they are receiving all the support they need. Despite Emerson\u2019s lack of involvement in the community\u2019s healing process, alumni are coming together to support each other. Many said they had reached out to other students who had been in Todd\u2019s classes with them and found comfort in knowing they were experiencing similar emotions. In conversations among themselves, members of the Emerson community have offered to each other what little insight on the situation they can. \u201cThese are people we know and love,\u201d said Moore. \u201cAnd people are fallible and capable of unforgivable things understand why this is surprising to so many people, but it\u2019s not unfathomable to me,\u201d said Dandee. \u201cAs a teacher, you bring your best self to the classroom. You don\u2019t bring your darkness.\u201d Even so, many of those who loved Robert Todd are still struggling may never get any answers,\u201d said Ade. \u201cAnd may have to live with this disjointed image of a person loved.\u201d \ue028 \ue959 \ue063 \ue04c 2/22/25, 5:30 Emerson film professor commits suicide, then a sexual assault allegation surfaces. How students and family are handling the ordeal\u2026 8/11 You may also like Youran Cai becomes the first- ever Chinese Ultimate... 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How students and family are handling the ordeal\u2026 11/11", "7326_105.pdf": "Breaking News Australia Video University Guide Deep Dive China Debate Meghan Markle Prince Harry King Charles Weather Login Home News Royals U.S. Sport Showbiz Femail Health Science Money Travel Podcasts Shopping shares 11 Married Emerson College professor and filmmaker, 54, suspended for sexual harassment is found dead in a Boston park Robert Todd, associate chair of visual and media arts at Emerson, was reported missing on August 16 and later found dead in Boston's Franklin Park Emerson President Lee Pelton revealed in a statement to the college community Tuesday that Todd had been suspended without pay over sexual misconduct Todd, who was married and had taught at Emerson for 18 years, was accused of sexual harassment by college staffer in December 2017 Independent investigator conducted months-long probe that ultimately found Todd culpable of misconduct By PUBLISHED: 18:18 GMT, 5 September 2018 \| UPDATED: 22:35 GMT, 5 September 2018 beloved Emerson College professor and filmmaker who was found dead in a Boston park last month had been suspended without pay from teaching following a months- long investigation, it was revealed this week. Robert Todd, 54, associate chair of Visual and Media Arts at Emerson, where he had taught for 18 years, was reported missing on August 16. This week Emerson President Lee Pelton confirmed that Todd was suspended for the semester following an allegation of sexual harassment in December 2017 which was followed by an external investigation. He was found dead on August 18, two days after he was last seen alive entering Franklin Park in Boston, where his body was later found, reported Boston Globe. 3 View comments Site Web Enter your search Our family was on Escape To The Country - the enforced a secret ban behind the scenes and we got a Privacy Policy Feedback Saturday, Feb 22nd 2025 5PM 28 8PM 22 5-Day Forecas 2/22/25, 5:30 Emerson professor and filmmaker, 54, suspended for sexual harassment is found dead in a Boston park \| Daily Mail Online 1/46 Emerson College professor and filmmaker Robert Todd had been suspended from teaching before he was found dead in a Boston park in August +4 View gallery nasty shock when we made an offer REVEALED: Haunting final words of husband suspected of shooting wife dead outside a pub on Valentine's Day before leaping to his death from 170ft bridge After years of bad sex, my husband's libido suddenly returned was thrilled\u2026 until found out the reason Daisy May Cooper is embroiled in bitter \u00a330,000 row with her landlady after painting Farrow and Ball walls in Cotswolds cottage 'dentist-chair blue Zelensky surrenders to Trump and 'will sign mineral deal within hours' Looking to boost your gut health? It's all about knowing where to start! What to keep front of mind when supporting your microbiome Here's how lost 3 in 3 WEEKS. It is more effective than any fat jab and doesn't cost a penny MACINTYRE's extraordinary investigation Caroline Flack's last broken voice messages that reveal what she thought of Laura 2/22/25, 5:30 Emerson professor and filmmaker, 54, suspended for sexual harassment is found dead in a Boston park \| Daily Mail Online 2/46 Todd, 54, was reported missing on August 16, as this poster indicates He was last seen alive entering Franklin Park, where his lifeless body was later found 'Robert brought extraordinary talents and an incredible vision and dedication to his art and his teaching where he sought to inspire the next generation of filmmakers at Emerson,' Pelton said in a message to the college community at the time. On Tuesday, the head of the school revealed that Todd, who was married to fellow artist Tessa Day, had been suspended for the fall 2018 semester stemming from the findings of an independent investigation into allegations of sexual misconduct. Pelton explained in his statement to the faculty that he decided to shed 'clarifying light' on the matter after learning of 'unsubstantiated hearsay or rumors' swirling around the Emerson community. In December 2017, an Emerson staff member made a complaint against Todd, accusing him of violating the school's sexual misconduct policy. +4 View gallery Asia Argento calls Rose McGowan's gender- nonconforming... 'Serial Rapist': Bill Cosby's Hollywood Walk of Fame star Whitmore replacing her The last photo of Liam Payne alive showed him being hauled up to his hotel room. Ten minutes later, he was dead. Now, one of the men who carried him and two others have been cleared Range revolution: How four drivers got from Eastbourne to Aberdeen on one tank of fuel thanks to the 7 SHS's clever new tech Where is Coronation Street star Chris Fountain now? After career-ending scandal left the actor in depths of depression before terrifying health scare Read More 00:00 00:00 2/22/25, 5:30 Emerson professor and filmmaker, 54, suspended for sexual harassment is found dead in a Boston park \| Daily Mail Online 3/46 Todd, a prolific director of dozens of short films, was accused in December 2017 of sexually harassing an Emerson staffer Emerson hired an outside investigator, who concluded that the married professor had engaged in sexual harassment involving multiple 'linked incidents,' according to Pelton. Besides the suspension, Todd was required to work with a professional coach to 'help him understand the impact of his behaviors'. Pelton said: 'These extraordinary circumstances, the very public nature of Professor Todd\u2019s death, the promulgation of falsehoods, and the continuing circulation of rumors and speculations, compelled me to speak to you today in order to provide an accurate and true accounting.' Todd was described as a lyrical and avant-garde filmmaker and a sound and visual artist who had created nearly 170 short-to-medium length films since 1993, with his longest film - the 2011 Master Plan - clocking in at 61 minutes. Todd worked on award-winning media programs and taught film production at Boston College, the School of the Museum of Fine Arts, Boston; Art Institute of Boston; University of Massachusetts; and the Boston Film and Video Foundation, according to his Emerson obituary. Todd is survived by his wife, fellow artist and Emerson graduate student Tessa Day (right) The Harvard Film Archive, which screened his work, remembered Todd on their Facebook page as 'an enormously prolific, multi-talented artist who was experimental at heart but worked in all genres and kind of film as well as music and visual art.' Emerson graduate Carson Lund, who now works as a film writer and cinematographer in Los Angeles, wrote of Todd on Twitter that he 'never had a teacher so idiosyncratic. He\u2019s the reason many of my peers still shoot film.' +4 View gallery +4 View gallery Furious Land Rover driver blocks road to dealership for hours after it 'refused to fix his car under warranty' Adam Pearson's perfect response after troll asked him if he was going to the circus instead of the BAFTAs kept the dirty secrets of famous men for years. Then was sexually assaulted by a celebrity everyone loves. It was the last straw GOFF's most raw con... Up-to-date on the latest, must-have tech? Get yourself gadget-ed up with this month's top 10 devices Trump declares 'See you in court' in brutal transgender face-off with Democratic governor at White House Revealed: The mileage threshold that wipes the most value off your car Revealed: The sneaky European airports that are miles away from the cities they're named after Jane Seymour, 74, names five things she does every day to stay young looking (hint: one is taking an elixir 2/22/25, 5:30 Emerson professor and filmmaker, 54, suspended for sexual harassment is found dead in a Boston park \| Daily Mail Online 4/46 11 shares Share or comment on this article: Emerson professor and filmmaker, 54, suspended for sexual harassment is found dead in a Boston park Todd's widow, Tessa Day, is a graduate student at Emerson celebration of life for Todd will be held on September 22 in Ashby, Massachusetts Embed this Pregnant Fox host gives a baby update after she passed her 'See you in court.' Trump and Maine governor clash over Pregnant Fox host appears on Gutfeld! after passing due date Dashing through the snow plow drivers speed while clearing Dramatic moment cops chase down alleged teen rapist Zelensky says Ukraine and are drafting key agreement Trump bashes 'radical left lunatic' fighting for trans athletes Brit throws tantrum at Thai airport 'as cocaine falls from pocket' Newest Oldest Best rated Worst rated The views expressed in the contents above are those of our users and do not necessarily reflect the views of MailOnline. Comments 3 Share what you think The comments below have been moderated in advance. areyouanaysayer..., westcoastbestcoast..., United States, 6 years ago Guilt and shame. Sad. Click to rate 44 6 pepperncrack, vidor, United States, 6 years ago Soo, was he murdered or did he suicide himself or was it an accident? Click to rate 61 3 isthmus, reno, United States, 6 years ago No winners here..............sad story all around Click to rate 94 3 We are no longer accepting comments on this article. Love is in the air: 10 top brands to help you celebrate your special someone with style, from roses to jewellery Are you seeing disquieting images like these on social media? There's a sinister reason why... and it's taking older people for fools, reveals Phil Collins, 74, shares heartbreaking health update following his retirement . Inside Michael Owen's daughter Gemma's luxurious cottage as she reveals a glimpse of her bedroom renovations PICTURED: Dave Grohl's secret love child: Mother of his baby daughter born out of wedlock is finally revealed Blake Lively The Hollywood Reporter for 'sexist' cover lampooning her Justin Baldoni sexual harassment lawsuit Escape to the countryside! 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Confidential co- star Kevin Spacey was 'handsy' with him in shock resurfaced interview Tate McRae drops racy music video for Revolving Door in promotion of brand new studio album 2/22/25, 5:30 Emerson professor and filmmaker, 54, suspended for sexual harassment is found dead in a Boston park \| Daily Mail Online 17/46 Meryl Streep's daughter Grace Gummer welcomes second child with husband Mark Ronson Tom Brady rekindles romance with Irina Shayk after ex-wife Gisele Bundchen's baby news Hollywood megastar 'nabs iconic role in James Bond spin-off' after 'creative control' of the 007 film franchise was handed over to Amazon Kate Moss, 51, exudes glamour in black mini dress as she poses alongside lookalike daughter Lila, 22, at Donna Karan event Amanda Holden reveals Britain's Got Talent filming had to be stopped as the audience hurled abuse at the judges Liam Payne's friend Roger Nores reveals the only reason he would drop lawsuit against One Direction star's father Geoff - and the singer's last words to him Blake Lively requests more protection after receiving 'violent' messages amid Justin Baldoni legal battle Grammy-winning rock icon, 61, looks unrecognizable on vacation with girlfriend... can you guess who Anais Gallagher exudes elegance in black ball gown with white gloves as she attends Richard Quinn show Piers Morgan 'hounded by Baby Reindeer-style stalker' - as he slams her claims of abuse and harassment as a 'complete fantasy 2/22/25, 5:30 Emerson professor and filmmaker, 54, suspended for sexual harassment is found dead in a Boston park \| Daily Mail Online 18/46 Amanda Holden breaks down in tears as she discusses her beloved grandparents and her grief after their deaths: 'You take them for granted' Inside Justin Bieber's heartbreaking decline as friends claim Hailey is 'deeply concerned' for the singer Britain's Got Talent SPOILER: Judges are shocked as comedian takes to stage completely naked licia Douvall's new love revealed: Former glamour model goes Instagram public with handsome man CONFIDENTIAL: Brad Pitt's inspirational chef 'only wants fame', says his ex flame Jo Wood You won't believe what EastEnders' Zoe Slater looks like now! Michelle Ryan, 40, shares makeup-free selfie 20 2/22/25, 5:30 Emerson professor and filmmaker, 54, suspended for sexual harassment is found dead in a Boston park \| Daily Mail Online 19/46 after quitting soap reveals she thought her voice had been stolen by for a dance track - as musicians' fears grow Tyga's mom dead at 53: Pasionaye Nguyen passed away last month The rapper paid tribute on Instagram Who is Channing Tatum's new Aussie girlfriend? Actor is 'dating' model Inka Williams four months after splitting from fianc\u00e9e Zoe Kravitz Andrew Garfield and Monica Barbaro are 'quietly dating' after sparking romance rumors Eva Longoria, 49, flaunts her toned legs 2/22/25, 5:30 Emerson professor and filmmaker, 54, suspended for sexual harassment is found dead in a Boston park \| Daily Mail Online 20/46 while in a sexy black bodysuit Kate Cassidy's hidden tribute to Liam Payne as influencer deals with her grief over former One Direction star's tragic hotel balcony death forced to apologise as EastEnders star John Altman says a racial slur live on air Justin Baldoni accused of imposing his bizarre Baha'i religious beliefs onset amid Blake Lively sexual lawsuit Eastenders' Lacey Turner's husband hails her 'strength' after emotional live episode - just weeks after giving birth Doja Cat and Stranger Things star Joseph Quinn still going strong after romantic trip to Mexico EastEnders legend looks unrecognisable as he celebrates the soap opera's 40th anniversary... but can guess who it is? Marnie Simpson is pregnant! Geordie Shore star reveals she's expecting her third child with husband Casey Johnson Iconic chart-topping noughties band who won a staggering 14 awards in two years take to the stage in Milan during their hit international tour Who is Jennifer Garner's boyfriend? Meet businessman John Miller 2/22/25, 5:30 Emerson professor and filmmaker, 54, suspended for sexual harassment is found dead in a Boston park \| Daily Mail Online 21/46 Katie Price admits she 'never pays' for cosmetic surgery and reveals she's offered endless free procedures but insists don't take advantage of it' Salma Hayek, 58, reveals she has a stunning stepdaughter as she wishes the model a happy 24th birthday All the signs Justin Bieber could be heading for a downfall: From his worrying appearance at Hailey's skincare pop-up, his gaunt frame and bathrobe outing Hailey Bieber indulges in three-way kiss with Bella Hadid and Stassie Karanikolaou amid fears for Justin EastEnders fans all make the same joke after glaring Sonia blunder in live episode - but did you spot it? 2/22/25, 5:30 Emerson professor and filmmaker, 54, suspended for sexual harassment is found dead in a Boston park \| Daily Mail Online 22/46 This Morning fans all make the same joke as Alison Hammond hosts debate about age-gap relationships - with a racy twist Ben Affleck, 52, flashes gray hair when in a dog park with his son before big update on Jennifer Lopez divorce Single White Female vet Jennifer Jason Leigh, 63, is almost unrecognizable during a grocery run Kendrick Lamar earns first Number 1 single after his controversial Super Bowl performance Blake Lively, Ryan Reynolds and Justin Baldoni all by The Hollywood Reporter on wild magazine cover amid sexual assault lawsuit All the actors who are tipped to be the next 2/22/25, 5:30 Emerson professor and filmmaker, 54, suspended for sexual harassment is found dead in a Boston park \| Daily Mail Online 23/46 James Bond from Aaron Taylor-Johnson to James Norton as a new surprise contender enters the race Billi Mucklow shows ex Andy Carroll what he's missing as she looks incredible for night on the town - and gives a peak inside her home . Katie Price lands new acting role alongside showbiz veteran amid her money woes as bosses declare they are 'delighted' to have her Jennifer Garner and Ben Affleck's daughter Violet cuts contact with Jennifer Lopez after discovering her 'ulterior motive Rosie Huntington- Whiteley shows off her toned abs in a beige crop top and leggings as she looks workout ready Justin Bieber sparks major fears with fans after worrying appearance at wife Hailey's skincare pop up store opening in Alice Hirson dead at 95: Full House star who also played Ellen DeGeneres' mom passes away Kerry Katona takes swipe at Holly Willoughby as she says the presenter is 'too polished' for 'grubby' reality show Celebrity Bear Hunt Bachelor alum Arie Luyendyk Jr, 43, undergoes vasectomy after admitting he 'rushed' decision Amanda Holden, 54, shows off her incredible figure in a skimpy white bikini by 2/22/25, 5:30 Emerson professor and filmmaker, 54, suspended for sexual harassment is found dead in a Boston park \| Daily Mail Online 24/46 the pool during lavish Barbados getaway Drew Barrymore celebrates 50th birthday on her show as pals Cameron Diaz and Adam Sandler surprise her Elizabeth Taylor's supermodel pal shares rare insight into the private life of the icon who would now be 93 EastEnders fans gasp 'did that just happen?!' as they spot rude Lauren Branning moment in background of Queen Vic wreckage during live episode What will Lauren Sanchez wear at her upcoming wedding to Jeff Bezos? The Notorious B.I.G.'s mom dead at 72: Voletta Wallace passes away while in hospice care... months after shock Diddy comment Peter Jason dead at 80: Karate Kid and Deadwood star is remembered in heartfelt tributes by former colleagues Three men in a van ambushed my house when was a new mum - there's only one thing that kept me safe, reveals Myleene Klass Location Location Location's Phil Spencer leaves fans open- mouthed with pic of rarely-seen 'doppelganger' son who towers over him on set Pete Doherty enlists holistic team to join him on tour to give him massages and ice baths to aid his circulation as he fights to save his toes from amputation 2/22/25, 5:30 Emerson professor and filmmaker, 54, suspended for sexual harassment is found dead in a Boston park \| Daily Mail Online 25/46 Shiloh Jolie, 18, is the spitting image of actress mum Angelina as she keeps things casual in a grey hoodie during low-key outing Kylie Kelce hits back at claims she refused to eat Taylor Swift's cooking as she praises singer for influence on Travis Top model looks unrecognisable as she debuts bold new look at - so do know who it is? The new Grey's Anatomy? Netflix drops first look at explosive new medical drama Pulse - and fans are already counting down the days Channel 4 slaps beloved comedy with a woke trigger warning over 'offensive and derogatory' language Andrew Garfield and Monica Barbaro fuel dating rumors as they're spotted together in London Rihanna's partner Rocky lands deal days after his not guilty verdict in shooting trial Disgraced rugby player Stuart Hogg welcomes baby boy with 'world's sexiest jockey' Leonna Mayor - six weeks after being spared jail Jessica Simpson says her 'soul has been pulled' amid 'heartbreaking' Eric Johnson split Megyn Kelly unleashes on Tom Hanks for mocking 'racist supporters on 2/22/25, 5:30 Emerson professor and filmmaker, 54, suspended for sexual harassment is found dead in a Boston park \| Daily Mail Online 26/46 Strictly's Janette Manrara makes heartbreaking family admission and admits it 'scares me' - as she takes major career step Coronation Street's Tina O'Brien, 41, hasn't aged a day as she stuns in a low-cut floral summer dress while enjoying her sunny holiday Lock up your wine, Graham Norton! Chris O'Dowd makes rare chat show appearance after going viral when he 'embarrassed himself' with drunken interview Israel-Hamas latest: Six more hostages to be released in Gaza See more versions The Telegraph \u00b7 5hr spent years in the Army fighting Russian aggression - I\u2026 See more versions News \u00b7 5hrs ag Police \u2018increasingly concerned\u2019 for runner as major search\u2026 See more versions Evening Standard \u00b7 Trump fires top military officers - including America's\u2026 See more versions Sky News \u00b7 5hrs ag Britain is waging war on Apple \u2013 it is already backfiring See more versions The Telegraph \u00b7 4hr AfD handed major poll boost after support but faces\u2026 See more versions News \u00b7 3hrs ag Map reveals where 70mph winds and 12 of rain to hit\u2026 See more versions The Sun \u00b7 3hrs ago \u2018Russia\u2019s not winning\u2019: Ukraine frontline soldiers outraged at tal\u2026 See more versions The Independent \u00b7 Wales vs Ireland: Kick-off time, how to watch, team news and\u2026 See more versions Evening Standard \u00b7 Britain's Got Talent filming halted as wild audience hurl abuse at\u2026 See more versions Daily Mirror \u00b7 2hrs a Click here to view more Follow Daily Mail Subscribe Daily Mail Follow @DailyMail Follow Daily Mail 2/22/25, 5:30 Emerson professor and filmmaker, 54, suspended for sexual harassment is found dead in a Boston park \| Daily Mail Online 27/46 Follow @dailymailuk Follow Daily Mail Amandaland's Lucy Punch cuts a stylish figure in a sleek black suit as she poses with actor Sebastian Croft at the S.S.Daley show Fans are shocked Landman's wild bikini teen is also the prim prairie girl on the Yellowstone spinoff 1923 The One Show's Alex Jones admits menopause makes her forget guests' names live on air Place In The Sun viewers outraged by couple's strange reason for low offer on property - but do they have a point? Controversial influencer Andrew Tate disgusts fans with 'sick' comment about Ariana Grande's appearance Kate Hudson reveals she turned to singing because she feared she would die during the Covid pandemic had to do some music no matter what' Amanda Byram, 51, shares picture of herself breastfeeding 'miracle' baby after she surprised fans by welcoming child following long journey Gardeners' World's Monty Don shares his shock over revelation about his old home as he reveals the heartbreaking reason he packed up and moved gift from Casey? Love Island's Gabby Allen carries a huge bouquet of flowers as she grabs lunch with pals after winning All Stars Emmerdale's Natalie Ann Jamieson reveals why she left soap - and her secret 2/22/25, 5:30 Emerson professor and filmmaker, 54, suspended for sexual harassment is found dead in a Boston park \| Daily Mail Online 28/46 chats with bosses ahead of Amy Wyatt's tragic death The Chase fans brand contestant 'a disgrace to quiz shows' after 'disgusting' tactic - and even Jenny Ryan swipes 'I'll remember this game forever' Alec Baldwin admits he is happier asleep as he reveals mental health spiral following Rust shooting Nicole Kidman reveals the one compliment she 'hates' hearing - after sharing the medical struggle that left her 'terrified' EastEnders drama continues after the live episode as Adam Woodyatt 'gets into an altercation with fans' while leaving boozy after show party Will Lo's 'blessed' blended family survive her divorce? How singer's efforts to maintain bond with Ben's children are falling apart Where are the original Neighbours cast now? As Australia's favourite soap is axed for a second time we take a look at Ramsay Street's residents Made In Chelsea star the reality series after five years following multiple failed romances and revealing they find filming 'draining Inside Fred Sirieix's wedding to longtime partner Fruitcake as First Dates star dances with bride in sunset snaps Ab-flashing Shakira is back to her best as returns to the stage for Colombia concert - five days after she was hospitalised with health woes 'Is this a joke?' Fans cringe over Meghan Markle's 'ridiculous' 2/22/25, 5:30 Emerson professor and filmmaker, 54, suspended for sexual harassment is found dead in a Boston park \| Daily Mail Online 29/46 advice for throwing kids' parties... as revealed by celeb pal Mindy Kaling Mrs Hinch's eye- watering net worth revealed as the star rakes in four-figures a day after welcoming her third child Love Island's Curtis and Ekin-Su attempt to defend relationship on Lorraine - but it seriously backfires James Bond's most shocking one-liners from X-rated innuendoes to cringeworthy quips - as 007 fans spark fury after 'creative control' is handed over to Amazon EastEnders fans are reduced to tears as Martin Fowler dies in tragic scenes during 40th anniversary live episode Strictly winner Ellie Leach 'flogs old clothes on Vinted for as little as \u00a34' after revealing she's 'unemployed' Kelly Brook lets slip her husband Jeremy Parisi was an extra on EastEnders and she sent him there to help him learn English Good Morning Britain viewers rip into 'insufferable' hosts for 'trying to one-up each other' with constant interruptions - and vow to switch over to Noel Gallagher looks in good spirits as he returns to the studio ahead of the Oasis reunion gigs this summer Alessandra Ambrosio looks more loved up than ever with boyfriend Buck Palmer as they pack on the during coffee date in 2/22/25, 5:30 Emerson professor and filmmaker, 54, suspended for sexual harassment is found dead in a Boston park \| Daily Mail Online 30/46 Rihanna wears a stylish androgynous suit as she rings in her 37th birthday with Rocky and celebrates his not guilty verdict Tattooed YouTuber replaces Rachel Riley on Countdown in shock shake-up - as he announces 'ridiculous' appointment to fans Demi Moore carries her beloved pooch Pilaf in a body sling as she attends furniture launch in California amid her awards success Inside the many controversies of Ugly Betty in the wake of Eric Mabius' battery arrest Mrs Hinch gives birth to a baby boy! Cleaning guru Sophie Hinchliffe welcomes her third child with husband Jamie and reveals his adorable name Courteney Cox, 60, exudes elegance in a pale pink dress as she officiates her friend's wedding in Australia 'Fragile' Ben Affleck reveals dating plans after being left 'exhausted' by Jennifer Lopez break- up Millie Mackintosh shares 'drunken' throwback snap and admits barely recognise the person used to be' Kanye West vows to perform in swastika shirt at Super Bowl in crazed rant amid Kim Kardashian 'family tension' Kate Hudson opens up about raising a second generation of nepo babies as she claims her son Ryder, 21, is set for stardom Bella Hadid has legs for day in tiny shorts at star-studded launch 2/22/25, 5:30 Emerson professor and filmmaker, 54, suspended for sexual harassment is found dead in a Boston park \| Daily Mail Online 31/46 party for her new clothing line Hugh Jackman and Sutton Foster's savage response after Deborra-Lee Furness predicted their relationship 'won't last' Bruce Willis' wife Emma posts new video for National Caregivers Day amid his dementia battle Sophie Habboo lifts the lid on Made In Chelsea set secrets as she details wardrobe disaster Meghan Markle gives cryptic insight into As Ever rebrand as she shares unseen pictures and a painting of her and Harry from 'memory lane' Ugly Betty star Eric Mabius accused of shock act against woman in violent bar brawl before arrest Emilia Perez's trans star Karla Sofia Gascon to skip Awards but won't miss Oscars amid tweet scandal Will Smith flies solo again amid unusual marriage arrangement as he joins glam stars Thalia and Becky at Univision's Premio Lo Nuestro Awards 2025 Critics blast Alec Baldwin's reality show for 'outright offensive spin on tragic death of Rust cinematographer Halyna Hutchins Ugly Betty star Eric Mabius for battery in Florida... as shocking mugshot is revealed Katie Price reveals her son Harvey, 22, has been 'kicked out' of 2/22/25, 5:30 Emerson professor and filmmaker, 54, suspended for sexual harassment is found dead in a Boston park \| Daily Mail Online 32/46 residential care home for being 'too difficult' Jessica Simpson releases her first song in 15 years, Use My Heart Against Me, and video Jamie Laing breaks down in tears as he opens up about his parents' divorce and admits he carries 'huge guilt' for blaming his father reveals the latest bizarre twist in saga of Meghan's new lifestyle brand Emmerdale star reveals his girlfriend is pregnant with their first child - five years after being axed from the soap Racegoer stuns onlookers as she reveals a famous comedian is her mother in hilarious viral clip Ron Howard reveals the very famous '70s actor he is related to (hint: he was on Three's Company stopped drug- addled Pete Doherty driving across London. His nails were filthy and he stank. Then he turned his life around... how sad it's another addiction that could kill him She was in a Star Wars movie, is pals with Reese Witherspoon and there is a Taylor Swift link, who is she? Pamela Anderson 'begged her sons for forgiveness' after being 'sexualised' during her career 2/22/25, 5:30 Emerson professor and filmmaker, 54, suspended for sexual harassment is found dead in a Boston park \| Daily Mail Online 33/46 Harry Styles was left 'devastated' by impression of him, star says Did Michelle Keegan and Mark Wright's Instagram tip off burglars? Star fought off raiders at mansion as they become latest celebrities targeted Tamra Judge breaks down in tears as she explains why she won't give Teddi Mellencamp health scare updates Bella Hadid puts on a perky display as she wears her underwear in public while leaving photo shoot in Bargain Hunt star Charles Hanson asked police 'am dreaming?' as he was arrested over '10-year campaign of abuse' against his wife, court told Legendary Channel 10 reporter Paul Mullins dies aged 79 She was in an iconic movie before working alongside Bruce Willis for years and looks youthful at 75...who is she? EastEnders' Michael Greco reveals the surprising amount he earns from repeats two decades after leaving soap . The heartbreaking losses of the Gogglebox cast - as we take look back at the tragedies of the Channel 4 show This Morning fans seriously distracted by Pamela Anderson's appearance as she promotes new film The Last Showgirl - but can you spot why? 70s rock legends cancel shows after frontman announces cancer diagnosis 2/22/25, 5:30 Emerson professor and filmmaker, 54, suspended for sexual harassment is found dead in a Boston park \| Daily Mail Online 34/46 Shock as another popular Channel Seven star quits the network amid mass bloodbath Meghan Markle hits major milestone after bombshell brand announcement Inside First Dates star Fred Sirieix and Fruitcake's wedding: Bride stuns in a strapless gown as pair tie the knot at stunning Jamaican castle Jinger Duggar Vuolo displays her baby bump in pink blazer after statement about her 'cult-like' upbringing Hilaria Baldwin finally sets the record straight over her Spanish accent after years of ridicule Neighbours is axed as Amazon pull the Australian soap less than two years after it was revived Why Jennifer Garner is the unsung hero of Hollywood: After supporting Ben Affleck through sobriety friends are now 'concerned' as she suffers tragic loss Holly Willoughby is stunned as she's reunited with her ex- boyfriend... as he reads out toe-curling love letter she sent about a 'naked woman' Khloe Kardashian reveals why she experiences 'anxiety' at ex Tristan Thompson's games Hayden Panettiere remembers brother's tragic early death as childhood home they 2/22/25, 5:30 Emerson professor and filmmaker, 54, suspended for sexual harassment is found dead in a Boston park \| Daily Mail Online 35/46 grew up in hits the market Catherine Tate's rarely seen lookalike daughter Erin, 22, has inherited her comedy talents - and enlists the star for hilarious TikTok skits The Chase's Bradley Walsh forced to intervene and warn contestant 'don't waste my time' as livid viewers rage at 'ridiculous' move Beyonce announces partnership to 'help women'... after Jay-Z's rape case with Diddy dropped Racegoer is coaxed by pals into revealing his uncle as ultra famous sportsman - just minutes after comedian's daughter is spotted Katie Price's ex Kris Boyson becomes a dad for the first time as he welcomes baby with fianc\u00e9e Elizabeth Tierney after secret reunion and pregnancy Pamela Anderson looks ethereal in a sheer white Dior skirt as she steps out of swanky hotel after dividing This Morning viewers with kooky outfit choice Iris Law flaunts her incredible figure in a stunning array of bikinis while modelling for Victoria's Secret Amanda Holden, 54, enjoys a boat trip with lookalike daughter Hollie, 13, as she gives fans another glimpse into her lavish Barbados trip Taylor Swift's boyfriend Travis Kelce is now a Hollywood movie producer as he works with an Oscar- winning actor Ronan Keating calls for appeal of 'lenient' 2/22/25, 5:30 Emerson professor and filmmaker, 54, suspended for sexual harassment is found dead in a Boston park \| Daily Mail Online 36/46 sentence for man who caused death of his brother in car crash as he slams 'reckless' driver's 'selfish actions' Oprah Winfrey's Ozempic effect on full display in gym gear after drug made her realize truth about 'thin people work on and Ryan Reynolds changed his joke at last minute to make it about the Baldoni scandal after rehearsing a different line 'You can kill a man and walk free': Ronan Keating hits out after man escapes prison sentence for causing the death of his brother This Morning guest breaks down in tears after life-changing makeover in wake of cancer battle and stoma bag - as fans sob 'she looks stunning!' Daisy May Cooper reveals her very surprising saviour when she hit 'rock bottom' amid divorce from Will Weston Strictly's Nadiya Bychkova shares a hug with ex-dancer partner Dan Walker at her show in Sheffield after she hinted at romantic code symbol between them Mark Wright makes career announcement days after he and pregnant wife Michelle Keegan were left terrified amid burglary at \u00a33.5million mansion Kate Hudson leaves Radio 2 listeners all saying the same thing about her singing as she performs 'first ever live show' Amy Schumer's warning about Ryan Reynolds as she secretly chatted to Blake Lively at SNL50 event 2/22/25, 5:30 Emerson professor and filmmaker, 54, suspended for sexual harassment is found dead in a Boston park \| Daily Mail Online 37/46 British Grand Prix's star-studded headliners are as Silverstone announce a huge lineup of stars who will take to the stage Amanda Holden, 54, poses with her lookalike daughters Lexi, 19, and Hollie, 13, during Barbados break as fans gush the trio 'look like sisters' Pregnant Michelle Keegan and husband Mark Wright's terror as couple lock themselves in bedroom while masked raiders break into \u00a33.5m mansion Kim Kardashian breaks her silence on co-parenting with Kanye West after she faced calls to denounce his behaviour after anti semitic rants Call the Midwife star Helen George, 40, is feeling 'nothing but love' as she shares sweet snaps after debuting relationship with divorced dad, 51 Mick Jagger's son Deveraux, 8, is rushed to hospital after an accident while playing football reveals future of Grace before series five even hits screens as show boss pays emotional tribute to cast and crew Gail Porter reveals she had a run-in with police after she was caught scattering her father's ashes Daniel Craig drops out of Luca Guadagnino's Sgt. Rock movie months before filming commences - as award-winning actor is tipped to replace him Selena Gomez looks nothing short of sensational as she hits London in white mini dress after debuting new single at West End event Sir Lenny Henry receives Freedom of the City of London in 2/22/25, 5:30 Emerson professor and filmmaker, 54, suspended for sexual harassment is found dead in a Boston park \| Daily Mail Online 38/46 recognition of his contribution to entertainment and charity Netflix adds 'criminally underrated masterpiece show with perfect 100% Rotten Tomatoes score - as fans rave over scenes The Bay's return date finally confirmed by - and the wait for series five is almost over Emmerdale kills off beloved character in heart- wrenching scenes - leaving their loved ones devastated and taking a secret to the grave Starry-eyed Charles! King mingles with celebrities at Buckingham Palace reception for humanitarian efforts Love Island: All Stars winners Gabby and Casey throw their arms up in triumph while runners-up Grace and Luca look glum at Heathrow airport Prue Leith, 85, stuns in a bold pink satin dress and sunglasses as she takes to the runway during London Fashion Week Loose Women in 'daytime first' as show announces huge format shake-up next month - and panel gush 'we've never done this before!' Helen Flanagan, 34, puts on a loved-up display with boyfriend Robbie Talbot, 45, as they enjoy a night out with his daughter Sophie, 14 Will James Bond get the Star Wars treatment? 007 could be set for series of spin-offs as Broccoli family hand over 'creative control' 2/22/25, 5:30 Emerson professor and filmmaker, 54, suspended for sexual harassment is found dead in a Boston park \| Daily Mail Online 39/46 Lizzo looks slimmer than ever in bra and panty selfie after reaching her weight- loss goal Jessica Simpson details bizarre interaction with late singer Prince Robert De Niro, 81, gives a rare insight into parenting his daughter, 20 months, Gia with Tiffany Chen, 45 Nicolas Cage is being sued by his ex for 'negligence' amid claims their son left her with 'life-threatening injuries' Beloved celebrity hairstylist dies suddenly in the gym age 39 Justin Bieber shares racy snaps with wife Hailey amid marriage strife rumors Chloe Ferry shows off her new figure in jeans for the first since getting her removed and admits she feels 'like herself again' Ant Anstead comes between his ex Christina Haack and her ex Tarek El Moussa in tense moment on The Flip Off Taylor Swift's role in It Ends With Us revealed - amid rumours she's ditched Blake Lively and claims she had 'no creative involvement in the film' Holly Willoughby 'faces new court battle as her media company is ordered to pay eye- watering tax bill' Demi Moore, 62, celebrates her awards success despite missing out on BAFTAs 2/22/25, 5:30 Emerson professor and filmmaker, 54, suspended for sexual harassment is found dead in a Boston park \| Daily Mail Online 40/46 gong as she poses for fun snaps during her trip to London Rocky and Rihanna have promised to name their next child after the rapper's - after being found not guilty in shooting case Katy Perry is condemned as 'unforgiveable' by family of 85-year-old veteran she evicted from her $15M home as she files for $6million Cruz Beckham turns 20! Proud parents David and Victoria share sweet tributes for their youngest son while girlfriend Jackie Apostel posts cheeky clip Tom Hiddleston and Hayley Atwell share sweet embrace as the cast celebrate opening press night of Much Ado About Nothing - as actress shares secret message in her jacket Myleene Klass takes inspiration from Hailey Bieber in quirky headgear and a corset top as she struts out of the Smooth studios Country megastar's homophobic slur caught on camera in bar Pregnant Arabella Chi shows off her growing baby bump in a silk co- ord set as she steps out at the Oh Polly London Fashion Week show Anne-Marie is pregnant! Singer is expecting her second child with her husband Slowthai as she unveils her baby bump in sweet video Christina Haack reveals shock 'emotional embrace' with ex Ant Anstead... amid his romance with Renee Zellweger 2/22/25, 5:30 Emerson professor and filmmaker, 54, suspended for sexual harassment is found dead in a Boston park \| Daily Mail Online 41/46 Veteran Neighbours star Ian Smith, 86, reveals how long he has to live - after being diagnosed with an 'aggressive' form of lung cancer Amanda Holden risks the wrath of bosses after claiming she took 28 flights during making of her show - weeks after the corporation unveiled its Climate Transition Plan Georgia Love debuts major transformation after insiders confirmed she and husband Lee Elliot have split Michael Jackson's estate at odds with auction house over unreleased songs from late King of Pop: 'Fans want to hear new music' 90s rock star reveals he lost two amid health battle... as he shares gruesome snap for fans Blake Lively claims her kids are so 'traumatized' by Justin Baldoni drama she has to stay home... despite glitzy appearance Kim Kardashian oils up her sculpted bikini body for sexy shoot after shock reunion with A-list ex-lover Drake gifts pregnant woman seats and $30,000 at his Sydney concert: 'Who brings a baby to a mosh pit?' Jennifer Lopez poses with handsome man at a lavish beach restaurant as she brushes off criticism following Dubai concert Extreme Makeover host Clea Shearer 'sobbed' after almost 'losing my breasts twice' to surgery fear gaunt and grubby Justin Bieber is on a path to 2/22/25, 5:30 Emerson professor and filmmaker, 54, suspended for sexual harassment is found dead in a Boston park \| Daily Mail Online 42/46 destruction. And think know the heartbreaking reason why Matty 'J' Johnson hits back at claim he was 'overreacting' on I'm Celebrity... Get Me Out Of Here! Kyle Richards and Morgan Wade lean on each other after supporting Teddi Mellencamp following brain tumor surgery Blake goes to war: Bombshell new legal filing claims two female co-stars from It Ends With Us will back up her claims against Baldoni EastEnders fans shocked as Martin Fowler's fate hangs in the balance after horror accident - while vote opens for first time ever over Denise Fox's future The Masked Singer Season 13 live updates: Judges decide who moves on during Shrek Night Addison Rae flashes her bare legs for Vogue France as she admits she 'felt like a celebrity' long before fame hit Denise Richards gives rare update about daughter Eloise's chromosomal disorder Meghan Markle faces yet another battle in her lifestyle venture as 'reeling' 'As Ever' boss reveals he's seeking legal advice Wild claims about notorious cancer faker Belle Gibson's recent whereabouts and her new name - as con woman's story plays out on Netflix's Apple Cider Vinegar reviews Much Ado 2/22/25, 5:30 Emerson professor and filmmaker, 54, suspended for sexual harassment is found dead in a Boston park \| Daily Mail Online 43/46 About Nothing: Hayley and Tom fizz in this spangly disco night blitz Today's headlines Most Read REVEALED: Haunting final words of husband suspected of shooting wife dead outside a pub on Valentine's Day... Daisy May Cooper is embroiled in bitter \u00a330,000 row with her landlady after painting her Farrow and Ball... Where is Coronation Street star Chris Fountain now? After career-ending scandal left the actor in depths of... Of course it's bonkers to say Ukraine started the war. But here's what think Donald Trump's trying to... Caroline Flack's last broken voice messages that reveal what she thought of Laura Whitmore replacing her -... PICTURED: Dave Grohl's secret love child: Mother of his baby daughter born out of wedlock is finally... Israeli hostage kisses his Hamas captive on the head as he and two other prisoners are handed over in highly... The secret daytime tier list revealed: From bitchy feuds, mean comments and cruelty of the daytime sofa PLATELL: Harsh truth is nobody but Liam is to blame for his death Starry-eyed minister who's been captured by the Big Tech bros: In just three months, Peter Kyle had up to 30... Sir Elton John and Simon Cowell back Daily Mail campaign to stop plundering Britain's creative genius Here's how lost 3 in 3 WEEKS. It is more effective than any fat jab and doesn't cost a penny: DONAL... Our family was on Escape To The Country - the enforced a secret ban behind the scenes and we got a nasty... Zelensky surrenders to Trump and 'will sign mineral deal within hours' Adam Pearson's perfect response after troll asked him if he was going to the circus instead of the BAFTAs NEIL: We pay for a rapid rebuild of our military might - by using the hundreds of billions... Moments from disaster last smiling selfie on doomed MH17, the final leap of a bike stuntman and a... Is this the ugliest building in Britain? Filthy, fly-tipped and abandoned snooker hall has become a hotel... Phil Collins, 74, shares heartbreaking health update following his retirement Revealed: The sneaky European airports that are miles away from the cities they're named after How a surgeon accused of abusing 300 children kept 70 life-sized child dolls under his floorboards... and... Furious Land Rover driver blocks road to dealership for hours after it 'refused to 2/22/25, 5:30 Emerson professor and filmmaker, 54, suspended for sexual harassment is found dead in a Boston park \| Daily Mail Online 44/46 fix his car under... Mark Wright and his pregnant wife Michelle Keegan enjoy lunch date as couple put on a brave face following... The resurrection of Russell Brand: The sexual assault allegations against him haven't gone away. But... Olly Murs forced to cancel live show just hours before performance in Dubai as he shares health woes Blake Lively The Hollywood Reporter for 'sexist' cover lampooning her Justin Baldoni lawsuit Is there anyone left on Team Blake? As her bitter dispute with Justin Baldoni intensifies, fans - and even... Prime Minister's millionaire adviser who could 'profit from shake-up' of copyright laws reveals she thought her voice had been stolen by for a dance track - as musicians' fears grow shouldn't be able to steal the talent of the humans who created the magic in the first... Q&A: What are Labour's plans on and copyright? Who will be affected? All you need to know about the Big... Jane Seymour, 74, names five things she does every day to stay young looking (hint: one is taking an elixir) Yale scientists who risked careers to publish bombshell Covid vaccine study issue message to shot's victims Revealed: The mileage threshold that wipes the most value off your car His increasingly bizarre behaviour is prompting rumours of chronic stress and even ketamine abuse. Now his... Worst ratings for celebrity-owned pubs in the revealed: Diners blast 'pretentious' menus and 'tiny'... I've been on Ozempic for 2 years... what happened to me and my warning to anyone taking it Pictured: Man, 43, charged with repeatedly raping schoolgirl, 14, in late night Southampton park attack is making same terrifying mistake that's destroyed every previous advanced civilization, historian warns Blake Lively's co-star Jenny Slate allegedly filed complaint while filming It Ends With Us EastEnders' original Martin Fowler actor makes sly dig as bosses reveal their secret tactics to hide the... Inside Michael Owen's daughter Gemma's luxurious cottage as she reveals stunning renovations - but fans... Should you respond to work emails while you're on holiday? I'm a career expert and these are the do's and... Hawaii man reveals first thing he plans to do after spending 30 years in jail for murder he didn't commit Quivering Luigi Mangione fan reveals jaw-dropping reaction to seeing the 'murderer' in flesh at court bureaucrats spark fury after warning coffee is 'DANGEROUS' to humans and ban caffeine in pesticides 2/22/25, 5:30 Emerson professor and filmmaker, 54, suspended for sexual harassment is found dead in a Boston park \| Daily Mail Online 45/46 Sitemap Archive Video Archive Authors Topics Index Mobile Apps Screensaver Text-based site Reader Prints Our Papers Top of page Daily Mail Mail on Sunday This is Money Metro Jobsite Mail Travel Mail Subscriptions Help & FAQs Published by Associated Newspapers Ltd Part of the Daily Mail, The Mail on Sunday & Metro Media Group dmg media Contact us How to complain Leadership Team Advertise with us Contributors Terms Subscription Terms & Conditions Do not sell or share my personal information About MailOnline Privacy Settings Privacy policy & cookies How plane food is really made: Inside the incredible 'kitchen city' that makes meals for the world's best... The inside story of arrogant motorbike couple who were charged with spying after everyone told them they didn't know how lonely and isolated country life could be when you're single was delusional to think... Gogglebox fans 'switch off' after 'creepy' scene leaves them feeling uncomfortable: 'Too weird and Back to top Home News Royals U.S. Sport Showbiz Femail Health Science Money Travel Podcasts Shopping 2/22/25, 5:30 Emerson professor and filmmaker, 54, suspended for sexual harassment is found dead in a Boston park \| Daily Mail Online 46/46", "7326_106.pdf": "The Berkeley Beacon \u2022 September 4, 2018 \u2022 found-responsible-for-sexual-harassment/ Deceased Professor found responsible for sexual harassment By Chris Van Buskirk, Former Editor-in- Chief Former Professor Robert Todd was \u201cfound responsible for engaging in sexual harassment\u201d following a Title investigation that took place before his death, according to a statement President M. Lee Pelton released on Tuesday. As a result of the months-long investigation, Todd was suspended without pay from the college for the fall 2018 semester. Todd, a visual and media arts associate professor, was discovered dead in Jamaica Plain on Aug. 18. The 54-year- old went missing on Aug. 16. He was last seen entering Franklin Park. Pelton confirmed his death two days later in an email to the Emerson community. The Boston Police Department declined to cite the cause of death. The Office of the Chief Medical Examiner could not be reached for comment. Pelton said the college first received a complaint from an Emerson staff member in December 2017 alleging that Todd engaged in \u201cmultiple, concatenated behaviors\u201d that might have violated the college\u2019s Sexual Misconduct Policy. Todd was required to work with a professional coach \u201cto help him understand the impact of his behaviors and to ensure he would not occur in the future,\u201d Pelton wrote in the statement he gave to faculty on Tuesday at the Faculty Institute. During the investigation, the Title Office and the Chair of the Department Brooke Knight received additional claims of \u201cinappropriate behavior\u201d committed by Todd. Pelton said each additional report was investigated but there was insufficient evidence to support the additional claims. While the college typically does not release such information, Pelton said the extraordinary circumstances and the continuing \u201ccirculation of rumors and speculations\u201d compelled him to share. Pelton was not available for additional comment. \u201cWe continue to support the member of our community who came forward,\u201d Pelton wrote. \u201cAnd we wish to make it very clear that the college will never tolerate sexual misconduct or sexual harassment, and will act decisively should findings of either arise.\u201d This is a developing story. Check back for updates. Riane Roldan contributed to this article."}
7,712	Chris Loschiavo	University of Florida	[ "7712_101.pdf", "7712_102.pdf", "7712_103.pdf", "7712_104.pdf", "7712_105.pdf", "7712_106.pdf" ]	{"7712_101.pdf": "Two admins lose jobs after UF-email porn purchase Cindy Swirko [email protected] Published 7:21 p.m May 30, 2017 Updated 3:43 p.m May 31, 2017 As the University of Florida\u2019s deputy Title coordinator, Chris Loschiavo heard complaints of gender discrimination that sometimes included allegations of sexual battery. But it has been learned that using a university-supplied email, he also bought pornographic videos with titles that included erotic torture and rough sex, cyborg sex, threesome sex and more. Loschiavo was fired last year with officials pegging it publicly to a conflict of interest that came to light during the Title hearing of football player Antonio Callaway. Loschiavo was recently hired as the Title coordinator of Florida Polytechnic University. His supervisor, Jen Day Shaw, gave him an effusive recommendation. Now, both are out of a job. Day Shaw resigned Tuesday rather than be fired. And Loschiavo was fired from Florida Polytechnic when officials there learned of the pornography in mid-May. \u201cDr. Jen Day Shaw, University of Florida Dean of Students and Associate Vice President for Student Affairs, resigned today in lieu of non-renewal of her appointment Communications Director Margot Winick said in an email to The Sun. \u201cThe university decided not to renew her appointment due to a critical error in judgment when she gave misleading and incomplete information in providing a positive reference to another university for Chris Loschiavo, a former Title coordinator ... who reported to Day Shaw immediately terminated Loschiavo\u2019s employment in late August when it learned he used his work computer account to purchase pornography.\u201d 2/22/25, 5:30 Two admins lose jobs after UF-email porn purchase 1/3 now acknowledges it fired Loschiavo for buying pornography using his work email account. Day Shaw knew that when she recommended him for the Florida Polytechnic job said. Winick\u2019s email Tuesday came shortly after The Sun requested an interview with Day Shaw, which was made shortly after The Sun received public records that included Loschiavo's emailed PayPal receipts for buying pornography on eBay. Amy Osteryoung of the law firm Johnson & Osteryoung, which has been involved with Day Shaw in several Title cases, said Tuesday\u2019s announcement is a positive move. The firm last year filed a complaint with alleging Day Shaw mishandled the Callaway case. \u201cThe university will be a better place without Ms. Shaw. We consider this to be step one in what we hope will be more steps to come,\u201d Osteryoung said. \u201cWe have no further comment although we will have in the future.\u201d Loschiavo was fired from in August following an investigation based on a complaint by Osteryoung and law partner Huntley Johnson. The University Office of Internal Audit completed an investigation Dec. 16. Auditors concluded that Loschiavo had a conflict of interest when representing in the Callaway Title case and that he was paid for outside consulting work when he was supposed to be doing his job. Loschiavo was doing consulting work for a company that had a relationship with one of the attorneys for the student who claimed Callaway had assaulted her. The attorney was a volunteer board member of an association managed by the consulting company. The relationship between Loschiavo and the consulting group wasn\u2019t a secret \u2014 he had obtained prior written approval from his boss, Day Shaw. On March 17, Day Shaw sent an email to Florida Polytechnic, recommending him for the job of Title coordinator of the new university, which opened in 2014 in Lakeland. \u201cFantastic. Incredibly knowledgeable. Amazing work ethic. Strategic. Great collaboration. My very highest endorsement!!!\u201d Day Shaw wrote. \u201cHope you get him. He will be a tremendous help to you as you continue to create Florida Poly.\u201d Florida Polytechnic spokeswoman Maggie M. Mariucci said Loschiavo was hired April 17 and fired May 19 for failure to disclose information. 2/22/25, 5:30 Two admins lose jobs after UF-email porn purchase 2/3 \u201cThe University became aware of issues related to pornography during his employment at on the afternoon of May 18. The next day, his employment was terminated for nondisclosure of information,\u201d Mariucci wrote in an email. \u201cWe followed our hiring process which includes a level background check and reference checks. When we became aware that Mr. Loschiavo had withheld information, he was terminated the next day.\u201d Records obtained by The Sun include a Jan. 11, 2015 PayPal receipt from Loschiavo\u2019s email account for four pornographic CDs bought on eBay. Receipts from Jan. 27 and Jan. 31, 2015, also show pornographic purchases. His Twitter account also showed he responded in March to a site that shows short, lewd video clips spokeswoman Janine Sikes said did not initially cite the pornography as the reason for Loschiavo\u2019s firing because the university was not specifically asked if porn was involved. Winick said Day Shaw will be paid for unused vacation time with her resignation. Her annual salary was $179,275. She has worked for since 2010 learned about the recommendation Day Shaw provided for Loschiavo a few weeks ago, Sikes said. Since then officials were trying to decide what action to take. It just happened to coincide with the day Loschiavo\u2019s requested public records were released, Sikes said. \u201cThey had to huddle, they had to get some things together. The timing worked out,\u201d Sikes said. \u201cToday was it.\u201d 2/22/25, 5:30 Two admins lose jobs after UF-email porn purchase 3/3", "7712_102.pdf": "Academic rigour, journalistic flair Chris Loschiavo 1 Article 0 Comments Associate Dean, Director Student Conduct and Conflict Resolution, University of Florida Profile Articles Activity Chris Loschiavo is Associate Dean of Students and Director of Student Conduct and Conflict Resolution at the University of Florida. He is responsible for oversight of the campus response to student behavioral and honor code related issues from cheating and plagiarism, alcohol and other drug issues and physical, violence, dating violence and sexual misconduct. He is also Deputy Title Coordinator for Students and also serves on the institution's Behavioral Consultation Team (threat assessment team). Chris also teaches a conduct committee training class each spring semester. Prior to his work at the University of Florida which began in May 2007, Chris served as Director of Student Conduct and Community Standards at the University of Oregon from 1999 \u2013 2007. At both institutions, Chris has overseen major revisions to the Student Conduct Code. Chris has also served as President of the Association for Student Conduct Administration (ASCA), the professional organization representing 3300 conduct professionals at over 1800 campuses across the U.S. and Canada. In his role with ASCA, he has had the opportunity to consult with U.S. Senators, the White House Task Force to Prevent Sexual Assault on College Campuses and the Department of Education's Office of Civil Rights. He has also served as a faculty member of the Summer Training Academy for Conduct Officers for the last four years and is currently serving as chair of this Gehring Academy. Experience \u2013present Associate Dean, Director Student Conduct and Conflict Resolution, University of Florida 2/22/25, 5:30 Chris Loschiavo \u2013 The Conversation 1/2 Sign in to contact Gainesville Website @gatorfancl Article Feed Joined April 15, 2015 \uf017 \uf006 \uf001 \uf015 \uf018 2/22/25, 5:30 Chris Loschiavo \u2013 The Conversation 2/2", "7712_103.pdf": "20% of women surveyed at say they've experienced sex assault \| GateHouse Media Services Published 3:08 p.m Sept. 23, 2015 \u2014 One in five coeds said they were sexually assaulted since the day they enrolled at the University of Florida, but nearly 60 percent didn\u2019t consider it \u201cserious enough\u201d to report, according to a newly released survey on campus rape. The high rate of students who don\u2019t report these incidents is troubling to university officials who have spent years engaged in outreach and educational programs to raise student awareness and offer them safe haven for reporting unwanted sexual attention. It also comes as no surprise to some. \u201cThese students have grown up with the threat of a stranger jumping out of the bushes,\u201d said Chris Loschiavo, Director of Student Conduct and Conflict Resolution at UF. \u201cThe reality is that it\u2019s usually a friend or an acquaintance. They think it can\u2019t be that serious because it was a friend, and that\u2019s a concern.\u201d The survey results confirm that \u2014 victims of sexual harassment at said the offending party 92 percent of the time was another student, and more than 70 percent said they were harassed by a friend or acquaintance. UF\u2019s numbers reflect the overall picture nationally, based on the results of the survey of 150,000 students at 27 universities and colleges conducted by the Association of American Universities. This is one of the largest and most comprehensive studies of its kind to gauge not only students\u2019 experiences on campus, but their attitudes about sexual assault and their impressions about their school\u2019s handling of such cases. \u201cThis is the first to have a relatively large number of campuses and large number of students at each campus,\u201d said Bonnie Fisher, a University of Cincinnati professor who consulted on 2/22/25, 5:30 20% of women surveyed at say they've experienced sex assault 1/4 the survey officials said it will provide a benchmark to compare with peer institutions. Overall, reporting rates of rape were low \u2014 ranging from 5 to 28 percent. The aggregate national rate was nearly one in four female undergraduates \u2014 around 23 percent relatively small percentage \u2014 28 percent or less nationally \u2014 of the most serious incidents were reported to the campus Title officer or law enforcement. At that rate was 25.9 percent. More than 50 percent nationally who said they were victims of nonconsensual sex didn\u2019t report it because they thought it wasn\u2019t serious enough. Others said they were too embarrassed or felt there would be repercussions or social shaming if they reported. Another concern of the survey was the low response rate. The national rate of 19.3 percent was lower than expected, said David Cantor, vice president of Westat, the social science research firm that helped design and execute the survey. Other surveys cited have rates from 30 percent to 86 percent. \u201cOur analysis is it doesn\u2019t have a big effect on the main estimates,\u201d Cantor said. \u201cNineteen percent can still provide good estimates of what you are trying to develop policy around.\u201d An even smaller percentage of students responded \u2014 17 percent of the 12,000 sent out randomly subset of 6,000 students selected were offered $5 Amazon gift cards to encourage their participation. Twenty-four percent of those who got the card filled out the survey, compared to only 9 percent of those who received no incentive. Loschiavo said he would have to take a closer look at the data for accuracy, but the bigger numbers conform with other survey data. Nationally, higher rates of assault or misconduct were reported by women and those identifying themselves as transgender, genderqueer, non-conforming, or questioning, or a category not listed on the survey. The same was true at \u2014 17.6 percent of those at identifying as compared to 10.6 percent of those who said they were straight. Nationally, the rate of undergraduates who said they were assaulted was around 24 percent. 2/22/25, 5:30 20% of women surveyed at say they've experienced sex assault 2/4 Conversely, the rate of undergraduate men reporting sexual assault was low \u2014 3 percent for and 5 percent nationally. \u201cMost men don\u2019t see this as a problem they face,\u201d Loschiavo said. One encouraging statistic, Loschiavo said, is that 67.5 percent of students said that reports of sexual assault or misconduct \u201cwould be taken seriously by campus officials\u201d and 60 percent said university officials would put the safety of those students first. The data will help UF\u2019s Title committee to identify gaps in its procedures for reporting and reviewing incidents of sexual assault and harassment. \u201cWe have been working hard to encourage students to report their experiences so that we can both provide support to the survivor and address the behavior,\u201d Loschiavo said. One thing may be to focus more on the idea that the offender is more likely to be a friend or acquaintance, he said covers sexual assault and harassment during freshman orientation, and provides training throughout the academic year. It also has outreach through its Matter We Care program, the Counseling and Wellness Center (Sexual Trauma/Interpersonal Violence Education) and other services, and has been encouraging students to look out for one another is also launching the \u201cIt\u2019s On Us\u201d White House campaign against sexual violence. Another area of concern has to do with bystander reactions. At UF, 45.8 percent of students said they saw someone go off under the influence to have sex with someone else, but 79.6 percent said they did nothing to stop it. Nationally, 44.4 percent said they watched a drunk student go off to have sex, and 77 percent said they didn\u2019t stop it President Hunter Rawlings said during a Monday morning teleconference that he hoped the climate survey can help administrators understand student attitudes and experiences that could then lead to improving campus policies and proceedings, he said. The survey results should not only be used to reduce the number of incidents of sexual violence but also to increase reporting, he said, and to ensure that such reports are handled with care and compassion and bring about a prompt review and resolution. \u201cThe purpose is to enhance the safety of students on our campuses,\u201d Rawlings said. Mollie Benz Flounlacker, Associate Vice President for Federal Relations for the AAU, said that the is committed to working with congress on the Campus Accountability And 2/22/25, 5:30 20% of women surveyed at say they've experienced sex assault 3/4 Safety Act, Sen. Kirsten Gillibrand\u2019s bill to boost student safety and institutional accountability. About 124 colleges and universities are currently under investigation for allegations of Title violations related to their handling of sexual assault complaints. Universities and colleges that receive federal funding are supposed to report the number of campus assaults each year. The is concerned that the current legislation mandates how climate surveys would be drafted. The wants to give universities and colleges some leeway in how they draft their surveys, as long as they are credible, accurate and useful to the public. \u201cWe are looking forward to working with members to get this right in the legislation,\u201d Flounlaker said. 2/22/25, 5:30 20% of women surveyed at say they've experienced sex assault 4/4", "7712_104.pdf": "fired official involved in the Antonio Callaway case By Claire McNeill Times staff Published Sept. 29, 2016 Gators wide receiver Antonio Callaway (81) was cleared in a sexual assault investigation at the University of Florida. But Chris Loschiavo, a school official involved in the case, has been fired, school officials disclosed Sept. 28, 2016 did not give a reason for the dismissal and declined to say whether it was related to Callaway's case \| Times] Donate Menu Subscribe Subscribe 2/22/25, 5:31 fired official involved in the Antonio Callaway case 1/7 \u2014 The University of Florida has fired one of its deputy Title coordinators and is conducting an internal investigation, according to school officials. The termination was laid out in an Aug. 23 letter to Chris Loschiavo, who also served as associate dean of student affairs and director of student conduct and conflict resolution. It came a few weeks after Gators wide receiver Antonio Callaway was cleared in a high-profile sexual assault investigation \u2014 a case in which Loschiavo was involved But the university did not provide a reason for the dismissal, said spokeswoman Janine Sikes. Callaway's attorneys had raised concerns about Loschiavo in letters to officials. His outside consulting work with the National Center for Higher Education Risk Management piqued conflict of interest questions, they wrote. They argued that his role as \"the investigator, the prosecutor and the judge\" in the case gave the Gator star a raw deal. And they lamented that Callaway's counter-complaint \u2014 which paints Callaway himself as the victim of sexual assault, owing to his lack of sobriety \u2014 hasn't been taken seriously. Sikes could not comment on whether the complaints raised by the Johnson & Osteryoung law firm were related to Loschiavo's firing. Loschiavo was set to hear Callaway's case in August, according to emails obtained by the Tampa Bay Times. But on July 1, an email from said a third-party Donate Menu Subscribe Subscribe 2/22/25, 5:31 fired official involved in the Antonio Callaway case 2/7 arbitrator would be hearing the case instead. Jacksonville lawyer and Gators booster Jake Schickel was later appointed. Attorneys for the complainant cried foul, asking Schickel to withdraw. Callaway's attorneys didn't object to Schickel's appointment, but instead wrote that the case had been \"corrupted\" long before that, owing to Loschiavo's involvement. \"The University continues to treat Mr. Callaway's life with reckless disregard for his future by failing to provide him due process and fundamental fairness,\" wrote Huntley Johnson The university stood by Schickel. He cleared Callaway after an early August hearing. Loschiavo began working at in May 2007 after nearly a decade at the University of Oregon. His biography has been removed from the website. At UF, he worked under Dean of Students Jen Day Shaw. Yearly performance reports showed consistent \"exceptional\" reviews, according to his personnel file. In financial disclosures, Loschiavo reported that he received up to $6,000 per day for consulting with when requested 55th Annual Raymond James Gasparilla Festival of the Arts By Gasparilla Festival of the Arts Donate Menu Subscribe Subscribe 2/22/25, 5:31 fired official involved in the Antonio Callaway case 3/7 Deputy Managing Editor/Enterprise Florida teachers remind immigrant students to look past barriers Yesterday \u2022 The Education Gradebook Straz Center expands arts education with tap dance program Yesterday \u2022 Entertainment The termination letter says Loschiavo was paid $26,818.28 for the wages he would have earned in a three-month notice period wish you well in your future endeavors,\" wrote David W. Parrott, vice president for student affairs. Norb Dunkel, who has been with the university for nearly three decades, has been named the new deputy Title coordinator for student affairs. With several other new appointments, including a new Title director, Sikes said changes may be afoot in the university's approach to Title IX. \"With these individuals now in place they will bring whatever ideas they have to the table,\" Sikes said expect we will see some changes based on their own expertise.\" Contact Claire McNeill at [email protected] or (727) 893-8321. Donate Menu Subscribe Subscribe 2/22/25, 5:31 fired official involved in the Antonio Callaway case 4/7 outlines plans for upcoming presidential search Yesterday \u2022 The Education Gradebook Pasco schools plan to add walls to 700 open classrooms Yesterday \u2022 The Education Gradebook Florida voucher group wins state approval after changing course on payments Yesterday \u2022 The Education Gradebook Long-struggling Tampa charter school shuts its doors Feb. 19 \u2022 The Education Gradebook Florida schools seek hurricane relief as lawmakers prepare budgets Feb. 19 \u2022 The Education Gradebook Pasco County middle school is getting a new principal Feb. 18 \u2022 The Education Gradebook Pinellas schools aim to recoup millions spent on hurricanes Feb. 18 \u2022 The Education Gradebook will search for new president. Here\u2019s what to expect. Feb. 18 \u2022 The Education Gradebook Donate Menu Subscribe Subscribe 2/22/25, 5:31 fired official involved in the Antonio Callaway case 5/7 Contact Help Chat Customer Service Submit a News Tip Contact Account Digital access Home delivery Newsletters Manage my account Donate Subscriber e-Newspaper e-Newspaper App About Times Publishing Company About us Connect with us Careers Advertise Times Total Media Media Kit Place an ad Public Notices Classifieds Best of the Best Local Ads Donate Menu Subscribe Subscribe 2/22/25, 5:31 fired official involved in the Antonio Callaway case 6/7 Shop Champa Bay Shop Bucs Hardcover Book Lightning Hardcover Book Photo Reprints Article Reprints Article Licensing Historic Front Pages Meeting Backgrounds More News in Education Expos Homes Sponsored Content Special Sections Apps Podcasts Archives \u00a9 2025 All Rights Reserved Times Publishing Company Privacy Policy Menu Subscribe Subscribe 2/22/25, 5:31 fired official involved in the Antonio Callaway case 7/7", "7712_105.pdf": "official fired following complaints Chris Loschiavo was handling football player's sexual assault investigation Nicole Wiesenthal Correspondent Published 4:19 p.m Oct. 9, 2016 Updated 8:16 a.m Oct. 10, 2016 The University of Florida fired a high-ranking student affairs official and Title coordinator three months before his contract could be renewed after attorneys for a prominent athlete complained the administrator held too much power in meting out student discipline. Chris Loschiavo, associate dean of student affairs since 2007, was fired in an Aug. 23 letter, his personnel file shows few weeks before, the attorneys involved in football player Antonio Callaway\u2019s sexual assault investigation complained to officials about Loschiavo\u2019s handling of the case. The Johnson & Osteryoung law firm sent a complaint about Loschiavo to the University of Florida July 28. Shortly after, Loschiavo was dismissed from the case, and a third-party hearing officer, Jake Schickel, a booster for both the Gators\u2019 football and basketball teams, ruled that Callaway was not responsible for sexual assault, sexual misconduct or conduct causing physical injury, during a December incident in Callaway\u2019s apartment. The lawyers complained that Loschiavo was too involved in the case. \u201cWe were instructed by Chris Loschiavo to direct all inquiries to Mr. Loschiavo,\u201d the letter read. \u201cTherefore Mr. Loschiavo was de facto in charge of the ongoing operations.\u201d The University Office of Internal Audit is looking into Loschiavo's role, said spokeswoman Janine Sikes. When the university receives a report of a student or employee violating the conduct code or even the law, university leadership has the power to impose disciplinary action. Conduct committees operate independently of the legal system panel of faculty and students 2/22/25, 5:31 official fired following complaints 1/3 investigates the claim and reviews documentation from both the alleged victim and alleged perpetrator. When a conduct committee finds a student \"responsible\" for sexual assault, there\u2019s a much lower standard of evidence than is required by a court of law, and the stakes are lower as well. At UF, the committee uses a preponderance-of-evidence test rather than the reasonable doubt standard used in a criminal court. And a student before the conduct committee can face suspension or expulsion, not jail time or a criminal record. Suspension lasts until the assault victim graduates and remains on the guilty student\u2019s records during that time. Expulsion goes on the student\u2019s permanent record. Laura Dunn, the executive director of SurvJustice, a Washington, D.C.-based nonprofit that offers lawyers and training to survivors of sexual assault, said the conduct committee process is new in many places, and right now, there\u2019s no one recommendation for how a school should conduct a student conduct hearing lot of schools are trying different things out, and there has not been a lot of research,\u201d she said. \u201cThey\u2019re trying to figure out which are the best models, but there\u2019s not a definitive answer to protect students against sexual assault.\u201d She recommends schools follow the guidelines provided by NotAlone, a program launched in connection with the White House Task Force to Protect Students from Sexual Assault. NotAlone.gov says the conduct committee should appoint an investigative team, ensure cases are handled in a timely manner, monitor compliance with timelines and maintain information, among other things. In Loschiavo\u2019s job evaluation for April 2015 to March 2016, his assessor ranked his strategic planning and productivity as exceptional, the highest-possible rating. He received an overall ranking of exceptional. Loschiavo, who could not be reached for comment, was supervised by Dean of Students Jen Day Shaw. When he was still at UF, he previously said his department worked to complete all investigations within 60 days, though sometimes cases took longer if victims didn't respond quickly. His staff of four handled about 2,300 cases annually and all the cases were funneled through him. Callaway's attorneys pointed to that as evidence that Loschiavo had too much power in reviewing student disciplinary cases. 2/22/25, 5:31 official fired following complaints 2/3 \u201cChris Loschiavo was the Investigator, the Prosecutor and the Judge for an extended period of time during this investigation,\u201d Callaway\u2019s lawyers wrote. Similar complaints have been lodged before. In November 2015, a freshman sued the school after the committee found him responsible for sexual assault and \u201cintentional intimate touching of another without the consent of the other person or in circumstances in which the person is unable, due to age, disability, or alcohol/chemical or other impairment, to give consent.\u201d The committee gave the former freshman a long-term suspension, in effect until the complainant graduated. The freshman was banned from campus for the duration of that suspension and given a no-contact order with the woman he\u2019d been charged with assaulting. Evidence against the man included photos of bruises on the woman\u2019s breasts, texts in which she said she\u2019d been raped. According to records, she lost 20 pounds and had unexpected panic attacks. The man's lawsuit argued that the rules of the hearing weren't enforced equally and were tilted unfairly against him. His lawyer wrote: \u201cTo say that this structure is inherently flawed is an understatement. There is no impartiality. Conflicts abound with the result being that no student can ever actually receive a fair hearing.\" Loschiavo will be replaced by Norb Dunkel, the associate vice president and director of housing and residence education at UF, Sikes said. There is a new vice president who started in June and a new Title director, Sikes said, but it's too soon to know if other changes will be made. \"Both bring vast experience and expertise to the table, and so it's possible they will make adjustments,\" Sikes said. 2/22/25, 5:31 official fired following complaints 3/3", "7712_106.pdf": "Home > Florida Gators > Report: Florida fires Title official involved in Antonio Callaway Ad Disclosure The University of Florida has reportedly made changes to its Title department in wake of the Antonio Callaway investigation, as director of student conduct and conflict resolution Chris Loschiavo was let go following his involvement in the case. According to Claire McNeil of the Tampa Bay Times, Loschiavo received notice of his termination from Florida on Aug. 23. Following a lengthy Title investigation, Callaway was found not responsible for sexual assault, sexual misconduct or conduct causing physical injury in late August. Florida Gators Report: Florida fires Title official involved in Antonio Callaway case By Michael Wayne Bratton Published: Sep 29, 2016 \u00b7 8:37 2/22/25, 5:31 Report: Florida fires Title official involved in Antonio Callaway case - Saturday Down South 1/8 The university did not clarify the specific reason for Loschiavo\u2019s dismissal. However, Callaway\u2019s attorneys had raised concerns about unfair treatment from Loschiavo during the investigation and accused him of creating a conflict of interest by seeking outside counseling. Callaway himself filed a counter- complaint during the investigation, something his attorneys note was not taken seriously by Loschiavo. Loschiavo was scheduled to be the one to hear Callaway\u2019s case in August but was removed from the position upon the complaints filed against him by Callaway\u2019s attorneys. The attorneys argued Loschiavo\u2019s involvement \u201ccorrupted\u201d the case. Loschiavo had been an employee at Florida since May of 2007 and came after a lengthy career at the University of Oregon. Michael Wayne Bratton graduate of the University of Tennessee, Michael Wayne Bratton oversees the news coverage for Saturday Down South. Michael previously worked for Sports and NFL.com You might also like... 2/22/25, 5:31 Report: Florida fires Title official involved in Antonio Callaway case - Saturday Down South 2/8 College Baseball Baseball Week 2 Power Rankings pitchers impress Football Kalshi Promo Code SDS: Get $10 Signup Bonus for New Users Sleeper Fantasy Promo Code SOUTHXL: Play $5, Get $55 bonus cash (Feb. 2025) 2025 2/22/25, 5:31 Report: Florida fires Title official involved in Antonio Callaway case - Saturday Down South 3/8 Football The 10 players that are Round 1 locks in the 2025 Draft Connor O'Gara \u2022 Feb 21, 2025 College Baseball College Basketball Basketball Preview: Ranking every game for Saturday, Feb. 22, men\u2019s hoops slate Adam Spencer \u2022 Feb 21, 2025 2/22/25, 5:31 Report: Florida fires Title official involved in Antonio Callaway case - Saturday Down South 4/8 baseball Week 2 power rankings: Returners have Florida State off to a blazing start Brett Friedlander \u2022 Feb 20, 2025 College Football Ranking the 12 best college football matchups in the first month of the 2025 season Derek Peterson \u2022 Feb 20, 2025 Techno Mag \| Sponsored War Thunder \| Sponsored Play War Thunder now for free Fight in over 2000 unique and authentic Vehicles. 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8,412	Jai Nitz	University of Kansas	[ "8412_101.pdf" ]	{"8412_101.pdf": "By Meagan Damore \u2013 Apr 1, 2019 Comic book writer Jai Nitz has been accused of sexual assault. In a post to University of Kansas blog Her Campus, a former student shared her story about an encounter with Nitz. According to the student's account, she met the writer, best known for co-creating Suicide Squad member El Diablo, when he was invited to speak to her journalism class. After they followed each other on Twitter, they agreed to meet up for drinks, where the alleged incident occurred. \"He asked multiple times if was going to kiss him at the end of the night told him no, that it was beyond my comfort level. He asked if I\u2019d go out with him again, and turned him down,\" she wrote, among other details. \"He asked if was sure. He was going to the strip club could come with him reiterated my answer and opened Comics Writer Jai Nitz Accused of Sexual Assault \ue9c6Like X-Men batman/superman challengers of the\u2026 Amazing Spider-Man marvel comics Justice League \ue97dFollow jai nitz \ue940 \ue96a 2/22/25, 5:31 Jai Nitz Accused of Sexual Assault 1/4 my car door felt relief wash over me as sat down in the driver\u2019s seat. His hand was on the top of the door and he called my name. Reflexively turned my head and he forced his mouth on mine.\" Later, the student filed a Title complaint over the incident and was told \"that the school of journalism wouldn\u2019t be inviting Jai back.\" The incident occurred in March 2017. Since she shared her story, Nitz has deleted his personal Twitter account. On Saturday, he left Planet ComicCon, where he had been tabling, and did not return. GraphicPolicy reports that Dark Horse Comics has launched an investigation into the matter. When asked for comment, the publisher -- which currently releases Nitz's series Astro Hustle -- responded, \u201cDark Horse takes all misconduct allegations very seriously. We will investigate these allegations further.\u201d The final issue of Nitz's current Comics series, Suicide Squad: Black Files, releases this week. Comic News Comics jai nitz \ue9c6Like \uf064Share \ue97dFollow Link copied to clipboard 2/22/25, 5:31 Jai Nitz Accused of Sexual Assault 2/4 Gambit's Best Love Interests, Ranked By Romantic Chemistry X-Men's Remy LeBeau, aka Gambit, is a famous thief and lover, and over the years, he has had many memorable relationships for readers to\u2026 2 days ago \ue97e Superman Has a New Lover \u2013 And She Isn\u2019t Lois Lane The Man of Steel's latest romance calls back to one of the most classic Superman sagas of all time, and it might get him killed. 2 days ago \ue97e2 DC's Justice League Is Going to War One of DC's most underrated super teams could be the beginning of the end for the Justice League Unlimited, and they aren't wrong to lash\u2026 2 days ago \ue97e Spider-Man Just Died Marvel's \"Eight Deaths of Spider-Man\" might be ending early, and all because Peter Parker gave up his only hope of coming back from the dead. 2 days ago \ue97e3 Marvel Crossover Confirmed and Marvel have confirmed that they will have their first inter-company crossover in over two decades 10 Best Justice League Members You've Never Heard Of The Justice League has had so many members that it's impossible to keep track of them all, with some quickly becoming forgotten heroes. Link copied to clipboard 2/22/25, 5:31 Jai Nitz Accused of Sexual Assault 3/4 Join Our Team Our Audience About Us Press & Events Contact Us Follow Us \uf16a \uf09a \uf16d \ue95d \ue910 \ue919 Advertising Careers Terms Privacy Policies is part of the Valnet Publishing Group Copyright \u00a9 2025 Valnet Inc. 12 hours ago \ue97e3 11 hours ago \ue97e Link copied to clipboard 2/22/25, 5:31 Jai Nitz Accused of Sexual Assault 4/4"}
7,404	Robert Reynolds	Kutztown University	[ "7404_101.pdf", "7404_102.pdf" ]	{"7404_101.pdf": "From Casetext: Smarter Legal Research People v. Reynolds (In re Det. of Reynolds Sep 25, 2020 2020 App (4th) 190806 (Ill. App. Ct. 2020) Copy Citation Download Check Treatment Meet CoCounsel, pioneering that\u2019s secure, reliable, and trained for the law. Try CoCounsel free NO. 4-19-0806 09-25-2020 In re the REYNOLDS, a Sexually Violent Person (The People of the State of Illinois, Petitioner-Appellee, v REYNOLDS, Respondent-Appellant delivered the judgment of the court Sign In Search all cases and statutes... Opinion Case details 2/22/25, 5:32 People v. Reynolds (In re Det. of Reynolds), 2020 App (4th) 190806 \| Casetext Search + Citator 1/12 This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule 23(e)(1). Appeal from the Circuit Court of Sangamon County No. 12MR721 Honorable Leslie J. Graves, Judge Presiding delivered the judgment of the court. Presiding Justice Steigmann and Justice DeArmond concurred in the judgment \u00b6 1 Held: The evidence was sufficient to establish respondent suffered from a mental disorder, as defined under the Sexually Violent Persons Commitment Act (725 207/1 et seq. (West 2010)). \u00b6 2 In 2005, respondent, Robert Reynolds, entered a plea of guilty but mentally ill to the charge of aggravated criminal sexual assault (720 5/12-14(a)(1) (West 2000)). The State subsequently petitioned to have respondent adjudicated a sexually violent person under the Sexually Violent Persons Commitment Act (Act) (725 207/1 et seq. (West 2010)). After a bench trial, the trial court found respondent met the criteria to be considered a sexually violent person and committed him to a secure treatment and detention facility in the custody of the Department of Human Services (DHS). On appeal, respondent argues the State failed to establish beyond a reasonable doubt that he suffers from a mental disorder as defined by the Act. We affirm. 2 2 \u00b6 3 \u00b6 4 In 2005, respondent was convicted of aggravated criminal sexual assault (720 5/12-14(a)(1) (West 2000)) for conduct that occurred in 2002. In 2012, the State petitioned to have respondent adjudicated a sexually violent person under the Act (725 207/1 et seq. (West 2010)). 2/22/25, 5:32 People v. Reynolds (In re Det. of Reynolds), 2020 App (4th) 190806 \| Casetext Search + Citator 2/12 \u00b6 5 In October 2018, the trial court held a bench trial on the State's petition. Three witnesses testified as experts in the field of sex offender diagnosis, treatment, and risk assessment. Two of these witnesses testified on behalf of the State, and one witness testified on behalf of respondent. Both parties entered into evidence the written evaluations prepared by their respective expert witnesses and their witnesses' curricula vitae. Additionally, at the State's request, the court took judicial notice of a certified copy of respondent's 2005 plea of guilty but mentally ill to the charge of aggravated criminal sexual assault. \u00b6 6 The first expert witness who testified on behalf of the State was Dr. Tetyana Kostyshyna. According to Dr. Kostyshyna, she conducted a sexually violent person evaluation of respondent to determine if he \"ha[d] a mental disorder leading to sexual re-offending, and what * his risk level [was].\" During Dr. Kostyshyna's evaluation, she interviewed respondent and reviewed his \"criminal history, police records, court records, [ ] victim statements, and previous psychosexual reports[,]\" all of which were \"commonly relied upon in [her] field\" for purposes of conducting a sexually violent person evaluation. \u00b6 7 Dr. Kostyshyna testified regarding respondent's criminal history. She characterized his criminal activity as \"chronic,\" noting respondent committed his first offense when he was 17 years old and had been arrested 57 times. Dr. Kostyshyna testified seven of respondent's prior arrests had been for sexual misconduct. According to Dr. Kostyshyna, respondent's first instance 3 3 of reported sexual misconduct occurred in 1990 when he offered a woman he met on the street a ride in his car and, instead of taking the woman to her destination, took her to his house where, for the next several hours, he and another male \"[took] turns having penis-to-vaginal sexual intercourse with her[ ]\" even while the victim \"resist[ed]\" and \"scream[ed].\" Respondent's second \"cycle of sexual offending\" occurred in 1992 when, at a female acquaintance's apartment, respondent suddenly \"grab[bed] the victim[,]\" \"bit[ ] her shoulders[,]\" \"threw her on the bed and started to touch her 2/22/25, 5:32 People v. Reynolds (In re Det. of Reynolds), 2020 App (4th) 190806 \| Casetext Search + Citator 3/12 private areas and trying to undress her.\" Respondent only stopped when he noticed the victim's young daughter was watching the assault. Respondent's third arrest for sexual misconduct occurred in 1993 when respondent drove a female to a park and \"forced penis-to-vagina sexual intercourse\" with her even while she \"resist[ed] and kick[ed] and scream[ed][.]\" Respondent's fourth and fifth arrests for sexual misconduct involved minor children, three of whom were the children of respondent's girlfriend. According to Dr. Kostyshyna, over the course of seven months, respondent digitally penetrated the vagina and anus of a six-year-old girl, performed oral sex on her, and sexually touched her. Respondent also digitally penetrated the vagina of a seven-year-old girl, attempted to have vaginal intercourse with her, sexually touched her, and performed oral sex on her. Additionally, respondent forced the girls' 11-year-old brother to perform oral sex on him. In a separate incident, respondent digitally penetrated a 13-year-old girl, threatened her with a knife, and then touched the genitalia of another 13- year-old girl. In 1994, respondent broke into a woman's home, \"[held] her down down and force[d] penis-to-vagina sexual intercourse on her.\" Finally, Dr. Kostyshyna recounted the facts leading up to his 2005 conviction for aggravated criminal sexual assault. According to Dr. Kostyshyna, in 2002, respondent attempted to force a woman to have sex with him by threatening to stab her with a pair of scissors. Although respondent's conduct resulted in only two sex offense convictions, Dr. 4 4 Kostyshyna considered all of the described instances relevant as evidence of a \"pattern[ ] of how [respondent] interacts with [a] victim[.]\" \u00b6 8 Dr. Kostyshyna also testified regarding respondent's history of consensual sexual activity. Respondent had been in a relationship with a woman for 10 years and, during at least part of that time, was married to the woman. However, respondent's relationship and marriage were \"marked with a lot of conflict, a lot of domestic violence, and there was a lot of illegal activity going on in this relationship[,]\" including prostitution and drug use. According to Dr. Kostyshyna, respondent was \"responsible for the money earned through * prostitution\" and had told Dr. Kostyshyna he \"wanted to keep the [prostitutes] * happy[,] * mak[e] sure that they [were] safe[,] 2/22/25, 5:32 People v. Reynolds (In re Det. of Reynolds), 2020 App (4th) 190806 \| Casetext Search + Citator 4/12 [and] * [had] sex with them to make them emotionally content so they d[id]n't compete with each other for his attention.\" \u00b6 9 After interviewing respondent and reviewing his history, Dr. Kostyshyna consulted the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition (DSM-V), the \"most current diagnostic manual\" in her field. She diagnosed respondent with \"otherwise specified paraphilic disorder nonconsent [(OSPD)][,]\" \"pedophilic disorder nonexclusive attracted to both [(pedophilic disorder)][,]\" \"antisocial personality disorder[,]\" and \"stimulant use disorder *** for cocaine [in a controlled environment.]\" Dr. Kostyshyna classified and pedophilic disorder as mental disorders leading to sexual re-offending. She also testified that, while antisocial personality disorder and stimulant use disorder alone did not constitute mental disorders leading to sexual re-offending, when combined with and pedophilic disorder, they \"increase the risk.\" \u00b6 10 According to Dr. Kostyshyna, paraphilia is \"an intense sexual preoccupation with some sort of outside-the-norm sexual idea or object\" and, \"when there is a distress to the person 5 5 who's engaging in it or some kind of impairment from that ** sexual interest, it becomes paraphilic disorder.\" Dr. Kostyshyna classified respondent's paraphilic disorder as \"nonconsent\" because respondent \"engaged in multiple incidents of forcing intercourse, causing injuries, and still being able to remain erect and ejaculate during some of the acts\" and because two of the incidents \"involved weapons.\" This demonstrated to Dr. Kostyshyna that respondent's \"arousal is maintained when the victim is in distress, is screaming, is asking for help and to stop\" and that respondent was \"completely aware that the victim [was] not enjoying the act[.]\" Dr. Kostyshyna further explained pedophilic disorder involves \"sexual urges, sexual fantasies or behaviors in relation to having sexual activities with children\" that begins when the person is 16 years old and more than 5 years older than the child. The \"nonexclusive\" classification indicated that respondent was \"capable of developing a relationship with an adult.\" Dr. 2/22/25, 5:32 People v. Reynolds (In re Det. of Reynolds), 2020 App (4th) 190806 \| Casetext Search + Citator 5/12 Kostyshyna based her diagnosis on respondent's sexual conduct involving children. \u00b6 11 Dr. Kostyshyna testified the four disorders which she diagnosed respondent as suffering were the same ones identified in a 2012 evaluation performed by the State's second expert witness, Dr. Kimberly Weitl. Dr. Kostyshyna also testified that in Dr. Weitl's revised evaluation, performed in 2017, Dr. Weitl diagnosed respondent with sexual sadism instead of and pedophilic disorder. Dr. Kostyshyna did not consider her diagnosis of and Dr. Weitl's diagnosis of sexual sadism incompatible. Rather, Dr. Kostyshyna classified sexual sadism as a \"higher standard of nonconsent[,]\" explaining and sexual sadism are \"on a spectrum[,]\" with sexual sadism being \"the most extreme part of the same continuum.\" Dr. Kostyshyna explained the distinction between the two disorders depended on the \"brutality, injury, and humiliation\" involved in a person's offenses, although \"[s]adism is not too far from nonconsent.\" Dr. Kostyshyna did not consider respondent's criminal acts sufficient to support a diagnosis of 6 6 sexual sadism; rather, she believed his conduct evinced the \"lower degree\" of the \"continuum from nonconsent to sexual sadism.\" \u00b6 12 Dr. Kostyshyna also testified regarding a \"[penile] plethysmograph\" (PPG) examination that had been administered to respondent. Dr. Kostyshyna explained a exam assesses a person's sexual arousal by measuring the person's physical response to images and sounds of sexually- suggestive material. According to Dr. Kostyshyna, in the given to respondent, he was presented with images and sounds of \"muted sadism[,]\" \"sadistic overt[,]\" \"consenting female initiated[,]\" and other sexually- suggestive profiles. The indicated respondent demonstrated the highest level of sexual arousal to images and sounds of consensual sexual intercourse. Although the results of respondent's indicated the examination had been \"valid[,]\" Dr. Kostyshyna testified the entire test was \"invalid\" because respondent did not reach a \"significant level\" of arousal to any of the images he was shown. 2/22/25, 5:32 People v. Reynolds (In re Det. of Reynolds), 2020 App (4th) 190806 \| Casetext Search + Citator 6/12 \u00b6 13 Dr. Kostyshyna also assessed the likelihood that respondent would commit a future sex-based offense by reviewing his \"adjusted actuarial.\" Dr. Kostyshyna assessed respondent's likelihood to reoffend first by utilizing two \"actuarial measures,\" the STATIC-99R and the STATIC-2002R, both of which were \"commonly used in [her] field[.]\" She explained the STATIC- 99R assesses an offender's likelihood to reoffend based on 10 factors, such as \"how many previous sex offenses the person has[,]\" and the STATIC-2002R assesses an offender's likelihood to reoffend based on other factors. On both measures, respondent scored \"in the highest range.\" In assessing respondent's likelihood to reoffend, Dr. Kostyshyna also considered several \"dynamic risk factors\" such as his \"sexual preoccupation,\" as evidenced by his claim to have had \"700 sex partners\" and to have had \"daily sex with his wife\" while also \"engag[ing] in sex with his sex workers\" and \"commit[ing] sexual offenses against adults and children[.]\" Based on all of this 7 7 information, Dr. Kostyshyna opined it was \"substantially probable that [respondent] [would] commit sexual acts of violence in the future[.]\" \u00b6 14 The State next called Dr. Weitl. Dr. Weitl testified that, based on the interview she conducted with respondent, as well as her review of records related to his case, respondent suffered from two mental disorders, as defined by the Act: \"sexual sadism [disorder] in a controlled environment\" and \"antisocial personality disorder.\" \u00b6 15 According to Dr. Weitl, \"[s]exual sadism is when an individual is sexually aroused when their sexual partner suffers from physical or psychological pain.\" Dr. Weitl determined respondent suffered from sexual sadism disorder because \"[h]is criminal history demonstrates over and over him using excessive force beyond what's necessary to gain compliance\" and \"he maintained arousal while causing this kind of suffering.\" \u00b6 16 Dr. Weitl explained the difference between and sexual sadism. According to Dr. Weitl, \"[OSPD] is a more general type of disorder that just requires that this person is * aroused to sex with a nonconsenting person, where sexual sadism is more specific in that it's not just a nonconsenting partner, it's the physical and psychological suffering of the nonconsenting 2/22/25, 5:32 People v. Reynolds (In re Det. of Reynolds), 2020 App (4th) 190806 \| Casetext Search + Citator 7/12 partner.\" Dr. Weitl continued, \"both * disorders describe [respondent's] behavior. Sexual sadism just describes it more specifically. [OSPD] would still be accurate. He still is aroused by nonconsenting partners, but sexual sadism is a better way to describe his specific behavior.\" Similarly, Dr. Weitl testified \"pedophilic disorder could be used; there's sufficient evidence of that disorder\" but \"sexual sadism better *** describes his behavior.\" Dr. Weitl testified, although she had diagnosed respondent with and pedophilic disorder in her 2012 evaluation, there had been a change in the diagnostic manual since that date and, under the DSM-V, she now considered her diagnosis of sexual sadism disorder appropriate. 8 8 \u00b6 17 Dr. Weitl acknowledged respondent had been given a test and, on that evaluation, respondent scored highest in the \"consenting female initiated\" category. However, Dr. Weitl testified that \"none of the responses on the ** reached a significant level[.]\" \u00b6 18 Dr. Weitl also utilized the STATIC-99R measure to assess the likelihood that respondent would commit an additional sex-based offense. Respondent scored \"in the highest risk category\" on that assessment. Based on the results of the STATIC-99R, as well as additional risk factors, Dr. Weitl determined it was \"substantially probable [respondent would] commit further acts of sexual violence.\" \u00b6 19 Respondent called Dr. Lesley Kane to testify. Like the State's witnesses, Dr. Kane conducted an interview with respondent, reviewed his sexual history, and prepared an evaluation containing her findings. Based on her assessment, Dr. Kane opined that respondent suffered from \"alcohol use disorder[,]\" \"cannabis use disorder[,]\" \"stimulant use disorder, specifically cocaine[,]\" \"antisocial personality disorder[,]\" and \"bipolar disorder[,]\" none of which, in her opinion, qualified as a \"a mental disorder pursuant to the Act[.]\" \u00b6 20 Dr. Kane did not believe respondent suffered from OSPD, pedophilic disorder, or sexual sadism disorder. Regarding OSPD, Dr. Kane noted, \" [w]ith [respondent], when there is some resistance, a lot of times he has walked away or given up.\" Based on her review of respondent's criminal 2/22/25, 5:32 People v. Reynolds (In re Det. of Reynolds), 2020 App (4th) 190806 \| Casetext Search + Citator 8/12 history, Dr. Kane opined respondent's \"initial instinct is to try and persuade [the victim] and get them to consent [to sex] and when they don't [he] either walks away, or in [the 2002 case], he acted.\" Dr. Kane did not believe respondent suffered from sexual sadism disorder because \"there [was no] strong evidence of [respondent] becoming aroused off the humiliation or suffering, pain and suffering of another individual.\" Similarly, she did not believe there was enough evidence of pedophilia, noting \"the majority of [respondent's] sex partners were 9 9 females his age\" and the offense involving the six and seven-year-old girls was \"opportunistic\" rather than demonstrative of \"a pattern of attraction to prepubescent children.\" \u00b6 21 After the presentation of evidence, the trial court found respondent \"m[et] the statutory criteria for civil commitment of a sexually violent person.\" The court first found respondent had been convicted of a sexually violent offense. It next found the testimony of Dr. Kostyshyna was \"the most compelling\" and accepted her \"diagnostic conclusions * that [respondent] [was] at risk to commit further acts of violent sexual acts because of the OSPD, the pedophilic disorder nonexclusive attracted to both, [and the] antisocial personality disorder[.]\" \u00b6 22 The trial court subsequently committed respondent to a secure treatment and detention facility in the custody of DHS. \u00b6 23 This appeal followed. \u00b6 24 \u00b6 25 On appeal, respondent argues the State failed to establish beyond a reasonable doubt that he suffers from a mental disorder as defined by the Act. \"When a respondent appeals a finding that he is a sexually violent person, a reviewing court considers whether any rational trier of fact, when viewing the evidence in the light most favorable to the State, could find the elements of the Act beyond a reasonable doubt.\" In re Commitment of Lingle, 2018 App (4th) 170404, \u00b6 62, 103 N.E.3d 564. 2/22/25, 5:32 People v. Reynolds (In re Det. of Reynolds), 2020 App (4th) 190806 \| Casetext Search + Citator 9/12 \u00b6 26 To establish an individual is a sexually violent person under the Act, the State is required to prove, beyond a reasonable doubt: (1) the respondent \"ha[d] been convicted of a sexually violent offense\"; (2) the respondent \"suffer[ed] from a mental disorder\"; and (3) the respondent's mental disorder \"ma[de] it substantially probable that [he] will engage in acts of sexual violence.\" 725 207/5(f), 35(d) (West 2010). Under the Act, a mental disorder is \"a 10 10 congenital or acquired condition affecting the emotional or volitional capacity that predisposes a person to engage in acts of sexual violence.\" Id. \u00a7 5(b) \u00b6 27 In this case, respondent only challenges the sufficiency of the evidence that he suffers from a mental disorder under the Act. Respondent argues the expert testimony presented by the State was \"largely in conflict regarding the diagnosis of a mental disorder[.]\" He asserts because Dr. Kostyshyna \"disagreed\" with Dr. Weitl's diagnosis of sexual sadism and because Dr. Weitl did not diagnose respondent with or pedophilic disorder, the State's evidence was \"unsatisfactory\" and \"[left] reasonable doubt\" that respondent suffered from a mental disorder under the Act. \u00b6 28 Contrary to respondent's assertion, Dr. Kostyshyna's diagnosis of and pedophilic disorder was not \"in conflict\" with Dr. Weitl's diagnosis of sexual sadism. The State presented evidence that a person who suffers from is aroused by sex with a person who does not consent to the act while a person who suffers from sexual sadism disorder is aroused by the \"physical and psychological suffering\" of that nonconsenting person. Dr. Kostyshyna classified sexual sadism disorder as a \"higher standard of nonconsent\" compared to OSPD, which is on the \"lower degree\" of the \"continuum.\" She further testified \"[t]he two disorders are not far away from each other.\" Dr. Weitl testified diagnosing respondent with \"would still be accurate\" and pedophilic disorder \"could [have been] used[,]\" but she believed a diagnosis of sexual sadism described respondent's conduct \"more specifically.\" Examining the experts' testimony, it is apparent that their diagnoses are only dissimilar insofar as Dr. Weitl believed that respondent's 2/22/25, 5:32 People v. Reynolds (In re Det. of Reynolds), 2020 App (4th) 190806 \| Casetext Search + Citator 10/12 conduct supported a diagnosis of sexual sadism disorder in addition to a diagnosis of and pedophilic disorder. Accordingly, Dr. Weitl's diagnosis does not \"put[ ] Dr. Kostyshyna's diagnosis in question\" but tends to support it. 11 11 \u00b6 29 Even assuming, arguendo, that Dr. Kostyshyna's diagnosis and Dr. Weitl's diagnosis were incompatible, respondent's claim would still fail. On review, \"[w]e defer to the fact finder's assessment of the credibility of the witnesses, resolution of conflicts in the evidence, and reasonable inferences from the evidence.\" Lingle, 2018 App (4th) 170404, \u00b6 62. Here, the trial court specifically found Dr. Kostyshyna's testimony to be \"the most compelling\" and accepted her \"diagnostic conclusions[.]\" We cannot say the trial court erred in doing so. Dr. Kostyshyna testified she diagnosed respondent with and pedophilic disorder after reviewing evidence \"commonly relied upon in [her] field\" and using the \"most current diagnostic manual.\" According to Dr. Kostyshyna, both and pedophilic disorder qualify as mental disorders under the Act. On appeal, respondent does not assert Dr. Kostyshyna's opinion is incorrect except in that it was not supported by the results of the PPG, which, contrary to Dr. Kostyshyna's testimony, respondent insists was valid. The trial court discounted this argument, and we cannot say it was error to do so. \u00b6 30 Accordingly, we find, viewing the evidence in the light most favorable to the State, a rational trier of fact could have concluded beyond a reasonable doubt that respondent suffers from a mental disorder. \u00b6 31 \u00b6 32 For the reasons stated, we affirm the trial court's judgment. \u00b6 33 Affirmed. About us 2/22/25, 5:32 People v. Reynolds (In re Det. of Reynolds), 2020 App (4th) 190806 \| Casetext Search + Citator 11/12 Jobs News Twitter Facebook LinkedIn Instagram Help articles Customer support Contact sales Cookie Settings Do Not Sell or Share My Personal Information/Limit the Use of My Sensitive Personal Information Privacy Terms \u00a9 2024 Casetext Inc. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 2/22/25, 5:32 People v. Reynolds (In re Det. of Reynolds), 2020 App (4th) 190806 \| Casetext Search + Citator 12/12", "7404_102.pdf": "From Casetext: Smarter Legal Research Miller v. Kutztown Univ Dec 10, 2013 No. 13-3993 (E.D. Pa. Dec. 10, 2013) Copy Citation Download Check Treatment Delegate legal research to CoCounsel, your new legal assistant. Try CoCounsel free No. 13-3993 12-10-2013 MILLER, Plaintiff, v and REYNOLDS, Defendants STENGEL, J. Sign In Search all cases and statutes... Opinion Case details 2/22/25, 5:33 Miller v. Kutztown Univ No. 13-3993 \| Casetext Search + Citator 1/10 This is a civil rights action brought under Title against Defendant Dr. Robert Reynolds and his employer Kutztown University. The plaintiff, a former Kutztown student, alleges that Dr. Reynolds sexually harassed her while serving as her academic advisor. Dr. Reynolds moves to dismiss the counts against him. For the foregoing reasons will deny Dr. Reynolds's motion to dismiss and allow the case to proceed against him In January 2010, the plaintiff transferred to Kutztown University (Kutztown). In June 2011, she was accepted as an undergraduate honors student into the General Studies Major with her individualized program of study focusing on Pennsylvania German Family History Research. Defendant Dr. Robert Reynolds, a professor and Executive Director of the Pennsylvania German Cultural Heritage Center (PGCHC) at Kutztown, was assigned to be the plaintiff's academic advisor at that time. As part of her 2 individualized program, the plaintiff was required to work closely with Dr. Reynolds and the PGCHC. Dr. Reynolds was the instructor for much of the plaintiff's individualized coursework. 2 1 1 As a result of their advisor-advisee relationship, Dr. Reynolds became aware that the plaintiff had suffered emotional trauma from a childhood assault. Though not entirely clear from the pleadings, it appears to be of some relevance to the plaintiff's claims. In July 2011, Dr. Reynolds allegedly began to make uninvited and unwanted sexually-offensive remarks and advances towards the plaintiff. The plaintiff objected to these unwanted advances, but Dr. Reynolds continued his advances. In September 2011, during a PGCHC-sponsored event, Dr. Reynolds allegedly made several sexualized comments about the plaintiff in the presence of his male colleagues. Additionally, during a meeting at his home, Dr. Reynolds allegedly groped and kissed the plaintiff without her consent. Dr. Reynolds then allegedly threatened to commit suicide if the plaintiff reported him and threatened to sabotage her academic career if she did not give in to his sexual advances. 2 2 For example, Dr. Reynolds frequently told the plaintiff she was \"hot\" and \"sexy\" and that \"they were going to be lovers.\" Dr. Reynolds also asked the 2/22/25, 5:33 Miller v. Kutztown Univ No. 13-3993 \| Casetext Search + Citator 2/10 plaintiff to have sex with him on several occasions and to stay at his home while his family was on vacation in order to \"have sex.\" The plaintiff alleges that Dr. Reynolds sent her \"hundreds of unsolicited text messages, many of which included sexualized remarks.\" Am. Compl. at \u00b6\u00b6 17-21. He also allegedly told her he \"loved her\" and \"it was her fault.\" He allegedly suggested they share a hotel room during field trips. Id. at \u00b6 26. In January 2012, the plaintiff requested a new academic advisor because of Dr. Reynolds's persistent sexual harassment and the severe emotional distress it caused her. On January 22, 2012, the plaintiff and her husband sent an email to Dr. Reynolds informing him of her request for a new advisor and demanding that he cease further contact with the plaintiff. On January 23, 2012, the plaintiff and her husband contacted 3 Kutztown to inform them of Dr. Reynolds's sexual harassment. Kutztown failed to investigate the allegation and undertake remedial action. 3 3 3 Specifically, the plaintiff and her husband contacted John Green, Associate Vice President of University Advancement, who forwarded the complaint to Jason Ketter, Executive Director, and Jesus Pena, Associate Vice President of Equity and Compliance. Am. Compl. at \u00b6 30. Thereafter, the plaintiff claims that the defendants \"commenced a campaign of retaliation\" against her by: excluding her from a lecture series which she helped organize, preventing her from meeting with the visiting scholar to procure research for a paper presentation at an academic conference, revoking her Pennsylvania German Heritage Center Library privileges, and excluding her from participating in any events. In February 2012, Edward Quinter, a professor of German Studies, refused to work with the plaintiff on an honors research project, after previously promising his assistance. 4 4 This included events at which Dr. Reynolds was not a participant. See Am. Compl. at \u00b6\u00b6 33-39. As a result of this retaliation, the plaintiff was forced to withdraw from her academic program in March 2012. In April 2012, the plaintiff registered another complaint with Kutztown about Dr. Reynolds's behavior and the failure of Kutztown staff to investigate the previous complaint. Kutztown subsequently investigated her complaint and found that Dr. Reynolds did, in 2/22/25, 5:33 Miller v. Kutztown Univ No. 13-3993 \| Casetext Search + Citator 3/10 fact, act \"inappropriately.\" Nonetheless, no disciplinary action against him was taken. The plaintiff further claims this retaliation is ongoing because she has been deprived of opportunities for awards and scholarships, thereby adversely affecting her career opportunities. In July 2012, Kutztown revoked the plaintiff's invitation to a previously scheduled campus visit from the German Ambassador to the United States. On 4 June 30, 2013, the plaintiff was told by Dr. David Valuska, an emeritus professor of history and the President of the Advisory Board, that he would not assist her with her honors research project because he did not want to have anything to do with her since he \"had been told [she] was in trouble with the University.\" On October 15, 2013, the plaintiff received an email from Robert Watrous, Associate Vice Provost, informing her that she was not permitted to participate in co-curricular activities. 4 5 5 See Am. Compl. at \u00b6 44. Subsequently, the plaintiff filed this suit claiming: 1) a violation of Title against Kutztown University for retaliation (Count I), 2) assault and battery against Dr. Reynolds (Count II), and 3) intentional infliction of emotional distress against Dr. Reynolds (Count III). The plaintiff seeks compensatory and punitive damages along with fees and costs. In response Dr. Reynolds filed a motion to dismiss Counts and under Rule 12(b)(6). 6 7 8 6 The original complaint was filed on July 10, 2013. Since the claims against both defendants involve the same nucleus of operative facts, the defendants have been joined in this same suit. After being ordered to respond, the defendants each filed a motion to dismiss under Rule 12(b)(6). In response, the plaintiff filed an amended complaint. 7 The plaintiff seeks punitive damages from Dr. Reynolds only. 8 Both defendants have filed a motion to dismiss the amended complaint under Rule 12(b)(6). Because the claims against each differ, their arguments as to why these claims should be dismissed under Rule 12(b)(6) also differ. For the sake of clarity have addressed each defendant's motion with its own memorandum. 2/22/25, 5:33 Miller v. Kutztown Univ No. 13-3993 \| Casetext Search + Citator 4/10 12(b)(6)9 9 This court has jurisdiction to hear this case under 28 U.S.C. \u00a7\u00a7 1331 and 1391 because the plaintiff's claims are substantively based in Title of the Education Amendments of 1972, 20 U.S.C. \u00a7 1681, et seq. This court has supplemental jurisdiction over the state law claims pursuant to 28 U.S.C. \u00a7 1367 motion to dismiss under Rule 12(b)(6) of the Federal Rules of Civil Procedure for failure to state a claim upon which relief can be granted examines the legal 5 sufficiency of the complaint. Conley v. Gibson, 355 U.S. 41, 45-46 (1957). The factual allegations must be sufficient to make the claim for relief more than just speculative. Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007). In determining whether to grant a motion to dismiss, a federal court must construe the complaint liberally, accept all factual allegations in the complaint as true, and draw all reasonable inferences in favor of the plaintiff. Id.; see also D.P. Enters. v. Bucks County Cmty. Coll., 725 F.2d 943, 944 (3d Cir. 1984). 5 10 10 In deciding a motion to dismiss, the court should consider the allegations in the complaint, exhibits attached to the complaint, and matters of public record. See Pension Benefit Guar. Corp. v. White Consol. Indus., Inc., 998 F.2d 1192, 1196 (3d Cir. 1993). The court may also consider \"undisputedly authentic\" documents when the plaintiff's claims are based on the documents and the defendant has attached copies of the documents to the motion to dismiss. Id. The Federal Rules of Civil Procedure do not require a plaintiff to plead in detail all of the facts upon which he bases his claim. Conley, 355 U.S. at 47. Rather, the Rules require a \"short and plain statement\" of the claim that will give the defendant fair notice of the plaintiff's claim and the grounds upon which it rests. Id. The \"complaint must allege facts suggestive of [the proscribed] conduct.\" Twombly, 550 U.S. at 564. Neither \"bald assertions\" nor \"vague and conclusory allegations\" are accepted as true. See Morse v. Lower Merion School Dist., 132 F.3d 902, 906 (3d Cir. 1997); Sterling v. Southeastern Pennsylvania Transp. Auth., 897 F. Supp. 893 (E.D. Pa. 1995). The claim must contain enough factual matters to suggest the required elements of the claim or to \"raise a reasonable expectation that discovery 2/22/25, 5:33 Miller v. Kutztown Univ No. 13-3993 \| Casetext Search + Citator 5/10 will reveal evidence of\" those elements. Phillips v. County of Allegheny, 515 F.3d 224, 234 (3d Cir. 2008) (quoting Twombly, 550 U.S. at 556 court \"may dismiss a complaint only if it is clear 6 that no relief could be granted under any set of facts that could be proved consistent with the allegations.\" Brown v. Card Service Center, 464 F.3d 450, 456 (3d Cir. 2006)(quoting Hishon v. King & Spalding, 467 U.S. 69, 73 (1984)). 6 A. Sovereign Immunity Dr. Reynolds argues that Counts and III, against him individually, should be dismissed because he is entitled to sovereign immunity. Whether Dr. Reynolds is entitled to sovereign immunity is a matter of state law. See Brumfield v. Sanders, 232 F.3d 376, 380 (3d Cir. 2000). Under Pennsylvania law, the Commonwealth and its employees \"acting within the scope of their duties, shall continue to enjoy sovereign immunity and official immunity and remain immune from suit\" unless the legislature has specifically waived immunity. 1 Pa. C.S. \u00a7 2310. 11 11 There are nine legislatively created exceptions to immunity: 1) vehicle liability; 2) medical/professional liability; 3) care, custody, or control of personal property; 4) Commonwealth real estate, highways, and sidewalks; 5) potholes and other dangerous conditions; 6) care, custody, and control of animals; 7) liquor store sales; 8) National Guard activities; and 9) toxoid and vaccines. 42 Pa. C.S. \u00a7 8522(b). None of these exceptions apply in this case. However, whether an employee is entitled to immunity within the statutory definition is a separate inquiry from whether his actions fall within the exceptions. If an employee acts outside the scope of his duties, he is not entitled to sovereign immunity. In Pennsylvania, \"scope of employment\" is determined according to whether an employee's actions were: 1) of the kind an employee is expected to perform; 2) substantially within authorized time and space limits; and 3) intended, at least in part, to serve one's employer. Brumfield, 232 F.3d at 380, citing Restatement (Second) of 7 Agency \u00a7 228(1) (1958). If force is intentionally used by an employee, such use of force would be expected by an employer in order for an employee to fulfill his employment 7 12 2/22/25, 5:33 Miller v. Kutztown Univ No. 13-3993 \| Casetext Search + Citator 6/10 duties. Restatement (Second) of Agency \u00a7 228(1) (1958). See also Gerhart v. Com. of Penn., No. 09-cv-1145, 2009 2581715, at 8-9 (E.D. Pa. Aug. 13, 2009)(discussing Strothers v. Nassan, No. 08-1624, 2009 976604, at 7 (W.D.Pa. Apr. 9, 2009)). 12 See also Butler v. Flo-Ron Vending Co., 557 A.2d 730, 736 (Pa. Super. Ct. 1989) (adopting scope of employment definition in \u00a7 228); Johnson v. Knorr, No. 01-3418, 2005 3021080, at 8 n. 5 (E.D.Pa. Oct. 31, 2005) (rev'd on other grounds); Aliota v. Graham, 984 F.2d 1350, 1359 (3d Cir.1993). Dr. Reynolds's employment as a professor at a state university would make him an employee within the statutory definition. See Ismael v. Ali, 276 Fed.Appx. 156, 158 (3d Cir. 2008)(finding that professors at state universities are employees entitled to sovereign immunity). However, there is no question that allegations of sexual assault and battery would not fall within the duties of his position as a history professor. Given that the plaintiff has plausibly argued that the alleged assault and battery would not fall within Dr. Reynolds's duties as an academic advisor, the plaintiff has met her burden in overcoming a motion to dismiss on this issue. 8 13 8 13 Dr. Reynolds argues that these actions are within the scope of his employment because they took place at work events or were related to his position as the plaintiff's advisor. To argue that he would be immune from the legal ramifications of kissing and touching the plaintiff in a sexually harassing way simply because these actions took place during a work meeting stretches the bounds of immunity beyond which it was intended. See Kintzel v. Kleeman, No. 3:13cv163, 2013 4498969, at 3 (M.D.Pa. Aug 19, 2013)(\"it is without question that the sexual assault and battery that is the basis of plaintiff's complaint is not within the scope of defendant's employment.... It is not the sort of conduct he is employed to perform, and it is not actuated in any way to serve the Commonwealth.\"); Fitzgerald v. McCutcheon, 410 A.2d 1270, 1272 (Pa. Super. Ct. 1979)(\"If an assault is committed for personal reasons or in an outrageous manner, it is not actuated by an intent of performing the business of the employer and is not done within the scope of employment.\")(citations omitted). Furthermore, what constitutes the \"scope of employment\" for a particular position is typically a question of fact intended to be decided by a jury and should not be decided on a motion to dismiss when the plaintiff's claim has 2/22/25, 5:33 Miller v. Kutztown Univ No. 13-3993 \| Casetext Search + Citator 7/10 some merit. Butler, 557 A.2d at 736. See also Brown v. Lewis, 865 F.Supp.2d 642, 649 (E.D.Pa. 2011)(denying a motion to dismiss when plaintiff made plausible arguments civil rights violations were not within the scope of employment). For these reasons, Dr. Reynolds's sovereign immunity argument has no merit. B. Count - Intentional Infliction of Emotional Distress Dr. Reynolds also argues that Count (Intentional Infliction of Emotional Distress) is inadequate to state a claim. To sufficiently plead a claim for Intentional Infliction of Emotional Distress (IIED) under Pennsylvania law, a plaintiff must demonstrate that a person intentionally or recklessly caused her severe emotional distress through \"extreme or clearly outrageous\" conduct. Andrews v. City of Phila., 895 F.2d 1469, 1486-87 (3d Cir. 1990) (citing Cox v. Keystone Carbon, 861 F.2d 390, 395 (3d Cir.1988)). See Manley v. Fitzgerald, 997 A.2d 1235, 1241 (Pa. Cmwlth. 2010). In order for sexual harassment to rise to the requisite level of outrageousness to make out such a claim, the harassment must be coupled with retaliatory actions for turning down sexual propositions. Andrews, 895 F.2d at 1487. Accepting the plaintiff's allegations in her complaint as true for the purpose of this motion, the plaintiff's complaint establishes the required elements to make out a prima facie claim of IIED. Dr. Reynolds's unwanted sexual advances could plausibly be considered sexual harassment; the resulting prohibitions placed on the plaintiff's 9 academic study after her complaint against him could be seen as retaliatory. See Bowersox v. P.H. Glatfelter Co., 677 F.Supp. 307, 311-12 (M.D.Pa. 1988)(finding that allegations of sexual harassment coupled with retaliatory acts that prevented plaintiff from doing her job were enough to overcome a motion to dismiss an claim); Borreggine v. Messiah College, No. 1:13-cv-01423, 2013 6055214, at *3-4 (M.D.Pa. Nov. 15, 2013)(finding that defendant's removal of plaintiff from the lacrosse team and instruction to her teammates that they cease communications with her was enough to constitute outrageous behavior for an claim at the motion to dismiss stage). 9 14 14 Kutztown contends that the restrictions on the plaintiff were instituted simply because she had asked to not have contact with Dr. Reynolds. See Doc. No. 11. While there may be some dispute as to the reason why the 2/22/25, 5:33 Miller v. Kutztown Univ No. 13-3993 \| Casetext Search + Citator 8/10 plaintiff was prohibited from engaging in activities related to her chosen course of study, her pleading is enough to allow this dispute to be explored further in discovery For the reasons explained above will deny Dr. Reynolds's motion to dismiss Counts and III. An appropriate Order follows. About us Jobs News Twitter Facebook LinkedIn Instagram 2/22/25, 5:33 Miller v. Kutztown Univ No. 13-3993 \| Casetext Search + Citator 9/10 Help articles Customer support Contact sales Cookie Settings Do Not Sell or Share My Personal Information/Limit the Use of My Sensitive Personal Information Privacy Terms \u00a9 2024 Casetext Inc. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 2/22/25, 5:33 Miller v. Kutztown Univ No. 13-3993 \| Casetext Search + Citator 10/10"}
8,915	Bruce Goodrich	California State University - Fullerton	[ "8915_101.pdf", "8915_101.pdf" ]	{"8915_101.pdf": "Date(s) of Incident Complainant Status Respondent Name Respondent Position Summary of Substantiated Allegation(s) Outcome Multiple dates; investigation finalized on 7/13/2017 Student Bruce Goodrich Faculty Respondent gave Complainant \"strong, tight bear hugs\" lasting too long multiple times; gave Complainant back, shoulder, and neck rubs multiple times; invited Complainant to meals at off-campus restaurants and acted in a flirtatious manner; and made a comment about Complainant's \"nipple\" while using his hand to move Complainant's shirt away from Complainant's body when Complainant wore a tank top to class. Respondent also used terms like \"babe\" and \"hon\" to refer to Complainant. All of this conduct constituted Sexual Harassment. Goodrich retired effective 07/01/2017. Therefore he left the University prior to being served with any notice of adverse action. 2/21/2017 Student Mitchell Hanlon Faculty Respondent engaged in Sexual Misconduct against Complainant that included the following: hugging Complainant, rubbing Complainant's back, kissing Complainant's neck, and touching Complainant's buttocks. Employee was placed on Temporary Suspension. Employee was subsequently dismissed from the University upon conclusion of the investigation. Employee appealed dismissal to arbitration; an agreement was reached during arbitration and Employee resigned from his position per the terms of the agreement."}
9,012	Ivonne del Valle	University of California ‚Äì Davis	[ "9012_101.pdf", "9012_102.pdf", "9012_103.pdf" ]	{"9012_101.pdf": "Breaking News Australia Video University Guide Deep Dive China Debate Meghan Markle Prince Harry King Charles Weather Login Home News Royals U.S. Sport Showbiz Femail Health Science Money Travel Podcasts Shopping shares 35 Woke Berkeley students demand reinstatement of colonial studies lecturer who admitted keying a male professor's car and is accused of stalking him and approaching his mom Professor Ivonne del Valle, a tenured associate professor of colonial studies, was suspended in the fall of 2021 and remains banished from campus She is accused of harassing and stalking Professor Joshua Clover, an English and comparative literature teacher at Davis Del Valle insists she is a victim of misogyny and racism: Clover, who has been forced to move house and had his car keyed, says she is mentally ill By PUBLISHED: 23:35 GMT, 30 October 2023 \| UPDATED: 00:06 GMT, 31 October 2023 Students at Berkeley University are campaigning for the reinstatement of a suspended professor who was forced to take leave after she was found guilty of stalking and harassing a professor at another University of California campus. Professor Ivonne del Valle, a tenured associate professor of colonial studies in Berkeley's department of Spanish and Portuguese, accused Professor Joshua Clover of harassing her online. She became convinced that Clover, an English and comparative literature teacher at Davis, had hacked her computer in some way and manipulated her accounts. 17 View comments Site Web Enter your search Our family was on Escape To The Country - the enforced a secret ban behind the scenes and we got a Privacy Policy Feedback Saturday, Feb 22nd 2025 5PM 28 8PM 22 5-Day Forecas 2/22/25, 5:33 Woke Berkeley students demand reinstatement of colonial studies lecturer who admitted keying a male professor's car and is accus\u2026 1/46 She felt he was writing veiled insults about her colleagues on Twitter, and began writing him messages, leaving him voicemails and turning up outside his home. She stalked his mother, and forced him to move house. Over the course of five years, the situation unraveled, and she was suspended in the fall of 2021 report. Professor Ivonne del Valle was suspended by Berkeley in the fall of 2021. She is fighting to get back to teaching +10 View gallery nasty shock when we made an offer REVEALED: Haunting final words of husband suspected of shooting wife dead outside a pub on Valentine's Day before leaping to his death from 170ft bridge How look like this at 54 reveals her \u00a39.99 eyelashes that last all week, dinner secrets... and the supplement that's stopped ageing in its trac... Daisy May Cooper is embroiled in bitter \u00a330,000 row with her landlady after painting Farrow and Ball walls in Cotswolds cottage 'dentist-chair blue Here's how lost 3 in 3 WEEKS. It is more effective than any fat jab and doesn't cost a penny MACINTYRE's extraordinary investigation Looking to boost your gut health? It's all about knowing where to start! What to keep front of mind when supporting your microbiome Adam Pearson's perfect response after troll asked him if he was going to the circus instead of the BAFTAs Caroline Flack's last broken voice messages that reveal what she Read More 00:00 02:24 2/22/25, 5:33 Woke Berkeley students demand reinstatement of colonial studies lecturer who admitted keying a male professor's car and is accus\u2026 2/46 Del Valle has accused Professor Joshua Clover of hacking her devices and stalking her. He says she is mentally ill Students are seen at Berkeley protesting, calling for del Valle to be reinstated +10 View gallery +10 View gallery thought of Laura Whitmore replacing her Angels are real, I've seen them all my life and they can visit you too. There are signs and numbers you must know. Read GRAY's testimony before you scoff Range revolution: How four drivers got from Eastbourne to Aberdeen on one tank of fuel thanks to the 7 SHS's clever new tech Zelensky surrenders to Trump and 'will sign mineral deal within hours' 2/22/25, 5:33 Woke Berkeley students demand reinstatement of colonial studies lecturer who admitted keying a male professor's car and is accus\u2026 3/46 Now del Valle is fighting to be reinstated, and students are backing her. On Saturday they interrupted a college football game. They are planning a hunger strike. 'My life is completely destroyed,' said del Valle don't want Berkeley to think that they can do this to a minority woman in order to protect a white, senior professor. It's not acceptable.' Clover, in an email to some of del Valle's supporters, obtained by The Chronicle of Higher Education, wrote that the charges included 'multiple instances of stalking, sexual harassment, retaliation, and violation of no-contact directives directed against me, my family, and my students; many, many charges across many, many years.' The saga began in the spring of 2018, when del Valle attended a panel discussion featuring Clover, who is well known as a poet, columnist, and political theorist who directs the university's Marxist Institute for Research. Del Valle said that she was considering asking Clover to appear at a conference she was organizing on the 1968 student and worker uprisings in Mexico and elsewhere around the world. Del Valle approached him after the event and said she'd like to talk to him about the conference. Israeli hostage kisses his Hamas captive on the head as he and two other prisoners are handed over in highly emotional public ceremony Where is Coronation Street star Chris Fountain now? After career-ending scandal left the actor in depths of depression before terrifying health scare After years of bad sex, my husband's libido suddenly returned was thrilled\u2026 until found out the reason Up-to-date on the latest, must-have tech? Get yourself gadget-ed up with this month's top 10 devices Moments from disaster last smiling selfie on doomed MH17, the final leap of a bike stuntman and a parachute jump that went badly wrong... the tragic stories ... 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Clover, director of the Marxist Institute for Research at Davis, met del Valle for a drink in May 2018: he said he was uncomfortable to realize she thought it was a date +10 View gallery Love is in the air: 10 top brands to help you celebrate your special someone with style, from roses to jewellery The last photo of Liam Payne alive showed him being hauled up to his hotel room. Ten minutes later, he was dead. Now, one of the men who carried him and two others have been cleared Furious Land Rover driver blocks road to dealership for hours after it 'refused to fix his car under warranty' Phil Collins, 74, shares heartbreaking health update following his retirement . Trump declares 'See you in court' in brutal transgender face-off with Democratic governor at White House Blake Lively The Hollywood Reporter for 'sexist' cover lampooning her Justin Baldoni sexual harassment lawsuit kept the dirty secrets of famous men for years. Then was sexually assaulted by a celebrity everyone loves. It was the last straw GOFF's most raw con... Gogglebox fans 'switch off' after 'creepy' 2/22/25, 5:33 Woke Berkeley students demand reinstatement of colonial studies lecturer who admitted keying a male professor's car and is accus\u2026 5/46 Del Valle insists that she never thought her meeting with Clover was a date, and says he has been targeting her Clover said he felt 'uncomfortable with the interaction', and ended the meeting early. Clover said that she spoke like it was a date, and was 'visibly flustered' when he mentioned his partner. Del Valle, however, said she did not think of it as a date but rather a social meeting with a colleague - and claims she ended the meeting because Clover had said he had a reading group to join afterward. Del Valle had been following Clover on Twitter before they met: she claims that, after the awkward Oakland meeting, Clover began writing oblique messages on Twitter criticizing her colleagues. She messaged him privately: he said her messages were 'confusing'. Del Valle wrote to him and said he was making her 'uncomfortable as hell' with the supposed slights on her colleagues. The next day, Clover replied will not respond to further communication \u2014 Please do not write to me any further.' Del Valle became convinced Clover had somehow planted a bug in her phone. She told The Chronicle that she wrote a text message discussing plans to see a friend named Isis: Clover posted a tweet about a restaurant with the same name. +10 View gallery scene leaves them feeling uncomfortable: 'Too weird and disturbing' How a surgeon accused of abusing 300 children kept 70 life-sized child dolls under his floorboards... and wrote in his diary on his birthday every year am a... Tensions escalate as China conducts a firing exercise in the Tasman Sea - and New Zealand Defence Force makes unsettling discovery Are you seeing disquieting images like these on social media? There's a sinister reason why... and it's taking older people for fools, reveals PICTURED: Dave Grohl's secret love child: Mother of his baby daughter born out 2/22/25, 5:33 Woke Berkeley students demand reinstatement of colonial studies lecturer who admitted keying a male professor's car and is accus\u2026 6/46 She searched online for French lessons, and he tweeted: 'Moving on to daily vous, daily ils elles.' She discussed Kendrick Lamar's song Humble on the phone with her son, and over the next two days Clover's tweets included the word 'humble'. In October 2018 she went to the police to report cyberstalking: police, she said, treated her like she was 'delusional'. She said the police were 'rude, discriminating, and misogynistic.' She said she told the police: 'If you don't do anything, I'm going to have to do it myself. This situation is unsustainable.' Supporters of del Valle leave flyers on campus demanding she is reinstated She then switched her cellphone and laptop, and changed her home internet systems three times. Del Valle contacted Clover's partner to say he was harassing her. In December 2018, she turned up outside his apartment door and sat there for an hour, while he asked her to go away. She slid notes under the door, one of which read: 'If you make me leave, it'll be worse. I'll keep doing this you can be sure of that.' He complained, and she was ordered not to go near him did things I'm not proud of,' del Valle told The Chronicle. 'I'd been asking for help in so many places and no one was paying attention or listening to me. And I'm the one who was turned into the pariah.' The university's cyber security team suggested she take a break from social media. She said she tried, but was not able to avoid 'the elephant in the room'. In June 2019 she admitting creating Twitter accounts to 'denounce' Clover and urged the police to investigate. +10 View gallery of wedlock is finally revealed Revealed: The sneaky European airports that are miles away from the cities they're named after Of course it's bonkers to say Ukraine started the war. But here's what think Donald Trump's trying to achieve Escape to the countryside! These gorgeous properties hand-picked by experts all cost under \u00a3500,000 - and offer glorious views, rolling hills and the ultimate e... Incredible moment brave locals rescue a pregnant four-metre tiger shark after it gave birth on a Queensland beach The inside story of arrogant motorbike couple who were charged with spying after everyone told them they were mad to go reveals the reality of 'd... I've been on Ozempic for 2 years... what happened to me and my warning to anyone taking it The secret daytime tier list revealed: From bitchy feuds, mean comments and cruelty of the daytime sofa clique His increasingly bizarre behaviour is prompting rumours of chronic stress and even ketamine abuse. Now his ex claims their child is seriously unwell - and that ... Olly Murs forced to cancel live show just hours before performance in Dubai as he shares health woes 2/22/25, 5:33 Woke Berkeley students demand reinstatement of colonial studies lecturer who admitted keying a male professor's car and is accus\u2026 7/46 Del Valle impersonated Clover, making him out to be 'dirty old man' and containing sexual references. She left a voicemail, telling Clover: 'You need to still call me and apologize or you'll see what I'm going to do. I'm not afraid of you. ... I'm not afraid of anything because am right.' She keyed Clover's car, sprayed messages in silver paint inside the hall of his apartment building and on his front door calling him a 'sex addict' and 'sick harasser.' He eventually moved out. Clover did not call the police on del Valle. In 2014, he wrote on Twitter that he was 'thankful that every living cop will one day be dead' and in a 2016 interview said that police 'need to be killed.' The university said his comments were abhorrent, but were free speech. Del Valle moved to harassing Clover's mother, Carol J. Clover, an emerita professor at Berkeley. In late 2020 and early 2021 chunks of rotten pineapple covered with oil were dumped at her doorstep, and chalked insults about her son were written on the sidewalk in front of her home. Protesters calling for del Valle to be reinstated are seen blocking Saturday's football game +10 View gallery Political history fans are shocked by the uncanny resemblance between Churchill cabinet minister Duff Cooper and his famous descendent - can guess who it is PLATELL: Harsh truth is nobody but Liam is to blame for his death Transgender megastar blasts Trump for issuing her a male passport Peter Kay makes fresh Lisa Riley jibe as comedian returns to stage with increased security following heckling row 2/22/25, 5:33 Woke Berkeley students demand reinstatement of colonial studies lecturer who admitted keying a male professor's car and is accus\u2026 8/46 Police arrested 15 people on Saturday for preventing the start of the game student protester is seen being escorted off the field person investigators said was 'more likely than not' del Valle was seen on surveillance cameras fleeing the scene. In January 2022, the university put her on involuntary medical leave. Four months later, del Valle was suspended without pay or benefits for nine months, largely for the pineapple, chalking, and related incidents. Clover insists she is mentally ill and needs help. Del Valle insists she is a victim. 'Not a single thing have done or supposedly done is romantic or sexual in nature,' she said. +10 View gallery +10 View gallery is making same terrifying mistake that's destroyed every previous advanced civilization, historian warns The about Melanie Sykes and her toyboy lovers: Star scandalised fans with her marriage to a roofer 15 years her junior Mark Wright and his pregnant wife Michelle Keegan enjoy lunch date as couple put on a brave face following terrifying burglary MOIR: And the award for endless woke lectures and treating us like idiots goes to... David Tennant Worst ratings for celebrity-owned pubs in the revealed: Diners blast 'pretentious' menus and 'tiny' portions at watering holes run by models and singers Yale scientists who risked careers to publish bombshell Covid vaccine study issue message to shot's victims Is there anyone left on Team Blake? As her bitter dispute with Justin Baldoni intensifies, fans - and even A-list pals - seem to be deserting her CONFIDENTIAL: What City's buy-back clause means for James Trafford transfer, Toon win race to sign League One star\u2026 plus injury update on Sven Botman ... Did South Park ruin Prince Harry and Meghan Markle? How the sitcom's ridicule of the Sussexes marked the beginning of the end for them wasn't allowed to brush my teeth': Mother speaks out as partner 'consumed by jealousy, paranoia, and anger' is jailed for 18 years after worst abuse investig... 2/22/25, 5:33 Woke Berkeley students demand reinstatement of colonial studies lecturer who admitted keying a male professor's car and is accus\u2026 9/46 35 shares Share or comment on this article: Woke Berkeley students demand reinstatement of colonial studies lecturer who admitted keying a male professor's car and is accused of stalking him and approaching his mom 'The opposite is true. They have all been defense against humiliating abuse and sexual harassment campaign to reinstate her has sprung up. On September 14 around 80 students, alumni, and faculty and staff members held a meeting via zoom. 'I'm talking here from a place of deep discomfort,' said del Valle, her voice breaking. 'This is not easy for me to do, but have to.' Everything she had worked for, she said, 'can easily be taken away by a white person with power.' On Saturday, 15 people were arrested for delaying the start of Berkley's game against USC. Students are now planning a hunger strike. 'We want Ivonne back,' said Christi\u00e1n Gonz\u00e1lez Reyes, a Ph.D. student studying comparative literature, who is organizing with the campaign. 'We're not going to be silent anymore.' Twitter California Embed this Pregnant Fox host gives a baby update after she passed her 'See you in court.' Trump and Maine governor clash over Pregnant Fox host appears on Gutfeld! after passing due date Dashing through the snow plow drivers speed while clearing Dramatic moment cops chase down alleged teen rapist Zelensky says Ukraine and are drafting key agreement Trump bashes 'radical left lunatic' fighting for trans athletes Brit throws tantrum at Thai airport 'as cocaine falls from pocket' Newest Oldest Best rated Worst rated Comments 17 Share what you think View all The comments below have been moderated in advance Pregnant Arabella Chi showcases her blossoming bump as she poses topless in a silky black gown while enjoying lavish holiday The real reason stood by Giovanni Pernice after Amanda Abbington's bullying accusations: What he confided in me, the audience's reaction to him... and why b... Revealed: What life on Earth would look like if Yellowstone's supervolcano erupted How plane food is really made: Inside the incredible 'kitchen city' that makes meals for the world's best airline shouldn't be able to steal the talent of the humans who created the magic in the first place 2/22/25, 5:33 Woke Berkeley students demand reinstatement of colonial studies lecturer who admitted keying a male professor's car and is accus\u2026 10/46 BigSkyGuymt, BigSkyCountry, United States, 1 year ago All liberals are mentally ill...... Click to rate 1219 28 The boat guy, United States, United States, 1 year ago Woke is a cancer Click to rate 969 12 Rocky, Concord, United States, 1 year ago And you parents go deep into debt to send your kids to these places? Click to rate 1054 6 daisy101, bay area, United States, 1 year ago They deserve each other. Both sound vile. Click to rate 536 28 Dea Washington 1 year ago Commenting on this article has ended Log in Powered by Terms \| Privacy \| Feedback Revealed: Over-the- counter tablet relied on by millions could raise dementia risk, top doctor warns Nurse dubbed the 'Angel of Death' after murdering patients with insulin in a strikingly similar case to Lucy Letby faces an astonishing twist - and it could see... Oklahoma foster parents' appalling act of cruelty against little girl during record- breaking cold snap caught on camera Harry Potter star Jason Isaacs makes 'terrible confession' about making the magical film series and explains why it 'wasn't fun' on set KEMP: How Britain would go about bringing back conscription - with women and asylum seekers called up, but not Gen snowflakes Show more 2/22/25, 5:33 Woke Berkeley students demand reinstatement of colonial studies lecturer who admitted keying a male professor's car and is accus\u2026 11/46 Selena Gomez's explosive 'feud' with former friend who is threatening to 'expose' major celebrity NEIL: We pay for a rapid rebuild of our military might - by using the hundreds of billions Miliband is planning to splurge on his fatuous pursuit of ... Lewis Hamilton's neighbours wage planning war over extension that could mean parking spots in underground garage are too small for their Chelsea tractors Netflix fans rave over 'masterpiece' political thriller they're 'rewatching for the third time' with whopping Rotten Tomatoes score Woman, 24, reveals mystery-ridden journey to find her grandmother who vanished without a trace in 1981... but wasn't reported missing until 41 years later The scandalous claim behind influencers Cartia Mallan and Ashton Wood's ugly fallout: They were best friends for a decade and even launched a business together ... Is this the ugliest building in Britain? Filthy, fly-tipped and abandoned snooker hall has become a hotel for vermin but local council claim they can do Elon Musk calls for immediate destruction of NASA's $150 billion prized possession Hollywood megastar 'nabs iconic role in James Bond spin-off' after 'creative control' of the 007 film franchise was handed over to Amazon My depression and almost killed me. Then ditched the food everyone says is 'good for you' and followed a radical new 2/22/25, 5:33 Woke Berkeley students demand reinstatement of colonial studies lecturer who admitted keying a male professor's car and is accus\u2026 12/46 diet. Now I'm drug-free and feel sup EastEnders' original Martin Fowler actor makes sly dig as bosses reveal their secret tactics to hide the character's shock death It's Always Sunny in Philadelphia star Lynne Marie Stewart dies aged 78 PLATELL: Harsh truth is nobody but Liam is to blame for his death Amanda Holden reveals what major secret King Charles told her at The Royal Variety Performance Traitors winner Leanne Quigley reveals her fianc\u00e9e Sophie Jones' breast cancer battle felt like an 'out of body experience' 2/22/25, 5:33 Woke Berkeley students demand reinstatement of colonial studies lecturer who admitted keying a male professor's car and is accus\u2026 13/46 star looks unrecognisable after dramatic three stone weight loss as fans exclaim 'you look like a different person' Justin Bieber looks disheveled at Hollywood hot spot amid claims wife Hailey is 'deeply concerned' for him The most celebrity collaborations of all time: From JLS' Durex deal and Paris Hilton's Lidl advert to Cheryl and Ashley Cole lottery promo Amazon's takeover of James Bond franchise branded 'absolutely terrible news' amid fears 007 story will be 'diluted' and turned into series Fears for Kanye West grow as he posts image of doomed couple Sid Vicious and Nancy Spungen wearing swastika shirt 2/22/25, 5:33 Woke Berkeley students demand reinstatement of colonial studies lecturer who admitted keying a male professor's car and is accus\u2026 14/46 Kate Hudson reveals classic film she regrets turning down iconic role in: 'That was a bad call' Rihanna 'is tipped to headline Glastonbury for the first time ever as she plans huge London residency' Catherine Tyldesley 'is returning to Coronation Street as she finally gives into producers who have been trying to get her back for years' Bella Hadid wears bikini top with tiny shorts while riding a horse in new campaign Beyonce's Parkwood Entertainment and singer Chloe Bailey sued in $15 million copyright lawsuit by artist who worked with Kanye West Jennifer Lopez splurges on $21M compound as she and ex Ben Affleck struggle to sell their marital mansion Brand founder reveals how fans are snapping up viral at-home keratin treatment every minutes: 'Smoother and silkier than could have ever imagined Ben Affleck is 'casually dating' as he's legally declared single after Jennifer Lopez divorce Love Island All Stars winners Gabby Allen and Casey O'Gorman pack on the as they enjoy London night out after flying back from South Africa . Tom Hanks and wife Rita Wilson pledge $1M to fire relief after their home narrowly avoided blaze 2/22/25, 5:33 Woke Berkeley students demand reinstatement of colonial studies lecturer who admitted keying a male professor's car and is accus\u2026 15/46 Sydney Sweeney's, 27, wedding to fianc\u00e9 Jonathan Davino, 41, postponed three years after engagement Claudia Winkleman becomes emotional during One Question episode as a father- and-daughter duo win the \u00a3100k prize in heartwarming moment Courteney Cox showcases her natural beauty by going makeup-free as she departs Sydney with daughter Coco Romeo Beckham, 22, is the spitting image of his father David, 49, as he poses shirtless for racy magazine photoshoot 'Always used Lanc\u00f4me but this beats it!': Beauty fans say this under-the-radar 'super lengthening and volumising' \u00a318 mascara is as 'good as falsies 2/22/25, 5:33 Woke Berkeley students demand reinstatement of colonial studies lecturer who admitted keying a male professor's car and is accus\u2026 16/46 Guy Pearce claims his L.A. Confidential co- star Kevin Spacey was 'handsy' with him in shock resurfaced interview Tate McRae drops racy music video for Revolving Door in promotion of brand new studio album Jenny Powell bravely shows off her scars after tough health battle as she admits was suffering' Meryl Streep's daughter Grace Gummer welcomes second child with husband Mark Ronson Tom Brady rekindles romance with Irina Shayk after ex-wife Gisele Bundchen's baby news Kate Moss, 51, exudes glamour in black mini 2/22/25, 5:33 Woke Berkeley students demand reinstatement of colonial studies lecturer who admitted keying a male professor's car and is accus\u2026 17/46 dress as she poses alongside lookalike daughter Lila, 22, at Donna Karan event Amanda Holden reveals Britain's Got Talent filming had to be stopped as the audience hurled abuse at the judges Liam Payne's friend Roger Nores reveals the only reason he would drop lawsuit against One Direction star's father Geoff - and the singer's last words to him Blake Lively requests more protection after receiving 'violent' messages amid Justin Baldoni legal battle Anais Gallagher exudes elegance in black ball gown with white gloves as she attends Richard Quinn show Piers Morgan 'hounded by Baby Reindeer-style stalker' - as he slams her claims of abuse and harassment as a 'complete fantasy' . Amanda Holden breaks down in tears as she discusses her beloved grandparents and her grief after their deaths: 'You take them for granted' Grammy-winning rock icon, 61, looks unrecognizable on vacation with girlfriend... can you guess who Blake Lively's co-star Jenny Slate allegedly filed complaint while filming It Ends With Us due to uncomfortable interaction 2/22/25, 5:33 Woke Berkeley students demand reinstatement of colonial studies lecturer who admitted keying a male professor's car and is accus\u2026 18/46 Britain's Got Talent SPOILER: Judges are shocked as comedian takes to stage completely naked CONFIDENTIAL: Brad Pitt's inspirational chef 'only wants fame', says his ex flame Jo Wood Inside Justin Bieber's heartbreaking decline as friends claim Hailey is 'deeply concerned' for the singer You won't believe what EastEnders' Zoe Slater looks like now! Michelle Ryan, 40, shares makeup-free selfie 20 after quitting soap licia Douvall's new love revealed: Former glamour model goes Instagram public with handsome man reveals she thought her voice had 2/22/25, 5:33 Woke Berkeley students demand reinstatement of colonial studies lecturer who admitted keying a male professor's car and is accus\u2026 19/46 been stolen by for a dance track - as musicians' fears grow Tyga's mom dead at 53: Pasionaye Nguyen passed away last month The rapper paid tribute on Instagram Who is Channing Tatum's new Aussie girlfriend? Actor is 'dating' model Inka Williams four months after splitting from fianc\u00e9e Zoe Kravitz Andrew Garfield and Monica Barbaro are 'quietly dating' after sparking romance rumors Eva Longoria, 49, flaunts her toned legs while in a sexy black bodysuit Kate Cassidy's hidden tribute to Liam Payne as influencer deals with her grief over former One Direction star's tragic hotel balcony death 2/22/25, 5:33 Woke Berkeley students demand reinstatement of colonial studies lecturer who admitted keying a male professor's car and is accus\u2026 20/46 forced to apologise as EastEnders star John Altman says a racial slur live on air Justin Baldoni accused of imposing his bizarre Baha'i religious beliefs onset amid Blake Lively sexual lawsuit Eastenders' Lacey Turner's husband hails her 'strength' after emotional live episode - just weeks after giving birth Doja Cat and Stranger Things star Joseph Quinn still going strong after romantic trip to Mexico EastEnders legend looks unrecognisable as he celebrates the soap opera's 40th anniversary... but can guess who it is? Marnie Simpson is pregnant! Geordie Shore star reveals she's expecting her third child with husband Casey Johnson Iconic chart-topping noughties band who won a staggering 14 awards in two years take to the stage in Milan during their hit international tour Who is Jennifer Garner's boyfriend? Meet businessman John Miller Katie Price admits she 'never pays' for cosmetic surgery and reveals she's offered endless free procedures but insists don't take advantage of it' Salma Hayek, 58, reveals she has a stunning stepdaughter 2/22/25, 5:33 Woke Berkeley students demand reinstatement of colonial studies lecturer who admitted keying a male professor's car and is accus\u2026 21/46 as she wishes the model a happy 24th birthday All the signs Justin Bieber could be heading for a downfall: From his worrying appearance at Hailey's skincare pop-up, his gaunt frame and bathrobe outing Selling Sunset star Emma Hernan hints she's single after 'dating' Blake Davis causing Chrishell Stause to make snide remark Hailey Bieber indulges in three-way kiss with Bella Hadid and Stassie Karanikolaou amid fears for Justin EastEnders fans all make the same joke after glaring Sonia blunder in live episode - but did you spot it? 2/22/25, 5:33 Woke Berkeley students demand reinstatement of colonial studies lecturer who admitted keying a male professor's car and is accus\u2026 22/46 This Morning fans all make the same joke as Alison Hammond hosts debate about age-gap relationships - with a racy twist Ben Affleck, 52, flashes gray hair when in a dog park with his son before big update on Jennifer Lopez divorce Single White Female vet Jennifer Jason Leigh, 63, is almost unrecognizable during a grocery run Kendrick Lamar earns first Number 1 single after his controversial Super Bowl performance Blake Lively, Ryan Reynolds and Justin Baldoni all by The Hollywood Reporter on wild magazine cover amid sexual assault lawsuit All the actors who are tipped to be the next James Bond from Aaron Taylor-Johnson to James Norton as a new surprise contender enters the race 2/22/25, 5:33 Woke Berkeley students demand reinstatement of colonial studies lecturer who admitted keying a male professor's car and is accus\u2026 23/46 Billi Mucklow shows ex Andy Carroll what he's missing as she looks incredible for night on the town - and gives a peak inside her home . Katie Price lands new acting role alongside showbiz veteran amid her money woes as bosses declare they are 'delighted' to have her Rosie Huntington- Whiteley shows off her toned abs in a beige crop top and leggings as she looks workout ready Jennifer Garner and Ben Affleck's daughter Violet cuts contact with Jennifer Lopez after discovering her 'ulterior motive Justin Bieber sparks major fears with fans after worrying appearance at wife Hailey's skincare pop up store opening in Alice Hirson dead at 95: Full House star who also played Ellen DeGeneres' mom passes away Kerry Katona takes swipe at Holly Willoughby as she says the presenter is 'too polished' for 'grubby' reality show Celebrity Bear Hunt Bachelor alum Arie Luyendyk Jr, 43, undergoes vasectomy after admitting he 'rushed' decision Amanda Holden, 54, shows off her incredible figure in a skimpy white bikini by the pool during lavish Barbados getaway Drew Barrymore celebrates 50th birthday on her show as pals Cameron Diaz 2/22/25, 5:33 Woke Berkeley students demand reinstatement of colonial studies lecturer who admitted keying a male professor's car and is accus\u2026 24/46 and Adam Sandler surprise her Elizabeth Taylor's supermodel pal shares rare insight into the private life of the icon who would now be 93 EastEnders fans gasp 'did that just happen?!' as they spot rude Lauren Branning moment in background of Queen Vic wreckage during live episode What will Lauren Sanchez wear at her upcoming wedding to Jeff Bezos? The Notorious B.I.G.'s mom dead at 72: Voletta Wallace passes away while in hospice care... months after shock Diddy comment Peter Jason dead at 80: Karate Kid and Deadwood star is remembered in heartfelt tributes by former colleagues Three men in a van ambushed my house when was a new mum - there's only one thing that kept me safe, reveals Myleene Klass Location Location Location's Phil Spencer leaves fans open- mouthed with pic of rarely-seen 'doppelganger' son who towers over him on set Pete Doherty enlists holistic team to join him on tour to give him massages and ice baths to aid his circulation as he fights to save his toes from amputation Shiloh Jolie, 18, is the spitting image of actress mum Angelina as she keeps things casual in a grey hoodie during low-key outing Kylie Kelce hits back at claims she refused to 2/22/25, 5:33 Woke Berkeley students demand reinstatement of colonial studies lecturer who admitted keying a male professor's car and is accus\u2026 25/46 eat Taylor Swift's cooking as she praises singer for influence on Travis Top model looks unrecognisable as she debuts bold new look at - so do know who it is? The new Grey's Anatomy? Netflix drops first look at explosive new medical drama Pulse - and fans are already counting down the days Channel 4 slaps beloved comedy with a woke trigger warning over 'offensive and derogatory' language Andrew Garfield and Monica Barbaro fuel dating rumors as they're spotted together in London Rihanna's partner Rocky lands deal days after his not guilty verdict in shooting trial Disgraced rugby player Stuart Hogg welcomes baby boy with 'world's sexiest jockey' Leonna Mayor - six weeks after being spared jail Jessica Simpson says her 'soul has been pulled' amid 'heartbreaking' Eric Johnson split Megyn Kelly unleashes on Tom Hanks for mocking 'racist supporters on Strictly's Janette Manrara makes heartbreaking family admission and admits it 'scares me' - as she takes major career step Coronation Street's Tina O'Brien, 41, hasn't 2/22/25, 5:33 Woke Berkeley students demand reinstatement of colonial studies lecturer who admitted keying a male professor's car and is accus\u2026 26/46 aged a day as she stuns in a low-cut floral summer dress while enjoying her sunny holiday Lock up your wine, Graham Norton! Chris O'Dowd makes rare chat show appearance after going viral when he 'embarrassed himself' with drunken interview Amandaland's Lucy Punch cuts a stylish figure in a sleek black suit as she poses with actor Sebastian Croft at the S.S.Daley show Israel-Hamas latest: Six more hostages to be released in Gaza See more versions The Telegraph \u00b7 5hr spent years in the Army fighting Russian aggression - I\u2026 See more versions News \u00b7 6hrs ag Starmer to set date to increase defence spending during Trump\u2026 See more versions Evening Standard \u00b7 Police \u2018increasingly concerned\u2019 for runner as major search\u2026 See more versions Evening Standard \u00b7 Trump fires top military officers - including America's\u2026 See more versions Sky News \u00b7 5hrs ag Britain is waging war on Apple \u2013 it is already backfiring See more versions The Telegraph \u00b7 4hr AfD handed major poll boost after support but faces\u2026 See more versions News \u00b7 3hrs ag Map reveals where 70mph winds and 12 of rain to hit\u2026 See more versions The Sun \u00b7 3hrs ago \u2018Russia\u2019s not winning\u2019: Ukraine frontline soldiers outraged at tal\u2026 See more versions The Independent \u00b7 Wales vs Ireland: Kick-off time, how to watch, team news and\u2026 See more versions Evening Standard \u00b7 Click here to view more Follow Daily Mail Subscribe Daily Mail Follow @DailyMail Follow Daily Mail Follow @dailymailuk Follow Daily Mail 2/22/25, 5:33 Woke Berkeley students demand reinstatement of colonial studies lecturer who admitted keying a male professor's car and is accus\u2026 27/46 Fans are shocked Landman's wild bikini teen is also the prim prairie girl on the Yellowstone spinoff 1923 The One Show's Alex Jones admits menopause makes her forget guests' names live on air Place In The Sun viewers outraged by couple's strange reason for low offer on property - but do they have a point? Controversial influencer Andrew Tate disgusts fans with 'sick' comment about Ariana Grande's appearance Kate Hudson reveals she turned to singing because she feared she would die during the Covid pandemic had to do some music no matter what' Amanda Byram, 51, shares picture of herself breastfeeding 'miracle' baby after she surprised fans by welcoming child following long journey Gardeners' World's Monty Don shares his shock over revelation about his old home as he reveals the heartbreaking reason he packed up and moved gift from Casey? Love Island's Gabby Allen carries a huge bouquet of flowers as she grabs lunch with pals after winning All Stars Emmerdale's Natalie Ann Jamieson reveals why she left soap - and her secret chats with bosses ahead of Amy Wyatt's tragic death The Chase fans brand contestant 'a disgrace to quiz shows' after 'disgusting' tactic - and even Jenny Ryan swipes 'I'll remember this game forever' 2/22/25, 5:33 Woke Berkeley students demand reinstatement of colonial studies lecturer who admitted keying a male professor's car and is accus\u2026 28/46 Alec Baldwin admits he is happier asleep as he reveals mental health spiral following Rust shooting Nicole Kidman reveals the one compliment she 'hates' hearing - after sharing the medical struggle that left her 'terrified' EastEnders drama continues after the live episode as Adam Woodyatt 'gets into an altercation with fans' while leaving boozy after show party Will Lo's 'blessed' blended family survive her divorce? How singer's efforts to maintain bond with Ben's children are falling apart Where are the original Neighbours cast now? As Australia's favourite soap is axed for a second time we take a look at Ramsay Street's residents Inside Fred Sirieix's wedding to longtime partner Fruitcake as First Dates star dances with bride in sunset snaps Made In Chelsea star the reality series after five years following multiple failed romances and revealing they find filming 'draining Ab-flashing Shakira is back to her best as returns to the stage for Colombia concert - five days after she was hospitalised with health woes 'Is this a joke?' Fans cringe over Meghan Markle's 'ridiculous' advice for throwing kids' parties... as revealed by celeb pal Mindy Kaling Mrs Hinch's eye- watering net worth revealed as the star rakes in four-figures a day after welcoming her third child 2/22/25, 5:33 Woke Berkeley students demand reinstatement of colonial studies lecturer who admitted keying a male professor's car and is accus\u2026 29/46 Love Island's Curtis and Ekin-Su attempt to defend relationship on Lorraine - but it seriously backfires James Bond's most shocking one-liners from X-rated innuendoes to cringeworthy quips - as 007 fans spark fury after 'creative control' is handed over to Amazon EastEnders fans are reduced to tears as Martin Fowler dies in tragic scenes during 40th anniversary live episode Strictly winner Ellie Leach 'flogs old clothes on Vinted for as little as \u00a34' after revealing she's 'unemployed' Kelly Brook lets slip her husband Jeremy Parisi was an extra on EastEnders and she sent him there to help him learn English Good Morning Britain viewers rip into 'insufferable' hosts for 'trying to one-up each other' with constant interruptions - and vow to switch over to Noel Gallagher looks in good spirits as he returns to the studio ahead of the Oasis reunion gigs this summer Alessandra Ambrosio looks more loved up than ever with boyfriend Buck Palmer as they pack on the during coffee date in Rihanna wears a stylish androgynous suit as she rings in her 37th birthday with Rocky and celebrates his not guilty verdict Tattooed YouTuber replaces Rachel Riley on Countdown in shock shake-up - as he announces 'ridiculous' appointment to fans Demi Moore carries her beloved pooch Pilaf in a 2/22/25, 5:33 Woke Berkeley students demand reinstatement of colonial studies lecturer who admitted keying a male professor's car and is accus\u2026 30/46 body sling as she attends furniture launch in California amid her awards success Inside the many controversies of Ugly Betty in the wake of Eric Mabius' battery arrest Mrs Hinch gives birth to a baby boy! Cleaning guru Sophie Hinchliffe welcomes her third child with husband Jamie and reveals his adorable name Courteney Cox, 60, exudes elegance in a pale pink dress as she officiates her friend's wedding in Australia Millie Mackintosh shares 'drunken' throwback snap and admits barely recognise the person used to be' 'Fragile' Ben Affleck reveals dating plans after being left 'exhausted' by Jennifer Lopez break- up Kanye West vows to perform in swastika shirt at Super Bowl in crazed rant amid Kim Kardashian 'family tension' Kate Hudson opens up about raising a second generation of nepo babies as she claims her son Ryder, 21, is set for stardom Bella Hadid has legs for day in tiny shorts at star-studded launch party for her new clothing line Hugh Jackman and Sutton Foster's savage response after Deborra-Lee Furness predicted their relationship 'won't last' 2/22/25, 5:33 Woke Berkeley students demand reinstatement of colonial studies lecturer who admitted keying a male professor's car and is accus\u2026 31/46 Bruce Willis' wife Emma posts new video for National Caregivers Day amid his dementia battle Meghan Markle gives cryptic insight into As Ever rebrand as she shares unseen pictures and a painting of her and Harry from 'memory lane' Sophie Habboo lifts the lid on Made In Chelsea set secrets as she details wardrobe disaster Ugly Betty star Eric Mabius accused of shock act against woman in violent bar brawl before arrest Emilia Perez's trans star Karla Sofia Gascon to skip Awards but won't miss Oscars amid tweet scandal Will Smith flies solo again amid unusual marriage arrangement as he joins glam stars Thalia and Becky at Univision's Premio Lo Nuestro Awards 2025 Critics blast Alec Baldwin's reality show for 'outright offensive spin on tragic death of Rust cinematographer Halyna Hutchins Ugly Betty star Eric Mabius for battery in Florida... as shocking mugshot is revealed Katie Price reveals her son Harvey, 22, has been 'kicked out' of residential care home for being 'too difficult' Jessica Simpson releases her first song in 15 years, Use My Heart Against Me, and video 2/22/25, 5:33 Woke Berkeley students demand reinstatement of colonial studies lecturer who admitted keying a male professor's car and is accus\u2026 32/46 Jamie Laing breaks down in tears as he opens up about his parents' divorce and admits he carries 'huge guilt' for blaming his father reveals the latest bizarre twist in saga of Meghan's new lifestyle brand Emmerdale star reveals his girlfriend is pregnant with their first child - five years after being axed from the soap Racegoer stuns onlookers as she reveals a famous comedian is her mother in hilarious viral clip Ron Howard reveals the very famous '70s actor he is related to (hint: he was on Three's Company stopped drug- addled Pete Doherty driving across London. 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The inside story of arrogant motorbike couple who were charged with spying after everyone told them they didn't know how lonely and isolated country life could be when you're single was delusional to think... 2/22/25, 5:33 Woke Berkeley students demand reinstatement of colonial studies lecturer who admitted keying a male professor's car and is accus\u2026 45/46 Sitemap Archive Video Archive Authors Topics Index Mobile Apps Screensaver Text-based site Reader Prints Our Papers Top of page Daily Mail Mail on Sunday This is Money Metro Jobsite Mail Travel Mail Subscriptions Help & FAQs Published by Associated Newspapers Ltd Part of the Daily Mail, The Mail on Sunday & Metro Media Group dmg media Contact us How to complain Leadership Team Advertise with us Contributors Terms Subscription Terms & Conditions Do not sell or share my personal information About MailOnline Privacy Settings Privacy policy & cookies Gogglebox fans 'switch off' after 'creepy' scene leaves them feeling uncomfortable: 'Too weird and Back to top Home News Royals U.S. Sport Showbiz Femail Health Science Money Travel Podcasts Shopping 2/22/25, 5:33 Woke Berkeley students demand reinstatement of colonial studies lecturer who admitted keying a male professor's car and is accus\u2026 46/46", "9012_102.pdf": "Berkeley Students Threaten Hunger Strike to Reinstate Professor Suspended for Stalking By Holly McDede Oct 28, 2023 Save Article Donate 2/22/25, 5:33 Berkeley Students Threaten Hunger Strike to Reinstate Professor Suspended for Stalking 1/14 Professor Ivonne del Valle speaks during a student-led town hall meeting to discuss progress and future actions to reinstate the professor at the University of California, Berkeley, on Oct. 25, 2023. (Beth LaBerge/KQED) 2/22/25, 5:33 Berkeley Students Threaten Hunger Strike to Reinstate Professor Suspended for Stalking 2/14 This story contains a clarification growing group of Berkeley students has been staging a months-long protest campaign demanding that the university bring a suspended Spanish and Portuguese professor back to campus. They\u2019ve shared testimonies highlighting how influential Ivonne del Valle has been both as a mentor and as a leading scholar at a school with few Latinx faculty. \u201cProfessor del Valle isn\u2019t just any faculty member, she\u2019s the top expert in colonial studies,\u201d said Emily Chamale, a second year Berkeley student, at a protest last month. \u201cThe question that haunts me is: If someone as respected as her is going through such things at Berkeley, what might the future be for the rest of us?\u201d But records obtained by paint a troubling picture of what led to del Valle\u2019s suspension. Over three investigations, which looked into behavior that began in 2018 and continued through 2022, the university found del Valle had repeatedly harassed, stalked and retaliated against Joshua Clover, an English and Comparative Literature professor at Davis, and then violated orders not to contact him. \u2018We want Ivonne back. We\u2019re not going to be silent anymore.\u2019 \u2014Christi\u00e1n Gonz\u00e1lez Reyes, Ph.D. student Clover declined to comment on the record. Student supporters contend del Valle was acting out of desperation, believing that she is actually the victim of harassment and online stalking. They are preparing to disrupt the Cal football game against the University of Southern California in an undisclosed manner on Saturday. \u201cWe want Ivonne back,\u201d said Christi\u00e1n Gonz\u00e1lez Reyes, a Ph.D. student studying comparative literature, who is organizing with the campaign. \u201cWe\u2019re not going to be silent anymore.\u201d The supporters say del Valle is beloved at the university, where she is the only first-generation Mexican woman among faculty in the school\u2019s Spanish and Portuguese Department. 2/22/25, 5:33 Berkeley Students Threaten Hunger Strike to Reinstate Professor Suspended for Stalking 3/14 If del Valle is not reinstated, a group of students plan to stage a hunger strike poster says, \u2018Justice 4 Ivonne\u2019 outside of a student-led town hall meeting to discuss future actions to reinstate professor del Valle. (Beth LaBerge/KQED) 2/22/25, 5:33 Berkeley Students Threaten Hunger Strike to Reinstate Professor Suspended for Stalking 4/14 In an interview with KQED, del Valle acknowledged some of the behavior described in the investigative reports, including keying Clover\u2019s car, vandalizing the area outside his apartment door, contacting his friends, posting an image of his partner online and leaving messages outside the home of his mother. Those messages included one that said raised a psychopath,\u201d according to the university\u2019s investigative reports. She has also acknowledged in the report calling Clover\u2019s office phone line at least ten times within 90 minutes. Throughout each official investigation, del Valle maintains that her actions were the result of being hacked, and that she was not receiving the support she needed did write outside his door, \u2018Here lives a pervert did that. And again, I\u2019m not proud,\u201d del Valle said. \u201cIf had the opportunity to do things differently would do them differently.\u201d Sponsored Del Valle said that she regretted visiting the mother\u2019s home, but disagreed that the message towards Clover\u2019s mother was a threat or that any of her behavior was sexual harassment. She said she had been trying hard to get the attention of anyone who could help her never received help from anybody,\u201d she said Berkeley spokesperson, Janet Gilmore, declined to comment on the specifics of the case, citing privacy laws. \u201cThis means that the university may not publicly disclose confidential information or correct the record if others choose to share \u2014 or misrepresent \u2014 information related to a private matter,\u201d Gilmore said. 2/22/25, 5:33 Berkeley Students Threaten Hunger Strike to Reinstate Professor Suspended for Stalking 5/14 Gilmore added that faculty misconduct allegations are not unilaterally handled by the administration, and that if the Academic Senate\u2019s Privilege and Tenure Committee determines that it is more likely than not in sexual harassment cases that misconduct occurred, then the committee forwards a disciplinary recommendation, up to and including termination, to the chancellor. However, termination of a tenured faculty member then requires approval by the Board of Regents, Gilmore said. Three investigations find misconduct The first investigation, which was completed by Berkeley\u2019s Office for the Prevention of Harassment and Discrimination in 2019, found a preponderance of evidence \u2014 determined to be more likely to be true than not \u2014 that del Valle violated the university\u2019s provisions against stalking and sexual harassment and retaliated against Clover. \u201cThe evidence additionally demonstrates that Respondent monitored, followed, observed, and threatened Complainant, both electronically and in person, and interfered with his property,\u201d the 2019 investigative report concludes. Del Valle, who has been at Berkeley since 2009, said that she was attempting to defend herself when university officials and police all failed to take her concerns that she had been hacked seriously. \u2018The evidence additionally demonstrates that Respondent monitored, followed, observed, and threatened Complainant, both electronically and in person, and interfered with his property Berkeley's 2019 investigative report into professor del Valle's behavior could not substantiate del Valle\u2019s allegations that her devices had been hacked by Clover or anyone else. She provided documentation of an analysis of her laptop and cell phone, which found the phone had been compromised, but the computer showed no evidence of hacking or cyber attack. The analysis falls short of proving that any particular person, including Clover, illegally accessed her devices. In the 2019 investigative report, the Berkeley Office for the Prevention of Harassment and Discrimination found there was \u201cinsufficient evidence to support a finding\u201d that Clover had \u201cengaged in any hacking of Respondent\u2019s electronic devices and is 2/22/25, 5:33 Berkeley Students Threaten Hunger Strike to Reinstate Professor Suspended for Stalking 6/14 harassing or stalking her online.\u201d Del Valle says after writing messages to friends or family members on her phone or computer, tweets from the professor on similar topics would appear. However, documentation provided by del Valle does not prove that anyone has eavesdropped on her messages. She provided 261 pages in multiple documents that she addressed to a Berkeley administrator and review committee. The documents include several dozen instances of why she believes she was hacked. For example, she cites writing a message to a relative in April 2019 mentioning trucks, and then a Twitter account she claimed belonged to Clover tweeted about \u201csimilar trucks\u201d that same day. The investigator also wrote that substantiating the hacking claims was outside their scope and did not \u201cnegate the preponderance of the evidence\u201d that del Valle\u2019s conduct \u201cwould cause a reasonable person to fear for their safety or suffer substantial emotional distress.\u201d The earliest investigated complaint goes back to May 2018, when del Valle, who met Clover after he gave a talk at Berkeley, began sending him Twitter messages saying someone was bothering her and calling her names, according to the investigative report. In December that same year, del Valle acknowledged in the investigation knocking on Clover\u2019s apartment door and telling him she \u201cwas not leaving until he opened the door and explained what he was doing by hacking her.\u201d While sitting outside Clover\u2019s apartment, according to the report, del Valle slid a note under his door that said, \u201cIf you make me leave, it\u2019ll be worse\u201d and then later left him a voicemail, saying can do whatever the fuck want piece of shit\u201d and \u201cYou need to still call me and apologize or you\u2019ll see what I\u2019m going to do.\u201d Soon after that, del Valle vandalized Clover\u2019s car and residence, investigators found. Del Valle also acknowledges those actions in the report. 2/22/25, 5:33 Berkeley Students Threaten Hunger Strike to Reinstate Professor Suspended for Stalking 7/14 Clover told investigators he moved out of his apartment building in large part because of a \u201cpersistent sense of and considerable lack of safety.\u201d He said in the report that the whole experience has been psychologically destructive. He described a hyper vigilance that is \u201caccompanied by an anxiety that is similarly corrosive. It\u2019s miserable and don\u2019t think it will ever go away.\u201d In a settlement agreement in 2020, del Valle agreed not to contact Clover or any of his friends, family, relatives or students. But the following year, del Valle violated that agreement, according to the second investigation conducted by Berkeley in 2021, when she left messages outside and near the home of Clover\u2019s mother, among other violations do understand it\u2019s hard to side with me in that moment, and was punished for that without salary and benefits,\u201d del Valle said. Following that violation, Del Valle was suspended for nine months beginning in November 2021. In its third investigation, the university then found she had again violated the no-contact order in 2022. She said that in the most recent violation she was asking for help from the police on social media, and that she had shared a photograph of Clover\u2019s partner online. \u2018My life is completely destroyed don\u2019t want Berkeley to think that they can do this to a minority woman in order to protect a white, senior professor. It\u2019s not acceptable Berkeley Professor Ivonne del Valle Del Valle said since the suspension in the fall of 2021, she has not been teaching at Berkeley and has been living out of two suitcases because of the uncertainty around her future. She said she could accept an 18-month suspension Berkeley offered as a settlement, but has no plans to do so. If she doesn\u2019t accept that outcome, the case could instead be brought before the university\u2019s Privilege and Tenure Committee, and she could lose her tenure and be fired. \u201cMy life is completely destroyed,\u201d del Valle said don\u2019t want Berkeley to think that they can do this to a minority woman in order to protect a white, senior professor. It\u2019s not acceptable.\u201d 2/22/25, 5:33 Berkeley Students Threaten Hunger Strike to Reinstate Professor Suspended for Stalking 8/14 Clover has stirred his own share of controversy. He was widely criticized for a 2014 tweet saying he was thankful that all living police officers \u201cwould one day be dead.\u201d He later advocated killing police officers, and suggested the easiest way would be to shoot them in the back Davis\u2019 chancellor condemned those statements in 2019 but said they were protected free speech. The campaign to bring del Valle back Those involved in the push to reinstate del Valle and who have testified to her character say the university should have thoroughly investigated her claims of electronic hacking and provided institutional support. The campaign has been publishing written, anonymous testimonies on social media about the positive impact del Valle has had on the academic and personal lives of students and alums. Nearly 30 letters posted so far describe how del Valle made her students feel welcome, inspired them to study colonial Latin America and shaped the course of their academic careers. \u201cIvonne\u2019s vast knowledge of Hispanic culture was not the only thing was immediately shaken by; it was also her professional, humble, and welcoming attitude toward us first-year students,\u201d one letter says. \u201cShe was doubtlessly wise and an extremely ethical, politically engaged, and ethically committed professor.\u201d \u2018Our department is missing an entire field of study, so we have no one that is an expert on colonial studies.\u2019 \u2014Alejandra Decker, Ph.D. student Alejandra Decker, a Ph.D. candidate studying Mexican literature and culture and organizer with the campaign to reinstate del Valle, said the outcrying of support shows how missed del Valle is at Berkeley. \u201cOur department is missing an entire field of study, so we have no one that is an expert on colonial studies,\u201d Decker said. \u201cAnd so no one is coming to Berkeley right now to study colonial studies because we have no one to advise them.\u201d Decker began her Ph.D. at Berkeley in 2018, and del Valle would soon become her primary faculty mentor in the field of Mexican Studies. She took every single graduate and undergraduate class with del Valle that she could, she said, and saw her 2/22/25, 5:33 Berkeley Students Threaten Hunger Strike to Reinstate Professor Suspended for Stalking 9/14 as a \u201cgem\u201d of an academic advisor who welcomed students, checked in on whether they needed help and offered to write them letters of recommendation before they even asked. When del Valle was suspended in 2021, Decker says students were concerned and began seeking answers. \u201cAnd for this entire time, there was never any official communication from our department, which was very hard for us,\u201d Decker said. \u201cHad we not had these conversations with Professor Ivonne, we really would have just thought that our professor had disappeared and no one could tell us why, which takes the rug out [from under] your feet and makes you feel really unstable.\u201d 2/22/25, 5:33 Berkeley Students Threaten Hunger Strike to Reinstate Professor Suspended for Stalking 10/14 Students rally on Sept. 21 at the University of California, Berkeley, calling for the reinstatement of Ivonne del Valle. (Holly McDede/KQED) She said she and other students have read the records describing del Valle\u2019s behavior. But she says organizers still stand by del Valle, and that it\u2019s not her place to judge a woman\u2019s actions when in turmoil and isolated. 2/22/25, 5:33 Berkeley Students Threaten Hunger Strike to Reinstate Professor Suspended for Stalking 11/14 \u201cThose reports \u2014 anyone who reads them think we can all admit that they are difficult to read because they paint Professor Ivonne in a way that personally I\u2019ve never seen,\u201d Decker said. \u201cIt\u2019s a woman\u2019s actions in her biggest moments of survival.\u201d The hunger strike Decker is not alone. More than 275 people and more than 15 organizations have also signed an online petition calling for her reinstatement. Supporters have begun preparing for this Saturday\u2019s football game and the hunger strike to follow. In their Oct. 11 letter announcing the plan, students reference Berkeley\u2019s long history of activism, including the 1999 Ethnic Studies Strike. That strike led to the Multicultural Community Center and the Center of Race and Gender on campus. \u201cWe reiterate, how far are you willing to go before you fix an injustice?\u201d the letter says. \u201cAre you willing to risk students\u2019 lives over this?\u201d Del Valle has said that if she does lose her job at Berkeley, she plans to return to Mexico. But for now, she does not want to give up on staying at Berkeley. \u201cIt is my university. They are my students obtained a job here that deserve,\u201d she said. \u201cI\u2019m a good teacher, the service I\u2019ve brought to the university think it\u2019s significant.\u201d Oct. 28 Berkeley initially described the standard of evidence applied by the Academic Senate\u2019s Privilege and Tenure Committee as a clear and convincing standard. After publication of this story, a university spokesperson clarified that in sexual harassment cases, the standard of evidence is a preponderance of evidence. The story has been updated to clarify this 2/22/25, 5:33 Berkeley Students Threaten Hunger Strike to Reinstate Professor Suspended for Stalking 12/14 Stay in touch. Sign up for our daily newsletter. To learn more about how we use your information, please read our privacy policy. California News Fears for the Feds: San Diego Prosecutors Who Aided J6 Cases Face Trump Trouble His daughter has an ultra-rare genetic disorder. His push to treat it just hit a major milestone National Marine Sanctuary is almost here Email Address: Sign Up 2/22/25, 5:33 Berkeley Students Threaten Hunger Strike to Reinstate Professor Suspended for Stalking 13/14 Radio Podcasts Events Newsletters Mobile Apps For Educators For TV/Film Producers News Science Arts & Culture Technology Labor Crossword Donate Help Center About Staff Report Careers Accessibility Corporate Sponsorship Financial and Files Contact Us Copyright \u00a9 2025 Inc. All Rights Reserved. Terms of Service Privacy Policy 2/22/25, 5:33 Berkeley Students Threaten Hunger Strike to Reinstate Professor Suspended for Stalking 14/14", "9012_103.pdf": "investigation-spurred-months-of-protest/article_a2caa81e-9dc0-11ee-a82e-ef04e548f31d.html #Justice4Ivonne: How a controversial faculty harassment investigation spurred months of protest Swasti Singhai, Ananya Rupanagunta Nov 13, 2023 Ivonne Del Valle is on paid administrative leave after being found responsible for sexual harassment and stalking in three separate investigations conducted by Since August, the #Justice4Ivonne campaign has been demanding the reinstatement of Berkeley colonial studies professor Ivonne del Valle, spurring student and faculty activity. 2/22/25, 5:34 #Justice4Ivonne: How a controversial faculty harassment investigation spurred months of protest \| Academics \| dailycal.org 1/10 Del Valle is on paid administrative leave after being found responsible for sexual harassment and stalking in three separate investigations conducted by the Office for the Prevention of Harrassment & Discrimination, or OPHD. She is currently prohibited from being on campus. However, the campaign to reinstate her contends that del Valle herself is a victim of sexual harassment and stalking. Students have gone to great lengths to make their case known \u2014 protests on campus have grown in size, students were arrested for delaying the Cal vs football game Oct. 28 and most recently, protestors interrupted the Berkeley Symphony Orchestra\u2019s 100th anniversary concert. Now, students are threatening a hunger strike. Yet, even as their cause draws attention, little is known across the greater student body about the nuances of del Valle\u2019s case. Over the past two months, The Daily Californian reviewed hundreds of pages of leaked documents detailing a complicated history of the professor\u2019s last five years, including behavior that led to her dismissal 2/22/25, 5:34 #Justice4Ivonne: How a controversial faculty harassment investigation spurred months of protest \| Academics \| dailycal.org 2/10 Coincidences turn to concern Del Valle\u2019s case began in August 2018, when she claimed that her electronic devices were hacked by Davis professor Joshua Clover. Clover and del Valle met twice in person in spring 2018, after being introduced at an on- campus conference. The two got drinks together in their second encounter to speak about an academic event del Valle was planning. Shortly after their meeting, del Valle noted that conversations, daily activities and concerns in her life were seemingly being alluded to on Twitter after they occurred, typically by anonymous accounts that she alleged could be traced back to Clover. Although Clover declined to comment on the record, he has denied any allegations of hacking, stalking and harassment in subsequent investigations forensic analysis on her private devices, conducted by del Valle in June and provided to The Daily Californian, found that her phone had been intercepted and recommended it should not be used again. However, no evidence was found that indicated hacking or a cyberattack on her laptop. The Daily Californian was unable to independently verify this analysis, which was conducted by Condor Business Solutions in Mexico. In an interview with The Daily Californian, del Valle expressed that the frequency and immediacy of the tweets soon tipped the scale from coincidence to concern; del Valle began documenting posts from Twitter accounts she believed were stalking her. It wasn\u2019t until one of these accounts posted sexual comments \u2014 one on female breasts that del Valle believed described her own \u2014 that she brought the hundreds of screenshots regarding the alleged stalking to the Albany Police Department in October 2018. Del Valle said she went to the department about 10 times between October and November 2018, and subsequently began a long string of communications between herself, OPHD, UCPD, the Davis Police Department and Davis\u2019s Title office. At the end of 2018, campus told del Valle it had evaluated her concerns, but because Clover is employed by Davis, it determined the case to be outside of Berkeley\u2019s jurisdiction. 2/22/25, 5:34 #Justice4Ivonne: How a controversial faculty harassment investigation spurred months of protest \| Academics \| dailycal.org 3/10 This is in accordance with the university-wide Title policy, which describes that alleged conduct must occur on university grounds or \u201cin connection with University employment\u201d to be investigated. Del Valle noted she also filed her case with Davis\u2019s Harassment & Discrimination Assistance and Prevention Program, which was also unable to open an investigation due to a lack of evidence regarding her allegations. In March 2019, a representative from campus\u2019s Center for Long-Term Cybersecurity said he did not examine del Valle\u2019s electronic devices, but he believed that it was \u201cbeyond unclear she\u2019d been hacked by anyone.\u201d Two months later, she contacted Berkeley\u2019s Client Services and said they replaced her computer, but they did not know if it had been hacked. After being denied an investigation, del Valle said she had felt \u201cunheard\u201d and frustrated. It was at this point that she decided to confront Clover herself, and her subsequent actions \u2014 from contacting his family and friends to approaching him directly multiple times \u2014 would eventually result in her suspension from the university. 2/22/25, 5:34 #Justice4Ivonne: How a controversial faculty harassment investigation spurred months of protest \| Academics \| dailycal.org 4/10 investigates misconduct 2019 report filed against del Valle noted that, among other allegations, del Valle emailed Clover\u2019s partner and one of his female colleagues in 2018 accusing him of hacking and sexual harassment. In response, Clover reached out to Berkeley\u2019s OPHD, which initially rejected an investigation into these concerns on the basis that it was \u201cnot clear that the matter fell within OPHD\u2019s jurisdiction.\u201d In December 2018, Clover reported further contact from del Valle, including leaving a note for him at his gym, sneaking into his apartment building and sliding notes under his door acknowledged the \u201cescalation in conflict\u201d but maintained that his concerns did not fall under the office\u2019s scope. As stated in the report, this was due to the lack of a \u201cclear sexual/romantic component\u201d to qualify Clover\u2019s concerns as a Title issue. Furthermore, del Valle\u2019s conduct occurred outside the context of the university and its employment, further disqualifying it from investigation. In lieu of an investigation into Clover\u2019s initial claims, the office issued a no-contact directive to del Valle on Dec. 31, 2018, which prohibited indirect and direct contact with Clover. Del Valle ultimately violated the no-contact directive given to her: In April 2019, she contacted Clover multiple times through email and Twitter few weeks later in June, she called his office 10 times within a 90 minute timespan, leaving 10 corresponding voicemails. This would eventually qualify Clover\u2019s case against del Valle because she called him on a \u201cUniversity-provided\u201d device, allegedly threatened to visit his classroom and posted comments \u201cof a sexual/romantic nature\u201d on Twitter, the report states then opened its first investigation into del Valle in 2019; two more investigations would take place in 2021 and 2022. During the investigations, del Valle confirmed most alleged actions taken against Clover. These included leaving him notes at his address and frequently contacting him over email, phone and Twitter. 2/22/25, 5:34 #Justice4Ivonne: How a controversial faculty harassment investigation spurred months of protest \| Academics \| dailycal.org 5/10 Del Valle declined to respond to other allegations of retaliatory actions listed in the investigations, including vandalizing Clover\u2019s apartment hallway, door and car. She later confirmed these actions, however, in an interview with The Daily Californian. Del Valle also acknowledged writing in chalk in front of Clover\u2019s mother\u2019s house \u2014 as noted in the 2021 report \u2014 leaving messages such as, \u201cIs it nice to be the mother of an abusive jerk?\u201d These messages were the seventh point of contact del Valle had with Clover\u2019s mother, according to the 2021 report. The 2021 report also examined a Twitter account created by del Valle pretending to be Clover. The account\u2019s biography read \u201cTwitter communist, hacker, entitled piece of shit. Didn\u2019t choose the institutions, but chose to hack and stalk. Twitting bombastic idiocies 24/7 7#7.\u201d While del Valle acknowledged creating this account, she disputed allegations that she had used the account to follow Clover\u2019s students. Although del Valle acknowledged the actions she took against Clover, she reiterated that they had stemmed from a place of frustration and now regrets them. She further questioned the objectivity of the report, noting that certain pieces of evidence she provided or requested \u2014 particularly a forensic analysis on her Twitter and character witnesses \u2014 were not considered in the investigation. According to UCOP-wide Title procedures, while both parties in an investigation \u201chave the right to identify evidence and witnesses,\u201d it is the investigating officer who ultimately determines what evidence may be considered in the investigation. In the 2022 investigation report against del Valle rejected the character witnesses submitted by her on the grounds that it \u201cdoes not generally\u201d use such witnesses. The 2021 report also noted that conducting a forensic analysis was outside of the scope of their investigation reports in 2019 and 2022 note the investigator did obtain and use information from police officers del Valle had spoken to between 2018 and 2022. The investigations contained various comments from officers on del Valle\u2019s mental state. The 2019 report included, for example, a statement from the Albany Police Department in which an officer stated del Valle presented \u201cearly stages of delusion.\u201d The statement was not part of submitted evidence, but rather took the form of a phone call to the investigator. 2/22/25, 5:34 #Justice4Ivonne: How a controversial faculty harassment investigation spurred months of protest \| Academics \| dailycal.org 6/10 Campus disciplines del Valle Ultimately, all investigations \u2014 2019, 2021 and 2022 \u2014 concluded that del Valle had either violated policy or the resulting no-contact directives. The 2019 investigation concluded that del Valle engaged in \u201cconduct that amounted to Stalking, Sexual Harassment\u2013Hostile Environment, and Retaliation.\u201d Afterwards, del Valle was placed on paid medical leave, barred from campus and prohibited from advising students for the spring 2020 semester. The 2021 investigation concluded that del Valle violated the no-contact directive given to her in November 2020. She was then suspended without pay and prohibited from using non-public spaces on campus and teaching for the fall 2021 semester. The 2022 investigation concluded that del Valle had again violated the same no-contact directive and policy by attempting to contact Clover indirectly. It also held that any message she \u201cclaims to be sending to him,\u201d even writing in a Word document or texting herself, counted as prohibited conduct, regardless of whether he received the communication; by virtue of del Valle believing Clover was her stalker, the 2/22/25, 5:34 #Justice4Ivonne: How a controversial faculty harassment investigation spurred months of protest \| Academics \| dailycal.org 7/10 reports argue, even unsent messages were counted as intended and thus prohibited communication. The third and last investigation into del Valle ended in November 2022, after which she was placed on unpaid leave, set to expire Feb. 1, 2023. In January, the vice provost for faculty Victoria Plaut informed del Valle that she would be placed on paid involuntary leave immediately following the expiration, while the adjudication process was still ongoing. Del Valle said in an email that she rejected an 18-month suspension offer, which was withdrawn Nov. 2. In discussing general disciplinary procedures, campus spokesperson Janet Gilmore noted in an email that allegations of faculty misconduct are reviewed and advised upon by multiple campus committees. These include senate faculty committees and the privilege and tenure committee. Students protest for reinstatement The three investigations were leaked to the campus department of Spanish and Portuguese by Clover, according to email correspondence obtained by The Daily Californian. 2/22/25, 5:34 #Justice4Ivonne: How a controversial faculty harassment investigation spurred months of protest \| Academics \| dailycal.org 8/10 In the email, Clover wrote that the acting Title officer and director informed him that he is \u201cat liberty to share these documents as see fit.\u201d According to Gilmore, the university does not prohibit complainants or respondents from sharing case information. Emily Chamale, a campus sophomore and one of the primary #Justice4Ivonne organizers, said she and many of the campaign members were aware of the investigation reports before they were leaked publicly. Despite the information contained in the reports, Chamale said she believes that the investigations were conducted with a limited scope and biased nature, only reinforcing her support for del Valle. \u201cIt\u2019s important to acknowledge that before she took those actions, she had already asked for help,\u201d Chamale said. \u201cWhat see is a desperate woman of color asking for help. It was not okay, what she did, but she had already asked (for) help to the police, OPHD, the administration Davis \u2026 she was not being heard.\u201d Many students in the campaign echoed similar sentiments, noting that del Valle, as one of the only Mexican women in her department, served as a role model for them. As of press time, the #Justice4Ivonne campaign website displays 28 testimonies from former colleagues, undergraduate and graduate students who note the \u201chuge void\u201d left by del Valle\u2019s absence, as well as her \u201cprofound and positive\u201d impact on campus. \u201cWe\u2019re doing this because we know Ivonne and we just want to take classes with her again,\u201d Chamale said. The campaign has confronted Chancellor Carol Christ several times in hopes of reinstating del Valle: Members interrupted the Berkeley Discovery Lecture hosted by Christ, asked her questions directly during the Oct. 11 Senate meeting and protested at the recent Founder\u2019s Dinner outside of Doe Library. Christ declined to comment on the case, noting she is unable to comment on personnel matters. Gilmore also noted the university cannot legally disclose private information or \u201ccorrect the record if others choose to share.\u201d \u201cWe are dedicated to providing a safe and supportive community where faculty, students and staff can thrive,\u201d Gilmore said in an email. \u201cOur policies and procedures stem from those values. These policies and applicable law also require that we protect the private, confidential records of faculty, students and staff.\u201d 2/22/25, 5:34 #Justice4Ivonne: How a controversial faculty harassment investigation spurred months of protest \| Academics \| dailycal.org 9/10 Swasti Singhai City News Editor Ananya Rupanagunta Following its protest at the v. Cal football game, the campaign intends to conduct a hunger strike before the end of the semester. David Lemus, a Stanford University graduate student and campus alumnus, said students have used hunger strikes as a protest tactic against campus in the past \u2014 specifically during the 1999 Ethnic Studies Hunger Strike, which resulted in additional funding for ethnic studies and the establishment of the Multicultural Community Center. \u201cWe feel like we have to use those radical tactics again because the Chancellor is still refusing to reinstate Ivonne,\u201d Lemus said. Specific details regarding the hunger strike are currently unclear. Del Valle is not a part of the organizing process for the campaign. Instead, she is typically invited to events after they are publicly announced. Although she noted that she has occasionally disagreed with the campaign\u2019s actions, she is grateful for their support was isolated,\u201d del Valle said was angry, and wasn\u2019t thinking clearly did those things and regret them \u2026 But now, (with student support feel much better feel stronger.\u201d Chanyoung Chung, Sandhya Ganesan, Isabelle Nunes, Chrissa Olson and Matt Brown contributed to this article. 2/22/25, 5:34 #Justice4Ivonne: How a controversial faculty harassment investigation spurred months of protest \| Academics \| dailycal.org 10/10"}
7,845	Sol Saporta	University of Washington	[ "7845_101.pdf", "7845_102.pdf" ]	{"7845_101.pdf": "Collection Home Social Anarchism Table of Contents Author Sol Saporta Published in Social Anarchism #22 1996 Printable Version \| More in this collection \| Search: \| << The Promise of Social Eco... \| Working Classics >> Book Review Society, Language and the University: From Lenny Bruce to Noam Chomsky by Sol Saporta Reviewed by: Jane Meyerding Comes now a collection of essays, interviews, and letters by Sol Saporta, a linguist, humorist, and inveterate gadfly who spent 30 years on the faculty of the University of Washington. To introduce the reviewer's perspective (minimally, but enough to indicate possible conflicts of interest have spent the past 15 years at the University of Washington myself, as a member of the non- professional classified staff. Sol Saporta retired in 1990. It's not surprising, given the nature of the institution, that was unaware of his existence until the events immediately surrounding his departure. Too bad would have enjoyed cheering from the sidelines as he exposed his academic colleagues to the opinions of a man who takes \"the word liberal in such expressions as liberal arts and liberal education to be primarily related to its original meaning, i.e., 'free, or pertaining to a free person,' and only secondarily to mean 'general or extensive.' In other words, a liberal education is presumably a 'liberating education'.\" (85) The numbers give you a certain kind of feel for what this book is. Within 224 pages, there are 30 separate pieces divided into six sections (five of the sections are theme-based; the sixth contains five brief letters by Saporta to the student paper and the Seattle Times). By far the longest section is the one called \"Noam Chomsky: Language and Politics,\" which includes two fairly length interviews with Chomsky, with interspersed comments by Saporta, and an essay in which Saporta reflects on Chomsky's epistemology and ethics. The shortest, but none the less heart-felt, section is devoted to Saporta's defense of horse racing and its fans, the gamblers. With a selection ranging all the way back to 1974, it's not surprising that a few of the essays seem a bit dated, but most of the book remains provocative and engaging. This book is bound to inspire both conversation and argument. Saporta expresses his opinions in declarative sentences that, when they don't evoke cries of agreement, will certainly provoke an outcry of opposition. In reviewing current feminist evaluations of Marilyn Monroe, for example, Saporta declares do not know which is cause and which is effect, but the deterioration of the women's movement is related to its assimilation into the academy.\" (18) Plenty of fodder right there for a discussion lasting well into the wee hours, and then you still haven't even touched on Marilyn Monroe, the subject of the essay. 2/22/25, 5:34 The Library at nothingness.org/Society, Language and the University library.nothingness.org/articles/1/en/display/288 1/4 Time and again Saporta throws out an intriguing or infuriating statement and leaves it there, undeveloped, as he continues on his merry way. \"Hey, wait a minute,\" you hear yourself say, \"you're wrong about that.\" (As when he claims in passing, on p. 42, that women \"cannot simultaneously deny men their linguistic privilege and refrain from using sexist language,\" which doubt, not to mention the odd notion that women might be in a position to \"deny men their linguistic privilege.\") Or, \"but what does that mean?\" you cry. (As when he throws out, on p. 47, the technical information that \"Linguistically...the bias against old people more closely resembles that towards racial and ethnic minorities than it does the bias towards women.\") The collection's strong points are its wide-ranging view, from Lenny Bruce as cultural activist to the academy as agent of social control, and Saporta's commitment throughout to digging up those \"shared assumptions\" that lie hidden beneath so many public debates. Occasionally a story or illustration turns up in a second essay, and some editing of the collection as a whole might have eliminated the unnecessary repetitions. Most of the stories are good enough to hear twice, though, and this is not a book that requires a sustained, one-session reading. Personally, Saporta is an odd but not unusual blend of populist free- thinker and cynic. The principle he applied during his academic career to every question of curriculum change was: \"the more options the better; the more requirements the worse.\" (87) That principle often implies some basic level of trust in the average human. On the other hand, here is Saporta on his beloved race-world: \"Every racetrack is populated by gamblers, touts, hustlers, and bookies, all with a little larceny in their hearts, which, paradoxically, makes them a cut above the average citizen when it comes to honesty, decency, and integrity.\" (119) Go figure. For me, the story of Saporta's expulsion from the garden -- in the form of his virtually forced retirement from the University of Washington after being charged with sexual harassment -- cannot help but fascinate. Saporta was not accused of anything heinous, you understand; nobody claimed he raped or even attempted to assault anybody. But a series of women students and former students did say he had \"frequently asked them out on dates, hugged them, licked their ears, and kissed them open-mouthed on the cheek,\" behavior that the then-chair of Linguistics had warned him \"was interfering with his duties as a departmental advisor because students were staying away from his office Daily, June 18, 1990) Saporta does not deny those charges in this book, but he does attempt to \"re-position\" them, as an academic feminist might say. He raises, in fact, many of the same issues that bell hooks has been exploring recently, trying to find or create a \"margin\" where the power differential between professor and student, an inequality imposed by the institution and its rank-based definition of authority, can be set aside by those who wish to be more free than the usual definitions allow. Despite being sure that would not want Saporta to lick my ears can sympathize with his frustration when he writes that \"my attempts to raise some of these issues during the initial stages of the investigation were dismissed as 'intellectualizing,' the irony of which will not be lost on critics of contemporary education.\" (77 think Saporta's dilemma here can be seen as one version of a problem many anarchists encounter in various aspects of our lives. When we want to be free to behave in ways that transcend (read, violate) social or legal boundaries, we like to assume that everyone else is free to join us \u00ad and equally free not to join us, if that is their preference. All too often, that result is that we free ourselves from 2/22/25, 5:34 The Library at nothingness.org/Society, Language and the University library.nothingness.org/articles/1/en/display/288 2/4 recognizing the ways in which those \"others\" are not in a position to live as freely (yet) as we are. It's a balancing act. On the one hand, we do want to challenge people (including ourselves) to be more free. But on the other hand, we can't underestimate the effects of unfreedom. It may seem ludicrous that a woman would be unwilling to enter the office of her advisor simply because she fears he might lick her ear. But that's the insulting kind of damage inflicted on many of those who happen to be women students in the university's hierarchy- within-a-hierarchy where the lessons of unfreedom traditionally have been specially adapted according to gender, age, ethnicity, economic class, and (to some extent) individual history. In his support for gambling Saporta writes do not wish to paint with too broad a brush, but the division between the paternalistic, authoritarian left, on the one hand, and the libertarian left, on the other, may be precisely and quite accurately reflected in the conflicting attitude toward gambling, and by extension to other social phenomena, like prostitution, pornography, drugs, nontraditional expressions of sexuality, etc.\" (114) Well, perhaps. But surely it's not that simple, Sol, not if you start taking into consideration the point of view of the horses or, by extension, the prostitutes. Five years before Sol Saporta was forced into retirement, his colleagues and former graduate students created and published Festschrift for Sol Saporta to \"pay tribute to a life dedicated to the pursuit of knowledge, understanding, justice, and excellence.\" His students remember him as someone who \"does not teach by simply transmitting information....He is there to make you think.\" During his 15 years as chair of the Linguistics Department, they say, he \"fought tirelessly against mediocrity and discrimination and for academic freedom,\" including the right of students to participate in all decision-making that affects them. Sounds like a good person, a good teacher, to have around. His loss from the university must have been a relief to those professors and administrators who prefer the civil acceptance of hypocrisy to a relentless pursuit of truth, but it also must have been a relief, sadly, to the women students who were so weakened by their socialization that they felt powerless to protect themselves against him except by making themselves fodder for the institution's adversarial system where, as Saporta puts it, \"vindication and vindictiveness become surrogates for justice.\" And forgiveness becomes impossible have been thinking a lot lately about forgiveness -- and forgivingness -- as another attribute of a just society. Berel Lang wrote (Tikkun, March/April 1996): \"If, as experience constantly informs us, it is beyond our capacity never to be guilty of wrongdoing, then we also pretend to be better than we are if we forget the possibility of such failure even on occasions when we seem farthest from it; that is, when we are ourselves victims.\" We need to learn to live justly with people who do harm, whether the harm in question is murder or \"nontraditional expressions of sexuality\" that cause another person psychological pain. The traditional method, as employed against Sol Saporta, is to throw the offending party away. That's not going to work when we get where we're headed, so we might as well start thinking about it now. \| << The Promise of Social Eco... \| Working Classics >> Bibliography 2/22/25, 5:34 The Library at nothingness.org/Society, Language and the University library.nothingness.org/articles/1/en/display/288 3/4 Society, Language, and the University: From Lenny Bruce to Noam Chomsky by Sol Saporta, 224 pp. New York: Vantage Press, 1994. $14.95 paper. Page generated by the dadaPHP system. 0.0064 sec. 2/22/25, 5:34 The Library at nothingness.org/Society, Language and the University library.nothingness.org/articles/1/en/display/288 4/4", "7845_102.pdf": "Sally Macdonald Six former students say a University of Washington professor who was suspended from his job for sexual harassment also behaved inappropriately toward them. The university said Prof. Sol Saporta, who taught linguistics at the university since 1960, chose to retire immediately rather than face an investigation into the new complaints against him. Last month Saporta, 65, was given a one-year suspension without pay after three women students filed complaints with the university Human Rights Office, saying he had hugged, kissed and licked them on the ears. The human-rights office had determined that Saporta had harassed the women and recommended he be terminated. But a faculty panel, appointed by the dean of the College of Arts and Sciences to determine disciplinary action in the matter, reduced the punishment to suspension and mandatory counseling. Saporta also was ordered to have no contact with the three women. Saporta could not be contacted at his home yesterday. Earlier, he said his behavior toward the three complainants was inappropriate, but he said his advances were harmless flirtations. Saporta said he had tried to apologize to the three women after a hearing on the complaints, ``but don't think the apology was welcome.'' Margaret Campos, a graduate student and one of the three, said she was relieved that Saporta will not be coming back to the UW. ``He was not going to be a very effective teacher if he came back. It's better for our department, and it's better for me to be able to go back to school and not have to worry about seeing him there.'' The students who joined Campos in the original complaints asked not to be identified, and the university didn't say who made the new complaints. Six More Harassment Complaints Prompt Professor To Retire Jun 16, 1990 2/22/25, 5:34 Six More Harassment Complaints Prompt Professor To Retire \| The Seattle Times 1/2 The six women came forward apparently as a result of news accounts of the suspension, said Thomas Scheidel, associate dean of the College of Arts and Sciences. Their complaints of harassment by Saporta go back 10 to 15 years, he said. According to a news release from the university, the faculty panel had acted on the assumption that the three original complaints constituted a limited pattern of behavior. When Joe Norman, dean of the college, met with Saporta to tell him he was going to reopen the faculty review in light of the more recent reports of harassment, Saporta chose to retire. Scheidel said he knew of no complaints against other professors as a result of the publicity about Saporta. ``As alert as everyone is about this and as sensitive as this is think would know if there were any,'' he said. Scheidel said Saporta would not be allowed to come out of retirement and teach a class at the as retired professors often do. 2/22/25, 5:34 Six More Harassment Complaints Prompt Professor To Retire \| The Seattle Times 2/2"}
8,445	Mark Chaves	University of Notre Dame	[ "8445_101.pdf", "8445_102.pdf", "8445_103.pdf", "8445_104.pdf" ]	{"8445_101.pdf": ".----------------------------~-- -~-- ~--~--------------------- Thursday, January 25, 1996\u2022 Vol No. 75 Chaves on leave after harassment charge By and Assistant News Editor McGRATH News Writer Following an allegation of sexual harassment, Associate Professor of Sociology Mark Chaves has taken official leave of his teach- ing duties, effective this semester, according to University sources close to the si tua- tion. Chaves, a tenured pro- fessor, was accused of making sexual suggestions to a female undergraduate research assis- tant. in effeet linking her acade- mic success to their relation- ship, according to several sources. The University declined to comment on Chaves' employ- ment status. \"University policy is to make no public statement about personnel matters,\" said Director of Public Helations Dennis Moore. Richard Williams, chair of the sociology department, also re- fused to comment on the situa- tion, saying only that Chaves was on leave for the Spring 1996 semester and is continu- ing his research at Notre Dame for the time being. William acknowledged that a \"situation\" occurred between Chaves and the student. but said he would not comment. \"The people involved should speak for themselves,\" Williams said. The student who made the al- legation declined to comment on the record to The Observer, citing pending legal action against the University. When reached, Chaves said have nothing to say at this time.\" The University became in- volved when the student ap- proached the Provost's office in early November of last semes- ter with her complaint. An undergraduate source close to the situation said that the com- plaint was based on comments of a sexual nature made by Chaves both at school and in phone calls to the student's home. ln one such incident, the source reported that Chaves called the student late one night and, in the course of conversa- tion, said \"the benefits of sleep- ing with a professor\" would include improved pay and bet- ter letters of recommendation for graduate school. According to the source, the situation developed in late September when Chaves al- legedly told the student he found her attractive. The stu- dent reportedly felt uncomfort- able with the comment and spoke to several people regard- ing it. \"She came to me and said a professor was coming on to her,\" a University official with knowledge of the matter said. \"She didn't use any names advised her to follow University policy, which encourages the [complainant] to go to the per- son and settle it with them.\" The student reportedly then mentioned her concerns to Chaves, questioning the pro- priety of a relationship between a professor and a student, ac- cording to sources. However, these same sources allege that Chaves continued his pursuit of a relationship with his assis- tant, with the comments pro- gressing in their sexual nature faculty member with whom the student spoke said, \"She came to me first for advice be- cause she could see it [the ha- rassment) coming, but [Chaves) had not yet put it all in one sen- tence. He had a power over her in that respect. She later came back to talk to me after the harassment became overt. At that point myself and others see page 4 Conference spotlights quality of life 'Progressive' U.S. lagging in women's equality issues By Saint Mary's News Editor Tonight marks the start of Saint Mary's \"Play of the Mind\" conference. The three-day event turns its spotlight on the College with its topic, \"Encompassing Leadership.\" Saint Mary's has hosted the conference for the past six years. Traditionally, other colleges are invited to participate; however, this year the conference takes a new angle. Inspired by a grant from the Fund for the Improvement of Post Secondary Education (FIPSE). the conference looks inward to foeus on the quality of life at Saint Mary's by \"raising the issues that seem to be in the most need of leadership and vision,\" acconling to the grant pro- posal, written by co-chairs GeorgBanna Hosenbush, the director of student aetivities, and Patrick White, associate dmtn of faculty. Conference tnam members view the \"Play of the Mind\" Its an opportunity to improve the College through discus- sion. \"It's good that it foeus- ns on Saint Mary's, because The Observer/Cynthia Exconde Program coordinators Georgeanna Rosenbush and Patrick White discuss this week- end's \"Play of the Mind\" conference at Saint Mary's. there's things that need to be taken care of here,\" said Lynette Malecki hope to gain more insight into what others think about Saint Mary's, com- pared with what think.\" Students. alumnae, administrators and faculty members are involved in conference activities. Lectures, small discussion group and workshops cover the weekend, with topics ranging from \"Exploring Saint Mary's cultures\" to \"Uncovering leadership.\" Tonight, Cheryl Mabey, the director of the women's leadership program at Mount Saint Mary's College in Los Angeles, CA. will deliver the keynote speech at 8 p.m. in O'Laughlin Auditorium. The topic is \"Women in leadership: a special legacy.\" By News Writer Even though Americans con- sider the United States the world's most progressive coun- try, visiting scholar Diana Zoelle said several other nations are more egalitarian toward women. Other nations have seized the lead in such areas as the number of women leaders, constitutional equal rights clauses, and ratifica- Davis tion of U. N. documents on women, she said. Zoelle joined panelists from India, Bangladesh. and Notre Dame yesterday afternoon and discussed the condition of women at the scholastic, national, and global levels. Notre Dame professor Patricia Davis moderated the discussion. The four panelists agreed that \"the oppression of women is transhistorical and transglobal.\" The four women also agreed that social struc- tures are as important as laws in the attainment of equality. Sujatha Gopalakrishnan told the audi- ence that in India, husbands often kill their wives when the wives' families fail to pay the dowries they promised. These deaths by dowry are strictly prohibited by law, but Gopalakrishnan said \"there's not a single day that the newspapers don't report a dowry see page 4 esc begins interviews for service projects China prepares to bomb Taiwan Legitimacy of threat hinges on March election should be taken seriously. The threats apparently are meant to prod the United States to rein in the influence of the island nation, which is regard- ed by China as a rebel province. The most pointed of the Chinese warnings was relayed through a former assistant sec- retary of defense, Chas. W. Freeman Jr., who met this win- ter with senior Chinese offi- cials, the Times said. Observer Staff Repon Applications for Summer Serviee Projects (SSP) are due by Feb. 9 at the Center for So- eial Concerns. The pro- jects, which come with a $1,500 scholarship and three theology cnldits, con- sist of volun- teering for Cunningham Bight weeks at sites around the country. Anyone interested in applying should do so as soon as possi- ble rather than wait until the deadline, according to Sue Cunningham, director of the SSPs. Interviews for applicants have already begun. with juniors being interviewed this week, sophomores next week, freshmen during the week of February 4-10, and later appli- cants during the week of February 11-17. Those who are interviewed earliest have the greatest chance of getting their top location choice, according to Cunningham. During the eight week pro- jects, students are required to keep a journal; in addition, they are expected to attend a follow-up retreat upon their return to campus. Applications can be obtained at the esc. Associated Press China has warned the Clinton administration that it has pre- pared for a missile attack on Taiwan, The New York Times reported Wednesday limited attack could be mounted if the expected winner of Taiwan's first democratic presidential election in March doesn't change his ways. the newspaper said. While those familiar with the threats do not think China is on the verge of waging war, China experts say the warnings China also may be trying to force the nation of 21 million people to abandon the cam- paign of President Lee Tenghui to push for greater internation- al recognition. Lee is expected to win the election in March. Kremer Ting, press office director of President Lee, said Lee has been cautious when dealing with issues concerning Taiwan-China relations, and that people in Taiwan should not panic because of the news- paper's report and what were termed other rumors about China attacking Taiwan. On Jan. 4, Freeman told President Clinton's national security adviser. Anthony Lake, that the People's Liberation Army had prepared plans for a series of attacks against Taiwan. consisting of one con- ventional missile strike a day for 30 days. Meeting participants said Freeman quoted a Chinese of- ficial as saying China could attack Taiwan without fear of U.S. interven.tion because American leaders \"care more about Los Angeles than they do about Taiwan.\" page 2 summer alternative The first time that a girl proposed marriage to me was last summer was volunteering at the Boys and Girls Club of Fort Wayne, Ind., as part of the Center for Social Concerns' Summer Service Projects. At the club there was a seven-year-old girl by the name of Danyelle, who chose me as her partner for everything Associate News Editor she did. One day, she and were playing checkers in the library room while discussing the philosophical merits of being the red chips. As she double-jumped two of my checkers, she popped the question: \"Brad,\" she said with a twinge of pouting that typifies every seven-year-old who wants something, \"will you marry me?\" With a response in keeping with any guy faced with commitment proceeded to dodge the question by taking her king. \"Well, Brad ... \" \"Umm, uhh, when would the wedding be asked, stalling. \"How about next Tuesday?\" \"Well, Danyelle, I'd love to get married, but I've got a dentist appointment Tuesday, so can't replied. \"Sorry. Otherwise would.\" \"Oh, okay!\" And with that, she went off to play with the Legos, her timeless love for me having apparently evaporated. However superficial Danyelle's proposition might have been, it was nice. It meant that had made a connection with her, something that didn't happen too often in the summer's earlier weeks started my project by work- ing in the club's game room helping kids understand the importance of playing within the rules and respecting the abilities of their opponents. But simply trying to keep the kids in line became my overriding focus. Maybe the kids were just testing me because was new, but felt overwhelmed. Fortunately, before knew it, kids like Jeremy and Bobby were approaching me to talk about their weekends, the interests they had in some of the girls at the club or how they thought the Cubs still had a chance to win their division. And then realized: Kids make sure that a club volunteer is a perma- nent fixture before they begin placing their trust in him. Coming from homes of divorce or re-marriage, they were used to growing attached to an adult, only to see him leave. For them became a constant among the chaos. And that, more than anything, was the best way could help saw a lot of problems during my two months at the Club: broken families, drug problems, child abuse, and abuse of the wel- fare system. It frustrated me that was pow- erless to solve these problems, but then, which of them could be solved in a mere eight weeks? Though they have dealt with more problems than any kid should ever have to, their enduring spirit is a strength that can only admire know that was influenced by these kids, but think, and hope, they learned a little bit from me. Over 160 students volunteered all over the country last summer, and each person had an experience unlike anyone else. Some, like me, worked with kids; others worked with the homeless patients or the elderly. Yet all agree that the program is worth it. Applications are still being accepted for next summer's projects, and interviews began this week. If you're thinking about applying for a project, but haven't done so yet, here are two words of advice: Do it. The views expressed in the Inside Column are those of the author and not necessarily those of The Observer STAFf News Heather Cocks Bill Connolly Sports Mike Day Todd Fitzpatrick Graphics Chris Mullins Viewpoint Meghan Smith Production Belle Bautista Tom Schlidt Lab Tech Mike Ruma The Observer 599 2-4000) is published Monday through Friday except during exam and vacation periods. The Obsc:rver is a member of the Associated Press. All reproduction rights are reserved. -~~-- -~-~------ The Observer Thursday, January 25, 1996 sets new fund-raising record- $16 million These are heady times for Republicans, at least as far as fund-raising goes - the raised a record $16 million at a gala Wednesday night with more checks from the single evening event still to be counted. Billing the event as \"The Road to the White House,\" the Republican National Committee played host to more than 3,200 people at a black-tie dinner where they could rub elbows with House Speaker Newt Gingrich Chairman Haley Barbour and lawmakers from Congress and statehouses around the nation. \"We're already 50 percent past our previous record, which is a fine way to start on the road to the White House,\" said investor James D. Robinson, who spearheaded fund-raising for the party's annual gala. 'You have our pride, our respect and our gratitude.\" Robinson also encouraged the donors to seek out Republican congressman, senators ands governors attending the event. \"Go talk to them,\" Robinson encouraged the crowd, \"Give them your encour- agement, your ideas and your support.\" The thoughtfully attached red, white and blue streamers to the nametag of each attending governor, so that strangers would know from a distance they were politicians. Outside the gala at the District of Columbia Armory - in an impoverished neighborhood two miles from the Capitol - 50 sign-waving protestors from the citizens' lobbying group, Common Cause, chanted at the guests arriving in evening clothes. \u00b7 \"Who are you buying? Who are you buying?\" was the chorus over and over again. Several signs proclaimed \"End Big Money Politics,\" with a dollar sign substituting for the \"s\" in politics. Inside the cavernous hall, which has been the scene of boxing matches and cir- cus performances, opulent tables were set with three-foot gold candleholders and vast fruit baskets. The gathering broke the record set at its gala last year, which generated more than $11 million for the party. Barbour, impressed with the fund-raising total, told the guests they are \"3,200 of the Republican Party's best people.\" The first order of business, according to organizers, was to help raise the $12 million the will be able to spend for the November presidential election. Nearly all the men wore tuxedos, except for numerous members of Congress, who arrived still wearing their work uniforms - dark blue or gray suits. Washington off-beat Republican presidential candidates and their ... Hidden talents Lamar Alexander Piano playing Patrick Buchanan Movie reviewer Whistling Bob Dornan Reciting Shakespeare Steve Forbes Ability to run through airports Phil Gramm Target shooting _!?.i.~~-~~9.!1.!.. ...... \u00b7\u00b7\u00b7\u00b7\u00b7\u00b7\u00b7\u00b7\u00b7\u00b7\u00b7\u00b7\u00b7\u00b7\u00b7 Played varsity basketball at Oxford University Gallup poll, Nixon had close ties F.ugitive caught in strip club George Gallup Jr. recalls relentless Nixon White House requests for polling data. Louis Harris says presidential aides had a \"fetish\" about his syndicat- ed surveys. By getting results of the independent polls before they were published, Richard Nixon's subordi- nates were able to draft elaborate \"game plans\" to exploit favorable data and occasionally tried to squelch negative.findings, White House memos in the National Archives show. Harris con- firmed in an interview he once killed a column lead after Nixon aide Charles Colson complained. And the records indicate a Gallup survey taken immediately after a Nixon speech on Vietnam used at least one question suggested by the White House. \"The Nixon administration pursued Harris and the Gallup Organization in order to manipu- late poll results and public opinion,\" two researchers found in Political Science Quarterly. Sunken ferry holds dead bodies JAKARTA, Indonesia Five days after a ferry sank in the sea north of Sumatra, authorities are trying to figure out how to raise the wreckage, which could hold as many as 100 bodies. Although rescuers say there is little hope of fmding more survivors, Communications Minister Haryanto Dhanutirto said Wednesday that ships and helicopters will continue combing the ocean for another week. Dhanutirto said President Suharto agreed to plans to try to raise the 555- ton Gurita, which is lying on the ocean floor 900 feet be- low the surface. The Gurita had 210 people aboard when it sank Friday night in a storm near the island of Weh, off the northern tip of Sumatra. It was escaped convict Clifton Brumley's love of the high life that finally caught up with him - an hour before closing time at a strip joint terse note in a man- agement log at The Gold Club tells the story: \"At 1 a.m., 1-24-96, customer wearing wig in club matched descrip- tion of a wanted man detailed in an circular dropped off by agent Roger White.\" An alert \"house mom\" to the strippers called police. About 20 minutes later, the sus- pect was leaving in handcuffs. Police said Brumley tried to grab an officer's gun but was quickly subdued, and later turned over to federal custody. That ended a four- day, three-state odyssey that began when Brumley drove a tractor away from a prison farm near Texarkana, Texas, on Saturday. Brumley is charged in federal com- plaints with unlawful flight and the robbery of a credit union. During a brief hearing Wednesday, he waived his right to a lawyer and agreed to be transferred back to Texas. In and out of prison since 1980, he was most recently sentenced in May for a parole violation. Episcopal ex-treasurer pleads fraud NEWARK. N.J. The former treasurer of the national Episcopal Church admitted in federal court today that she embezzled more than $1.5 million but said her actions may have been linked to mental illness. Ellen F. Cooke, who had lived in Montclair while she worked at the church's headquarters in New York, pleaded guilty to transferring stolen money and tax evasion. Cooke, 52, faces about three years in prison and fmes of twice the theft when sentenced April 29 by U.S. District Judge Maryanne Trump Barry. She may seek a lesser term since she is being treated by a psychiatrist for what her lawyer called a \"bipolar mood disorder,\" said assistant U.S. attorney Robert L. Ernst. The AccuWeather\u00aeforecast for noon, Thursday, Jan. 25. Thursday, Jan. 25 AccuWeather'\" forecast for daytime conditions and high temperatures ILL. llndianapoli3 30 ~~Qci1c\u00a3fla(f ~~ S~~;e~ T-~t~;,;.s Rain ~~~;;;~~ -~~~\u00b7~:\u00b7 ~~-=. Sunny Pl. ~~~~dy ~lo Via Associated Press GraphicsNet Lines separate high temperature zones for the day. FRONTS: \"'T'\"T\"\" ............_ 1996 Accuweather, Inc. Pmssure V'ta Associilted Press Atlanta 52 37 Dallas 55 45 New O~eans 66 53 Baltimore 39 21 Jamaica 42 20 New York 40 19 Boston 32 19 Los Angeles 65 45 Philadelphia 43 23 Chicago 30 26 Miami 78 68 Phoenix 65 40 Columbus 42 26 Minneapolis 27 22 St. Louis 37 31 ______ ..... _ ----- -........ Leaps and Bounds! The Observer/Cynthia Exconde member of the Notre Dame/ Saint Mary's Gymnastics Club soars above the rest at practice yesterday afternon. The club's first meet will take place on Friday, February 2 at Miami of Ohio rS17 DAYSrSl Flowers, Roses, Balloons, Birthday Cakes, Fruit Baskets, Plush Animals and Gifts ~asy 'PatGh Clocktower Square 51400 31 North Phone Answered South Bend 24 Hours a Day 277\u00b71291 or 1\u00b7800\u00b7328-0206 INVITATION: Of special interest to Urban Plunge Students: Come and talk with gang members from Cabrini Green and Dearborn Housing Projects in Chicago at the Center for Social Concerns 4:30 - 5:30 pm Saturday, January 27 (before the w.va game) These men can speak candidly about their experience as gang members and answer questions (open to all) The Observer page 3 Russian hostages liberated Relief marred by conflict with rebel factions By Associated Press Dozens of hostages seized by Chechen rebels in a raid out- side their separatist republic this month were released Wednesday in an exchange clouded by new clashes be- tween rebels and Russian troops. The Chechens continued to hold 14 Russian policemen taken after the Jan. 9 raid in neighboring Dagestan that touched off a bloody siege and escalated the 13-month-old war. Television footage showed the 46 hostages filing onto a bus in the Chechen village of Novogroznensky after talks between rebel leaders in cam- ouflage fatigues and impas- sioned Dagestani elders in tall sheepskin hats. Two hours later, when the police convoy escorting the 40 men and six women arrived at its final destination of Khasavyurt, Dagestan, the freed hostages were greeted by relatives with shouts, smiles and hugs. The release, originally planned for the previous day, came after Russian authorities turned over the bodies of 42 Chechen fighters killed in the previous week's fighting, the lnterfax news agency reported. The war remained at a high pitch less than a week after Russian troops ended the tO- day standoff by destroying the rebel-occupied village of Per- vomayskaya in a deadly show of firepower. Clashes in the breakaway republic claimed the lives of six Russian soldiers Tuesday night and Wednesday, according to Moscow, and two others were wounded. Russian troops reportedly raided rebel strongholds in the Chechen capital Grozny, seizing stockpiles of weapons. The Chechens again refused to free the 14 Russian police- men, but Dagestani officials said they hoped they would be released this week. \"The main demand of Du- dayev's gunmen has been to commit to the earth immedi- ately the dead bodies\" of their 42 fellow rebels, police officer and negotiator Akhmed Adiyev told the AR-Tass news agency in Khasavyurt. \"After the bodies are buried, the mili- tants will agree to let us take the hostage policemen.\" The rebels also are holding about 30 Russian power-plant workers whom they seized in Grozny last week. In a desperate two-pronged effort to end the war and mute its disastrous political effects, President Boris Yeltsin is mov- ing to both crush the rebels and reconstruct war-shattered Chechnya in the runup to June elections. He is expected to run for reelection day after pledging to hunt down the rebels and crush their fight for independence, Yeltsin ordered a huge increase in spending, including up to $1 billion in foreign loans, to Summer Internships for Undergraduates The Environmental Research Institute a joint activity of the University of Notre Dame and Argonne National laboratory in collaboration with the Center for Bioengineering and Pollution Control \u00b7 is pleased to announce a competition leading to the award of three summer internships at the Argonne National Laboratory for the Summer of 1996 with a follow-on research appointment for the Fall. The applicants must be citizens or permanent residents, be enrolled at the University of Notre Dame, must have completed their Junior Year by the Summer of 1996, and must be registered to return in the Fall of 1996. For more details please contact the Center for Bioengineering and Pollution Control, 152A Fitzpatrick Hall, 631-8376 Deadline for application: March 1, 1996 rebuild Chechnya. Yeltsin ordered the release of $3.4 billion to restore the region and pay benefits to refugees and other victims of the war. The move nearly quadruples the spending on rebuilding Chechnya that the government had proposed in the 1996 bud- get. Parliament cut most of those funds. Analysts said the move sig- nals a turn away from the un- popular tight-money policies that had been expected since Communists dominated last month's parliamentary elec- tions. Yeltsin's decree did not speci- fy which foreign loans the funds would come from, but the 1996 budget calls for about $8 billion from foreign lenders, mostly the International Monetary Fund and the World Bank. \"Inevitably, it will hurt the budget,\" Alexander Livshits, Yeltsin's chief economic aide, told AP-Dow Jones after the announcement. As many as 30,000 people have been killed and 300,000 made homeless since the Kremlin sent tens of thousands of troops into Chechnya in De- cember 1994 to put down its three-year drive for indepen- dence. Have something to say? Use The Observer classifieds. The Observer is now accepting applications for: 1996-97 Editor-in-Chief .Any und~rgraduate ~r graduate student at the University of Notre Dame or Samt ~ary s College Is ~ncouraged to apply. The editor-in-chief is entirely ~espons1~le ~or the ?peration of The Observer. Applicants should have a strong Interest ~~ J~urnahsm and possess solid management, public relations, and co~mumcati~~s skill~. Previous newspaper experience or a background in wntmg and edmng, while helpful, is not required. Appli~ants should submit a resume and five-page statement to john Lucas by 4:00 P\u00b7 m., Frzday, january 26, 1996. For additional information about the position or application process, contact john Lucas at 631-4542, or stop by the office on the third floor of LaFortune. page 4 Chaves continued from page 1 urged her to go through the Provost.\" In November, following the advice she had received, the student went to the Office of the Provost and accused Chaves of sexual harassment. University policy, as stated in the du Lac Supplement, dic- tates that when a complaint is made, the progress of events is then monitored by the Provost. Policy states, \"The Provost's office will review and investi- gate the complaint as deemed appropriate to determine the merits of the allegation .. .In the course of the investigation, the alleged harasser will be in- formed of the allegations, the identity of the complainant, the facts surrounding the allegations and will be afford- ed a full opportunity to respond to the allegations week after approaching the Provost, sources said, the student was informed that Chaves had resigned after dis- cussing the matter with University representatives. The University would not comment on the length of Chaves' leave, the reasons for granting that leave or his sta- tus for next semester, howev- er. Chaves, 35, has been a mem- ber of the University's faculty since arriving from Loyola [Chicago] in August 1992. Ac- cording to Williams, he was awarded tenure three years --- -------------------------------------------------------------,. The Observer earlier than is average, in May 1994. According to sources, Chaves continues his research on campus one day a week. However, the student involved was assured by the Provost's office that she would have no further contact with Chaves. Chaves reportedly directed a letter to the student through the Provost's office approxi- mately one week after the accusation, apologizing for the situation and claiming he didn't realize his comments were upsetting her. \"Ignorance of the law is no defense,\" a University official said cannot believe he could be that ignorant of the implications of his behavior feel strongly that his behavior was flat-out wrong.\" Wo01en continued from page 1 death.\" The killings remain acceptable to Indian society even after they have become unacceptable to Indian laws, she said. Faustina Pereira told a simi- lar story about her native Bangladesh. In that country, where divorcing a spouse is as simple as saying divorce thee\" three times, the Hindu Koran is often misconstrued to give only husbands this divorc- ing power. Legally, a woman can have the same right if she asks for it at her marriage, but Bangladeshi sociey has ignored that privilege. Thursday, January 25, 1996 and St. Mary's in the enforce- ment of parietal rules. While from a legal standpoint pari- etal rules are identical in male and female dorms, one mem- ber of the audience said that sexist social customs makes the rules more stringent in women's dorms. Lisa Siefert, a St. Mary's stu- dent, disagreed that there is sexism in parietals and said that they are to be expected in a Catholic environment. However, she questioned whether parietals are intended solely to establish a quiet time in dorms: \"Men and women don't make more noise togeth- er than they do on their own,\" she said. Middle East peace talks reopen Pressure from the West is ending these practices, said Pereira, because investment and aid are often tied to reform Audience members sug- gested that a similar, although less serious, discrepancy be- tween de jure and de facto practices exists at Notre Dame The panelists ended with two suggestions toward making America more egalitarian. First, political parties should stop using women's issues and the anti-feminist backlash to gain votes. Second, states should protect women's \"posi- tive rights\" including education as well such \"negative rights\" as freedom from harm. By Associa\u00a3ed Press Israel and Syria resumed peace talks Wednesday with American mediators hoping participation of two generals on each side would spur the com- promises and tradeoffs that seem necessary for a settle- ment. The private talks reopened at the Wye Plantation in eastern Maryland with muted expres- sions of hope and a clear U.S. statement that breakthrough was not imminent. \"We can't foresee a specific diplomatic timetable that will lead us to a comprehensive peace agreement,\" State De- partment spokesman Nicholas Burns said. Nor is the time right, Burns said, for President Clinton to invite Syrian President Hafez Assad and Israeli Prime Minis- ter Shimon Peres to the United States for a summit meeting to hasten settlement. \"We don't know if a break- through will occur - if it does occur - in February, March, April or May,\" Burns said. The talks are a buildup to a 17th negotiating trip to Damas- cus and Jerusalem early next month by Secretary of State Warren Christopher. The sec- retary told The Associated Press the time has come for Is- rael and Syria to begin making tradeoffs and compromises. Security arrangements for the sensitive Syria-Israel border are high on the agenda of the (4 j'lt,t) !i OEP\u00a3Nll DESTIN~liOIII D~liS LEIIGTI\\ Of Sl~Y. t~SGG~.StJ lllii Dill AT: Wye talks. On Monday, Israeli Foreign Minister Ehud Barak told Christopher that his gov- ernment may drop its proposal for a ground-based surveillance station on the Golan Heights if the two sides can assemble a package of other measures suf- ficient to guard against surprise Syrian attack. Syria rejected the Israeli pro- posal for ground surveillance last June, and the talks went into a six-month recess. The generals who joined Wednesday's new round near Queenstown, Md., 50 miles east of Washington, were Muham- mad al-Umar and Hassan Khalil of Syria and Uri Dayan and Danny Yaton of Israel. Also, U.S. officials said Assad gave new authority to Ambassador Walid al-Moualem after Christopher met with the Syrian leader Jan. 12 in Damascus. The agenda was prepared Tuesday at an unannounced meeting chief U.S. mediator Dennis Ross had with al- Moualem and the head of the Israeli delegation, Uri Savir. American Lt. Gen. Daniel Christman, who has accompa- nied Christopher on trips to the Middle East and toured the Golan Heights to make a U.S. security appraisal, also was at the table at the Wye conference center. Syria is insisting Israel give up the hilly plateau it captured in the 1967 Six-Day War, which provides a clear view of Syrian tank movements. Peres has hinted he would comply, but only for the right peace terms. Israeli opposition leader Ben- jamin Netanyahu again de- nounced the prospective trade- off as a dangerous gamble. The Observer is now accepting applications for the following position: Assistant Accent Editors Accent Copy Editors Freshman and Sophomores encouraged to apply. Please submit a one-page personal statement to Krista in 315 LaFortune by January 25th. Call 631-4540 with questions. Wanted: Reporters, photographers and editors. Join The Observer staff \u2022 Christ~ Pmsion: Medieval Mystery Plays edited and Directed by Mark Pilkinton Monday, January 29, 7:00pm Tuesday, January 30, 7:00pm Callbacks: Wednesday, January 31, 7:00pm \u2022 21 women 23 men 1 pianist 1 percussionist 1 dancer Lab Theater - Washington Hall Get Further info and sign up for an audition time in 320 O'Shaughnessy Hall. First Company meeting will be Thursday, February l. First rehearsal will be Sunday, February 25. Performances are Aprill7-2l is committed to \"non-traditional casting\" that is, casting is done without regard to race or ethnicity. Stage \"families\" need not be of the same race and/or ethnicity. We encourage all talented, interested students to audition \u2022 learn more about the basics of the Catholic Church \u2022 meet new people \u2022 show off your time-management skills (you're eating, leaming enjoying yourself all at the same time INCLUDE: <>Vatican <>Prayer <>Ethical Behavior <> Church Authority \u00a2 Sexuality /Relationships \u00a2Lent <>Easter <>The Saints <>Social Justice 12:15-1:00 2ND FLOOR, SOUl (but not by us!) Bring your tray upstairs or get a grab 'n go Any questions? Call John, Sylvia, Darrell or Kate at Campus Ministry: 631-5242 liM Thursday, January 25, 1996 The Observer page 5 Serbs to regain Croatian land under direction By Assoliated Press SJPOVO, Bosnia It's called the Anvil, a region of rugged valleys and ran- sacked ghost-towns where a pivotal question may soon be answered: Will Bosnia's Serbs conclude that peace pays divi- dends? The wedge-shaped Anvil, cov- ering 580 square miles in northwest Bosnia, is by far the largest chunk of territory due for transfnr under the U.S.-bro- kmod peace accord - Bosnian Croat militiamen who con- quered it last year are to hand 1 Bosnian government- Creal federation ................... \"'\"' Serbs New partition line \u00b7 .... . Banja Luka .._\\ Mrkonjic Grad ~:.~\u00b7\u00b7\u00b7\u00b7\u00b7 .............. \u00b7 ~ \\ .... '\u00b7\u00b7t\u00b7\u00b7\u00b7\u00b7\u00b7\u00b7\u00b7\u00b7 .... s:Ovo \\~~~~\u00b7\u00b7\u00b7\u00b7\u00b7\u00b7\u00b7\u00b7\u00b7\u00b7\u00b7\u00b7\u00b7\u00b7\u00b7\u00b7\u00b7\u00b7\u00b7\u00b7\u00b7\u00b7 \u00b7\u00b7\u00b7\u00b7\u00b7... \\ 25 miles TheAnvll ~ ) ... ! \u00b7 .... \u00b7 25km '\u00b7\u00b7\u00b7\u00b7\" 50 miles 50km APN/m. J. Castello }(,':;\u00b7 Cakufu.-. it back to the Serbs next month. British troops, who are assigned to a northern swath of Bosnia with the Anvil at its heart, have taken on the task of persuading the Serbs that they are peacekeepers, not occu- piers - and that the peace they hope to keep will benefit the Serbs as much as anyone else. \"If we can make it all work, it says to the Serbs: 'We do not regard you as denizens of utter darkness,\"' said British Maj. Gen. Michael Jackson. \"We want to show absolute even- handedness, and create an atmosphere for the future.\" The British have made re- construction and resettlement of the area a top priority. Jackson, the British com- mander, plans to move his headquarters from Gornji Vakuf in government-controlled central Bosnia to Banja Luka, the Serb stronghold just north of the Anvil. It would mark the first time since the Serbs launched Bosnia's war in 1992 that either U.N. peacekeepers or established a major headquarters on Serb territory. The last Croat militiamen must be out of the Anvil by Feb . 3, and Serb civilians will be free to return to their former homes. But a grim sight awaits any early returnees. The Anvil's two main towns - Sipovo and Mrkonjic Grad - have been devastated, first by shelling, then by systematic looting and arson committed by Croats before tl)ey fled the prospect of renewed Serb rule. Croats even set their own houses afire rather than let . 99.1 . i:eometri,. i ... \u00b7\u00b7\u00b7\u00b7\u00b7\u00b7\u00b7\u00b7\u00b7\u00b7 ,.. r~~,~~:ifl'~~.: ii ;;~~im\u00b7,i, Serb families live there soldiers have witnessed the destruction, but have no man- date to stop it. \"It looks like something out of a nuclear war,\" said Jackson. \"It's a very sad place.\" But in Banja Luka, where tens of thousands of displaced Serbs have taken refuge, plans are afoot to resettle the Anvil. The Serb mayors of Sipovo and Mrkonjic Grad came to inspect their damaged towns last week- end, and is urging the Serbs to tackle reconstruction. \"They want to come home, whatever home might be,\" said Brig. Richard Dannatt, corn- mander of the British base at Sipovo. NATO's primary mission in the Anvil is to provide a sense of security for Serbs and relief groups who will bear the brunt of reconstruction. But Dannatt said his troops will also provide help with engi- neering, health care and other services. Polish leader resigns amid allegations By Associated Press WARSAW, Poland Poland's prime minister, a former Communist ln office for less than a year, said today he would resign amid charges that he spied for Moscow for more than a decade. Prime Minister Jozef Oleksy made the announcement on national television hours after the military prosecutor's office opened an investigation into the allegations, which Oleksy has denied. \"Dear compatriots, the pro- paganda against me and my party and the coalition contin- ues, but the governing of the state cannot be disturbed,\" Oleksy said have thought everything over and decided that my affairs and my fate must be put aside.\" Oleksy said he would submit his resignation to President Aleksander Kwasniewski, who was expected to accept it. The 49-year-old Oleksy was the first former Communist to be Poland's prime minister since the Communist regime fell in 1989. He became demo\u00b7 cratic Poland's sixth prime minister in March. The charges that he passed classified documents and other information to Moscow were first made last month by supporters of Solidarity hero Lech Walesa, who had just been defeated in his bid for re-election. Olesky resisted calls by op- position parties and even from within his leftist coalition to step aside, but suggested he would consider resigning if a formal investigation was opened resign because am inno\u00b7 cent,'' said Olesky, who was wearing a black suit have nothing to hide am not afraid of the investigation .... Only that can show the truth and clear me of the charges.\" Oleksy has acknowledged being friends with a man who later proved to be a top spy in Poland, but claimed he had only social contacts with him and did not know he was an agent. He also accused supporters of Walesa of. fabricating the alleged evidence against him. Walesa lost his bid to be re- elected president in November to Kwaniewski, Oleksy's party colleague. Walesa had urged Oleksy to resign. Early parliamentary elections would \"improve this uncomfortable political situa- tion that we have today in parliament,\" Walesa said. Kwasniewski, a former Communist who once opposed opening secret service files, suggested last week that the entire archive be made public to end the speculation. Opposition leaders warned that the move could severely damage Poland's intelligence and counterintelligence agen- cies, and some expressed fear that the 111es might contain damaging information that would show Solidarity activists had cooperated with the secret police under the Communist regime. Despite the controversy. however, recent opinion polls show the former Communists are gaining support among or- dinary Poles, while the oppo- sition has slipped the '\\\\-92 ilftacks rMfiJ. When it comes to math, it's sink or swim. Fortunately, we've found a way to help you keep your head above water: the new Tl-92. It'll tear through statistics, crunch calculus and rip algebra to shreds unlike any other calculator. Of course, the Tl-92 isn't just a piranha of power. Wtth easy-to-read pull-down menus, it's as L!<!J\"\"-\"\"\"\"-\"-'-' friendly as Flipper. To see for yourself why the l'l-92 calculator is the biggest fish in any ,? pond, try it out . .~~4-.,.h:;:,. on the Internet ~~;.!,~?gm Send e-marlto: b-coreslib.com or calli-BOO-n-CARES. Cll995 See the new Tl-92 at: Hammes Notre Dame Bookstore page 6 The Observer Thursday, January 25, 1996 New cooling method eliminates use Heart disease deaths on rise Air conditioning loses ground to ice-melting unit By Associated Press Back around the turn of the century, they air-conditioned theaters by fanning air across giant blocks of winter ice that had been stored underground until the summer. Now ice conditioning - the high-tech variety - is back, and its promoters say it will save energy and help phase out ozone-depleting chemicals. Office buildings in Chicago's Loop already are cooled by a central plant filled with 5 mil- lion pounds of giant ice cubes. Boston is next. Northwind Boston plans to build three downtown cooling plants at a cost of $60 million. The company was formed Tuesday by subsidiaries of Boston Edison Co. and Unicorn Corp. of Chicago. The plants freeze large blocks of ice at night, when electricity demand is low and the price cheap. During the day, as the ice melts, the cold water is pumped to the buildings. The process begins all over again after dark. The first plant, due to be hooked up next year, could cool up to 10 buildings the size of Boston's largest without using chlorofluorocarbons, or CFCs. The manufacture of CFCs was discontinued this year because of concern over the shrinking ozone layer. \"We're offering these owners an alternative to changing refrigerants or replacing their whole chiller system,\" said Rick Zimbone, president of the Boston Energies Technology Group, the Boston Edison sub- sidiary participating in North wind. By eliminating their own air conditioning units, building owners could save on mainte- nance. Northwind's cost would \u2022 Used books bougi1t and sold \u2022 2ti categories of Books \u2022 25,cm Hardback and Paperback books in stock \u2022 Out-of-Print Search Service: $2\"' \u2022 Appraisals large and small Open noon to six Tuesday through Sunday 1027 E. Wayne South Bend 46817 (219)232\u00b78444 be comparable to installing a new system four-story plant in Chicago owned by Unicorn Thermal Technologies began pumping cooled water to Chicago office buildings in the spring, just in time for a killer heat wave dur- ing the summer. \"It worked great for us. It kept up all summer long,\" said Rich Penner, who works in one of those buildings as a supervi- sor at Inland Steel Co. \"It was a very smooth transition.\" The 19-story building is one of nine connected by under- ground pipes to the Adams Street plant. Two more plants are under construction. The Adams Street cooling plant covers half a city block. Above the Osco Drug store on the ground floor, a network of chillers and pumps gives way to two stories of ice tanks. Each tank is the size of a tractor trailer and contains four miles of tubing that freezes the water. The 34-degree water from the plant is piped to a heat- transfer station in each build- ing. The heat-transfer station, the size of a couple of desks, draws cold out of the water. The warm water is then looped back to the cooling plant. By Associated Press The number of U.S. deaths from heart and blood vessel- related diseases rose in 1993 after falling steadily since 1980, according to new figures from the American Heart Association. The association expressed concern Wednesday that the increase may represent a rise in the death rate from cardio- vascular diseases. The rate will be calculated later from infor- mation that allows it to be adjusted to account for the growth and aging of the popu- lation. \"Rates are stabilizing at best or actually going back up,\" said Thomas A. Pearson, a New York cardiologist who is vice chair- man of the Dallas-based associ- ation's council on epidemiology and prevention. \"It starts this huge shotgun blast of questions\" about possi- ble reasons for the reversal, from public nonchalance about risk factors to cardiologists' treatment of heart attacks, Pearson said. In 1980, more than 999,000 Americans died from cardio- vascular diseases. The figure bottomed out in 1992 at 923,000 and rose to 954,000 in 1993, the last year for which figures are available, the heart association said. Stroke deaths also climbed, Call New Horizons Travel ''Your Party Planners\" (800)639.-4674 or (219)273.-4934 51529 Bittersweet Rd., Granger 24 ~~ ~rJttine - (219)277-9749 26th 9:00AM to 5:00PM Camp Sweeney is an equal opportunity employer. killing almost 150,000 Americans in 1993, about 6,000 more than the previous year, according to the group's annual statistical report. The report suggests that two factors are to blame for the increases: the general aging of the population and, paradoxi- cally, increased survival rates among heart attack sufferers, who are then more susceptible to death from other heart ail- ments. As the large baby boom gen- eration starts turning 50 this year, stroke and heart disease death rates will likely surge over the next few decades, Sidney C. Smith Jr., the heart association president, said in a statement. Major cardiovascular diseases include coronary heart disease, stroke, hypertension, rheumatic fever and rheumatic heart dis- ease. From 1983 to 1993, death rates from heart- and blood ves- sel-related diseases declined by slightly more than 23 percent, from about 238 to 181 per 100,000 people each year, after adjustments for age and popula- tion growth. The rising average age of the U.S. population should prompt people of all ages to try to re- duce heart-disease risk factors, including cigarette smoking, cholesterol, physical inactivity and being overweight, said Clyde Yancy, a cardiologist who researches heart ailments at The University of Texas Southwestern Medical Center at Dallas. \"There has not been as much attention placed on treating things like high-blood pressure in older people as in middle- aged and younger people,\" said Yancy, who is also president of the heart association's Dallas division. In 1996, cardiovascular dis- eases will cost the nation $151.3 billion, including medical treat- ment and lost productivity resulting from disability, accord- ing to the heart association. 4121 219/291-9200 5327 219/277-8121 219/875-8511 L---------------------------------------------------~--~~~--~-~--------.. -.------~-~.~~-~------------~~--~----------~ Thursday, January 25, 1996 The Observer Clinton opts for conservative approach 'Polished' speech garners high approval rating By Associated Press BEDFORD, N.H. Balanced budgets and small- er government. Work for wel- fare. Wholesome television and perhaps uniforms in public schools. This is decidedly con- servative, and seemingly Hepublican, turf. But President Clinton is eager to claim it as his own, as evidenced by a State of the Union appeal in which he sounded more like a compassionate conservative than the man who just two years ago proposed a massive, government-regulated health care overhaul. For Clinton and Bob Dole - or whomever the Republicans nominate to oppose the presi- dent this fall - the November eleetion is likely to come down to a credibility contest as much as a clash of competing visions. \"The era of big government is over,\" Clinton said, delivering a line Republicans expected to hear from a new president a year from now. Clinton is a polished orator, and the overnight polls once again showed high public approval of a major Clinton address. So on the morning after, Republicans didn't take issue so much with what Clinton said, instead focusing on whether he meant it. Dole, campaigning in Iowa, reminded voters that Clinton had once again promised a tax cut after failing to deliver on the one he promised during the 1992 campaign. \"Is there any credibility there?\" he asked hodgepodge of contradic- tions,\" was how House Speaker Newt Gingrich put it, noting that even as Clinton called for less government, he proposed several new, if modest, govern- ment initiatives, from a schol- arship program for top high school seniors to requiring a chip in televisions so parents can keep their children from watching programs they find objectionable think, in the long run, that doesn't matter much,\" Gingrich said of Clinton's overnight rat- ings mean don't agree with P.T. Barnum that there's a sucker born every minute agree with Abraham Lincoln, that you can't fool all of the people all of the time.\" For all his rhetoric to the con- trary, Dole said Clinton stood CI~~E[\\~U~ Dl presented by Notre Dame Communication and Theatre 631\u00b77361 7TH NoTRE 5 fiLM fESTIVAL y & 5 y 7:30 9:45 5 NtTE MusEUM oF BEsT ftLMS DoME World Wide Web<http:/ /www .nd.edu/-cothweb/wwwsnite.html> for three things: \"More govern- ment. Bigger government. More meddlesome government.\" With prospects for a balanced budget agreement fading, that is the core of a message Republicans say they are confi- dent will prevail in the fall, Clinton's skills at salesmanship notwithstanding. In their view, Clinton can be painted as the obstacle to many of the very things he has long promised, from welfare reform to tax relief for the middle class to balancing the budget. \"Say anything, do nothing presi- dent,\" is the favorite anti- Clinton slogan in the ranks these days. But there are concerns about the party's messenger. At a closed-door Capitol Hill meeting of conservative lawmakers and activists Wednesday, many worried aloud that Dole was not forceful or animated enough in responding to. Clinton, particularly at the out- set of his speech. \"Substantively he was fine, but there was a consensus that we are not going to match Clinton on TV, with Dole or anyone else in the field,\" said one participant who described the session on condition of anonymity. Dole's rivals were only too happy to agree. Commentator Pat Buchanan told New Hampshire voters Wednesday that Dole \"was not adequate to the task, to put it mildly pitcher got shelled and we better go to the bullpen if we want to win the series.\" Dole seemed mindful of such concerns when he told Iowans, \"winning this nomination is not just about spots, not about being the most negative and who can throw the most rocks .. Clinton's challenge Issues President Clinton tackled in his State of the Union address, which he dubbed America's Challenge \u2022 Family responsibility ~linton stresses the ~t Importance of tt children's upbringing. \u00b7\u00b7 IJ. .. ,\\ ...,._~ \u2022 Education ~ Clinton proposed ~ a$1,000 merit scholarship for the nation's top 5 percent high school graduates. He also said he'd expand a federally funded work-study program. ') \u2022 Economic security ... -_\"\"'\"\"\u00b7' Protect Medicare, II;{ 41 Medicaid and workers' f~: \u00b7\u00b7'11 p~n.sions; raise the yt ,; . _ { m1mmum wage. .J-_r \"\"\"\"'u \u2022Crime Clinton called for a new assault on gang-related crime nd drug trafficking. \u2022 The environment Businesses that clean up abandoned properties could be eligible for tax breaks. \u2022 Foreign policy America must continue in its role as \"responsible peacemaker throughout the world\". \u2022 Government The government must continue down the path of reinvention and downsizing Are You Prepared? WeAre. ~ small classes of 15 or fewer ciJ free Caduceus software ~ free extra help with your instructor !:5i1 four computer-analyzed diagnostic exams ~ independently verified score improvements ~ guaranteed satisfaction Classes begin Feb 3rd. for the April 20, 1996 test. (800) 2 The Princeton Review is not affiliated ~ith Princeton University or the AAMC. Earn $$$ for Spring Break February 16~ 17 ~ 18 Sign ups are: Sat 1127 9:00a.m.-6:00p.m. page? Forbes stands up to flat tax opposition By Associated Press MOINES, Iowa As Republican rivals increase their attacks on Steve Forbes, the publisher on Wednesday ripped into \"chick- en Iittles and fear mongers\" who are targeting his flat tax proposal. Forbes - whose personal wealth has been estimated at more than $400 million - also discounted the impact a flat tax would have on his own finances. \"Let me be candid,\" Forbes told a Republican breakfast club. \"Steve Forbes has been blessed in life will do all right if you don't change the tax code will do all right if you do change the tax code.\" Forbes has made a 17 per- cent flat tax the centerpiece of his campaign for the Republican presidential nomi- nation. It's a feature of his bar- rage of television advertising - that and slashing attacks on his rivals. Polls have him gaining ground with the Iowa caucuses less than three weeks away. The movement in the polls has prompted other Republicans to respond directly in their own ads, including front-runner Sen. Bob Dole, with many of the attacks focus- ing on the flat tax. Forbes' opponents say the flat tax would benefit the wealthy and would devastate housing values and charitable giving by eliminating deduc- tions for charity and mortgage interest. But Forbes said a flat tax would drive down interest rates, more than offsetting the loss of the mortgage interest deduction. \"You have more money in your pocket and the cost of your mortgage goes down,\" he said. \"In the real world that will help housing, not hurt it.\" He also dismissed worries the proposal would balloon the deficit. \"Contrary to what the chick- en Iittles and fear mongers have said, government rev- enues would go up and not down,\" he said. Concern about a drop in charitable giving assume \"the American people need to be bribed by the tax eode to give,\" he added. Forbes' Hepublican rivals also suggest he would benefit personally by a lower tax rate and have called on him to give details of his finances. Forbes has declined to release tax returns. Sun 1/28 10:00a.m.-3:00p.m. Catering Employment Office \u2022 Basement South Dining Hall page 8 Spanish minister indicted on 'death squad' charge By Associated Press MADRID, Spain Spain's Supreme Court in- dicted a former member of the prime minister's inner circle Wednesday for allegedly di- recting death squads against Basque separatists. The counts against former Interior Minister Jose Bar- rionuevo - the most senior official to be formally accused in the case - cast doubt on Prime Minister Felipe Gonza- lez's denial of government in- volvement in the slayings of at least two dozen people in the mid-1980s. Gonzalez predicted Bar- rionuevo would be exonerated, and told a radio interviewer: \"My conscience is absolutely clear. I've tried to do every- thing within legal means.\" Supreme Court Justice Ed- uardo Moner accused Bar- rionuevo and then-state se- curity chief Rafael Vera of set- ting up the shadowy GAL, or Anti-Terrorist Liberation Groups, in 1983 to combat the armed Basque separatist group, ETA. ETA, an acronym in the Basque language for Basque Homeland and Freedom, has killed more than 7 50 people in its 28-year campaign for in- dependence for Spain's three northern Basque provinces. Most of the victims were Spanish security force mem- bers. Barrionuevo was indicted for alleged illegal detention, mis- use of public funds and asso- ciation with an armed group in connection with the attacks on ETA, most of which took place in the separatists' haven in southern France. The. indictments, the judicia- ry's most damning report on high-level government in- volvement in the death squads, says Barrionuevo and Vera or- ganized the death squads and and \"assumed the role of di- rectors.\" Vera was indicted last sum- mer on the first two counts. He was indicted Wednesday for alleged association with an armed group. Barrionuevo and Vera fi- nanced GAL's attacks with In- terior Ministry funds, the in- dictments said. To finance the kidnapping of a suspected member, Vera gave a briefcase stuffed with $198,000 to Interior Ministry subordinates, who channeled it to mercenaries, the indictments alleged. The kidnappers, however, snatched the wrong man. The indictments are based on testimony from 12 former law enforcement officials and a former Socialist official, all of whom have also been charged. Socialist leader Ricardo Garcia Damboranea has testi- fied that Gonzalez himself dis- cussed plans for with him. Gonzalez denied it, and the court cannot call the prime minister for questioning unless parliament lifts his immunity. Opposition politicians de- manded that Gonzalez take personal responsibility for GAL's four-year campaign of bombings, kidnappings and killings. \"The electorate will decide on March 3 who is politically responsible, and to what ex- tent the Socialist Party is re- sponsible,\" said Josep Antoni Duran, leader of the Demo- cratic Union of Catalonia, which gave Gonzalez's gov- ernment a parliamentary ma- jority until splitting with him last summer over the Basque killings. Barrionuevo, who led the interior ministry from 1982 to 1988, did not appear in court to receive the indictment. On Jan. 12, Moner ordered him to hand over his passport and post a $125,000 bond. Barrionuevo was expected to appeal to other Supreme Court judges to have the indictments dismissed. If convicted, he faces up to 35 years in prison. If you see news happening, call The Observer at 1-5323. At 8:00/l0:30P GRI;_J;~UNG: .. Jl_2~ .. 2P.M. The Observer Thursday, January 25, 1996 Britons demand disarmament U.S. group favors delay until peace talks begin By Associated Press BELFAST, N. Ireland U.S.-led commission of- fered a compromise Wednesday to end a disarmament deadlock in Northern Ireland, recom- mending that the and pro- British gunmen keep their weapons until peace talks be- gin. The recommendation of the commission, led by former Sen. George Mitchell of Maine, directly challenged the British demand that the Irish Republi- can Army start disarming be- fore the IRA-allied Sinn Fein party negotiates with the province's pro-British Protestant majority. But the recommendation fell short of endorsing the opposing position that the and pro- British paramilitaries should not discard even a single bullet before a peace settlement. The commission has only advisory powers. It was formed last year in an attempt to break the stalemate that had gripped the peace process in recent months. British Prime Minister John Major said he welcomed the commission's call for com- promise, but immediately set a new condition for the talks by backing Protestant calls for an election in Northern Ireland to pick an assembly of negotiators from all parties, including Sinn Fein. Protestant leaders of the Ulster Unionists - Northern h\u00b7eland's biggest political party - say the elections would be the only way to determine how much public support moderate and hard-line parties have Sinn Fein typically receives about 11 percent of the vote in Northern Ireland, exclusively from Catholics. The province's two main British loyalist groups draw support from Protestant areas but their political repre- sentatives get few votes. \"What want is talks amongst equals who have a mandate from the people - not talks amongst people who are terrorists and who have no mandate,\" said John Taylor, deputy leader of the Ulster Unionists. Ulster Unionists asked Major to ensure that the vote is held by May. Major told the House of Commons in London that Britain believes elections to a negotiating assembly in Belfast offer \"a viable, alternative, direct route to achieving the confidence necessary for all- party negotiations.\" Caught off-guard by Major's proposal, Catholic leaders re- acted angrily, calling the elec- tion proposal another stalling tactic to postpone negotiations. \"John Major has merely sub- stituted one precondition for another,\" said Sinn Fein leader Gerry Adams. \"It was an act of bad faith.\" The says its cease-fire 17 months ago should be sufficient for multiparty negotiations on Northern Ireland's future, and elections are a waste of time. In proposing further delay, Major was endangering lives in Northern Ireland, said John Hume, a moderate Catholic leader who helped broker the cease-fire. Hume accused Major of trying to \"buy the votes\" of Northern Ireland Protestant lawmakers in the Commons, where Major's governing Conservative Party has a razor-thin majority. Mitchell urged Sinn Fein and representatives of the pro- British paramilitaries to com- mit themselves to peaceful means, to dispose of some weapons during the course of negotiations, and to respect the outcome of talks. Mitchell acknowledged his recommendations were a com- promise. \"But if the peace process is to move forward, this impasse must be overcome,\" he said. In Washington, President Clinton said Mitchell's report offered a way to \"achieve a just and lasting peace Spring begins in February! Our spring semester features new classes in building work teams, conflict management, Norwegian, negotiating, grant writing and the healing arts. Plus our regular selection of personal and professional development programs. Also, take note of our series of youth programs. \u00b7catalog no-w available Call237-4261 for your free copy TAKE. For details, visit Pasquerilla Center or call 631-6986 -----~----------------- -- - - \u00b7-~---~-~-------- Thursday, January 25, 1996 The Observer page 9 Clinton 'intrigued' by proposal By Associated Press House Speaker Newt Gingrich and the Clinton administration signaled inter- est today- in a deal to make a \"down payment\" on a bal- aneed budget, leaving major spending disagreements until after the November elections. Clinton called Gingrich from Air Force One to discuss the possible deal. White House spokesman Mike McCurry said, \"The president was intrigued by some of the ideas Hepubliean aide, speaking on condition of anonymity, said the two men did not get into details during their 12-minute talk but said it was a \"favor- able, positive conversation.\" Clinton was en route to Louisville, Ky. Such an agree- ment could accompany efforts, moving on a separate track, to avert another partial govern- ment shutdown. \"We have agreed with the president on enough things think we can get to a down payment,\" Gingrich told a Capitol Hill news conference. \"This is a good test of how serious his words were last night\" in the president's State of the Union address. Gingrich proposed Clinton accept his offer as part of a bill extending the government's borrowing authority. Gingrich also said tax credits for fami- lies with children and lower capital gains taxes should be part of any deal. White House spokesman Mike McCurry cautiously wel- comed Gingrich's remarks, saying Republicans \"may feel they've suffered enough pain because of the government shutdown. They seem to be having a more encouraged tone today than they did last night, so we're encouraged too.\" The administration is block- ing an overall balanced-budget agreement by opposing over- haul of major entitlement pro- grams. such as Medicare and welfare, Gingrich asserted on ABC's \"Good Morning America.\" That leaves the option of enacting spending cuts the two sides can agree on and letting voters decide in November which party is cor- rect. \"I'm prepared to say let's take what we can get, make it a down payment on balancing \u2022\u2022\u2022 the budget, recognize the job can't be done this year but we'll go ahead and do the best we can,\" Gingrich said. Those reductions could be attached to a bill renewing the government's authority to bor- row, which Gingrich said could be passed as early as next week. Responding to Gingrich, McCurry said, \"The president would look very carefully at anything that would result in real budget savings that might be attached to a conti.nuing resolution.\" He stressed the words \"look very carefully,\" adding \"obvi- ously we have priorities and concerns that would have to be addressed.\" Gingrich said Democrats and Republicans agree on spending reductions totaling about $100 billion over seven years. In his speech, Clinton urged a resumption of negotiations on long-range reductions while calling for enactment of those changes the two sides already agree on. House Republicans have drafted another plan that they say could - if accepted by Clinton - prevent a third gov- ernment shutdown. Stalemate threatens U.S. bond rating By Associated Press One of Wall Street's chief credit-rating services threat- ened on Wednesday to lower the rating on some U.S. bonds because the budget stalemate on Capitol Hill has raised the risk of a government default. Moody's Investors Service said it is placing $387 billion in Treasury bonds with inter- est payments due Feb. 29 and April 6 \"on review for possi- ble downgrade downgrade would be a stunning blow to the U.S. gov- ernment's creditworthiness. U.S. Treasury bonds are re- garded as the safest in the world because the United States has never defaulted on its obligations. \"The positions being taken in the current debate over the budget and the debt ceil- ing have significantly increased the risk of a default on the above-mentioned security obligations,\" Moody's said. The amount under review represents only a part of the $2.3 trillion of Tre11-sury debt currently rated Triple-A, the rating service's highest grade. Moody's said the possible downgrade doesn't reflect \"any underlying deterioration in the fiscal position of the United States Government, but rather from the peculiar circumstances surrounding the present political contro- versy ove.r the direction of federal economic and social policy.\" \u00b7 Credit-rating decisions by Moody's carry enormous weight in the bond market, where investors buy and sell at prices and interest rates that depend partly on the de- gree of risk that they won't be repaid credit downgrade can make it more expensive for the government to borrow money. That could translate into higher interest rates that reverberate throughout the economy Way to Get on with Your Life ., .. '' i> '\"f'f' '. There was a little controversy a few weeks ago when several students returned from the semester break a little early. There may be many reasons why students returned early. One of the reasons seems to be that people felt that the semester break was a little too long for their liking. Who would have predicted that some of those who could not wait for the end of the first semester so that they could get out of here would find themselves beating down the doors to get back in? Several people have talked to told me that although break was great, they were anxious to get back to school and get on with things. They are psyched to be back with their friends and, for now, they are even glad to be back in class. They are anxious to get on with their lives. Although rest is good, stagnation is not. Something deep down inside us calls us to get on with our lives. Notre Dame is a place from which people can get on with their lives. It is a place where people who feel God is calling them to explore new ways of getting on with their lives can do so. There are many ways to explore the way God calls us to get on with our lives is one way that first year students can explore new ways of getting on with their lives at Notre Dame and beyond. This Friday and Saturday 80 first year students, men and women, will participate in Freshman Retreat #3. There will be two more \u00b7Freshman Retreats this year: Freshman Retreat #4, February 2-3 and Freshman Retreat #5, February 23-24. We are all called to get on with our lives. God calls us to grow in freedom and peace. Jesus shows us that the way to truly get on with our lives is to get on with serving others. -Bob Dowd Applications available to any interested freshman for retreat to take place, tomorrow,Friday (4:00p.m.) Through Saturday (6:00p.m.) Applications available at: The Campus Ministry Office 103 Hesburgh Library call1-7800 or 1-5056 1:00 p .. m ..,.,.,~ i~ ing Hall Sat. January 2 7 Sun. January 28 Weekend Presiders at Sacred Heart Basilica 5:00p.m 10:00 a.m. 11:45 a.m. Rev. David Scheidler, C.S.C. Godfried Cardinal Danneels Rev. Robert Dowd page 10 OFFICE: P.O. Box Q. Norre Dame 46556 (219) 631-7471 OFFICE: 309 Haggar, Norre Dame 46556 (219) 284-5365 Managing Editor Suzanne Fry 1995-96 General Board Editor-in-Chief John Lucas Business Manager Joseph Riley News Editor ................................ David Tyler Advertising Manager ........................... John Potter Viewpoint Editor .................. Michael O'Hara Ad Design Manager ...................... Jen Mackowiak Sports Editor ............................. Mike Norbut Production Manager .................. Jacqueline Moser Accent Editor ......................... Krista Nannery Systems Manager ............................ Sean Gallavan Saint Mary's Editor .................... Paui Carson Observer Marketing Director .......... Pete Coleman Controller ............................................. Eric Lorge The Observer is the independent newspaper published by the students of the University of Notre Dame du Lac and Saint Mary's College. It does not necessarily reflect the policies of the administra- tion of eirher insrirurion. The news is reported as accurarely and objectively as possible. Unsigned edi- rorials represem rhe opinion of the majority of the Ediror-in-Chief, Managing Ediror, News Editor, Viewpoint Editor, Accent Editor, Photo Editor, Sports Editor, and Saint Mary's Editor. Commentaries, letters and Inside Columns present the views of the authors, and not necessarily those of The Observer. Viewpoim space is available to all members of the Notre Dame/Saint Mary's com- munity and to all readers. The free expression of varying opinions through letters is encouraged. Editor-in-Chief Managing Ediror/Viewpoim Sports News/Photo Accem/Saim Mary's Day Ediror/Producrion General Information Observer Phone Lines 631-4542 Business Office 631-5313 631-4541 Advertising 631-4543 Systems/Markering Dept. 631-6900/8840 631-8839 631-7471 631-6927 631-5323 Office Manager 631-4540 Fax 631-5303 Viewpoim 631-7471 Ad E-Mail E-Mail Viewpoint.! @nd.edu [email protected] Thursday, January 25, 1996 ~~~,~-\u00b7~-1~--------- WERI;_ THk ... Super Bowl lacks tradition of yesteryear Black Sunday! Does anyone remember this movie maniac plans to set off a giant dart-bomb in the Orange Bowl on Super Bowl Sunday, and only Robert Shaw can stop him. The apocolyptic image of the Goodyear blimp crashing into the rim of the stadium, like a mad blind god, still remains in my mind. Robert Shaw, riddling the terrorists with righteous bullets. By God, they don't make them like that anymore. Neither, for that matter, can they seem to make a Super Bowl. They are certainly no longer the stuff of John Facenda's narratives in the highlight films, e.g. \"Like the Phoenix of legend, the once- mighty Pittsburgh Steelahs rose from the ashes of theah ohwn defeat. .. \" (behind brassy surfer music.) Egad. Josh Ozersky There was a time when every young boy trembled at the thought of the mighty man-beasts clashing their titanic helmets against each other before the eyes of an awestruck world can hear Facenda's voice in my mind, the way Hercules hears Zeus': \"Staubach. Czonka. Namath. These few. These happy few. These band of Super Bowl Brothers.\" Now ask you, what would Facenda say if he were alive today? Is Deion Sanders the stuff of epic poetry? You're damn right he's not. In the old days, it was The Super Bowl that mattered - there was a sense of self-abnegation, the last traces of the Protestant work ethic. God-fearing, square-jawed, life-hating martinets like Tom Landry and Don Shula paced tensely up and down the sidelines, moral guardians of the republic. It's as if they were saying am nothing, Al Davis is nothing, these five gallant behomoths on the line are nothing - it is the Super Bowl that matters, the Super Bowl on whose outcome and on whose excellence the pride of a hundred million men and women depend, the Super Bowl upon which our souls will be damned or blessed by history\" And it is the Super Bowl which has become an exer- cise in nihilism- the Super Bowl which has been made to represent futility and defeat. It is the Super Bowl \"l?t3AR MR. /XXJIIJ!358URY tJS/3 Cf}NTI<Ot..5 70 IAJeel) Olff a CAN77UL. 51Na3REI RK.,7A05.\" which has come to represent hollow victory, and the self-aggrandizement of street hoodlums. It is the Super Bowl which, alone of all American spectacles, cries for an avenging blimp to descend from Heaven to punish America for its sins. Because make no mistake. The Super Bowl is America. That's why they hold it out west, where his- tory begins and ends with grasping lawlessness. Within rigid parame- ters, a grid of inflexible rules, huge men strive with atavistic fury at the ball and at each other. Their exertions stand in for the great paralyzed masses of Americans: prisoners watch the superbowl, and mental patients; shut-ins and farmers; and, over- whelmingly, the men and women of the vast American middle class, liv- ing lives of debt and quiet desperation and dreaming of bacon and breakaway speed. Which is why the modern, decadent, lopsided Super Bowl is such an affront to the spirit of America. People feel obliged to have Super Bowl parties, they invite friends over, they have their girlfriends or wives make little Vienna Sausages in Blankets and other horrible snack foods, and they all get pie-eyed drunk in expec- tation. And then the same, inexorable, mindless scene plays itself out again. Two weeks of shrill, shreiking fraud play up the possibilities of the conflict, the short- comings of the Jiving Juggernauts. The pretenders are, in their turn, blown up; a few highlights from the playoffs, that minor league affair, \u00b7are shown over and over, while the essential unmanliness of the linebacking corps, the defensive line, etc. are glossed over. Predetermined speeches, devoid of savagery or nobility, are made by both sides. Then they play the game, and the Juggernauts begin to run up the score and high-five each other, each one hoping to make a more memorable \"highlight\" than the last. The spectacle is dragged out by multi-part commer- cials about'the love you, man\" guy or digitally ani- mated boogie ants. Finally, the most conspicuous of the bullies is dragged from the field to shill America's richest, lamest, least enjoyable amusement park and Dr. Kevorkian's phone starts ringing off the hook. There has got to be another way. Instead of going on about the flat tax, why don't these republican no- goodniks do something to improve the Super Bowl? Their so-called policy statements amount to little more than end-zone strutting anyway see a future in which election-year candidates run on specific policies about the rookie salary cap, the in- the-grasp rule, and the possiblility of restoring our national greatness by bringing back no-helmet hockey. And yet even these furtive musings depress me. Think of these brutal men on the field. Luxury boxes hover threateningly overhead. Astroturf under- neath their feet degrades and injures them. They're not allowed to take dope on the field anymore little blood and everyone starts trembling. Can it be fairly said that football has any innocence, any inviolability left to corrupt? Like America after Vietnam, do we really have any international reputa- tion left to speak of? Let the Super Bowl become an unholy ritual then, its yearly parties an occasion of loss and memory. It's enough that it once meant something; let there be a heaven, though my place be hell. In the remains of Super Bowl Sunday, let us hear- ken toward the tomb, drunk with beer and nostalgia, besotted with stoicism and vicarious violence, and dream, Facendalike, of better men, bleeding in the freezing mud of our nation's better days. \"Like the phoenix of legend, the once-mighty Pittsburgh Steelers rose from the ashes of their own defeat to rise again am often asked to Super Bowl parties, and seeing them as do as an occasion for despair usually refuse. But this year do plan to attend Archie's Super Bowl Party, at 23 just off Eddy street. Ten dollars will buy you all the rib tips, macaroni and cheese, fried chicken, etc. you can hold, and there will be plenty of beer there too imagine. You can eat nachos at your friend's house anytime. Josh Ozersky can be reached over e-mail at: josh. a. ozersky.l @nd. edu 7HAT'51T PRE55Uf Of \\ ;_ \"someone will always tell you what you want to hear.\" -Delia Ephron Thursday, January 25, 1996 Exercise prudence when locking cars Dear Editor: Just recently the South Bend Tribune pub- lished a news item featuring the South Bend Police Department and their being called upon more and more to investigate vandal- ized parked cars (locked or unlocked), where the car owners have left their property in plain sight for the passer-by to see, to admire, to contemplate and to BE-HOLDEN, and unfortunately, it is soon gone with the wind. Allow me to share with those whom it may concern an experience that had a happy end- ing due to one of Wilmington, Delaware's Finest. As approached my car, the Officer was dangling my keys in one hand and my valise in the other. As listened to some very sound advice about security, he bequeathed to me a motto of considerable wisdom which was the beginning of my conversion (hopeful- ly) and my education. lie said to me: \"My son, never forget that what the eye doesn't see the heart doesn't crave\" If only more of us would exercise more pru- dence, awareness, and common horse sense in refraining from leaving our belongings in our parked cars in any city or on any campus, we could spare ourselves a heap of grief and red ink in the process and spare our police and security from frustration and from devel- oping ulcers by eliminating their calls to investigate a lost cause. For those who still persist in leaving their property in parked cars or trunks for five minutes or five hours, the Apostle Matthew has some very timely advice for us in Chapter 6, Verses 19-21 of Holy Writ: \"Do not lay up for yourselves treasures on earth [or in parked cars), where rust and moth consume and thieves break in and steal; but lay up for yourselves treasures in heavem [not in parked cars), where rust nor moth consume nor thieves break in and steal. For where the tnmsure is also will thy heart be can't think or a better New Year's resolu- tion for those to whom it may concern- just think of the thousands or dollars saved in stolen goods, the emotional drain on our- selves, and the waste of the resources of our police and security. Let's turn a corner in 1996 COURTNEY, C.S.C. Corby Hall Enjoy Kit Kats, but lose security Dear Editor wnnt to make sure understand what John !'otter intends by his January 17, 19961nside Column. Is he really saying that the University has an obligation to provide security to those students who -in a large part due thei.r preference to avoid many of the .in loco parentis a..<Jpects of dormitory life \u2022 have chosen to live away from the constrictions of dorm life, so thnt their' pornography, Kit Kats, cigarettes and beer will be safe from the kids in the neighborhood? Or am missing something NEWfON, c.s.c. Rector, Sorin College b r Abortion fatally discriminates Dear Editor: The Rev. Martin Lut~er king said that injustice anywhere was a threat to jus- tice everywhere. He said this about segregation and discrimination: \"Let us never succumb to the temptation of believing that legislation and judicial decrees play only a minor role in solv- ing this problem. Morality cannot be legislated, but behavior can be regulat- ed. Judicial decrees may not change the heart, but they can restrain the heartless.\" (Strength to Love ). What might Dr. King have said about our current treatment of the immature members of our species? Dr. King devoted his life to opposing the choice to discriminate on the basis of race. But one week after his birth- day we observe the anniversary of the Roe v. Wade decision, which freed us to choose to discriminate fatally on the basis of \"wantedness\", physical matu- rity, appearance, sex, health, depen- dence, sentience, parentage, or any other criterion, including race, if it is done before birth. Are these criteria any less arbitrary or subjective than race? By what logic shall we choose criteria for excluding others from the protection of the human community? What does the acceptance of such criteria for destruc- tion say about the content of our character South Bend page 11 Sign up for Wednesday Lunch Fast Dear Editor: It's the beginning of the semester and that means it is time to sign up for the Wednesday Lunch Fast. We, the members of the World Hunger Coalition, are writing to urge every- one to take part in this easy way to \u00b7help so many people. The idea began in the early 70's when one student gave up his lunch everyday to stand outside the dining hall and collect money for hunger organiza- tions. Now it has turned into an activity in which everyone can take part. The Wednesday Lunch Fast con- sists of skipping lunch just one day a week. For each person that signs up, the dining hall gives us the cal- culated cost of that meal. Each semester, the number of Casters dwindles. So, though the dining hall gives us more money each year per lunch, our total is steadily dropping. Last year we earned approximately $4000.00 with only 200 people par- ticipating. We know that we can earn much more on this campus of 7000 students. Every cent of the money will go to organizations around the world. Currently, we contribute to three separate organizations: Caritas, Chol-Chol, and Mara del Plata. These are all grass roots organiza- tions that depend on our help. For their sake, please sign up r page 12 Thursday, January 25, 1996 , f f a om e t e ran a t s e By Assistant Accent Editor wlence, confusion, lust, love, and lunacy: the ingredients of any suc- cessful drama. These elements are present in abundance in Le Medecin malgre lui, a presentation of L'Illustre Theatre de L'Universite de Notre Dame, under the direction of Professor Paul McDowell. The actors in this production of Moliere's farce were all students in McDowell's French Theatre Production class, a one-credit course offered by the French and Communications and Theatre Departments. This year's pro- duction marks the fifth anniversary of French theatre at Notre Dame, a tradi- tion upon which McDowell and his stu- dents continue to build. McDowell originally attracted the interest of the French Department because he combined a strong back- ground in theatre with post-graduate study in French. The French play natu- rally evolved from McDowell's interests and talents and the first French theatre production was staged in the LaFortune Ballroom in January, 1992. This latest production has come a long way from the inaugural two-night LaFortune production. Since 1993, the troupe has performed in Washington Hall's Lab Theatre, where Le Medecin malgre lui will have three performances, beginning tonight. The performance of Le Medecin mal- gre lui is particularly significant for McDowell, who had chosen the play for the 1994 production. The actors had spent four months preparing for the play and were memorizing their lines over Christmas break when McDowell was diagnosed with a brain tumor and the play was canceled. Fortunately, McDowell's health problems were suc- cessfully treated and French theatre resumed at Notre Dame with last year's production of Le Tartuffe. This year, McDowell decided to try Le Medecin with an entirely different cast. \"This is one of Moliere's most popular plays, and chose it initially because had never directed farce before, so it is a real challenge to me,\" McDowell explains. The title, loosely translated as \"The Doctor in Spite of Himself,\" is a refer- ence to the underlying plot of the farce, in which Martine, played by senior Lisa Schultz, a wife frustrated by her hus- band's drunkenness, abuse, and lazi- ness, plots revenge. Martine convinces two servants that her husband, Sganarelle, played by junior Tony Schaefer, is a gifted physician who has brought the dead back to life. Martine cunningly tells the servants, who are looking for a doctor to cure their master's mute daughter, that her husband will only admit that he is a doc- tor when physically beaten. With this revelation, the central events of the play are set in motion and a hilarious sequence of intrigue, deceit, disguise, and utter chaos ensues. From the very first scene, the transcendent humor of the play eliminates any language barri- ers. The English synopsis with which each audience member is provided will also help non-francophones thoroughly enjoy this entertaining production. All five seniors who performed in last year's play returned this year, a testa- ment to McDowell's abilities as a direc- tor and instructor, and all agree that this year's production is even better than Le Tartuffe. \"This play is much funnier,\" notes senior Mike Douglass. \"It will be easier for non-French speakers to grasp the action in this story. This year's cast is also smaller, and we've all gotten close.\" McDowell and his students agree that Students rehearse for tonight's production of Moliere's farce Le Medecin malgre lui. This production marks the fifth anniversary of French theatre at Notre Dame. the closeness and sense of cooperation able to do something French and also which develops is one of the best aspects something artistic.\" of the play. \"Working this closely with In the intimacy of the Lab Theatre, the students allows it to be so much Paul McDowell and his troupe of student more than a classroom setting. It sounds actors are bringing something rare to cliche, but really learn so much more Notre Dame: the opportunity to see the from them than they learn from me,\" plays of writers like Moliere, brought to McDowell observes. life in their original language. As French Senior Amy Newman explains one of Theatre at Notre Dame celebr~tes its her motivations for enrolling in French fifth year, McDowell expresses his hope Theatre Production: \"This was the only that the tradition will continue and even way could take an upper-level French spread to other language departments. class with Paul McDowell, and he is one \"It's a massive undertaking,\" McDowell professor who really makes French fun.\" says, \"but it is absolutely worth it.\" His The students concur that learning students and past audiences would French through acting is a way to make emphatically agree. the language really come alive. Schultz notes that \"most French classes at Notre Dame are writing-oriented. This is an opportunity to do something different with French.\" Nancy Talbot, another senior, points to the unique artistic as- pect of the course. \"It's special to be Le Medecin malgre lui opens tonight at 7:30 Washington Hall's Lab Theatre. Tickets are available at the Language Resource Center. $2 for students. $3 for the general public. The play runs through Saturday The Coctails The Coctails Carrot Top Records 'm sure that God has turned to us [musicians] because with us he has fewer problems. He has none. We do what he wants.\" So muses a thoughtful Salif Keita in the documen- tary of his life, Destiny of a Noble Outcast. After listening to Keita's latest release one can indeed believe that God is well- pleased with Keita. Although Keita's last full-length release was 1991's Amen, he hasn't been idle for the last five years: he worked on the soundtrack to The Lion King in 1993, released a retro- spective album in 1994 and contributed to Manu Dibango's stun- ning album Wakafrika in that same year. \"Folon.\" Both tracks showcase Keita's phe- nomenal voice which fills the soundscape provided for it here. The former track laments the death of the great fashion designer Seydou with effective directness and simplicity, the lat- ter track successfully captures the fear that so often accompanies the removal of pa- ternalistic authority. \"Seydou\" also fea- tures some great Balafon (xylophone) playing. *** out of five of December 31, 1995, The CoctaUs ceased tomdst as the ntity known as The Coctails. The boy\u00b7. s are m.o .v.I'ng on .. owever, a new has floated up from the sunken Aptly titled The Coctails, it provides exceU~nt closure to . .. Coctails phenomena. . . . . \u2022\u00b7\u00b7\u00b7\u00b7\u00b7\u00b7\u00b7 The Coctails' music is living proof of Darwinism. lt has evolved from light and playful jazz to full blown experimental jazz to their most recent mature ballads and instrumental, highly textured tracks, They haven't put th~irjazzy origins behif!.d them but keep adding new layers to their style. Tht~ Coctails answers the melan- choly questions asked on the band's previous album, Peel; the last song on Peel leads directly into where The Coctails begins. The album shifts between different musical pondel'ings and.st~te~en~ with vocals included on a handful of the tracks. The album is beau .. ;; ty in plastic form. It functions as a whole, begging to be played; straight through and making it worthwhile to skip class in order to hear the last four songs. . . \u2022.. . . . . !1!! . . ... \u00b7..\u2022.... .\u2022\u2022.\u00b7\u00b7\u00b7\u00b7\u00b7\u2022\u00b7 \u2022Y:.lii However. if all\u00b7 terrorists bought this album, they would bably'( loosen up a little or something. Whether you're a terrorist or not, The Coctails is an intimate and personal album that will into your ear that eve \u00b7 can be all righ(-9-o mat hat news tells you. \u00b7\u00b7\u00b7\u00b7\u00b7\u00b7 \u00b7 Jim McNamee, Salif Keita Folan Folon is not all bal- lad and lament, how- ever: it has its share of dance numbers too and they find the groove as only Keita can. The mansa's voice soars polyrhythmically above the \"call and answer\" interplay of the vocal chorus and razor-sharp brass, gui- Island Records Folon is yet another strong album, but it suffers from some of out of five the same flaws as Keita's previous work: over- production. Sometimes Keita simply sounds like he is trying too hard to achieve a \"univer- sal\" sound instead of simply letting the Mandingo groove find its natural resting place. Among the less successful tracks on the album are \"Dakan-Fe\" and \"Mandela.\" The former sounds like a misguided Alpha Blondy imper- sonation while the latter, although lyrically effective, is musically strained by an awkward chorus. But these are the only two weak spots in an otherwise superb album. Particularly welcome is a fine remake of Keita's '78 classic \"Mandjou\" and a couple of beautiful meditative numbers in \"Seydou,\" as well as the title track tar lines weave in and out of the melody pro- pelling it along with an ever-fluid motion, and a real drummer keeps all the syncopation smooth. \"Tekere,\" a track somewhat reminiscent of Soro's \"Sina,\" kicks the album off with a jubi- lant and energetic celebration of the griot; \"Sumun\" is a Jungle Tale with a mean jungle beat. Jean-Philippe Rykiel's (Youssou N'Dour) contribution on keyboards and brass ar- rangement are, as ever, of high quality. Produced by Beninois Wally Badarou (Level 42), Folon isn't quite the magical album that Soro was but it is nonetheless a welcome return for Keita. Check out the man from Mali. -by Tim Bayne ~--------------------------------------------------------------~----------------------------------------------- Thursday, January 25, 1996 Just another pretty face ombine the serene vocals of Tori Amos with the \"screw you\" attitude made famous by the late great Kurt Cobain and the result is the acoustic punk genius of Buffalo, New York singer/songwriter Ani DiFranco. \u00b7\u00b7 plete and entirely different than anything else. It is difficult to describe DiFranco's sound because it is in a league of its own. However, it is safe to say that it has strong acoustic roots- only rarely does she use an electric guitar-but with an element of fury. There are no smoothly strummed chords echoing from the strings of DiFranco's acoustic, so don't expect an Indigo Girls sound- alike. Her music is brash as her press-on nails, attached to her fingers with electrical \u00b7 tape, scratch the strings at The release of her seventh album, Not Pretty Girl, proves that a lot of hard work and dedication can result in sueeBss. DiFranco is no stranger to the ups and downs of the music industry- she has been performing in bars since she was nine years old-or the ups and downs of lif1l. After moving out on her own when she was a young lit'tiHm, it's only been recently that she has entered into a stable lifestyle. DiFranco moved to the heart of it all, New York City, in 1988 and mnbarked on a tour which has yet to conclude, and will more than likllly continue on well into the future. DiFranco's experiences during her long musie career lnd hnr to the conclusion that she should be in control of her own fate. The dark side. of the Ani DiFranco Not Pretty Girl Righteous Babe Records lightning speed creating an incredibly full sound. Part two of the dynamic duo of DiFranco and Stochansky works the drums at a similar pace, smashing cymbals and cracking snares with whip-like quickness. The combination of the two results in a deadly sound that is polished off with DiFranco's sweet yet raging vocals. Her songs carry an intensity that grows with each string that is smacked by her plastic fingertips. DiFranco's songs are, in no way, polite. Her ** out of five music industry can cause many artists anguish, but DiFranco refused to become its next victim. Instead, in 1990 she created Highteous Babe Hecords located in her home town of Buffalo. There is no doubt that this was a wise decision; DiFraneo has since sold over 200,000 cd's and tapes with an inerease sure to be on the horizon as her popularity grows at remarkable speeds. DiFranco has not gone unnoticed. She has received offnrs from a plethora of record labels big and small. llowever, slw is sticking to what she believes in and adamantly refuses to sign on. Two years ago DiFranco called up Andy Stochansky, pereussionist extraordinaire, and asked him to tour with her. The addition of drums to her unique sound was the final piece in the puzzle. DiFranco's music was finally com lyrics dance around between life in New York City, politics, life on the road, and her own personal experiences. There are no pleasant melodies surrounded by synthesized chords and techno drum samples on Not Pretty Girl. Instead it is an album that is stripped to the bone. DiFranco sums up her feelings when she describes the album's title and theme. \"It's sort of a theme that pops up in a few songs: ideas about beauty. But the kind of beauty I'm talking about in the title song has more to do with our behavior than with our physical selves, the notion that any one of us could be perceived as attractive or not attractive depending on how willing we are to jump through certain hoops. The song is about the liberating aspects of leaving all those rituals and routines behind.\" Indeed she has. -by Christian Stein Come along for the ride George and the Freeks Join Us For the Ride en they say \".Join us for the ride,\" George and the 'reeks are not by any means implying that the ide is over now-hopefully. Those of you who have seen the Freeks live know that this is a band with serious, serious talent. Their shows inelude, along with originals, covers of bands like Phish and the Dead-bands that made their money with basic studio stuff that just exploded on stage. The idea of pop with vast space for improv is popular today (have you heard Dave Matthews recently?), and the Freeks have caught the wave in a big fat way. Their new album, Join Us For the Ride, displays George and the Freeks solid chops and excellent sense of hanno- ny. Featuring several folk choir veterans, the Freeks know how to put a song together. Guitarists Doug McKenna and Erik Goldsehmidt, the primary songwriters, have an excel- lent sense for the much-maligned \"hook.\" This sense, cou- pled with their live act, has made them one of the more popular bands on campus today. Whieh is why the word \"potential\" is important. Listening to llide, one can easily see what makes this band tough. All tlw members are strong instrumentalists. c;oldsdunidt and McKenna, along with Mark Lang, form a thnw-guitar attaek that is rich enough not to need Eddie Van llalen anywhere. The rhythm section, bassist Hurt and drummers Bryan Ball and \"Bongo\" Bob Purcell, are solid. Andy Brenner almost sounds like Bruce Hornsby on knys, and the addition of backup vocalist Shannon Dunn has bolstered the Frocks in a way that is surprising, con- sidnring that harmony has never been a problem for them. What, then, are the weaknesses in such a band? Oddly 1mough, their primary studio weakness is their instrumen- tal ability. Gnorge and the Freeks are talented, no doubt. Now if they could only learn to stay out of each other's way on disc .... Tlw times that Goldschmidt and Brenner solo together are numerous. Ideally, both guys would have time alone to do their thing. Such is not the case here. Occasionally, Goldschmidt is free to lay down a lead- and his playing is fluid, intelligent stuff. Brenner is one of the area's fore- most keyboardists, and he should be given the according space. Lyrically, also, the band often comes up short. Opening the album with \"Fell\" was a bad idea. The song is catchy, if a bit crowded with sound. However, a love song with the simile \"Like a deer in the headlights\" does not capture the effect. This reviewer recalls hearing the song across North Quad in fall of 1993; moving the narrative out of the scene of a dorm party would fit the Freeks' maturity since. Bottom line: the Freeks are a good band, capable of strong vocal harmony and improvisation. This is what brought bands like Yes to the forefront of music in the early 70's. What killed them was their inability to stay out of each other's way. George and the Freeks are a very good band. Still, they play like they need to prove them- selves. Hey Freeks: you've got the talent part down. Give each other room, and you'll have an album that actually surpasses considerable live appeal. -by Kevin Dolan page 13 1. Alanis Morissette -Jagged Little Pill 2. Natalie Merchant- Tigerlily 3. Oasis - (What's the Story) Morning Glory? 4. Bush - Sixteen Stone 5. Enya - Memory of Trees 6. Tori Amos - Caught a Light Sneeze 7. Alice in Chains - self-titled 1 8. Kriss Kross - Yount: Rich & Dangerous \"' 9. Kenny Shepherd - Ledbetter 10. Dead Man Walking Soundtltck 11. 7 Mary 3 -American Standard 12. Golden Smog 13. Friends Soundtrack 14. Van Morrisoq- How Long Has This Been Goi~tg On? 15. Everclear - Sparkle a11d Fade 16. CqiJ~ctive Soul - self-titled\u00b7 17. J,J~u~;~ye~'r- Four S\u2022urday Morning Cartoons V:aughan - Greatesf ll( . . . Pul!. ;; p Tra~ks Top 20 is tompiledjrmn\" ' sales records, week' en'iJing lfMNDTop 1. No Doubt - Tragic Kingdom 2. Oasis - 6What's the Story) Morning Glory? 3. Saturday Morning - Cartoon's Greatest Hits 4. Four Rooms Soundtrack 5. The Presidents of the United States of America - self-titled 6. Everclear - Sparkle and Fade 7. Pet Shop Boys- Alternative tl 8. Sparklehorse 1 9. Smashing Pumpk.!ps -Mellon Collie and the Infinite Sadness 10. Radiohead- Just (for colleg\u00a7.) 11. Red Hot Chili Peppers - Oil Hot Minute 12. Lisa Loeb and: Nine Stories - Tails \u00b7 0 \u2022\u00b7\u2022. 13. Tripmaster Monkey -Practice . Applications \u00b7 .-14 Brides - Beaker 15. Walt Mink ~;El Producto 16. Lpud y .. Breathe 7. ')\"or rels \u2022 Example L~p Dqg ~'\" Sf!venth Level of ~it4tion tilllblifter Spac~hog -1lesident Alien !18.9 FM's Nocturn~N;ght \u00b7 . .,. ,,,.,. '\"\"\u00b7. plays the best in college ra3io from midnight to 2 am. l - ..... - ----- -- \u00b7\u00b7-------- page 14 The Observer Thursday, January 25, 1996 University of Notre Dame Summer Sesston 1996 Course List The 1996 summer session will begin on Monday, June 17 (enrollment) and end on Wednesday, July 31 (final exams). Some courses- primarily in science, mathematics and languages - will begin and end before or after these dates. The summer session Bulletin will contain complete schedule information. The Bulletin will be available at the Summer Session Office (312 Main Building) beginning on Friday, February 9 list of summer courses containing course credit hours, dates and meeting times is available now at the following Web site: Course call numbers, along with all other course information, will be published in the summer session Bulletin will be available for summer registration from March 18 to April 7 and from May 6 to June 21. Students may register or make schedule changes whenever they choose during these periods; no appointment times are necessary. Students may register for summer session courses at any time up to the first day of the course. Students who decide to register after closes on Friday, June 21 must complete the standard summer session application/course selection form. Notre Dame continuing students- undergraduate and graduate students in residence during the spring semester of 1996 who are eligible to return in the fall -must use (1) to register for summer courses and (2) to add or drop courses through Friday, June 21. The (personal identification number) for summer will be sent to all continuing students in early March. Air conditioned and non-air conditioned housing and (optional) summer meal plans will be available. Forms for these services may be obtained at the Summer Session Office at any time during the spring semester. Tuition for the summer session of 1996 will be $178 per credit hour plus a $35 general fee. Aerospace and Mechanical Engineering 499 598 599 600 699 700 321 327 334 342 498A 499 Undergraduate Research Advanced Studies Thesis Direction Nonresident Thesis Research Research and Dissertation Nonresident Dissertation Research Differential Equations and Applied Mathematics Thermodynamics Fluid Mechanics Engineering Economy-London Engineering, Society and The lnt'l Community-London Undergraduate Research American Studies 448 449 498 599 600 Anthropology 109 488 489 Architecture 100 News Internship Writing Nonfiction Special Studies Thesis Direction Nonresident Thesis Research Introduction to Anthropology Archaeological Field School Ethnographic Field Methods and Techniques Career Discovery in Architecture at Notre Dame Art, Art History and Design ARHI251 ARHI575 ARHI599 ARHI600 209S 242S 243S/443S 409S/509S 499S/599S 585S 600 676 696 280/480 282S/482S 330S 496S Art Traditions Directed Readings in Art History Thesis Direction Nonresident Thesis Research Ceramics Wood Sculpture Metal Casting/Foundry Ceramics Studio Special Studies Photography Studio Nonresident Thesis Research Directed Readings Thesis Project Multimedia Design Digital Image Making Furniture Design Special Studies Arts and Letters, Nondepartmental 298 Visiting Scholar Studies Biological Sciences 101 108 294 494 499 569 599 600 672 699 700 Human Genetics, Evolution and Society Revolutions in Biology Neotropical Natural Hist and Mgt Central Amer Res Directed Readings Undergraduate Research Practical Aquatic Biology Thesis Direction Nonresident Thesis Research Special Problems Research and Dissertation Nonresident Dissertation Research -- - .. -. - 0 'jl,,.. \u2022\u2022 -; -. _.._~_- ... Business Administration Classical and Oriental Languages and 231 Accounting and Accountancy Literatures 232 Accounting and Accountancy 111 First Year Japanese 371 Accounting Measurement and 200 Intensive Greek Disclosure 511 Intensive Greek 380 Processes in Accounting 200 Intensive Latin 476 Federal Taxation 511 Intensive Latin 230 Statistics in Business 550 Latin Immersion 362 Legal Environment of Business 551 Latin Immersion 392 Business Communication coss 402 Introduction to Syriac Grammar 490 Corporate Strategy coss 452 Introduction to Syriac Literature 231 Business Finance coss 500 z Introduction to Syriac Grammar 360 Managerial Economics 500A Introduction to Syriac Literature 361 Business Conditions Analysis 530 The Bible in Syriac 231 Principles of Marketing 473 Marketing Communication Communication and Theatre 231 Principles of Management 240 Computers in Business 204 Basics of Film and Television 472 Operations Management 205 Introduction to Theatre 475 Human Resource Management 361/561 Introduction to Film and Video Production Center for Educational Opportunity 374/574 Contemporary Hollywood Understanding Societies 407 Entertainment and Arts Law 102 446 Theatre for Youth 104 Finite Mathematics 493A Broadcast Internship 109 Composition and Literature 499 Research for the Advanced Chemical Engineering Undergraduate Student 598 Special Studies 499 Undergraduate Research 599 Thesis Direction 599 Thesis Direction 600 Nonresident Thesis Research 600 Nonresident Thesis Research Computer Applications 699 Research and Dissertation 700 Nonresident Dissertation Research 243 Introduction to Computers Chemistry and Biochemistry 315 Management Information Systems 385 Artificial Intelligence 115 General Chemistry 395 Applied Multimedia Technology 497 Special Projects 110 General Chemistry 498 Departmental Tutorial 117 General Chemistry 499 Special Topics 118 General Chemistry 119L General Chemistry - Lab Computer Science and Engineering 120L General Chemistry - Lab 223 Elementary Organic Chemistry 221 Logic Design and Sequential 223L Elementary Organic Chemistry Circuits Laboratory 232 Advanced Programming 224 Elementary Organic Chemistry 331 Data Structures 224L Elementary Organic Chemistry 498 Directed Studies Laboratory 499 Undergraduate Research 477 Directed Readings 598 Advanced Studies 499R Undergraduate Research 599 Thesis Direction 599R Thesis Direction 600 Nonresident Thesis Research 694 Directed Readings 698 Advanced Topics 699R Research and Dissertation 699 Research and Dissertation 700R Nonresident Dissertation Research 700 Nonresident Dissertation Research Civil Engineering and Geological Sciences Economics 100A Civil Engineering Concepts 123 Principles of Economics 100B Civil Engineering Concepts 224 Principles of Economics 498 Directed Studies 498 Special Studies 499 Undergraduate Research 599 Thesis Direction 598R Advanced Studies 600 Nonresident Thesis Research 599R Thesis Direction 697 Special Topics 600R Nonresident Thesis Research 698 Directed Readings 698R Advanced Topics 699 Research and Dissertation 699R Research and Dissertation 700 Nonresident Dissertation 700R Nonresident Dissertation Research 498A Dinosaur Evolution and Extinction Electrical Engineering 499 Undergraduate Research 222 Introduction to Electrical Science 224 Electrical Circuits 232 Introduction to Electronic Circuits 242 Electronics 498 Directed Studies . - r\u2022\u2022\u2022a..\u2022\u2022\u00b7\u2022 \u2022\u2022.:..\u2022\u2022\u2022w-._.a ... \u00a3M,...Ta...,.\u2022\u2022c\u2022# \u2022 .\u2022\u2022\u2022 \u00b7\u00b7~ .\u00b7\u2022\u2022 r\u2022 ~ \u2022\u2022 page 15 ~ Thursday, January 25, 1996 The Observer 499 Undergraduate Research Romance Languages and Literatures 598R Advanced Studies 599 Thesis Direction 597 Directed Readings 600 Nonresident Thesis Research 101 Beginning French 102 Beginning French 698 Advanced Topics 103 Intermediate French 699 Research and Dissertation Medieval Institute 104 Conversational French 700 Nonresident Dissertation Research 399 Special Studies Ml470/570 Introduction to Medieval Latin ROFR412 Masterpieces of French Theater Engineering, Nondepartmental Ml497 Directed Readings 500 French Graduate Reading Ml517 Paleography 597 Directed Readings 100A Introduction to Engineering Ml597 Directed Readings 599 Thesis Direction 100B Introduction to Engineering Ml599 Thesis Direction 600 Nonresident Thesis Research 498 Research Experience for Ml600 Nonresident Thesis Research 697 Special Studies Undergraduates Ml699 Research and Dissertation 101 Beginning Italian Ml700 Nonresident Dissertation Research 102 Beginning Italian English 103 Intermediate Italian 101N517A The Irish Language Music 399 Special Studies 599 Thesis Direction 323B The War Novel 220 Introduction to Music 101 Beginning Spanish 325B/525B Contemporary Hollywood 310/510 Piano 102 Beginning Spanish 391C 20th Century Feminist Fiction 311/511 Organ 103 Intermediate Spanish 409B Writing Non-Fiction Prose 313 Guitar 104 Conversational Spanish 422B Novels Into Film 314/514 Voice 399 Special Studies 487 The American Novel 316/516 Cello 497 Special Studies 495C American Film 415N515A Violin 500 Spanish Graduate Reading 498 Directed Readings 498 Undergraduate Special Studies 597 Directed Readings 500 English for Non-Native Speakers 598 Special Studies 599 Thesis Direction (Section 01 599 Thesis Direction 600 Nonresident Thesis Research 513B Studies in Critical Theory: Ben1amm 600 Nonresident Thesis Research 697 Special Studies Blanchot 589A Mark Twain and the American Philosophy Science, Nondepartmental Imagination 598 Special Studies 201 Introduction to Philosophy (Section sc 498 Research Experience for 599 Thesis Direction 02) Undergraduates 600 Nonresident Thesis Research 201 Introduction to Philosophy (Section sc 598 Advanced Studies 699 Research and Dissertation 01 700 Nonresident Dissertation Research 215 Education, Multiculturalism and Sociology Democracy German and Russian Languages and 221 Philosophy of Human Nature soc 102 Introduction to Sociology Literatures 245 Medical Ethics soc 220 Social Psychology 246 Ethics and Business soc 232 Social Problems 101 Beginning German 261 Philosophy of Religion soc 300 Foundations of Sociological Theory 102 Beginning German 498 Directed Readings soc 302 Research Methods 103 Beginning German Ill 603 Directed Readings soc 319 Sociology of Sport 240 Conversational German 699 Research and Dissertation soc 322 Sociology of Children 500 German Graduate Reading 700 Nonresident Dissertation Research soc 382 Racial and Ethic Relations in the 101 First Year Russian U.S. Physics soc 498 Directed Readings Government and International Studies soc 562 Research Training in Sociology of 221 Physics Education 243 Political Theory 222 Physics soc 599 Thesis Direction 304 Presidential Leadership 499 Undergraduate Research soc 600 Nonresident Thesis Research 325 Problems of International Relations 598 Special Topics soc 655 Directed Readings 397R Directed Readings 699 Research and Dissertation soc 699 Research and Dissertation 599 Thesis Direction 700 Nonresident Dissertation Research soc 700 Nonresident Dissertation Research 600 Nonresident Thesis Research 692 Directed Readings-Government Program in the History and Philosophy of Theology 696 Examination Preparation Science 699 Research and Dissertation 200 Foundations of Theology: Biblical 700 Non resident Dissertation Research 501 Cosmology and Creation Historical (02 502 Ideas of Ex1raterrestrial Life and Rei 200 Foundations of Theology: Biblical/ History Hist. Inter. Historical (01 503 Theology of the Environment 251 Liberation Theology 315 Women in the Middle Ages 504 Creationism: Challenge to Sc 260 Hispanic Theology 365 The 1960s: War, Politics, Race and Challenge to Rei 498 Directed Readings Rock n' Roll 505 Natural Theology in Historical 499 Undergraduate Research 369 \"Cowboys and Indians\" in the West Contex1 500 Introduction to Graduate Studies 1840-1995 506 Divine Action in the World 500A Themes and Tex1s in the Catholic 454 Civil War Era 507 Institute in Science and Religion Tradition 485 Immigrants in America 599 Thesis Direction 502 Judaism 490 Directed Readings 600 Nonresident Thesis Research 503 Pentateuch 590 Directed Readings 604 Directed Readings 510 The Bible in Syriac 599 Thesis Direction 699 Research and Dissertation 511 The Synoptic Gospels and Acts 600 Nonresident Thesis Research 700 Nonresident Dissertation Research 513 The Theology of Paul's 697 Directed Readings Correspondence with Cirinth 699 Research and Dissertation Program of Liberal Studies 522 Medieval History 700 Nonresident Dissertation Research 527B Intensive Course: Thomas Merton 283 Great Books Seminar: Plato to John of the Cross Kroc Institute for International Peace Bonaventure 527C Intensive Course: Life, Death and Studies 477 Directed Readings the Common Good 501 Dante in Paradise 529 Anglican Theology liPS 396/496 Directed Readings 502 Darwin and Teilhard de Chardin 530 Fundamentals of Systematic liPS 427/527 Conflict Resolution: Theory and Steps Towards... \u2022 Theology Practice 503 Nature, Political Order and Modern 532 Christology liPS 445/545 Education, Multiculturalism and Democracy 533 Ecclesiology Democracy 504 English Romantic Poetry and 534 Doctrine of God liPS 501 Colloquium on Cross-Cultural Poetics 536 Theology of Grace Understanding 505 Milton's Paradise Lost 537 Sacramental Theology liPS 525 Seminar on International Conflict 506 Social, Moral, and Religious 552 Interpersonal Ethics and Cooperation Development 560 Liturgical History liPS 530 Peace Studies Laboratory 507 Joyce, Dubliners 561 Christian Initiation liPS 599 Thesis Direction 508 Plato's Republic 562 Eucharist liPS 600 Nonresident Thesis Research 563 Liturgical Prayer liPS 693 Directed Readings Psychology 564 \u00b7 Liturgical Year liPS 695 Field Experiences 566D Orders and Ministry 211 Introductory Psychology 570A Protestant Worship Mathematics 341 Experimental Psychology 1 572 Ritual Studies Statistics 573L Comprehensive Review-Liturgical 104 Finite Mathematics 350 Developmental Psychology Studies 105 Elements of Calculus 354 Abnormal Psychology 573T Comprehensive Review-Theological 106 Elements of Calculus 397 Special Studies Studies 126 Calculus 453 Behavioral Pediatrics 574B The Bible and Liturgy 211 Computer Programming and 497 Special Studies 590 History of Liturgical Music Problem Solving 530 Research Methodology 598 Directed Readings 323 Introduction to Probability 533 Psyopathology 599 Thesis Direction 499 Undergraduate Reading 534 Group Dynamics 600 Nonresident Thesis Research MATH511Z Computer Programming and 541 Foundations of Counseling 698 Directed Readings Problem Solving 641 Professional Issues 699 Research and Dissertation 555 Game Theory and Other Decision 646 Seminar in Family Therapy 700 Nonresident Dissertation Research Processes 691B Advanced Issues in Statistics and 698 Advanced Graduate Reading Research Design 699 Research and Dissertation 693 Research Special Topics 700 Nonresident Dissertation Research 700 Nonresident Dissertation Research - page 16 Mills' three pointer sinks Spurs 85-84 Associated Press Terry Mills' 3-pointer with 2.6 seconds left gave the Detroit Pistons their second victory over the San Antonio Spurs in six days, 85-84 Wednesday night. Grant Hill led the Pistons with 21 points and 13 rebounds. Joe Dumars added 15 points while Mills finished with 13. Avery Johnson, who scored 15 of his team-high 19 points in the second half, gave the Spurs an 83-82 lead on a pair of free throws with 35.8 seconds left. David Robinson blocked Otis Thorpe's shot and Sean Elliott hit one of two free throws to extend San Antonio's lead to 84-82 with 18.8 seconds left. Robinson added 17 points and 14 rebounds while spending most of the game in foul trouble. The Spurs, who have lost four of their last five games, also fell to the Pistons 100-98 at Detroit last Thursday. The Pistons used a 26-7 spurt over the second and third quarters to turn a nine-point deficit into a 54-44 lead with 8:46 left in the third quarter. San Antonio rallied to take a 71-69 lead early in the fourth quar- ter, but Dumars scored nine straight points for the Pistons to give Detroit an 80-75 lead with 4:40 left in the game. Detroit, which shot 34 percent in the first half, closed the second quarter with a 9-0 run to take a 43-41 lead at halftime. Dumars' 3-pointer with 2.9 seconds left capped the streak, and Mills and Allan Houston combined to score 16 of Detroit's 25 second-quarter points. Indiana 97, Milwaukee 89 The Observer Thursday, January 25, 1996 Johnson's return lifts Suns ByRON Associated Press Charles Barkley scored nine of his 22 points in the decisive third quarter as the Phoenix Suns defeated the Minnesota Timberwolves 101-91 Wednes- day night, just their third win in 12 games. Jawing with the Wolves bench and swishing fallaway jump shots, Barkley helped Phoenix rally from a five-point halftime deficit by outscoring Minnesota 31-14 in the third quarter. With the win, the Suns avenged a loss to the Wolves on Jan. 4, the only time Minnesota has beaten the Suns in 27 games since joining the NBA. Kevin Johnson, who along with Barkley returned to the Phoenix lineup Sunday, also had nine points in the third quarter. Reggie Miller's 27 points sparked the Indiana Pacers to their fourth straight victory, 97-89 over the Milwaukee Bucks on Wednesday night. Miller scored 14 of his points in the first period, when the Pacers built a 29-23 lead they would never relinquish. He added four foul shots in the final minute to ice it photo David Robinson and the San Antonio Spurs continued to struggle Wednesday night, losing to the Pistons for the second time this week. Johnson finished with 21 points and 11 assists. Barkley added a team-high 16 rebounds, and four other Suns scored in double figures. Mark Jackson added 17 points, and Ricky Pierce got 15 off the bench as Indiana won the season series with the Bucks three games to one. They were down 91-84 with 1:30 left, but misfired three straight 3-pointers before Cummings was fouled and hit two shots to make it 91-86 with 52 seconds left. Jackson swished two foul shots and Miller hit all four of his to thwart the comeback. The victory improved the Suns' record to 2-3 since Cotton Fitzsimmons replaced Paul Westphal as coach last week. Glenn Robinson led the Bucks with 25 points and Terry Cummings had 17, but the Bucks had no solution for Miller. Miller, who scored a season-high 40 in a victory over Phoenix on Tuesday night, had three 3-pointers in the first period. He also swished three free throws after drawing a foul from Newman on a fourth 3-point attempt. They rotated Johnny Newman, Shawn Respert and Jerry Reynolds on the Indiana guard but couldn't stop his deadly long- range aim. Miller was 6-of-8 from the field, including 4-of-6 from 3-point range. Overall, the Pacers were 9-of-20 on 3-pointers and Milwaukee was 3-of-14. Miller's open 3-pointer put Indiana ahead 42-35 with 4:15 left in the half as the Pacers began to pull away. Behind Miller's 17 first- half points, Indiana took a 55-45 halftime lead. It also was the second win in three games with Barkley and Johnson back from injuries; Phoenix was 1-5 without them. Tom Gugliotta had 20 points and 14 rebounds to lead Min- nesota, which missed a chance to tie a franchise record with its fourth straight home win. Christian Laettner had 18 points. Robinson scored eight points in a 10-1 run that trimmed a 17- point deficit to 69-61 with 2:30 left in the third period. His bucket on the first possession of the fourth quarter cut the Pacers' lead to 74-69, but the Bucks got no closer sore right foot forced Pacers' center Rik Smits to sit out for the second straight night. Antonio Davis started for Smits and had 12 points and nine rebounds, and Dale Davis added seven points and 12 rebounds. Classifieds ############## Stamper BoB & The4X4's live at Jazzman's Thurs night 1 O:OOpm BREAK! With only 1 week to live IT! Organize group Jamaica/Cancun $399 Bahamas $359 Florida $1 09 packet. Call Sunsplash 1-800-426-771 0 Anne Leap Word Processing Specialist Editing-General Correspondence- Proofreading-Business Documents- Academic Papers-Free Pick-up and Delivery \"Professional Results at Affordable Prices\" (219)257-1766 1-800-328-7513 Spring Break Bahamas Party Cruise! 7 Days $2791 Includes 15 Meals & 6 Free Parties! Great Beaches/Nightlife! Leaves From Ft. Lauderdale! breaktravel.com 1-800-678-6386 Cancun & Jamaica Spring Break Specials! 111 \"'o Lowest Price Guarantee! 7 Nights Air & Hotel From $429! Save $100 On Food/Drinks! breaktravel.com 1-800-678-6386 Spring Break! Panama Cityl 8 Days Room With Kitchen $1191 Walk to Best Bars! 7 Nights In Key West $2591 Cocoa Beach Hilton (Great Beaches-Near Disney) $169! Day1ona $1391 1-800-678-6386 LOSTII!!! 1.0. bracelet. Says \"Christopher\". Reward for return. Please call, sen- timental value. Call Chris, @ 1662 Switched: If you have the wrong turquoise double-breasted jacket from the Lewis/Keenan formal, give me a call have yours. Andy X1765 ABROAD- Make up to $25-$45/hr. teaching basic conversational English abroad. Japan, Taiwan, and S. Korea. Many employers provide room & board + other benefits. No teaching background or Asian languages required. For more infor- mation call: (206) 971-3570 ext. J55842 HIRING- Positions are now available at National Parks, Forests & Wildlife Preserves. Excellent benefits + bonuses! Call: 1-206-971-3620 ext. N55844 EMPLOYMENT- Students Needed! Fishing Industry. Earn up to $3,000-$6,000+ per month. Room and Board! Transportation! Male or Female. No experience necessary. Call (206)971-3510 ext A55843 The Observer accepts classifieds every business day from 8 a.m. to 3 p.m. at the Notre Dame office, 314 LaFortune and from 12 p.m. to 3 p.m. at 309 Haggar College Center. Deadline for next-day classifieds is 3p.m. All classifieds must be prepaid. The charge is 2 cents per character per day, including all spaces NEEDED: One of America's fastest growing telecommunications co. needs Reps. Offers personal freedom and chance to motivate others. No inventory, no delivery, no quo- tas. Call Julie at4-4172 Telecommunications am writing the entry on F.Z. for the Dictionary of American Biography want to listen to some of his albums before beginning library research. If you have any albums and would be willing to let me tape them, please call277-9071 WANTED: Good people to earn money by becomil)g reps for Telecommunications. Call 299-1999 evenings For stealing the classic Kenner\u00ae Star Wars action figure. Please return the lovable little green guy before John Lucas is reduced to tears. If things get any worse he'll film an infomercial, quit his job and devote his life to tracking down the real kidnappers. Call 1-4542 with any info. Small reward. You'll be given a code number and we won't ask your name NEIGH- BORHOOD. $300.00/MO. 255- 9005 CONSTRUCTION. 3 BED.-2 BATH. $900.00/MO.+ 257-0457 1 bedroom in 3 bedroom home Female preferred Use of all utilities 300.00/mo. - Close to campus Safe neighborhood Call Paul 232-2794 3 237-9718 For Sale: 93 Honda Accord 22K. 4-door. auto, air, cruise, cas- sette. Excellent condition; faculty owned. 631-7555 SALE! 1985 XA4TI 85 @ 232-7939 '90 Honda Accord LX, 66,000 mi., Auto., PS/PB, Air Cass., Cruise, Etc. Excellent Condition. $8500 or best offer. 272-7180 ~-F_o_R_RE __ N_T __ ~~-T--IC_KE __ T_s __ 8 BED- Need 3 or 4 GA's for Call Ted x3381 3-4 Need 2 GAs for W.Virginia game. 2773097 Call Karen x2371 Need for W.V. 219-291-7153 Call Leigh X4179 Student season basketball ticket 232-2595 available. Call Arlene at631-8447. Offer: 1 or 2 for Sat. Feb. 24 in exchange for Thurs. (prefered) or Fri. tickets. Please call Claudia (x-4088). Leave a message need tickets for the St. John's game February 11. Call Jim at 287- 4966 0o0c0c0c0c0c0c0c0c0c0 LaFortune Student Center Phone 631 0o0c0o0c0c0o0c0c0c0c0 Mentalist Come let Craig Karges of Leno and Letterman fame read your mind and mystify you with his powers. Appearing Friday, Jan. 26 at 8 p.m. at the Library Auditorium. $$$$$$$$$$$FREE$$$$$$$$$$$ Brought to you by your friends at SUB! ... Bai-Ju's Noodle House\u2022 .. We Deliver! 271-0125 Delivery Hrs: Mon-Sun 4:30-Mid $8.00 Minimum Order This week's special: Szechuan Fried Rice Chicken Lo Mein St. Edward's Hall Players proudly present: One Flew Over The Cuckoo's Nest Thurs., Fri, Sat. 8 p.m. @ Washington Hall Tickets available at LaFortune Info desk or at the door will resume this Thursday from 9 pm ti1112 am in the Huddle. Call John Gavula to reserve a time to play, or for a backrub ... 4-0632 What's that dam-ned potpourri smell? Grab 'n Go Bags are coming! This is your chance to make a difference and earn a special bonus for the rest of the semester. Bags will be on sale in both dining halls starting Jan. 31. Brought to you by Lewis Hall The Nerd Sat1/27 and Sun 1/28 7:00 p.m. 204 O'Shaughnessy Hall No preparation necessary. sponsored by Notre Dame Student Players SKIPPY!!!!!! Sooo Hot... want to touch the hineyll! Love, Buggy 10:30 23 Goodrich ... please play here. Happy Birthday Paz! From your friends on the seventh floor. \u00b7--------------------------------------------~ Thursday, January 25, 1996 The Observer page 17 Favre named NFL's 'Marathon' challenger brings Player of the Year By Francisco in the opening rounds of the playoffs before losing to Dallas 38-27 in the conference championship game. aggressive style against Seles Associated Press Brett Favre made it to the Super Bowl, just not in the way he hoped. Favre. who led the surpris- ing Green Bay Packers to the title game this season, picked up another honor Wednesday when he was named the NFL's Player of the Year. \"This is awesome,\" said Favre, who previously won the league's and Offensive PlayPr of the Year awards. \"It hasn't hit me yet and hope it never will.\" The fifth-year pro set an record with 38 touch\u00b7 down passes and threw for 4,413 yards, guiding the Packers to an 11-5 record and their lirst Central title In 23 years. It was their first 11-victory season since 1966. They beat Atlanta and San Favre accepted his Player of the Year trophy at a Phoenix hotel, posed for pictures and then had to seek refuge in a hospitality room to avoid a swarm of autograph seekers. \"Life is hectic these days. It's been non-stop interviews for the past couple months,\" he said. \"The only bad thing about this year is not getting to the Super Bowl. That's the one thing you strive for. \"We expect to get there next year think we're very close. We need a little more experi~ ence and a little more confi\u00b7 dence,\" Favre won the Player of the Year honor in landslide fash\u00b7 ion. getting 70 percent of the 170 votes cast by a nationwide panel of media representa- tives. By Associated Press MELBOURNE. Australia Monica Seles, who hasn't lost a set, is taking on marathon champ Chanda Rubin, who re- fuses to lose even if she has to play all night. lt could make for a fascinat- ing semifinal Thursday at the Australian Open, a classic con- trast of styles between the baseline-bashing Seles and the net-attacking Rubin. In the other semifinal, Anke Huber of Germany takes on Amanda Coetzer of South Africa, a match up of base liners. But all eyes will be on the match between Seles, who stands literally and figuratively head and shoulders over her rivals, and Rubin, the rising star who has played several of the most riveting and pro- tracted matches in tennis his- tory. Rubin played the longest women's match in Australian tennis history Tuesday night, 3 hours, 33 minutes. The 6-4, 2- 6, 16-14 victory over Arantxa Sanchez Vicario also set an Australian women's record for the most games in a set or match. That was nothing new for Rubin. She won a marathon match at Wimbledon last June, beat- ing Patricia Hy-Boulais 7-6, 6- 7, 17-15 in a duel that set a women's Grand Slam record for most games in a match and in a set few weeks before that, Rubin put on one of the great- est comebacks ever, fighting off seven match points and a third- set deficit of 0-5, love-40 to beat Jana Novotna at the French Open But the 19-year-old judge's daughter from Lafayette, La., may have to be ready to play for days if she's going to topple Seles. The latter comes to the semifinals after polishing off five previous opponents in straight sets. Seles is playing the best ten- nis of her comeback and looks unstoppable. But she is still feeling the effects of a groin injury, saying Tuesday that while it isn't getting worse, it isn't getting better. She also in- jured a tendon above her right ankle during Tuesday's defeat of Iva Majoli. If the 13th-ranked Rubin keeps playing aggressively and placing her shots along the baselines, as she did Tuesday night, she might put Seles on the run and wear her down. \"It's going to be a tough one against Monica. I'm going to go out and try to be aggressive,\" Rubin said, \"Hopefully cut down on the unforced errors a little bit, but just see how it goes, just go out and play.\" But if Rubin scatters shots wide and long, as she did against Gabriela Sabatini in the fourth round, Seles will chew her up. Rubin and Seles have radi- cally contrasting styles. Seles plays from the baseline, and made only one (unsuccessful) net approach Tuesday in her match against Majoli. Rubin loves the net, succeed- ing in 45 of 62 net approaches in her epic match against Sanchez Vicario. \"Chanda have never played,\" Seles said, \"It will be another tough one.\" Despite her catalog of injuries, Seles has devastated her opponents so far, averaging only about an hour per match \\)\\NE-/1\\f ren f!min : =~=~~~E:~OCCASIO~ n z.tll vns \u2022 Balloon Rouqurl\u2022 For All Orca\u2022lon\u2022 For That Special Student NOW: Bruno's \u2022 Macri's \u2022 Bai Ju \u2022 Chili's Francesco's \u2022 Friday's \u2022 Oriental Express Hacienda \u2022 Wings \u2022 Colorado Steak House And Many Many More 272-2328 Not Valid With Any Other Offer - Expires 5/1/96 Present This Ad For 10 Combined Order of Food & Balloons Mareh \u2022 1cago while trouncing them. She is still the runaway favorite for the finals. In the other half of the draw, No. 8 Huber takes on No. 16 Coetzer. This is Huber's first Grand Slam semifinal since she top- pled Steffi Graf at the 1993 French Open, and since then she has often been compared - or contrasted - with her more accomplished compatriot. Huber is a consistent baseline player, but isn't afraid to rush the net. as she did Wednesday to upset No. 2 Conchita Martinez 4-6, 6-1, 6-1. Huber's consistency showed in the 23 service winners she fired, to Martinez's 14. It takes a top player to thwart Huber. At last year's Australian Open, it was Mary Pierce; it was Graf at Roland Garros; at Wimbledon, Sanchez Vicario; and at the U.S. Open, Seles stopped her. Is Coetzer a similar threat? Coetzer plays a compact game punctuated by powerful penetrating ground strokes that belie her diminutive size - 5 foot-2, 122 pounds solid baseline player who hits with heavy topspin, Coetzer also occasionally comes to the net. Huber said that when she faces Coetzer have to take the ball early and play aggres- sive, and not make too many errors. That is most impor- tant.\" Coetzer advanced to the semifinals by beating 15-year- old Swiss sensation Martina Hingis on Wednesday 7-5, 4-6, 6-1. Hingis contributed to her own defeat with 81 unforced errors. Coetzer had been in a slump in recent years, but snapped out of it last August at the Canadian Open, when she ended Grafs 32-match winning streak, then beat Novotna and Pierce before losing to Seles , page 18 Switzer maintains old image despite success By Associated Press GAME!\" It went that way for most of the session. TEMPE, Arizona When Switzer was told that Barry Switzer still can't give Charles Haley, recovering from up the Oklahoma analogies. back surgery, said he could So when he was asked what play in Sunday's game even if Troy Aikman, Emmitt Smith he didn't practice, Switzer said: and Michael Irvin had done for \"He can't play if he doesn't his Dallas Cowboys, he had a practice and he has to practice quick retort. today. You go tell Charles \"You think coaches win foot- that.\" ball games? They got us here Then came the inevitable to the Orange .---------------------------, question , Bowl, Er the one mean the 111 n u 8R p li about his Orange Bowl.\" decision to Switzer's go for a news confer- first down ences aren't on fourth always infor- and 1 from mative, but his own 29 they're usually in a tie entertaining. game in Such was the sr 8 01 u II\\. Phila. on case on Dec. 10. Wednesday, The play another press conference day failed and the Eagles took prior to Sunday's game. advantage and kicked the win- The first question came from ning field goal. Spencer Tillman, a television \"Every kid knows and every newsman in Houston who coach knows that you have to played for the San Francisco punt in that situation,\" Switzer 49ers, Houston Oilers and, be- said. fore that, at Oklahoma for a \"But there are times you coach named Barry Switzer. make the decision. Sometimes His question was about ways you win 'em. Sometimes you to combat the Pittsburgh de- lose 'em. You roll the dice.\" fense. And finally: Was Barry bring- Switzer, who often answers ing a lot of family to Arizona questions he doesn't like with a for the biggest game of his \"Did you ever play career? GAME?\" responded to Tillman lot of family? Of course,\" with a series of Xs and Os. he replied. ''I've got 30 people He ended by saying: \"You coming in. They're all staying know what mean, Spencer, in my room. Even my ex-wife She's on a rollaway bed.\" The Observer Thursday, January 25, 1996 Colorful Steelers overachieve By AlAN Associated Press TEMPE, Ariz. What gives with the Steelers? Do they issue quirky person- alities when they hand out numbers each season? Why are they always so colorful, so rough, so tumble, so blue col- lar, so ... well, Pittsburgh? \"We're just a bunch of over- achievers from a little town in western Pennsylvania,\" coach Bill Cowher said with the fran- chise one victory away from a fifth Super Bowl championship. Cowher is a hometown boy who grew up barely a Terry Bradshaw spiral away from Three Rivers Stadium. He per- sonifies the grit and resiliency of his team. As a player, Cowher clung to a job for five years mostly on his persistence and attitude. As a coach, according to defen- sive lineman Brentson Buckner, Cowher can be \"a guy who's like your best buddy in high school, or a guy you wish you could hit right in the jaw.\" Cowher does not expect per- fection, but a player better not give less than a full day's worth of perspiration. They may not hear about it from Cowher, but they'll hear about it. \"In Pittsburgh, the coaches don't have to tell you if you're not giving your best because the fans will tell you first,\" said linebacker Jerry Olsavsky, who grew up in nearby Youngstown, Ohio, and played at Pitt. \"When players come from other teams, they sometimes change and the fans have something to do with it:\" Maybe that's why some play- ers seem destined to wear Steelers' black. Neil O'Donnell, with his coal miner's beard and lunch bucket mentality, wouldn't seem right playing quarterback for the turquoise-and-teal Dolphins. Greg Lloyd is a 1990s version of Jack Lambert- with teeth. Yancey Thigpen was a special teams player in San Diego, but became a Pro Bowl receiver in Pittsburgh, mostly through pa- tience and work ethic. It's the honest-day's-work- for-an-honest-day's-pay men- tality that existed when Pittsburgh was a steel mill town, rather than one whose economy is driven by software firms and high technology. \"The mills may be gone, but it's still a blue-collar town,\" Olsavsky said. \"The fans are knowledgeable lot of them are peewee football coaches themselves, and they know the game. It's not like it was in Los Angeles, where the players were craning their necks to see the 20 movie stars in the tun- nel. In Pittsburgh, it's just foot- ball and you've got to go out and play for the people. You've got to.\" Olsavsky embodies the per- sonality of the team and town he plays for. He injured both knees so badly in a 1993 game in Cleveland that doctors told him he might not walk nor- mally again, much less play football. But he rejoined the Steelers barely a year later. Then there is Rod Woodson, who would achieve the re- markable feat of playing in the Super Bowl barely four months after reconstructive knee surgery. The Cowboys' Michael Irvin said his recovery from the same injury took 18 exhausting months. \"Anywhere else, I'm probably on the injured reserve list,\" Woodson said. \"But told coach Cowher thought could come back, and he believed me.\" The Observer The Viewpoint Department is hiring for this semester: Associate Viewpoint Editor Assistant Viewpoint Editor Viewpoint Copy Editor Submit a resume to Michael O'Hara at The Observer by January 26, 314 LaFortune. For information call 631-4541. ....------- -- Thursday, January 25, 1996 The Observer Smith defines Cowboy dominance By Associated Press TEMPE, Ariz. Leave it to Nate Newton, the Dallas Cowboys' 330-pound chatterbox, to define Emmitt Smith's impact on the team. \"Before Emmitt came was just a normal fat guy,\" the left guard said. \"Now I'm a fat guy who goes to the Pro Bowl.\" Emmitt Smith can do that for people. He's not the biggest running back in football. Nor is he the fastest. lle'd love to have Barry Sanders' moves and Barry Sanders' speed. Yet it's conceivable that if his 5-foot-9, 209-pound body stands up for another six to eight years, he could hold every rushing record. \"He's not as big as Jim Brown and he's not as fast. But if he continues to play at this level for a few more years, he'll have done everything that Jim Brown did and more,\" says Dick LeBeau, Pittsburgh's de- fensive coordinator and in charge of finding a way to stop Smith in Sunday's Super Bowl. Consider this: -Smith's 25 rushing touch- downs this year were the most in a single season, one more than John Riggins' old mark. His 96 career TDs in just six seasons are fifth behind Walter Payton, Brown, Marcus Allen and Riggins. Next season, he should catch Payton, who has 110. -His 1,773 rushing yards broke his own Dallas record, set in 1992. He's already 13th on the all-time rushing list with 6,956 yards, more than halfway to Payton's 16,726, set over 13 seasons. -He's also 115 yards away from breaking Franco Harris' record of 354 rushing yards in Super Bowl games. -Most important: Since 1993, the first of Dallas' Super Bowl seasons, the Cowboys are 0-4 in games he has missed; 31-5 in games he's played. The 1993 season is the best illustration of just what Smith means to Dallas. lie held out in training camp and missed the first two games, both of which the Cowboys lost. He joined the team for the third The Observer is now accepting applications for the following paid positions: Assistant Systems Manager Web Administrator Freshmen and Sophomores enco~~aged to apply. If you have Macintosh experience and are look- ing to run your own network, submit a one-page personal statement to Sean Gallavan by Friday, January 26. Call631-8839 with questions. game and the Cowboys went 12-2 the rest of the way and on to the Super Bowl. Dallas became the first team in the Super Bowl era to lose its first two and win the title. But it was the last regular- season game that most defines Smith, a game against the New York Giants at the wind-swept Meadowlands. Because the Cowboys had lost those two early games without him, they had to beat the Giants to win the East and avoid taking the wild-card route through the playoffs. ln the second quarter, Smith was knocked to the turf, his right shoulder separated. He re-entered the game as the Giants rallied from a 13-0 deficit to tie it at 13. Then, in overtime, he took over despite what he calls \"the most pain I've ever had.\" Carrying the ball and catching it, he was a one-man show as the Cowboys drove for the win- ning field goal, finishing with 168 yards in 32 carries and 10 catches for 61 yards. Without that win, the Cowboys probably would not have won their second Super Bowl - they would have had to play the next week and Smith probably couldn't have played. \"But that's what you're in the for: to play games like this,\" said Smith, who later underwent surgery for the injury.\" That's what makes Smith spe- cial. His physical ability is only marginally better than other good backs - it kept him from being picked higher than 17th overall in the 1990 draft. He was the second running back chosen, behind Blair Thomas, who was taken by the New York Jets at No. 2, never developed and ended up briefly as Smith's backup last season. 20 1996 20TH (FEB. 1, 2, 3 Notre Dame Friday, fan. 26 Distribution 1-3 No Lines Before Noon Gate 10 St. Mary's Wednesday, fan. 24 Distribution 6-8 No Lines Before 5 O'Laughlin Auditorium 1 per Person 2 Tickets per Tickets are, as always, FREE! page 19 Road to Super Bowl rough and rocky for Steelers, Cowboys By Associated Press TEMPE, Ariz. For the Pittsburgh Steelers, it was 3-and-4. For the Dallas Cowboys, it was fourth-and-1. The Super Bowl participants didn't have an easy ride to Sunday's game. For nearly half the schedule, the Steelers struggled. Just about when Pittsburgh began turning it on, the Cowboys slipped into a funk. How they dealt with those critical junctures explains why they got this far. The Steelers lost All-Pro cor- nerback Rod VVoodson and quarterback Neil O'Donnell in the season opener. Their prize rookie runner of the previous season, Bam Morris, was over- weight and wound up on the bench. By the seventh week of the season, Pittsburgh had four losses, including a 20-16 defeat at expansion Jacksonville. The players were confused, their confidence ebbing and their ranking as an power rapidly disappearing. \"Three months ago, when we were 3-and-4, a lot of people did not give us a chance,\" O'Donnell said Wednesday. \"And we've lost one game in the past three months. We all came together.\" On and off the field. The play- ers give all the credit to coach Bill Cowher. Cowher didn't come down hard on his team. Realizing the Steelers had the talent to win the championship, he told them to evaluate what had hap- pened and then rededicate and refocus for the remaining nine weeks. \"We were embarrassed on national television at home by Cincinnati on a Thursday night,\" Cowher said. \"We had a chance to get away for the weekend. We got a chance to sit back and maybe do a self\u2022 check on ourselves. \"We came back, we made some changes and we took an outlook to look at the bottle as half full instead of half empty. Everybody else was going to tell us about all the problems we had.\" O'Donnell. who missed a month, got untracked. The coaches opened up the offense, began using Kordell Stewart everywhere. The Steelers won eight straight, easily taking the Central. \"They responded,\" Cowher said. \"You can make all of the changes in the world as a coach, but if the players don't accept and believe in it, it isn't going to get it done. \"And here we are, still play- ing in January.\" There was little doubt the Cowboys would get to January. There was widespread skepti- cism they would get very far into January. Dallas went through a horri- ble December after impressive victories over Oakland and Kansas City. The Redskins beat them for the second time. The next week, at Philadelphia, came the now-infamous fourth-and-1 play, with Switzer twice going for it at the Dallas 29 in the waning moments. And twice falling short. although the two- minute warning erased one failure. Switzer was lambasted. Cowboys players rallied to his defense. but questioned their own motivation and focus. \"When you go for fourth-and- 1 and don't get it and get blast- ed and people are talking about how your season is over and you are on the downhill side, you have a tendency to say, 'We know we're not this bad,'\" Smith said. \"So we packed up the wagon and moved on to where we want to be. \"Was that a turning point think so.\" More than anything, the Cowboys were offended by the way Switzer was treated by the media. Headlines such as \"Bozo The Coach\" didn't sit well with them. ....... ~ \" ......... ~-lll\"';ftf; presents a H11TER Featurin_g 4x4's Pws \u2022 With Lady Melo-\"D\" and Tony-Tony, Playing your favorite Disco and Hip-Hop music. \u2022 Disco contest upper level at 1 :00 AM. \u2022 Admission Restricted to 21 and over- Proper ID's required. $3.00 Admission With Student Admission Without Student \u2022Every one under 21 must state they are prior to entry. Save $2.00 With This Ad Before 11 :00 pm \u2022 i . ! t page 20 The Observer Bulls win with supporting cast Associated Press Michael Jordan scored a season-low 12 points but the Chicago Bulls didn't falter, beating the Vancouver Grizzlies 104-84 Wednesday night for their franchise-record 27th straight regular-sea- son home win. Chicago, now 36-3, won its 13th straight game - the second time this season the Bulls have won 13 in a row- behind Scottie Pippen's 30 points. Jordan, leading the league with a 31.7 aver- age, scored 15 against the Celtics in the second game of the season when he played just 21 min- utes in a lopsided victory. Jordan, who picked up his third and fourth fouls in the third quarter, finally got his first bas- ket of the second half on a stuff with 4:30 left in the period and then hit a jumper to get his ninth and lOth points. The baseline shot gave Chicago a 76-55 lead Jordan, just 4-for-10 from the field, didn't play the final period. Pippen hit 13 of 15 shots, including all three 3-pointers, and Dennis Rodman had 16 rebounds for the Bulls. Bryant Reeves led the Grizzlies with 23 points. The Bulls, 20-0 at the United Center this sea- son, have not lost at home in the regular season since March 24, 1995, in Jordan's first home game after coming out of retirement. The Bulls had a 26-game homecourt winning streak at Chicago Stadium from Dec. 14, 1990 to March 23, 1991. Pippen scored 14 of Chicago's first 25 points and the Bulls built a 15-point first-quarter lead. Vancouver cut the lead to seven late in the sec- ond quarter before Chicago went back up by 14 at the half with an 8-1 run in the final two min- utes. Jordan had only four first-half points, had two shots blocked during one 10-second span and picked up two fouls. He missed four of five shots. Hornets 127, Bullets 113 The Charlotte Hornets found it more than a coincidence that their biggest offensive output of the season came in Kenny Anderson's first game as their point guard. \"He's defmitely the reason the points were up there tonight,\" Glen Rice said after the Hornets got double-figure scoring from all of their starters in a 127-113 victory over slumping Washington on Wednesday night. Anderson, acquired last week in a trade with the New Jersey Nets, appeared to have an im- mediate calming influence on the Hornets, who have used eight different players at point guard this season. He finished with 12 points and 10 assists as Charlotte snapped a three-game losing streak. Thursday, January 25, 1996 photo Michael Jordan scored a season low 12 points, but the Bulls' support- ing cast helped pick up the slack to remain perfect at home. Ward, Ewing combine to take advantage of struggling Heat photo New York forward Charles Oakley helped the Knicks spoil Pat Riley's second meeting against his former team. Associated Press Patrick Ewing scored 37 points and Charlie Ward hit a pair of key 3-pointers Wednesday night to help the New York Knicks beat Pat Riley's struggling Miami Heat, 88-79. It was the second meeting between Riley and the team he left after last season amid con- siderable rancor. The Knicks beat Miami in New York on Dec. 19, 89-70, when the Heat were without four starters. This time the Heat were near to full strength, but New York overcame a six-point deficit in the fourth period anyway. Miami lost for the eighth time in the past 10 games, while the Knicks rebounded from a b~owout loss to Chicago on Tuesday. Alonzo Mourning had 25 points and 10 rebounds for Miami but failed to contain his fellow Georgetown alumnus, Ewing. The Knicks center hit The Princeton Review is Sponsoring a (free of charge, no obligation) Saturday, January 27, 1996, 8:00 - 5:00 PM, 204 O'Shag. (You must sign up for this in 101 O'Shag by 1/25/96 will be held Thursday, January 25, 1996, 6:00 - 7:30 PM, 204 O'Shag 16-of-31 shots, including at least four dunks. Miami had its biggest lead, 67-61, when Ward started a 9- 0 spurt with a 3-pointer - his first points of the game. Ward also made a steal and perfect pass to John Starks for a breakaway layup, and Ewing's dunk put New York ahead 70- 6 7 with 7:30 left. Ewing dunked again and hit two free throws as the Knicks built their lead to 78-70. Ward swished a 3-pointer as the 24- second buzzer sounded to make it 81-72 with three min- utes to go ''must see\" spectaculal' thl'illel' with musical undel'scol'ing February 2-3-4, 1996 f4 Friday 8 p.m. \u2022 Saturday 2 p.m. & 8 p.m. 0 -~\\.. Sunday 2 p.m f41\\1t00Ul\\ lickets 811.50 to 843.50 1 Ca 21 9-235-91 90 Box office open Monday- Friday, 10 a.m. - 5 p.m. Charge to VISA, MasterCard, AmeriCIII Express - Group, Student Senior Chlzen Discounts Broadway Theatre League Presentation Thursday, January 25, 1996 The Observer BASKETBALl Iverson, Harrington beat up on outmatched Orangemen 83-64 Associated Press Allen Iverson scored 26 points and Othella Harrington added 23 Monday night and No. 6 Georgetown held John Wallace in check in an 83- 64 victory over No. 17 Syracuse, the Orangemen's third straight loss and fifth in seven games. Boubaear Aw and Jerry Nichols had the assign- ment of covering the 6-foot-8 Wallace, who was <LVnraging 23.1 points per game. He finished with 17, six in the game's final 10 minutes. He had been held under 20 points only three times all snason and had 22 or more in six of his last seven games. Meanwhile, Iverson was his usual self for the Hoy as (17 -2, 7-1 Big East). scoring from the out- side and on drives that had the crowd at USAir Arena rising from their seats. Harrington han- dled the bulk of the inside scoring for Gnorgetown, which has won 14 of its last 15 games. It took Wallace 7:48 to get his first points and it was even longer in the second half. His first points after halftime came with 10:49 to play and it was a 3-pointer that brought the Orangemen (13-5, 4-4) within 61-44. The closest Syracuse got after that was 12 points twice, the last at 64-52 with 8:05 to play. The Hoy as blew it open again with a 7-0 run aftnr Syracuse was within 74-59 with 4:49 left. Freshman guard. Victor Page added 17 points for Georgetown. Otis Hill led Syracuse with 19 points, eight over his season average, while Todd Burgan had 15. Nichols finished with three points and Aw did not score, but it was their defense that mattered 68, N'Western 54 Jamie Feick scored 12 of his 16 points in the first half as Michigan State built an early lead and cruised to a 68-54 victory Wednesday night over Northwestern. It was the 18th straight victory over the Wildcats for Michigan State (10-8, 4-2 Big Ten). Northwestern hasn't won in East Lansing since 1984. Feick also had 12 rebounds, helping the Spartans to a 32-28 edge on the boards. His de- fense helped the Spartans hold Northwestern's Geno Carlisle to 11 points, well below his 20.8 average. Carlisle, still in the game with his team trailing 66-43, missed an uncontested dunk with 2:51 remaining. Evan Eschmeyer had 12 points for Northwestern (6-9, 1-5). page 21 Photo courtesy of Georgetown sports information Center Othella Harrington powered in 23 points, leading the Hoyas to the 83-64 victory over Syracuse. Nittany Lions claim Big Ten lead Hiro DeuwateD Associated Press Pete Lisicky broke out of a shooting slump to score 13 points as No. 14 Penn State took over sole possession of first place in the Big Ten with a 87-77 victory over Purdue Wednesday night. No. 19 Purdue (14-4, 4-2 Big Ten) led 33-32 late in the first half before Lis icky scored 10 straight points to put Penn State (14-1, 5-1) ahead to stay. Lisicky, ninth in the country in 3-point field goal percentage, made 1-of-9 shots against Minnesota two weeks ago be- fore straining his Achilles ten- don. He didn't play against Northwestern and missed the only shot he took in the Nittany Lions' loss to Michigan. Purdue cut the lead to 72-64 on Foster's 3-pointer, but Matt Gaudio scored and was fouled by Roy Hairston, stretching it back to 11 points. Calvin Booth led all scorers with 19 points, 17 in the second half, including a reverse break- away slam with 15 seconds left. Dan Earl added 15 as the Nittany Lions got their first win over a ranked opponent. Hairston led Purdue with 14 points and Justin Jennings added 12. No. 11 82, Florida St. 71 Dante Calabria scored 19 points and No. 11 North Carolina shut down Florida State 82-71 Wednesday night for its ninth straight win over the Seminoles. Vince Carter, Jeff Mcinnis and Shammond Williams all had 13 for the Tar Heels (14-4, 5-1 Atlantic Coast Conference) and 7 -foot-2 Serge Swikker added 12. The Tar Heels held Florida State scoreless for more than seven minutes midway through the game to open a 11-point advantage early in the second half. Avery Curry's 3-point shot with 3:33 left in the half capped a 16-6 run that had given Florida State a 34-33 lead. But Florida State didn't score again in the half and went scoreless. Florida State (1 0-6, 2-4 ACC) managed to get within three points in the second half on two occasions, the last with 11:17 left on Corey Louis' jump shot. Curry led Florida State with 16 points. Florida State's James Collins scored 15 points, reaching dou- ble figures for the 48th con- secutive game. Freshman Randell Jackson, who made his first start, and Corey Louis eached added 12 for the Seminoles Direct from the Orange Bowl Great Discounts on: eCaps ePennants eT-shirts ePins eSweatshirts eChildren's Apparel First Floor LaFortune Student Center (219)631-8128 We Acce .t VI~~._ Master Card and Discover page 22 Tennis continued from page 24 in the regular season. However, the Irish won when it counted as in each of the two seasons they rebounded to beat Minnesota in the tournament. Tomorrow's match will be indicative of whether the fall season and the few weeks of preparation that the team has had since then have been sufficient. The team returned from Christmas break a week early to practice, and they feel that by doing that has prepared them for the 1996 season. \"Coming back a week early really helped us focus and prepare for our goal, which is to be a top-ten team,\" Sprouse said. In addition to Sprouse, the Irish have three returning seniors in No. 3 singles player .J. O'Brien, No. 5 singles and No. 1 doubles player Jason Pun, and No. 6 singles player Brian Harris. Experience will be a key in the formula for suc- cess of the Irish, and the seniors are expected to The Observer be the catalysts in the equation think that all season experience will be one of our strong points,\" Sprouse commented. In addition to the four seniors, the Irish arsenal consists of sophomore Jakub Pietrowski at No. 2 singles, joined by classmate Dan Rothschild to form the No. 2 doubles team, and freshman Brian Patterson debuting at No. 4 singles. Sprouse added that junior Ryan Simme, who has been nursing a foot injury, would normally play either number one or two singles but is not certain to play. Simme has been recovering from foot surgery and is slowily working himself back into the lineup. He did not appear on the singles venue against Ohio State, but joined O'Brien at No. 3 doubles. Although a victory against the Golden Gophers is at the top of the priority list for the Irish to- morrow, it is only the second match of the season and in the long run will be only a stepping stone of what looks to be a great season. \"We have a long season ahead of us,\" Sprouse said. \"While a victory is important, it's not the be all end all.\" ''I'll just tell the team to go out and have fun, and hopefully we'll win.\" Lawson leads 'Cats over Friars ByDAVEIVEY Associated Press VILLANOVA, Pa. With his team trailing 61-56 with three minutes remaining Wednesday night, Villanova coach Steve Lappas called a timeout to settle his seventh- ranked Wildcats. But it was junior center Jason Lawson who took over in the huddle and took over the game, scoring six points down the stretch to help rally his team to a 69-65 win over Providence just told the guys don't slack off and play solid defense. And on offense - execute. We'll pull it out,\" said Lawson, who scored 18 points and grabbed seven rebounds. \"We did.\" Lappas said it was his plan to go to Lawson in the closing minutes. \"That was our goal. They did a good job early of fronting Ja- son down low, but we knew it would be a positive matchup for us,\" he said. \"When the game was on the line, he hit his shots.\" Villanova (15-3, 6-2 Big East) has won two straight, while Providence (9-7, 2-6) has lost three of its last four. It was the first game played on the Wild- cats' new parquet floor at the duPont Pavilion. Kerry Kittles had 15 points and Eric Eberz added 13 for the Wildcats. The victory spoiled a career game for Providence's Derrick Brown, who had 29 points on 12-of-18 shooting and a team- high nine rebounds. Brown's previous career high was 19 points cA \u00aeibsummer Q{ligfjfs SOream by o/1/{~wn, ~-\u00a5'e- \u2022 This Production dedicated to Mandy Abdo \u2022 Directed by Paul Rathburn Friday: January 26, 7:00pm Saturday: January 2 7, 11:00 am Sunday: January 28 1:00pm .. Call .. Backs NEEDED!! Endorsed by the Senior Class of 1996 The College of Arts and Letters The Not .. So .. Royal .. Shakespeare Company For more information call631-5069, or 232-0017 The Observer Make checks payable to: and mail to: The Observer/Eric Ruethling No. 1 doubles player Jason Pun and the Irish doubles team will have a decisive effect on today's outcome. The Observer is now accepting applications for the following paid positions: Assiastant Accent Editor Accent Copy Editors Please bring a page personal statement to Krista in 314 LaFortune by noon on Friday, Janunary 26lli. Call63I-4540 with questions March 10-16, 1996 The Appalachia Seminar during the spring break presents a unique service-learning opportunity. Students travel to various states in the Appalachia regjon: Kentucky, West Virginia, Tennessee, and Mississippi. They work at a variety of sites which examine the political, social, economic, and cultural forces influencing the Appalachian people. These sites focus on several issues including self help, housing construction, environmental well-being, rural health care, and race relations in Appalachia. Through physical labor and person-to-person contacts, students experience the cultural richness of the area and begin to understand and analyze the social forces that influence the lives of the mountain people \u2022 Is a 1-credit Theology course \u2022 Involves orientation and follow-up learning \u2022 Presents the opportunity to work, laugh, and learn in with other volunteers SESSION: (optional) APPLICATIONS: For further information: Thursday, January 25,1996-7:00-7:30 P.M. At the Center for Social Concerns Available at the Center Applications are due: Wednesday, January 31, 1996 Tim Hipp, 634-1141 or Alex Andreichuk, 634-3504 Bradley Harmon, 631-9473 Dr. Jay Brandenberger, 631-5293 The Observer P.O. BoxQ Notre Dame 46556 Published Monday through Friday, The Observer is a vital source of information on people and events in the Notre Dame and Saint Mary's Community. 0 Enclosed is $70 for one academic year 0 Enclosed is $40 for one semester Join the more than 13,000 readers who have found The Observer an indispensible link to the two campuses. Please complete the accompany- ing form and mail it today to receive The Observer in your home. Name ________________________________________ __ Address ____________________________________ __ City--------- State _____ Zip __________ _ Thursday, January 25, 1996 The Observer $. '1ov ~\"\\~ ARe. ~oNrtA \"SrP.f L\u2022fTI!'<C.. :- lF 1-jou SA\"\\ 'SomETIII!<C.SE)I.I3T I..I~E.\"~IRV'\u2022 A.P.E.. Too \\J.kP.l'\" oJilE. l::>E.A\"I> \u2022\u2022 \u2022 / ~~e. SA'1 {;,.oot>- 13'\\\" To ~eAC i ~1-CMe \u2022 1-;)'1 Tl\\~s. WKI.\\ \\}lE L\u2022fTII-IC., W\\11\\ 'S\\\\El t Mail jmartin@wisenetnet r-----------------------~ur-----------------------~ 1 lNIERNE 26 Fast fliers 1 Long time 27 Unaided 31 \" ... baked in 5 Son of Venus .. 9 Exhaust a 33 Ticket info person 34 Ask urgently 14 \"Cheers\" stoolie? 37 -pink 15 Western wine 40 Wanted-poster valley letters 16 Prefix with 41 Usually centrism 43AIIey-- 17 Some exercises 44 Senior member 18 Fed 46 Kind of sax 19 South Sea isle 47 Court 20 Dangerous 48 Letter encl. drink 50 Missions 23 Classic auto 52 Accusation from 24 Numerical Caesar prefix 54 Big band -- 25 Atlanta-based 57 Ballad ending cable channel 58 Broadcast 2 > o HI5 z ~ fv BRILLIANCE. t 59 Single engagement 64 Calliope power 66 Cafe additive 67 Novello of old films 68 \"Maria\u00b7--\" (40's hit) 69 Book after Chronicles 70 Utah's state flower 71 Pretend 72 Dates 73De-- (too much 1 Whoever 2 Make a boo-boo 3 Hence 1--+---+- 4 Intelligence 5 Workers homes 6 Rosalind Russell Broadway role 7 Certain abstract paintings 8 Babbled 9 Out of juice 10 Polo Grounds great 11 Burg 12 Cove 13 Court pleas, briefly 28 John's mate 29II's marked with an arrow 30Guinness record, maybe 32 Cardin and Curie 35 \"Right you --!\" 36 High point at 21 Coring tools 8=+7-+::::-1 22 One-time link ~.;,..+=-+:-::-~ 26 Kind of tax 27 Slender nail the shore 38Punk 39 Homeric poetry 42 Swit and Young BIG. 45 Water in a fontaine 49 Donne's dusk 51 Painter 52 Painter's prop 53 Sir or Dame, e.g. 55 Heats up 56 Staring 59 Kind of band &OTake on 61 Swear up and down 62Canceled 63 Word after ear or tear 65 Year in the Yucatan Get answers to any three clues by touch-tone phone: 1-900-420- 5656 (75\u00a2 each minute LIFE: Rely on people who have a proven track record in business or !inancial management. You need to ask ques\u00b7 tions before investing in a propeny deal. lie skeptical of proposals that sound too good to be true. Children will play a pivotal role in a mar- riage. Put your whole heart into everything you do. Good natured and tactful. you have a knack for getting others to cooperate. Your friendships are many and rewarding. Be wary of those who want some- thing for nothing DAY: model Nastassja Kins- ki, singer Neil Diamond, gymnast Mary Lou Renon. comedian Yakov Smimoff (March 21-April 19): Sharpening your skills will boost your earning potential. Take classes change of lifestyle will bring some fascinating people to your side. Be discreet when dealing with envious people (April 20-May 20): Curb a tendency to overspend. Oth- ers may ask questions if you stan to splurge. Do not shirk your responsi- bilities. Tend to an older person \u00b7s needs with good grace. The outlook for romance is great tonight <May 21-June 20): Caution is advised when pondering major business moves. Do not gam- ble on a new trend; it may not last. Your relations with members of the younger generation are in the spot\u00b7 light. Use common sense <June 21-July 22): Plans you set into motion now should succeed beautifully. Your intuition is right on target. Profits soar! Romance will flower if you change your approach. Be consider- ate (July 23-Aug. 22): You are able to handle more work than page 23 usual. Your self-con!idence grows. Teamwork is the key to lasting gains. If you need to let otT steam. talk to a trusted friend. Seek sugges- tions (Aug. 23-Sept. 22): Be alert to trouble brewing at home. You need to use more \u00b7diplomacy when dealing with loved ones. An influential person wants your advice. Avoid making \"an educated guess (Sept. 23-0ct. 22 good day to apply for a loan. First impressions are apt to be right. Let\u00b7 ters and phone calls can take the place of an expensive business trip. An imaginative idea leads to extra income (Oct. 23-Nov. 21 ): Uncharted waters can be risky financial offer or flination merits an immediate response. However. you will fare better if you look at all the facts first (Nov. 22-Dec. 21 ): The road ahead may not be clear. Stop. look and listen at all crossroads. You need facts. not rumors, to make wise decisions. Romantic panner wants to be pam\u00b7 pered now and then. Be supportive <Dec. 22-Jan. 19): Your clever maneuvering helps advance a project when outside resources or talents prove unreliable. Your colleagues\u00b7 respect helps erad\u00b7 icate any self-doubts (Jan. 20-Feb. 18): News from those at a distance bene\u00b7 tits you emotionally and financially. Detennination helps you vault over any professional obstacles (Feb. 19-March 20): Someone\u00b7s friendly overtures delight you special strategy or bond develops thanks to private talks wish will soon come true. There is strength in numbers! Reach out to people who share your values. The Chess Club will meet tonight at 7 in Room 308 of LaFortune. Contact 234-9648 with any questions or for more information . The. Wrestling Club practices Tuesday, Wednesday, andThursday 7-8:30 in the Wrestling Room in preparation for the Edinborough Open on February 20th. Summer Job Opportunities-Visit the Summer Job Fair on Thursday, January 25, CCE, lower level, between 1 and 4:30 PM. Bring resumes. Pizza is now being served ai the Night Oak for $1.25 a slice every night. Notre Dame student ticket distribution for the 1996 20th Annual Keenan Revue will be Friday, January 26 from 1-3 at Gate 10 of the JACC. Two tickets per and one per person. Tickets are. as always Notre Dame North Beef Pizza Chicken & DumpUngs Cheese Enchlleeda South Veal Parmesan Chicken Pot Pie Vegetable Stir Fry 1. Saint Mary's \u00b7 1 For menu information call 284-4500 Please Recycle the Observer. _,... .. ... .. ~ . l - ~ 1 1 ..__ page 24 Thursday, January 25, 1996 BASKETBAll.. Irish weather Red Storm 66-53 By Sports Writer It is almost to the point now where an Notre Dame's wom- en's basketball game has be- come a cliche. You've heard it many times before: the Irish have difficulties handling the ball in the first half, make ad- justments, and run away with the game in the second half. Last night's 66-53 victory \u00b7-- against St. John's (5-12, 3-6) fit this theme like a glove. Although the Irish handily defeated this squad by 26 points three weeks ago, they knew that they would not be able to let themselves be too confident. The Red Storm had won three of their last five games, including Big East rivals Providence and Seton Hall. Coming out of the gate, it was obvious that the Irish were hav- The Observer/Brent Tadsen Jeannine Augustin's three steals and the team's tough defense helped lead the Irish to their second straight Big East victory ing trouble with the deliberate game plan of the Red Storm. This was most obvious on the offensive side of the ball. As a result of these hardships on of- fense, the Irish turned the ball over 15 times and were behind 25-24 at the half. \"We had no intensity,\" said senior captain Carey Poor. \"We're not used to the slow- down game they played, and it really showed in the first half.\" As usual, coach Muffet McGraw and her staff did a wonderful job of making ad- justments at the half. They rec- ognized the weakness of the Red Storm defense: their inside game. Upon seeing this, she instructed her team to look inside to post players Katryna Gaither and Poor. Gaither helped the Irish surge ahead of St. John's at the outset of the second half, and they never looked back. The Irish opened the half with a 15-6 run that included 10 points by Gaither, who led the Irish with 26 points and seven rebounds. The Red Storm was forced to call a timeout to stop this on- slaught. The timeout, however, proved futile, as Gaither contin- ued her stellar play on the inside. When they played her one- on-one, she either scored a layup or was fouled and went to the line. On the occasions the defense doubled down on her, Katryna, who exploded for 18 points in the second half, passed effectively to her cutting teammates, especially to the opposite post Poor, who fin- ished with six points and nine rebounds. \"They had no answer for Katryna,\" said Poor. \"She couldn't be stopped down low The Observer/Eric Ruethling Senior captain Mike Sprouse and the Irish face their first real test of the season when they battle No. 23 Minnesota today at the Eck Tennis Pavilion. Men's Basketball vs. West Virginia, January 27,7 p.m. Hockey The Observer/Brent Tadsen Senior captain Carey Poor blamed a lack of intensity for the Irish's sluggish start before pulling away from St. John's in the second half. tonight.\" Beth Morgan added 15 points for the Irish, while Meghan Burke led the Red Storm with 11 points. Helping the cause for Notre Dame was the fact that they cut the number of turnovers in half, compiling only eight in the last 20 minutes of the contest. It may not have been the prettiest sight, but once again, the Lady Irish got the job done. With this victory under their belts, the Irish now stand at 13- 4 overall, and 7-1 in the Big East. No. 16 Irish shutout Buckeyes, prepare for Golden Gophers By Sports Writer The Notre Dame Men's tennis team plays its first home match of the season today at 3:30 p.m. in the Eck Tennis Pavilion against Minnesota. The sixteenth-ranked Irish opened up their season on Sunday with a 7-0 shutout at Ohio State. Senior captain and number one singles and doubles player, Mike Sprouse, said that the vic- tory over the Buckeyes was a great way to kick off the season and prepare them for the No. 23 Golden Gophers. \"Ohio State was great start for us,\" Sprouse noted. \"But to- morrow will be a measuring stick of how well we have prepare for the season.\" The Irish have a bit of a history turned rivalry with the Golden Gophers as the last two years they have been defeated by them see page 22 \u2022 Super Bowl coverage Women's Basketball at Miami, January 27, 7 p.m. vs. Army, January 26-27, 7 p.m. see page 18-19 \u2022 'Cuse no match for Hoyas Fencing Notre Dame Meet, Joyce Center January 27-28 Sports Basketball vs. Hope, January 27 2p.m. see page 21 \u2022 Favre wins NFI~s Player of the Year see page 17", "8445_102.pdf": "Past Gatherings About Virtual Gatherings Global Gathering Contact us Register for our upcoming virtual gathering! \u00d7 2/22/25, 5:34 Past Virtual Gatherings \u2014 Common Table Collaborative 1/38 From clergy health experts to pastors leading care in their congregations, come explore our gatherings. Interested in joining our upcoming gatherings? Meeting Adversity with Resilience Briercrest Seminary's Margaret Clarke and Owner of HealingChoice Family Therapy Marcus Tanner explore research on how clergy can bounce back from traumatic experiences. Learn more About Virtual Gatherings Global Gathering Contact us Register for our upcoming virtual gathering! \u00d7 2/22/25, 5:34 Past Virtual Gatherings \u2014 Common Table Collaborative 2/38 Caring for Brokenness The Parsonage Project's Ribbons Harris provides an interactive gathering exploring the role of Christian hospitality in creating scalable models to care for brokenness and heal division. Our ministries suffer when hospitality fails. Based on research conducted at Garrett-Evangelical Theological Seminary, Ribbons shares theological resources and best Meeting Adversity with Resilience Meeting Adversity with Resilience About Virtual Gatherings Global Gathering Contact us Register for our upcoming virtual gathering! \u00d7 2/22/25, 5:34 Past Virtual Gatherings \u2014 Common Table Collaborative 3/38 practices for working with individuals (like retreats) and groups (congregational or judicatory level). Caring for Brokenness Caring for Brokenness About Virtual Gatherings Global Gathering Contact us Register for our upcoming virtual gathering! \u00d7 2/22/25, 5:34 Past Virtual Gatherings \u2014 Common Table Collaborative 4/38 Coping with the Pressures of Ministry The University of Warwick's Leslie Francis and York St John University's Andrew Village discuss how clergy cope with stress and ministry. Why do some ministers experience burnout and others do not? Drawing on research from a diverse cross section of ministry leaders in the and UK, Drs. Francis and Village share the most important factors for helping clergy cope with the pressures of ministry and improve overall well-being. Presentation Slides Online Francis Burnout Inventory (Pilot) About Virtual Gatherings Global Gathering Contact us Register for our upcoming virtual gathering! \u00d7 2/22/25, 5:34 Past Virtual Gatherings \u2014 Common Table Collaborative 5/38 Adverse Childhood Experiences Among Religious Leaders Boston University School of Medicine's Eric Brown explores the relationships between adverse childhood experiences (ACEs), religious coping, and social support among religious leaders. Compared to a national sample, Eric's research finds significantly higher prevalence rates for four forms of adverse childhood experiences: emotional neglect, parental separation or divorce, mental illness in the household, and an incarcerated family member. Higher ACEs predict greater symptoms, but support from one\u2019s congregation can mitigate these effects. We discuss the implications for caring for religious leaders and the congregations they serve. Presentation Slides Coping with the Pressures of Ministry Coping with the Pressures of Ministry About Virtual Gatherings Global Gathering Contact us Register for our upcoming virtual gathering! \u00d7 2/22/25, 5:34 Past Virtual Gatherings \u2014 Common Table Collaborative 6/38 Funding Lessons from High-Net-Worth Donors For more than two decades, Calvin Edwards & Company has provided investment-grade research, guidance, and support for high-net-worth donors. In this seminar, Managing Partner Nathan Staub explores how to work with donors, what to avoid, and the most common mistakes made. In this gathering, we will unpack practical lessons that can be helpful for you in your ministry and in your fundraising for it. Adverse Childhood Experiences Among Religious Leaders Adverse Childhood Experiences Among Religious Leaders About Virtual Gatherings Global Gathering Contact us Register for our upcoming virtual gathering! \u00d7 2/22/25, 5:34 Past Virtual Gatherings \u2014 Common Table Collaborative 7/38 Strategies for Multicultural Ministry Leadership Roundtable\u2019s Peter Denio explores strategies for multicultural ministry. How can pastors and their teams reach out to diverse cultural groups present in the church community? How do they know that they are attending to the pastoral needs of diverse cultures in the best way possible? What should the ultimate goal be in welcoming these communities? How do you achieve unity in diversity among church members from different cultures and ethnicities? These questions are discussed as we explore the nine movements of ecclesial integration for church communities. \u2022 Downloadable resources from the website \u2022 Best Practices for Shared Parishes \u2022 Building Intercultural Competence for Ministry Common Table: Funding Lessons from High-Net-Worth Donors Common Table: Funding Lessons from High-Net-Worth Donors About Virtual Gatherings Global Gathering Contact us Register for our upcoming virtual gathering! \u00d7 2/22/25, 5:34 Past Virtual Gatherings \u2014 Common Table Collaborative 8/38 Preventing Burnout & Promoting Flourishing Among Clergy Boston University School of Theology\u2019s Steven Sandage, Laura Captari, and Kristen Hydinger explore the factors that lead to burnout and promote flourishing among clergy. This presentation reports on a series of studies on burnout, vicarious trauma, and well- being among clergy and chaplains. Research prior to the pandemic showed concerning prevalence rates of trauma symptoms among clergy, however recent data shows even higher rates of trauma and depression in both vocational groups. Presenters also describe an evidence-based framework for the personal and professional formation of clergy and chaplains that addresses these issues through two online program formats (individual, group) currently undergoing a research trial. Strategies for Multicultural Ministry Strategies for Multicultural Ministry About Virtual Gatherings Global Gathering Contact us Register for our upcoming virtual gathering! \u00d7 2/22/25, 5:34 Past Virtual Gatherings \u2014 Common Table Collaborative 9/38 Clergy Self Care: How do we measure it? And how does it relate to overall health? University of Alaska's Nathan West and Appalachian State's Brook Harmon discuss research on clergy self-care. Their multidisciplinary team has examined the faith-leader literature to see how researchers in have defined self-care and examined. They discuss how they reviewed the literature, what they found, and how we can use these findings to continue efforts focused on improving clergy well-being. Preventing Burnout & Promoting Flourishing Among Clergy Preventing Burnout & Promoting Flourishing Among Clergy About Virtual Gatherings Global Gathering Contact us Register for our upcoming virtual gathering! \u00d7 2/22/25, 5:34 Past Virtual Gatherings \u2014 Common Table Collaborative 10/38 \u2022 Presentation Slides (Click Here) \u2022 Clergy Self Care Article (Click Here) \u2022 10 Caritas For Clergy Article (Click Here) National Survey of Religious Leaders\u2019 Clergy Self Care: How do we measure it? And how does it relate to over Clergy Self Care: How do we measure it? And how does it relate to over\u2026 About Virtual Gatherings Global Gathering Contact us Register for our upcoming virtual gathering! \u00d7 2/22/25, 5:34 Past Virtual Gatherings \u2014 Common Table Collaborative 11/38 Duke University\u2019s Mark Chaves and Anna Hollaman discuss findings from the National Survey of Religious Leaders. Pulling from a nationally representative sample of American religious leaders, they discuss clergy health, the main challenges clergy face in their ministry, and how political attitudes and practices influence the dynamic between clergy and congregations. \u2022 Presentation Slides (Click Here Website (Click Here) \u2022 Clergy-Lay Political (mis)alignment Paper (Click Here) \u2022 Clergy Well-Being Paper (Click Here) About Virtual Gatherings Global Gathering Contact us Register for our upcoming virtual gathering! \u00d7 2/22/25, 5:34 Past Virtual Gatherings \u2014 Common Table Collaborative 12/38 Flourishing in Ministry Biola University\u2019s Chris Adams shares about the Flourishing in Ministry Initiative and the four building blocks of well-being: happiness, resilience, self-integrity, and thriving. Flourishing in Ministry examines what motivates ministry leaders to be engaged in ministry and what disrupts them from experiencing well-being in their work. Flourishing happens when ministry is a life-enriching rather than a life-depleting experience. National Survey of Religious Leaders National Survey of Religious Leaders About Virtual Gatherings Global Gathering Contact us Register for our upcoming virtual gathering! \u00d7 2/22/25, 5:34 Past Virtual Gatherings \u2014 Common Table Collaborative 13/38 Creating Dementia Friendly Congregations Although faith communities are centers of social engagement, the impacts of Alzheimer\u2019s disease and other dementias can push those affected away from their faith communities. Fayron Epps of Emory University explores practical tools and resources that clergy and congregations can use to create dementia-friendly congregations. \u2022 Presentation Slides (click here) \u2022 Alter Dementia Website (click here) \u2022 Faith In Action Toolkit (click here) \u2022 Academic Journal Article (click here) Flourishing in Ministry Flourishing in Ministry About Virtual Gatherings Global Gathering Contact us Register for our upcoming virtual gathering! \u00d7 2/22/25, 5:34 Past Virtual Gatherings \u2014 Common Table Collaborative 14/38 Best Practices for Effective Clergy Small Groups Andrea Sielaff of The Seattle School of Theology and Psychology discusses the narrative process group model used in The Center for Transforming Engagement\u2019s Resilient Leaders Project, including the results of a qualitative study aiming to increase the resilience of Christian leaders. \u2022 Presentation Slides (click here) \u2022 White Paper (click here) Creating Dementia Friendly Congregations Creating Dementia Friendly Congregations About Virtual Gatherings Global Gathering Contact us Register for our upcoming virtual gathering! \u00d7 2/22/25, 5:34 Past Virtual Gatherings \u2014 Common Table Collaborative 15/38 Clergy Continuing Education President of (Association of Leaders in Lifelong Learning for Ministry) Helen Blier explores groundbreaking research on the landscape of lifelong learning among theological schools. Helen also serves as the Director of Lifelong Learning at Columbia Theological Seminary. Presentation Slides (click here) Best Practices for Effective Clergy Small Groups Best Practices for Effective Clergy Small Groups About Virtual Gatherings Global Gathering Contact us Register for our upcoming virtual gathering! \u00d7 2/22/25, 5:34 Past Virtual Gatherings \u2014 Common Table Collaborative 16/38 Clergy Continuing Education Clergy Continuing Education About Virtual Gatherings Global Gathering Contact us Register for our upcoming virtual gathering! \u00d7 2/22/25, 5:34 Past Virtual Gatherings \u2014 Common Table Collaborative 17/38 Clergy Self Care Its Critical Importance & The Challenges in Making It a Priority Seeds of Hope Counseling\u2019s Rev. Lindsay Geist, LCSW, explores clergy self-care. As a pastor and clinician working with clergy, Lindsay has found that healthy pastors are less likely to violate ethical boundaries. In a season where clergy are feeling exhausted and overwhelmed, we will discuss some of the key contributing factors in maintaining healthy clergy well-being. Join us to define self-care, learn what common practices clergy are engaging in, and the barriers that keep them from engaging these practices more regularly. About Virtual Gatherings Global Gathering Contact us Register for our upcoming virtual gathering! \u00d7 2/22/25, 5:34 Past Virtual Gatherings \u2014 Common Table Collaborative 18/38 Clergy Work\u2013Family Conflict, Psychological Distress, and Well Being Fuller Seminary's Martin Lee offers an interactive gathering exploring the connections between work-family conflict, psychological distress, and well-being among clergy. We discuss factors that increase risk for clergy depression, anxiety, and burnout as well as practical implications for protecting and promoting clergy mental health useful for clergy care providers. Resources: \u2022 Presentation Slides (Click here) \u2022 Academic Paper on Clergy Work-Family Conflict (Click here) Clergy Self Care Its Critical Importance & The Challenges in Making It a Clergy Self Care Its Critical Importance & The Challenges in Making It a\u2026 About Virtual Gatherings Global Gathering Contact us Register for our upcoming virtual gathering! \u00d7 2/22/25, 5:34 Past Virtual Gatherings \u2014 Common Table Collaborative 19/38 Clergy Resilience: Supportive Resources to Balance Role-Related Stress and Adversity Briercrest Seminary's Margaret Clarke explores the topic of clergy resilience. Dr. Clarke discusses the resources that clergy find helpful and lead to resilience, including spiritual, relational, personal, and organizational practices. Resources: \u2022 Presentation Slides (Click here) Clergy Work\u2013Family Conflict, Psychological Distress, and Well Being Clergy Work\u2013Family Conflict, Psychological Distress, and Well Being About Virtual Gatherings Global Gathering Contact us Register for our upcoming virtual gathering! \u00d7 2/22/25, 5:34 Past Virtual Gatherings \u2014 Common Table Collaborative 20/38 \u2022 Report (Click here) \u2022 Clergy Well-Being Course (Click here) About Virtual Gatherings Global Gathering Contact us Register for our upcoming virtual gathering! \u00d7 2/22/25, 5:34 Past Virtual Gatherings \u2014 Common Table Collaborative 21/38 Faith After the Pandemic: How COVID-19 Changed American Religion Lindsey Witt-Swanson from at the University of Chicago and Daniel Cox from American Enterprise Institute explore the impact of the pandemic on American religious life. Lindsey and Daniel present findings from the 2022 American Religious Benchmark Survey and discuss the pandemic's impact on religious affiliation and attendance, including who left and who stayed. Resources: \u2022 Presentation Slides (Click here) \u2022 Report (Click here) Clergy Resilience: Supportive Resources to Balance Role Related Stres Clergy Resilience: Supportive Resources to Balance Role Related Stres\u2026 About Virtual Gatherings Global Gathering Contact us Register for our upcoming virtual gathering! \u00d7 2/22/25, 5:34 Past Virtual Gatherings \u2014 Common Table Collaborative 22/38 Exploring the Pandemic Impact on Congregations Hartford International University sociologist Dr. Scott Thumma discusses the impact of the pandemic on congregations. Dr. Thumma presents findings from a longitudinal study exploring how congregations responded to the COVID-19 pandemic, the long-term consequences of COVID-19 on congregational life, and what congregational life looks like post-pandemic. Resources: \u2022 Dr. Thumma\u2019s slides (Click here Study Website (Click here) \u2022 Faith & Communities Today Website (Click here) Faith After the Pandemic Faith After the Pandemic About Virtual Gatherings Global Gathering Contact us Register for our upcoming virtual gathering! \u00d7 2/22/25, 5:34 Past Virtual Gatherings \u2014 Common Table Collaborative 23/38 The Church as Frontline Mental Health Provider Duke University sociologist Dr. Anna Holleman and the Executive Director of the H.E. Butt Foundation's Congregational Mental Health Initiatives Rev. Scott Heare offer an interactive webinar discussing the role of the church and its leaders in the delivery of mental health services. Dr. Holleman provides national level analysis on the role of clergy as frontline mental health care workers using recently released data from the National Study of Religious Leaders. Rev. Heare discusses practical mobilization efforts for the church and mental health initiatives. Resources: \u2022 Dr. Anna Holleman's Paper in Psychiatry (Click here) \u2022 H.E. Butt Foundation Faith and Mental Health (Click here) Common Table Conversations: Exploring the Pandemic Impact on Con Common Table Conversations: Exploring the Pandemic Impact on Con\u2026 About Virtual Gatherings Global Gathering Contact us Register for our upcoming virtual gathering! \u00d7 2/22/25, 5:34 Past Virtual Gatherings \u2014 Common Table Collaborative 24/38 \u2022 Hope Made Strong Care Ministry Cohort (Click here) The Future of Religion in America 2023 1 Common Table Conversations: The Church as Frontline Mental 2023 1 Common Table Conversations: The Church as Frontline Mental \u2026 About Virtual Gatherings Global Gathering Contact us Register for our upcoming virtual gathering! \u00d7 2/22/25, 5:34 Past Virtual Gatherings \u2014 Common Table Collaborative 25/38 Since the 1990s, large numbers of Americans have left Christianity to join the growing ranks of U.S. adults who describe their religious identity as atheist, agnostic or \u201cnothing in particular.\u201d This accelerating trend is reshaping the U.S. religious landscape with profound impact on Christian congregations and their leaders. What are these trends and what might religious leaders expect in the coming decades? Alan Cooperman, Director of Religion Research at the Pew Research Center, and Amos Yong, Dean of the School of Theology at Fuller Theological Seminary examine the future of religion in America. To access Pew Religion Research\u2019s full report \u201cModeling the Future of Religion in America,\u201d click here. Common Table Conversations Common Table Conversations\u2026 Quiet Firing: Negatively Impacting the Church Since 30 Whether it's called forced termination, mobbing, psychological bullying, or quiet firing, little has been documented of the short and long term effects for individual clergy, their spouse, family, local congregations, and the church at large. Since the crucifixion of Jesus, clergy and their families have been traumatized. Helping clergy, their families, and local congregations heal from psychological and relational injuries may have a long term, positive impact for the church. Common Table Conversations Common Table Conversations\u2026 About Virtual Gatherings Global Gathering Contact us Register for our upcoming virtual gathering! \u00d7 2/22/25, 5:34 Past Virtual Gatherings \u2014 Common Table Collaborative 26/38 Take advantage of this conversation guide. Let\u2019s Talk Bivocational Ministry: Equipping Bivocational and Multivocational Pastors With attention to bivocational ministry on the rise, we are called to re-examine our existing models of ministry and envision new, sustainable systems of support. This gathering addresses the pressing issues affecting bivocational and multivocational pastors and forms strategies that help create a healthier church and a more intentional ministry. Let\u2019s Talk Bivocational Ministr Let\u2019s Talk Bivocational Ministr\u2026 Forming Religious Leaders: Insights Into Preparing the Next Generation How should we go about training religious leaders? This is a critical question in a time of rapid religious and cultural change. Dive into this topic with a discussion of early results from The Seminary to Early Ministry (SEM) Study, a 10-year study of more than 500 divinity school students. Watch this gathering to understand how seminarians\u2019 health and well-being changes, how career Forming Religious Leaders: In Forming Religious Leaders: In\u2026 About Virtual Gatherings Global Gathering Contact us Register for our upcoming virtual gathering! \u00d7 2/22/25, 5:34 Past Virtual Gatherings \u2014 Common Table Collaborative 27/38 aspirations shift, and how they are anticipating ministering in ideologically diverse congregations. Caring for Clergy: An Exploration of the Field Supporting Pastors The demands of ministry can be overwhelming. Thankfully, many clergy rely on a complex network of individuals and institutions for support. Like Aaron and Hur who lifted the arms of Moses during battle (Ex. 17), these individuals and organizations care for clergy as denominational leaders, funders, pension, benefits, and insurance officers, frontline providers, and continuing educators. Watch our interactive gathering where Thad Austin, Ph.D., and Katie Comeau, Ph.D., unpacked initial findings from their forthcoming book on the state of clergy care in North America. Caring for Clergy: An Explorati Caring for Clergy: An Explorati\u2026 May 2022 \u2014 Enhancing Pastor Spouse Effectiveness and Well-being Many pastors and their spouses face unique challenges because of the nature of pastoral and congregational work. We know that clergy face stress and burnout, but what do we know about clergy spouses? Clergy spouses Enhancing Pastor Spouse Effe Enhancing Pastor Spouse Effe\u2026 About Virtual Gatherings Global Gathering Contact us Register for our upcoming virtual gathering! \u00d7 2/22/25, 5:34 Past Virtual Gatherings \u2014 Common Table Collaborative 28/38 play a pivotal role in helping create a thriving congregation, yet they themselves feel overwhelmed and burned-out. In addition to our gathering, check out these resources shared during our time together. April 2022 \u2014 Becoming a Trauma-Informed Community Many individuals have been exposed to trauma, especially in urban settings and among communities of color. Join us for an interactive gathering providing resources for clergy and congregations on becoming a trauma-informed community. What are the signs of trauma? How can we address the issues of trauma with our communities during a time of polarization, a pandemic, and war? In addition to our gathering, check out these resources shared during our time together. Becoming a Trauma-Informed Becoming a Trauma-Informed \u2026 March 2022 \u2014 Clergy Stress: Complexity and Intervention Possibilities We hear so much about \u201cstress,\u201d which is actually a very complex topic. What do stress components look like for clergy? What stressors might be particularly important to Clergy Stress: Complexity and Clergy Stress: Complexity and \u2026 About Virtual Gatherings Global Gathering Contact us Register for our upcoming virtual gathering! \u00d7 2/22/25, 5:34 Past Virtual Gatherings \u2014 Common Table Collaborative 29/38 address for clergy? In this gathering, we explore these questions and practical strategies to reduce stress symptoms for clergy. Led by Dr. Rae Jean Proeschold-Bell, Dr. David Eagle, and Ms. Logan Tice from the Duke Clergy Health Initiative, we will discuss fresh insights from a stress- reduction program for clergy called \u201cSelah.\u201d February 2022: Measuring and Preventing Pastor Attrition How common is pastor attrition? How are pastors doing in terms of their wellbeing? What support mechanisms exist for pastors today? Our time together will explore insights on each of these questions based on the 2021 study results conducted by Lifeway Research. Highlighting our current global crisis, this study will be compared with LifeWay's benchmark study in 2017 to reveal whether events in the intervening years such as COVID-19 have impacted pastor habits and perceptions. Additionally, engage with our discussion guide to further develop these conversations with your community. Common Table Conversations Common Table Conversations\u2026 About Virtual Gatherings Global Gathering Contact us Register for our upcoming virtual gathering! \u00d7 2/22/25, 5:34 Past Virtual Gatherings \u2014 Common Table Collaborative 30/38 December 2021: The Intersection of Faith & Giving in Pandemic Times The COVID-19 pandemic has radically impacted the landscape of our faith and non-profit communities, including the ways we give. How are our communities adapting these innovative forms of giving and where is there opportunity to bridge the gap? In this session, we discussed the landscape of stewardship ministry and reflect on the importance of approaching giving as a spiritual engagement. Additionally, engage with our discussion guide to further develop these conversations with your community. Common Table Conversations Common Table Conversations\u2026 November 2021: Theological Education and the Future of the Church Graduate theological schools play a vital role in forming and shaping the future leaders of many congregations and denominational structures. What can we learn from these students about the future of ministry? This virtual gathering explores data related to student experiences and discusses its potential impact on the future of clergy well-being Common Table Conversation: Common Table Conversation: \u2026 About Virtual Gatherings Global Gathering Contact us Register for our upcoming virtual gathering! \u00d7 2/22/25, 5:34 Past Virtual Gatherings \u2014 Common Table Collaborative 31/38 October 2021: Building and Sustaining Relationships in the Midst of Polarization Part All congregations experience tensions between groups within their membership. There are some clear guidelines to get through these tensions without avoiding them or increasing them. In fact, it is possible to build relationships while addressing the polarization. Dr. Barry Johnson, a leading expert on addressing polarity issues will guide us through various applications on addressing polarity issues within our communities. Common Table Conversation: Common Table Conversation: \u2026 Common Table Conversations Common Table Conversations\u2026 About Virtual Gatherings Global Gathering Contact us Register for our upcoming virtual gathering! \u00d7 2/22/25, 5:34 Past Virtual Gatherings \u2014 Common Table Collaborative 32/38 September 2021 International Heath Commission The Health Commission of the Church has launched an international movement creating culture change in thirty-nine countries and five continents for clergy and congregational well-being. Listen to the Rev. Dr. Miriam Burnett and Rev. Dr. Natalie Mitchem discuss their efforts in creating a health-centered that is beneficial for all congregations. Common Table Conversation: Common Table Conversation: \u2026 June 2021 - part 1: How we became the Common Table Collaborative Three speakers discuss the origins, intentions, and first year of organized activity for this young effort. June 2021 Part History June 2021 Part History June 2021 - part 2: Finding joy and launching the Caring for Clergy Field Guide members share the joy they find in their work; Rev. Dr. Thad Austin About Virtual Gatherings Global Gathering Contact us Register for our upcoming virtual gathering! \u00d7 2/22/25, 5:34 Past Virtual Gatherings \u2014 Common Table Collaborative 33/38 presents the details on the survey that will lead to the first-ever comprehensive study of those who care for clergy and congregations. June 2021 Part Field Guide June 2021 Part Field Guide \u2026 May 2021: Sabbath in a Digital Age The past year has increased time online and decreased work/life balance. In this digital age, we realize the need for greater attention to Sabbath keeping in light of a culture moving at hyper speed. Three speakers offered current perspectives on this ancient practice: Dr. Sylvia Hart Frejd, co-author of The Digital Invasion; Rob Muthiah, theologian and author of The Sabbath Experiment; and Dave Higle, Director of Education and Clergy Development for The Wesleyan Church. 2021_05 Sabbath in a Digital 2021_05 Sabbath in a Digital \u2026 April 2021: Women in Ministry Despite gains, contemporary clergywomen still experience significant challenges. Recent denominational research points out persistent patterns of gender discrimination and sexual misconduct affecting women priests and pastors within mainline protestant denominations. In light of these concerns, the Flourishing in Ministry Project is currently conducting a longitudinal study 2021_04_08 Common Table 2021_04_08 Common Table C\u2026 About Virtual Gatherings Global Gathering Contact us Register for our upcoming virtual gathering! \u00d7 2/22/25, 5:34 Past Virtual Gatherings \u2014 Common Table Collaborative 34/38 designed to illuminate new clergywomen\u2019s journeys as they transition into their role. Manuela Casti Yeagley spoke about clergywomen\u2019s experiences and challenges. March 2021: New findings from the National Congregations Study For more than two decades, Mark Chaves, Professor of Sociology, Religion and Divinity at Duke University, has directed the National Congregations Study (NCS), a representative survey of congregations in the U.S. The provides one of clearest windows into the forces shaping and reshaping America\u2019s congregations. As the preeminent study of American faith communities, the provides both theoretical and actionable insights on vital issues ranging from worship and programs to staffing, community activities, and finances. February 2021: The Program and Congregational Health Dr. Sara Wilcox, Professor and Director of the Prevention Resource About Virtual Gatherings Global Gathering Contact us Register for our upcoming virtual gathering! \u00d7 2/22/25, 5:34 Past Virtual Gatherings \u2014 Common Table Collaborative 35/38 Center at the University of Souther Carolina, spoke about (Faith, Activity, Nutrition), a free (CDC- funded) program whose goal is to increase physical activity and healthy eating within churches. More than 200 churches have participated so far. December 2020: Why does clergy health matter? Rev. Dr. Thad Austin and Dr. Chris Elisara from the Ormond Center at Duke University, who are preparing to launch a field guide on clergy health and well-being, led an interactive session to consider why this field matters to God, to our institutions, and to our world. November 2020: Clergy health among Black and Latinx pastors Rev. Dr. Melinda Contreras-Byrd, a licensed psychologist, educator, and co-pastor of St. Matthew Church in Philadelphia, spoke about her book, Saving the Lives of Black and Latinx Pastors Self-Care Study. October 2020: Three perspectives on clergy spouses About Virtual Gatherings Global Gathering Contact us Register for our upcoming virtual gathering! \u00d7 2/22/25, 5:34 Past Virtual Gatherings \u2014 Common Table Collaborative 36/38 Three members of the Common Table Collaborative spoke about clergy spouses. Adam Mason is Minister of Counseling Services at Houston\u2019s First Baptist Church; Rev. Dr. AHyun Lee is Assistant Professor of Pastoral Care at Indiana Wesleyan University, a pastor and a clergy spouse; Kathy Heustess is Director of the Center for Wellbeing in the Holston Conference of the UMC, an ordained deacon and a clergy spouse. September 2020: Conflict as spiritual opportunity Might we find that leaning forward into conflicts is the posture of God\u2014 the One who came into the midst of our messiness? What if conflict is the opportunity we need to lean into one another\u2019s lives\u2014to listen, to learn, and to love like Jesus did? Would the world be drawn to a people thus formed, who are \u201cheld together\u201d (Col. 1:17) in an inexplicable way, even when conflicts persist? Rev. Michael Gulker, President of The Colossian Forum, joined us to speak about it. August 2020: Clergy burnout and clergy flourishing Dr. Rae Jean Proeschold-Bell and Dr. David Eagle, researchers with the Duke Clergy Health Initiative, presented their findings from more than a decade studying United Methodist pastors in North Carolina. About Virtual Gatherings Global Gathering Contact us Register for our upcoming virtual gathering! \u00d7 2/22/25, 5:34 Past Virtual Gatherings \u2014 Common Table Collaborative 37/38 Common Table Collaborative Get in touch About Gatherings Caring for Clergy June 2020: Clergy challenges among Covid-19 Three months into the Covid-19 pandemic in North America, Dr. Matt Bloom of the University of Notre Dame joined us for a presentation entitled \u201cForming & Sustaining a Positive Pastoral Identity During Disruptive Times.\u201d May 2020: Trauma- informed care Our first-ever gathering featured Dr. David Wang, a licensed psychologist, pastor, and associate professor of psychology and pastoral counseling at Biola University, speaking about trauma-informed care. About Virtual Gatherings Global Gathering Contact us Register for our upcoming virtual gathering! \u00d7 2/22/25, 5:34 Past Virtual Gatherings \u2014 Common Table Collaborative 38/38", "8445_103.pdf": "1/16 Mark Alan Chaves Department of Sociology 919-660-5783 Duke University, Box 90088 [email protected] Durham 27708-0088 Positions Held 2007- Professor of Sociology, Religious Studies, and Divinity, Duke University 2001-07 Head, Department of Sociology, University of Arizona 1998-07 Associate Professor to Professor, Department of Sociology, University of Arizona 1992-96 Assistant to Associate Professor, Department of Sociology, University of Notre Dame 1990-92 Assistant Professor, Department of Sociology and Anthropology, Loyola University Chicago Education 1991 Ph.D. (Sociology), Harvard University 1988 A.M. (Sociology), Harvard University 1985 M.Div., Harvard Divinity School 1982 A.B., summa cum laude (Philosophy), Dartmouth College Publications Books 2011 Chaves, Mark. American Religion: Contemporary Trends. Princeton University Press. Winner of the 2012 Christianity Today Book Award in the Christianity and Culture category. 2004 _______. Congregations in America. Cambridge, Massachusetts: Harvard University Press. Winner of the 2006 Distinguished Book Award from the American Sociological Association\u2019s Sociology of Religion Section. Winner of the 2006 Outstanding Book Award from the Association for Research on Nonprofit Organizations and Voluntary Action. 1999 Chaves, Mark, and Sharon Miller (eds.). Financing American Religion. Walnut Creek, California: Alta Mira Press (Sage Publications). 2 1997 Chaves, Mark. Ordaining Women: Culture and Conflict in Religious Organizations. Cambridge, Massachusetts: Harvard University Press. Winner of the 1999 Distinguished Book Award from the Society for the Scientific Study of Religion. Articles and Chapters 2016 Voas, David, and Mark Chaves. \u201cIs the United States a Counterexample to the Secularization Thesis?\u201d American Journal of Sociology 121: forthcoming. 2015 Schleifer, Cyrus, and Mark Chaves. \u201cThe Price of the Calling: Evidence from the Current Population Survey.\u201d Journal for the Scientific Study of Religion: forthcoming. 2014 Chaves, Mark, and Shawna Anderson. \u201cChanging American Congregations: Findings from the Third Wave of the National Congregations Study.\u201d Journal for the Scientific Study of Religion 53(4):676-686. 2014 Schleifer, Cyrus, and Mark Chaves. \u201cFamily Formation and Religious Service Attendance: Untangling Marital and Parental Effects.\u201d Sociological Methods & Research 44: forthcoming. Published on line: 27 April 2014. 2013 Chaves, Mark. \u201cPostface: les Communaut\u00e9s Religieuses Am\u00e9ricaines.\u201d Pp. 235- 243 in Christophe Monnot, Croire Ensemble: Analyse Institutionnelle du Paysage Religieux Suisse. Zurich: Seismo, pp. 235-243. 2013 Chaves, Mark. \u201cSerendipity in the Study of Religion and Society.\u201d Pp. 105-115 in Studying Religion and Society, ed. by Titus Hjelm and Phil Zuckerman. Abingdon, UK: Routledge. 2012 Chaves, Mark, and Shawna Anderson. \u201cContinuity and Change in American Religion, 1972-2008.\u201d Pp. 212-239 in Social Trends in the American Life: Findings from the General Social Survey since 1972, ed. by Peter V. Marsden. Princeton: Princeton University Press. 2012 Chaves, Mark. \u201cReligious Congregations.\u201d Pp. 362-393 in The State of Nonprofit America, Second Edition, ed. by Lester Salamon. Washington, DC: Brookings Institution Press. (Substantially revised version of chapter in the 2002 first edition.) 2012 Frenk, Steven M. and Mark Chaves. \u201cProportion of U.S. Congregations that have People Living with HIV.\u201d Journal of Religion and Health: 51:371-380. 3 2011 Frenk, Steven M., Shawna L. Anderson, Mark Chaves, and Nancy Martin. \u201cAssessing the Validity of Key Informant Reports about Congregations\u2019 Social Composition.\u201d Sociology of Religion 72:78-90. 2010 Chaves, Mark. \u201cRain Dances in the Dry Season: Overcoming the Religious Congruence Fallacy.\u201d Journal for the Scientific Study of Religion 49: 1-14. 2010 Chaves, Mark, and Bob Wineburg. \u201cDid the Faith-Based Initiative Change Congregations?\u201d Nonprofit and Voluntary Sector Quarterly 39:343-355. 2009 Chaves, Mark, and Diana Garland. \u201cThe Prevalence of Clergy Sexual Advances toward Adults in their Congregations.\u201d Journal for the Scientific Study of Religion 48: 817-824. 2009 Ellison, Christopher, Neal Krause, Bryan Shepherd, and Mark Chaves. \u201cSize, Conflict, and Opportunities for Interaction: Congregational Size Effects on Members\u2019 Anticipated Support and Negative Interaction.\u201d Journal for the Scientific Study of Religion 48:1-15. 2009 Chaves, Mark. \u201cCongregations\u2019 Significance to American Civic Life.\u201d Pp. 69-81 in The Civic Life of American Religion, ed. by Paul Lichterman and C. Brady Potts. Stanford: Stanford University Press version of this chapter was published as \u201cCongregations\u2019 Significance to American Civic Life.\u201d Pp. 31-43 in Civil Society, Civic Engagement and Catholicism in the United States, ed. by Antonius Liedhegener and Werner Kremp. Trier, Germany: Wissenschaftlicher Verlager Trier, 2007. Another version of this chapter was published as \u201cWhat Do Congregations Do? The Significance of Christian Congregations to American Civic Life.\u201d Word & World 27:295-304, Summer 2007. 2008 Chaves, Mark, and Shawna Anderson. \u201cContinuity and Change in American Congregations: Introducing the Second Wave of the National Congregations Study.\u201d Sociology of Religion 69:415-440. 2008 Anderson, Shawna L., Jessica Hamar Martinez, Catherine Hoegeman, Gary Adler, and Mark Chaves. \u201cDearly Departed: How Often Do Congregations Close?\u201d Journal for the Scientific Study of Religion 47:321-328. 2007 Presser, Stanley, and Mark Chaves. \u201cIs Religious Service Attendance Declining?\u201d Journal for the Scientific Study of Religion 46:417-423. 2006 Chaves, Mark. \u201cAll Creatures Great and Small: Megachurches in Context.\u201d Review of Religious Research 47:329-346. 4 Reprinted in Sociology of Religion Reader, Second Edition, ed. by Susanne Monahan, William Mirola, and Michael Emerson, Pearson Education, 2010. Reprinted in Understanding Society: An Introductory Reader, Fifth Edition, ed. by Margaret L. Anderson, Kim A. Logio, and Howard F. Taylor, Cengage Learning, 2014. 2005 Barman, Emily and Mark Chaves. \u201cStrategy and Restructure in the United Church of Christ.\u201d Pp. 466-492 in Church, Identity, and Change: Theology and Denominational Structures in Unsettled Times, edited by David A. Roozen and James R. Nieman. Grand Rapids, MI: William B. Eerdmans Publishing Co. 2004 Chaves, Mark, Laura Stephens, and Joseph Galaskiewicz. \u201cDoes Government Funding Suppress Nonprofits\u2019 Political Activities?\u201d American Sociological Review 69:292-316. Winner of the 2005 Best Article Award from the Academy of Management\u2019s Public and Nonprofit Division. 2004 Chaves, Mark, and John Sutton. \u201cOrganizational Consolidation in American Protestant Denominations, 1890-1990.\u201d Journal for the Scientific Study of Religion 43:51-66. 2004 Sutton, John, and Mark Chaves. \u201cExplaining Schism in American Protestant Denominations, 1890-1990.\u201d Journal for the Scientific Study of Religion 43:171- 190. 2004 Wilcox, W. Bradford, Mark Chaves, and David Franz. \u201cFocused on the Family? Religious Traditions, Family Discourse, and Pastoral Practice.\u201d Journal for the Scientific Study of Religion 43:491-504. 2003 Beyerlein, Kraig, and Mark Chaves. \u201cThe Political Activities of Religious Congregations in the United States.\u201d Journal for the Scientific Study of Religion 42:229-246. 2003 Chaves, Mark, and Laura Stephens. \u201cChurch Attendance in the United States.\u201d Pp. 85-95 in Handbook of the Sociology of Religion, edited by Michele Dillon. New York: Cambridge University Press. 2002 Chaves, Mark. \u201cReligious Congregations.\u201d Pp. 275-298 in The State of America\u2019s Nonprofit Sector, edited by Lester Salamon. Washington, DC: Brookings Institution Press. 2002 _______. \u201cReligious Organizations: Data Resources and Research Opportunities.\u201d American Behavioral Scientist 45:1523-1549. 2002 _______. \u201cAbiding Faith.\u201d Contexts 1 (No. 2, Summer 2002):19-26. 5 Reprinted in The Contexts Reader, ed. by Jeff Goodwin and James M. Jasper, New York: W. W. Norton, 2007, and again in The Contexts Reader, 2nd edition, ed. By Douglas Hartmann and Christopher Uggen, New York: W.W. Norton, 2012. Reprinted in Sociological Odyssey, 3rd Edition, ed. by Peter Adler and Patti Adler, Florence, KY: Wadsworth Publishing, 2010. 2002 _______. \u201cThe Women that Publish the Tidings: The International Association of Women Ministers.\u201d Pp. 257-275 in Women in Twentieth Century Protestantism, edited by Margaret Lamberts Bendroth and Virginia Lieson Brereton. Champaign-Urbana: University of Illinois Press. 2002 Chaves, Mark, Helen Giesel, and William Tsitsos. \u201cReligious Variations in Public Presence: Evidence from the National Congregations Study.\u201d Pp. 108-128 in The Quiet Hand of God: Faith Based Activism and the Public Role of Mainline Protestantism, edited by Robert Wuthnow and John H. Evans. Berkeley: University of California Press. 2001 Chaves, Mark and Philip S. Gorski. \u201cReligious Pluralism and Religious Participation.\u201d Annual Review of Sociology 27:261-281. Reprinted in Secularization, ed. by Bryan S. Turner, Sage Publications, 2010. 2001 Chaves, Mark, and William Tsitsos. \u201cCongregations and Social Services: What They Do, How They Do It, and With Whom.\u201d Nonprofit and Voluntary Sector Quarterly 30:660-683. Winner of the 2002 Award for Outstanding Article in the Nonprofit and Voluntary Sector Quarterly from the Association for Research on Nonprofit Organizations and Voluntary Action. 2001 Foley, Michael W., John D. McCarthy, and Mark Chaves. \u201cSocial Capital, Religious Institutions, and Poor Communities.\u201d Pp. 215-245 in Social Capital and Poor Communities, edited by Susan Saegert, J. Phillip Thompson, and Mark Warren. New York: Russell Sage Foundation Press. Reprinted in: The Community Development Reader, ed. by James DeFilippis and Susan Saegert. New York: Routledge, 2008. 2001 Chaves, Mark. \u201cTesting the Assumptions: Who Provides Social Services?\u201d Pp. 287-296 in Sacred Places, Civic Purposes, edited by E. J. Dionne Jr. and Ming Hsu. Chen. Washington, DC: Brookings Institution Press. 2001 Barman, Emily and Mark Chaves. \u201cLessons for Multi-Site Nonprofits from the United Church of Christ.\u201d Nonprofit Management & Leadership 11:339-352. 6 2000 Konieczny, Mary Ellen and Mark Chaves. \u201cResources, Race, and Female-Headed Congregations in the United States.\u201d Journal for the Scientific Study of Religion 39:261-271. 2000 Chaves, Mark and William Tsitsos. \u201cAre Congregations Constrained by Government? Empirical Results from the National Congregations Study.\u201d Journal of Church and State 42:335-344. 1999 Chaves, Mark. \u201cReligious Congregations and Welfare Reform: Who Will Take Advantage of 'Charitable Choice'?\u201d American Sociological Review 64:836-846. 1999 Chaves, Mark, Mary Ellen Konieczny, Kraig Beyerlein, and Emily Barman. \u201cThe National Congregations Study: Background, Methods, and Selected Results.\u201d Journal for the Scientific Study of Religion 38:458-476. 1999 Chaves, Mark. \u201cFinancing American Religion.\u201d Pp. 169-188 in Financing American Religion, edited by Mark Chaves and Sharon L. Miller. Walnut Creek, CA: Alta Mira Press (Sage Publications). 1998 _______. \u201cThe Religious Ethic and the Spirit of Nonprofit Entrepreneurship.\u201d Pp. 47-65 in Private Action and the Public Good, edited by Walter W. Powell and Elisabeth Clemens. Yale University Press. 1998 Hadaway, C. Kirk, Penny Marler, and Mark Chaves. \u201cOver-reporting Church Attendance in America: Evidence that Demands the Same Verdict.\u201d American Sociological Review 63:122-130. 1997 Chaves, Mark. \u201cSecularization Luhmannian Reflection.\u201d Soziale Systeme 3:437-448. 1997 Chaves, Mark, and James Cavendish. \u201cRecent Changes in Women\u2019s Ordination Conflicts: The Effect of a Social Movement on Intraorganizational Controversy.\u201d Journal for the Scientific Study of Religion 36:574-584. 1997 Chaves, Mark. \u201cThe Symbolic Significance of Women's Ordination.\u201d The Journal of Religion 77:87-114. 1996 Chaves, Mark, and James Montgomery. \u201cRationality and the Framing of Religious Choices.\u201d Journal for the Scientific Study of Religion 35:128-144. 1996 Chaves, Mark. \u201cOrdaining Women: The Diffusion of an Organizational Innovation.\u201d The American Journal of Sociology 101:840-73. 1995 Kniss, Fred, and Mark Chaves. \u201cAnalyzing Intradenominational Conflict: New Directions.\u201d Journal for the Scientific Study of Religion 34:172-185. 7 1995 Chaves, Mark. \u201cOn the Rational Choice Approach to Religion.\u201d Journal for the Scientific Study of Religion 34:98-104. 1994 Chaves, Mark, and James Cavendish. \u201cMore Evidence on U.S. Catholic Church Attendance.\u201d Journal for the Scientific Study of Religion 33:382-387. 1994 Chaves, Mark, Peter J. Schraeder, and Mario Sprindys. \u201cState Regulation of Religion and Muslim Religious Vitality in the Industrialized West.\u201d Journal of Politics 56:1087-1097. 1994 Chaves, Mark. \u201cSecularization as Declining Religious Authority.\u201d Social Forces 72:749-774. Reprinted in Secularization, ed. by Bryan S. Turner, Sage Publications, 2010. 1993 Hadaway, C. Kirk, Penny Long Marler, and Mark Chaves. \u201cWhat the Polls Don't Show Closer Look at U.S. Church Attendance.\u201d American Sociological Review 58:741-752. Reprinted in Mapping the Social Landscape: Readings in Sociology, 2nd Edition, edited by Susan J. Ferguson, Mayfield Publishing Co, 1999. Reprinted in Investigating the Social World, 6th Edition, edited by Russell K. Schutt, Pine Forest Press, 2010. Reprinted in Secularization, edited by Bryan S. Turner, Sage Publications, 2010. 1993 Chaves, Mark. \u201cIntraorganizational Power and Internal Secularization within Protestant Denominations.\u201d American Journal of Sociology 99(1):1-48. Winner of the 1991 Robert J. McNamara Student Paper Award from the Association for the Sociology of Religion. 1993 _______. \u201cDenominations as Dual Structures: An Organizational Analysis.\u201d Sociology of Religion 54(2):147-169. Reprinted in Demerath, N.J., Peter Dobkin Hall, Terry Schmitt, and Rhys Williams, (eds.). 1998. Sacred Companies: Organizational Aspects of Religion and Religious Aspects of Organizations. New York: Oxford University Press. 1992 Chaves, Mark, and Lynn M. Higgins. \u201cComparing the Community Involvement of Black and White Congregations.\u201d Journal for the Scientific Study of Religion 31(4):425-440. 1992 Chaves, Mark, and David E. Cann. \u201cReply to Boudon and Tong.\u201d Rationality and Society: 4(4):476-480. 8 1992 _______. \u201cRegulation, Pluralism, and Religious Market Structure: Explaining Religion's Vitality.\u201d Rationality and Society 4(3):272-290. 1991 Chaves, Mark. \u201cFamily Structure and Protestant Church Attendance: The Sociological Basis of Cohort and Age Effects.\u201d Journal for the Scientific Study of Religion 30(4):501-514. 1991 _______. \u201cSegmentation in a Religious Labor Market.\u201d Sociological Analysis 52(2):143-158. 1991 _______. \u201cThe Changing Career Tracks of Elite Disciples Professionals.\u201d Pp. 343-358 in Case Study of Mainstream Protestantism: The Disciples' Relation to American Culture, 1880-1989, edited by Newell Williams. Grand Rapids, Michigan: William B. Eerdmans Publishing Company. 1990 _______. \u201cHolding the Center: Reply to Hout and Greeley.\u201d Journal for the Scientific Study of Religion 29(4):525-530. 1989 _______. \u201cSecularization and Religious Revival: Evidence from U.S. Church Attendance Rates, 1972-1986.\u201d Journal for the Scientific Study of Religion 28(4):464-477. Winner of the 1988 Student Paper Award from the Society for the Scientific Study of Religion. 1988 _______. \u201cIn the Meantime . . . (Response to Ploch).\u201d Sociological Analysis 49(3):304-305. \u201cPopular\u201d Essays/Policy Briefs/Reports/Working Papers 2015 Chaves, Mark, and Alison Eagle. Religious Congregations in 21st Century America Report from the National Congregations Study. Durham: Department of Sociology, Duke University. Available at 2011 Chaves, Mark. \u201cThe Decline of American Religion Guiding Paper Series, State College, PA: The Association of Religion Data Archives at The Pennsylvania State University, 2011 _______. \u201cReligious Trends in America.\u201d Social Work & Christianity 38:119- 132. 2010 _______. \u201cThanks, But No Thanks: Congregations Say No to the Faith-Based Initiative.\u201d Christian Century, June 1, pp. 22-24. 2009-10 _______. Twenty-seven short research reports about religion in the United States published in Faith and Leadership, an online magazine produced by Duke Divinity School: 9 2009 \u201cFaith Futures: An Interview with Mark Chaves.\u201d Reflections (Yale Divinity School magazine), v. 96, No. 2, pp. 15-19. 2009 Chaves, Mark, Shawna Anderson, and Jason Byassee. American Congregations at the Beginning of the 21st Century Report from the National Congregations Study. Durham: Department of Sociology, Duke University. Available at 2009 Chaves, Mark. \u201cCongregational Snapshot: Four Church Trends.\u201d Christian Century, April 7, pp. 28-31. 2006 _______. \u201cSupersized: Analyzing the Trend Toward Larger Churches.\u201d Christian Century, November 28, pp. 20-25. 2006 _______. Response to Graham Reside\u2019s Review of Congregations in America. Conversations in Religion & Theology 4(1):59-64. 2005 _______. \u201cMoral Teachings and Religious Sensibilities.\u201d Society 42 (May/June 2005):20-22. 2003 _______. \u201cDebunking Charitable Choice: The Evidence Doesn\u2019t Support the Political Left or Right.\u201d Stanford Social Innovation Review, Vol. 1, No. 2 (Summer 2003):28-36. 2003 _______. \u201cReligious Authority in the Modern World.\u201d Society 40 (March/April):38-40. 2002 _______. \u201cFinancing American Religion.\u201d Pp. 41-54 in Taking Fundraising Seriously: The Spirit of Faith and Philanthropy, edited by Dwight F. Burlingame, Number 35 in New Directions for Philanthropic Fundraising. San Francisco: Jossey-Bass. 2001 _______. \u201cGoing on Faith: Six Myths about Faith-Based Initiatives.\u201d Christian Century, September 12-19, 2001:20-23. 2001 _______. \u201cAssessing the Assumptions Behind the Charitable Choice Initiative.\u201d Written testimony prepared for Faith-Based Solutions: What are the Legal Issues? Hearing before the Commmittee on the Judiciary on Title of S. 304, the \u201cDrug Abuse Education, Prevention, and Treatment Act of 2001.\u201d United States Senate, One Hundred Seventh Congress, First Session, June 6, 2001. 2001 _______. \u201cChallenges for the 21st Century.\u201d The Journal of the Interim Ministry Network, 2001 Annual Review. December, 2001, pp. 27-39. 10 2001 _______. \u201cReligious Congregations and Welfare Reform: Assessing the Potential.\u201d Pp. 121-139 in Can Charitable Choice Work? Covering Religion's Impact on Urban Affairs and Social Services, edited by Andrew Walsh. Hartford, CT: The Leonard E. Greenberg Center for the Study of Religion in Public Life, Trinity College. 2001 _______. \u201cFaith-Based Fallacies: Bush's Initiative Overlooks the Realities of Church Charity in America.\u201d Pittsburgh Post-Gazette, February 22, P. A-15. 2001 _______. \u201cWelfare Reform and Religious Congregations: Rhetoric and Reality.\u201d Society 38 (January/February):21-27. 1999 _______. \u201cCongregations' Social Service Activities.\u201d No. 6 in Charting Civil Society, a series of policy briefs by Center on Nonprofits and Philanthropy, The Urban Institute, Washington, DC. 1999 _______. How Do We Worship Report from the National Congregations Study. Washington, DC: Alban Institute Press. 1988 _______. \u201cSecular Ties of Elite Religious Professionals from 1912-1982.\u201d No. 3, Working Paper Series. Center for Research on Politics and Social Organization. Harvard University, Dept. of Sociology. Book Reviews 2007 Review of God\u2019s Potters: Pastoral Leadership and the Shaping of Congregations, by Jackson W. Carroll. Journal for the Scientific Study of Religion 46:136-137. 2001 Review of The Newer Deal: Social Work and Religion in Partnership, by Ram A. Cnaan, with Robert J. Wineburg and Stephanie C. Boddie. Sociology of Religion 62:132-133. 2000 Review of Bowling Alone: The Collapse and Revival of American Community, by Robert D. Putnam. Christian Century, July 19-26, 2000:754-756. 1999 Review of American Evangelicalism: Embattled and Thriving, by Christian Smith, with others. Christian Century, February 24, 1999:227-229. 1998 Review of One Nation, After All. What Middle-Class Americans Really Think About: God, Country, Family, Racism, Welfare, Immigration, Homosexuality, Work, The Right, The Left, and Each Other, by Alan Wolfe. Religion & Values in Public Life 7:1-2. 1998 Review of Feminization of the Clergy in America: Occupational and Organizational Perspectives, by Paula Nesbitt. Contemporary Sociology 27:485- 486. 11 1998 Review of The Catholic Philanthropic Tradition in America, by Mary J. Oates, and The Catholic Ethic in American Society: An Exploration of Values, by John E. Tropman. Nonprofit and Voluntary Sector Quarterly 27:95-98. 1997 Review of Resurgent Evangelicalism in the United States: Mapping Cultural Change Since 1970, by Mark A. Shibley. American Journal of Sociology 103:468-470. 1997 Review of Religious Institutions and Women\u2019s Leadership: New Roles Inside the Mainstream, edited by Catherine Wessinger. Journal of Religion 77:623-624. 1997 Review of Jews on the Move: Implications for Jewish Identity, by Sidney Goldstein and Alice Goldstein. Contemporary Sociology 26:69-70. 1995 Review of The Social Control of Religious Zeal Study of Organizational Contradictions, by Jon Miller. Sociological Inquiry 65:418-20. 1995 Review of Public Religions in the Modern World, by Jose Casanova. Social Forces 73:1188-1189. 1994 Review of Full Pews and Empty Altars: Demographics of the Priest Shortage in United States Catholic Dioceses, by Richard A. Schoenherr and Lawrence A. Young. Contemporary Sociology 23:724-725. 1994 Review of Beyond Establishment: Protestant Identity in a Post-Protestant Age, edited by Jackson Carroll and Wade Clark Roof. Contemporary Sociology 23:438-439. 1993 Review of The Protestant Presence in Twentieth-Century America: Religion and Political Culture, by Phillip E. Hammond. The Sociology of Religion Quarterly Review 54(3):328-29. 1993 Review of Upon This Rock: The Miracles of a Black Church, by Samuel G. Freedman. Harvard Divinity School Bulletin 22(3):16-17. 1993 Review of When Time Shall Be No More: Prophecy Belief in Modern American Culture, by Paul Boyer. Contemporary Sociology 22(5):657. 1993 Review of The Resilience of Christianity in the Modern World, by Joseph B. Tamney. Journal for the Scientific Study of Religion 32(1):90-92. 1992 Review of Modern American Religion (v. 2): The Noise of Conflict, 1919-1941, by Martin E. Marty. Sociological Analysis 53(1):107-108 1990 Review of Returning to Tradition: The Contemporary Revival of Orthodox Judaism, by M. Herbert Danzger. Sociological Analysis 51(1):114-115. 1989 Review of Research Methods for Elite Studies, edited by George Moyser and Margaret Wagstaffe. Qualitative Sociology 12:420-422. 12 Selected Recent Keynote/Plenary Addresses, Invited Lectures, Conference Participation 2016 \u201cThe National Congregations Study (USA): Methodology and Findings.\u201d Invited Lecture. Congregational Studies Worldwide, an international conference at Evangelische Akademie Frankfurt / Main, Sozialwissenschaftliches Institut der (Protestant Academy at Frankfurt/Main, Institute of Social Sciences of the Evangelical Church in Germany), March 22. 2015 \u201cReligion.\u201d Invited presentation in a special session on \u201cAging and Cohort Replacement as Engines of Social Change in Institutions.\u201d Annual Meetings of the American Sociological Association, Chicago, August 25. 2015 \u201cContinuity and Change in American Religion.\u201d The Third Annual Bracke Lecture. Eden Seminary and John C. Danforth Center for Religion and Politics at Washington University, St. Louis, February 13. 2015 \u201cContinuity and Change in American Religion\u201d Invited Lecture. Triangle- Alamance United Church of Christ Clergy Group, Hillsborough, NC, February 5. 2014 \u201cContinuity and Change in American Religion.\u201d Invited Lecture. Board of General Superintendents, Church of the Nazarene, Philadelphia, August 27. 2014 \u201cContinuity and Change in American Religion.\u201d Invited Lecture. Winter Retreat, The Congregation at Duke Chapel, Durham, February 8. 2013 \u201cWhat Have We Learned from the Pew Survey of American Jews?\u201d Invited Panelist. Beth El Synagogue, Durham, December 7. 2013 \u201cContinuity and Change in American Religion.\u201d Invited Lecture. Encore: Program for Lifelong Enrichment, North Carolina State University, Raleigh, April 15. 2013 \u201cThe Triangle Clergy Compensation Study: Preliminary Results and Interpretations.\u201d Invited Lecture. Conference on Economic Challenges Facing Indiana Pastors, Indianapolis, April 9. 2013 \u201cContinuity and Change in American Religion.\u201d Plenary Lecture. Chief Academic Officers Society Conference, The Association of Theological Schools, San Antonio, March 21. 2013 \u201cContinuity and Change in American Religion.\u201d Invited Lecture. Community Relations Council of Durham/Chapel Hill Jewish Federation Annual Ministers Conference, Durham, March 8. 2012 \u201cThe Sociology of Clergy Compensation.\u201d Invited Lecture. Triangle-Alamance United Church of Christ Clergy Group, Hillsborough, NC, December. 13 2012 \u201cContinuity and Change in American Religion\u201d and \u201cWhy Megachurches?\u201d Invited Lectures, Assemblies of God Theological Seminary, Springfield, MO, November. 2012 \u201cReligion in the United States.\u201d Invited Presentation on a digital video conference broadcast at the United States Consulate in Jerusalem, organized by the Consulate and the U.S. Department of State\u2019s Bureau of International Information Programs, September. 2012 \u201cContinuity and Change in American Religion.\u201d Invited Lecture, Religion and Politics Colloquium, Yale University, New Haven, September. 2012 \u201cContinuity and Change in American Religion.\u201d Keynote Address, Eighth Annual Ministry Conference, University of Chicago Divinity School, Chicago, April. 2012 \u201cContinuity and Change in American Religion.\u201d Invited Lecture, Glencoe Union Church, Glencoe, IL, April. 2011 \u201cTrends in American Religion.\u201d Plenary Address, Annual Convention of the Episcopal Diocese of Maryland, Baltimore, May. 2010 \u201cReligious Trends in America.\u201d Alan Keith-Lucas Plenary Lecture, annual meetings of the North American Association of Christians in Social Work, Durham, NC, November. 2010 Commentator on Robert Putnam\u2019s Tanner Lecture on religious diversity and tolerance in the United States, Princeton University, Princeton, NJ, October. 2010 \u201cReligious Change in America.\u201d Invited Presentation, Workshop on Comparative Perspectives on Religion and Society in the United States and the United Kingdom, Crewe, England, June. 2010 \u201cDid the Faith-Based Initiative Change Congregations?\u201d Invited Presentation, Faith Based and Neighborhood Partnerships in the Obama Era: Assessing the First Year and Looking Ahead, Brookings Institution, Washington, DC, February. 2010 \u201cContinuity and Change in American Religion.\u201d Invited Lecture, United Church of Chapel Hill, Chapel Hill, NC, January. 2009 \u201cContinuity and Change in American Religion.\u201d Invited Lecture to celebrate the 10th anniversary of the Observatoire des Religions en Suisse, Universit\u00e9 de Lausanne, Lausanne, Switzerland, December. 2009 \u201cRain Dances in the Dry Season: Overcoming the Religious Congruence Fallacy.\u201d Presidential Address. Society for the Scientific Study of Religion, Denver, October. 14 2009 \u201cContinuity and Change in American Religion.\u201d Invited Lecture. International Symposium of Practical Theology, Graduate School of Practical Theology, Ichun, South Korea, May. 2009 \u201cReligious and Congregational Trends.\u201d Invited Lectures. Center for Congregations, Munster and Ft. Wayne, Indiana, April. 2009 \u201cContinuity and Change in American Religion.\u201d Invited Lecture. Wilson Center for Leadership in the Public Interest, Hampden-Sydney College, Hampden- Sydney, VA, March. 2009 \u201cContinuity and Change in American Religion.\u201d Invited Lecture. Triangle- Alamance United Church of Christ Clergy Group, Hillsborough, NC, March. 2007 \u201cContinuity and Change in American Religion.\u201d Invited Lecture. United Methodist Episcopal Leadership Forum, Duke University, Durham, December. 2007 \u201cContinuity and Change in American Religion.\u201d Plenary Lecture. Presidential Leadership Intensive Week, Association of Theological Schools, Santa Fe, December. 2007 \u201cWhy Megachurches?\u201d Invited Inaugural Lecture, William Form and Joan Huber Symposium Series, Department of Sociology, Ohio State University, Columbus, November. 2007 \u201cPreliminary Results from the Second Wave of the National Congregations Study.\u201d Plenary Lecture, Annual Meeting of the Association of Statisticians of American Religious Bodies, Salt Lake City, October. 2007 \u201cContinuity and Change in American Religion.\u201d Invited Lecture, Cabinet of the Evangelical Lutheran Church in America, Chicago, September. Grants and Honors Research Grants 2013-15 Research grant ($350,000), Lilly Endowment, for analysis and dissemination of data and results from the and the Clergy Compensation Project. 2012-13 Research grant ($25,000), Louisville Institute, to support the NCS-III. 2011-13 Research grant ($850,000), Lilly Endowment, \u201cThird Wave of the National Congregations Study (NCS-III).\u201d 2011-12 Research contract ($106,855), Pew Forum on Religion & Public Life, \u201cHispanic Oversample in the NCS-III.\u201d 2011-12 Research grant ($15,000), Center for the Study of Religion and American Culture at Indiana University-Purdue University Indianapolis to support the NCS-III. 2011-12 Research contract ($10,000 Corporation, to support the NCS-III. 2011-12 Research grant ($10,000), Church Music Institute, to support the NCS-III. 2010-12 Research grant ($600,000), Lilly Endowment, \u201cCongregational Decision Making about Clergy Compensation.\u201d 15 2010 Planning grant ($49,999), Lilly Endowment, to develop a research project on the clergy compensation decision-making process. 2009-11 Co with Mark Wilhelm on a grant ($350,000) from the Templeton Foundation to add religion items to the 2011 Panel Study of Income Dynamics, \u201cDynamics of Religious Behavior and Generosity.\u201d 2007-10 Co with Joerg Stolz on a research grant (399,000 Swiss Francs) from the Swiss National Science Foundation to launch a Swiss National Congregations Study, \u201cCongregations in Switzerland and the Quantitative and Comparative Study.\u201d 2006-09 Research grant ($200,000), Lilly Endowment, for analysis and dissemination of data and results. 2005-07 Research grant ($850,000), Lilly Endowment, \u201cWave of the National Congregations Study.\u201d 2005 Research grant ($100,000), Kellogg Foundation, to support the NCS-II. 2005 Research grant ($50,000), Louisville Institute, to support the NCS-II. 2005 Research grant ($104,963), National Science Foundation, \u201cNational Congregations Study: Creating a Wave Sample.\u201d 2004-05 Research grant ($45,000), Louisville Institute, \u201cThe Size Distribution of American Churches.\u201d 1999-03 Research grant ($249,443), Lilly Endowment, for analysis and dissemination of data and results. 1999-00 Research grant ($10,000), Aspen Institute, for analysis and dissemination of data and results. 1997-99 Research grant ($449,880), Lilly Endowment, \u201cNational Congregations Study.\u201d 1998 Research grant ($100,000), Smith Richardson Foundation, to support the NCS. 1997-98 Research grant ($11,000), Aspen Institute\u2019s Nonprofit Sector Research Fund, to support the NCS. 1997-98 Research grant ($22,000), Louisville Institute, to support the NCS. 1997-98 Primary author of proposal resulting in a grant ($156,000) from the Lilly Endowment to the National Opinion Research Center to fund a religion module on the 1998 General Social Survey. 1996-97 Grant ($272,556), Lilly Endowment, to evaluate the Endowment\u2019s Initiative on the Financing of American Religion. 1995-96 Planning grant ($32,600) from the Lilly Endowment to study the Financing of American Religion. 1993-95 Research grant ($50,000), Louisville Institute, \u201cConflicts over Women's Ordination in U.S. Religious Denominations.\u201d Honors 2012 Book Award (for American Religion) from the national magazine, Christianity Today, in the Christianity and Culture category. 2006 Outstanding Book Award (for Congregations in America) from the Association for Research on Nonprofit Organizations and Voluntary Action (ARNOVA). 2006 Distinguished Book Award (for Congregations in America) from the American Sociological Association\u2019s Sociology of Religion Section 2006 Chair, American Sociological Association\u2019s Sociology of Religion Section. 16 2005 Best Article Award from Academy of Management, Public and Nonprofit Division, for \u201cDoes Government Funding Suppress Nonprofits\u2019 Political Activity?\u201d (co-authored with Laura Stephens and Joseph Galaskiewicz). 2005 Elected to membership in the Sociological Research Association. 2002 Award for Outstanding Article in the Nonprofit and Voluntary Sector Quarterly from the Association for Research on Nonprofit Organizations and Voluntary Action for \u201cCongregations and Social Services: What They Do, How They Do It, and With Whom\u201d (co-authored with William Tsitsos). 1999 Distinguished Book Award (for Ordaining Women) from the Society for the Scientific Study of Religion. 1992 Young Faculty Fellowship, Project on Governance of Nonprofit Organizations, Indiana University Center on Philanthropy. 1991 Robert J. McNamara Student Paper Award from the Association for the Sociology of Religion for \u201cInternal Secularization: Declining Religious Control of Protestant Denominational Organization.\u201d 1988 Student Paper Award from the Society for the Scientific Study of Religion for \u201cSecularization and Religious Revival: Evidence from U.S. Church Attendance Rates, 1972-1986.\u201d 1986 Certificate of Distinction in Teaching, Harvard University. 1982-85 Alfred K. Priest Fellowship for Graduate Studies, Dartmouth College. 1982 Francis W. Gramlich Philosophy Prize, Dartmouth College. 1982 Phi Beta Kappa, Dartmouth College. Selected Professional Experience 2014-15 Chair, Search Committee, Society for the Scientific Study of Religion Executive Officer Search. 2012 Member of Social Sciences Review Panel, National Endowment for the Humanities 2004-11 Member and Chair (2008-11), Board of Overseers, General Social Survey 2008-10 President-elect, President, and past-President, Society for the Scientific Study of Religion 2003- Editorial Board, Journal for the Scientific Study of Religion 2007-08 Chair, Max Weber Award Committee, American Sociological Association\u2019s Organizations, Occupations, and Work Section 2006-07 Chair, American Sociological Association\u2019s Sociology of Religion Section 2005-07 Council Member, Society for the Scientific Study of Religion 2004-06 Editorial Board, Contexts 2002-04 Board of Directors, Association for Research on Nonprofit Organizations and Voluntary Action 2001-03 Editorial Board, American Sociological Review 2001 Nominating Committee, Religious Research Association 2001 Nominating Committee, Association for the Sociology of Religion 2001 Program Chair, 2001 Annual Meetings, Society for the Scientific Study of Religion 1999-02 Associate Scholar, Center on Nonprofits and Philanthropy, Urban Institute. 1999-02 Advisory Board, Social Problems 1999-00 Editorial Board, Contemporary Sociology 1997-99 Board of Directors, Religious Research Association. 17 1997-98 Research Associate, National Opinion Research Center, University of Chicago. 1997-98 Religion Module Subcommittee, 1998 General Social Survey. 1995 Founding Member, Council, American Sociological Association Section on the Sociology of Religion. 1993-95 Consulting Editor, American Journal of Sociology. Courses taught: Introduction to Sociology, Principles of Sociological Research, Introduction to Quantitative Methods, Advanced Research Methods (graduate), Designing Social Research (graduate), Research Practicum (graduate), Sociology of Religion (undergrad lecture course and graduate seminar), Advanced Topics in the Sociology of Religion (graduate), Religion and Social Movements (graduate), Social Organization of American Religion (graduate).", "8445_104.pdf": "Copyright 2023 by Sebastian Richardson Printed in U.S.A. Vol. 118, No. 2 533 Sebastian Richardson ABSTRACT\u2014This Note argues that clergypersons who offer religious guidance are fiduciaries in some limited circumstances and therefore liable for sexual contact that occurs between them and congregants. This Note will argue that clergypersons are most properly deemed fiduciaries through a fact-based definitional approach. As such, this Note departs from previous arguments that clergypersons are fiduciaries because they provide services analogous to secular counselors. Prospective fiduciary relationships involving clergy should be analyzed using a distinct conceptual account of fiduciary relationships rather than an analogical analysis based on apparent similarities between a clergyperson and other fiduciaries. Such an approach is preferable to the argument by analogy because it can better explain why clergypersons who offer no formal mental health counseling, but only religious guidance, are nevertheless fiduciaries. AUTHOR\u2014J.D. Candidate, 2024, Northwestern Pritzker School of Law; M.A., 2018, Mount Angel Seminary; B.A., 2016, Portland State University am grateful to Professor Cliff Zimmerman for his guidance while researching and writing this Note am indebted to the Northwestern University Law Review Notes team for providing essential feedback would also like to thank my wife Kristi for her endless love and support. Lastly thank God for all his gifts 534 ............................................................................................................. 534 ...................................... 539 A. Why Fiduciary Duties? ............................................................................... 539 B. Identification of Fiduciary Relationships and the Duty of Loyalty ............. 544 ........................................ 548 A. The \u201cNo Fiduciary Duty\u201d Approach .......................................................... 549 B. The \u201cTwo Hats\u201d Approach ......................................................................... 551 C. The Counseling Approach ........................................................................... 553 D. The \u201cSomething More\u201d Approach .............................................................. 555 ............................................................................................................. 556 A. Applying the Fact-Based Definitional Approach ........................................ 560 B. Objections and Responses ........................................................................... 565 ................................................................................................................ 567 \u201cBeware of false prophets, who come to you in sheep\u2019s clothing but inwardly are ravenous wolves. You will know them by their fruits.\u201d \u2014Matthew 7:15\u201316 Consider the following scenario1: Jane is a student attending a small liberal arts college. It is the first time she has lived away from her family, and she has been feeling lonely, insecure, and anxious. Unsure where to turn, Jane seeks guidance at the campus ministry center, where she meets a young, charismatic priest2 who offers her spiritual direction.3 Jane, a devout Christian, decides this would be better than visiting a secular counselor, so Jane and the priest begin meeting regularly. In these meetings, Jane shares \u2020 Matthew 7:15\u201316. 1 This scenario is based on recent allegations made by an adult student against a Catholic priest at Steubenville University and those made by a former nun against the internationally renowned Jesuit-artist Father Marko Runpik. See Christine Rousselle Priest Allegation Shows Challenge to Resolve \u2018Boundary\u2019 Cases (May 6, 2022, 5:35 PM), shows-difficulty/ [ Diane Montagna, \u2018Descent into Hell\u2019: An Alleged Rupnik Victim Speaks Out (Dec. 19, 2022, 3:06 PM), into-hell-an-alleged-rupnik-victim-speaks-out [ have also based the example on the cases that are discussed below. 2 For this scenario have chosen to use a priest. Throughout the rest of the paper will use the terms \u201cpastor\u201d and \u201cclergyperson\u201d interchangeably. By these terms mean any religious leader of any faith tradition in whom authority, influence, or expertise in religious matters are vested use the gender neutral \u201cclergypersons.\u201d Although the offender is typically a man, this is not to say that there are not abusive female religious leaders as well. 3 Spiritual direction is a type of religious guidance focused on deepening and nourishing the spiritual life of another. In some traditions, this can involve regular meetings, discussing important life decisions, obedience in certain matters, and the confession of sins. It is usually done in private, one-on-one settings. 118:533 (2023) Clergy Sexual Abuse and Fiduciary Duties 535 her intimate feelings, discloses traumatic experiences from her past, and confesses her sins. The priest suggests ways she can improve her prayer life and grow closer to God. The priest claims that prayer and spiritual exercises will help improve her relationships and allow her to better deal with her trauma. Jane begins to feel very close to the priest and starts to see him as a mentor and friend. One day, during a spiritual direction session, the priest makes a sexual advance to Jane. She recoils and the priest apologizes, telling her that he has strong romantic feelings for her and mistakenly believed she felt the same. He assures her it will not happen again. Jane accepts the apology and continues spiritual direction, not wanting to lose him as a friend and confidant. However, a few weeks later, the priest again tries to initiate sexual contact. Jane, confused and vulnerable, does not resist, and they have sex. Afterwards, Jane is racked with guilt and feels terrible for having an \u201caffair\u201d with her priest. Despite this, she continues to see him for spiritual direction. Their sexual relationship also continues. The priest assures Jane that sex is an appropriate expression of God\u2019s love and that God approves of their sexual activity. Despite these assurances, Jane begins suffering from even more severe emotional distress. Only when she starts seeing a professional therapist does she realize how abusive and inappropriate the priest\u2019s conduct is. Jane\u2019s experience is not uncommon. An estimated 3.1% of adult women who regularly attend religious services have been the object of sexual advances by a religious leader.4 Adult victims of clergy sex abuse suffer serious psychological and relational harms that can require years of therapy to overcome.5 However, accusations made by adult victims are often met with skepticism from fellow congregants and governing church bodies, which can cause further harm.6 Furthermore, the institutions where the abuse takes place seldom acknowledge the problem and are slow to respond 4 Mark Chaves & Diana Garland, The Prevalence of Clergy Sexual Advances Toward Adults in Their Congregations, 48 817, 820 (2009). 5 See Stephen Edward de Weger, Unchaste Celibates: Clergy Sexual Misconduct Against Adults\u2014 Expressions, Definitions, and Harms, 13 393, 407 (2022); Diana Garland, Don\u2019t Call It an Affair: Understanding and Preventing Clergy Sexual Misconduct with Adults, in 118, 127 (Claire M. Renzetti & Sandra Yocum eds., 2013); Katherine van Wormer & Lois Berns, The Impact of Priest Sexual Abuse: Female Survivors\u2019 Narratives, 19 53, 53 (2004). 6 See Stephen Edward de Weger, Insincerity, Secrecy, Neutralisation, Harm: Reporting Clergy Sexual Misconduct Against Adults Survivor-Based Analysis, 13 309, 329 (2022); Garland, supra note 5, at 127 536 to it.7 When victims do come forward, abusers sometimes hide behind the pretext of consensual sexual activity and call their abuse \u201caffairs\u201d or \u201cboundary violations.\u201d8 Even if deemed credible, adult victims of clergy sexual abuse have had mixed success when seeking legal redress. Although thirteen states impose criminal liability on clergypersons who have sex with patients in psychotherapy contexts,9 abusers often escape both criminal and civil liability due to the ambiguities in their roles and the religious nature of the relationships.10 Adult victims who attempt to hold their abusers or their abusers\u2019 employers accountable in tort have trouble finding viable causes of action. Because intentional torts are inadequate and there is no tort of \u201cclergy 7 See Garland, supra note 5, at 127 (\u201cCongregational and denominational bodies have been slow to respond to reports of clergy sexual abuse, often blaming the victims and being more concerned about taking self-protective stances to avoid legal or moral responsibility . . . . [C]ongregations often discredit and blame the offended.\u201d). Only in 2021 did the Catholic Church\u2014still dealing with the fallout of its child sex abuse scandals\u2014make the sexual abuse of vulnerable adults a canonical crime. This move was likely done in response to the revelations that the former Archbishop of Washington, Theodore E. McCarrick, had abused adult seminarians. Jason Horowitz, Pope Widens Church Law to Target Sexual Abuse of Adults by Priests and Laity (June 1, 2021), 06/01/world/europe/vatican-priests-sexual-abuse.html [ For more on abuse of adults in the Catholic context and criticisms of the idea of \u201cvulnerable\u201d victims, see Stephen E. de Weger & Jodi Death, Clergy Sexual Misconduct Against Adults in the Roman Catholic Church: The Misuse of Professional and Spiritual Power in the Sexual Abuse of Adults, 30 227, 246 (2017), which concludes that, in cases of clergy sexual misconduct against adults, both \u201cpower and vulnerability are intrinsic to the perpetration of sexual misconduct.\u201d Abusive and inappropriate sexual relationships between clergy and adult congregants transcend denominational boundaries and occur in various faith traditions. For example, in one survey conducted among clergy within the Church of England, 24% of respondents reported engaging in conduct they felt was sexually inappropriate, and 67% reported knowing a colleague who had. Thaddeus Birchard, Clergy Sexual Misconduct: Frequency and Causation, 15 127, 135 (2000). 8 See, e.g., Rousselle, supra note 1 (\u201c[The accused priest] acknowledged a \u2018boundary violation\u2019 . . . .\u201d); Lawsuit Alleges Serial Assault by Franciscan (July 7, 2022, 7:00 AM), [ (reporting on an accused priest\u2019s claims that the sexual contact between him and a spiritual directee was consensual). 9 Bradley Toben & Kris Helge, Clergyperson Sexual Misconduct with Congregants or Parishioners: Past Attempts to Impose Civil and Criminal Liabilities and a Proposed Criminal Law to Increase the Likelihood of Criminal Punishment of Perpetrators, in ABUSE, supra note 5, at 144, 147; see, e.g ANN. \u00a7 76-5-406(2)(l) (defining sexual acts as nonconsensual when \u201cthe actor is a health professional or religious counselor, the act is committed under the guise of providing professional diagnosis, counseling, or treatment, and at the time of the act the victim reasonably believed that the act was for medically or professionally appropriate diagnosis, counseling, or treatment to the extent that resistance by the victim could not reasonably be expected to have been manifested\u201d); WIS. STAT. ANN. \u00a7 940.22(1)(i), (2) (classifying sexual contact between a therapist and a patient as a felony and defining therapist as including a \u201cmember of the clergy or other person, whether or not licensed or certified by the state, who performs or purports to perform psychotherapy\u201d). 10 See Toben & Helge, supra note 9, at 150\u201352 (outlining the various legal impediments to civil and criminal actions against abusive clergypersons). 118:533 (2023) Clergy Sexual Abuse and Fiduciary Duties 537 malpractice,\u201d many victims have tried to rely on breach of fiduciary duty claims to seek damages from their abusers. They argue that clergypersons\u2014 as professionals similar to therapists, doctors, or lawyers\u2014owe them duties of care and loyalty, making any sexual activity that occurs a civil wrong. However, courts disagree about whether such claims are permissible under the First Amendment\u2019s Free Exercise and Establishment Clauses given the religious significance of these relationships. Some courts are skeptical that absent formal licensing as a mental health professional a clergyperson can qualify as a fiduciary. Professors Zanita E. Fenton and Janice D. Villiers have both argued that clergypersons can be fiduciaries when they engage in behavior analogous to other fiduciaries. They contend that clergypersons who offer pastoral counseling should be deemed fiduciaries and, therefore, can be held liable for inappropriate sexual contact with counselees. 11 They have argued that the First Amendment\u2019s Free Exercise Clause should not shield pastoral counselors who are affiliated with religious organizations or occupy religious roles from liability for tortious sexual misconduct.12 Both Professors Fenton and Villiers argue that since clergy provide quasi- counseling services which are sufficiently analogous to secular mental health services, the imposition of fiduciary duties can pass constitutional muster.13 This Note departs from Professors Fenton\u2019s and Villiers\u2019s arguments by analogy, while agreeing with its conclusion that clergypersons who offer religious guidance are fiduciaries in some limited circumstances. Rather, this Note argues that clergypersons are most properly deemed fiduciaries through a fact-based definitional approach. Courts should evaluate prospective fiduciary relationships involving clergy by employing a distinct conceptual definition of fiduciary relationships rather than by analyzing these relationships based on apparent similarities between a clergyperson and mental health counselors. This definitional approach is preferable to the analogical approach for three reasons. First, it does not obscure the important differences between mental health treatment and religious guidance. Second, it avoids making the issue of liability depend entirely on whether a judge or jury agrees with the controversial premise that a clergyperson is like a mental health counselor. Third, it better explains why clergypersons who offer no formal mental 11 Zanita E. Fenton, Faith in Justice: Fiduciaries, Malpractice & Sexual Abuse by Clergy, 8 & L. 45, 88\u201391 (2001); Janice D. Villiers, Clergy Malpractice Revisited: Liability for Sexual Misconduct in the Counseling Relationship, 74 DENV. U. L. REV. 1, 37\u201363 (1996). 12 Fenton, supra note 11, at 81; Villiers, supra note 11, at 56\u201357. 13 Fenton, supra note 11, at 89; Villiers, supra note 11, at 64 538 health counseling, but only religious guidance14 (as in the above scenario), are nevertheless fiduciaries. Thus, it does not allow abusive clergypersons to exploit ambiguities between secular mental health services and religious guidance to avoid liability.15 This Note will be divided into three Parts. Part explains the difficulties that adult victims have had in identifying a cause of action for clergy sexual misconduct and why a breach of fiduciary duty is a viable and attractive claim. Part also discusses the nature of fiduciary relationships, how they are identified, and their unique characteristics. Part outlines four different approaches U.S. courts have adopted when adjudicating breach of fiduciary duty claims against clergypersons. Part argues that clergypersons who only provide religious guidance can be deemed fiduciaries in some limited circumstances and that a fact-based definitional method is the most effective way to analyze these relationships. This Note concludes by addressing potential objections and offers preliminary responses. Although similar accusations of sexual abuse have been made against Buddhist leaders,16 Imams,17 Rabbis,18 and even practitioners of Chinese folk religion,19 this Note will largely focus on the Christian context. The scope is limited to this context for two reasons: First, the vast majority of religiously affiliated Americans identify as Christian.20 Second, most of the cases discussed herein involve Christian-affiliated clergy. 14 will use \u201creligious guidance\u201d to mean those relationships whereby the advice, guidance, or direction is offered on matters that are primarily, if not exclusively, spiritual or religious. As mentioned above, it is not often clear what courts or commentators mean by \u201cpastoral counseling will tentatively suggest it is a more formal type of guidance where a clergyperson treats or discusses mental health or relationship issues with a focus on biblical or spiritual methods or ends. 15 For an example of an unsuccessful attempt to take advantage of these blurred distinctions, see Sheikh v. Doe, No. 05-19-01329-CV, 2021 2947663, at 3 (Tex. App. June 30, 2021), where the court stated: \u201cThe evidence in the record is legally and factually sufficient to show that Sheikh provided mental health services, including counseling, to Doe, and Doe was his patient . . . . In making this determination, we reject Sheikh\u2019s argument that he provided Doe with only religious guidance.\u201d 16 See, e.g., Andy Newman, The \u2018King\u2019 of Shambhala Buddhism Is Undone by Abuse Report (July 11, 2018), misconduct.html [ 17 See, e.g., Matt Apuzzo, Sexual Abuse Allegations Against Imam Stir Rifts in Insular Illinois Community (Feb. 14, 2015), against-illinois-imam-highlights-a-communitys-divisions.html [ 18 See, e.g., Jerusalem Rabbi Charged with Raping Followers, Claiming It Would Cleanse Their Sins ISR. (June 6, 2022, 7:03 PM), followers-claiming-it-would-cleanse-their-sins/ [ 19 See, e.g., Jianlin Chen, Lying About God (and Love?) to Get Laid: The Case Study of Criminalizing Sex Under Religious False Pretense in Hong Kong, 51 L.J. 553, 570 (2018). 20 Gregory A. Smith, About Three-in-Ten U.S. Adults Are Now Religiously Unaffiliated RSCH. CTR. (Dec. 14, 2021), 118:533 (2023) Clergy Sexual Abuse and Fiduciary Duties 539 In the Christian New Testament, Saint Paul of Tarsus outlines the qualifications befitting someone aspiring to serve the early Christian communities.21 They must be \u201cabove reproach . . . temperate, sensible, respectable, hospitable . . . not violent but gentle, [and] not quarrelsome.\u201d22 Elsewhere, Saint Paul writes that \u201cit is required of stewards that they be found trustworthy.\u201d23 To trust another person is to risk the possibility that such trust might be betrayed.24 betrayal of trust can cause serious economic, psychological, and emotional harms. In some business and financial contexts, a betrayal of trust is legally actionable. However, such legal recourse is not always available to adult victims of clergy sexual abuse. Abusive clergypersons routinely prey upon the trust engendered by their institutional authority, their theological expertise, and the religious faith of and confidence of their congregants. However, courts are divided about whether such a betrayal amounts to a civil wrong. This Part will briefly explore the limitations courts have imposed on civil actions brought by adult victims against sexually abusive clergypersons. First, it details the inadequacies of various causes of actions and why victims now rely on breach of fiduciary duty claims. Second, this Part provides the necessary background on fiduciary law to set up Part II\u2019s discussion of different judicial approaches to breach of fiduciary claims against clergypersons. A. Why Fiduciary Duties? Adult victims of clergy sexual abuse often have difficulty finding a viable cause of action that can increase the likelihood of recovery while also avoiding \u201cexcessive entanglement\u201d with the free exercise of religion.25 are-now-religiously-unaffiliated/ [ (\u201cSelf-identified Christians . . . make up 63% of the adult population.\u201d). 21 See 1 Timothy 3:1\u20134. 22 Id. 23 1 Corinthians 4:1\u20132 (emphasis added). 24 See Annette Baier, Trust and Antitrust, 96 231, 234\u201335 (1986). According to some philosophers, trust is differentiated from other moral psychological attitudes like reliance by the fact that it can be betrayed. See Johnny Brennan, Recognition Trust, 178 PHIL. STUD. 3799, 3801 (2021). 25 The idea of \u201cexcessive entanglement\u201d is primarily associated with the three-prong test from Lemon v. Kurtzman, 403 U.S. 602, 612\u201313 (1971). Recently, the Supreme Court overruled Lemon\u2019s endorsement test. See Kennedy v. Bremerton Sch. Dist., 142 S. Ct. 2407, 2427\u201328 (2022) (\u201cIn place of Lemon and the endorsement test, this Court has instructed that the Establishment Clause must be interpreted by \u2018reference to historical practices and understands.\u2019\u201d (emphasis added) (citations omitted)). However, the Court was 540 Courts are more responsive to First Amendment defenses in lawsuits brought by adults than those involving child victims of clergy abuse.26 The reason for this is twofold. First, since both victim and abuser are above the age of consent, there is an appearance of legal propriety. And second, the fact that someone happens to be a member of the clergy does not make the sexual activity inherently suspect, even if that person is supposed to be celibate. To treat clergypersons differently solely on account of their clergy status implicates numerous First Amendment concerns.27 Sexual abuse of adults by clergy occupies an uncomfortable middle position: it is not usually criminalized by statutes, as is the case when a minor is involved\u2014and clergy are not subject to the same professional regulation as, for example, lawyers or doctors. So, while few would disagree that sex between a doctor and his or her patient\u2014or a lawyer and his or her client\u2014 is inappropriate and exposes the professional to civil and even criminal liability, the situation with clergy is more nuanced. Unlike lawyers and doctors, there are no regulatory boards of clergypersons nor standardized requirements to occupy pastoral roles\u2014rather, there are extremely diverse and conflicting views between denominations and faith traditions about the role and responsibilities a faith-leader should occupy vis-\u00e0-vis his or her flock. silent as to Lemon\u2019s entanglement test. This Note uses the language of \u201centanglement\u201d as this is the language used in the cases discussed in Part fuller discussion of Kennedy\u2019s effect (if any) on the application of fiduciary duties to clergypersons would go beyond the scope of this Note. With that said, it seems doubtful that Kennedy could be read to support the types of interventions courts are hesitant to make in the cases discussed in Part II. In this sense, the idea of entanglement seems alive in spirit even if dead in letter. For more on \u201centanglement\u201d and its history, see Stephanie H. Barclay, Untangling Entanglement, 97 WASH. U. L. REV. 1701 (2020). 26 Sexual contact between an adult clergyperson and a minor is criminal per se, and therefore, there are few First Amendment arguments available for defendants in this context. In these cases, courts are not asked to interpret religious doctrine, or evaluate the religious beliefs of the minor. See 93 (2014). 27 See, e.g., McDaniel v. Paty, 435 U.S. 618, 643 n. (1978) (Stewart, J., concurring) (holding that a state statute barring clergy from public office on account of their status as clergy violates the First Amendment because it \u201cpenalized an individual for his religious status\u201d). 118:533 (2023) Clergy Sexual Abuse and Fiduciary Duties 541 Other than in cases of well-established and respected secular professions such as medicine,28 law,29 psychotherapy,30 and teaching,31 there are few professions in which noncriminal consensual sex is given a second glance. Even though we all might agree that it is certainly creepy that a fitness instructor may use his position to obtain dates and have sex with those he coaches, few would say he should be liable in tort solely on that account. Whether one thinks that clergypersons should be civilly liable for having inappropriate sexual relationships likely depends on whether one sees such figures closer to the predatory lawyer or the creepy fitness instructor.32 Some have argued that clergypersons do belong in the same category as other professionals and, therefore, should be liable for malpractice when they engage in inappropriate sexual activity with congregants.33 However, courts have consistently rejected any clergy-specific standard of care and have universally rejected the tort of clergy malpractice. The seminal case involving an allegation of clergy malpractice is Nally v. Grace Community Church.34 In that case, the plaintiff was not an adult victim of sexual abuse, but the family of a twenty-four-year-old who had committed suicide.35 The parents of the deceased filed a wrongful death action against their son\u2019s church and its pastors, alleging clergy malpractice for \u201cnegligence and outrageous conduct in failing to prevent the suicide.\u201d36 The court concluded that determining a standard of care for clergy operating in their capacity as pastoral counselors\u2014who are otherwise not licensed to provide mental 28 \u00a7 9.1.1 2016) (\u201cRomantic or sexual interactions between physicians and patients that occur concurrently with the patient physician relationship are unethical.\u201d). 29 r. 1.8(j 2020 lawyer shall not have sexual relations with a client unless a consensual sexual relationship existed between them when the client- lawyer relationship commenced.\u201d). 30 \u00a7 10.05 2003), [ (\u201cPsychologists do not engage in sexual intimacies with current therapy clients/patients.\u201d). 31 princ. III(A)(8 2023), mcee_2nd_edition_july_2023.d.pdf [ (\u201cThe professional educator respects the rights and dignity of all students by . . . [a]cknowledging there are no circumstances that allow for educators to engage in romantic or sexual relationships with students.\u201d). 32 thank Kenni Zellner for this example. 33 See, e.g., Emily C. Short, Note, Torts: Praying for the Parish or Preying on the Parish? Clergy Sexual Misconduct and the Tort of Clergy Malpractice, 57 OKLA. L. REV. 183, 224 (2004) (\u201c[T]he tort of clergy malpractice would establish a standardized method of recovery.\u201d). Malpractice is a type of negligence \u201con the part of a professional.\u201d Malpractice (11th ed. 2019). 34 763 P.2d 948 (Cal. 1988), cert. denied, 490 U.S. 1007 (1989). 35 Id. at 949. 36 Id 542 health services\u2014would \u201cquite possibly\u201d be unconstitutional.37 The court attributed the impracticability of imposing a duty of care on pastoral counselors on \u201cdiffering theological views espoused by the myriad of religions in [the] state.\u201d38 Furthermore, the court found that \u201c[s]uch a duty would necessarily be intertwined with the religious philosophy of the particular denomination.\u201d39 No state court has since departed from the reasoning of Nally and accepted clergy malpractice as a viable cause of action.40 Courts agree that defining such a standard could \u201cembroil courts in establishing the training, skill, and standards applicable for members of the clergy in a diversity of religions with widely varying beliefs,\u201d a constitutionally impermissible practice under the First Amendment\u2019s Free Exercise Clause.41 Absent a clergy-specific cause of action, other adult victims tend to seek redress on other tort theories that do not require any inquiry into the religious foundations of the relationship. For instance, sexual abuse by clergy often meets the elements of battery\u2014intentional harmful or offensive contact with another person\u2014because sexual misconduct usually involves some form of nonconsensual touching.42 In these cases, the religious status of the clergyperson is irrelevant; all that matters is that there was intentional and offensive contact.43 However, the appearance of the plaintiff\u2019s consent to 37 Id. at 955\u201356, 960. According to trial testimony, the church only offered spiritual and biblical counseling, and did not hold themselves out as professional, medical, or psychiatric counselors. The court also noted that the state legislature exempted clergy from licensing requirements applicable to marriage, family, child, and domestic counselors and from the statutes regulating psychologists. Based on this, the court concluded that \u201cthe Legislature has recognized that access to the clergy for counseling should be free from state-imposed counseling standards, and that \u2018the secular state is not equipped to ascertain the competence of counseling when performed by those affiliated with religious organizations.\u2019\u201d Id. at 959\u201360 (quoting Samuel E. Ericsson, Clergyman Malpractice: Ramifications of a New Theory, 16 VAL. U. L. REV. 163, 176 (1981)). 38 Id. at 960. 39 Id. 40 See & CHALMERS, supra note 26, at 99\u2013100; see also Dausch v. Rykse, 52 F.3d 1425, 1432 (7th Cir. 1994) (Ripple, J., concurring in part and dissenting in part) (\u201cIndeed, a cause of action for clergy malpractice has been rejected uniformly by the states that have considered it.\u201d). 41 F.G. v. MacDonell, 696 A.2d 697, 703 (N.J. 1997); accord Strock v. Pressnell, 527 N.E.2d 1235, 1239 (Ohio 1988) (\u201c[I]f a legal duty is imposed on clergy to perform or not to perform in a particular way, will this clash with the religious beliefs of some faiths and thus violate the Free Exercise Clause of the First Amendment to the United States Constitution?\u201d). 42 See \u00a7 13 (AM. L. INST. 1965). 43 This is an easier case to make if sexual contact has in fact occurred and the victim did not consent to the contact. Furthermore, this cause of action avoids any First Amendment issues because the court is not expected to interpret or consider the religious beliefs or practices of either party, or interpret religious doctrines, as sexual touching is rarely an expression of religious practice. 118:533 (2023) Clergy Sexual Abuse and Fiduciary Duties 543 sexual activity often complicates the allegation of battery.44 Courts presumptively consider sexual activity as facially consensual due to the age of the victim and absent some understanding that consent was compromised; it may not always be seen as a result of intentional manipulation, grooming, or force. Abusers, although aware that their behavior may be morally wrong, may not even be conscious that it is legally wrong. Both abuser and victim often subjectively frame the conduct as a \u201cboundary violation\u201d or \u201caffair.\u201d45 Courts rarely accept other tort claims, such as negligent and intentional infliction of emotional distress, given the difficulty posed by the religious context.46 Whether sexual contact between a clergyperson and parishioner is \u201coutrageous\u201d will largely depend on one\u2019s views about what constitutes appropriate conduct between a clergyperson and his parishioners and the religious nature of the relationship.47 The results of these inquiries can lead to dismissal by courts.48 Consequently, pleading breaches of fiduciary duties against abusive clergypersons as an alternative route to recovery has become an attractive option to victims. Breach of fiduciary duty claims involve fact-intensive inquiries that can help lead to recovery and allow victims to bring the harm they experienced to light. Additionally, as Professor Villiers notes, there are many aspects of the clergy relationship that imbue it with similar risks found in comparable secular relationships associated with fiduciary duties: the power imbalance, the vulnerability of the congregants, and the dependence that can be created.49 This makes it a viable cause of action for those who 44 Another issue is that intentional torts limit vicarious liability as employers are not usually liable for the intentional torts of employees. Although there have been exceptions in the context of clergy sexual abuse of minors, this is not a common approach. For more on vicarious liability for the intentional conduct of clergy, see Patrick Hornbeck, Respondeat Superior Vicarious Liability for Clergy Sexual Abuse: Four Approaches, 68 BUFF. L. REV. 975, 978 (2020), which outlines four approaches to vicarious liability in the context of clergy sexual abuse and advocates for the adoption of the so-called \u201cclose connection\u201d test. 45 Such language is often adopted by abusers and even the victims themselves. See Rousselle, supra note 1; Margaret Kennedy, Sexual Abuse of Women by Priests and Ministers to Whom They Go for Pastoral Care and Support, 11 226, 228 (2003). 46 See Short, supra note 33, at 183, 193\u201394. 47 Additionally, it is not always clear that the behavior of the clergyperson is motivated by an intent to cause such emotional distress. Id. 48 See, e.g., Schieffer v. Cath. Archdiocese, 508 N.W.2d 907, 910\u201311 (Neb. 1993) (\u201cThere are several reasons why the plaintiff\u2019s alleged claim for intentional infliction of emotional distress was subject to demurrer. What is involved in this case is conduct between consenting adults. There is no allegation that the defendant used force or fraud to accomplish his sexual relations with the plaintiff . . . .\u201d). 49 Villiers, supra note 11, at 43. Professor Tamar Frankel also notes that there are clear religious and moral roots to fiduciary duties. The notion of one acting as a selfless steward for the benefit of others has clear religious overtones that remain salient in Abrahamic societies 89\u201390 (2011 544 were abused by clergy in intimate pastoral settings. Furthermore, since this cause of action is not based on determining a professional standard but depends solely on a situational and interpersonal inquiry into the nature of the relationship, it can avoid the First Amendment issues that plague the claims of clergy malpractice. Before discussing how courts have addressed these fiduciary duty claims, the Note will outline features of fiduciary relationships generally, how they are identified, and the aspects of these relationships that make them distinct from other legal relationships. B. Identification of Fiduciary Relationships and the Duty of Loyalty breach of fiduciary duty claim requires establishing the existence of a fiduciary relationship and a breach of the attaching fiduciary duties, namely the duties of care and loyalty.50 In cases involving clergy sexual abuse of adults, the main issue is determining whether a fiduciary relationship existed between the parties. This subsection will briefly explore the ways courts find fiduciary relationships and the unique nature of fiduciary duties, namely the duty of loyalty. Fiduciary relationships exist in a variety of personal, professional, service, and commercial contexts.51 The traditional fiduciary relationships include the following: trustee\u2013beneficiary, agent\u2013principal, partner\u2013partner, director\u2013corporation, attorney\u2013client, and physician\u2013patient.52 However, as Professor Tamar Frankel notes, the principles underlying fiduciary law are ancient and elements exist in the Hebrew Bible, the New Testament, and Roman law.53 Although only specific personal and professional relationships were historically treated as fiduciaries, the formal designation of a person as a fiduciary is not the exclusive measure of whether that person is in fact a fiduciary.54 Moreover, \u201c[t]he process of recognizing new fiduciary relationships is ongoing\u201d given its fact-sensitive basis.55 50 Paul B. Miller, The Identification of Fiduciary Relationships, in 366, 368 (Evan J. Criddle, Paul B. Miller & Robert H. Sitkoff eds., 2019) (\u201cFiduciary duties are premised on the formation of a recognized fiduciary relationship.\u201d). But see James Edelman, When Do Fiduciary Duties Arise?, 126 Q. REV. 302, 302 (2010) (disagreeing with Miller\u2019s analytical framework and instead proposing the priority of duties over relationships). 51 Miller, supra note 50, at 367. 52 FRANKEL, supra note 49, at 42. 53 See id. at 83\u201392. For an example of fiduciary logic in the New Testament, see Luke 16:12, which asks: \u201cAnd if you have not been faithful with what belongs to another, who will give you what is your own?\u201d 54 Ruiz v. Cont\u2019l Cas. Co., 400 F.3d 986, 990 (7th Cir. 2005). 55 FRANKEL, supra note 49, at 53. 118:533 (2023) Clergy Sexual Abuse and Fiduciary Duties 545 Courts tend to find fiduciary relationships either based on the status of one of the parties or through a fact-based, ad hoc inquiry.56 In the first instance, status-based fiduciary relationships depend on some form of authoritative declaration that a relationship is a fiduciary relationship, be it either a legislative or judicial declaration.57 Commonly recognized fiduciaries by status include agents, trustees, directors, and professionals like lawyers and doctors.58 Because these statuses are widely recognized as fiduciaries, the inquiry largely focuses on whether the alleged tortfeasor did in fact occupy such a status. In the second instance, factual circumstances of the relationship may establish a fiduciary relationship.59 Under this fact-based approach, a commonly recognized fiduciary status is not required to qualify as a fiduciary relationship.60 The fact-based approach introduces more complexity into the analysis.61 This is because there are two separate factual analyses: analogical or definitional.62 Analogical reasoning aims to \u201cidentify common characteristics\u201d between a recognized fiduciary relationship and the one under scrutiny.63 It focuses on similarities and does articulate the nature of fiduciary relationships in general terms.64 As Professor Paul B. Miller notes, the focus here is on likeness.65 This method of analysis suffers from numerous limitations because it works with \u201cindistinct impressions\u201d of fiduciary relationships and often reflects and extends legal convention.66 56 Daniel B. Kelly, Fiduciary Principles in Fact-Based Fiduciary Relationships, in LAW, supra note 50, at 2, 3. 57 Miller, supra note 50, at 371. 58 Id. 59 Id. at 373. 60 See Burdett v. Miller, 957 F.2d 1375, 1381 (7th Cir. 1992) (\u201c[F]iduciary duties are sometimes imposed on an ad hoc basis.\u201d). This distinction is a bit confusing; after all, a lawyer could be seen as a status-based fiduciary, but to determine whether or not she owed someone fiduciary duties will depend on factual determinations about her relationship with another person. The point here is that not all fiduciary duties derive from a person\u2019s professional status. Instead, the status depends on the circumstances and context of a relationship. For example, a broker or financial advisor is not always a categorical fiduciary relationship, but courts are sometimes willing to find that a fiduciary relationship exists between financial advisors and those they advise. Compare this to a lawyer and her client. In these cases, a professional relationship creates a fiduciary relationship. The reason for this distinction lies in the more general difference between rules and standards. That a lawyer is a fiduciary is a rule, and that sometimes a financial advisor is a fiduciary is based on a standard. 61 Miller, supra note 50, at 373. 62 See id. at 375\u201380. 63 Id. at 375 (emphasis omitted). 64 Id. at 377. 65 Id. 66 Id 546 By contrast, a fact-based definitional approach starts with a distinct conception of fiduciary relationships in general and then uses this conception to analyze the relationship in question.67 Employing a top-down inquiry, this approach starts with a generalized and conventional notion of fiduciary relationships abstracted from the various instantiations of such relationships and scrutinizes the relationship through that definition. This definitional fact- based identification method provides important benefits. First, it allows courts to better evaluate alleged fiduciary relationships. This is because prior fiduciary relationships do not constrain the analysis by setting the material terms. Second, it makes what is implicit in the analogical and status-based analyses explicit. Third, and most important for present purposes, this approach provides a \u201csound basis for evaluating claims for de novo attribution of fiduciary status.\u201d68 The definitional fact-based analysis does, however, provide its own set of difficulties. The main difficulty is establishing a universally sufficient definition of fiduciary relationships for prospective use. Courts that have ventured to define such relationships do not always agree on what is essential to a fiduciary relationship. For instance, some stress discretion and dependency, while others emphasize power dynamics and unequal terms.69 Private law scholars also highlight different aspects of fiduciary relationships. According to Professor Miller, a fiduciary relationship arises \u201cupon the fiduciary\u2019s undertaking of a mandate under which he receives discretionary legal powers to be exercised for other-regarding purposes.\u201d70 Alternatively, Professor D. Gordon Smith argues that a fiduciary relationship forms \u201cwhen one party (the \u2018fiduciary\u2019) acts on behalf of another party (the \u2018beneficiary\u2019) while exercising discretion with respect to a critical resource belonging to the beneficiary.\u201d71 67 Id. 68 Id. at 380. 69 See, e.g., United States v. Chestman, 947 F.2d 551, 569 (2d Cir. 1991 fiduciary relationship involves discretionary authority and dependency . . . . [T]he beneficiary of the relation may entrust the fiduciary with custody over property of one sort or another.\u201d); Amendola v. Bayer, 907 F.2d 760, 763 (7th Cir. 1990) (defining a fiduciary relationship as one that entails \u201ctrust and confidence\u201d); In re Daisy Sys. Corp., 97 F.3d 1171, 1177 (9th Cir. 1996) (\u201c[T]he parties [to a fiduciary relationship] do not deal on equal terms, because the person in whom trust and confidence is reposed and who accepts that trust and confidence is in a superior position to exert unique influence over the dependent party.\u201d). 70 Miller, supra note 50, at 379; see also Paul B. Miller, The Fiduciary Relationship, in 63, 69 (Andrew S. Gold & Paul B. Miller eds., 2014). 71 D. Gordon Smith, The Critical Resource Theory of Fiduciary Duty, 55 VAND. L. REV. 1399, 1402 (2002) (emphases omitted). For yet another account of fiduciary relationships, see Evan J. Criddle, Liberty in Loyalty Republican Theory of Fiduciary Law, 95 TEX. L. REV. 993, 1000 (2017) (emphasis omitted), which argues that \u201c[f]iduciary duties apply whenever a party has been entrusted with power over another's legal or practical interests.\u201d 118:533 (2023) Clergy Sexual Abuse and Fiduciary Duties 547 Despite these different definitions, fiduciary relationships contain a distinct normative and conceptual core. Professor Frankel offers the following definition of fiduciary relationships that brings out this conceptual core.72 First, people in fiduciary roles offer socially beneficial services that require some form of expertise, such as healing, teaching, legal services, asset management, and religious services. Second, the fiduciary must be entrusted with property or power in order to offer these services. Third, this entrustment poses risks that the fiduciary will not be trustworthy and may misuse the entrusted power or not perform the promised services adequately. And fourth, there is a likelihood that the receiving party will fail to protect themselves from the risks involved in the relationship and the market is not efficient in protecting parties from such risks.73 This definition captures many of the above conceptions of fiduciary duty: a relationship of trust, discretionary power over a person\u2019s legally recognized interests, and the risk of harm when such power is misused in violation of such trust. To identify a fiduciary relationship is, in its simplest terms, to identify a relationship of trust wherein the betrayal of that trust demands legal recourse. Trust is the \u201cmost important aspect of fiduciary relationships\u201d and often includes confiding secrets.74 On account of this relationship, a fiduciary \u201cis held to something stricter than the morals of the market place. Not honesty alone, but the punctilio of an honor the most sensitive, is then the standard of behavior.\u201d75 In other words, a fiduciary must act in the best interests of a person on whose behalf they have been empowered to act. To act against the best interests of a beneficiary violates the most significant duty in fiduciary relationships: the duty of loyalty.76 It is the duty of loyalty that makes fiduciary duties unique and distinct. This duty is complex and involves various sub-duties that are prescriptive\u2014acting in good faith and in the best interests of the beneficiary\u2014or proscriptive\u2014forbidding seeking self-interested pursuits in conflict with the beneficiary\u2019s interests or acting in the interests of third parties whose interests are in conflict with the beneficiary.77 While a relationship between a clergyperson and a congregant would appear on its face to be a relationship involving trust, discretionary power, 72 FRANKEL, supra note 49, at 6. 73 Id. 74 Id. at 7. 75 Meinhard v. Salmon, 164 N.E. 545, 546 (N.Y. 1928). 76 Andrew S. Gold, The Fiduciary Duty of Loyalty, in LAW, supra note 50, at 384, 386 (\u201cLoyalty is central to fiduciary law\u2014it is part of what gives the field its distinctive qualities.\u201d). 77 See id. at 387\u201391 548 and the risk of harm (especially in the event of sexual conduct), courts are divided on whether clergypersons can be liable for a breach of fiduciary duty for sexual misconduct with an adult parishioner.78 Even those who, in theory, recognize recovery in such cases disagree in practice about the circumstances under which clergypersons are fiduciaries. The next Part will outline the different approaches taken by federal and state courts when adjudicating breach of fiduciary claims brought against clergypersons who have engaged in sexual misconduct with adult victims.79 There are four main approaches in U.S. jurisprudence when it comes to imposing fiduciary duties on clergypersons: (1) the \u201cno fiduciary duty\u201d approach; (2) the professional \u201ctwo hats\u201d approach; (3) the \u201ccounseling\u201d approach; and (4) the \u201csomething more\u201d approach. These approaches reflect a spectrum of attitudes regarding the degree to which fiduciary principles apply in clergy\u2013congregant relationships that are not traditionally recognized as fiduciary and whether such extensions are prohibited or limited by the First Amendment\u2019s Free Exercise Clause. 78 One issue that warrants further discussion is which fiduciary duty is breached in these contexts: a duty of care or a duty of loyalty duty of care is essentially a negligence standard and thereby involves some of the major concerns involved with a malpractice standard: determining what standard of care a reasonable similar fiduciary owes. Thus, whether someone considers the breach involved in sexual misconduct as a breach of the duty of care or the duty of loyalty likely has important implications for its permissibility under the First Amendment believe that the duty of loyalty is the better theory of breach in these contexts because it encapsulates what is most problematic about the misconduct: that the trust of the entrustor has been intentionally taken advantage of to the personal benefit and satisfaction of the person who owed them a duty to act in their best interest. The theory of breach in these circumstances is beyond the scope of this Note which is primarily focused on the fiduciary status of clergypersons. 79 In this Note have focused primarily on claims brought by the victims of sexual abuse against offending clergypersons. However, claims have also been brought by the partners of those with whom a clergyperson has had sexual contact. This usually occurs when that clergyperson has offered marriage counseling to couples and then had sex with one partner. See, e.g., Bailey v. Faulkner, 940 So. 2d 247, 253 (Ala. 2006) (holding that plaintiff\u2019s claims for negligence and emotional damages due to sexual misconduct between pastor and his ex-wife were amatory torts and forbidden by statute); Strock v. Pressnell, 527 N.E.2d 1235, 1239\u201340 (Ohio 1988) (finding the claim brought by a husband against a clergyperson was in essence an amatory tort and, therefore, abolished by statute). Plaintiffs also have asserted breach of fiduciary duty claims against clergy for more than just sexual misconduct. Plaintiffs have alleged that disclosures of confidential information and inducement to sell property as breaches of fiduciary duty. See, e.g., Adams v. Moore, 385 S.E.2d 799, 801 (N.C. Ct. App. 1989) (finding preacher violated fiduciary duty by using position and influence to obtain deed to parishioner\u2019s home); Koster v. Harvest Bible Chapel\u2013Quad Cities, 959 N.W.2d 680, 682 (Iowa 2021) (holding that summary judgment was properly granted to pastor who was sued for breach of fiduciary duty for divulging information learned at group marriage discussions). 118:533 (2023) Clergy Sexual Abuse and Fiduciary Duties 549 A. The \u201cNo Fiduciary Duty\u201d Approach Many courts have held that clergypersons cannot be found liable for a breach of fiduciary duty when a pastoral relationship has developed into a sexual relationship, because no fiduciary relationship exists between a clergyperson and a congregant. Courts have found that this claim is impermissible for two reasons. First, it is a veiled way to essentially plead malpractice, and second, imposing a fiduciary duty on a clergyperson would require an unconstitutional entanglement with religion. The case of Schmidt v. Bishop illustrates the first malpractice rationale. There, the plaintiff alleged that her pastor initiated sexual contact after beginning a counseling relationship with her.80 The defendant-pastor allegedly \u201cinvoked God as supporting the conduct in which he allegedly engaged, and informed her that \u2018the relationship was special and acceptable in the eyes of the Lord\u2019 and that \u2018it was not something [she could] share with others . . . .\u2019\u201d81 The counseling relationship continued for over ten years and only ended after the plaintiff sought psychotherapy and came to understand that she had been abused by her pastor.82 The district court, however, dismissed Schmidt\u2019s claim for breach of fiduciary duty on the grounds that defining the scope of fiduciary duty owed by clergy would involve the same \u201cconstitutional difficulties encountered in articulating the generalized standard of care for a clergyman\u201d and therefore such a claim was \u201cmerely another way of alleging that the defendant . . . engaged in malpractice.\u201d83 Some courts find that the imposition of fiduciary duties is inappropriate even if they recognize that the claim for malpractice and fiduciary duties are distinct. In Langford v. Roman Catholic Diocese of Brooklyn, the plaintiff sought guidance from her priest following a serious medical diagnosis.84 The priest began visiting her multiple times a week and during these visits allegedly emphasized the mystical and esoteric nature of his power to cure her, which encouraged her dependence on him. The plaintiff alleged that because of this dependence, she did not want to anger him and so did not resist his sexual advances.85 The court found the breach of fiduciary duty 80 Schmidt v. Bishop, 779 F. Supp. 321, 324 (S.D.N.Y. 1991). 81 Id. (alterations in original). 82 Id. 83 Id. at 326; see also Teadt v. Lutheran Church, 603 N.W.2d 816, 822 (Mich. Ct. App. 1999) (\u201c[P]laintiff\u2019s allegations that Garbisch misused his superior position as her pastor and counselor in order to achieve a sexual relationship with her also reveal that the gist of plaintiff\u2019s action is in fact clergy malpractice.\u201d); Strock, 527 N.E.2d at 1243 (stating that a claim for breach of fiduciary duty is essentially a claim for negligence). 84 677 N.Y.S.2d 436, 437 (Sup. Ct. 1998). 85 Id 550 claim could not be maintained against the priest because the issue could not be framed in secular terms.86 It reasoned that though fiduciary law is a religiously neutral rule, there must be \u201cneutral facts to which to apply those rules.\u201d87 As such, the court found an \u201cinsurmountable difficulty\u201d for the plaintiff: she could not show the existence of a fiduciary relationship without resorting to religious facts and so the claim could not pass constitutional muster.88 Furthermore, the court emphasized that to strip the relationship of all the religious elements would leave the plaintiff with only the amatory tort of seduction, which is no longer recognized.89 Setting aside the unimaginative and limited framing of the issue, the Langford court essentially reasoned that, in the absence of a well-recognized status-based fiduciary relationship, determining the existence of a fiduciary relationship would require an ad hoc, fact-intensive inquiry into the circumstances of the relationship.90 The court then suggested that a jury could only make this determination by evaluating whether the subjective religious beliefs of the plaintiff and the religious status of the priest were sufficient for the requisite vulnerability and dependence of the fiduciary relationship.91 And since these facts were about religious matter, they were therefore not \u201cneutral,\u201d and a jury could not be expected to apply the law to them without excessive entanglement in the free exercise of religion.92 Here emerges the tension discussed above of distinguishing sex that is creepy and inappropriate from sex that violates a person\u2019s rights. The courts referenced above seemed unsure whether a clergyperson is more like a professional offering services or more like the creepy fitness instructor. This is clear from the Langford court\u2019s conclusion that absent the religious nuance, all that occurred was seduction, which does not give rise to a legally recognized claim. Whether those courts believe that the harm involved in 86 Id. at 439. 87 Id. (emphasis added); see also Schieffer v. Cath. Archdiocese, 508 N.W.2d 907, 912 (Neb. 1993) (rejecting fiduciary duty claims against clergy members on the reasoning that the claim was best characterized as a malpractice claim) (citing Schmidt, 779 F. Supp. at 326). 88 Langford, 677 N.Y.S.2d at 439 (\u201cIn order to consider the validity of plaintiff\u2019s claims of dependency and vulnerability, the jury would have to weigh and evaluate, inter alia, the legitimacy of plaintiff\u2019s beliefs, the tenets of the faith insofar as they reflect upon a priest\u2019s ability to act as God\u2019s emissary and the nature of the healing powers of the church.\u201d). 89 Id. 90 Id. (\u201cHere, in order for plaintiff\u2019s cause of action to meet constitutional muster, the jury would have to be able to determine that a fiduciary relationship existed and premise this finding on neutral facts.\u201d). 91 Id. (\u201cTo instruct a jury on such matters is to venture into forbidden ecclesiastical terrain.\u201d). 92 Id. 118:533 (2023) Clergy Sexual Abuse and Fiduciary Duties 551 these cases rises to the same levels as the harm that occurs in doctor\u2013patient relationships is not clear. There are at least two ways to understand these holdings. First, the courts could be saying that clergypersons cannot be found to be fiduciaries in any circumstance since a determination of the character of the relationship would involve too much entanglement with the religious beliefs and practices of a particular church. Under this reading, regardless of what a clergyperson does, if the relationship has sufficiently religious elements, the court will be unwilling to find any fiduciary duties. Second, the courts could be saying that clergypersons cannot be fiduciaries qua clergypersons\u2014that if the relationship was primarily religious and not something else, then there can be no fiduciary duties imposed on these relationships. It is not entirely clear which concern has primarily dictated this judicial approach. However, it is noteworthy that neither clergyperson in the above cases was a professional or held himself out as being a professional; they solely occupied religious roles. This brings us to the next approach. B. The \u201cTwo Hats\u201d Approach Under the \u201ctwo hats\u201d approach,93 a court will allow a claim for breach of fiduciary duty against a clergyperson if the clergyperson wears two hats\u2014 that is, occupies a role that is sufficiently secular so that the religious aspect of the relationship becomes \u201cincidental.\u201d94 For example, if a clergyperson is a licensed professional or holds themselves out as such, then there is something secular upon which a fiduciary relationship can be established. This approach is, in essence, a subspecies of the \u201cno fiduciary duty\u201d approach discussed above. Clergypersons are not fiduciaries solely on account of their clerical or religious status but on account of a different, nonreligious status. Here, the courts are much more willing to impose fiduciary duties and look beyond First Amendment concerns because there are sufficient secular and nonreligious facts at play that circumvent the constitutional worries in those cases where there are no sufficient \u201csecular\u201d activities. For example, in Sanders v. Casa View Baptist Church, one of the plaintiffs\u2014a congregant at the church\u2014claimed that the defendant-pastor breached his fiduciary duties as a marriage counselor by encouraging and 93 borrowed this terminology from the dissent in F.G. v. MacDonell, 696 A.2d 697, 707 (N.J. 1997) (O\u2019Hern, J., dissenting) (emphasis added), which states: \u201cOf course, there are clerics who wear two hats. To assess the conduct of a cleric moonlighting as a repair person establishes no state religion. There are even clerics who are licensed as attorneys, physicians, or psychological therapists.\u201d 94 Teadt v. Lutheran Church, 603 N.W.2d 816, 823 (Mich. Ct. App. 1999) (quoting Amato v. Greenquist, 679 N.E.2d 446, 454 (Ill. App. Ct. 1997 552 subsequently initiating a sexual relationship with her.95 On appeal, the defendant-pastor argued that the First Amendment precluded judicial review of his misconduct because it occurred in a religious counseling relationship that was not \u201cpurely secular.\u201d96 The pastor argued that the fact \u201che occasionally discussed scripture in his counseling sessions . . . demonstrated that the counseling he provided was not purely secular.\u201d97 The court disagreed and held that the pastor was not entitled to summary judgment on First Amendment grounds.98 The court reasoned that the First Amendment protection of religious freedom does not extend to secular behavior even when such behavior \u201ccomprise[s] part of an otherwise religious relationship.\u201d99 This extension, the court argued, would \u201cplace a religious leader in a preferred position in our society.\u201d100 The court found that the minor infusion of religious discussion in what was otherwise a secular and professional marriage counseling relationship was not enough to give the behavior constitutional protection.101 The fact that the defendant \u201cheld himself out as possessing the education and experience of a professional marriage counselor\u201d provided the jury with relevant secular and professional standards that were distinct and separate from religious doctrine.102 Under the \u201ctwo hats\u201d approach, clergypersons can therefore be a fiduciary only if they occupy a separate professional role in which fiduciary duties are owed. Therefore, to be liable as a fiduciary, a clergyperson must offer additional professional services that are not solely \u201cunder the aegis of his church,\u201d103 hold himself out as such a professional, or be subject to professional standards.104 Courts that adopt this approach rely on the presence of a secular \u201chat\u201d (i.e., a secular role played by a clergyperson) to 95 134 F.3d 331, 333\u201334 (5th Cir. 1998). 96 Id. at 335. 97 Id. 98 Id. at 338. 99 Id. at 336. 100 Id. 101 Id. at 336\u201337. 102 Id. at 337. 103 See Lann v. Davis, 793 So. 2d 463, 466 (La. Ct. App. 2001), for the full quote pastor who provides counseling services usually does so under the aegis of his church, and is not subjected to the same standards as a state-licensed psychiatrist or social worker.\u201d 104 See Dausch v. Rykse, 52 F.3d 1425, 1430, 1432\u201333 (7th Cir. 1994) (Coffey, J., concurring) (allowing a claim that a clergyperson had the \u201cduty to possess and apply the skill and knowledge of a reasonably well qualified person providing psychological counseling\u201d because he \u201cheld himself out to be providing the services of a psychological counselor\u201d); Destefano v. Grabrian, 763 P.2d 275, 284 (Colo. 1988) (\u201cWe have no difficulty in finding that Grabrian, as a marriage counselor to Robert and Edna, owed a fiduciary duty to Edna. His duty to Edna was \u2018created by his undertaking\u2019 to counsel her.\u201d). 118:533 (2023) Clergy Sexual Abuse and Fiduciary Duties 553 overcome First Amendment objections, but may not impose fiduciary duties on clergypersons who acted solely in a religious professional capacity.105 C. The Counseling Approach In F.G. v. MacDonell, the Supreme Court of New Jersey outlined another approach to analyze fiduciary duties: the counseling approach. In contrast to the above approaches, under this approach, a claim for breach of fiduciary duty may be adjudicated without entanglement in the free exercise of religion.106 The court was particularly skeptical of the First Amendment objections and reasoned that the First Amendment does not permit nor shield a member of the clergy \u201cfrom actions for breach of fiduciary duty arising out of sexual misconduct that occurs during a time when the clergy member is providing counseling to a parishioner.\u201d107 The victims thus could pursue fiduciary duty claims against a clergyperson if he offered counseling, even if that clergyperson did not wear \u201ctwo hats\u201d or hold himself out as a secular professional. The facts of MacDonell should be familiar by now. The defendant was a married Episcopalian priest who induced a vulnerable woman into a sexual relationship in the context of pastoral counseling. Since the essence of a fiduciary relationship is the trust and confidence placed on another in a dominant and superior position, and since trust and confidence are \u201cvital\u201d to the counseling relationship between parishioner and pastor, a pastor \u201caccepts the responsibility of a fiduciary\u201d by accepting a parishioner for counseling.108 The New Jersey Supreme Court recognized that for many people religion is the \u201cmost likely source\u201d of support when they are troubled and feel vulnerable, so their religious beliefs would motivate them to seek pastoral counseling.109 The court reasoned that a \u201cpastor knows, or should know of the parishioner\u2019s trust and the pastor\u2019s dominant position.\u201d110 Therefore, when a pastor in a counseling relationship engages in sexual 105 See, e.g., Jacqueline R. v. Household of Faith Fam. Church, 118 Cal. Rptr. 2d 264, 270 (Ct. App. 2002) (\u201cAt most, plaintiffs showed the pastor provided counseling to them as church members that was based on his status as a clergyman . . . . Such counseling was part of his church ministry, and there is no evidence he received payment for his counseling services. . . . Here, there is no evidence the pastor did or said anything that would subject him to professional counseling standards. Consequently, he did not owe plaintiffs the same independent duty of care required of licensed professionals.\u201d). 106 696 A.2d 697, 700 (N.J. 1997). 107 Id. at 702. 108 Id. at 704. 109 Id. 110 Id 554 intercourse with a parishioner he is counseling, the pastor may be liable for a breach of a fiduciary duty.111 Under the \u201ccounseling\u201d approach, proof that a parishioner trusted and sought counseling from the pastor makes him a fiduciary. Even if a clergyperson\u2019s \u201cultimate goal\u201d in counseling is to \u201chelp [a counselee] receive assistance from God,\u201d sexual misconduct violates a counselee\u2019s legal rights.112 clergyperson does not need to hold himself out as a mental health professional, be licensed, or engage in exclusively secular conduct primarily religious relationship could qualify as a fiduciary relationship which would make a clergyperson that engages in sexual conduct with a parishioner liable in tort under certain circumstances\u2014namely, where counseling is offered.113 However, it is not entirely clear what is necessary to be a pastoral counselor under MacDonell. While the court recognized that the primary aim of a pastoral counselor may be to help a counselee \u201creceive assistance from God,\u201d114 there is no discussion about other means, ends, or methods employed in the counseling relationship. Whether it would even need to be termed pastoral counseling is also not clear. The existing legal discussions have insufficiently addressed this issue.115 There are therefore two possible ways that this \u201ccounselor approach\u201d could be interpreted. The first is \u201ccounseling plus.\u201d Under this reading, a pastoral counselor must be engaging in some nonreligious behavior that makes analogizing the clergyperson\u2019s activities to a secular counselor proper. For example, addressing or treating conditions recognized by the using spiritual means, or using tools derived from modern psychiatry to help a counselee in their spiritual life. The second is \u201ccounseling lite.\u201d Under this interpretation, what matters are the circumstances of the relationship, namely whether there exists vulnerability, entrustment, confidence, or power differentials on account of the relationship analogous to the counselor\u2013counselee relationship. Under the counselor lite reading, whether the clergyperson was engaged in widely recognized \u201ccounselor\u201d behavior or methods matters less. 111 Id. at 705. 112 Id. Moreover, it is entirely unrelated to religious doctrine. 113 As the dissent notes, \u201cThere is absolutely no suggestion of such an assumption of secular duties in this case.\u201d Id. at 708 (O\u2019Hern, J., dissenting). 114 Id. at 705. 115 See infra Part III. 118:533 (2023) Clergy Sexual Abuse and Fiduciary Duties 555 The dissent in MacDonell construes the majority as adopting the \u201ccounseling lite\u201d position,116 but it is not entirely clear how to interpret the majority\u2019s holding. On the one hand, the court reasons that \u201c[b]ut for MacDonell\u2019s status as a clergyman, his conduct was unrelated to religious doctrine.\u201d117 The majority also claimed that establishing a fiduciary duty requires proof that the abuse victim (i) trusted the clergyperson and (ii) sought counseling from him.118 This would indicate the importance of the nonreligious counseling behavior to the relationship. On the other hand, the court stresses the importance of trust and vulnerability and concedes that even if the \u201cultimate goal in counseling [the plaintiff] may have been to help her receive assistance from God\u201d the sexual contact violated her legal rights because of the violation of the trust and the victim\u2019s vulnerability.119 This ambiguity leaves certain victims without a path to recovery if a court were to find the \u201ccounseling plus\u201d interpretation more persuasive. Furthermore, the rationale for imposing a fiduciary duty on a clergyperson would be based on other assumptions and beliefs about the nature of counseling, mental health treatment, and the distinctiveness of religious practice. These issues will be addressed further in Part below. D. The \u201cSomething More\u201d Approach Some courts, when faced with more ambiguous factual situations where a plaintiff has not been in a formal and well-defined counseling relationship, have found that a fiduciary relationship between a priest and congregant requires \u201csomething more\u201d in addition to the congregant\u2013clergyperson relationship.120 In other words, the congregant\u2013clergyperson relationship is not in itself sufficient to warrant the imposition of a fiduciary duty without something else in addition to it. In these cases, the courts do not specify what 116 MacDonell, 696 A.2d at 707 (O\u2019Hern, J., dissenting) (distinguishing this case from Dausch v. Rykse, where the clergyperson \u201crepresented to the plaintiff that he was a capable, trained professional on whom she could rely to assist her with her personal problems and could provide \u2018secular psychological, not religious, counseling\u2019\u201d (emphasis omitted) (citing Dausch v. Rykse, 52 F.3d 1425 (7th Cir. 1994))). 117 Id. at 705. 118 Id. at 703\u201304. 119 Id. at 704\u201305. 120 Doe v. Hartz, 52 F. Supp. 2d 1027, 1065 (N.D. Iowa 1999) (\u201c[I]n those cases permitting a breach- of-fiduciary-duty claim against a member of the clergy to go forward, the claim was allowed because something more than a general priest-parishioner relationship was the basis for the fiduciary duty.\u201d (emphasis added)); Ahern v. Kappalumakkel, No. CV010075617S, 2004 5748892, at *7 (Conn. Super. Ct. Mar. 9, 2004) (\u201cSimilarly, the acts of a priest interacting with a parishioner in a comforting, supportive or consoling manner, do not, in and of themselves, give rise to a fiduciary duty, as a matter of law. Something more must happen, to trigger the establishment of a fiduciary relationship between a priest and a parishioner. This something, though necessarily vague in definition under Connecticut law, is missing in the instant case.\u201d (emphasis added 556 is necessary or sufficient to satisfy the \u201csomething more counseling relationship, although not necessary, may be sufficient to meet this \u201csomething more.\u201d Other courts claim that this \u201csomething more\u201d must be a showing of \u201cde facto control and dominance,\u201d121 which may be demonstrated through the plaintiff's unique vulnerability. Still, in other cases, the plaintiff\u2019s vulnerability is not sufficient to unilaterally show that the alleged fiduciary wielded \u201cde facto control.\u201d122 On the other hand, a confidential relationship could be this \u201csomething more\u201d that pushes a relationship into fiduciary territory.123 It is possible that the court will just know what \u201csomething more\u201d is when they see it.124 What this approach shows is that although a clergyperson need not be a secular professional or necessarily acting as a counselor in order to be a fiduciary, demonstrating the existence of a fiduciary relationship requires some clear facts that would likely render a nonclergyperson a fiduciary as well\u2014i.e., evidence of control, dominance, and vulnerability. With that said, this approach shows that there is still nothing unique about the role of clergy that makes it easier to establish that they are a fiduciary as opposed to a nonclergyperson. Although being a clergyperson may give rise to more situations in which something like \u201cde facto control\u201d may arise, it is not inherent to the status of a clergyperson Let us return to Jane. If Jane wanted to recover against her former spiritual director for breach of fiduciary duty, she would need to demonstrate (i) that a fiduciary relationship existed; (ii) that a fiduciary duty was breached; and (iii) that this breach caused her harm. Here the harm is clear. 121 Marmelstein v. Kehillat New Hempstead, 892 N.E.2d 375, 378 (N.Y. 2008) (\u201c[T]wo essential elements of a fiduciary relation are . . . de facto control and dominance.\u201d (internal quotation marks omitted) (quoting Ne. Gen. Corp. v. Wellington Advert., 82 N.Y.2d 158, 173 (1993) (Hancock, J., dissenting))). 122 Doe v. Roman Cath. Diocese of Rochester, 907 N.E.2d 683, 683\u201384 (N.Y. 2009) (\u201cAs we recently reaffirmed, a fiduciary relationship must exhibit the characteristics of \u2018de facto control and dominance.\u2019 . . . The bare allegation that Jane Doe was \u2018a vulnerable congregant\u2019 is insufficient to establish that plaintiff was particularly susceptible to Father De\u2013Bellis\u2019s influence.\u201d (quoting Marmelstein, 892 N.E.2d at 378)). 123 Doe v. Apostolic Assembly of Faith in Christ Jesus, 452 F. Supp. 3d 503, 534 (W.D. Tex. 2020) (\u201cThus, under Texas law, the clergy-member relationship generally is not a fiduciary one, but a clergyperson\u2019s relationship with a member in their secular capacity can constitute a \u2018confidential relationship\u2019 triggering fiduciary obligations.\u201d). 124 Indeed, it may seem that some courts do apply an know it when see it\u201d approach to finding fiduciary relationships, especially fact-based ones. For an attempt to articulate a methodology underlying Texas courts\u2019 apparent know it when see it\u201d approach to certain informal fiduciary relationships, see Gregory B. Westfall, \u201cBut Know It When See It Practical Framework for Analysis and Argument of Informal Fiduciary Relationships, 23 L. REV. 835, 836 (1992). 118:533 (2023) Clergy Sexual Abuse and Fiduciary Duties 557 The sexual contact that occurred between her and her priest led to serious emotional trauma. And, if a fiduciary relationship did exist, then Jane will likely be able to show that the priest breached his fiduciary duty. The primary issue for her recovery is the threshold issue: whether their relationship constituted a fiduciary relationship. Without establishing that, a court would likely not find the sexual misconduct a civil wrong. Jane\u2019s recovery against her abusive spiritual director therefore depends on whether she can convince a court or a jury that her spiritual director\u2014who only ever provided religious guidance\u2014acted as a fiduciary. If a court were to adopt either the \u201cno fiduciary duty\u201d approach or the \u201ctwo hats\u201d approach, liability would likely be foreclosed because Jane\u2019s spiritual director was neither a licensed professional, nor did he hold himself out as someone who could provide secular mental health counseling. In short, there is nothing outside the priest\u2019s status as a clergyperson that would bring him within the traditional purview of fiduciary law. Professors Fenton and Villiers have argued that this judicial reluctance to analyze the alleged fiduciary character of religious relationships is incorrect and that the First Amendment\u2019s Free Exercise Clause should not be read as a shield for wrongful sexual misconduct by clergy.125 Nevertheless, absent this constitutional prohibition, it is still not entirely clear whether a clergyperson who only provided religious guidance is a fiduciary. According to Professors Fenton and Villiers, clergypersons like Jane\u2019s spiritual director can be fiduciaries because they effectively occupy counseling roles.126 The argument effectively proceeds as follows:127 Those who provide mental health counseling are recognized as fiduciaries; clergypersons often provide pastoral services that are analogous to nonreligious professional counselors; therefore, they can be deemed fiduciaries without evaluating the religious content of the relationship when they provide such analogous services. The embedded premise in this 125 Fenton, supra note 11, at 94 (\u201cCommon law prohibitions of sexual misconduct by fiduciaries and professionals should be considered a generally applicable law. Exceptions for religious institutions counter common sense and social expectations imbedded in the fiduciary/professional relationship.\u201d); Villiers, supra note 11, at 4 (\u201cThe doctrine of separation of church and state does not relieve the state of its responsibility to protect its citizens from harm when clergy are engaged in nonreligious activities.\u201d). 126 Fenton, supra note 11, at 89 (\u201cThe fiduciary relationship in the context of clergy sexual misconduct can be established in two ways: the counselor/counselee relationship or the clergy/congregant relationship. The former should be the focus with the latter being an important qualifier, as the existence of the counseling relationship with the cleric is enough to establish the fiduciary relationship.\u201d); Villiers, supra note 11, at 64 (\u201cThe cleric and parishioner share a very special relationship\u2014one that is similar to the professional relationship between psychiatrist, psychologist, or social worker and patient. . . . Consequently, it may be argued that a fiduciary duty is created between the clergy and parishioners.\u201d). 127 This is my representation of the argumentative thrust of Professors Fenton\u2019s and Villiers\u2019s articles 558 argument is that if one engages in activities or services analogous to the services provided by a recognized fiduciary, then the fiduciary status is more easily demonstrated. This argument is a deployment of the fact-based analogical method of finding fiduciary duties discussed in Part I. In other words, since clergypersons are not fiduciaries because of their status as clergypersons, then they must be determined to be fiduciaries in a fact-based, ad hoc analysis done by analogizing to already recognized fiduciaries. If Jane were abused in New Jersey, her priest may qualify as a fiduciary under MacDonell.128 There, the court argued what mattered most was whether the plaintiff trusted the clergyperson and whether the clergyperson agreed to provide counseling services.129 The question then would be whether providing solely religious guidance would qualify as counseling for the second prong. Unfortunately, the majority in MacDonell never tells us what is sufficient to constitute a counseling relationship. Therein lies the weakness of the MacDonell opinion and Professors Fenton\u2019s and Villiers\u2019s analogous approaches. Moreover, Professor Fenton herself never defines counseling for the purposes of her article. Professor Villiers does define counseling but groups together all types of one-on-one pastoral relationships. With such ambiguous, unclear, and expansive notions of what counseling is, there are no criteria or guidance to evaluate a clergyperson\u2019s conduct to establish whether it should be considered \u201ccounseling.\u201d Does offering consistent confidential guidance on various spiritual and family matters constitute counseling? Perhaps. What if the subject matter for discussion was only the congregant\u2019s subjective understanding of her faith and theological issues? The confession of sins? In short, whether the services provided by clergypersons to their congregants are in fact analogous to what mental health therapists provide to counselees is a controversial area. As discussed in Part I, two adults discussing matters of faith, trauma, and past transgression in a private intimate setting and then engaging in a sexual relationship is not, on its face, a civil wrong. Why, therefore, should it matter that one of the people happened to be a member of the clergy? That counseling and religious guidance are analogous depends on a person\u2019s preconceived notions about the nature of religion and mental health counseling. For instance, Professor Brian Leiter in his book Why Tolerate Religion? argues that there is nothing special about religion that makes it particularly worthy of affirmative respect 128 F.G. v. MacDonell, 696 A.2d. 697, 704 (N.J. 1997). 129 Id. 118:533 (2023) Clergy Sexual Abuse and Fiduciary Duties 559 and toleration under U.S. law.130 On Professor Leiter\u2019s view, this is because religion often involves \u201cculpable failures of epistemic warrant.\u201d131 That it is to say, it is unsupported by reason and evidence, and people are blameworthy for having religious beliefs. While philosophers and legal scholars have criticized Professor Leiter\u2019s view on religion,132 it is not difficult to reach this conclusion if one thinks that the beliefs of many religions cannot be rationally justified. On this view, the fact that a clergyperson is not a fiduciary is not just the result of a constitutional prohibition, but also the fact that clergypersons have no more expertise or social value than a fortune teller or witch doctor. If one takes this skeptical approach towards religion\u2014that it is superstitious and irrational gobbledygook\u2014it becomes difficult to argue that clergypersons provide socially beneficial services akin to secular mental health counselors, and the argument by analogy becomes an immediate nonstarter. Furthermore, the argument by analogy approach suffers from another potential issue, namely that it does not take religion\u2019s distinctiveness seriously. Someone might disagree with Professor Leiter\u2019s account of religion and nevertheless think analogizing a pastoral relationship to a counseling relationship mischaracterizes religion\u2019s unique role and value. Religion provides a unique social good and value in the lives of congregants beyond any residual and ancillary mental health benefits. As such, the argument by analogy psychologizes what occurs in religious environments, reducing the benefits to secular benefits. Religious people like Jane may go to a clergyperson upon experiencing some emotional concerns but may understand those primarily as the effects of religious causes, for example, a lack of prayer or a failure to discern God\u2019s will, among others. To circumvent these issues, this Note suggests that there is a better method of analyzing the prospective fiduciary status of clergypersons under scrutiny\u2014the fact-based definitional approach discussed in Part II. In what follows, this Note will explore what this approach looks like, and why it is better able to handle the difficult edge cases of clergy who only provide religious guidance. The Note will suggest that a relationship between a clergyperson and a congregant is a fiduciary relationship where it (i) involves the divulgence of confidential information (ii) which would not be otherwise shared but for the institutional role of the clergy person (iii) in 130 RELIGION? 68\u201370 (2013). 131 Id. at 82. 132 See Andrew Koppelman, How Should Praise Thee? Brian Leiter on Respect for Religion, 47 L. REV. 961, 962 (2010); Robert Merrihew Adams, Why Tolerate Religion PHIL. REVS. (Jan. 6, 2013), [ ADUB] (reviewing LEITER, supra note 130 560 regular private meetings (iv) at or near the locus or loci of the clergyperson\u2019s institutional authority. This better captures the fiduciary character of the relationship, the risks inherent in the relationship, and does not over expand the new potential fiduciary relationships. A. Applying the Fact-Based Definitional Approach clergyperson cannot be a fiduciary on account of their status as a member of the clergy. For a legislature or a court to make such an authoritative declaration would likely constitute an unconstitutional intrusion into the lives and practices of religious persons and institutions.133 Therefore, for a clergyperson to be deemed a fiduciary for the purposes of imposing civil liability, an ad hoc, fact-based determination is required. Part outlined situations where courts adopt this fact-based analysis under the \u201csomething more\u201d and the \u201ccounselor\u201d approaches. There are two methods of engaging in fact-based inquires: the first is analogical, the second definitional.134 The preceding section discussed the issues with the analogical approach. We now move onto a fact-based definitional analysis definitional approach would require a court to adopt a distinct conceptual definition of fiduciary relationships\u2014one which would allow it to evaluate the relationship under scrutiny. As discussed in Part I, courts do not often venture to lay out such definitions. Nevertheless, there are sufficient similarities in the way courts and private law scholars discuss fiduciaries: there is emphasis on trust, vulnerability, discretionary power, and risks of abuse. It is therefore possible to distill an abstract definition of a fiduciary to evaluate various relationships under scrutiny. Professor Frankel\u2019s account of fiduciary relationships is an ideal candidate for such a 133 In Kennedy v. Bremerton School District, Justice Neil M. Gorsuch states that the Establishment Clause must be interpreted by reference to historical practices and understandings. 142 S. Ct. 2407, 2428 (2022). In his opinion, Justice Gorsuch cites to his own concurring opinion in Shurtleff v. City of Boston for a discussion of the \u201challmarks of an established religion\u201d the Framers sought to prohibit in adopting the First Amendment. Id. at 2429 n.5 (citing Shurtleff v. City of Boston, 142 S. Ct. 1583, 1608\u201310 (2022) (Gorsuch, J., concurring)). In Shurtleff, Justice Gorsuch noted that \u201ctraditional hallmarks\u201d of an established religion include, among others, \u201ca formal declaration that a religious denomination was in fact the established church\u201d and \u201cthe government exert[ing] control over the doctrine and personnel of the established church.\u201d 142 S. Ct. at 1605\u201309 (Gorsuch, J., concurring). To impose a fiduciary status on clergy solely on account of clergy status would involve determining an objective standard for who constitutes a member of the clergy and prescribing an official view of what a clergyperson would do, especially in the duty of care context. This would likely violate one of the hallmarks of established religion identified by Justice Gorsuch fact-based approach bases the imposition of fiduciary duties on the nature of the relationship and, thereby, likely avoids violating these hallmarks. 134 See supra notes 59\u201366 and accompanying text. 118:533 (2023) Clergy Sexual Abuse and Fiduciary Duties 561 distinct definition as it encompasses the most important aspects of fiduciary relationships stressed by other scholars.135 To evaluate the prospective fiduciary status of Jane\u2019s spiritual director using Frankel\u2019s conceptual definition, she would need to show the following: (i) That her spiritual director offered socially desirable services that typically require expertise; (ii) That the spiritual director was entrusted with property or power in order to more effectively offer these services; (iii) That there was risk that this entrusted power could be misused; (iv) There was a risk that Jane would fail to protect herself from the risks of this entrustment, the market may fail to protect her from these risks, and the cost to ensure trustworthiness would be higher than the socially desirable benefits. To make a case that her spiritual director was in fact a fiduciary, Jane would need to demonstrate that her spiritual director would qualify as a fiduciary under the above definition. Her success will likely depend on her ability to explain the relationship in terms that make themselves amenable to \u201cpublic reason\u201d\u2014a way of explaining something from a common point of view that is acceptable to all persons within a liberal community.136 In short, Jane needs to explain her relationship with her priest in a way that, while not ignoring the religious underpinnings, can make the relationship\u2019s intricacies understandable to those who do not share her own religious beliefs. Essentially, she needs to translate it.137 135 FRANKEL, supra note 49, at 6. The present author does not believe that all abstract conceptual definitions of fiduciary relationships are equal. Many of them implicate other theoretical commitments that are not currently under discussion. It is the present author\u2019s belief that an ideal conceptual definition of fiduciary relationships would do two things: First, it must carry a descriptive burden and show why seemingly disparate professional and social practices all properly fit under one label. Second, it must capture the underlying normative rationales for such a body of law. It would go beyond the present purposes of this Note to discuss why think Frankel\u2019s account can do these things. Nevertheless, it is worth saying that if one were to favor, for instance, Judge Frank Easterbrook\u2019s idea that fiduciary duties are derivative of implied contract obligations, this analysis may not work. It is beyond the scope of this Note to discuss the potential issues with Easterbrook\u2019s account of fiduciary duties. 136 For more on this idea of public reason, see Charles Larmore, Public Reason, in 368, 368\u201393 (Samuel Freeman ed., 2003). 137 This idea of translation is based on the work of J\u00fcrgen Habermas, specifically what he calls the \u201ctranslation proviso,\u201d i.e., that religious views can enter the public sphere when they have been translated into language that is universally acceptable to the public at large. See J\u00fcrgen Habermas, Religion in the Public Sphere, 14 EUR. J. PHIL. 1, 10 (2006) (\u201cReligious citizens can well recognize this \u2018institutional translation proviso\u2019 without having to split their identity into a public and a private part the moment they participate in public discourses. They should therefore be allowed to express and justify their convictions in a religious language if they cannot find secular \u2018translations\u2019 for them 562 Some philosophers argue that religious beliefs or relationships founded thereon cannot be adequately translated into secular equivalents.138 However, that such translations do not perfectly capture the religious significance of the relationship is not at issue. Rather, the issue is the legal significance of the relationship. To avoid knee-jerk reactions from courts wary about intruding into the religious practices of people and institutions, Jane\u2019s chances of recovering against her spiritual director are improved when she can explain the factual circumstances of the relationship with neutral, nonreligious facts to help guide their analysis. The explanation necessary would demonstrate there was a socially beneficial service provided by an expert, that she entrusted the priest with power with the resulting risk of misuse of the power, and, finally, that there was a risk Jane would fail to protect herself from the risk of misuse. First, Jane must show that her spiritual director was providing a socially desirable service that typically requires expertise service could be considered \u201csocially desirable\u201d in two ways. It could be socially desirable on a subjective level\u2014that people believe that the services are providing an important benefit\u2014or on an objective level\u2014that the services further some public interest or helps secure a public good.139 In the case of pastoral and spiritual care, this service could arguably be socially desirable in both ways.140 clergyperson providing religious guidance offers various pastoral services. For instance, there could be a penitential aspect to the relationship, or the relationship could primarily be educational, or centered on giving religiously informed advice about important life decisions. In providing these services, a clergyperson is, in effect, offering guidance to a congregant 138 See, e.g., Lovisa Bergdahl, Lost in Translation: On the Untranslatable and Its Ethical Implications for Religious Pluralism, 43 J. PHIL. EDUC. 31, 32 (2009) (\u201c[W]hat gets lost in Habermas\u2019s translation is the possibility that translation is both impossible and necessary.\u201d). But see Andrew Cummings, The Habermas\u2013Ratzinger Discussion Revisited: Translation as Epistemology, 22 CATH. SOC. SCI. REV. 311, 322 (2017) (arguing that a translation proviso can be accepted on the terms provided by the philosopher Habermas). For an overview of this debate about the nature of religious language in the public sphere, see (1997). 139 Something could be both subjectively and objectively socially desirable. For instance, many people believe that obtaining medical services is good for them personally and it seems rather uncontroversial to say that treating diseases and preventing unnecessary deaths is good for the political community. Alternatively, people could desire a service and there could nevertheless be debate about whether such a service furthers the public interest. 140 There will likely be those who believe that religion is a net harm for the public. This is beyond the scope of this Note. It suffices to say that, regardless of one\u2019s belief about the value of religion in the lives of citizens, the United States Constitution has enshrined religious practice as a distinctive human good worthy of special protection. See 11 (2013) (\u201c[T]he First Amendment is not hostile to religion, because it treats religion as a distinctive human good.\u201d). 118:533 (2023) Clergy Sexual Abuse and Fiduciary Duties 563 on how to better understand meaningful and important aspects of a congregant\u2019s life. They are taking the beneficiary\u2019s chosen interpretative framework for understanding the ultimate meaning and value in their lives and using that framework to provide various services of care, like listening, offering advice, providing consolation, and reconciliation among others. One does not need to affirm the tenants of a particular religion to accept that people can benefit from such services and that those who rely on such services should not lack legal protection.141 That these services are provided by an \u201cexpert\u201d can be demonstrated by particular factual circumstances, such as the clergyperson\u2019s title, the credentials he possesses, and the ways in which the clergyperson has been empowered to act by the institutions in which he serves. Although philosophers and psychologists debate the nature of expertise,142 an expert is typically someone who possess greater knowledge that qualifies them to speak authoritatively about some subject matter, and whose epistemic authority is recognized socially, either through accreditation or by institutional affiliation.143 Here, Jane\u2019s spiritual director is a Catholic priest, someone who went through several years of academic training giving him superior knowledge and authority in the matters that concern Jane. He has also been trusted by a nonprofit entity to use this superior knowledge to provide services to students at the university. It is reasonable, therefore, to conclude that such a person has relevant expertise to provide the services described above. Second, Jane would need to show that she entrusted her spiritual director with the power or property necessary to provide these services. Here, there is no transfer of property or financial assets. Rather, Jane has entrusted her clergyperson with herself, specifically her emotional well-being. To provide the socially beneficial services of religious guidance, a congregant would likely be expected to divulge personal and confidential information to a clergyperson. Information is powerful, and private and confidential personal information provided to a clergyperson, especially in penitential relationships where past wrongdoings\u2014some of which may even be criminal\u2014skew the power dynamics between the parties. Jane could likely 141 This also brings this relationship within the principle instrumental justification for fiduciary law as a distinct body of law: to maintain the integrity and utility of those relationships where one person serves the interests of another and to impose a duty of loyalty to ensure that integrity and utility. See Paul B. Miller, Justifying Fiduciary Duties, 58 L.J. 969, 999\u20131000 (2013). 142 See, e.g INTRODUCTION, at ix (2021); Alvin I. Goldman, Expertise, 37 3, 3 (2018). 143 See generally Alvin I. Goldman, Experts: Which Ones Should You Trust?, 63 RSCH. 85, 91\u201394 (2001) (attempting to specify an objective sense of expertise thank Matt Glaser for helping me navigate the philosophical literature on expertise 564 make a showing that, but for the clergyperson\u2019s institutional role and the fact he held himself out to provide services, she would not have trusted him with the private information and that this entrustment was necessary to realize the unique social utility of this relationship. In other contexts, courts recognize these \u201cconfidential relationships\u201d as fiduciary relationships.144 That one party is a clergyperson should not make a difference.145 Third, Jane would need to show that there were risks that this power would be misused to her detriment. She would need to show that this entrustment made her vulnerable to the harms that occurred while the clergyperson was providing these services. It would go beyond the limits of this Note to discuss what evidence would properly satisfy this burden of proof. The fact that what happened to Jane has also been experienced by other women who have sought spiritual care from clergypersons in private, one-on-one settings shows that this is a constant and present risk underlying all forms of pastoral relationships. Finally, that Jane might fail to protect herself is demonstrated primarily by the fact that her spiritual director, operating as a campus minister and representative of Jane\u2019s faith, took advantage of her within the locus of his institutional authority. The fact that the abuse took place within the walls of her campus ministry center, where the priest was supposed to provide care for her and her fellow students, is significant for this prong. In many instances clergy sexual abuse\u2014and the foundational relationships preceding the abuse\u2014take place in confessionals, pastoral offices, and within the very halls of worship where a congregant sought aid and shelter. These are the places where a person expects to be safe and lets their guard down. This is a place where the market would fail to protect a person from these risks. Whether Jane would succeed in convincing a judge or a jury that her spiritual director was a fiduciary is uncertain. As discussed, these claims are heavily fact intensive and not amenable to predictable legal outcomes. However, by adopting a definitional-based approach, a victim of clergy sexual abuse could make a convincing claim that someone providing religious guidance qualifies as a fiduciary, making the sexual misconduct by the clergyperson actionable as a breach of fiduciary duty. 144 See Roy Ryden Anderson, The Wolf at the Campfire: Understanding Confidential Relationships, 53 L. REV. 315, 316 (2000) (\u201cIf the words of the courts are to be taken literally, a confidential relationship giving rise to fiduciary obligation may include any business, social, or purely personal relationship in which one party justifiably places trust and confidence in another to care for his or her welfare and interests.\u201d). 145 Of course, there are circumstances where such divulgence of confidential personal information does not occur. If so, then there is likely less risk of abuse lack of entrustment of such power would bring this relationship outside the fiduciary heading. 118:533 (2023) Clergy Sexual Abuse and Fiduciary Duties 565 Regardless of the content of discussions, the divulgence of confidential information which would not be otherwise shared but for the institutional role of the clergyperson in regular private meetings at or near the locus or loci of the clergyperson\u2019s institutional authority are all strongly indicative that a relationship has crossed from being a consensual sexual relationship that happens to involve a clergyperson into a relationship that has violated the legal rights of the victim. While there are certainly borderline cases where the relationship between a clergyperson and a congregant takes place away from the usual private and sacred spaces, these are likely cases which are more inappropriate than a violation of legal rights.146 As the court in MacDonell writes, \u201cOrdinarily, consenting adults must bear the consequences of their conduct, including sexual conduct. In the sanctuary of the church, however, troubled parishioners should be able to seek pastoral counseling free from the fear that the counselors will sexually abuse them.\u201d147 This approach also helps limit what could otherwise be an overinclusive account of fiduciary relationships. Sharing secrets or confidential information should not be sufficient to constitute a fiduciary relationship. The proxy of using a site of institutional authority helps separate what may be morally wrong or inappropriate sexual contact from sexual contact that has violated the legal rights of one of the parties. This does not expand the categories of fiduciary relationships beyond its proper domain. Rather, such an approach brings other important relationships of trust that have potential for harmful and damaging violations of trust under its purview. B. Objections and Responses First, it is possible those who prefer a more uniform and standardized duty of care like clergy malpractice might argue that fiduciary law is too unwieldy and fact dependent to be a helpful tool for plaintiffs. This is the position that Emily C. Short takes.148 According to her, the tort of clergy malpractice would be viable if courts relied on secular and neutral documents establishing personnel policies. This, she argues, would avoid the excessive entanglement worry and ensure that there is a uniform approach to clergy sexual misconduct against adults.149 146 See, e.g., Pelitire v. Rinker, 270 So. 3d 817, 829\u201330 (La. Ct. App. 2019) (holding that the plaintiff offered no evidence of a legal duty unrelated to the alleged tortfeasor\u2019s role as a pastoral counselor and minister when the relationship began online and involved visits to the plaintiff\u2019s home). 147 F.G. v. MacDonnell, 696 A.2d 697, 705 (N.J. 1997). 148 Short, supra note 33, at 195\u201396 (\u201c[T]he breach of fiduciary duty claim remains problematic because of the difficulty in defining breach and the reluctance of courts to allow the claims to stand.\u201d). 149 Id. at 183\u201384, 224 566 The precedential and constitutional hurdles to the tort of clergy malpractice are likely insurmountable.150 Moreover, basing a standard of care on an institution\u2019s own documents could incentivize religious organizations to be intentionally vague about their policies or infuse them with more religious language to make them impenetrable by courts. Furthermore, such an approach would likely require holding certain religious congregations to higher standards, which would likely run afoul of the First Amendment by advancing or impinging certain denominations. For example, celibate Catholic priests might find themselves subject to much higher legal liability than an evangelical pastor for whom seemingly consensual sexual relationships are not taboo as a church-governance matter. While fiduciary law is a fact-intensive inquiry, this is actually a benefit compared to the malpractice approach above. Cases involving sexual abuse of adults by clergy are extremely complicated. Since most sexual activity engaged in by clergypersons is not otherwise a clear violation of a person\u2019s legal rights, and it is often the case that many married clergy meet their wives in the context of ministry, the fiduciary duty captures what separates the normal sex from the sex that violates someone\u2019s rights, namely the misuse of trust for personal gain. Given the sheer religious diversity, differences in practices, and different standards, it would seem difficult to establish a uniform approach for victims of clergy sexual misconduct and a standard method of recovery, like Short advocates. Even under Short\u2019s proposal, any standard of care would nevertheless be determined by a factual inquiry into the governing policies of a particular church or congregation. This would likely run afoul of the First Amendment\u2019s religion clauses by either stipulating objective standards for clergy or treating religious congregations differently. Thus, a tort of clergy malpractice is likely a nonstarter and collapses back into the ad hoc, factual inquiry that Short attempts to avoid. Second, one might argue that clergy sexual misconduct between adults should not be actionable because the law does not subject secular leaders to similar liability for sexual relations with followers. Thus, to treat clergy differently would be to subject religion to unique and disparate treatment.151 This position rests on a faulty premise that religious leaders are properly analogous to nonprofessional leaders of organizations, clubs, or gyms. It 150 See supra notes 33\u201341 and accompanying text. 151 See William P. Marshall, Separation, Neutrality, and Clergy Liability for Sexual Misconduct, 2004 L. REV. 1921, 1925 (\u201cRather, the conclusion that clergy should not be subject to liability for misconduct with their adult congregants is more appropriately reached through the application of a neutrality model, which would suggest that sexual misconduct in clergy\u2013congregant relationships is not actionable because current law does not subject secular leaders to similar liability for sexual relations with their followers.\u201d). 118:533 (2023) Clergy Sexual Abuse and Fiduciary Duties 567 would be beyond the scope of this paper to explore the vast philosophical and sociological literature to explain the issue with that premise. This objection can be dealt with more simply. If a secular leader engaged in the sort of behavior that clergypersons did, offering services that requires trust and dependence of the person receiving services and places that person at the mercy of the one offering those services, then he too should be liable for taking sexual advantage of his followers. The fact that there aren\u2019t many other secular roles where this is the case is already evidence of the earlier point: religious leaders often play unique roles that are not properly analogous to secular leaders or pure professionals. This objection, therefore, fails to appreciate the fact that fiduciary law is generally a religiously neutral law Adult women who cross the thresholds of churches, synagogues, and mosques should not be expected to leave their rights at the door. Abusive clergypersons who offer religious guidance in confidential settings in locations where their institutional authority is most palpable must be deemed fiduciaries and liable for inappropriate sexual contact that occurs in the contexts of such relationships. This Note explored the various approaches courts have taken in allowing\u2014or not allowing\u2014breach of fiduciary duty claims against clergypersons for sexual abuse. In so doing, it outlined why fiduciary duties remain an attractive and plausible cause of action for victims as opposed to other remedies, such as intentional torts and malpractice. It identified four different approaches adopted by courts. This Note also argued that adopting a fact-based definitional approach to finding fiduciary relationships shows why clergypersons who only provide religious guidance can nevertheless be fiduciaries and, in so doing, highlighted important factual circumstances that courts should look to in making this determination 568"}
8,215	Thomas Delventhal	Central Connecticut State University	[ "8215_101.pdf", "8215_102.pdf", "8215_103.pdf", "8215_104.pdf", "8215_105.pdf" ]	{"8215_101.pdf": "Announces Personnel, Organizational Changes Amid Misconduct Investigation Published January 22, 2019 \u2022 Updated on January 22, 2019 at 11:30 pm Central Connecticut State University announced on Tuesday it is making significant personnel and organizational changes after an investigation into allegations of misconduct by two professors. Central Connecticut State University announced on Tuesday it is making significant personnel and organizational changes after an investigation into allegations of misconduct by two professors. Watch News 24/7 Weather Blog Trump Administration Reckless on our Roads Live\u2026 2/22/25, 5:35 Announces Personnel, Organizational Changes Amid Misconduct Investigation Connecticut 1/11 The investigation focused on alleged sexual misconduct by theatre professor Joshua Perlstein and alleged misconduct by theatre professor Thomas Delventhal, school officials said. Investigators reviewed thousands of documents, emails and texts and interviewed dozens of faculty, staff and current and former students am disgusted and disheartened by the new findings indicating two of our professors repeatedly engaged in sexual misconduct and inappropriate behavior with their students. Also disturbing are the apparent failures by administrators who, over the years, did not protect our students. The findings pinpoint vital changes that are needed to ensure past misbehaviors, mistakes, and inaction are not repeated at this University,\" President Zulma Toro said in a release. In April of 2018, the school's student newspaper, The Recorder, highlighted a number of concerns and complaints about Perlstein, some of which dated back over a decade, school officials said. President Toro immediately placed him on administrative leave and hired attorneys to conduct an investigation. The investigation revealed, according to the school, that there was significant evidence that Perlstein had a history of questionable interactions with female students, that he was involved in sexual misconduct with one or more students, that he was not truthful about a period of time where he was involved in a sexual relationship with a student and that he attempted to conceal the problematic conduct because it would \"put his job in jeopardy.\" Local Many election loopholes have closed since Bridgeport investigation: official Injuries reported after car crashes into pole in North Haven At the same time as the investigation, President Toro said she appointed the Task Force on Sexual Misconduct, Bullying and Campus Climate to conduct an exam of the processes and procedures related to how sexual misconduct and bullying issues are reported and handled on campus. 8 9 2/22/25, 5:35 Announces Personnel, Organizational Changes Amid Misconduct Investigation Connecticut 2/11 After following up on student complaints about Delventhal, investigators said that he admitted to kissing five students on the neck and/or forehead over the years, was untruthful during interviews during the investigation, denied attempting to engage in any relationship with current or former students and did not admit to recently reaching out to a former student to clear the air about their past relationship. School officials said President Toro placed Delventhal on administrative leave last week and is beginning the process to dismiss both he and Perlstein. President Toro said in a release that she plans to oversee the re-engineering of the Office of Diversity and Equity and the Human Resources Department. During the process, she said she hopes to identify and adopt a reporting, monitoring and tracking system to collect and spread information and data. She said this will help assess trends, issues and look up case information. She said she also hopes to look into a new way of investigating things like sexual harassment, bullying and misconduct on campus, seek input from union leaders on how to achieve 100 percent employee participation in Title training and determine how to best incorporate education material on Title IX, bullying and civility into programs for students. Some of the changes will be guided by the final report submitted by the Task Force, she said. \u201cTo those who bravely shared their stories with our investigators am immensely grateful,\u201d President Toro said in an email to campus on Tuesday. \u201cThis has been a painful process for all of those involved am resolved to take the actions necessary to ensure our campus is a safe environment for all and to restore faith and pride in Connecticut\u2019s oldest public institution of higher education,\u201d she added. Connecticut State Colleges and Universities (CSCU) President Mark Ojakian released a statement in response to Central Connecticut State University's changes on Tuesday applaud President Toro for taking prompt and decisive action to make \u2013 and the theatre department in particular \u2013 a better, more welcoming learning environment. The reports released today identify important steps that can and must be taken to ensure that all sexual misconduct complaints are received with the utmost seriousness, thoroughly investigated, and acted upon 2/22/25, 5:35 Announces Personnel, Organizational Changes Amid Misconduct Investigation Connecticut 3/11 accordingly am beyond confident in the President\u2019s ability to oversee and implement the necessary cultural and policy changes in a thoughtful and transparent manner,\u201d he said. 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All rights reserved 2/22/25, 5:35 Announces Personnel, Organizational Changes Amid Misconduct Investigation Connecticut 11/11", "8215_102.pdf": "Dec 12, 2019 Ex student files sexual harassment lawsuit Students on the Central Connecticut State University campus in New Britain SALE! 25\u00a2 for your first 3 months Sign in 2/22/25, 5:36 Ex student files sexual harassment lawsuit 1/12 former Central Connecticut State University student has filed a lawsuit against a theater professor and the university, alleging that she was sexually harassed and emotionally abused by him and that failed to protect her. In a petition filed Monday in federal court, Brooke Emigh alleged that in 2017 and 2018, she \u201cwas the subject of severe and pervasive sexual harassment and emotional abuse by Theatre Department Professor Thomas Delventhal Article continues below this ad Baby seal, featured on Colbert show, was seen around before New Haven resc Watch More 2/22/25, 5:36 Ex student files sexual harassment lawsuit 2/12 SALE! Only 25\u00a2 for 3 months of digital access to local news \u201cThis is a case about an entire institution\u2019s deliberate indifference and abject failure to protect students like [Emigh] from calculated sexual harassment and emotional abuse by a former Faculty Member Thomas Delventhal, in violation of Title of the Educational Amendments of 1972,\u201d attorney Maria Garcia-Quintner wrote in the suit. \u201cThe University is aware a lawsuit has been filed, but we will have no further comment while the matter is being litigated spokeswoman Janice Palmer said. Delventhal could not be reached for comment Thursday. More News As Trump attacks in schools law preserves Black, Latino studies course Lack of certified teacher leaves parents of Nathan Hale 2nd graders frustrated Crash in town sends car's occupants to hospital, snaps utility pole: Police 2/22/25, 5:36 Ex student files sexual harassment lawsuit 3/12 Police in city ask for help identifying suspect in Valentine's Day robbery Three Connecticut men found guilty of drug trafficking charges, feds say Delventhal was terminated from the university in May 2019, Palmer said. \u201cHe appealed his termination and, as part of due process, the matter will go to arbitration. That hearing is scheduled to take place in February.\u201d When Emigh was cast in her first production, Delventhal \u201cused rehearsing of the play to become close to and lure Ms. Emigh,\u201d the suit said. He scheduled one-on-one rehearsals and meetings, during which he touched, hugged and kissed her and asked personal questions, the suit alleges. Delventhal \u201cwould sneak in unwanted touching,\u201d and \u201cwent to great lengths to trigger Ms. Emigh into becoming emotional,\u201d she said. 2/22/25, 5:36 Ex student files sexual harassment lawsuit 4/12 The suit also alleged that he used theater props and rolled up paper to touch her buttocks and \u201casked students to perform warmups and stretches with other students in sexual positions.\u201d He complimented Emigh and said he \u201csaw her as a daughter,\u201d she said. After allegations against another theater professor were published in the student newspaper, The Recorder, the department was \u201crattled.\u201d Delventhal then \u201cbecame erratic, at times angry and retaliatory against Emigh,\u201d she said Article continues below this ad Delventhal was placed on paid administrative leave in January 2019. That same month, the university released a report from the law firm Shipman & Goodwin LLP, which covered allegations of misconduct and the climate of the theater department. Attorneys Lisa Banatowski Mehta and Christopher B. Engler found that complaints were not properly investigated and acted upon, for which \u201cresponsibility is shared\u201d by the Office of Diversity and Equity, Human Resources, and administrators over those offices and over the Theatre Department. 2/22/25, 5:36 Ex student files sexual harassment lawsuit 5/12 \u201cThe records demonstrate that the same incidents and behaviors were were reported on multiple occasions throughout the years without much, if any, follow-up or investigation,\u201d they wrote. Mehta and Engler also investigated specific allegations against Delventhal and another professor, Joshua Perlstein, and found that \u201cit is more likely than not\u201d that both men were \u201cinvolved in sexual misconduct with one or more students while serving as a faculty member at the University.\u201d Perlstein resigned before his scheduled termination hearing in May Article continues below this ad In an interview with the investigators, Delventhal admitted to kissing students on the neck or forehead, and said he \u201cdid not see that as inappropriate or sexual in nature.\u201d Students told investigators that Delventhal asked them to share personal information with him, including \u201csometimes traumatic events in their lives,\u201d and that his classes and rehearsals included \u201c\u2018massage\u2019 circles or exercises\u201d that required physical contact between students and with Delventhal. He told investigators that he did not believe his class activities were inappropriate. 2/22/25, 5:36 Ex student files sexual harassment lawsuit 6/12 According to the report, \u201che flatly denied any relationships with students/former students and other sexual contact. He also denied any sexual comments or remarks.\u201d Emigh cited the report in her lawsuit, and said that after reading it, she \u201cwas disturbed by the affirmation that Delventhal was a predator that had been preying on her and other students. She was disturbed that had knowledge of the Theatre Department\u2019s dysfunction and of the allegations of abuse against Delventhal and Perlstein predating her harassment, and that nothing had been done by to prevent it Article continues below this ad She withdrew from the university as a result of the \u201charassment, sexual, physical and emotional that she received from Delventhal and the University\u2019s failure to protect students like her.\u201d Emigh alleged that discriminated against her and violated Title \u201cby creating and maintaining a hostile educational environment where an ongoing, severe, or pervasive pattern of sexual harassment persisted\u201d and denied her \u201cright to learn in an environment free of sexual harassment.\u201d 2/22/25, 5:36 Ex student files sexual harassment lawsuit 7/12 She is suing Delventhal for negligent and intentional infliction of emotional distress, and assault and battery. In October President Zulma Toro released documents detailing 10 years of investigations into allegations of sexual misconduct and unwanted sexual advances by faculty and staff, in response to a Freedom of Information Act request from student reporters. The records, which are publicly available, include the allegations against Delventhal and Perlstein, against one professor who is still employed by the university, and against two professors who were not found to have violated policies Article continues below this ad Toro told the Connecticut Mirror at the time that \u201cwe are changing the culture\u201d at CCSU, and that improvements had been made to the handling of sexual misconduct complaints, including hiring additional investigators, implementing new software to track complaints and increasing training on sexual harassment and misconduct for students, faculty and staff. 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By The Best Places to Buy College Apparel Make Showing College Pride Too Easy By Let's Play Pile-Up Poker Really Bad Chess Flipart SpellTower 2/22/25, 5:36 Ex student files sexual harassment lawsuit 11/12 About Contact Services Account \u00a9 2025 Hearst Media Services Connecticut Terms of Use Privacy Notice Industry Opt Out Your Privacy Choices (Opt Out of Sale/Targeted Ads) Top 2/22/25, 5:36 Ex student files sexual harassment lawsuit 12/12", "8215_103.pdf": "\uf39e \uf16d\ue61b\uf09e Enter Search Term \uf086 \uf164 \uf39e \ue61b \uf0e0 \uf02f Breaking News Feature News On-Campus Showcase Former Student Files Lawsuit Against Professor And University, Shares Story Sarah Willson, Staff Writer December 15, 2019 former Central Connecticut student who alleged sexual misconduct against theater professor Thomas Delventhal has filed a lawsuit against him and the university, according to the student and a federal court petition. According to the lawsuit from Dec. 9, Brooke Emigh \u2014 who withdrew from in January of 2019 \u2014 was \u201cthe subject of severe and pervasive sexual harassment and emotional abuse by Theatre Department Professor Thomas Delventhal,\u201d who is in the process of appealing his termination from May. Emigh said she is pursuing the lawsuit against for the institutions \u201cfailure to protect her\u201d and against Delventhal for negligent infliction of emotional distress, intentional infliction of emotional distress and assault and battery. She said is filing the lawsuit in hopes to be an inspiration to all other survivors. \u201cThis is a case about an entire institution\u2019s deliberate Trending Stories From Florence to New Britain: South Carolina at the heart of men\u2019s basketball success OPINION: Hadestown is Overrated The Owl House Ends with Poignant, Spectacular Finale Men\u2019s basketball stuns Saint Francis, wins eighth straight for first time since 2007 Men's basketball wins seventh straight after defeating Mercyhurst 73-63 at home Recent Stories Community Activist Speaks on Acknowledging Black History in American History Jayden Klaus, Lifestyle Editor \uf086 \uf164 \uf39e \ue61b \uf0e0 \uf02f This is a case about an entire institution s deliberate indifference and abject failure to protect students like [Emigh] from calculated sexual harassment and emotional abuse by a former Faculty Member Thomas Delventhal, in violation of Title of the Educational Amendments of 1972,\u201d attorney Maria Garcia-Quintner wrote in the lawsuit. The incidents began when Emigh, then a theater student, was cast in her first production. The suit said that Delventhal \u201cused rehearsing of the play to become close to and lure [Emigh]\u201d and that he scheduled one-on- one rehearsals and meetings during which he nonconsensually touched, hugged, kissed her and asked personal questions. The suit alleges that Delventhal would try to have Emigh discuss \u201ctraumatic\u201d events from her past in an attempt to get close and try to \u201ccomfort\u201d her, which included touching her on her thigh. Delventhal would also touch Emigh on the buttocks using various objects such as rolled up pieces of paper or theatre props, the lawsuit continues. In a January 2019 interview with The Recorder, Emigh recalled a time during her \u201cStage Combat\u201d class when Delventhal \u201ccame up next to [her] and hit [her] butt with a sword and laughed about it.\u201d In the same interview, she had at least 10 interactions with Delventhal where he had been \u201cvery physically touchy\u201d and gave her \u201cmany hugs, back massages and forehead kisses\u201d without consent. The suit also alleged that Delventhal invited Emigh over to his house if she got \u201clonely,\u201d called her \u201cbeautiful\u201d and \u201cirresistible\u201d and told her that any guy would be lucky to date her. Emigh said Delventhal would try to manipulate her and often tell her things like \u201cI\u2019m the only one who can help you\u201d and that \u201cother people are abusing you.\u201d Others, the lawsuit says, were harassed by Delventhal Men\u2019s basketball stuns Saint Francis, wins eighth straight for first time since 2007 Eary Banushi and Andrew Johnson From Florence to New Britain: South Carolina at the heart of men\u2019s basketball success Marcus Saunders, Staff Writer \uf086 \uf164 \uf39e \ue61b \uf0e0 \uf02f y y when he asked students to \u201cperform warmups and stretches with other students in sexual positions.\u201d In an interview on Sunday, Emigh said she left last winter because of \u201ceverything that happened\u201d and that she changed her major and is currently taking online classes because it is \u201ctoo triggering\u201d to be in a classroom. \u201cThe trauma associated with [everything] sent me into a depressed state,\u201d Emigh said had to go inpatient in the hospital to protect myself and then have been in an intensive outpatient program since June to help me as well.\u201d Emigh said she moved back home to Idaho after withdrawing from the university and developed an eating disorder, severe depression and began self-harming as a result of the trauma she faced was planning how would end my life,\u201d Emigh said have not been diagnosed with suicide ideation, an eating disorder, severe depression or severe anxiety before in my life until after what happened at CCSU.\u201d Emigh\u2019s lawsuit comes almost one year after the university released Shipman & Goodwin\u2019s investigative report into sexual misconduct allegations in the Theater Department that found Delventhal and former professor Joshua Perlstein had \u201cmore than likely engaged in sexual misconduct.\u201d After allegations were published, Emigh said Delventhal \u201cbecame erratic, at times angry and retaliatory\u201d against her. \u201cThis harassment is not okay and don\u2019t want anyone else to go through it. It\u2019s my fight to keep Delventhal out of the school so he doesn\u2019t do this again,\u201d Emigh said. \u201cNow that my mind is better don\u2019t want to see others get harassed again.\u201d CCSU\u2019s Media and Communications Officer Janice Palmer said the university is aware of the lawsuit \uf086 \uf164 \uf39e \ue61b \uf0e0 \uf02f \u00a9 2025 Pro WordPress Theme by \u2022 Log in Palmer said the university is aware of the lawsuit. Ana Kelly, who is one of many former students that came forward with allegations of sexual misconduct against former theater professor Joshua Perlstein, said she understands how filing the suit is important for closure and that she stands with Emigh \u201c100 percent.\u201d Delventhal could not be reached for comment. The Recorder The Student News Site of Central Connecticut State U\u2026 \uf39e \uf16d\ue61b\uf09e Enter Search Term \uf002 Home Staff About Submit a Letter \uf086 \uf164 \uf39e \ue61b \uf0e0 \uf02f", "8215_104.pdf": "Two professors now out after sexual misconduct investigation by Kathleen Megan June 20, 2019 @ 5:00 am Joshua Perlstein Two Central Connecticut State University theater professors investigated on suspicions of engaging in sexual misconduct with their students have left the university. Joshua Perlstein, who was hired in 1992 and placed on paid administrative leave in April 2018, abruptly resigned on May 16, shortly before a scheduled termination hearing, a spokeswoman for the college said Wednesday. Thomas Delventhal, who was hired in 1998 and placed on paid leave in January, was terminated by the university on May 24, but is exercising his right to appeal the action, the spokeswoman said. 2/22/25, 5:36 Two professors now out after sexual misconduct investigation 1/6 Thomas Delventhal Both professors were the subject of an investigation that concluded in January that each had likely engaged in sexual misconduct with one or more students. Perlstein, whose annual salary was $97,847, had been on paid administrative leave for about 13 months, a spokeswoman said, while Delventhal, who was earning $97,652 annually, was on paid leave for about four months. The spokeswoman said Perlstein has applied for retirement benefits, a process which she said is handled by the state comptroller President Zulma R. Toro, who announced plans to fire both professors in January, expressed frustration at the length of termination proceedings under the collective bargaining agreement. \u201cIt has been a long process, especially for the sexual assault survivors and the Theatre Department students and faculty. The investigation and termination proceedings have been frustrating and challenging, but we are moving forward,\u201d Toro said Wednesday. \u201cWe have learned a great deal and made significant changes in personnel, policies, and procedures \u2013 with much more to come.\u201d Toro hired the Hartford law firm, Shipman & Goodwin to investigate last spring after an April 2018 article in CCSU\u2019s student newspaper, The Recorder, revealed allegations of sexual misconduct against Perlstein. The same article also detailed a lack of administrative action when complaints were made. The investigation, which was completed Jan. 10 and entailed reviewing thousands of documents and emails, and conducting interviews with dozens of faculty, staff and current and former students, found significant evidence that Perlstein was involved in sexual misconduct with several students, including a lengthy, manipulative relationship with one student that continued after her graduation. The investigation did not provide the names of the students. It also found that the professor had a \u201chistory of questionable interactions\u201d with female students, was untruthful to investigators and attempted to conceal his 2/22/25, 5:36 Two professors now out after sexual misconduct investigation 2/6 Kileen Nadeau, left, and Anna Kelly have said they were the victims of unwanted advances from Professor Joshua Perlstein when they were students at the university. problematic conduct because he believed it would put his job in jeopardy. Following up on students\u2019 complaints about Delventhal, the investigators said that he admitted to over the years kissing five students on the neck and/or forehead, was untruthful during his investigatory interview, and denied attempting to engage in any relationship with current or former students. Perlstein said Wednesday in an emailed statement want to apologize deeply and genuinely for the harm have caused to the women who shared their stories; to my students and the faculty and staff of CCSU; and most of all to my friends and family.\u201d His full statement is below. Delventhal could not be reached for comment. Students relieved \u2014 and frustrated Several of the students who were interviewed by investigators and whose stories were told without names in the report have come forward in the past year to discuss their cases with reporters. On Wednesday they expressed relief that the professors are not employed at the university any longer along with some frustration that Perlstein had not been fired. Ashley Malloy, who says she is the student who had the long relationship with Perlstein \u2014 which lasted off and on through the last 18 months of her college career and beyond \u2014 said, \u201cUltimately think it\u2019s great that [Perlstein] is not entrusted with the education of young people anymore, specifically young women, but this is not the ending would have liked to have seen.\u201d Malloy said she would have liked to have seen Perlstein fired. The lack of that \u201cpunitive action\u201d from the university toward him \u201cis deeply upsetting,\u201d she said. 2/22/25, 5:36 Two professors now out after sexual misconduct investigation 3/6 Central Connecticut State University President Zulma R. Toro Malloy said she was coerced into a relationship with Perlstein in 2013 when he was the advisor for her senior thesis and that she feared if she broke off her relationship with him, her academic career would be derailed. The investigation details emails between her and Perlstein, she said, which document the manipulative relationship in which she felt trapped. \u201cHow do you say no to someone who has the power to alter your grades and affect the course of your future as an actor?\u201d Malloy asked Wednesday. \u201cYou are trying to live out your dream and this person is carving out the path for you and you feel like if you deviate from what he wants, it could cost you something.\u201d Anna Kelly, another former student whose report of Perlstein\u2019s sexual misconduct toward her was covered in the investigation, said \u201ca big part of me is disappointed\u201d that Perlstein was able to resign, rather than being fired. She said, however, that she has been pleased with Toro\u2019s response to the revelations felt heard and felt listened to,\u201d Kelly said. And she has been happy about the speed with which Toro has made changes on campus. In January, when the investigation was complete, Toro announced plans to reorganize the university\u2019s human resources department after evidence showed that administrators for years failed to take proper action on complaints of sexual misconduct. The university president said at the time she was \u201cdisgusted and disheartened\u201d by the findings that the two professors had \u201crepeatedly engaged in sexual misconduct and inappropriate behavior with their students.\u201d \u201cAlso disturbing are the apparent failures by administrators who, over the years, did not protect our students,\u201d Toro went on. \u201cThe findings pinpoint vital changes that are needed to ensure past misbehaviors, mistakes and inaction are not repeated at this university.\u201d Toro said she planned to appoint new leadership to the Office of Diversity and Equity, and on Wednesday a spokeswoman sent a statement saying that Nancy \u201cRusty\u201d Barcelo, who most recently worked as a diversity consultant with the University of 2/22/25, 5:36 Two professors now out after sexual misconduct investigation 4/6 Illinois at Urbana-Champaign, will join in July to lead the Office of Diversity and Equity on an interim basis. In a letter to the community, Toro also outlined other steps taken to improve the university\u2019s systems, including hiring Sibson Consulting to help reengineer the Offices of Diversity and Equity and Human Resources and hiring two more staff members for the diversity and equity office. The maximum cost of Sibson\u2019s work will be $170,000. The university is also planning to implement an institution-wide reporting, monitoring, and tracking system in the late fall to facilitate and maintain the collection of information, including complaints. And it has contracted with a company to design and administer a campus climate survey that will be done in September. Here is the entire text of Joshua Perlstein\u2019s statement want to apologize deeply and genuinely for the harm have caused to the women who shared their stories; to my students and the faculty and staff of CCSU; and most of all to my friends and family. In theatre, character is defined by what someone does under adverse circumstances. My experience at the Freedom Theatre in a refugee camp in Palestine showed me that even under the worst conditions, one can respond creatively and humanely. Bryan Stevenson, in his book MERCY, reminded me that \u201cno person should be judged by their worst act.\u201d In order to insure that knew must act creatively and give my time and energy in service of those in need. During the past 15 months have trained in Restorative Justice techniques; volunteered in Hospice care; been certified as a Court Appointed Special Advocate through the Department of Children and Families; signed on to do literacy work in prisons; and most recently was accepted into the AmeriCorps program have had meaningful discussions with my two daughters about toxic masculinity and other issues affecting relationships in the current time. Finally have sought the advice of a therapist to look deeply at the roots of my behavior. It would have been my preference to sit with those harmed in a mediated setting; to listen deeply to their stories; answer any concerns they have; and begin the process of repair with their needs in mind. In lieu of that hope that my recent work 2/22/25, 5:36 Two professors now out after sexual misconduct investigation 5/6 \u00a9 2025 The Connecticut News Project. All Rights Reserved Powered by Newspack will satisfy them. And if not hope they will contact me and let me know what more can do look back on my years at with cherished memories wish the best for all whom have impacted and all who have impacted me. 2/22/25, 5:36 Two professors now out after sexual misconduct investigation 6/6", "8215_105.pdf": "Students on the Central Connecticut State University campus in New Britain seeks to fire two professors for alleged sexual misconduct by Kathleen Megan January 22, 2019 @ 11:11 am Central Connecticut State University President Zulma R. Toro announced Tuesday that she is seeking to fire two longtime theater professors after investigators concluded that each had likely engaged in sexual misconduct with one or more students. Toro also announced plans to appoint new leadership for the university\u2019s Office of Diversity & Equity and to reorganize the human resources department after evidence showed that administrators for years failed to take proper action on complaints of sexual misconduct. 2/22/25, 5:36 seeks to fire two professors for alleged sexual misconduct 1/9 The two professors are Joshua Perlstein, hired in 1992, who was placed on paid administrative leave in April, and Thomas Delventhal, who was hired in 1998 and was placed on paid leave last week. Both professors continue to draw their salaries, which are in the $100,000 range am disgusted and disheartened by the new findings indicating two of our professors repeatedly engaged in sexual misconduct and inappropriate behavior with their students,\u201d Toro said in statement. \u201cAlso disturbing are the apparent failures by administrators who, over the years, did not protect our students. The findings pinpoint vital changes that are needed to ensure past misbehaviors, mistakes and inaction are not repeated at this university.\u201d Toro hired the Hartford law firm Shipman & Goodwin nine months ago to conduct the investigation after an article appeared in CCSU\u2019s student newspaper, The Recorder, revealing allegations of sexual misconduct by Perlstein. The same article also detailed a lack of administrative action when complaints were made. The investigation, which entailed reviewing thousands of documents, emails, and texts and interviews with dozens of faculty, staff and current and former students, found significant evidence that Perlstein was likely involved in sexual misconduct with several students, including a lengthy, manipulative relationship with one student that continued after her graduation. It also found that he had a \u201chistory of questionable interactions\u201d with female students, was untruthful to investigators and attempted to conceal his problematic conduct because he believed it would put his job in jeopardy. Following up on students\u2019 complaints about Delventhal, the investigators said that he admitted, over the years, to kissing five students on the neck and/or forehead, was untruthful during his investigatory interview, and denied attempting to engage in any relationship with current or former students. Perlstein said Tuesday he had \u201cno comment at this time,\u201d while Delventhal could not be reached for comment. Toro said she is taking the steps required by collective bargaining to dismiss both professors. She said the process involves \u201ca number of faculty panels\u201d and could take 2/22/25, 5:36 seeks to fire two professors for alleged sexual misconduct 2/9 President Zulma R. Toro as long as a year, but she doesn\u2019t expect the professors would continue to be paid that entire time. Besides appointing new leadership for the Office of Diversity & Equity, Toro said she plans to explore a new model for investigating sexual harassment, bullying and misconduct on campus, and to adopt an institution-wide reporting, monitoring and tracking system to collect and disseminate data, as well as taking other steps. Toro noted that the most recent chief diversity officer, Rosa Rodriguez, left her post on Friday for \u201cpersonnel reasons\u201d that Toro said she could not discuss. She did say that Rodriguez would be going to a new position at Capital Community College \u201cfor some time.\u201d \u201cTo those who bravely shared their stories with out investigators am immensely grateful,\u201d Toro said. \u201cThis has been a painful process for all of those involved am resolved to take the actions necessary to ensure our campus is a safe environment for all and to restore faith and pride in Connecticut\u2019s oldest public institution of higher education.\u201d Toro said she realized it may be a \u201csad day for the survivors, but at the same time think it\u2019s the beginning of a process that will help them heal and think that will be positive at the end of the day.\u201d Mark Ojakian, president of the Connecticut State Colleges and Universities, said he applauds Toro \u201cfor taking prompt and decisive action to make \u2013 and the theatre department in particular \u2013 a better, more welcoming learning environment.\u201d He said the reports identify important steps needed to ensure that \u201call sexual misconduct complaints are received with the utmost seriousness, thoroughly investigated, and acted upon accordingly am beyond confident in the President\u2019s ability to oversee and implement the necessary cultural and policy changes in a thoughtful and transparent manner.\u201d 2/22/25, 5:36 seeks to fire two professors for alleged sexual misconduct 3/9 troubled theater department The investigators paint a picture of a theater department that is rife with tension and conflict among professors, while also quite informal. Those interviewed said that students and some faculty frequently socialize at parties or other gatherings where alcohol is consumed. In addition, those interviewed raised concerns with investigators about the \u201cpropriety\u201d of some theater class exercises, such as massage circles. \u201cIt appears as though the informality of the department has led to a climate in which personal space and boundaries are not respected,\u201d the report said. Faculty, administrators and students reported that there were \u201d rumors\u201d about relationships between professors and students for years, which they believe have not been properly addressed, the report said. The report includes concerns that Rodriguez, the most recent chief diversity officer, as well as her predecessors, are \u201cnot welcoming or friendly, and in some cases intimidating and/or lacking follow through.\u201d The investigators said the office is not fulfilling \u201cthe crucial function of receiving, investigating and addressing complaints.\u201d In addition, the investigators found that Human Resources officials failed to interview complainants or witnesses about alleged misconduct involving theater faculty members. Rodriguez\u2019s office referred questions about the report to the university\u2019s public relations office. In at least one case, the report said, a former human resources officer named Anne Alling contacted a relevant potential witness and then later sent the same individual an email indicating that an interview was no longer required, even though the concern still existed and the faculty member remained employed at the university. In two other cases, another former Human Resources officer, Lou Pisano, failed to interview a relevant student witness before making a determination on the matter. 2/22/25, 5:36 seeks to fire two professors for alleged sexual misconduct 4/9 Had the human resource office conducted further inquiry in those cases, the report said, \u201cthe outcome may have been substantially different and more significant prior discipline issued up to and including termination of the professor\u2019s employment.\u201d The report also said that it is troubling that other high level administrators did not take action to prevent a recurrence. The report says that a former dean and provost, Susan Pease, in setting goals for the theater department in 2014, said that faculty needed to \u201cshape up,\u201d adding that \u201cshape up means: 1) they have to stop sleeping with students 2) they have to stop yelling at students and each other,\u201d and several other goals including putting \u201con shows that people want to see.\u201d \u201cDespite the fact that she was aware of these complaints, she did not effectively address them,\u201d the report said. Pease, who retired last February, said in an email Tuesday that the \u201cgoals\u201d were sent \u201cin an informal email to the acting chair of Theater had recommended for appointment and represented my frustration with the department.\u201d Students described Perlstein as \u201ccreepy\u201d The report says nearly all of the students interviewed used the word \u201ccreepy\u201d to describe Perlstein and reported that he routinely conducted warm-up exercises, improvisations and visualizations in class in which he sometimes asked students to imagine themselves naked or act out words representing various sexual activities such as \u201csex\u201d and \u201corgasm.\u201d Several students said they told investigators that at times they caught Perlstein looking at them during these exercises in ways that made them feel uncomfortable. Current and former students also told investigators that Perlstein would make comments about their weight, body parts and sexuality. He told one student she was not \u201csexual enough\u201d to play a certain role. He also told that student, \u201cYou walk into a room and your tits are like bam.\u201d Some told investigators that Perlstein seemed to deliberately choose plays that included sexual themes or nudity. 2/22/25, 5:36 seeks to fire two professors for alleged sexual misconduct 5/9 The report tells of two instances in which Perlstein was accused of kissing students. The first was in the 1990s, when the student alleged that Perlstein approached her from behind and tried to kiss her on the lips while she stood outside the Black Box Theater at CCSU. The student managed to turn her head so the kiss landed on her cheek, according to the report, but Perlstein allegedly whispered to her that she should \u201cnot attempt to pull away when [he is] trying to kiss her few weeks later the student confronted Perlstein and told him that he had made her uncomfortable and he should never attempt to do that again. The student told investigators that Perlstein was most concerned during that exchange about whether she had reported the incident to the university. The report said that during his interview with the investigators, Perlstein denied engaging in the alleged conduct or said it was the result of a \u201cmisunderstanding.\u201d In the case involving the student outside the Black Box theater, the report said Perlstein claimed \u201che was merely trying to congratulate her after she allegedly told him that she was \u2018getting married.\u2019\u201d The investigators said this is not \u201ccredible given the fact that the student was already married when she enrolled in the university a few years earlier.\u201d Perlstein also disputed the account of a student in which he was found by to have engaged in \u201cinappropriate behavior/sexual harassment.\u201d The student accused him of kissing her, hugging her and touching her buttocks. Perlstein said he had been having an \u201cemotional\u201d not \u201csexual\u201d conversation with her and kissed her on the cheek, but he denied touching her buttocks. According to Perlstein, the staff member at the time told him that \u201cif we call it sexual harassment, it will go away.\u201d Perlstein claimed that he was told that otherwise, there was a \u201chigh likelihood\u201d that the matter would be pursued with authorities by the student\u2019s \u201ccrazy father,\u201d the report said. Perlstein therefore accepted the findings of the report because he thought it would end the inquiry, according to the Shipman & Goodwin report. Anna Kelly, who was the student in this incident and is now in her mid-30s living in Hartford, said she is encouraged to know the report will be \u201ca catalyst to move the 2/22/25, 5:36 seeks to fire two professors for alleged sexual misconduct 6/9 school forward \u2014 that it\u2019s going to bring about actual change and actual consequences for these people who have gone unchecked and unpunished for a long time.\u201d In his interview, the report said, Perlstein admitted that he engaged in a consensual relationship with a student he was teaching and advising in 2013, but claimed it was limited to a one or two weeks while he was advising her. But the report said that \u201csubstantial electronic communications\u201d between the professor and the student demonstrate that their inappropriate relationship lasted for \u201can extended period of time\u201d from 2013 until the summer of 2014 when the student graduated, with some breaks along the way. In August 2013, Perlstein was disciplined by the university for having a relationship with a student he was teaching and advising but the report says it is clear that both before and after that, Perlstein continued to advise, assist and direct activities involving the student. Perlstein said the relationship with the student, whether before or after she graduated, was consensual and not coercive, the report said. But the student told the investigators that she did not believe the relationship was \u201cfully consensual on her part.\u201d Because Perlstein was her adviser for her honors thesis, the student told investigators she believed she needed his assistance to successfully complete her project and graduate. \u201cShe claims that she felt as though she had no choice but to capitulate to his demands,\u201d the report said. Evidence of their ongoing relationship can be found in multiple texts included in the report including one from early 2014, the report said, in which Perlstein says, \u201cSorry about attacking your butt \u2026 it was aggressive and wrong \u2026have a swell day. Love yoi [sic] \u201d The texts included in the report depict a controlling and manipulative relationship in which Perlstein tried to keep the relationship going while the student tried to break it off, but feared that doing so might harm her academic and theater career. 2/22/25, 5:36 seeks to fire two professors for alleged sexual misconduct 7/9 \u201cThe extensive communications demonstrate that he engaged in a long-term sexual relationship significantly beyond what any reasonable person would view as appropriate between a professor and student,\u201d the report said. The report said further that the text messages demonstrate that Perlstein was aware his actions were wrong. Ashley Malloy, who has identified herself as the young woman who had the long relationship with Perlstein and who is now in a graduate school theater program in San Francisco said the reports offers \u201csome relief that the truth is finally coming out but the fact that it\u2019s this long overdue definitely doesn\u2019t take the sting out of what has happened.\u201d \u201cTo just read in no uncertain terms the extent to which the administration was aware of what was going on,\u201d Malloy said, \u201cis so disheartening and destroyed whatever little bit of faith had left in the institution.\u201d But she said she does applaud Toro\u2019s actions. Delventhal admits to kissing at least five students During his interview, Delventhal admitted that he probably kissed at least five students on the neck and forehead. Delventhal told investigator that this was a way of expressing his endearment for a student and explained that this was the manner in which he was kissed by female members of his family. He said he did not see it as inappropriate or sexual in nature. However, at least one student told investigator that his kisses made her uncomfortable. The investigators found that Delventhal \u201cknew or should have known\u201d that such contact was inappropriate and not in compliance with university policies. Editor\u2019s Note: This story was updated at 4:28 p.m. 2/22/25, 5:36 seeks to fire two professors for alleged sexual misconduct 8/9 \u00a9 2025 The Connecticut News Project. All Rights Reserved Powered by Newspack 2/22/25, 5:36 seeks to fire two professors for alleged sexual misconduct 9/9"}
7,805	Malcolm Woodfield	University of Pennsylvania	[ "7805_101.pdf", "7805_102.pdf", "7805_103.pdf", "7805_104.pdf", "7805_105.pdf" ]	{"7805_101.pdf": "377 804 027 988 Sandler, Bernice Resnick, Ed. About Women on Campus. 1994. Volume 3. Numbers 1-4. Center for Women Policy Studies, Washington, D.C.; National Association for Women in Education, Washington, DC. Marriott Corp., Bethesda, MD. Education Services Div. ISSN-1061-768x 94 82p. National Association for Women in Education, 1325 18th St., N.W., Suite 210, Washington 20036-6511 ($20 annual subscription). Collected Works Serials (022) About Women on Campus; v3 n1-4 1994 MF01/PC04 Plus Postage. Campuses; College Administration; College Faculty; College Students; Court Litigation; Equal Opportunities (Jobs); Females; Higher Education; Legal Problems; Sex Discrimination; Sex Fairness; Sexual Abuse; Sexual Harassment; Women Administrators; Women Faculty; Womens Athletics; Work Environment Academic Community; Supreme Court Four issues of a quarterly newsletter address programs, issues, and concerns of women students, faculty and administrators in higher education. Each issue contains many brief reports on events, news, litigation, legislation, and campus programs on the following topics: sexual harassment, working in academe, news from around the campus, sexual assault, women in athletics, and resources (conferences, new programs, publications). Final pages contain Job Line listings of positions open at colleges and universities around the nation. The Winter issue leads with a report on a Supreme Court ruling that makes sexual harassment easier to prove. The Spring issue includes a chronology of important events in the history of sexual harassment education, a section reporting on campus violence, and introduction of a new regular feature on the . National Identification Program which identifies and supports women with the potential to advance in higher education administration. The Summer issue includes an article on the Center for Women Policy Studies. The Fall issue contains a money watch section with several reports on damages and legal costs to several institutions in sexual harassment cases. It also contains sections on women in science and women in academe overseas. (JB) ********************************************************************** Reproductions supplied by are the best that can be made * from the original document. *********************************************************************** \\i 8 Utirce of EducattOnal Research and improvement CENTERERIC) Thos document has been reproduced as reserved Icorn the person Of orgentzatron ortginatmg ,1 C1)vat<or changes nave been made to tmotove eo,ocluct.on owthty Po.rtis of vew or op.ntorts stated In this Oocu rnent do not neCeSsartly represent 0111c.al POSMOn Or policy National Assoc for _Women in Education In a unanimous decision made only 27 days after hearing a case, the U.S. Supreme Court has ruled that a person who claims sexual harassment on the job need not prove that she (or he) was psy- chologically damaged or unable to do her job in order to prove sexual harassment. In the first case to ex- pand upon the court's 1986 ruling on workplace sexual harassment and the definition of a \"hostile envi- ronment,\" Justice Sandra Day O'Connor, who wrote the leading opinion, stated, \"When the work- piace is perme ted with 'discrimi- natory intimidation, ridicule and insult' that is 'sufficiently severe or pervasive to alter the conditions of the victim's employment and create an abusive environment,' Title is violated.\" Title of the Civil Rights Act of 1964 protects employees from discrimination on the basis of race, color, religion, national origin and sex. All educational institutions are covered. The court noted that while a merely offensive remark may not be sufficient to create a hostile or abusive environment, a discrimina- tory environment that a reasonable person would find hostile or abu- sive \"can and often will detract from employees' job performance, discourage employees from re- maining on the job, or keep them ((All \\is Sexual Harassment 1 Working In Academe 3 From Around the Campus 7 Sexual Assault 9 Women in Athletics 11 Resources 12 from advancing in their careers.\" Justice O'Connor also wrote that the courts should look at a num- ber of factors to determine whether harassment occurred: frequency, severity, whether the behavior was threatening or humiliating, and whether it unreasonably interfered with the person's work, adding, \"But while psychological harm, like any other factor may be taken into account, no single factor is re- quired.\" The decision makes it easier for employees to prove discrimination, to reduce the number of cases in which defendants raise the psycho- logical damage issue and where courts allow extensive information about a plaintiff's past and current psychological and medical records. Teresa Harris, a manager of a truck leasing firm, claimed sexual harassment when the company's president made sexual remarks to her (such as proposing to discuss her salary at a local motel lower 0 3 145 court agreed that the behavior was crude and vulgar but denied it was harassment, because there was no evidence that Harris had been psy- chologically damaged. The case, Harris v. Forklift Svs- tents, is also important in determin- ing how sexual harassment and a hostile environment affecting stu- dents will be evaluated. Both the courts and the U.S. Department of Education (which enforces Title IX, the law prohibiting sex dis- crimination by educational institu- tions and which covers employees and students) look to decisions and concepts developed under Title Good News Two federal courts in Califor- nia have stated that Title IX, the law that covers sex discrimination in education, covers hostile environ- ment sexual harassment. Although courts have affirmed that Title covers harassment when faculty or staff members have pressured stu- dents for unwanted sexual activity, these may be the first cases in which the courts have stated that harass- ment which creates a hostile envi- ronment for students is covered by Title IX, which prohibits discrimi- nation on the basis of sex in colleges and universities receiving federal funds. These two cases, decided be- fore the U.S. Supreme Court deci- sion in Harris v. Forklift Systems, confirm the interpretation of Title by the Office for Civil Rights of the Department of Education has been interpreting Title to cover hostile environment, bas- ing this interpretation on the case law involving sexual harassment developed under Title of the Civil Rights Act, which prohibits employment discrimination on the basis of race, color, national origin, religion, and sex. The first case involved a male teacher in the Berkeley Unified School District who was accused of molesting two female students while he lived with their mother. The students are claiming that the teacher's continued presence in the 2 Women's Issues Project National Association for Women in Education Suite 210, 1325 18th Street Washington 20036-5511 Project Director: Patricia A. (arrant Editor: Bernice Resnick Sandler Business Manager: Patricia Rueckel The Women's Issues Project of the National Associa- tion for Women in Education publishes the quarterly newsletter About Women on Campus in cooperation with the Center for Women Policy Studies to provi,le information about programs, issues. and concerns of women students. faculty, and administrators. Asso- ciation members receive About Women on Campus as part of their S65 membership fee. Individual sub- scriptions are S20 for one year and S35 for two years. Institutional subscriptions are $28 for one year and S50 for two years. ISSN: 1061 768X Application to mail 2nd class postage rate pending at Washington. DC. Postmaster: Send address change to About Women on Campus, 1325 18th Street NW, Suite 210, Washington 20036-6511 Volume 3, Number 1 1994 r(' 1994 by the National Association for Women in Education The National Association for Women in Edut ation is an independent nonprofit professional organization dedicated to the education and professional and personal development of women and girls An impor- tant force in American education for more than 75 years. the Association is at a crossroads. serving new populations, expanding its services, and developing new and innovative programs to meet the ever- changing needs of women in education. The National Association for Women in Education does not discriminate oh the basis of race. color. national origin, religion, sex, age. affectional or sexual orientation. or disability in any of its policies. proce- dures. programs, or practices Published with Support from the Marriott Corpora tion. Education Services school constituted a hostile envi- ronment for them. The case. Patricia H. v. Berkeley Unified School District, was decided on July 21, 1993, in the U.S. District Court for the Northern District of California. Bad News The second case, in the same district, which involved a student who was subjected to harassment by other students in the seventh and eighth grades, alleged that the school did not respond to her nu- merous complaints about the be- havior. Although the court found that Title does prohibit hostile envi- ronment sexual harassment, it also stated that in order \"to obtain dam- ages under Title (as opposed to declaratory or injunctive relief), one must allege and prove inten- tional discrimination on the basis of sex by an employee of the educa- tional institution. To obtain dam- ages, it is not enough that the insti- tution knew or should have known of the hostile environment and failed to take appropriate action to end it.\" Proving \"intentional discrimi- nation\" in instances of hostile envi- ronment discrimination is more dif- ficult than proving that the institu- tion knew or should have known about the problem and taken steps to end it. If upheld by higher courts, this decision would require a higher standard of proof in cases seeking compensation for damages because of school hostile environment sexual harassment than is required in cases involving a hostile envi 4 1994 ronment for employees under Title VII. In the latter, the standard is that the employer knew or should have known of the hostile environment and failed to take action to end it. The decision in Jane Doe v. Petaluma City School District, reached on August 30. 1993, ap- plies only in the area covered by the U.S. District Court for the Northern District of California and does not affect enforcement by the U.S. De- partment of Education $130,000 Two Butte College (CA) counselors who complained over a period of several years about ha- rassment from the same supervisor have agreed to a settlement in which each will receive $65,000, one year's leave with full medical benefits, and stress counseling. The supervisor has been re- moved from his job. The California Community College Association and the California Teachers Asso- ciation played a prominent role in resolving thecase, which was the first sexual harassment case filed against a California community college $75,000 student who claimed she had been sexually harassed by the senior vice president for business affairs at the College of Charleston (NC) was paid $75,000 by a slate insurance fund. J. Floyd Tyler, ac- cused of making sexual advances toward the student, denied the alle- gations and retired shortly there- after Cornell University (NY) an- thropology professor Thomas Lynch retired after being found guilty of violating the university's policy on sexual harassment. The professional ethics committee rec- ommended firing, but Lynch re- tired before the penalty was imple- mented. Music professor Einar Jeff Holm is no longer teaching at Ithaca College world-renowned cellist, Holm was accused by past and current students of sexual ha- rassment and abuse of power. No further details were forthcoming from the school. Tenured professor Jiri Valenta of the University of Miami's Graduate School of International Studies was fired by a unanimous vote of the board of trustees. Valenta was accused of sexual mis- conduct by seven women, includ- ing a fellow professor in the gradu- ate school who stated that Valenta threatened to destroy her career if she did not submit to his sexual advances. He was also accused of propositioning other women and grabbing their breasts and buttocks Future college students who come from Minnesota are likely to have a better understanding of sexual harassment than their peers from other states. The Minnesota State Board of Education has ap- proved an elementary and second- ary curriculum for students from kindergarten through high school, dealing with harassment, espe- cially peer-to-peer harassment $260,000 Harvard University has agreed to settle a six-year-old suit filed by Clare Dalton, a law profes- sor who charged she was denied tenure in 1987 because of her gen- der and her work in critical legal studies. Dalton's award will go to a new Domestic Violence Institute, which she will head at Northeastern Uni- versity (MA), where she is a ten- ured professor. The money from the settlement will be used to train law students in the Boston area, including Harvard students, and to support research. Dalton says she feels vindicated because \"Harvard is paying the price for gender dis- crimination\" and that the money is going to \"a community of women who suffer the worst kind of dis- crimination that society can dish out.\" Dalton is married to Robert B. Reich, Secretary of Labor. Of Harvard Law School's 57 tenured faculty, only four are women. When Dalton filed her complaint in 1987, there were five tenured women 1994 3 Seven years after she became the first person ever to be denied tenure in the University of Califor- nia at Berkeley department of math- ematics, Jenny Harrison has finally won tenure. As a result of a lawsuit filed in 1989, charging the univer- sity with sex discrimination, Harrison was asked to reapply for tenure. This time, the tenure review committee consisted of scholars from both Berkeley and other col- leges, who recommended that she be given tenure campus commit- tee had previously held 80 hours of hearings concerning her allegations and concluded there was no dis- crimination. Several professors in her depart- ment have attacked her appoint- ment in e-mail messages sent to mathematicians around the coun- try. The vice chancellor met with six professors, asking them to stop the messages, but they claim they are simply setting the record straight Efforts to establish an en- dowed chair in the name of Anita Faye Hill at the University of Okla- homa, where she teaches, have met with opposition. Approved 5-2 by the University's regents, the chair, which would provide money for salaries, research, and travel to study the rights of women in the workplace, must be approved fi- nally by the state legislature group of Minnesota women have raised over $127,000 from thou- sands of women and men all over the country. The money is required for funding part of the endowment. Representative Leonard Sul- livan (R) has proposed a bill that would limit out-of-state funding for endowed chairs and has proposed ending the endowment program en- tirely to avoid creating a professor- ship in Hill's name. The chair is the first of 75 previously endowed to be contested. Hill challenged Clarence Thomas's nomination to the Su- preme Court, accusing him of sexual harassment Women chemists appear to be more vulnerable in the job market than men. According to a survey recently conducted by the Ameri- can Chemical Society, the unem- ployment rate for women was 6.3 percent, compared to 3.5 percent for men. Women were over three times more likely than men to be employed part time and were also more likely to be post-docs or on other fellowships. For further information, contact the American Chemical. Society, 1155 Sixteenth Street, NW, Wash- ington 20036 Leigh Segel, a research bio- chemist at Davis Medical School, has charged the school with gender discrimination. The law- suit, which focuses on the medical school's hiring policies, claims that women have been steered to \"non- secure, non-state-funded profes- sional research positions\" while men have been hired for the \"se- cure, state-funded professor\" posi- tions, and that \"closed hiring prac- tices\" have been used. The suit has been endorsed by the Association for Women in Sci- ence and the American Association for University Women's Legal Ad- vocacy Fund, which is helping to support the lawsuit. For further information, contact the Support Committee for Leigh Segel, c/o Donna Lagarias, 11853 Imperial Avenue, Davis 95616 Life on the Other Side of the Tenure Track documents the status of non-tenure-track instructional staff at the University of Michigan, where they are nearly one third of the total faculty. Women are 20 percent of the tenure-track faculty but 46 per cent of those not on tenure track. The report covers the growth of instructional faculty, gender distri- bution, participation in faculty gov- ernance, and responses to the in- crease in non-tenure-track faculty. Although it does not include recom- mendations for change, the report nevertheless offers a model for schools wishing to address this issue. Copies are available at no cost from the Faculty Senate Office 1994 University of Michigan, 4008 Fleming Building, Ann Arbor 48109. or by calling (313) 764- 0303 The U.S. Census Bureau re- ports that one out of five preschool children are taken care of by fathers while their mothers work. Al- though the study did not ask why fathers provide care, author Martin O'Connell attributed the increase to rising unemployment, high child- care costs, increased part-time or shift work by either parent, and changing social attitudes. The study surveyed 2,770 moth- ers in the workplace. Twenty-two percent of the women were manag- ers or professionals In 1975, only 148 women served as heads of U. S. colleges and universities. By 1992, the total more than doubled to 348, or 12 per cent of the total. Women in Presi- dencies summarizes data about these women; the types of institu- tions they head; their personal, edu- cational, and professional back- ground; how they became presi- dents; perceptions about their presi- dency; and their future plans. Published by the Office of Women in Higher Education, the 115-page book was written by Judith G. Touchton, Donna Shavlik, and Lynne Davis. It is available for $17.50 from ACE, One Dupont Circle NW, Washing- ton 20036 Published by the Commission on Women at the University of Min- nesota, this guide provides an over- all plan to improve the campus cli- mate for faculty women. Current university statements, policies, and MI11 1.1.. National Association for Women in Education 1994 2-5, 1994 1325 18TH 210 20036 (202)659.9330 resolutions are included, but the bulk of the 95-page booklet consists of easy-to-use resources: tip sheets, checklists, case studies, and strate- gies for recruiting, building institu- tional accountability, and imple- menting commission goals short multicultural guide to the Twin Cit- ies communities is also included. The booklet will be of direct use as well as a model for campuses wishing to develop a similar book- let. Copies cost $2.50 from the Commission on Women, Univer- sity of Minnesota, 410 Morrill Hall. 100 Church Street SE, Minneapo- lis 55455 This book provides a solid overview on reappointment, pro- motion, and tenure decisions and integrates legal, educational, and personnel perspectives on these is- sues. Along with specific cases and examples, it also discusses ration- ales courts use in adjudicating these cases, ways in which colleges and universities can reduce the likeli- hood of such cases, peer review, confidentiality, and criteria for de- cisions. Written by Terry L. Leap, the 213-page book is published by Press, School of Industrial and La- bor Relations, Cornell University, Ithaca 14853-3901, and costs $16.95 in paper 1994 5 7 For those beginning to learn about the law or for someone whose knowledge has become rusty, this book provides much useful infor- mation. It summarizes federal laws that prohibit employment discrimi- nation on the basis of race, color, religion, national origin, sex, age, and disability. The book briefly discusses such major area= as dis- parate impact, affirmative action, and the role of intent, and also cov- ers Title of the Civil Rights Act, the Age Discrimination in Employ- ment Act, Title of the Americans with Disabilities Act, and the Equal Pay Act. Title IX, which covers employees as well as students in educational institutions, is not in- cluded. The 96-page book, written by Michael Evan Gold, costs $8.95 in paper and is available from the Press, address at the end of page 5 Erase the Bias Pay Equity Guide to Eliminating Race and Sex Bias from Wage Setting Systems is a technical \"how-to\" manual de- signed to guide personnel staff, union activists, employees, and others as they examine how their workforce may be segregated by sex and race and determine if sala- ries for jobs held predominantly by women or people of color are lower because of sex or race. The 76-page manual plots the steps necessary to conduct a pay equity study, including how to com- pare jobs, how to determine if pay differences are due to legitimate factors or to bias, and what to do about all of this glossary, bibli- ography, and appendices are also included. Written by Lynda Ames, the guide is published by the.National `Committee on Pay Equity, 1126 16th Street NW, Suite 411, Wash- ington 20036 and costs $15.99 for nonmembers. Bulk discounts are available The new family and medical leave act has been in effect for most employers since August 5, 1993. For schools with unions, the date may depend on the collective bar- gaining agreement. Men and women can take up to 12 weeks of unpaid leave every year to care for newborn or adopted children; to care for children, parents, or spouses who have serious health conditions; and to recover from a serious health condition. After leave is concluded, the law requires the employer to return the employee to the same or an equivalent job with the same pay, benefits, and conditions. Institutions with 50 or more employees are covered. Employees are covered if they have worked for the employer for at least one year and for at least 1,250 hours in the previous year. Employers can re- quire medical certification for leave, and are required to pay em- ployees' health insurance premi- ums, if they normally do so. Should a worker not return, the employer may be able to recover the cost of the premiums, unless the reason for failure to return to work was con- tinuation of a serious health prob- lem or conditions beyond employee control. The Act is enforced by the De- partment of Labor's Wage and Hour Division. For further infor- mation, contact the Women's Legal Defense Fund, 1875 Connecticut Avenue NW, Suite 710, Washing- ton 20009, for the following publications Guide to Using the Family and Medical Leave Act: Questions and Answers, a comprehensive look at the law and answers to fre- quently asked questions, $4.95. State Laws and Regulations Guaranteeing Employees Their Jobs After Family and Medical Leaves, $3.95. Coming soon new look for our newsletter 6 0 1994 BROTHERS...AGAIN?\" So read a fraternity flyer invit- ing student and alumni members to a mock war with paint-ball games. The invitation was mailed by an alumnus of Lambda Chi Alpha at the University of California at Northridge without the approval or knowledge of either the local frater- nity or the national office. Unlike some fraternities which might justify such a flyer, both the national office and the local chapter of Lambda Chi condemned it. When the flyers arrived, fraternity members complained immediately to the national office, which then reported the flyer to university offi- cials, disavowed it, and promised to apologize to all who received it Lambda Chi official at the national office in Indianapolis stated, \"Any- thing that promotes this kind of at- titude goes against everything we stand for.\" At the same campus, other fra- ternities had been criticized earlier for offensive songbooks and for a party in honor of \"Lupe,\" a ficti- tious character who appeared in the songbook as \"Lupe, the Mexican whore.\" Both incidents led to many angry discussions and campus pro- test marches, which apparently sen- sitized some members of the Greek community The women's caucus of the law school at Northeastern Univer- sity (MA) are pressing for student heath insurance to cover abortions. The policy covers pregnancy but does not specifically state that abor- tions are not covered. Students typi- cally are unaware that abortion is not covered until an abortion is sought. The University's response? Adding a question to its annual fall survey of students to help it decide what to do. Coverage of abortion varies among institutions. Student health insurance plans at Harvard Univer- sity and the cover abortion, although at Harvard, students who object to abortion on moral grounds can request a rebate on that portion of the health fee that would pay for abortion Over the 14-year period 1977 to 1991, the number of women earning master's degrees increased by 27,000, while the number for men decreased by 16,000. Cur- rently, 54 percent of master's de- grees are earned by women; in 1977. 53 percent were earned by men. Although 27 percent of all master's degrees awarded in 1991 were in education, the number of women receiving these degrees has dropped by 18 percent since 1977. In contrast, the number of women receiving master's degrees in engi- neering has grown by 390 percent --from 720 degrees in 1977 to 3,529 in 1991. Similarly, the num- ber of women earning master's in business rose from 6,664 in 1977 to 27,489 in 1991, an increase of 313 percent. With the exception of Asian- American women, who earn fewer master's degrees than Asian- American men, women earn more master's degrees than males who share their ethnicity or race. The data come from \"Trends in Degrees Conferred by Institutions of Higher Education: 1984-85 Through 1990-91 93- 356), which is available from the author, Frank Morgan, at the Na- tional Center for Educational Sta- tistics, 555 New Jersey Avenue NW, Washington 20208, 202 219-1779 When a survey of full-time faculty revealed that gender issues needed to be addressed, the Depart- ment of Medicine at Johns Hopkins University School of Medicine re- sponded quickly. Interventions have included formal evaluation of the sta- tus of women by a departmental task force Dissemination and discussion of the survey results at meetings of division directors, faculty, and house staff to identify issues and develop support and solutions 0 1994 7 9 Use of highly respected indi- viduals in the department to lead activities aimed at reducing gender bias Establishment of an office of faculty and organization develop- ment, directed by a trained profes- sional available for individual con- sultation monthly colloquium for women faculty and fellows to dis- cuss issues related to gender, in- cluding mentoring and profes- sional development Half-day sessions for small groups led by an outside L. onsultant Development of a guide for criteria for mentoring Development of guidelines by the promotions committee for evaluating mentoring by faculty and using mentoring as a key crite- rion in promotion Increased participation of women faculty in planning and run- ning departmental events. These and other activities are summarized in the summer 1993 issue of \"Women in Medicine Up- date\" published by the Association of American Medical Colleges, 2450 Street NW, Washington 20037-1126 fuller discus- sion appeared in Academic Medi- cine, May 1993. For further infor- mation, contact Emma Stokes at Johns Hopkins University School of Medicine, 410 614-1211 Fraternity residents consume an average of 20 drinks a week, compared to the 8 drinks consumed each week by other male students. Women living in sorority houses drink less than fraternity house resi- dents but still consume more than other women. Sorority residents average 6 drinks a week; other women drink only 3. The Institute for Alcohol and Other Drug Studies at Southern Illinois University defined a drink as 12 ounces of beer, 4 ounces of wine, or 1.5 ounces of liquor. The study was based on a survey of about 58,000 students, including responses from 438 sorority house and 568 fraternity house residents. The higher incidence of rape during fraternity-related activities may be linked to the higher alcohol consumption. Alcohol is often in- volved in campus rape One campus activity rarely examined in terms of gender differ- ences is course selection. The Radcliffe News studied gender dis- tribution in the \"Top 10\" most popular courses at Harvard. Women's enrollment ranged from a low of 28 percent for \"European Intellectual History, 1900 to the Present\" to approximately 61 per- cent for \"Chinese Family, Marriage and Culture.\" The most popular course, \"Principles of Economics,\" was second lowest for women; only 35 percent of the students were fe- male. The least favorite for women among the four science courses in- cluded in \"Top 10\".were \"Organic Chemistry\" and \"Matter in the Uni- verse.\" The figures do not take into ac- count that 41 percent of the under- graduates at Harvard-Radcliffe are women ten-year longitudinal study of 81 high school valedictorians has revealed several characteristics on which the men and women differ by gender, particularly in intellectual self-esteem and career aspirations. Although the male and female par- ticipants earned equally high col- lege entrance examination scores and grade-point averages, and though the women were as success- ful as men in gaining academic hon- ors, merit-based scholarships, and undergraduate research and teach- ing assistantships, women experi- enced a marked drop in intellectual self-esteem, especially between senior year of high school and sophomore year of college. Al- though 21 percent of the women (in contrast to 22 percent of the men) described themselves as far above average in intelligence as they en- tered college, not one woman de- scribed herself that way in her se 0 1994 nior year (compared to 25 percent of the men who did second gender difference, ac- counting in part for the greater attri- tion of women from math and sci- ence, was women's persistent con- cern about combining career and family. Many of the women per- ceived intensive career involve- ment to be incompatible with fam- \", responsibilities. As college se- niors. two-thirds of the women (but none of the men) planned to reduce future labor participation because of family. One group of women aspiring to prestigious professions expected relatively continuous labor force participation: the second group as- pired to less prestigious vocations and expected to design their work around future family obligations. The study showed that women who aspired to high vocational levels were separated from less profes- sionally ambitious women by work and family values rather than by ability, family background, and college experiences. The study, \"Academic Achieve- mentA View from the Top: The Illinois Valedictorian Project,\" was conducted by Karen D. Arnold. Copies are available from the North Central Regional Educational Laboratory. 1900 Spring Road, Suite 300, Oak Brook 60521- 1480 Undergraduate members of the Fly Club at Harvard University have voted to allow women to join. This is the first of Harvard's nine all-male clubs to do so. The club board must approve the measure, something it turned down in 1989. Harvard severed its official ties with the all-male clubs in 1986 be- cause they do not admit women. About 5 percent of Harvard's 4,000 male undergraduates are members. Shortly before the vote, over 200 women students signed a peti- tion urging a boycott of the clubs' social activities. Many of the clubs hold parties where women are wel- come. although they may not join the clubs The Center for Women Policy Studies has received a second grant to underwrite its new classroom climate project. The Fund for the Improvement of Postsecondary Education (FIPSE) is supplement- ing funds already received from the Lilly Endowment for the project, which will produce a guidebook describing how differential class- room behaviors toward women and others, along with certain teaching styles and curricula, can create a chilly learning climate for all stu- dents. These factors will also he examined for their impact on women of color. The guidebook will provide in- div; dual and institutional strategies to increase the participation of all students, especially women, and to improve faculty evaluation as it re- lates to teaching style and climate issues. If you know of resources, re- search, examples of teaching strate- gies or institutional strategies, to increase participation of women and other students or have any other related information, write or call Bernice R. Sandler, Center for Women Policy Studies, 2000 Street NW, Suite 508, Washington 20036, 202 872-1770. The report will be written by Sandler and Roberta M. Hall. who together wrote \"The Classroom Climate Chilly One for Women\" in 1982 student who had been gang raped by three male students at a Sigma Chi party has agreed to a settlement with Colgate and the fra- ternity. Kristina Bruxton charged that the university had been lax in enforcing underage drinking regu- lations. Terms of the settlement were not disclosed. Under a sepa- rate charge, the three men pleaded guilty to criminal charges of sexual misconduct 1994 9 11 Antioch College's policy requ,ring students to obtain verbal consent for each le\\ el of sexual behavior has been the subject of countless articles, many of them poking fun at it. Developed by students in the context of Antioch's \"community governance,\" the policy was widely discussed before it was adopted. One incoming student who learned of the policy at orientation was quoted as saying that if he had to ask, he wouldn't get what he wanted, a remark that unwittingly indicated the value of the policy. The following may be helpful for those persons, like the incom- ing student, who need help in understanding why it makes sense to ask. 1. Because many partners find it sexy to be asked, as sex progresses, if it's okay. 2. Because sex is better when each partner enjoys what is happen- ing.and no one is being forced to do something he or she doesn't want to do. 3. Because if your partner is having a good time and is not forced to do something against her will, she may be more likely to want to see you again. Mutual respect is the best basis for friendship and intimacy. 4. Because forcing sexual activity on another person can violate state and federal laws and your school's policy. In most instances, unwamed touching and fondling is sexual assault. 5. Because it prevents misunderstandings (silence is not a \"yes\"). 6. Because you won't be accused of rape. 7. Because you won't go to jail or be expelled. 8. Because it's better to be safe than sorry. 9. Because if you want to impose your sexual will on someone, your behavior has more to do with dominating that person than with enjoying sexuality and an intimate relationship. 10. Why would you want to have sex with someone who doesn't like what you are doing Responding to Sexual Assault on Campus is a three-part manual which should be helpful to institu- tions developing or evaluating poli- cies and procedures. Part intro- duces the subject; Part contains a sample policy on sexual miscon- duct, including procedures and common questions about them and a list of the rights of both the ac- cused and the victim. Part de- scribes the response procedure for victims of sexual assault and also contains checklists concerning sexual assault procedures to be fol- lowed by the dean of students, resi- dence life office, health center, counseling center, campus secu- rity, and ombuds sexual assault incident report is also included. Part IV, a guide for administra- tors, includes checklists on policy, enforcement, education and pre- vention, treatment and support, and assessment that will be especially helpful in the evaluation of current programs and policies. Written in clear simple lan- guage, the 27-page guide was pub- lished by the State Council of Higher Education for Virginia to assist institutions as they address this issue. Free until supply runs out, from the Council of Higher Education, 101 N. 14th Street, 9th Floor, James Monroe Building, Richmond, VA, 23219. 10 4 1994 RESOURCES? Many collegesare finding that student peer educators are among the most effective means of sensi- tizing students to issues involving sexual assault. Se.v Without Con- sent describes peer education. how to get started. training students, and student activities. It also includes a bibliography, sample sexual mis- conduct policies, sample recruiting ads, table slips. and radio ads. The 150-page book, written by Toby B. Simon, Associate Dean of Student Life at Brown University. and Cathy A. Harris, a student who founded the Sexual Assault Peer Education program at Brown, is available for $21.95 plus $3.00 shipping from Learning Publica- tions, P.O. Box 1338, Holmes Beach 34218-1338 manual for peer education programs at the secondary level is also available at the same price The California State Univer- sity System has agreed to substan- tially increase athletic opportuni- ties for women at 19 state universi- ties (one has no sports programs). As part of a settlement in a cast; against the system brought by the state chapter of the National Orga- nization for Women, each institu- tion will: Increase the participation rates of women and the number of ath- letic scholarships women receive to within 5 per cent of the propor- tion of women in the student body by the 1998-99 academic year Increase the proportion of its sports budget that is spent on women's programs to within 10 per cent of the proportion of women students within the next five years. The president of each institu- tion is responsible for compliance with the consent decree and will report to the system board every other year about progress The University of New Hampshire has adopted a five-year plan that will increase the propor- tion of women to about half the school's athletes and will increase their access to scholarships: Women's crew, golf, volleyball and softball will be phased into varsity status during the five-year period. The plan was the result of discrimination charges High school women are mak- ing inroads on sports. In 1992-93, 120 female high school students participated in high school football and 541 participated on varsity baseball teams. An Alexandria, Virginia. Potomac High School kicker, Cheryl Zimmerman, who is also cocaptain of her team, made six of six extra-point tries, and was crowned homecoming queen -at the same game. Sally Phipps,the first female special two-part focus of Initiatives the journal of the National Association for Women in Education Practical resources and information you need now to address this still- pervasive. demoralizing problem Analysis of legal issues by a attorney Obstacles to the reduction of harassment Uncommon perspectives on harassmentvictim, faculty women of color researchers, university president Harassment in various academic settings and of nonacademic employees The need for new taboos' in the academy Results- oriented programs projects strategies To o'de' send check o' money o'de' lot 526 00 to Na! onal AssCoabon tot Women in ducahon Sc to 210 1325 18th Stteel Washington 20036 65'1 202 659 9330 student to play for the Boca Raton, Florida, Spanish River High School team, was also crowned homecoming queen. At least 44 states allow females to participate in high school foot- ball. The first girl to play football on a high school team was Luverne Wise, who played on the Escambia County High School team in Atmore, Washington, in 1939. Male students are also attempt- ing to participate in traditionally female sports. John Williams, a eti 1994 11 13 senior at Liberty High School in Bethlehem, Pennsylvania, had played field hockey on a coeduca- tional team in eighth grade. He made the girls' high school team as goalkeeper, but was later kicked off the team; the school said their policy prohibits boys from playing girls' sports. Williams sued and, after a federal judge ruled he had a right to play, played again as a jun- ior . The decision was overruled by the Third Circuit Court of Appeals and is being appealed to the U.S. Supreme Court Women's basketball coach Marianne Stanley is suing the Uni- versity of Southern California for violations of the Equal Pay Act and Title IX, which prohibits sex dis- crimination in educational institu- tions. Stanley was fired over a contract dispute; she claimed that she is paid less and receives fewer benefits than the male basketball coach, even though they perform the same duties. Women's golf coach, Ann A. Pitts, has made similar charges against Oklahoma State Univer- sity. Pitts' salary was $35.712; the male coach's. $63.000. The charges followed a case against Howard University (DC), in which women's basketball coach Sanya J. Tyler was awarded $1.1 million in damages Long criticized for laxity in enforcement of Title IX, especially in sports cases, the Office for Civil Rights at the U.S. Department of Education seems to be entering a new phase head Norma V. Cantu has stated that the office plans to revise its investigators' manual and strengthen its monitor- ing of institutions that have agreed to correct violations of the law was recently criticized for lax enforcement in athletics cases by a report from the Lyndon B. Johnson School of Public Affairs at the University of Texas,Austin. In a case involving Colorado State University, a U.S. District Court judge accused of giving up too easily when Colorado Stat College did not meet its ten -yet old agreement to increase the par ticipation rate of women athletes When the University of Illi- nois at Urbana-Champaign dropped its men's swimming team but kept its women's team, eight male swimmers sued, claiming sex discrimination. The university had cut the men's team in order to save money and to improve the balance between men's and women's par- ticipation in sports federal judge ruled that the institution's cuts did not discrimi- nate against men and were intended to help the school's female athletes. The decision is under appeal Colorado State University has asked the U.S. Supreme Court to review a lower court decision which ordered the institution to re- instate its women's softball team. Baseball and softball were can- celed because of a $600,000 deficit in the athletics program. The 10th Circuit Court of Ap- peals has upheld a lower court's ruling that dropping the team vio- lated Title IX, which prohibits sex discrimination in institutions re- ceiving federal aid. Should the Supreme Court ac- cept the case, it would be the first sex-bias case in intercollegiate ath- letics to be heard by the Court Women. Culture and Society, a new reader from the Rutgers Uni- versity (NJ) Women's Studies Pro- grams, includes 46 articles from a number of sources. Sections focus on cultural and historical mean- ings; learning femininity and mas- culinity; the body and media; the household, the family, and women's work; violence; and re- productive rights and women's health. Edited by Barbara Balliet and Debra Humphreys,the book is the work of a group of faculty and stu- dents who cooperated on prepara- tion of a syllabus that would reflect commitment to multicultural edu- cation in a global context. The hook is published by Kendall/Hunt Dubuque. Iowa. 12 1994 WOMEN? Preparing to Lead: The Col- lege Woman's Guide to Internships and Other Public Policy Learning Opportunities in Washington, D.C. describes over 100 internships, semi- nars, fellowships, and other re- sources for women interested in pub- lic leadership. The guide includes research and advocacy internships with nongovernm organiza- tions as well as intent. Capitol Hill and in the executive ,i.aneh. The 136-page guide, written for students by students, is published by the Public Leadership Education Network (PLEN), a consortium of women's colleges aimed at prepar- ing women for public leadership, and costs $10. Order from PLEN, 1001 Connecticut Avenue NW, Suite 925, Washington 20036-5507 Although the University of Wisconsin's Women on Campus in the Eighties: Old Struggles, New Victories, examines the status of women in the Wisconsin State Sys- tem, the 18 essays it contains will be of interest to everyone concerned about equity because the issues they examine are universal. The book covers women's studies, women cf color, women with disabilities, dis- advantaged women, salary issues, sexist language, and other issues and programs. The fourth in a series on women in public institutions of higher education in Wisconsin, the book could serve as a model for other states or for institutions. Edited by Marian J. Swoboda, Audrey J. Roberts, and Jennifer Hirsh, the 116-page book is available for $5.00 from the Office of Equal Opportunity Programs, 1802 Van Hise Hall, 1220 Linden Drive, Madi- son 53706 EDUCATION? The fall 1993 issue of Conver- sations on Jesuit Higher Education carries several articles devoted to women in Jesuit Higher Education, exploring issues such as how women's issues fit into the goals of Jesuit education and how women and men can work together. Data about women as administrators and as students are also included. For further information, contact Rev. John W. Padberg, SJ, The In- stitute of Jesuit Sources, 3700 West Pine Boulevard, St. Louis 63108 Regina Barrcca has done it again. She's taken a topicthis time, marriageand written about it in a fresh and lively manner, with new insights and analy- sis. Perfect Husbands (& Other Fairy Tales): Demystifying Marriage, Men, and Romance draws on academic research, pop culture references, and first-person interviews to examine marriage. Barreca adds her own often hilarious stamp to the material. The book could he used as an enjoyable and enlight- ening text in courses dealing with women, men, marriage and the family. Published by Harmony Books, Crown Publish- ers, Perfect Husbands costs $20.00. Barrcca also wrote They Used to Call Me Snow White...But Drifted: Women's Strategic Use of Humor. Gender-Responsible Leadership: Detecting Bias, Implementing Interventions, a wide-ranging book about gender bias, examines how stereotyped behav- iors skew group process, how all of us may unwittingly collude with one gender at the expense of the other, and how gender bias perpetuates the trivializing and depersonalization of women. Although the book fo- cuses on leadership, many of its comments and sugges- tions are especially applicable to faculty members, as \"leaders\" in the classroom. The 293-page hook, written by Catherine Herr Van Nostrand, also explores leadership styles. The second half of the book is devoted to numerous intervention strategies aimed at women and/or men that leaders can use to change group gender dynamics. The paperback edition costs $21.95 and is pub- lished by Sage Publications, 805-499-0721 4 1994 13 Another Way to Document Discrimination Although surveys are a useful way to document the status of women, they require a good deal of resources to develop, print, distribute, collect, tabulate, analyze, and report. And no matter what the methodology, some people will attack survey results, often because they are uncomfortable with the findings. Sometimes their comments can be defused by acknowledging that the survey is not a perfectly predictive or totally accurate instrument. But even if there are errors, the fact that survey results document some discrimination means that the institution must deal with the problem. For example, whether the \"true\" percentage of students experiencing sexual harassment from faculty and staff is 20 percent or 30 percent does not change the way the institution needs to respond. Another way to document discrimination is to listen to the voices of women themselves as they describe their experiences. In this approach, women are asked to describe their experiences; names and other identifying information are omit- ted. An entry might identify a \"professor\" making a particular statement, rather than \"a senior profes- sor in English literature.\" Responses are simply reported, without com- ment, other than a short introduction. They can provide a powerful statement of what some women experience on campus. Often when people learn of a discriminatory incident, they do not view it as part of a larger pattern but rather as an isolated example, often explained away by par- ticulars: \"Old Joe is really out of it, isn't he?\". In contrast, when 50 or more incidents are reported, the underlying pattern of discrimination can be more easily grasped. And since the experiences themselves are more powerful than a statistical summary, documentation of women's voices may have more impact than survey results. Women's voices can be recorded for particular issues: peer harassment, classroom experiences, sexual harassment, sexual assault, women's expe- riences as nontraditional students, experiences of women of color, women faculty members' experi- ences with peers, and staff women's experiences. Sometimes survey results and women's voices can be combined survey can include open- ended questions which will elicit examples that can be included with the report of the survey. Voices of women can be collected by student groups, commissions on the status of women, women's centers, student life personnel and oth- ers. Bernice Sandler, Editor It's easyand cost-effectiveto advertise in the About Women on Campus Job Line and Etcetera. Quarter page (3 1/2\" x 5\") $150 Half page (3 1/2\" x 9 1/2\" or 7\" x 5\") $200 Full page (7\" x 9 1/2\") $300 We can accept camera-ready display ads or set type from your copy. For more Information or to reserve ad space, call 202/659-9330 or 202/457-0946 or write: About Women on Campus 1325 18th Street NW, Suite 210 Washington 20036-6511 14 4 1994 Florida International University Department of Public Administration The Department of Public Administration is seeking candidates for two full-time tenure-track positions for Fall, 1994. Positions will be filled at the assistant or associate rank, depending on qualifications. Ap- plicants must hold the Ph.D. at the time of appoint- ment. Specialization is open though candidates with back- grounds in public finance and applied microeconomics, public budgeting, policy analysis, and non-profit management will be given prefer- ence. All candidates must be able to teach Master's level .quantitative and research methods course work. Associate level applicants should be willing to assume graduate coordinator or other administra- tive roles. The Department's teaching and research is multidisciplinary and melds traditional public admin- istration with policy-analytic approaches. Demon- strated skill in working with the users of applied research will be counted strongly. The Department operates within the School of Pub- lic Affairs and Services and offers a research-ori- ented Ph.D., the (rostered by since 1983 and reaccredited in 1990), and the BPA. Florida International University is part of the State University System of Florida, and joined the National Association of State Universities and Land-Grant Coll6ges in 1992 is an Affirmative Action/Equal Access/Equal Opportunity employer. Deadline for complete applications is February 3, 1994. Send a resume. three letters of references, transcripts, and a cover letter outlining research and teaching interests to: Dr. Howard A. Frank, Chair, Search and Screen, Department of Public Adminis- tration, Florida International University, North Miami Campus, North Miami 33181. (305) 940-5890 Computer Information Systems Department College of Business The Computer Information Systems Department in the College of Business at Colorado State University, established in 1972, invites applications and nominations for the pwition of Assistant Professor is a land grant, Carnegie Division Research University of 21,000 students located in scenic Fort Collins. Fort Collins is a community of 100,000 located approximately 60 miles north of Denver and offers a pleasant climate and abundant recreational opportunities. Numerous technology-driven companies such as Hewlett-Packard. Teledyne Water-Pik, Kodak, Anheuser Busch, and have plants in the area. The selected applicant should have an earned Ph.D. in an information systems discipline, teaching expel ience and interest, the ability to produce disciplinary-relevant publishable research, strong desire to pur- sue funded research, and knowledge of a sufficiently broad combination of leading edge business information technologies. Completed applica- tions consisting of transcripts, resume, letter of application, and three letters of recommendation must he received by February 1, 1994 and materials should be sent to: Dr. John Plotnicki. Chair, Computer Information Systems Department i 5 Clark Bldg., College of Busi- ness. Colorado State University, Fort Collins 80523. Colorado State linwersity is an affirmative action/equal opportunity empkrser and specifically filmes and encourages applications from women, nunorities, and persons iamb disabilities. Equal Opportunity Office, 21 Spruce Hall, Colorado State University. Fort Colitis 80523. .11=111111111 17 AN4LTTE \\ ur, 110111111.111011, .111,1 .11`1`1..Ill41 lilt. 1,,,IIi011 of l),..tn of tItc (.0'h:cc ot Ails The rcatt ot the l'oilet4t..41.11,,r.il Art.. is Ills slits.' ot att.1 icpott, to the Litt% (Isis% President The ic.in n 111.01sieil to ill ot theas,idenus rroer.ini its 11111 meta . es A.,' um, .1nd riolesstomd des eloisineta ult ; a urnsalan1 ds veloisatent .a1,1 .1e-hit:nue support ..111.1 ins!! act tot-1.d ors, iirsr des elopnetti His! Al., mum In .1.1,11flois. the I, 1.,.rks tsitlt u..leitts to Olt It 11 their Al 011'01'111111i IL,. t .t IsIseral ,111 Tolst'IN..1,4,11 slab e\\Istoil s oust 'motets., .1113 Is ins ui osei.111 dices t ion And man.le,einvitz ,.1 the 1'nner,m .1, .1 Illtillher ot Atimoton.ttt antit,ittes twist possess .111 c.aned 101.11e in .1 hiset.d dos white And It us, slot!' Is ma is. is 11111:: ssh-Lal \\ even:tits- Sows- .1Jan:11.4 r. miss opens Ilse ill .1 lulls r.d sollcgs- is desa aisle Ws veL s.111,11.1.11e isuh .1 . sion ior 1 011.111Q milt 1.10111 \\ WI11.11110 111....111% aclrsns r liberal Arts was ersa \\ And stit smt Ilber.11 .111- II1C sus es Ills IIIICC1.111011 ss.hoLirslap. And the 1.Lt, s. tenet edits .111, al at the .th.1 to 41\" 41,11.11 s ns. WilLitaeue 1..111kt !sit% ,k.1, it 4111.11AI ',42 .I111.1 11.1 1.411/ s, nunutmrtn I,. the hlvral .Iris tr.h.litton TIls .:11s. ism sonsists ot t Aces tut .mss, ills Atkinson( hada.as Ss11,..1 ot Ntatot...cmeta. .1 t. 41ees.1 ihei.11 Arts 55 1111 (5..\\:` anderer 1,1a.acs ad M.Ists r .4 Art I-C.1,11111U `111,1C111` Time t tirn ine Anil sus i.es-sul, nsli t and 1111t1.11, 0111.1R 11 molt Ti,, rosa ton sell ho is .aLdsls entnale am I. 10114 `ss is, 11111c .4 int n ill hs tin n,n.us l',04..11,1 ill, s, ns 11 ,t h al.aa op, 11 ma ill, position is 01,1 ITII\"'\"' M11,1 Ms 1\"`i it\" UM.\" It11111C-111.1 till ones, .1.1.1t,,,..11`,1 Is Itill..11t 11111111'cl, .4 tiller t,. (rural .4 tilt. l'It...1.1r111. \\ \\lll.nns tic 11 lawn, Ire ru,, 1,11\\ I. .111 .1101 t tpl..1 11014s ,111.1,A,1 on ,111.1 /111/1..r1f1, 40.11 .11 11,01.14 Invites you to consider the following administrative openings Send nominations and inquiries to: Dr. Karen Alvarado Director, Affirmative Action California State University 1250 Bellflower Boulevard Long Beach 90840-0115 FAX: (310) 985-1680 California State University, Long Beach, in com- pliance with the Civil Rights Act of 1964 (Title and Title VII), Title of the Education Amend- ments of 1972. the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, and the Ameri- cans with Disabilities Act of 1990, does not dis- criminate on the basis of race, color, national origin, ethnicity, religion. sex, handicap. or age in any of its policies. procedures, or practices: nor does discriminate on the basis of marital status or sexual orientation. This nondiscrimina- tion policy covers all programs and activi- ties, including employment. In addition to meeting fully its obligations of nondiscrimination under federal and state law is committed to creating a community In which a diverse population can live, and work, in an atmosphere of tolerance, civility, and respect for the rights and sensibilities of each individual, without regard to economic status, ethnic background, political views, sexual orientation, or other personal character- istics or beliefs. It Icy 71 ff9# t 4;7 r7:1 ce0 California State Polytechnic University. Pomona. invites applications and nominations for the position of Special Assistant to the President for Aftlimative Action and Diversity. Cal Poly Pomona. a public university founded in 1938. is noted for its scenic and histonc 1.4181-acre campus. once the winter ranch of cereal magnate W. K. Kellogg. The campus is located 25 miles east of downtown Los Angeles in the Inland Valley. one of the fastest growing regions in the country. Cal Poly Pomonas 19010(14,600 and 587.- ethnic minorities) students ale enrolled in 55 baccalaureate and 16 master's degree programs with approximately 9(10 full-time and par-time faculty. The university is committed to diversifying its faculty and staff, and has made educational equity one of its highest priorities. Under the general supervision of the President. the Special Assistant to the President for Affirmative Action and Diversity will serve as an advisor to the President regarding issues that support the mission of the university, with focus on affirmative action and diversity. The incumbent will serve as a member of the President's Cabinet and fulfill a wide variety of complex and highly sensitive executive and administrative duties. The incumbent will meet with directors of programs involved in multicultural activities to review and provide policy reco.nmendations to the Cabinet and to the President regarding such programs. The Special Assistant to the President for Affirmative Action and Diversity will provide the President with policy advice and direction for affirmative action. In this regard, the Special Assistant wilt provide leadership in the university's efforts to continue, create. implement, and evaluate activities and programs designed to recruit, hire. retain and provide upward mobility to all underrepresented groups and individuals. The incumbent is responsible for developing and overseeing an effective and proactive affirmative action plan for students, staff, and faculty. and is expected to monitor Cal Poly Pomona's compliance programs in response to system.wide.state.and federal regulations. In addition. the Special Assistant will coordinate the affirmative action activities of representatives from each divisional unit (Academic Affairs. Administrative Affairs. Student Affairs, and University Advance- ment). The Special Assistant will provide leadership for the university regarding multicultural matters by assisting in the coordination of multicultural activities among university divisions. The incumbent will lead efforts to help create and promote a campus environment where equality, fairness, and tolerance become an integral part of the university's academic. administrative. and social structure. The Special Assistant will assist and advise the President in developing and maintaining contact with the local community on issues that relate to diversity and multicultura: affairs. This effort will include contacts with legislators, business repiesentatives, school officials and other community leaders. The ideal candidate will have a master's degree. with a Ph.D. or J.D. desirable: demonstrated leadership in policy- making related to affirmative action and multicultural affairs: demonstrated experience working with underrepresented groups: demonstrated knowledge of affirmative action/equal employment laws, policies and regulations: knowledge of and sensitivity to individuals from different cultural backgrounds: demonstrated ability to develop. plan and implement an overall affirmative with: program within the framework of the special demands of higher education: evidence of understanding. sensitivity. and ability to address the needs of individuals protected by affirmative action guidelines. including but not limited to women and individuals from different cultural backgrounds: and ability to build upon existing guidelines to meet the changing needs of underrepresented groups more et fectively. The university necks to fill the position by March I, 1994. but is w dling to negotiate a later date as appropriate. Starting salary will be competitive and commensurate with qualifications and experience. The position includes a broad, attractive benefits package. Letters of application 01 nomination should accompany resumes and be sent to: Special Assistant to the President Search Committee C/0 Dr. Bob H. Suruki. President California State Polytechnic Unisersity. Pomona Igo] West Temple Avenue Pomona. Cali Emma 9 i 7684020 Nominees lOr the position will he invited to apply. All candidates must submit a complete formal application, which will consist of the follow mg. (al a letter of interest, including a statement of how the candidate satisfies the position listed al,ove. (b) a current cumculum vitae: (el the names. titles. addresses and telephone numbers of five colleagues who can provide current assessments of the candidate's qualifications for the position. Finalists for the position should he prepared to provide three letters of reference upon request. Review of completed applications will begin on December 15. 199 t. and will continue until the position is filled Calilorma State Polytechnic University. Pomona is an Equal Opportunity. Al lirmatise Action Employer. Women and minorities are strongly encoui aged to apply The unisersity hires only int.!, duals lawfully authoriced to work in the United States Tenure-Track Openings for 1994-95. College of the Arts Associate Dean of the College Art (Art Education) Design (Industrial Design) Music (Music Education) College of Business Administration Accountancy Information Systems (Telecommunications) Management /Human Resources Management (Strategy/International Management) College of Education Educational Psychology & Administration (Educational Administration) Teacher Education (Elementary Methods) College of Engineering Engineering & Industrial Technology (Quality Engineering Technology) Civil Engineering (Environmental Engineering) College of Health & Human Services Communicative Disorders (Audiology) Criminal Justice (Criminology Theory, Ethics, Juvenile Delinquency and/or Statistics) Health Science (Health Education) Home Economics (Department Chair) Home Economics (Textiles, Clothing & Fashion) Physical Education (Pedagogy) Public Policy & Administration (Administrative Management) Occupational Studies College of liberal Arts American Indian Studies Anthropology (Applied Urban Anthropology) Asian/AsionAmerican Studies (Japanese) History (California History/Borderlands/Mexico) Intensive Learning Experience (Writing Skills Coordinator) Intensive Learning Experience (Writing Skills & Black Studies) Political Science (Feminist Theory) Romance, German & Russian languages & literatures (Applied Spanish linguistics) College of Natural Sciences & Mathematics Deon of the College \":ological Sciences (Bacteriology) Biological Sciences (Molecular Genetics) Science Education All positions open until filled. Contact departments for detailed information. CSULB, 1250 Bellflower Blvd , long Beach 90840, (310) 9854111 In addition to meeting fully Its obligations of nondiscrimination under federal and state law Is committed to creating a community in which a divers* population can live, and work, in an atmosphere of tolerance, civility, and respect for the rights and sensibilities of each individual, without regard to economic status, ethnic background, political views, sexual orientation, or other personal characteristics or beliefs Dean of Student Affairs Formally established in July 1, 1989 San Marcos is the twentieth and newest campus of the California State University system. The University accepted its first class of upper- division and post baccalaureate students in fall, 1990, and will accept lower-division students in1995. There are presently 2500 students and 85 faculty with a growth target of 25,000 students in 2025. Reporting to the Vice President for Academic Affairs, the Dean manages and directs units which include counseling and psychological services, disabled student services, career services, financial aid, educational equity (educational opportunity program, student affirmative action, upward bound, and student support services), student health, student activities, student governance, alumni services, re-entry services, testing services, commuter services, student discipline, student/faculty relations, and child care. Candidates should possess an earned doctorate from an accredited institution, either in higher education/student personnel administration (or related area) or a doctorate supplemented by significant experience in the Student Affairs area. Candidates without doctorates may apply but must have completed the degree before assuming the deanship. Other qualifications: a minimum of five years of demonstrated successful increasing responsibility in the programs of Student Affairs; a comprehensive vision of Student Affairs as an integrated part of the University; leadership ability in developing and maintaining effective collaborative working relations with students, faculty, staff, administrators and the community; commitment to and success in issues of educational equity, diversity and multiculturalism; demonstrated commitment to the development of services and programs typically supportive of students' personal, intellectual, and social growth in a dynamic public university and an understanding of how these growth areas interact; evidence of successful experience in the management of complex budgets, long-range planning, and policy development including problem solving and proficiency in organizing and managing complex functions; effective interpersonal and communication skills; awareness of the special needs of and a demonstrated commitment to providing services and programs to a non-traditional age, non-residential student population with a diverse cultural background; understanding of legal issues in Student Affairs. Applicants should send a letter of interest, a complete curriculum vitae, and names, addresses, telephone and fax numbers of three professional references to: do Human Resources, Chair, Search Committee, Dean of Student Affairs, California State University, San Marcos, San Marcos 92096-0001. To assure full consideration, materials should be received by December 10, 1993. Search will continue until the position is filled. CSUSIvl is an Affirmative Action/Equal Opportunity Employer. The University has a strong commitment to the principles of diversity and, in that spirit, seeks a broad spectrum of candidates including women, minority groups, and people with disabilities. 19 v College of Liberal Arts Oregon State University Oregon State linocrsus mutes applications and nominations for the position of Dean of the ()liege of dseral Arts. The Dean The Dean is responsible for maintaining and enhancing the qua lit} of the College, %kith LACCUtIle responsibility for college-loll strategic planning, for fiscal and personnel management and des elopment, and for ads:nu:mg, the arts, the humanities, and the social sciences. The College Central to the mission of Oregon State Unkersits, the College of Itberal Arts boasts a tradition Of excellence in undergraduate education, along with new initiatives in graduate and international education and ex:ended education. With 200 faculty members in twelve departments and in related interdisciplinary degree and certificate programs, the College enrolls 2600 motors and produces one-third of the university's student credit hours. The University Oregon State University, a comprehensive Carnegie research institution, is Oregon's land-, sea-, and space-grant university. The institution's colleges enroll approximately 1 5,0110 students, of whom 85\"() are undergraduate students and I% are international students. The Community Oregon State finis ersas is located in the heart of the 5.Villamette Valles, one hour's drive east from the Pacific Ocean, and two hours from the crest of the Cascade Slountains community of about 45,000 people. Corvallk is a university town with a high quality of life, home to branches of high-tech companies such as lewlett-Packard and CH2S1 Hill. The community takes pride in its public schools, recently rated among the best m the Pacific Northwest. Qualifications .1-h, College seeks candidates with a doctorate Of other appropriate terminal degree in a field relevant to the C()Ikge of Liberal Arts, and distinction in teaching and scholarship consistent with the eN pCCta t lOnS of the rink of Professor in the College. Candidates should he able to demonstrate a successful record of administrative experience; a strong record ot or demonstrated commitment to ads ancmg, cultural (11%o-sits and equity; and should be support e of mterdisciplmars programs, international programs, limos .ffise teal hing and scholarship / creatise endeavors. (:andidates should hose a denyinstrated ability to build consensus and to work tollegiall. Salary will be competitive. Applications and Nominations Scud a letter of interest that details quolitikot ions for the position and a komplett. resume Its March 4, 1994. Additional information as adablc upon request. Please submit materials to: Kathleen Moore. ( hair ( .\\ Dean Search Committee k ru Philosophs )epartment Oregon 'state thilsersit% ( ors all's 9-; 31 1902 Telephone: 15011 -1- 25-1 ox: 15011-1-.5648 ( /reg.,/ %late .metsity h 4.117 1%11 Gil ,polrtumtv etlitth.ver dna spiv (Pi Ail invites anii i n, iturages applications /runt dttil IIIIIItrlf ICS, and h,u ,i fkilft if bong rstmtrtre 1,) the rieed.s tit areer i ()tildes The Paul H. Nitze School of Advanced International Studies, a graduate school division of The Johns Hopkins University in Washington, D.C., invites applications for a junior, non-tenured teaching position in Middle Eastern Studies, to commence in July of 1994. The appointment is for three years and is renewable. Position requires broad interests in comparative politics, international relations and modern history of the region. Preference will be given to applicants with a Ph.D., teaching experience and publications and who have a command of one or more of the region's languages letter of application, a curriculum vitae, three let- ters of recommendation, and samples of publica- tions should be sent to: Mr. Gerald W. Stover, Director of Human Resources, SAIS, 1740 Massachusetts Avenue, N.W., Washington 20036 and the Johns Hopkins University is an Affirmative Action/Equal Opportunity Employer and Educator and encour- ages applications from people of color and women. Statement of Ownership, Management and Circulation 1 About Women on Clutitnis (007 -913) 2. Dale of Filing: October II, 1993 3. Frequency: Four times a year 4. Office of publication: 1325 18th St. NW, Suite 210, 1Vashingion 20036-6511 5. General office of publisher: 1325 18th St NW, Suite 210. Washington 20036 6511 6 Project Director: Dr Patricia A. Tarrant, American College Testing O. Box 168, Iowa City, Iowa 52243 Editor: Dr. Bernice Sandler, Center for Women Policy Studies, 2000 I' St. NW,508, Washington 20036 Business Manager: Dr. Patricia Rueckel, National Association for Women in Education 1325 18th St. NW. Suite 210, Washington 20016-6511 Owner: National Association for Women in Education, 1325 18th St NW, Suite 210, Washington 20036.6511 8. Known bondholder, mortgages, and other security holders owning or holding one percent or more of total amount of bonds, mortgages,or tither securities: None o The purpose, function, and nonprofit status of this organization has not changed during the preceding 12 months. 10 Extent and nature of circulation (.1 Average no. during preceding 12 months total ((pies printed 3,35(1 hlail subscriptions 2,800 Iotal paid circulation 2.80() liter distribution (samples) 100 Total distribution 2,400 Copies not distributed 450 Total 3,350 Actual no. of single Issues published nearest to filing date 3,500 2,991 2,991 100 3,091 409 3,518 certify that the statements made by me above are correct and complete. Patricia Rueckel, Business Manager 2 0 Uniersitv of Alberta Edmonton President The University of Alberta invites applications from, and nominations of, qualified men and women for the position of President and Vice Chancellor. The position will become available on July 1st, 1994. Founded in 1908, the University of Alberta is one of the largest in Canada with a 1993-94 full-time enrolment of 22,800 undergraduate and 3,300 graduate students. There are 3,100 undergraduate and 1,300 graduate part-time students. It employs 3,000 full- and part-time academic and 4,000 non- academic staff in17 faculties. The University of Alberta is recognized as a centre of excellence in Canadian higher education with strong teaching and research programs at the undergraduate, graduate, and professional levels. In 1992/93 it had an operating budget of $395 million, a capital budget of $23.7 million and received $81.5 million in sponsored and contract research. The President is the chief executive officer of the University, a member of its Board of Governors, the Chair of General Faculties Council, Chair of Dean's Council and a member of The Senate. Accountable to the Board, the President directs the operation of the University's academic and business affairs. The appointee will have a respected record of academic and administrative achievements and will possess strong skills in government and external relations. Applications or nominations with curriculum vitae should be sent by March 31, 1994, to: Mr. P.A. Robison Secretary, Presidential Search Committee Room 3-31, University Hall University of Alberta Edmonton, Alberta T6G 2J9 The University of Alberta is committed to the principle of equity in employment. The University encourages applications front aboriginal persons, disabled persons, members of visible minorities and women 3 11 The sixteen articles in this special two-part focus of Initiatives, the award-winning journal of the National Association for Women in Education (NAWE), explore what we can do to increase the numbers of girls and women who take courses in math and science and consider and enter careers requiring skills in these areas. They provide a useful overview of the current situation, details about successful initiatives and programs, models for replication, strategies for recruitment and retention, pyschological and sociological perspectives, and suggestions about what remains to be done to help assure access and equity for girls and women. Published in 1993 Two issue set: $26.00 (postage included) All orders must be prepaid. Order from at the address on outside back cover. 21 am concerned about women on campus and want to enter my subscription to About Women on Campus. 111 : Special introductory subscription rates: Individual 1 year (four issues) $20 Institution 1 year (four issues) $28 2 years (eight issues) $35 2 years (eight issues) $50 Foreign subscriptions: Please add $7.00 per subscription to cover additional postage. Discounts are available for bulk subscriptions mailed to a single institutional address. Call 202-659-9330 202-457-0946) for details. Name Title Institution Address City/State/bp Send subscription form and check or institutional purchase order made payable to to: About Women on Campus, 1325 18th Street NW, Suite 210, Washington 20036-6511 wwwwemeweemee want to know more about the National Association for Women in Education, one of the nation's oldest national professional education associations. Send information about membership to the address have provided above. National Association for Women in Education Suite 210, 1325 18th Street Washington 20036-6511 Second Class Postage Paid at Washington 0 math professor at the Uni- versity of-New Brunswick wrote an article in the student newspaper about date rape and promiscuity. Martin Yaqzan stated, \"If a pro- miscuous girl becomes a victim of an unwanted sexual experience, it would be more reasonable for her to demand some monetary com- pensation for her inconvenience or discomfort, rather than express moral outrage, or try to arouse emotional response in others of the kind that the word 'rape' evoked in yesteryears.\" And, \"For those [young males] entering a univer- sity, the coed residences...do not provide an opportunity for sexual gratification...and therefore the rea- son and the need for the so-called `date-rape.\" PE.* The article was denounced by students and faculty, and Yaqzan was suspended with pay, pending a review of his professional duties. President Robin Armstrong stated that, \"Free speech does not equal irresponsible speech. Professor Yaqzan has abused his position by excusing and encouraging behavior that is not only unacceptable by the standards of human decency but also subject to criminal charges un- der the laws of Canada.\" The case raises the issue of aca- demic freedom and what limits, if any, can be imposed. Working in Academe and Elsewhere 1 Sexual Harassment 4 Around the Campus 7 Women In Athletics a Campus Violence 9 Resources 10 12 About 14 The Iowa Board of Regents enacted a new policy requiring fac- ulty members and officials at the University of Iowa, Iowa State Uni- versity, and the University of Northern Iowa to inform students before showing sexually explicit materials in the classroom. The policy was prompted by two sepa- rate incidents. The first occurred in 1991 when students, parents, and alumni com- plained about a German film shown in a German class at the University of Iowa. The film, \"Taxi Zum Klo\" (\"Taxi to the Bathroom\"), was pre- sented to the class as a landmark in gay filmmaking. The president of the university subsequently issued a public apology. The second incident occurred in February 1992, when a teaching assistant in the art department at the University of Iowa showed a video by local artists which contained o 23 three scenes, totaling about 15 sec- onds, of men engaging in oral sex. The Regents subsequently en- acted a policy requiring each of the three institutions to develop poli- cies to warn students about sexually graphic materials in coursework, stating that the policy was nothing more than a courtesy to students and that the issue never was about whether or not such movies can be shown. Some faculty claimed the new policies are censorship and re- flect homophobia As a result of a tenure dis- crimination lawsuit initiated in 1989 against the University of Cali- fornia at Berkeley, a number of men and women developed a sup- port committee for Jenny Harrison, who had been denied tenure in the department of mathematics in 1986. The Support Committee for Jenny Harrison, who finally won her case and received tenure in 1993, waged a vigorous public and legal campaign. The last issue of the committee's newsletter describes how the support committee was or- ganized, conducted activities, and raised money. For information about how to set up such a commit- tee, contact Charity Hirsch at 510- 526 -8953 or Patricia St. Lawrence at 510-254-8192 BATHROOMS? Apparently yes federal court has ruled that a school can restrict male janitors from cleaning bathrooms in women's dormito- ries. Joseph Hernandez, a janitor at the College of St. Thomas (MN), charged discrimination when he was barred from cleaning the bath- rooms in the women's dormitory. The judge noted that the privacy rights of the students took prece- dence over Hernandez's right to clean the bathrooms, noting that he did not lose any money by not being allowed to do so. Title of the Civil Rights Act, which prohibits discrimination in Women's Issues Project National Association for Women in Education Suite 210, 132518th Street Washington 20036-6511 Project Director: Patricia A. Farrant Editor: Bernice Resnick Sandler Business Manager: Patricia Rueckel The Women's Issues Project of the National Associa- tion for Women in Education publishes the quarterly newsletter About Women on Campus in cooperation with the Center for Women Policy Studies to provide information about programs, issues, and concerns of women students, faculty, and administrators. Asso- ciation members receive About Women on Campus as part of their $65 membership fee. Individual sub- scriptions are $20 for one year and $35 for two years. Institutional subscriptions are $28 for one year and $50 for two years. ISSN: 1061 768X Application to mail 2nd class postage rate pending at Washington. DC. Postmaster: Send address change to About Women on Campus, 1325 18th Street NW, Suite 210, Washington 20036-6511. Volume 3, Number 2, Spring 1994 \u00a91994 by the National Association for Women in Education The National Association forWomen in Education is an independent nonprofit professional organization dedicated to the education and professional and personal development of women and girls. An impor- tant force in American education for more than 75 years. the Association is at a crossroads, serving new populations, expanding its services, and developing new and innovative programs to meet the ever- changing needs of women in education. The National Association for Women in Education does not discriminate on the basis of race, color, national origin, religion, sex, ag e. affectional or sexual orientation, or disability in any of its policies, proce- dures, programs, or practices. Published with support from the Marriott Corpora- tion, Education Services. employment on the basis of race, color, national origin, religion, and sex, allows such bona fide exemp- tions based on sex An increasing number of uni- versities and colleges are now offer- ing health insurance and benefits to domestic partners of lesbian and gay faculty members and staff. The pres- sure to do so is fueled by the need to attract and retain top-notch faculty and to comply with campus nondis- criminatory policies which some- times prohibit discrimination on the basis of sexual orientation. Among the institutions offering domestic partner benefits are Harvard University, Columbia Uni- versity, Brown University, Georgia State University, Grinnell College, North Dakota State University, New York University Law School, Occi- dental College, Stanford University, the University of Chicago, the Uni- versity of Michigan, and the Univer- sity of Wisconsin at Madison .ach institution has different eli- gibility criteria, and type of benefits extended to domestic partners varies. For example, Harvard covers same- sex couples but not heterosexual couples. Couples must register their partnerships formally in Cambridge or another city where registration is legal and sign a document affirming their mutual financial commitment. Five gay and lesbian employees are suing Rutgers University to ob- tain health benefits for same-sex couples 0 1994 STANFORD? Compared to the twenty top- ranked universities with which it compares itself, Stanford is third from the bottom in percentage of women faculty and fifth from the bottom in percentage of full professors who are women. The two schools with lower percentages of women faculty are technical schoolsMassachusetts Institute of Technolor and Califor- nia Institute of Technology. So states a report from the Provost's Committee on the Recruit- ment and Retention of Women Fac- ulty at Stanford University, which used institutional data as well as information obtained from focus groups of junior and senior male and female faculty, questionnaires, tele- phone interviews, and post-exit inter- views of faculty members no longer at the institution. The report identifies numerous issues, such as the absence of a culture of support including mentoring; the review process and sexual harass- ment; salary setting and appeals pro- cess; summer support; and combin- ing academic careers with family life. Sixteen specific recommendations are included. The report could be used as a model by institutions examining these issues or developing a similar report. For information, contact the Office of the Provost, Stanford Uni- versity, Stanford 94305-1684 Because female scientists are twice as likely as men to leave indus new compendium of ar- ticles on feminist pedagogy appears in the Fall/Winter 1993 issue of the Women's Studies Quarterly. \"Feminist Pedagogy: An Update\" con- tains some twenty-seven ar- ticles dealing with theoretical perspectives, teaching strate- gies and approaches, curricu- lum transformation, and issues concerning Black women, anti-semitism, older women, and lesbians thirteen-page bibliography and an eight- page bibliography on women of color in early America are also included. For informa- tion, write the Feminist Press, City University of New York, 311 East 94 Street, New York 10128. try for academic or government work, colleges and universities might look to industry to recruit women report issued by the National Re- search Council in January 1994 notes that industry is not very hospitable to women: women doctorates earn 88 percent of the median male salary, there are few accommodations for women with children, and an \"old boy\" system controls information about job openings. Women Scientists and Engineers Employed in Industry is available from the National Academy Press, 2101 Constitution Avenue NW, Box 285, Washington 20055. The 144-page report costs $29.00 plus $4.00 for shipping and handling More than 200 women as- tronomers issued an equal rights proclamation calling on astronomy departments to dismantle barriers and change working conditions that hinder women s advancement. The June 1993 charter has been en- dorsed by the Association of Uni- versities for Research in As- tronomy, which includes 22 univer- sities that operate observatories. Additional endorsements are being sought from the American Astro- nomical Society, the National Sci- ence Foundation, and the National Aeronautics and Space Administra- tion (NASA). For a copy of the Baltimore Charter (named for the c, yin which it was drafted), write the Space Telescope Institute, 3700 San Mar- tin Drive, Baltimore 21218 The Equal Employment Opportunity Commission (EEOC) has found thit the psychiatry de- partment of U-Cal at San Francisco discriminated against women as a class in hiring, promotion, and ca- reer advancement. The department had reduced the salary of faculty member Lynn Ponton and later ter- minated her appointment when it abolished her position as director of adolescent inpatient psychiatry. Ponton is seeking reinstatement and back pay. rABOUT 1994 3 25 S:l The fund-raising foundation at Florida State University, the univer- sity itself, and several key adminis- trators are being sued by a former top official of the fund. Loretta Patterson charged that the foundation's board of directors denied her the position of interim director of the foundation and that former president of Dale W. Lick told her, \"To be brutally honest, Loretta, there are members of the board who would really be uncom- fortable with a woman as president.\" Lick denies the allegations, as do the university and the foundation Anita Hill, whose charges of sexual harassment against Clarence Thomas echoed across the country in 1991, has not forgotten those who supported her. She is planning to specifically honor a number of them by donating royalties from two books she is planning to write to colleges and organizations with ties to her supporters. Some of the money will go to her own institution, the University of Oklahoma Law School, to support the Anita Faye Hill Professorship, which was created by others to honor her. The donation itself will honor a professor and former dean. Other donations would go to the law schools at Harvard, Yale, and Georgetown and to Spelman College, the latter to honor its president, Johnnetta Cole. Two churches and two organizations will also receive money When the Massachusetts Insti- tute of Technology distributed a 69- page booklet called \"Dealing with Harassment at MIT,\" about 20 seniors gathered and burned their copies in the university courtyard. The booklet recommends that people \"who are offended by matters of speech or ex- pression should consider speaking up promptly and in a civil fashion\" and that \"people who learn they have of- fended others should consider stop- ping and apologizing first-year male student at Swarthmore who was found to have \"intimidated\" a female student was told that he would be suspended un- less he enrolled elsewhere for spring semester and attended counseling sessions, after which he would be allowed to return to Swarthmore. Swarthmore agreed to pay for coun- seling and for tuition, books, and transportation while the student spent the spring semester at Columbia Uni- versity. The plan fell apart when the \"punishment\" became public and Columbia reneged on its acceptance of Ewart Yearwood. Boston Univer- sity subsequently agreed to admit him. Yearwood had .zen accused of entering the woman's room without her permission and of making \"vul- gar verbal threats,\" harassing phone calls, and persistent unwelcome re- quests for dates; abusive language; and making menacing gestures. He claimed he just wanted to date the female student and that she was flir- tatious with him. The student, Alexis Clinansmith, denied his contentions and had complained to Swarthmore officials that he was stalking her, telephoning her repeatedly, and mak- ing vulgar threats. Yearwood also violated a college order that he stay 40 feet away from Clinansmith. Although a 13-hour hearing deadlocked on whether his behavior constituted sexual harassment, Yearwood was charged with intimi- dation and the disciplinary commit- tee voted to suspend him. After Yearwood threatened to sue, Swarthmore's president made the offer to pay for the tuition, books, transportation, and counseling. Yearwood had been expelled earlier from a prep school because of sexual harassment. Yearwood, who is Hispanic, was quoted in the Washington Post as believing that \"socioeconomic dif- ferences\" between him and Clinan- smith cai ised some of their problems. Yearwood had a $20,000 aca- demic scholarship at Swarthmore. Although it is common for schools to suspend students for a period of time and to require them to undergo coun- seling as a disciplinary measure for violations of student codes, it is un- usual for an institution to pay the costs of he student's attending an- other institution. 4 0 1994 Important Events in the History of Sexual Harassment in Education Compiled by Bernice R. Sandier 1964 Title of the Civil Rights Act is enacted, prohibiting discrimination in employment on the basis of race, color, national origin, religion and sex. Educa- tional institutions are largely excluded from its coverage. 1968 The term \"sexism\" is originated by Margaret Feldman in Ithaca, NY, and is used publicly for the first time in the title of a panel at a 1969 conference at Cornell University. 1972 Title of the Civil Rights Act of 1964 is amended to include prohibition of discrimination against employees in educational institutions. 1972 Title of the Education Amend- ments of 1972 is enacted to prohibit discrimination on the basis of sex in federally assisted education programs. 1973 Possibly the first article examining negative aspects of campus teacher/stu- dent sex appears in the San Francisco State University student newspaper, Phoenix. 1974-75 The term \"sexual harassment\" is first used by Lin Farley and others at Cornell University. Mid-1970s The first workplace cases wend their way through the courts, which are asked to decide if sexual ha- rassment is indeed sex discrimination. These cases typically focus on a woman whose supervisor pressures her for un- wanted sexual activity. The courts ini- tially do not consider sexual harassment as sex discrimination. 1976 First federal case decided in which a court agrees that sexual harassment in the workplace is a form of illegal dis- crimination (Williams v Saxbe). Mid-1970s Faculty harassment of col- lege students begins to emerge ac an issue. 1977 Playgirl publishes \"The College Couch,\" an article about faculty/student romantic affairs and, although it ac- knowledges there might be some dam- age to students, lists ten \"tips\" to help students attract a professor's sexual at- tentions. 1977 First charges of sexual harassment against an educational institution are filed under Title when Yale Univer- sity is sued by five students charging sexual harassment. See 1980, Alexander v Yale. 1977 Donna Benson, a social science ma- jor at the University of California at Berkeley, distributes what may be the first questionnaire on college sexual ha- rassment. 1977 An associate professor of philoso- phy at San Diego State University is fired after five students accuse him of embracing, fondling, and proposition- ing them. This may be the first dismissal (or the first publicized dismissal) con- cerning sexual harassment and a tenured faculty member. 1979 The first report on campus sexual harassment of students is published by Bernice R. Sandler at the Project on the Status and Education of Women.' 1979 The first guide for elementary and secondary school personnel on student- to-student harassment is published by the Massachusetts Department of Edu- cation.2 1979 Surveys on sexual harassment begin to be conducted on a few campuses. 1979 Supreme Court decides in Can- non v University of Chicago that indi- viduals have a right to sue under Title even though the statute did not explicitly provide for such action. 1980 Though dismissed, Alexander v Yale, the first Title sexual harass- ment case, establishes that Title pro- hibits sexual harassment. 1980 First federal report on college stu- dent harassment by faculty is published by the National Advisory Council on Women's Educational Programs' 1980 The Equal Employment Oppor- tunity Commission (EEOC) issues sexual harassment guidelines for em- ployers -.grid defines two types of hat ass- ment quid pro quo and hostile environ- nt. 1980.81 First study on peer sexual harass- ment in high schools' Early 1980s College campus studies of faculty harassment of students are in- creasingly being conducted. One of the first is at the Massachusetts Institute of Technology.5 1983 The National Association for Women in Education (NAWE) pub- lishes the first special issue of a journal devoted to sexual harassment on cam- pus .\u00b0 1984 Office for Civil Rights of the Department of Education issues policy statement (but no guidelines) acknowl- edging that Title prohibits sexual harassment of students.' 1984 First book on sexual harassment is published .8 1984 Harvard University becomes the first higher education institution to con- demn consensual relationships between students and faculty. 1985 One of the earliest, if not the first, guides for teenagers concerning sexual harassment is published? 1986 The Supreme Court confirms unanimously that sexual harassment violates employment discrimination law and confirms earlier guide- lines by defining two types of harass- ment: quid pro quo (threats or bribes for unwanted sexual activity) and hostile environment in Meritor Savings Bank v Vinson, holding an environment can be so hostile that it interferes with a person's ability to work. Coworkers as well as supervisors can be responsible for a hostile environment. 1986 First thesis dealing with student ha- rassment is published.'\u00b0 1986 The Third Circuit Court affirms a lower court decision, Moire v Temple University School of Medicine, which acknowledges, even though the plaintiff lost, that a student could make a claim of sexual harassment under Title based on an abusive environment. 1988 The first national report document- ing college student-to-student peer ha- rassment, particularly male student ha- rassment of female students, is pub- lished.\" 1989 Minnesota passes the first law re- quiring every school in the state to de- velop and post a policy on sexual harass- ment, including consequences for vio- lating the policy 46 1994 5 27 1989 In Stoneking v Bradford Area School District, a circuit court rules that a high school girl may sue the district, school principal, and assistant principal for failing to prevent or stop sexual assaults by her band teacher. The stu- dent alleged that the administrators knew about previous accusations of sexual abuse by the band teacher and other faculty but failed to take any ac- tions to protect students. 1990 issues additional guidelines on sexual harassment of employers in light of Meritor v Vinson. 1991 circuit court rules in Ellison v Brady that it is what a \"reasonable woman\" thinks about sexual harass- ment rather than what a \"reasonable man\" thinks about it. 1990s The newest arena of sexual harass- ment is that of student-to-student ha- rassment (particularly male-to-female harassment) in the nation's colleges and elementary and secondary schools. 1991 The Civil Rights Act of 1991 is enacted, allowing employees to re- cover damages from an employer. 1991 The Minnesota Human Rights Commission approves a settlement of $15,000 between the Duluth School District and the family of a girl about whom vulgar graffiti had been written on the wall of the boys' bathroom. This may be the first case in which monetary damages are awarded to a student in a hostile environment case involving other students. The school had not re- moved from the boys' bathroom in- creasingly sexually offensive graffiti despite 16 requests from Katie Lyle and her parents. The school agreed to post its sexual harassment policy, to inform every student annually about the policy, and to check bathrooms daily and re- move any graffiti promptly. 1991 In Robinson v Jacksonville Ship- yard, Inc. the court rules that posting pornographic materials at work consti- tutes sexual harassment and creates a hostile environment. 1991 The Hill-Thomas hearings legiti- mize sexual harassment as an issue and educate the nation to its effect. 1992 The Supreme Court rules unani- mously in Franklin v Gwinnett County Schools that students who experience discrimination, including harassment, can seek monetary damages from their schools and school officials under Title IX. 1992 Petaluma, CA, high school agrees to pay $20,000 to a female student who was harassed by other students. Tawnya Brawdy was almost daily teased about her breasts. About twenty to thirty boys would follow her, calling her a cow and shouting \"moo, moo.\" 1993 Minnesota teenager is awarded $40,000 from the Chaska School Dis- trict. Her name was on a list circulated by male students that contained the names of 25 girls and lewd descriptions of them. The school discouraged dis- cussion about the list. 1993 The Office for Civil Rights at the Department of Education rules that an Eden Prairie, MN, school district vio- lated Title when it allowed a hostile environment to ce Anne on a school bus first-graae girl filed charges when kindergarten to fourth-grade boys made lewd and intimidating statements to girls. 1993 federal district court in California confirms that Title covers a hostile environment for students in a case in- volving a teacher who had been accused of molesting two students while he lived with their mother (Patricia H. v Berkeley Unified School District). 1993 In another case in the same district court mentioned in the previous entry, the court finds that student-to-student harassment can constitute a hostile en- vironment under Title (Jane Doe v Petaluma City School District). 1993 The Supreme Court rules unani- mously that a person who claims sexual harassment in the workplace need not prove that she (or he) was psychologi- cally damaged or unable to do her job because of sexual harassment (Harris v Forklift Systems). 1993 The first national study of sexual harassment in the nation's schools is published by the American Association of University Women.0 number of important events in the history of sex discrimination in general and sexual harassment in noneducational areas have been omitted from this chronology. 'Sandler, B. R., \"Sexual Harassment Hidden Issue,\" Project on the Status and Education of Women, Association of American Colleges, 1978. Available from the Center for Women Policy Studies, Washington, DC. 2\"Who's Hurt and Who's Liable: Sexual Harassment in Massachusetts Schools,\" Massachusetts Department of Education, Quincy. In 1986, the fourth edition was published. F., \"Sexual Harassment Report on the Sexual Harassment of Students,\" Washington, DC, National Advisory Council on Women's Educational Programs, 1980. `Conducted by Nan Stein for the Massachusetts Department of Educati with assistance from the Alliance Against Sexual Coercion. \"Barriers to Equality in Academia: Women in Computer Science at MIT.\" prepared by female graduate students and research staff in the Laboratory for Computer Science and the Artificial Intelligence Laboratory .at the Massachusetts Institute for Technology, 1983. \u00b0Journal of the National Association for Women Deans, Administrators. and Counselors, Volume 46(2). 1983. Edited by Patricia A. Farrant. \"'Sexual Harassment: It's Not Academic Office for Civil Rights, Department of Education, Washington, DC, 1984. 'Wright Dzeich, B. and Weiner, L. The Lecherous Professor: Sexual Harassment on Campus. Boston: Beacon Press, 1984. 9 School of Education, University of Michigan. 'Tune In To Your Rights Guide for Teenagers About Sexual Harassment.\" 1985. '\u00b0Salkind, E. J. \"Can't You Talc a Joke Study of Sexual Harassment Among Peers.\" Master's thesis, Sloan School, Massachusetts Institute of Technology, 1986. \"Hughes, J. O'G. and Sandler .R., \"Peer Harassment: Hassles for Women on Campus.\" Published by the Project on the Status and Education of Women, Association of American Colleges, 1988. Now available from the Center for Women Policy Studies, Washington, DC. 12 'Iostile Hallways: The Survey on Sexual Harassment in American Schools. 6 0 1;41 28 ruling by the California Fair Employment and Housing Com- mission states that students and fac- ulty are protected from sexual ha- rassment under the state's fair hous- ing law. This is the first time the commission has ruled that colleges and universities are subject to the provisions of the law, holding that educational institutions are \"busi- nesses\" and therefore subject to the law which forbids sexual harass- ment by businesses. The case involved a former graduate student at the University of California at Berkeley who ac- cused a lecturer of sexual harass- ment. Although the student lost the case, the ruling holding institutions responsible under the fair housing law opens up a new way for students and faculty in California to file charges alleging sexual harass- ment. It is not known whether other states, many of which have a similar law, will follow with similar inter- pretations Applications to the 84 women's colleges across the coun- try are at a 12-year high of 98,000, up from 82,500 in 1981. In contrast, applications to private coeduca- tional institutions have remained relatively stagnant during the same period. Women's colleges enroll 2.5 percent of the 7.6 million women in two-year and four-year institutions. Although the number of women's colleges had been declining for years, from 298 colleges in 1960, that decline seems to have been stemmed recently. Women's col- leges typically engage in aggres- sive marketing campaigns which often point out that their institutions produce a larger proportion of PhD's and leaders in government and business. For example, 24 per- cent of the women in congress are graduates of women's colleges, a much higher percentage than that for women who graduated from coeducational colleges. Girls' high schools are reporting a similar surge in applications On January 20, 1994, Shan- non R. Faulkner began classes at The Citadel in Charleston, SC, be- coming the first woman to attend day classes with men. The Citadel has been an all-male institution for 151 years. Faulkner applied to the Citadel and was accepted on the basis of a high school transcript which did not reveal her gender. When the school learned she was female, it rejected her application. Faulkner sued, challenging the school's all-male admissions policy. In August 1993, a federal judge ordered The Citadel to allow Faulkner to attend day classes while her lawsuit made its way through the courts. The college ap- pealed to the Fourth Circuit Court and then obtained a temporary stay by Supreme Court Chief Justice William H. Rehnquist, which he set aside a few days later. Faulkner can only attend day classes, may not march or eat with the cadets, and must live off cam- pus. Day classes enroll approxi- mately 1,964 male cadets, while more than 1,600 women attend evening classes. Men enrolled at the college can attend graduate- level classes and courses at other institutions with women. The Citadel and Virginia Mili- tary Institute are the only all-male state-supported military colleges. VMI's admissions policy is also being challenged in the courts Although the number of under- graduates planning to major in business has plummeted to a third of those who had such plans in 1987, the number of women plan- ning to major in business has dropped even more steeply: from 20 percent of first-year female stu- dents in 1987 to 12 percent in 1992 1994 The Supreme Court, with- out comment, turned down an ap- peal from a high school student who said he was barred from play- ing girls field hockey. The suit way. brought on constitutional grounds; the student claimed his equal pro- tection rights were violated. School district policy at Liberty High School in Bethlehem, PA, barred males from playing on female teams, although females are al- lowed to play on male teams. The case did not involve Title IX, which allows schools to bar males from all-female teams In September 1993, a new code of ethics and conduct for coaches developed by the Ameri- can Swimming Coaches Associa- tion went into effect. The code has three articles forbidding sexual misconduct and sexual relation- ships with swimmers month later, University of Florida swimming coach Mitch Ivey was fired because of allega- tions that he sexually harassed sev- eral of the swimmers he coaches and has a history of having sexual relationships with them. Ivey is married to a former student swim- mer he had coached. The Women's Sports Founda- tion recently appointed a commit- tee to investigate the ethics of rela- tionships between coaches and ath- letes. The committee is chaired by Don Sabo, a sports sociologist at D' Youville College in Buffalo In the first college case in- volving sex discrimination in ath- letics to reach the Supreme Court, the court refused to hear an appeal in a case where lower court rulings required Colorado State University to restore women's soft- ball as a varsity sport. In 1992, Colorado State decided to drop both men's baseball and women's softball. Members of the women's softball team argued in court that elimination of their sport would violate Title IX, the federal law which prohibits discrimination in education, including athletics. Both the district court and the court of appeals agreed. The Supreme Court's decision is final. The court had no comment on its refusal to review the case. At the time the suit was initiated, although Colorado had eight women's and seven men's varsity teams, 77 percent of the funds spent on intercollegiate athletics went to men's teams. The case is one of three in which federal appeals courts have upheld lower court decisions to reinstate or add varsity women's teams. The other cases involved Colgate and Brown week after the Supreme Court refused to review the Colo- rado State case, Cornell University agreed to reinstate women's gym- nastics and fencing as varsity sports, rather than take on a full- scale legal struggle which it might well lose. Nine women athletes had brought a lawsuit against the uni- versity when the programs were cut, along with men's fencing and freshman football. The men's sports will not be reinstated The six presidents of the Pa- triot League, which plays football in the National Collegiate Athletic Association's Division I-AA, have set up a committee to explore the idea of reducing football squad size as a way of saving money and in- creasing women's sports. Some teams have as many as 120 players. Earlier the league passed a rule to cap at 90 the number of athletes who may participate in preseason foot- ball practice SPORTS? The myth that football rev- enues support men's and women's sports is just that: a myth. Accord- ing to the Women's Sports Founda- tion, only 70 of the 524 National Collegiate Athletic Association football teams break even or make a profit. The number may be even lower, since the cost of stadium e 1994 maintenance and security is often not included in athletic budgets. Other costs may also not be listed The women's basketball coach at the College of Mount St. Josepl 'OH) is suing the institution, claiming that she lost the position of athletics director when she com- plained that women's sports had less priority than men's. Tommie Jean Dowell's suit follows suits by other women coaches against Howard University, Oklahoma State University, and the University of Southern California Although aimed at high schools, Gender Equity in Athletics may be helpful to colleges and uni- versities developing materials for evaluating their own programs. Most of the 172-page book de- scribes Title IX, the law which pro- hibits sex discrimination in educa- tion. It focuses on how to conduct a self-review, including summary charts for each of the Title equity components: accommodation of in- terests and abilities, equipment and supplies, scheduling of games and practice time, travel and per diem allowance, coaches, locker rooms, practice and competitive facilities, medical and training facilities and services, publicity, support ser- vices, and factors such as athletic fees and awards. tutors/special needs, postsecondary recruitment, and sexual harassment. Appendices include resource and reference information, model student interest survey, grievance procedure, sexual harassment policy, and other information. The book was written by the Minnesota State High School League with technical assistance from the Min- nesota State Department of Educa- tion and is available from the league at 2100 Freeway Boulevard, Brooklyn Center 55430-1735. Cost: $35 plus $5 postage Everything and more than you wanted to know about sexual vio- lence may be in Sexual Violence: Facts and Statistics, an 80-page book that presents current informa- tion and statistics on a number of issues. Topics include acquain- tance rape and sexual as- sault; child sexual abuse; economic costs of sexual violence; pornogra- phy; pregnancy, abortion, and sexual assault; prostitution; ritual sexual abuse; self-defense; sex of- fenders; sexual assault of adults; and sexual harassment. Published by the Illinois Coali- tion Against Sexual Assault, the $12 book answers many of the questions most frequently asked about sexual assault and includes a list of references for each section. Available from the Coalition at 123 South Seventh Street, Suite 500, Springfield 62701 Defining a rape culture as one which knowingly or not perpetu- ates models of masculinity, femi- ninity, and sexuality that foster ag- gression, violence, and fear, Trans- forming a Rape Culture presents ways to make fundamental changes in that culture. Editors Emilie Buchwald, Pamela Fletcher, and Martha Roth invited over 30 women and men to contribute essays that explore mod- els and processes for change. Con- tributors include activists, theolo- gians, policymakers, and educators who cover a wide spectrum of strategies to educate boys and girls, end sexual harassment in schools, redefine masculinity and feminin- ity, and break the link between cru- elty and sexuality. The intersection between race and gender is also addressed. The 467-page book is a power- ful compendium of information and strategies to change the lives of readers and our society. It should be useful to those dealing with cam- pus rape and as a textbook. Pub- lished by Milkwood Editions, 430 First Avenue North, Suite 400, Minneapolis 55401, the book costs $23.95. Milkwood is a non- profit publisher e 1994 9 31 INFORMATION? Resourceful Women may have the answer. It contains information about hundreds of organizations, publications, videos, programs, and services targeted toward women, covering many issues such as health, aging, education, global issues, history, sports and recre- ation, work, youth, booksellers, spirituality, sexuality, politics, and kinship. Short profiles, commentaries, fiction, and poetry accompany each section. The 833-page book can be used for self-help and referral and as a way to track down sometimes hard-to-find information. Higher education is covered in both the education and work sections. From Visible Ink Press, $17.95 That's the title of a new direc- tory published by the National Council for Research on Women. The directory contains nearly forty pages of names of persons who are individual council affiliates, re- searchers, and staff working at council member centers. In addition to title, address and phone/fax, pro- fession/work, and interest/expertise are listed. The 73-page booklet is indexed by state, profession/pri- mary work, and interest/expertise list of the council's member cen- ters is also included. Who's Where and Doing What: a Directory of the National Council of Research on Women is available from the council at 530 Broadway, 10th floor, New York 10012 for $8.00. To be included in the directory as an individual affiliate, contact the council DISABILITIES? Eleven books on women's ex- periences with disabilities are re- viewed in the Summer 1993 issue of Feminist Collections Quarterly of Women's Studies Resources. The books cover specific disabilities such as deafness and paraplegia as well as other issues: pregnancy, sexuality, and the experiences of disabled women. Two books cover disabled women in the non-West- ern world. Also described in the same issue are six videos and films, five peri- odicals, and a directory of services for women and girls with disabili- ties. Feminist Collections is pub- lished by the University of Wiscon- sin System Women's Studies Li- brarian, 430 Memorial Library, 728 State Street, Madison 53706. Subscription rates vary for indi- viduals and institutions and those affiliated with the University of Wisconsin system. For further in- formation, call 608-263-5754 \"An Annotated Summary of the Regulation for Title Educa- tion Amendments of 1972\" ex- plains what Title requires schools to do. Title prohibits sex discrimination in educational insti- tutions receiving federal assistance. The 6-page booklet summarizes each section of the regulation; it costs $1.50 and is available from the Mid-Atlantic Equity Consor- tium, Inc., Publication Department, 5454 Wisconsin Avenue, Suite 1500, Chevy Chase 20815. Bulk rates are available. The publi- cation was developed by the Na- tional Organization for Women Legal Defense and Education Fund in conjunction with the consortium similar annotated analysis of the Title regulation is also pub- lished by the Center for Women Policy Studies. The 13-page paper also includes a partial list of actions institutions must take and an appen- dix covering athletic issues. \"The Restoration of Title IX: Implica- tions for Higher Education\" can be ordered for $5.00 from the center at 2000 Street NW, Suite 508, Washington 20036. Bulk rates are available The New York Board of Re- gents approved an action plan to bring about equity for women. Equal Opportunity for Women: Re- gents Policy Paper and Action Plan for the 1990's contains 16 major goals, each of which names the en- tities responsible for implementa- tion, describes outcome indicators (how to measure progress), and in- cludes a timeline. The 54-page re 10 1994 port covers education at all levels and includes a background paper which describes numerous barriers and provides information and data about the status of women and girls short bibliography is also in- cluded. Copies can be obtained from the New York State Education Depart- ment, Office for Planning, Re- search and Support Services, Al- bany 12234 PROGRAMS? Women Make Movies may be of help with their 1994 catalogue which lists approximately 350 films and videos covering a wide range of women's issues, including sex equity, women's movement, violence, health, gender, global perspectives and cultural identity, and arts nonprofit organization, Women Make Movies is multicultural and multiracial and produces, promotes, distributes, and exhibits films and videotapes by and about women. It also pro- vides some production assistance and maintains a Women of Color Database listing women of color who make videos and films. To obtain the free 80-page cata- logue, contact Women Make Mov- ies, Inc., 462 Broadway, Suite 500, New York 10013 Building a Stronger Women's Program II: Enhancing the Educa- tional and Professional Environ- ment does exactly what it sets out to do. It provides information and strategies to help medical schools bring about greater equity for women students and faculty. Chap- ters address activities and function of a women liaison officer, sexism, salary equity, parenting and flex- ibility issues, professional develop- ment and leadership, and women's health curricula. Each chapter has a short bibliography, includes ex- amples from medical colleges, and lists additional resources. The 108-page book is published by the Association of American Medical Colleges, 2450 Street NW, Washington 20037 and costs $10 plus $4.00 for shipping and handling It's easyand cost-effectiveto advertise in the About Women on Campus Job Line and Etcetera. Quarter page (3 1/2\" x 5\") $150 Half page (3 1/2\" x 9 1/2\" orr x 5\") $200 Full page (7\" x 9 1/2\") $300 We can accept camera-ready display ads or set type from your copy. For more information or to reserve ad space, call 202/659-9330 or 202/457-0946 or write: About Women on Campus 1325 18th Street NW, Suite 210 Washington 20036.6511 The sixteen articles in this special two-part focus of Initia- tives, the award-winning journal of the National Association for Women in Education (NAWE), explore what we can do to in- crease the numbers of girls and women who take courses in math and science and consider and enter careers requiring skills in these areas. They provide a useful overview of the current situation, details about success- ful initiatives and programs, models for replication, strate- gies for recruitment and reten- tion, pyschological and socio- logical perspectives, and sug- gestions about what remains to be done to help assure access and equity for girls and women. Published in 1993 Two issue set: $26.00 (postage included) All orders must be prepaid. Order from at the address on outside back cover Editor Bernice R. Sandler is a Senior Associate at the Center for Women Policy Studies. She speaks and consults with colleges and uni- versities about sexual harass- ment, classroom climate, and other women's equity issues 4 1994 11 33 New Regular Feature The National Association for Women in Education and the Office of Women in Higher Education are working to forge a closer alliance between State Associations and the National Identification Program (NIP) State Network. Recognizing that is the only association in higher education that focuses on the concerns of women educators, the Office of Women and the Board are encouraging network participants interested in the benefits of affiliation with a professional membership organization to join at the state or national level or at both. As a first step in the process of building bridges between and the NIP, About Women on Campus will regularly feature news about NIP. The notes in this issue were prepared by Dr. Carol A. Moore, Provost and Vice President for Academic Affairs, Mercy College, Dobbs Ferry In an action that reemphasized the vital role women must play in higher education administration in the twenty-first century, the Na- tional Executive Board of the American .Council on Education's National Identification Program has endorsed a vision statement that will guide the program in the pursuit of its goal. The statement, adopted at ACE/NIP' s February 1994 meet- ing, represents the culmination of a year-long discussion. Begun more than 16 years ago under the leadership of Emily Taylor and Donna Shavlik, direc- tors of ACE's Office of Women in Higher Education (OWHE), the National Identification Program was created for the purpose of identifying women with the potential to advance in higher education administration and to support their upward mobility. Ini- tial progress toward this goal was achieved through the development of identification programs in each state, which provided a network for women in higher education careers, and through a focus on increasing the representation of women at se- nior administrative levels in col- leges and universities across the country. While these numbers did risethere are today more women presidents and chief academic of- ficers than ever beforegender eq- uity in the upper echelons of higher education remains to be achieved. Consequently, two decades af- ter the birth of the women's move- ment, all has not been resolved. The public cry for equity has quieted, however, leaving the with the challenge of refocusing the higher education community on the program's original purpose and on bringing women's issues from the periphery of attention to the center of the agenda. State coordinators attending NIP's 1994 annual meeting reaf- firmed the program's goals while envisioning a world in which a new social contract could be forged be- tween men and women. This vision embraces the founding principle of inclusion and projects a climate in which the voices of all individuals regardless of gender, race, ethnicity, sexual orientation, eco- nomic circumstances, or disabling conditionscan be heard. Most im- portant, all voices and values would contribute to shaping the global agenda. The new vision statement re- ceived the acclaim of represen- tatives attending the February 1994 meeting. Buoyed by past successes and committed to the realization of this vision for the new century, par- ticipants returned to their home states with the charge of rededicat- ing and reenergizing the thousands of women (and men) who remain committed to the achievement of a more equitable world. 12 0 1994 American Couricil on Education/National Identification Program (ACT/NIP) 1994 Vision Statement As the American Council on Education's (ACE) National Identification Program (NIP) approaches the threshold of its third decade, it is important both to reflect upon its achievements and to envision its future role. Over the 16-year history of the much has been accomplished. The number of women participating and succeeding in higher education at all levels has steadily increased, as have the number of women in senior administrative positions, especially presidencies. But the gains of recent years have not come easily, and much remains to be accomplished. Women's presence and visibility in education, business, the media, and politics have increased substantially, yet our full influence in the public arena has not been realized. It is clear that rededication to the goal of advancing women leaders in higher education is important. But more is needed to achieve the ultimate goal of crafting an educational, social, and political climate in which the voices of women in all their diversity and richness are valued in setting the public agenda. We are now embarking on the next phase of the NIPa phase that will seek to transform the organizational life of college campuses and to engage all in the academy in envisioning an environment in which women and men together can reach a new level of understanding and communication. This new exchange will enhance opportunities for everyone and may be the most difficult phase of all. At the same time in which the National Identification Program is continuing and intensifying its allegiance to advance women to senior positions and presidencies, it must also develop and promote a framework to assure that women gain a greater public voice. This public voice is essential to women being heard and involved in shaping national policies, determining institutional agendas, and naming priorities for group action. Given the increased importance of global awareness on every level of society, the will seek to develop an international dimension first by creating an international network of women presidents and then by encouraging international programming at the state level. In assuring that the voices of women worldwide are at the center of both conversations and debates that form public agendas for the future, the reaffirms its founding principle of inclusion, i.e., a belief that women, in all our diversityrace, ethnicity, sexual-orientation, class, disabilitymust be integral to our collective voice. Our ultimate goal is the inclusion of the voices and values of all women and men, not only in shaping the NIP, but more important, in molding the future of higher education and society participants are buoyed by past successes and energized by their vision that a future environment can be created in which the voices of all women and men can be heard and understood. In pursuing this goal assertively embraces the challenge of creating new metaphors and being open to new paradigms informed by n.nv knowledge andthoughtful conversation 0 1994 13 35 And Another New Feature In every issue, we will profile an organization that serves the needs and interests of womentheir education and personal and professional growth and development. Dr. Patricia Rueckel, Executive Director of the National Association for Women in Education, prepared these notes about NAWE, which, in addition to About Women on Campus, sponsors a very wide range of programs, services, and publications for women in virtually every aspect of education. For three quarters of a century has supported women as they take risks and set goals that can be achieved only when talented, active, produc- tive women pool their resources and pursue common goals. The National Association for Women in Education (NAWE) The National Association for Women in Education (NAWE) is a national professional association dedicated to providing professional support for women educators through programs, services, advo- cacy, and scholarly publications. The Association embraces activity in the areas of administration, coun- seling and individual development, activities and services, instruction, and research that women educators conduct in educational institutions and agencies. It is committed to lifelong learning and to furthering educational opportunities for women students and professionals at all levels of learning, growth, and development. Throughout its his- tory, the Association has focused on professional development and ad- vancement for women educators. NAWE' s professional pro- grams, services, and scholarly pub- lications offer a diverse environ- ment for leadership, scholarship, and creative work; they afford a unique opportunity for women edu- cators to untribute to education at the local and national levels members may join one or more of its program divisions: Administration Activities and Services Continuing Education Counseling and Individual Services Government/Agency/Special Program Teaching and Research The Administration Division is the largest; the Teaching and Re- search Division is the fastest grow- ing seventh division, for Women's Centers professionals, is now under consideration membership offers many benefits supportive network When you join the National As- sociation for Women in Education, you become part of a national net- work of talented, accomplished, risk-taking women whose energy and creativity are legendary. You can find or be a mentor; you'll quickly identify colleagues who share your commitments and con- cerns. You may join one or more of the divisions mentioned earlier, the ethnic women's caucus, the les- bian/bisexual concerns committee, and a myriad of committees con- cerned with national issues. You may decide to take an active role in the operations of the organization, working on such projects as fund raising, publications, or planning conference programs. New mem- bers remark that \"it is easy to be- come involved and to assume lead- ership responsibility if you wish to commit your time.\" Outstanding publications Your membership in- cludes a subscription to Initiatives, our highly respected quarterly jour- nal, which has won five awards for excellencethe latest a \"best of cat- 14 1994 36 egory\" in a field of more than 50. Initiatives offers practical, acces- sible articles on timely, significant subjects not covered elsewhere. Re- cent special issues of Initiatives have addressed gender equity in science and math, women's col- leges, sexual harassment, women's centers, Black women in higher education, men's studies, and femi- nism on a Catholic campus. About Women on Campus is our fact-packed quarterly newsletter, filled with short news articles on the academic workplace, sexual ha- rassment, women in athletics, cam- pus projects and reports, \"climate checks,\" campus life, rape and sexual assault, good news, funding sources, resources, and book re- views. Edited by long-time member, Bernice R. Sandler, About Women on Campus is an especially valued benefit of membership in the National Association for Women in Education is quarterly re- port on our plans and activities. Our Member Handbook is an invaluable networking tool which lists mem- bers by state and alphabetically. Some of the special interest sub- groups of the association also pub- lish periodic newsletters. The Ruth Strang Research Awards Each year, we present two re- search prizes of $750 each-one des- ignated for students and one in \"open\" category. The awards honor the first editor of NAWE' s journal, who also served as professor at Teacher's College, Columbia Uni- versity. Annual Conference Held in the spring, our annual conference offers outstanding op- portunities for professional growth and development. Organized around a central theme, each con- ference includes nationally recog- nized speakers, workshops, presen- tations, and research sessions of- fered by members and friends of NAWE. Besides providing a forum for stimulating interaction with col- leagues conferences offer special opportunities to network and build professional support. Conference for College Women Student Leaders For ten years has coop- erated with other national women's organizations in education to spon- sor a conference for college women student leaders. Held for three days each June, the conference is di- rected to women students who serve in campus leadership roles highlight of the conference is the Women of Distinction program that honors extraordinary women whose accomplishments merit spe- cial recognition. Some recent hon- orees are: Marian Wright Edelman of the Children's Defense League; Sarah Weddington, the attorney in Roe v Wade; Antonio Novello, former Surgeon General; Molly Yard, past president of NOW; Sa- rah Brady, advocate for handgun control; and Bernice Johnson Reagon, founder of \"Sweet Honey in the Rock.\" Activism and advocacy has a tradition of trans- lating ideas into actionthrough its resolutions process and through participation in the National Coali- tion for Women and Girls in Educa- tion signs onto legislation and working and position papers and forms liaisons with organiza- tions such as the National Council for Research on Women and the Association of Black Women in Higher Education has had a strong Washington presence since 1927. We have actively supported: Enforcement of Title Equal Rights Amendment Civil Rights Restoration Act Pay equity, equal retirement and pension benefits education, funding, sensitivity Equal opportunity employment practices An end to sexual harassment and sexual assault Elimination of sex role stereo- typing Programs for persons with special needs 0 1994 37 Attention: Members of College and University Gender Equity Committees, Faculty, Administrators, and Affirmative Action Officers Educational. Consultant Services (ECS) conducts comprehensive assessments of the campus climate for women students, faculty, and staff. Climate assessment studies are designed and negotiated to meet the needs of an individual college or university. Highly qualified, experienced assessment personnel include former academic and higher educa- tion association administrators. Interested individuals should contact: Dr. Marcia Boyles President 18 F.' -t. Cliff Street Alexandria 22301 Phone: 703-548-4098 The University of Washington Dean, School of Business Administration The University of Washington invites applications and nomi- nations for the position of Dean, School of Business Administra- tion. The School is one of the nation's major schools of business with academic programs at the undergraduate, master's and Ph.D. levels. In addition, the School has a well-established Executive program and innovative new programs in environmental management, tax, and entrepreneurship. The Dean is the School's chief administrator. He or she must be able to work with the faculty, students, staff, University admin- istration, and outside business community to ensure that the chal- lenges of undergraduate and graduate education, faculty research, and service to the community are met with vision and integrity. All applicants should have established and distinguished backgrounds in the academic and/or business community. Prefer- ably, applicants should be prepared to assume the position by Fall, 1994. The University of Washington is an Equal Opportunity. Affirmative Action Employer. Women and minorities arc encour- aged to apply. Initial screening of applicants begins February 15, 1994. Applications from interested parties will be accepted after that date until the position is filled. Please submit to: Search Committee for the Deanship of the School of Business Administration do Provost G. Wayne Clough, Chair 301 Administration Building, AH-30 University of Washington Seattle 98195 Ttie Paul H. Nitze School of Advanced International Studies, a graduate school division of The Johns Hopkins University in Washington, D.C., invites applications for a junior, non-tenured teaching position in Middle Eastern Studies, to commence in July of 1994. The appointment is for three years and is renewable. Position requires broad interests in comparative politics, international relations and modern history of the region. Preference will be given to ,pplicants with a Ph.D., teaching experience and publications and who have a command of one or more of the region's languages letter of application, a curriculum vitae, three let- ters of recommendation, and samples of publica- tions should be sent to: Mr. Gerald W. Stover, Director of Human Resources, SAIS, 1740 Massachusetts Avenue, N.W., Washington 20036 and the Johns Hopkins University is an Affirmative Action/Equal Opportunity Employer and Educator and encour- ages applications from people of color and women The University of Vermont The University of Vermont seeks an individual for a tenured Associate or Full Professor position, with academic field open, to begin work in August, 1994 as Director of (African American, Latin American, Asian American., Native American) Studies. The successful person will coordinate existing College and University course requirements in the area of Race and Ethnicity in America, teach and do research in this academic area, and lead in the development and implementation of a formal academic program in Studies. Although housed in the College of Arts and Sciences with the Director reporting to the Dean of the College, the proposed academic program will be university-wide, drawing faculty and students from UVM's nine schools and colleges. In addition, the Director will work with members of the community of Burlington. The individual we seek must have teaching experience in Studies although the terminal degree may be an academic discipline where teaching and scholarship in Studies constitutes a subfield within the discipline. Prior administrative experience is preferred since the position is .50 administrative. Since the position is also a tenured one at the Associate or Full Professor rank in an appropriate department, it Is necessary for a candidate to have a record of excellence in teaching, scholarship, and research. Nominations and applications should be submitted to Associate Dean James F. Lubker, Chair Studies Search Committee, College of Arts and Sciences, University of Vermont, 300 Waterman Building, Burlington, Vermont 05405. Applications should include a cover letter, curriculum vitae, and three letters of reference. Reading of materials will begin March 1, 1994 and will continue until the position is filled is an equal opportunity, affirmative action employer and strongly encourages applications from women and members of minority groups. The University of Mississippi Vice Chancellorship, Academic Affairs The University of Mississippi invites nominations and applica- tions for the position of Vice Chancellor for Academic Affairs. The duties of the position include coordination and supervision of the educational, research, and service programs of the University's College of Liberal Arts and Graduate School, and professional schools of Law, Business Administration, Education, Engineering, Pharmacy. and Accountancy, all on the parent campus at Oxford, Mississippi; and for liaison with the Vice Chancellor for Health Affairs, who is responsible for the supervision of Schools of Medi- cine, Nursing, Health Related Professions, and Dentistry, on the Medical Center Campus at Jackson, Mississippi. All academic deans of the Oxford campus, the Associate Vice Chancellors for Continuing Studies and for Research, the Dean of Libraries, and Directors of other academic support units report to the Vice Chan- cellor for Academic Affairs, who in turn reports to the Chancellor of the University. As the chief academic officer, the Vice Chancellor for Academic Affairs recommends to the Chancellor all academic budgets, selections to academic administrative posts, appoint- ments to the faculty, promotions, and grants of tenure. Qualifications are substantial experience in the administration of academic and research programs at the school or college level or above at a comprehensive university and an earned doctorate plus evidence of scholarly productivity and teaching experience accept- able for appointment to the rank of full professor. Applicants are to provide evidence of the quality of leadership needed to establish an effective working relationship with other administrative officials, faculty and students, including demonstrated advocacy for instruc- tional excellence, research and faculty development. Applicants must demonstrate commitment to affirmative action and faculty, staff and student diversity comprehensive public university with an enrollment of over 10,000 on the parent campus, The University of Mississippi has a varied undergraduate program, and a Graduate School with pro- grams leading to the master's.degree in almost every department and the terminal degree in more than 20 areas of study. Nominations and applications should be forwarded to: Dr. Tonya Flesher Chair, Search Committee Lyceum 109 University of Mississippi University 38677 Complete applications including a letter of interest with a statement of the candidate's qualifications; a resume; and a mini- mum of three letters of reference should be postmarked by April 1, 1994. The review of applications will begin at that time and continue until the appointment is made. The of Is en AA/E0/ADA/E. 39 Scum Indiana University South Bend invites nominations and applications for the position of Assistant Vice Chancellor for Academic Affairs. The primary responsibilities are research and grant promotion, cooruination of assessment and academic institutional reports, utilization of informational databases which support research, assessment, and institutional planning and development. Qualifications Earned doctorate or appropriate terminal degree in major Substantial academic or administrative experience and qualified for academic and senior rank Computer experience with database applications . Ability to communicate effectively with diverse constituencies Commitment to and experience with shared governance Commitment to equal opportunity and affirmative action Indiana University South Bend is a comprehensive, rapidly expand- ing university serving north central Indiana. It is the third largest of eight Indiana University campuses with an enrollment of nearly 8,000 students in both undergraduate and graduate programs. The South Bend-Mishawaka area is an important business, service, and cultural center in northern Indiana. The campus is located 30 miles from Lake Michigan and 90 miles east of Chicago. The metropolitan area has a population of approximately 250,000. South Bend offers many of the advantages of a large city, a high quality of life, yet low cost of living, and a friendly environment. The position of Assistant Vice Chancellor for Academic Affairs will be available as early as July 1, 1994. The screening of applications will begin Immediately and will continue until the position is filled. Completed applications received after April 15, 1994 cannot be assured of consideration. Nominations should include names, addresses, and telephone numbers of the nominees. Applicants should submit letter of interest, complete vita, appropriate sup- porting materials, and three letters of recommendaton. Inquiries, applications, and nominations should be addressed to: Nanci Genich Yokom, Chair Search Committee for Assistant Vice Chancellor for Academic Affairs Indiana University South Bend do Office of Academic Affairs P. O. Box 7111 South Bend, Indiana 46634 Telephone (219) 237-4154 Indiana University South Send Is an affirmative action, equal opportunity employer and actively encourages the candidacies of minorities and women. Lniesitl. t Alberta lAlmonton President The University of Alberta invites applications from, and nominations of, qualified men and women for the position of President and Vice Chancellor. The position will become available on July 1st, 1994. Founded in 1908, the University of Alberta is one of the largest in Canada with a 1993-94 full-time enrolment of 22,800 undergraduate and 3,300 graduate students. There are 3,100 undergraduate and 1,300 graduate part-time students. It employs 3,000 full- and part-time academic and 4,000 non- academic staff in17 faculties. The University of Alberta is recognized as a centre of excellence in Canadian higher education with strong teaching and research programs at the undergraduate, graduate, and professional levels. In 1992/93 it had an operating budget of $395 million, a capital budget of $23.7 million and received $81.5 million in sponsored and contract research. The President is the chief executive officer of the University, a member of its Board of Governors, the Chair of General Faculties Council, Chair of Dean's Council and a member of The Senate. Accountable to the Board, the President directs the operation of the University's academic and business affairs. The appointee will have a respected record of academic and administrative achievements and will possess strong skills in government and external relations. Applications or nominations with curriculum vitae should be sent by March 31, 1994, to: Mr. P.A. Robison Secretary, Presidential Search Committee Room 3-31, University Hall University of Alberta Edmonton, Alberta T6G 2J9 The University of Alberta is committed to the principle of equity in employment. The University encourages applications from aboriginal persons, disabled persons, members of visible minorities and women. 4 0 Initiatives The Journal of the National Association for Women in Education Manuscripts Wanted Initiatives is the quarterly journal of the National Association for Women in Education. Published for more than 50 years, the journal has won numerous awards for excellence. We welcome submissions on a very wide range of topicsvirtually any subject that addresses in a meaningful way the education, interests, needs, and personal and professional development of women and girls. Known for focusing on important subjects not yet extensively covered elsewhere, Initiatives has published special issues on such diverse themes as gender equity in math and science, women's colleges, men's studies, women's centers, Black women in higher education, women's athletics, and feminism on a Catholic campus. Articles in recent issues have addressed such topics as pay equity, women's leadership, campus climate, dual career families, women in aviation, women on nonprofit boards, the artist as feminist, reentry women, gender differences among faculty, moral development, mentoring, journal keeping, and curriculum transformation. Manuscript guidelines appear in every issue or can be obtained from the editor. Queries are welcome. Send correspondence, questions, and manuscripts to: Patricia A. Farrant, PhD Editor, Initiatives c/o American College Testing P. 0. Box 168 Iowa City, Iowa 52243 319-337-1409 41 am concerned about women on campus and want to enter my subscription to About Women on Campus. : Special introductory subscription rates: Individual 1 year (four issues) $20 Institution 1 year (four issues) $28 2 years( ears (eight issues) $35 2 years (eight issues) $50 rorelgn subscriptions: Please add $7.00 per subscription to cover additional postage. W.:counts are available for bulk subscriptions mailed to a single institutional address. Call 202-659-9330 202-457-0946) for details. Name Tide Institution Address City/State/Zip h i d Send subscription term and check or institutional purchase order made payable to to: About Women on Campus, 1325 18th Street NW, Suite 210, Washington 20036-6511 want to know more about the National Association for Women in Education, one of the nation's oldest national professional education associations. Send information about membership to the address have provided above. National Association for Women in Education Suite 210, 1325 18th Street Washington 20036-6511 Second Class Postage Paid at Washington Nearly 30 percent of male stu- dents entering college agree with the statement that \"Married women's activities are best con- fined to home and family.\" For women, the figure was 19.2 per- cent. However, the picture may be improving slightly: the figures are about one percentage point lower for both men and women than those from the previous year. For a mar- ried woman faculty member, such attitudes in students can have a negative impact. They may resent her being in a classroom or feel that her presence is inappropriate- attitudes that male faculty members do not face. The figures come from an an- nual survey of first-year students conducted by Alexander W. Astin among 220,000 students in 427 col- leges and universities. Copies of \"The American Freshman: National Norms for 1993\" can be obtained from the Higher Education Research Institute, University of California at Los Angeles, Graduate School of Education, 405 Hilgard Avenue, Los Angeles 90024-1521, for $20 plus $3 shipping $900,000 to Heidi S. Weiss- man, in a settlement from the medi- cal college of Yeshiva University and Montefiore Medical Center. One of the largest involving the (11 Working In Academe 1 From Around the Campus 3 Sexual Harrassment 6 Sexual Assault 10 Athletics 10 Resources 11 News 14 Profile 15 It 4 field of medicine, the settlement was in exchange for Weissmann's dropping her 7-year lawsuit charg- ing sex discrimination. It includes $35,000 for back pay, $325,000 for legal fees, and $540,000 for \"pain and suffering.\" The settlement is unusual in that it did not include a \"gag order\" to prevent Weissmann from discussing it. The suit charged that Weissmann had not been pro- moted even though qualified, had been paid less, and had been retali- ated against for bringing charges of plagiarismcharges which were upheldagainst another professor. At 43, Weissmann has been unable to find a job in either private prac- tice, industry, or academe since she was fired in 1987 from her profes- sorship in nuclear medicine. Approximately $250,000 to Joan M. Lakosi, a former member of the pharmacology department at the University of Texas Medical Branch at Galveston U.S. Dis- trict Court awarded Lakosi dam 43 ages of $150,000 and legal fees and costs of more than $104,000. Lakosi had been denied tenure; her case is part of a larger class action suit filed on behalf of female faculty members at the University of Texas Medical School. charging it with discrimination in tenure, promo- tion, and salaries. Lakosi is now an associate professor of pharma- cology at Pennsylvania State University's Hershey Medical Center The Academic Senate at the University of Nebraska at Lincoln has recommended that course evaluation forms be expanded to include questions about whether faculty members have \"treated stu- dents with fairness and respect\" or have \"unfairly discriminated against any student or group of stu- dents in this class.\" An earlier ver- sion would have asked more spe- cific questions, such as whether a professor discriminated against women or Blacks. The idea to incorporate these questions into course evaluation forms came from the senate's hu- man rights committee. Members were concerned about student com- plaints about racial or sexist jokes and comments made by some fac- ulty members. The questions are expected to he incorporated in the fall semester's evaluation forms. This is an issue which has come up on many campuses. Some per- sons are suggesting questions such 2 as \"Has this professor ever made you feel uncomfortable because of your gender?\" and, separately, \"Has this professor ever made you feel uncomfortable because of your race or ethnicity.\" Both should be followed by \"Please explain An informal survey concern- ing the participation of women in research sessions at the annual meeting of the American Math- ematical Society (AMS) has turned up some interesting data. On the average, in sessions including at least one woman as organizer. 16 percent of the speakers were Women's Issues Project National Association for Women in Education Suite 210, 1325 18th Street Washington 20036-6511 Project Director: Patricia A. Farrant Editor: Bernice Resnick Sandler Business Manager: Patricia Rueckel The Women's Issues Protect of the National Associa- tion for Women in Education publishes the quarterly newsletter About Women on Campus in cooperation with the Center for Women Policy Studies to provide information about programs. issues, and concerns of women students, faculty, and administrators. Asso- ciation members receive About Women on Campus as part of their $65 membership fee Individual sub- scriptions are $20 for one year ano 535 for twoyears. Institutional subscriptions are 528 for one year and 550 for two years 1061 768X Application to mail 2nd class postage rate pending at Washington Postmaster Send address change to About Women on Campus. 1325 18th Street Suite 210. Washington 20036.6511 Volume 3, Number 3, Summer 1994 0 1994 by the National Association for Women in Education The National Association for Women in Education is an independent nonprofit professional organization dedicated to the education and professional and personal development of women and girls. An impor- tant force in American education for more than 75 years. the Association is at a crossroads, serving new populations. expanding its services, and developing new and innovative programs to meet the ever- changing needs of women in education The National Association for Women in Education does not discriminate on the basis of race. color. national origin, religion. sex, age, affectional or sexual orientation. or disability in any of its policies. proce dures. programs. or practices Published with suppoil from the Marriott corpora. bon Education Services 4 4 women; in sessions organized only by men, only 7 percent of the speak- ers were women. Since 1980, over 20 percent of PhD's in mathematics have gone to women. Beth Ruskai, Chair of the Joint Committee on Women in the Math- ematical Sciences, also found that if a session included only one woman, she was typically a senior woman. There was some indication that in a number of sessions without women, a \"big name\" woman had been invited but had turned the or- ganizers down. Ruskai suggests that men may be inviting only well- known women, although they will invite lesser-known men. Since began including women on program committees, the percentage of women giving hour-long addresses had increased, reaching 8 percent similar pattern was found in a series of ecology conferences: 23 percent of the invitees were women, if a woman was an orga- nizer (which is consistent with the representation of women in that field.) Only 7 percent of the invitees were women when there were no women organizers. The informa- tion was reported in the Winter 1994 issue of the Newsletter of the Caucus for Women in Statistics. Other women's caucuses and com- mittees in professional organiza- tions might want to examine the participation of women in theircon- ferences 1994 The University of Iowa's President, Hunter R. Rawlings, III, has proposed a new policy to substi- tute for the one originally proposed by the state Board of Regents, which would have required faculty members to warn students about sexually explicit materials that would be shown in classes. The policy originated when some stu- dents were offended by graphic films depicting gay sexuality (see About Women on Campus, 3(1), 1994, p. 1). The new policy requires profes- sors to notify students about \"un- usual or unexpected class presenta- tions or materials In the second of two reports examining the status of women at the University of Michigan, major findings included the following: The proportion of women in senior administrative positions de- creased from 30 percent to 22 per- cent between 1990 and 1992. Women represented 20 per- cent of the untenured and tenure- track faculty but 53 percent of lec- turers. In the past 12 years, the pro- portion of women in tenured and tenure-track positions increased by 3 percent. from 17 to 20 percent, while the proportion of women lee - turers rose by 10 percent, from 43 to 53 percent. Women of color represented only 3.1 percent of tenured and ten- ure-track faculty. Among junior faculty hired between 1984 and 1986, women hired as assistant professors were promoted to tenured associate pro- fessor in roughly the same propor- tion as their male colleagues. In the same cohort, the propor- tion of women of color promoted to associate professor was lower than either men of color, white women, or white men. Women at the University of Michigan, Volume Statistical Report on the Status of Women Stu- dents, Faculty and Staff at the Ann Arbor Campus was prepared for the Office of the President. For more information about the report, con- tact the Office of the President, University of Michigan, Ann Ar- bor 48104-2289 Despite objections from the U.S. Department of Justice, a fed- eral judge ruled that state-sup- ported Virginia Military Institute does not have to admit women, be- cause the state will create at Mary Baldwin College a separate mili- tary program for women compa- rable to what it provides men at VMI. Unlike the highly rigorous, disciplined 24-hour military envi- ronment at VMI, the Mary Baldwin program will require women to spend only two to four hours a week in uniform as part of the Reserve Officer Training Corps. The De- partment of Justice is considering appealing the judge's decision Shannon Faulkner, the lone woman attending the Citadel, an all-male state-supported military college, has described some of her experiences with fellow students as harassment. She said she has been the target of hisses, obscenities, and slurs like \"Mrs. Doubtgender. Much but not all of the harassment has been anonymous. The campus newspaper called her \"Shrew Shan- non,\" and bumper stickers pro- claim:\"Save the Males\" and \"Shave Shannon's Head.\" Her parents' home has been vandalized and her lawyer ostracized. Her high school (where her mother also teaches) has asked Faulkner not to wear shirts with the school's name on them during interviews. Faulkner was initially admitted to the Citadel when she asked her counselor to remove all references to her gender from her high school transcripts. When school officials learned she was female, her admis- sion was rescinded. Under a court order, Faulkner is allowed to attend the college, although she is not al- lowed to live on campus, drill with cadets, or eat with them. The case is now pending in federal court 4 1994 3 45 When asked by the New York Times about the harassment, presi- dent of the college Claudius Watts stated, \"1 resent impugning the in- tegrity of the corps of cadets. We're unhappy she's there don't deny that editor Bernice R. Sandler has received $15,000 as one of five Century of Women Special Achievement Awards. The award, presented by Turner Broadcasting System Super - station and Sprint, was given in conjunction with a pro- gram Century of Women, a six- hour documentary series reflect- ing the experience of women over the past 100 years, shown in June 1994. Sandler was honored for her work on issues involving women in education. She played a major role in the passage of Title and wrote the first reports on campus sexual harassment, campus gang rape, campus student-to-student harassment; the first report how women students are treated dif- ferently than male students in the college classroom; and most re- cently, the first report on how women faculty members are treated differently by men and women students. Sandler, who consults with colleges and uni- versities about equity in educa- tion, has also written extensively about sex discrimination in edu- cation Women Students More Likely to Plan for Gradute School For the first time in the 28 years that an annual survey of first-year students has been conducted, women are more likely than men to be interested in attending graduate school. Sixty-six percent of enter- ing women plan to seek advanced degrees. compared to 63 percent of the men. The figures for women were slightly higher for master's and doctoral degrees and for de- grees in medicine and law. In 1967, when the survey first began, three times more men than women said they would seek advanced degrees. The data come from an annual survey of over 220,000 first-year students conducted by Alexander W. Astin. Copies of \"The American Freshman: National Norms for 1993\" can be obtained fr. 1m the Higher Education Research Insti- tute, University of California at Los Angeles. Graduate School of Edu- cation, 405 Hilgard Avenue, Los Angeles 90024-1521 for $20 plus $3 shipping. Women Win Majority of Rhodes Scholarships For the first time since 1976, when women became eligible for Rhodes Scholarships, more than half of the 32 Americans chosen were women. Seventeen women were selected from more than 1,200 applicants. The scholarships, which enable students to attend Oxford Univer- sity. were established around the turn of the century for men by the estate of Cecil Rhodes, British phi- lanthropist and colonialist. Aa.ong the selection criteria are academic excellence, integrity, leadership ability, and athletic prowess The American Civil Liberties Union, on behalf of the National Center for Fair and Open Testing, has filed a charge of sex bias with the U.S. Department of Education. Each year, approximately 60 per- cent of National Merit Scholarships are awarded to boys, although 55 percent of the applicants are fe- males. The selection relies prima- rily on applicants' scores on the standardized Preliminary Scholas- tic Assessment Test (PSAT). Al- though on average high school girls earn higher grades than boys in major subjects such as English, his- tory, foreign languages, science, and the arts, (hut not in mathemat- ics), they score 50 to 60 points lower overall than boys on the and the Scholastic Assess- ment Test (SAT). The complaint cites numerous studies which indicate that stan- dardized assessment tests are not good predictors of women's perfor- mance in college. About 7,000 Na- tional Merit Scholarships are awarded each year winners receive about $2,000 per year. renewable annually during the undergraduate years 0 1994j 46 The National Merit Scholarship Corporation was not named in the Title complaint because it does not receive federal funds; Title IX, which prohibits discrimination on the basis of sex in education. covers only those institutions and organ- izations receiving federal funding. The Educational Testing Service (ETS) and College Board, which develop and administer the tests, were named in the complaint in- stead. The used a similar strat- egy in 1989 and succeeded in changing the way in which New York state awards its Regents Scholarships Iowa State University is rais- ing money for its center for women in politics by selling bricks for the new Plaza of Heroines. The bricks, which cost a minimum of $100 each, can be purchased only to honor women. Donors are asked to include a two-page (4,-scription and photograph of the woman or women they are honoring. This in- formation will be available in a computer database. The Plaza of Heroines will re- quire about 10,000 bricks. The building which is being renovated to house the center will be named after Carrie Chapman Catt. an Iowa State alumna who was active in suffrage politics Feminist Graduate Student Network has been recently been or- ganized at the University of Wisconsin at Madison to bring to- gether graduate students who are Women's Studies minors or who are interested in similar ideas. In addition to fostering communica- tion among, like-minded students, the network also will provide sup- port for feminist students who may find little concern or support for feminist ideas in their home depart- ment. Members range from first- semester students to those working on dissertations and those looking for employment. For further infor- mation, contact Shannon Green via e-mail at [email protected] or the Women's Studies Research Center at the University of Wiscon- sin, 209 North Brooks Street, Madi- son 53715 You may not have a daughter, but you are one. You may not be a mother, but you have one. From a Wellesley Center brochure For 14 years, the Center for Research on Women at Wellesley College has presented an annual Daughters and Mothers Collo- quium to which women can come as mothers and/or as daughters to ex- plore related issues. Students, alumni, and others are invited to attend. The popular day-long meet- ing has covered a variety of sub- jects; the May 1994 colloquium fo- cused on \"Dialogues on Sexuality.\" For further information, contact the Center at Wellesley College, 106 Central Street, Wellesley 02181-8259 Since 1986, the women's col- lective Women Defending Our- selves has taught a self-defense course to more than 600 women at Stanford University (CA). The course has been immensely popu- lar; it has not been unusual for 100 women to show up for the class, which can accomodate only 12. In August 1993, acomplaint was filed under Title (the federal law that prohibits sex discrimination in education) charging that the course discriminates against men, al- though men have other options on campus to learn about self-defense. When Stanford moved to integrate the class, Women Defending Our- selves canceled rather than inte- grate it. Subsequently, Women De- fending Ourselves has launched an all-out attack to reinstate the all- female class. They have pointed out that since Stanford did not undergo an investigation by the U.S. Depart- ment of Education, there has been no legal decision that the class vio- lated Title IX. Because Title al- lows some exceptions for compen- satory reasons, and because the Su- preme Court has set criteria for the 1994 5 47 use of compensatory purpose in jus- tifying all-female programs (Mis- sissippi University for Women v. Hogan, 1982), Women Defending Ourselves is making the argument that the all-female course serves a compensatory purpose. They claim that women at Stanford have a sex- based disadvantage and that the course is one means to compensate for that disadvantage memorandum marshalling the legal arguments is being pre- pared by Women Defending Our- selves to be presented to the Board of Trustees. For further informa- tion, contact Women Defending Ourselves, P.O. Box 9006, Stanford 94309 For its first campaign dealing with gender issues, the Advertising Council has approved the Women's College Coalition proposal for a na- tionwide public service advertising campaign on gender bias in schools. The campaign will focus on reaching teachers and parents of girls with information about what gender bias is, its consequences, and what schools and parents can do to make schools work better for girls. Acceptance by the Advertising Council means millions of dollars in contributed space in print publica- tions and on radio and television. For further information, contact the Women's College Coalition, 125 Michigan Avenue NE. Washington 20017 former University of Penn- sylvania undergraduate is suing the school, claiming that she was ha- rassed and coerced into a sexual relationship by her English profes- sor, Malcolm Woodfield, and that the school delayed and mishandled her complaint. She is suing Woodfield in state court and, in what may be a first, is also suing Bates College (ME). where Woodfield previously taught and was also accused of sexual harass- ment. Shortly after Lisa Topal filed her lawsuits, Penn began an investiga- tion and hearings. The hearings were stopped when Penn reached a settlement with Woodfield. As part of the settlement, Woodfield re- signed. Although he has acknowl- edged that he violated the insti- tution's policy stating that sexual relationships between students and their professors are unethical, Woodfield still claims that there was no harassment and that the rela- tionship was consensual, although Topal gave examples of his threats and retaliation when she tried to break off the relationship. She sub- sequently dropped out of Penn as a result of the harassment. Topal charges that Bates Col- lege had complaints that Woodfield sexually harassed students, but sent only positive recommendations to Penn when he was being considered there. Topal also charged that when Bates learned that Penn was inter- ested in hiring Woodfield, they dis- continued their investigation of charges of sexual harassment against him, and gave him only an oral reprimand. Topal's lawyer, Alice W. Ballard, says that Bates \"knew or should have known, that at any school that this man would go to, he would prey upon his students in exactly the same way that he did at Bates and that it was entirely foreseeable, if not likely, that some- one like Lisa Topal would have exactly the same experience she had.\" Should Topal win her lawsuit against Bates, institutions may have to take a second look at their proce- dures for situations in which an employee accused of sexual harass- ment takes a position at another institution. Although it is not un- usual for institutions to allow per- sons charged with or accused of sexual harassment to withhold that information while being considered for another position, some institu- tions have made a notation on the file and covey to prospective em- ployers something like the follow- ing: \"Smith left while being charged with sexual harassment. As a result of his departure, no formal hearing was held California Stale University at Northridge was incorrectly identified as the University of California at Northridge in our winter issue. Apologies from the editor 6 0 1991 43 $200,000 When H. Prentice Baptiste, a professor of educational leadership at the University of Houston, was accused of sexual harassment, he sued the university for $2.5 million campus judicial board had found him guilty of harassing a graduate student, Analinda Moreno, by \"un- welcome intimate physical con- tact.\" Moreno's complaint charged that Baptiste had hugged her and reached inside her pants. Baptiste denied the charges, accused the in- stitution of racial discrimination (he is black), and initiated a lawsuit against the university. He dropped a suit against Moreno in which he had claimed defamation. The university settled the suit with Baptiste for $200,000. As part of the settlement, Baptiste will leave the institution In what may be the largest study of sexual harassment of fac- ulty, nearly one in seven female faculty members reported that they had been harassed at some time while working at their current insti- tutions. Among the 30,000 male and female faculty members surveyed at 270 institutions, about three per- cent of the males reported they had experienced sexual harassment. Black women faculty were more likely to report harassment than other women. Women at Catholic On May 3,1994, a woman of vision died. Patricia M. King, who became director of the Schlesinger Library on the His- tory of Women in America at Radcliffe College in 1973, worked for two decades to de- velop it into the foremost women's history library in the United States. She was one of the first in her field to recognize that the new women's movement was an important part of history. During her tenure, the library's holdings more than tripled and became the repository for the papers of many notable as well as \"ordinary\" women. The Schlesinger Library is the larg- est archive on the history of American women. King brought the library out of its strictly academic setting into the community. Of par- ticular interest to her were oral histories, such as the Black Women's Oral History Project, which led to the well-known travelling exhibit, \"Women of Courage,\" which began in 1984 and is still in use. Her work is her legacy and will continue. But oh, she will be missed by many. institutions were least likely to report harassment; women at public institutions reported the highest incidence. Women at the highest rank, full professor, reported the most harass- ment, 24 percent, while only 13 percent of assistant professors re- ported experiencing sexual harass- ment during their academic careers. The study, \"Betrayed by the Acad- emy: The Sexual Harassment of Women College Faculty\" was con- ducted by Eric L. Dey, as assistant professor in education at the Uni- versity of Michigan, and Linda J. Sax and Jessica Korn, graduate stu- dents at the University of California at Los Angeles Several students, staff, and faculty have filed what may be the first class-action complaint against an institution of higher education for fostering a hostile sexual envi- ronment. UCSanta Cruz was charged with \"failing to adequately and effectively remedy severe and pervasive sexual harassment\" in the complaint filed with the U.S. De- partment of Education, which en- forces Title of the Education Amendments of 1972. Title pro- hibits sex discrimination, including sexual harassment, in educational institutions receiving federal assis- tance. The complaint gave numerous instances of \"egregious\" behavior, including several cases of sexual harassment and sexual assault which were handled badly by the institution. In one, a student was hired to work with a residential summer program for first-year stu- dents. although three first-year stu 41 1994 7 49 dents had complained about his sexually harassing behavior. In an- other, a rape victim who was asked about her sexual history was told \"Maybe you're just lying\" by the university police sergeant who in- terviewed her about the rape. The complaint also stated that the uni- versity was in noncompliance be- cause it \"failed to respond ad- equately to actual or constructive notice of the harassment, therefore creating and maintaining a hostile environment for several female stu- dents, staff and faculty over the period of several months and years for some individuals.\" The case was investigated by the Office for Civil Rights at the Department of Education and UCSanta Cruz was found in viola- tion of Title IX. The letter of finding, which details numerous instances of poor handling of com- plaints of sexual harassment and assault, despite policies and train- ing of staff, could provide guidance to those examining their policies and their formal and informal pro- cedures for dealing with sexual harassment and sexual assault. Copies of the letter of finding from OCR, dated April 29, 1994 and addressed to the Chancellor, can be obtained by requesting a copy (Docket Number 09-93-2141) from under the Freedom of Information Act. Contact: John E. Palomino. Regional Civil Rights Director, Region IX, OCR, Dept. of Education, Old Federal Building, 30 United Nations Plaza, boom 239, San Francisco 94102. The letter of finding found that Santa Cruz's poor handling of sexual harassment, sexual assault, and rape cases created a discrimina- tory environment. As of May 1994, Santa Cruz had refused to sign a \"corrective action\" plan, which normally results from a letter of finding In a letter dated April 29. 1994, to a complainant against Sonoma State University (CA), the Office for Civil Rights. of the De- partment of Education noted that Sonoma had been found to be in violation of Title because of sexual harassment and assault. The letter stated that the school's proce- dures failed to meet the require- ments of Title IX, and it failed to promptly investigate complaints, including six separate complaints alleging sexual assault by the same male student during the fall 1992 semester found that the school had focused on the women's consump- tion of alcohol and that school offi- cials had told the male student he was being \"victimized\" by racism, even though the wo is com- plaints were upheld by the evi- dence noted that the school did not address the discriminatory charge of the male student's behav- ior, raising the \"apparently false concerns of racism: this sophism offends Title IX.\" On April 15, 1994, Sonoma signed a compliance agreement plan, in which it agreed to take spe- cific remedial steps, although it has stated that it disagrees with several aspects of OCR's report. For a copy of this letter of finding (Docket Number 09-93-2131), write the ad- dress listed in the previous article On February 3, 1994, the Sen- ate Armed Services Subcommittee on Force Requirements and Person- nel examined the recently released study of the Department of Defense's efforts to eliminate sexual harassment at the service academies. The report by the Gen- eral Accounting Office found that between 93 and 97 percent of acad- emy women experienced at least one form of sexual harassment dur- ing the 1991 academic year, al- though only 26 incidents were for- mally reported. For copies of the report, contact your representative or senator. Starting in February, a number of women at the Air Force Acad- emy told campus authorities about incidents ranging from fondling to date rape. As a result, an instructor and a cadet have been court- martialed and jailed for sexual mis- conduct, three cadets have re- signed, and three more have been disciplined 24-hour confidential hotline has been established for re- porting sexual assaults. Shortly after the first assault was reported, Academy Superintendent, Lieutenant General Bradley C. Hosmer met with most of the fe- [ 8 0 1994 Some men (and women) are confused as to what behaviors constitute sexual harassment. The following questions may be especially helpful in assessing one's own behavior: Would mind if someone treated my wife, partner, girlfriend, mother, sister, or daughter this way? Would mind if this person told my wife, part- ner, girlfriend, mother, sis- ter, or daughter about what was saying or doing? Would do this if my wife, partner, girlfriend, mother, sister, or daughter were present? Would mind if a re- porter wanted to write about what was doing? If ask someone for a date and the answer is \"no,\" do keep asking? If someone asks me to stop a particular behavior, do get angry and do more of the same instead of apologizing and stopping? Do tell jokes or make \"funny\" remarks involving women and/or sexuality? (Such jokes may offend many people.) If the answer to any of these questions is yes, the chances of the behavior being considered sexual harassment are very high. Because such behavior is likely to be high risk, if you have to ask, it is probably better not to do it. Bernice R. Sandler male cadets in the campus audito- rium and ordered his male aidesand two males working in the projection booth to leave. He removed his in- signia of rank and promised the women confidentiality in exchange for the truth about campus sexual harassment. The meeting went on for nearly four hours, as women told story after story about their experiences few days later, Hosmer met with the male students. Although more than half the female students had said they knew someone who had been harassed, only 9 percent of the men knew of sexual harassment cases. The results? Counseling is now available for victims. Ten addi- tional investigators have been added to the four who examine complaints. Focus groups of 8 to12 students have been set up to discuss sexual harassment and leadership ethics new course on \"Gender, Race and Human Dignity\" is being offered and a new training program being developed to help faculty rec- ognize and address sexual harass- ment issues. First-yearstudents will watch upperclass students act out skits depicting date rape. Thirteen percent of the 4,027 cadets and 13 percent of the faculty are women In what may be the first video on cultural differences as they re- late to sexual harassment, peer ha- rassment, and rape, the University of Oregon explores four scenarios, each involving an international woman in a different situation. The first scenario, \"Too Much To Drink,\" involves an African fe- male student at a campus party: the second, \"Running,\" involves a western European female student who goes jogging; the third, \"Too Friendly,\" involves a Japanese fe- male student visiting her friendship family for a meal, and the fourth, \"Not So Hot Date.\" involves a Latin American female student who ac- cepts a date in a dorm room alone with her boyfriend six -page study guide accompanying the video suggests questions about 0 1924 9 51 stereotypes, power, gender, culture, communication, sexual harass- ment, and sexual abuse. Suggested behaviors are also discussed. The 25-minute video, But Thought You Wanted To'Cul- tural Differences in Incidents of Rape and Sexual Harassment,\" costs $25.00 plus $3.50 for ship- ping and includes the study guide and an evaluation form. Contact the Electronic Division, University of Oregon Bookstore, P.O.Box 3176, Eugene 97403 \"Sexual Harassment in Higher Education: From Conflict to Community\" briefly covers a wide range of issues, describing sexual harassment and the legal implica- tions, the kinds of behaviors in- volved, how often sexual harass- ment occurs and to whom, and what steps institutions should take to eliminate it. The last chapter of this 86-page book discusses how ad- ministrators and those involved with curriculum, teaching, student services, and athletics can create community from conflict 10- page list of references is also in- cluded. Written by Robert 0. Riggs, Patricia H. Murrell, and Joanne C. Cutting, the book is available for $17.00 from the Clearing- house on Education, School of Edu- cation and Human Development, The George Washington Univer- sity, One Dupont Circle NW, Suite 630, Washington 10036-1183 comprehensive curriculum for training campus judicial boards that deal with sexual assault cases has been developed by the State Council of Higher Education for Virginia. But the 66-page training manual offers much more. Its cov- erage of such issues as gathering evidence, planning the hearing en- vironment, and making decisions, as well as handling pre-hearing and post-hearing activities such as followup with accused, accuser, witness and support persons, par- ents, and committee members will be of help to persons evaluating and advocating for effective and fair policies and procedures 10-page facilitator's guide includes information on exercises and on coordinating the training ex- ercises and materials with the ac- companying 25-minute video. The cost for the training manual, facilitator's guide, and video is $75. Prepared by Vicki Mistr, Steven M. Janosik, Anne C. Schroer- Lamont, Lawrence A. Tucker, and Rebecca Weybright, all of whom consult on campus sexual assault, the materials are available from the State Council of Higher Education for Virginia, 101 N. 14th Street, 9th Floor, Richmond 23219. (Mistr is well-known for her work for the Council on campus sexual assault $1.35 Jim Huffman, former women's volleyball coach at Cali- fornia State University at Fullerton, was awarded $1.35 million by a jury after he claimed he had been fired because he pressed for equal treat- ment of female athletes. Huffman claimed he had been dismissed be- cause he and members of his volley- ball team had filed a sex discrimina- tion suit against the university. Shortly after that suit was settled, Huffman was fired. Huffman also received an un- disclosed amount for punitive dam- ages because his First Amendment right to free speech was violated similar case involves Rudy Suwara, a male coach of women's volleyball at California State Uni- versity at San Diego, who claims he was fired because he openly sup- ported a sex discrimination case filed by a parent of one of his play- ers. That case is currently pending. In still another case, Martin Hawkins, former coach of women's basketball at Loyola (IL), is suing that institution, claiming he was fired because of his criticism of the universitiy's record on equity Oklahoma State University's women's golf coach received $36,000 in back pay and damages although the jury also ruled she was 10 1994 not entitled to the same pay as the coach of the men's golf team. In 1992-93, Ann Pitts earned $35,712; the men's coach earned $63,000. The former head women's bas- ketball coach at Duquesne (PA) has filed a lawsuit claiming she was paid less than her male counterpart and that she was fired when she refused sexual advances of the university's athletics director. Renee DeVarney also charges that the women's basketball team had fewer assistant coaches and a smaller recruiting budget than the men's team. 'Marianne Stanley, former women's basketball coach at the University of Southern California, was turned down by the U.S. Su- preme Court in her bid to regain her job while her $8 million sex dis- crimination lawsuit against the in- stitution is pending Starting next year, the head coaches of women's basketball and gymnastics at the University of Georgia will receive a 69 per cent raise. In the past year, a number of schools have given substantial pay raises to coaches, particularly women's basketball coaches. The Universities of Florida, Iowa, Ten- nessee, Virginia; Kansas, Florida State, Texas Universities; and Stanford University raised women's salaries to either match or he closer to those of their male counterparts survey of salaries of head coaches by the Women's Basket- ball Coaches Association found that in NCAA's Division I, the base salary for women head coaches av- eraged only 59 percent of that of men. LESBL4N $1.5 Vicki L.Yost, a former field hockey player at the University of Maryland, is suing her coach, Mar- garet L. Meharg, for allegedly forc- ing her to keep silent about being gay. Yost claims she was pressured when the coach observed her kiss- ing another woman, that the size of her grant was decreased after she admitted being a lesbian, and that she had been threatened with the loss of her scholarship if she continued public displays of homo- sexuality In 1992-93, women's partici- pation in college varsity sports was the most ever: 99,859 women. Men's participation increased slightly over the previous year. The survey by the National Collegiate Athletic Association found that 34.8 percent of varsity athletes at schools were women. For men, the largest participation was in football; for women, outdoor track For the first time since 1901. when Radcliffe women at Harvard had its first team (basketball), the Harvard Varsity Club awarded one of its citations to a woman athlete. Betty Ritchey, a 1934 alumna, was inducted into the Club's Hall of Fame. Harvard's first \"Scholar Athlete,\" Ritchey was a member of the swimming team and captain of both the basketball and field hockey team; she went on to be a meinber of the United States Field Hockey Team WOMEN? The new 1993-1995 edition of the Directory of Financial Aids for Women presents comprehensive in- formation about special resources set aside for women. More than 1,700 scholarships, fellowships, grants, loans, awards, and intern- ships are listed. Each entry provides information about the title, spon- soring organization, purpose, eligi- bility, remuneration, duration, spe- cial features, limitations, number of awards, and deadline dates. Infor- mation is also indexed by program title, sponsoring organizations, geographic coverage, subject. and deadline date. Addresses and tele- phone numbers of state sources of educational benefits and refs rences for 60 other directories of financial aid are also listed. Written by Gail A. Schlachter, the 506-page directory costs $45.00 plus $4.00 for shipping and is avail- able from Reference Service Press, 1100 Industrial Road, Suite 9, San Carlos 94070 1994 11 53 r The American Association of University Professors has devel- oped a short bibliography, \"Se- lected References on Discrimina- tion Issues in Higher Education, In- cluding Some Legal Materials.\" Send a self-addressed stamped en- velope to AAUP, 1012 Fourteenth Street NW, Suite 500. Washington 20005 The Journal of Women and Minorities in Science and Engi- neering will make its debut this year. Aimed at policymakers, edu- cators, and managers, the journal will publish papers that report inno- vative ideas and programs for class- room teachers. scientific studies, and formulation of concepts related to the education, recruitment, and retention of underrepresented groups in science and engineering Lifting a Ton of Feathers by Paula Caplan if you've ever tried to make sense out of both subtle and overt gender bias in academe, Paula Caplan's hook will be helpful in describing the many forms that gender bias can take. She writes about everything and more than you may have wanted to know about sex discrimination: unwrit- ten rules and impossible proofs, the myths of academe, the male- ness of the environment, and other aspects of academic life. The second half of her hook deals with what to do, giving gen- eral principles of response as well as what to do in specific situations. Also included is a checklist for a \"woman-positive\" institution, data on gender bias, and suggested guidelines for hiring, promotion, and tenure committees 37-page bibliography covers both general areas and specific subjects: gradu- ate students; grievances and legal proceedings; job search and hiring; mentors, supervisors and role mod- els; nonregular instructional per- sonnel; older women; research, writing, publishing, obtaining grants; and sexual harassment and safety. The 273-page book is pub- lished by the University of Toronto Press, i40 Nagel Drive, Buffalo 14225 and costs $18.95 in paper, $45.00 hardback. F12 The first volume will include ar- ticles on feminist critiques of sci- ence, the teaching of mathematics and sciences, analysis by race/by sex of the effects of activities in elementary schools on students' en- joyment and confidence in doing science, and a description of a model project at the University of South Carolina designed to reach women. Subscription rates are $75 (insti- tutions) and $40 (individuals). For further information write the jour- nal at Begell House Inc. Publishers, 79 Madison Avenue, New York 10016-7892 The Association for Women in Science has published \"Mentoring Means Future Scien- tists,\" which describes its three- year mentoring program designed to encourage and retain under- graduate and graduate women in science $400,000 grant from the Alfred P. Sloan Foundation pro- vided funds for 59 local chapters to conduct mentoring programs, most of which went beyond traditional one-on-one mentoring. The report describes not only one-on-one programs but also other activities de.sigvd to foster reten- tion: small-group discussions meet- ings, large workshops with promi- nent speakers, scientific poster ses- sions, laboratory experience, and exposure to scientific conferences. It discusses whai worked and what 1994 did not. The report also covers the special concerns of undergraduate and graduate women, women of color, and students in different fields. Appendices include sample program materials, survey data, and an extensive bibliography listing resources on women in science and on mentoring. The 160-page report is available for $14.50 (members) or $17.50 (non-members) from AWIS, 1522 Street NW, Suite 820, Washing- ton 20005 16-page execu- tive summary is also available: $4.95 (members) or $7.95 (non- members). Initiatives Is Winner...Again! NAWE's award-winning journal, Initiatives, has done it again! The Educational Press Association of America, better known as Ed Press, has just announced that two awards have been made to the journal in this year's Distinguished Achievement Awards competition. Ed Press has selected Initiatives for its first-ever \"Golden Shoestring\" Award, the association's top Honor Award for \"a publication that has consistently demonstrated excellence in educational publishing despite working with very limited resources.\" And the Initiatives special two-part focus on \"Gender Equity in Math and Science\" has been honored in the Single-Theme/Publications for Adult Readers category. The prestigious Ed Press competition attracts more than ,500 entries each year. Editor Patricia Farrant accepted the awards at the Ed Press Annual Meeting in Chicago in early lune. Alice Miller served as guest coeditor of the \"Gender Equity\" issues and Lea Williams also made significant contributions to that project. Ron McClellen has served as Initiatives designer for over a decade 1994 r- a 55 .4 cS, c lidut ahoto\\ 131 This year, on the 20th anni- versary of the American Council on Education/National Identi- fication Program, the Office of Women in Higher Education established an Lead- ership award to recognize sig- nificant accomplishment in the advancement of women or the women's agenda in higher education. The decision to tar gained heightened awareness about the ingenu- ity, diligence, and commit- ment that characterize women across the country whose contributions to higher education deserve recognition. get this award to a college or university, a governing board, or an State Program, rather than to an individual, symbolizes the importance of in- stitu tionalizing support for women in higher education. The Executive Board put out a nationwide call for Leader- ship Award nominations and purposely established broad cri- teria, inviting projects that focus on women students, faculty members, trustees, administ, tors, and/or staff, in the hop identifying and recognizing the most creative initiative. Donna Shavlik and Judy Touchton of and mem- bers of the Executive Board were delighted with the overwhelmingly positive re- sponse the announcement of the Leadership Award brought. Nominations were received L\" from around the country and represented a diverse range of creative approaches to advanc- ing the agenda of women in higher education. Projects ranged from student leadership programs to major curriculum development focusing on gen- der perspectives to political cau- cuses to projects aimed at sup- porting minority women. The Executive Board had the pleasurable but difficult task of reviewing these wide-ranging nominations, fi- nally singling out the one that we felt had made the most signifi- cant contribution. The process involved contacting the nomi- nees to obtain additional infor- mation to glean the full scope of each project and to determine its potential to foster a women's agenda in higher education. As a result of these conversations and of the wonderfully supportive letters of nomination that were received, the gained heightened awareness about the ingenuity, diligence, and com- mitment that characterize women across the country whose contributions to higher education deserve 1 ecognition. The task of selecting a single awardee became so difficult, in fact, that the Executive Board, with the full support of Donna Shavlik and Judy Touchton, made the decision to increase the number of honorees. Thus, in addition to the originally con- ceived Leadership Award, we were able to present two Letters of Commendation at the an- nual Leaders' Meet- ing this February. Leadership Award Receiving the Leadership Award was the State of California Black Women's Lead- ership Conference. This 15-year-old initiative has created a successful program of professional develop- ment and networking opportunities for black women educators from community colleges. Letters of Commendation Letters of Commenda- tion were presented to Ursuline College, which used Women's Ways of Knowing (Belenky et al.) to trans- form the institution's curriculum, and to the State of Vermont, which for the past decade has run a successful student leadership program for undergraduate women throughout the state. Congratulations to all the projects nominated and a round of applause for those projects receiving special recognition! Notes prepared by Dr. Carol A. Moore, Provost and Vice President for Academic Affairs, Mercy College, Dobbs Ferry 4 19941 The Center for Women Policy Studies (CWPS) \"People who do advocacy work now don't remember what it was like before,\" says Leslie R. Wolfe, Execu- tive Director of the Center for Women Policy Studies (CWPS). An indepen- dent feminist policy research and ad- vocacy institution, the Center for Women Policy Studies was incorpo- rated as a nonprofit organization on March 1,1972, to focus on women's issues and to help shape national de- bate, policy, and laws as they affect women and issues of importance to women. For more than 20 Years, the Washington-based Center has played a key role in changing the ways women are viewed and treated in the United States. CWPS's accomplishments in- clude an impressive list of firsts: The Center was first to deal with women's policy issues at the national level, was one of the first to work with the issue of women and AIDS, and was at the forefront in urging Congress to ad- dress the topic of credit for women. Center founders Jane Roberts Chapman and Margaret Gates have noted that there \"is no place or orga- nization quite like the Center for Women Policy Studies, in both the breadth and scope of its work. It is continually evolving, taking on new issues, and developing exam- ines institutionalized and internalized barrierslegal, economic, social that block women's full and equal participation in American life. Its ac- tivities are designed to change institu- tions and empower woven. Current Center programs ad- dress: Educational equity \\\\Turk/family and workplace diversity policies ECOnOnliC opportunity for low income women Violence against women Girls and violence Women's health Reproductive rights and health Women and Leadership development \"We empower people from the out- side and push people from the inside,\" Wolfe notes number of Center programs pertain directly to women and postsecondary education. On the is- sue of welfare reform, for example, a goal is to ensure that policvmakers and educators consider higher education as a means to remediate welfare-related problems. In 1991, the Center convened a na- tional \"Brain Trust\" on economic op- portunity for low-income women to explore higher education as a route to economic self-sufficiency. The Center also considers policy options and strat- egies to support low-income women's access to and success in higher educa- tion. In 1988, the Center launched the Educational Equity Policy Studies Program to explore programs and strategies that work to recruit and re- tain women and girls of color in math- ematics, science, and technology. The Center has also been a leader in defin- ing gender bias in standardized tests. It is the Center's conviction that sex, race, and class bias throughout society must he addressed simulta- neously, that analyses of the status and needs of women must capture their diversity by race, ethnicity, economic status, disabilty, sexual orientation, and age. Central to analyses are the diverse interests of women of color. And, since 1987, the Center has worked to till the vacuum in public discussion and policy debate on women and AIDS. According to Wolfe, \"Nobody outside the government has any idea how much damage was done to the infrastructure under Reagan and Bush.\" Although the Center has high hopes that the Clinton administra- tion's agenda will continue to include women at all levels of policymaking, and that increased attention will be paid to how policies affect women, Wolfe says that \"the Clinton adminis- tration has much to do and must have a full eight years to implement it all.\" . . .there \"is no place or organization quite like the Center for Women Policy Studies, in both the breadth and scope of its work. It is continually evolving, taking on new issues, and developing.\" And the Center for Women Policy Studies expects to continue to play a central role in keeping women's issues near the top of the national agenda. For information about the Center's work and publications, write to the Center fbr Women Policy Studies, 2000 Street NIV,Suite 508, Washing- ton 20036. This profile of the Center for Women Policy Studies was prepared by Gina G. Luke, Assistant to the General Counsel of the American Council on Education. It is based on an interpiew Huth CiVPS Evecutire Director Leslie R. waft and on Center publications and materials 0 1994 15 5 7 Mycologist/Plant Pathologist The Department of Plant Pathology, University of California, Davis, invites applications for an 11-month tenure-track position at the Assistant Professor level that will be available starting Sep- tember 1, 1994. Closing date for applications is August 31, 1994. For more information concern- ing the requirements for and responsibilities of this position, and a complete position description, interested parties should contact Dr. James D. MacDonald, Chair, Mycologist Search Commit- tee, Department of Plant Pathology, University of California, Davis 95616. Phone (916) 752- 6897, FAX: (916) 752-0121, e-mail (Internet) [email protected] EMPLOYER. 0 of at RESPONSIBILITIES: Reports to Director of Athletics on financial status of all athletics activity: coordinates planning, developing. organizing and administering budgets; supervises monitoring of expenditures and develops financial reports to analyze and identify trends: coordinates and supervises all personnel matters and general resource management. REQUIREMENTS: Bachelor's degree. preferably in management or accounting; Master's and/or preferred. Minimum 8 years experience in management and accounting including budget preparation and control, management information systems and personnel administration. Must have effective written and oral communication skills. Experience in higher education and Intercollegiate Athletics desirable. SALARY: Negotiable; commensurate with experience. Full-time, twelve- month, professional staff appointment. UNIVERSITY: The University at Buffalo. the largest of lout unheNity center:, within the State Miversity of New York system. is a member of the [Division 11 and Mid-Continent Conference. Student enrollment totals 27,000. APPLICATION: Send application letter. resume and three professional references [with current phone numbers' by July 15, 1994 to eonard Snyder. University at Buffalo. 420 Crofts fall. Buffalo. New York 14260-7011. 1 he 'atvcrcar at Buffalo it as Anirmative eteatat gnat opportunor Fttplaver \u00a7M\u00a7ttift\u00a7\u00a7\u00a7\u00a7\u00a7\u00a7\u00a7\u00a7\u00a7\u00a7\u00a7\u00a7\u00a7\u00a7\u00a7\u00a7\u00a7\u00a7\u00a7\u00a7\u00a7\u00a7\u00a7\u00a7\u00a7\u00a7\u00a7\u00a7\u00a7\u00a7\u00a7\u00a7\u00a7\u00a7\u00a7\u00a7\u00a7\u00a7\u00a7\u00a7\u00a7\u00a7\u00a7\u00a7\u00a7\u00a7\u00a7\u00a7\u00a7\u00a7\u00a7\u00a7\u00a7\u00a7\u00a7\u00a7\u00a7\u00a7\u00a7\u00a7\u00a7\u00a7 California State Polytechnic University, Pomona California State Polytechnic University, Pomona, seeks an experienced, energetic professional to provide leadership and direction to its fund-raising and related activities. Cal Poly Pomona, a public university founded in 1938, is noted for its scenic and historic 1,400-acre campus, once the winter ranch of cereal magnate W. K. Kellogg. The campus is located 25 miles east of downtown Los Angeles in the Inland Valley, one of the fastest growing regions in the country. Cal Poly Pomona's 17,000 (13,400 and 59% ethnic minorities) students are enrolled in 55 baccalaureate and 16 masters degree programs with approximately 900 full -time and part-time faculty. The University has been raising $5-7 million annually in gifts and donations and plans to increase its commitment to advancement efforts in the years ahead. The Position/Duties and Responsibilities The Vice President for University Advancement is responsible for planning, organizing. and implementing the University's advancement program, which includes Development, Alumni Affairs, and Public Affairs. The Vice President is also responsible for coordinating the fund-raising activities of the University's six colleges and one school. One of four senior executive officers, the Vice President reports to the President and, as a member of the President's Cabinet, is directly involved in the overall planning and management of the University. Qualifications The ideal candidate will have at least five years of executive-level administrative experience in fund-raising and public affairs in higher education or in a large non-profit organization; demonstrated success in fund-raising; and excellent leadership, interpersonal and communication skills, with the ability to work with people of diverse backgrounds. Candidates with an appropriate graduate degree will be given strong preference; a bachelor's degree from an accredited institution is required. Appointment Date The University seeks to fill the position by August 1, 1994, but is willing to negotiate a later date as appropriate. Compensation Starting salary will be competitive and commensurate with qualifications and experience. The position includes a broad, attractive benefits package. Nominations and Applications Letters of interest or nomination should accompany resumes and be sent to Search Committee c/o Dr. Bob H. Suzuki, President California State Polytechnic University, Pomona 3801 West Temple Avenue Pomona, California 91768-4020 Nominees for the position will be invited to apply. All candidates must submit a complete formal application, which will consist of the following: a) a letter of interest, including a statement of how the candidate satisfies the position qualifications listed above; b) a current curriculum vitae; c) the names, titles, addresses, and telephone numbers of five colleagues who can provide current assessments of the candidate's qualifications for the position. Finalists for the position should be prepared to provide three letters of reference upon request. Review of completed applications will begin on May 20, 1994, and will continue until the position Is tilled. California State Polytechnic University, Pomona, is en Equal Opportunity, Affirmative Action Employer. Women and minorities are strongly encouraged to apply. The University hires only individuals lawfully authorized to work In the United States The University of California, Santa Barbara invites applications for the position of Personnel Director. The Personnel Director organizes, supervises, and operates a diversified staff personnel program which covers approximately 5,900 employees, with a staff payroll of approxi- mately $87,300,000 annually. The Director manages employment, labor & employee relations, training, classification/compensation, records, and for bothfaculty and staff, benefits, vocational rehabilitation, and counseling & career referral services. The Department of Personnel Services has an annual budget of $1.8 million and a staff of approxi- mately 30 people. Candidates must posses leadership, management and consensus building skills; knowledge of personnel practices. affirmative action and budgeting. Substantial experience in an area of personnel administration/ human resources is required; including demonstrated experience in re- cruitment, assessment, development and training needs for a diverse work force. Responsible for advancement and maintenance of Personnel's electronic information systems. College degree required, advanced degree desirable. Salary: $66,900- S90,000per year, commensurate with qualifi- cations and experience. Applications and/or resumes should be submitted by July 1, 1994. Please refer to job number 94-05-020. Send materials to: Linda Raney University of California, Santa Barbara Administrative Services 4129 Cheadle Hall Santa Barbara 93106-3160 Santa Barbara is an Affirmative Action/Equal Opportunity Employer committed to fostering diversity in its faculty, staff and student body and welcomes applications from minorities, women and persons with disabilities. call for papers . Achieving Gender Equity in the Classroom and on the CampusThe Next Steps The American Association of University Women welcomes papers for its symposium, Achieving Gender Equity in the Classroom and on the CampusThe Next Steps, to be held June 22-24, 1995, in Orlando, Florida. Topics will address: advancing the status of women employees in public and higher education; achieving equity for women/girkiudents; and fostering a womal/girf-friendly campus/school climate. Papers must be postmarked by Sept. 20, 1994. For details, contact AAUW, = 11 .)ixteenth St. kW., #518C, Washington 20036-4873, 202/785-7759 k\\ Co sponsors: Association for Continuing Higher Education, Association of Teacher Educators, (enter for the Education of Women, and Center for Women Policy Studies It's easyand cost-effectiveto advertise in the About Women on Campus Job Line and Etcetera. Quarter page (3 1/2\" x 5\") $150 Half page (3 1/2\" x 9 1/2\" or 7\" x 5\") $200 Full page (7\" x 9 1/2\") $300 We can accept camera-ready display ads or set type from your copy. For more information or to reserve ad space, call 202/659-9330 or 202/457-0946 or write: About Women on Campus 1325 18th Street NW, Suite 210 Washington 20036-6511 59 World Conference on Women: Beijing 1995 The United Nations will hold its Fourth World Conference on Women September 4 to 15 in Beijing, China. The conference is intended to address the For- ward-Looking Strategies devel- oped at the Third World Confer- ence on Women held in 1985 in Nairobi, Kenya. In addition to the formal conference, there will also be a forum for non- governmental organizations (NGO's). U.S. Regional Prepa- ratory Meetings are being held in different locations throughout the e United States. For information at the Regional Preparatory meetings, contact: Women's Bureau Department of Labor Washington 20210 For information about the World Conference on Women, contact: World Conference Secretariat Secretary General World Conference \"Beijing\" 2 United Nations Plaza DC2 1220 New York 10017 For information about the Forum, contact Forum Planning Committee Forum 95 777 United Nations Plaza, 8th floor New York 10017 zz 4 The sixteen articles in this special two-part focus of Initia- tives, the award-winning journal of the National Association for Women in Education (NAWE), explore what we can do to in- crease the numbers of girls and women who take courses in math and science and consider and enter careers requiring skills in these areas. They provide a useful overview of the current situation, details about success- ful initiatives and programs, models for replication, strate- gies for recruitment and reten- tion, pyschological and socio- logical perspectives, and sug- gestions about what remains to be done to help assure access and equity for girls and women. Published in 1993 Two issue set: $26.00 (postage included) All orders must be prepaid. Order from at the address on outside back cover The University of Vermont will host a conference on gender issues in higher education, cov- ering a wide range of issues such as transforming the curriculum, pedagogical issues, institutional restructuring, women in non- traditional fields and roles, and promoting professional ad- vancement. Shelia Tobias Nti keynote the conference. For information, write the Division of Continuing Educa- tion Conferences, 30 South Park Drive, Colchester 05446-2501. Initiatives: journal of the National Association for Women in Education Sexual Harassment: Persistent Themes/Practical Responses Call for Manuscripts In 1983, the National Association for Women in Education (NAWE) published the first journal issue devoted exclusively to the then-emerging topic of sexual harassment on campus. This groundbreaking issue was followed by a two-volume update on harassment later in the decade. Now we are inviting submissions for a special issue of Initiatives that will take stock of where we are with respect to the persistent problem of harassment as we approach the middle of the 1990s. We welcome manuscripts on such topics as: The sexual harassment/academic freedom debate: Innovative responses Harassment and the culture of violence Backlash, institutional intrigue, legal battles, and similar hassles. How advocates and others who deal with complaints cope with the personal costs Educating culturally and ethnically diverse students about sexual harassment Addressing harassment through mediation and conflict resolution techniques Fighting sexism in fraternities: Initiatives that work Harassment based on race and gender: The situation of women of color Less common but still problems: Same-gender and female-to-male harassment Beyond policy dissemination: Practical and proven techniques for educating the campus community about harassment Peer educators: What works The implications of court cases (e. g., Franklin v Gwinnett; Harris v Forklift) Children and teens: Harassment in the K-12 environment Resources: Books, films, videos, handbooks Submission guidelines appear in every issue of the journal. Or, contact the editor. Address correspondence to: Dr. Patricia A. Farrant do American College Testing P. 0. Box 168 Iowa City, Iowa 52243 Submission deadline: November 1, 1994 am concerned about women on campus and want to enter my subscription to About Women on Campus. manariimmiernamsayaunammisa aaawnwmami a Special introductory subscription rates: Individual 1 year (four issues) $20 Institution 1 year (four issues) $28 2 years (eight issues) $35 2 years (eight issues) $50 Foreign subscriptions-. Please add $7.00 per subscription to cover additional postage. Discounts are available for bulk subscriptions mailed to a single institutional address. Call 202-659-9330 202-457-0946) for details. Name Title Institution Aftess City/State/Zip \" Send subscription form and check or institutional purchase order made payable to to: a About Women on Campus,13.25 18th Street NW, Suite 210, Washington 20036-6511 man wairaammxmailammx want to know more about the National Association for Women in Education, one of the nation's oldest national professional education associations. Send information about membership to the address have provided above. National Association for Women in Education Suite 210, 1325 18th Street 7 Washington 20036-6511 1301 4300 20850 6 Second Class Postage Paid at Washington ,itriF 3 1994 $1 During the last four years, the University of California at Los An- geles has paid more than a million dollars to settle four cases involving sexual harassment, sexual assault, and sexual discrimination paid $300,000 to a fe- male student who was sexually as- saulted in a dormitory by two men. She charged with failure to provide adequate security. Another $330,000 went to an employee who charged a married faculty member with rape, molesta- tion, and sexual abuse. The faculty member, who was described by the employee's attorney as a person of \"power and prestige within the university,\" was accused of coercing the employee into having sexual contact, raping her twice in his home, and continuing to harass her on campus, including locking her in his office to watch him masturbate. The woman eventually suffered an emotional breakdown. The faculty member was suspended without pay former manager in the De- partment of Business Enterprises, who supervised over 40 student employees, was paid $163,000 to settle a complaint in which she ac- cused her supervisor of sexual lan- guage and harassment. He un- zipped his pants to tuck in his shirt, discussed his vasectomy, and told about going home to have \"indus- trial sex\" with his wife. covT1 The Money Watch 1 Working in Academe 3 Sexual Harassment 4 Sexual Assault 6 From Around the Campus 8 Women In Athletics 10 Women and Science 11 Resources 12 14 15 The fourth case was settled for $225,000, paid to a woman who said she was harassed as a result of a medical leave she took because of complications of pregnancy officials said the settle- ments were confidential in order to protect the victims and to save taxpayers the cost of litigation. The attorney for one of the victims, however, stated that it was the univer- sity, and not her client, who insisted that the settlement be confidential. The cases came to light when the Daily Bruin, the student newspaper, obtained a court order after the Ch,-..cellor had mentioned the settle- ments in a 1992 news conference but provided no other information $175,000 The University of California at Davis paid a female student more than $175,000 to settle a lawsuit filed against the institution. She charged that her geology professor El Philip W. Signor, subjected her to unwanted sexual advances and retaliated against her when she reported his behavior to university officials. Graduate student Donna Hunt is suing Signor separately. She was also guaranteed a $16,000 per year position as a research assis- tant until she finishes her doctorate in geology $1.5 jury awarded $1.5 million to a former professor who was allowed to resign with an early retirement settlement after he was accused of sexually harassing several students. The University of Puget Sound was then accused of wrongfully discharging Harmon Zeigler by failing to investigate the accusations that he had sexually harassed three students, and failing to follow proper procedures. The judge said that had used undue influence to force Zeigler to accept termination. Four current pro- fessors, two of whom admitted having relations with students, testified that they had been warned or reprimanded but were not forced to retire or resign. Zeigler was the highest paid professor at UPS. The school had not decided whether to appeal the award at this writing. Eleven days after the Zeigler award settled another sexual harassment case with Beth Kalikoff, a former untenured English professor who charged she had been denied tenure because she helped two female students file sexual harassment complaints against two tenured male English professors. The amount of the settlement was undisclosed $500,000 Vermont jury awarded $500,000 to Leroy Logan, who had been dismissed from Bennington College (VT) after he was accused of sexually assaulting a male stu- dent. His dismissal came after a committee of faculty, staff, and stu- dents found that he had sexually assaulted a student during a semes- ter in Wales. Logan sued for breach of con Women's Issues Project National Association for Women in Education Suite 210. 1325 18th Street Washington 20036-6511 Project Director: Patricia A. Farrant Editor: Bernice Resnick Sandler Business Manager: Patricia Rueckel The Women's Issues Project of the National Associa- tion for Women in Education publishes the quarterly newsletter About Women on Campus in cooperation with the Center for Women Policy Studies to provide information about programs, isses. and concerns of women students, faculty, and administrators. Asso- ciation members receive About Women on Campus as part of their $75 membership tee. Individual sub- scriptions are $20 for one year and $35 for two years Institutional subscriptions are S28 for one year and S50 for two years. ISSN: 1061 768X Application to mail 2nd class postage rate pending at Washington Postmaster: Send address change to About Women on Campus. 1325 18th Street NW. Suite 210, Washington 20036-6511 Volume 3, Number 4, Fall 1994 \u00a9 1994 by the National Association for Women in Education The National Association for Women in Education is an independent nonprofit professional organization dedicated to the education and professional and Personal development of women and girls An impor- tant force in American education for more than 75 years. the Association is at a crossroads, serving new populations, expanding its so, vices, and developing new and innovative programs to meet the ever changing needs of women in education The National Association for Women in Education does not disciminate on the basis of race, color. national origin. religion, sex, age, al fectional or sexual orientation, or disability in any of its policies. proce dures, programs. or practices Published with support rom the Marriott Corpora. lion. Education Services tract, charging that the committee had restricted his right to defend himself at the hearing by not allow- ing him to have a lawyer present. Logan's challenge that he was entitled to due process in employ- ment-related matters even though Bennington is a private institution was rejected by the judge before the case came to trial. In an unusual move, the jury ignored the judge's instructions that they must limit the amount of com- pensatory damages to $272,712, the terms of Logan's five-year contract. Whether Bennington will appeal is not known $529,836 When Cynthia Fisher did not get tenure as a biology professor, she charged Vassar with discrimi- nation, stating that the school de- nied her tenure partly because she was older than her peers and mar- ried with children and that, for the same reason, she was paid less than men or single women in her depart- ment with lesser credentials. The 102-page opinion by Judge Constance Baker Motley noted that in the 30 years before Fisher's tenure review, no married woman had been granted tenure in the hard sciences. Vassar was also ordered to rehire Fisher for a two-year period $328,000 California State University at San Jose agreed to pay $328,000 to its former associate athletic director to settle her suit which charged that 1 1994 she had been wrongfully termi- nated in 1991. Mary Zimmerman had been at San Jose since 1982, serving as women's athletic direc- tor until 1987, when the men's and women's departments merged, and then serving as associate athletic directo . Zimmerman charged she had been fired because of sex dis- crimination and her advocacy of gender equity. San Jose is also being investi- gated by the U.S. Office for Civil Rights of the Department of Educa- tion for violations of Title Three noted feminists have received MacArthur awards in recognition of their innovative contributions Charlotte Bunch, Director, Center for Women's Global Leadership, Douglass Col- lege, Rutgers University, New Brunswick Heidi Hartmann, Director, Institute for Women's Policy Research. Washington Adrienne Rich, writer and poet The awards, often called \"genius\" awards, carry a sub- stantial amount of money. Older recipients receive higher amounts. Congratulations Old Dominion University (VA) routinely sends women can- didates for positions at the College of Arts and Letters a one-page flyer which describes women at ODU. An introduction discussing ODU's commitment to women is followed by a description of the women's studies program, the university women's caucus, and the women's center. Four women faculty tell how is good for women and the flyer concludes with a message from the dean similar flyer could be used at other institutions. One could also be developed for women students in general. For copies of the flyer, write Dean Charles 0. Burgess, Old Dominion University, Norfolk 23529 Northwestern University (IL) has promised to actively recruit openly gay and lesbian employees. Although gays and lesbians are of- ten protected against discrimina- tion by internal institutional poli- cies and although some schools state in job advertisements that they do not discriminate on the basis of sexual orientation. Northwestern may be the first to actively recruit gay and lesbian employees. In March 1993, Northwestern trustees approved a strategic plan that expands the list of underrepresented groups that the school must recruit, adding openly gay persons, people with disabili- ties, and veterans Domestic Partner Benefits Case Study examines how Stanford University developed and imple- mented a program to provide fringe benefits to domestic partners of its employees and their children. The monograph, which grew out of an internal report submitted to Stanford's committee on faculty and staff benefits, examines ethical, administrative, legal, and cost is- sues related to whether the univer- sity could extend health benefits, tuition grant benefits, athletic and library privileges andmore to a new group of beneficiaries. It discusses definition problems, describes a registration and deregistration pro- cess, and provides a sample domes- tic partner form. Stanford trustees voted to adopt benefits for same- sex partners of employees but did not approve benefits for opposite- sex partners. The booklet is published as part of the Human Resource Mono- graph Series of the College and University Personnel Association. Available for $15 for mem- bers, $20 for nonmembers, from CUPA, 1233 20th Street NW, Suite 301, Washington 20036-1250. \"Equal Pay for Equal Families\" describes campus developments in providing domestic partner ben- efits, discusses many of the issues 0 1994 65 described above, and lists 24 uni- versities which offer benefits. The article, by M.V. Badgett, appeared in the May-June 1994 issue of Aca- deme, a publication of the Ameri- can Association of University Pro- fessors, pp. 26-30 new group, open to profes- sors and students, will work to maintain legitimacy of student/fac- ulty romances, including those occuring while a student is enrolled in the professor's class. Members object to the banning of such relationships, calling it \"tyr- anny\" that infantilizes women and rejecting the notion that such rela- tionships can fall under the rubric of sexual harassment. About 50 people belong, according to Barry M. Dank, a sociologist at California State University at Long Beach, who organized the group and is himself involved with a student. No numbers are available on how many institutions prohibit or warn against such relationships. What is clear, however, is that the fact that a relationship was once consensual is no defense against a subsequent charge of sexual harass- ment. Often a consensual relation- ship turns into sexually harassing behavior when the student attempts to leave it Taylor August, director of the regional Office for Civil Rights of the U.S. Department of Education in Dallas, has been accused of sexu- ally harassing members of his staff. The Dallas office is responsible for enforcement of several civil rights laws such as Title which prohib- its sexual discrimination, including sexual harassment, in educational institutions. The region includes schools in Arkansas, Louisiana, New Mexico, Texas, and Okla- homa. The Department of Education is investigating the complaint, which was sparked by three Texas mem- bers of the U.S. House of Represen- tatives who contacted the Secretary of the Department of Education after they communicated with members of August's staff When neurosurgeon Frances K. Conley told the nation about how she had been sexually harassed by colleagues at Stanford University Medical Center, she received wide- spread coverage in the nation's press. Now another woman has ac- cused Stanford of not taking sexual harassment complaints seriously. Helen Bae has accused noted psy- chologist and emeritus professor Seymour Levine of making sexual remarks and touching her in an tin wanted and aggressive manner. Bae's attorney, Jennifer Drobac, earned her bachelor's, master's and law degrees from Stanford: her great-grandfather, in- dustrialist Henry Kaiser, gave gen- erously to the university The U.S. 1partment of Edu- cation has issued a new set of guidelines and regulations: Guidelines for the Office for Civil Rights staff on how to inves- tigate racial incidents and harass- ment against students. The guide- lines build on sexual harassment court decisions concerning a hostile environment. (Note is currently developing materials to provide guidance on dealing with hostile environment sexual harassment.) For further informa- tion contact: Jeanette J. Lim, U.S. Department of Education, Room 5036 Switzer Building, 400 Mary- land Avenue, SW, Washington, DC, 20202-1174. The final regulation for institutions to follow in imple- menting the Campus Security Act, concerning policies and the reporting of criminal acts on campus. Statistics about the incidence of rape and other sexual offenses including forcible fondling must be included. Among other things the institution must also disseminate its policy concerning sexual assault, what programs it conducts and what procedures should be followed if an assault occurs. The regulation appeared in the Federal Register, April 28, 1944 4 1994 The U.S. Supreme Court has refused to review a federal appeals court decision which ruled that Co- lumbia University was liable for the harassing actions of one of its offi- cials, even though the university had reasonable procedures in place and dealt promptly with the com- plaint when it arose. The Supreme Court's decision reinstates a 1990 lawsuit by former student, Sharon Karibian, who charged she was forced into a sexual relationship by Mark Urban, her supervisor in the development office. Urban maintained that the relationship was consensual. Co- lumbia claimed no liability because they handled the complaint promptly and pressured Urban to resign, which he did federal dis- trict court accepted Columbia's reasoning and dismissed the case, but the U.S. Court of Appeals for the Second Circuit disagreed, stat- ing that since Urban was a Colum- bia employee, the school was re- sponsible for his conduct. Briefs in support of Columbia were submitted by the Commission on Independent Colleges and Uni- Are Harassing E-Mail Messages Electronic Violations of Stalking Laws? Institutions might want to ex- amine their harassment policies and state anti-stalking laws to de- termine how they will deal with stu- dents who threaten other students via e-mail Michigan man has been charged with violating Michigai 's anti-stalking law for sending threat- ening messages via e-mail to a woman he met through a video dat- ing service. After meeting a few times and exchanging messages on their computers, she told him to \"get lost.\" Andy Archambeau then left a message on thewoman's answering machine saying that he had secretly watched her leave work. Although he did not threaten her directly, some of his remarks could be con- strued as putting her safety in jeop- ardy. The woman called police, who told Archambeau to have no con- tact with her by telephone or com- puter. He sent her additional mes- sages, including a threat to e-mail their \"story\" to America Online and to her parents and friends, includ- ing the comment \"This letter is the LEASTof the many things could do to annoy you.\" Dave Bansar, a policy analyst with the Electronic Privacy Informa- tion Center in Washington, DC, says that electronic stalking should not be treated any differently than physical stalking. \"If it's considered stalking when you send mail through the U.S. Postal Service or over the phone, the same kind of rationale should be used for elec- tronic networks.\" Although many institutional sexual harassment policies could be interpreted to cover electronic harassment, few if any do so specifi- cally 1994 versities in New York and by a group of colleges and universities, including Brown, Johns Hopkins, Princeton, Stanford, the Presi- dent's Council of the State Univer- sities of Michigan, the Universities of California and Illinois, and others. The briefs suggest that if colleges and universities had to supervise \"verbal expression\" or monitor employee conduct and speech, this would clash with tradi- tional values of academic freedom and free speech. Karibian's attorneys argued that when a supervisor uses the employer's authority, he becomes the employer vis-a-vis the em- ployee. \"It is the employer, not the victim, who is in the better position to prevent a supervisor from using his delegated authority to sexually harass a subordinate employee and to pay the cost if such harassment occurs The U.S. Court of Appeals for the Third Circuit has held for the first time that an employer is liable for post-employment retaliation against employees who file com- plaints of discrimination, including sexual harassment. The case involved a New Jersey school teacher who was fired after she charged that her supervisor had made unwanted advances toward her, which she rebuffed. After her dismissal and when she filed charges in state and federal court 6 7 the school began proceedings to re- voke her teaching license. The court ruled that \"an ex- employee may file a retaliation action against a previous employer for retaliatory conduct occurring after the end of the employment relationship when the retaliatory act is in reprisal for a protected act within the meaning of [Title of the Civil Rights Act] and arises out of or is related to the employment relationship.\" Although the case did not involve a postsecondary institu- tion, it covers universities and colleges as employers The Equal Employment Op- portunity Commission, which en- forces Title of the Civil Rights Act, has found that the University of Miami purposely discriminated and retaliated against a female pro- fessor who filed a sexual harass- ment complaint against a promi- nent scholar. (Title prohibits employment discrimination, in- cluding sexual harassment.) Vendulka Kubalkova accused Soviet expert Jiri Valenta of sexual harassment. Valenta was dismissed shortly thereafter. Kubalkova is now suing UM, charging that the dean of the Graduate School of International Studies denied her lucrative assignments and perks, such as directing an institute or overseeing a grant. Charging violations of Title VII, Title of the Education Amendments (prohibiting sex discrimination in educational institutions), she is seeking com- pensation for emotional duress and differences in pay she might have received An innovative poster calling on men to help prevent sexual assault has been published by Sexual Assault Services at Rutgers Univer- sity. Unlike most efforts to prevent acquaintance assault which focus on women as potential victims or as survivors, this poster focuses on men and has a blunt messagethat real men respect other people. Entitled \"The Real Men of Rutgers,\" the poster features photos of 12 male students who condemn sexual vio- lence. Participants include athletes, student government leaders, and fra- ternity members and reflect the many cultures and diverse student groups represented on campus. Under each student's picture is a short description of his accomplish- ments and a statement condemning violence against women. Most of the men who were asked to take part in the project accepted. Created by graduate student Jay Bernhardt, the poster has been placed in residence halls, student centers, and other busy areas. The idea can be readily adapted for use on other campuses.The poster is available for $15 from Sexual Assault Services at Rutgers Uni- versity, New Brunswick 08903 new study indicates that the percentage of women who drink alcohol primarily to get drunk has tripled since the mid-1970s so that it now nearly equals the percentage of men who do so. Thirty-five percent of college women polled in 1993 reported that they drank to get drunk. Increased rates of drinking have led to high percentages of rape, vio- lence, arid accidents. The study re- vealed that 90 percent of reported campus rapes occur when either the assailant or his victim, or both, have been drinking. Ninety percent of violent campus crimes and 80 per- cent of campus vandalism also in- volve alcohol. Sixty percent of col- lege women who had been diag- nosed with a sexually transmitted disease such as herpes or were drunk at the time of infection. White male students averaged nine drinks a week, followed by Latino men (5.8 drinks), white women (4.1 drinks), and African American men (3.6 drinks). Afri- can American women reported the least, averaging one drink a week. [ 6 4 1994 Discrimination complaints, especially those concerning sexual harassment, have been increasing. The Equal Employ- ment Opportunity Commis- sion, the agency dealing with discrimination cases under Title (which prohibits dis- crimination against employees) reports that the number of cases involving sexual harassment nearly doubled from 1991 to 1993, to 11,908. The Office for Civil Rights at the U.S. Department of Educa- tion reports that more colleges were cited for discrimination in 1993; findings of sex discrimi- nation cases doubled to 44 from 1992 to 1993. Sexual ha- rassment complaints jumped to in contrast to 40 two years earlier In 1993, employees won twice as much money in sexual harassment charges resolved by the Equal Em- ployment Opportunity Com- mission as those whose cases were resolved in 1992. The Center for Women in Govern- ment reports that approxi- mately 1,500 people won 25.5 million in monetary ben- efits from their employers in 1993, compared to some 1,300 people who won $12.7 million the previous year. The money covered back pay, re- medial relief, damages, pro- motions, and reinstatements. Over 8,000 people in 1993 won non-monetary benefits such as policy changes, train- ing programs, and other mea- sures to stop discrimination The Center for Women in Government also reports that a higher percentage of sexual harassment charges, com- pared to other charges of dis- crimination, are resolved by the Equal Employment Op- portunity Commission with outcomes favorable to the person who made the charge. No reasonable cause was found in only 33.4 percent of the cases during 1993. College men still drink more than college women; 54 percent of men reported binge drinking in the previous two weeks, compared to 38 percent of the women. The report was issued by the National Commission on Sub- stance Abuse at Colleges and Uni- versities, with data collected by Columbia University's Center on Addiction and Substance Abuse. Data from other studies were also included In June 1993, the Pennsylva- nia State Supreme Court ruled that saying \"no\" to a sexual assault is not enough to prove that a woman was raped. The woman must show proof of \"forcible compulsion\" or the \"threat of force.\" The unanimous ruling was seen as a major setback for women who have been sexually assaulted in Pennsylvania; it goes against the trend to define rape as sexual as- sault without consent rather than to require proof of force. The case involved two East Stroudsburg University students. The woman had gone to a male student's room searching for a friend. Robert Berkowitz closed the door, placed her on a bed and had intercourse with her. Berkowitz did not threaten or physically restrain her. The woman did not resist or scream, although she continuously said \"no 0 1994 6 In Pennsylvania's sexual assault laws, force is the key issue: the laws do not deal with the issue of consent. Eleven days after the decision, the state Senate unanimously ap- proved legislation to change state law so that conviction would not require proof of force or threat of force. Similar legislation has been introduced in the Pennsylvania House. Since the decision, at least one rape case has been dropped. It involved a rape charge against a Salvation Army official which was invalidated because the woman did not fight back although she repeat- edly told the man to stop. The ruling affects all students in Pennsylvania colleges and univer- sities who bring criminal charges. It does not affect campus policies which use a definition of rape as sexual assault without consent No Nonsense Self-Defense: 10 Easy-To -Learn Techniques is a good reference for those interested in self-defense. The 31-page book- let summarizes basic easy-to-learn self-defense moves with clear illus- trations. Although probably best used as a reference for those taking self-defense classes, it would be useful to anyone interested in the subject. Available for $3.95 plus $2.00 shipping from the Company, 16478 Beach Blvd., #330C, Westminster 92683 federal judge ruled that The Citadel must admit Shannon Faulkner immediately, but the deci- sion was then overturned by a fed- eral appeals court. Judge C. Weston Houck had declared that excluding women from the college's Corps of Cadets violates the equal protection provisions of the Fourteenth Amendment. Faulkner applied to The Citadel in 1993, after asking her high school guidance counselor to delete all references to her gender from her application. She was readily admit- ted (she had a 4.0 grade-point aver- age and a varsity athletic record), but was rejected when the school learned she is female. Under a court order, Faulkner has been attending classes with other cadets, but has not been allowed to live on campus, drill with the cadets, eat with them, wear the Citadel uniform, or have any other privileges the 1,950 ca- dets hold. She has described numer- ous instances of harassment, in- cluding lewd and offensive remarks made by cadets and townspeople. Judge Houck had ordered the school to devise a constitutional remedy for future female appli- cants, with the aim of instituting it for the 1995-96 school year. Al- though the possibility had been left open that the school could establish a parallel program for women at another college. The Citadel has so far been unable to find another insti- tution in South Carolina willing to do so. In May 1994, a Virginia judge allowed a parallel program for Virginia Military Institute to be set up at Mary Baldwin College, a private institution for women. The Citadel and Virginia Mili- tary Institute are the only two all- male state-supported colleges in the nation. This latest decision will be appealed It's easyand cost-effectiveto advertise in the About Women on Campus Job Line and Etcetera. Quarter page (3 1/2\" x 5\") $150 Half page (3 1/2\" x 9 1/2\" or 7\" x 5\") $200 Full page (7\" x 9 1/2\") $300 We can accept camera-ready display ads or set type from your copy. For more information or to reserve ad space, call 202/659-9330 or 202/497-0946 or write: About Women on Campus 1325 18th Street NW, Suite 210 Washington 20036-6511 8 4 1994 Compared to those of a decade ago, today's college women are diet- ing less, are weighing about five pounds more, and are happier in general new study of current and former Harvard and Radcliffe under- graduates shows that dieting and eat- ing disorders for women declined about nine percent during the ten- year period. The study also found that women with a history of dieting and eating disorders worry less about their weight ten years later. In contrast, almost half of the men gained at least ten pounds after col- lege and became dieters by age thirty; some developed eating disorders. Thus, ten years after college, men are less happy with their bodies than they were as students; women became less preoccupied with weight and happier with their bodies during the same period. The study was conducted by Todd Heatherton of the Harvard psy- chology department The clans of 1998 at the Yale School of Medicine will graduate more women doctors than men: 55 percent of those admitted are women Hood College (MD) has an- nounced the formation of the Tidball Center for the Study. of Educational Environments, to be co-directed by Elizabeth and Charles S. Tidball, who have worked on issues involving small colleges, undergraduate education and women's colleges. In 1973, Elizabeth Tidball was the first person to study women's post-college careers. She noted then that graduates of women's col- leges are two to three times as likely as women graduates of coeduca- tional institutions to be recognized for their career accomplishments In what may be the first perma- nent campus shelter for battered women students, Michigan State University has opened a refuge to serve as temporary shelter for women experiencing domestic violence. The school is also developing education programs for abusers and their vic- tims. Although rarely talked about, male violence against women stu- dents is not uncommon. Most inci- dents are not reported: Although only five cases were reported at Michigan State in 1993, university police offic- ers believe that at least 15 percent of the 181 assaults reported involved domestic violence. When physical abuse occurs, some students leave school or trans- fer to get away from abusive boy- friends. Wives of foreign students may be beaten. Some married women students may also endure violence. Joanne McPherson, wife of the president, played a major role We found these examples in the newsletter of the Margaret Cuninggim Women's Center at Vanderbilt University. They illustrate how the use of the generic \"he\" and \"man\" for all humans can not only be sexist but also silly: \"Man, being a mammal, breast feeds his young gynecologist was awarded a medical award for service to his fellowman.\" 'The individual's freedom to bear children should not be defined by his education, income, or race reference to studies of the development of the uterus in rats, guinea pigs and men.\" \"Menstrual pain accounts for an enormous loss of manpower hours.\" We're not sure where these examples originated. If you know, let us know so we can give credit to the author 4 1994 '1 in getting the university to open the shelter. The university will coordi- nate its program with local programs, train volunteers to run it, and train campus police and employees of the medical center to be more aware of the signs of domestic violence. The shelter can house up to eight people (women and their children) for up to five days. Some campuses can provide shelter for an occasional single battered woman, but the Michigan shelter is the first at a per- manent site * Being the first woman to pitch in a college baseball game can bring out the worst in other players. When Ila Broders, a first-year student at Southern California College, pitched against the University of California at San Diego San Diego team members called her names and used profanities towards her throughout the game. An spokesperson stated that the players were \"very abusive.\" Borders said she was \"used\" to such language and added don't think it should be a gender issue. I'm just an athlete trying to get people out.\" It is not known how the San Diego coach responded to his team's \"unsportspersonlike\" behavior Two football players were suspended from their team because of illegal sexual behavior. One stu- dent was fined $500 by local au- thorities and sentenced to 40 hours on a work crew for illegally tape- recording a sexual encounter with a date. The other was charged by lo- cal police with sexual battery received a go-ahead from a California court to drop men's swimming and gymnastic teams. The court refused to issue a preliminary injunction which would have pre- vented the school from dropping the teams. In the summer of 1993 announced that it would drop the two men's teams and the women's gym- nastic team in order to save money. When a group of female gymnasts threatened to file a sex-discrimina- tion lawsuit decided to hold on to its female gymnastics team Women's hockey is engaging more students than ever before. There are now 40 college teams-16 varsity programs, and 24 at the club level. (There are 123 men's varsity teams.) Women's hockey will be a medal sport for the first time at the 1998 Olympics in Japan. Between 1989 and 1993, the number of women's teams recognized by Hockey grew from 138 to 269 The Stronger Women Get, The More Men Love Football: Sexism and the American Culture of Sports sere is the definitive hook on how sports influences our culture, the psyches of men and women and their relationships with each other. Author Nlariah Burton Nelson writes with keen insight and humor as she examines the collision of sports, sexuality and gender relationships. Despite two decades of feminist gains, men's sports are still fertile ground for learning contempt for women. Nelson describes affairs between coaches and underage female players and gang rapes of women by male athletes. Noting that sports are more than \"just a game,\" she analyzes the culture of sports and the symbolic messages we all receive from them about men, women, love, sex, and power low sports participation empowers women is also discussed. The 30q-page book is available from larcourt Brace Company, New York 10010 for $22.95. 10 0 1994 Although more women than ever are majoring in predominantly male fields, the rate of increase has slowed down considerably study by University of Pennsylva- nia sociologist Jerry A. Jacobs notes that the increase in women is stalling well before parity has bi!en achieved. Jacobs believes that the reasons for the slowdown are related to the fact that most universities are no longer encouraging women to en- roll in nontraditional fields. He also found that when women switch majors, they tend to move to fields dominated by women. Few institutions keep data about migration of majors; of those that do, few keep it by gender and race for each major. Such informa- tion would help determine whether women are more likely than men to drop out of certain fields Women considering careers in science, mathematics, and engi- neering can now choose a residence hall where they can live with others with the same interests. The Wing (Women in Science and En- gineering) opened last fall in UM's Couzens Residence Hall and will provide women with numerous op- portunities. First-year students will be able to form peer study groups, attend special workshops and sec- tions of first-year classes in their residence halls, and have opportu- nities to meet with women scien- tists, mathematicians and engi- neers. Douglass College, the women's college at Rutgers University (NJ) and Pennsylvania. State University have similar dormitories for women in math and science SCIENCES? You can find a list of sources describing the contributions of Af- rican-American women in science, technology, medicine and related disciplines in African-American Women in the Sciences and Related Disciplines. If not in your library's general or government documents collection, you can request 93- 4 Science 'Tracer Bullet Series, from the Library of Congress, Sci- ence and Technology Division, Washington 20540 study of nearly 600 students at Wellesley College administered at the end of their sophomore year, when majors are chosen, coupled with data from alumnae science and mathematics majors from 1983- 1991, suggests that four factors are essential: Encouragement from parents, with encouragement from mothers as important as that of fathers Mentors who provide consistent encouragement over time and main- tain an overall interest in the student's experiences Opportunities to do hands-on research (a critical factor in the choice of major and whether women stayed in science after college) Comprehensive career advice about a range of science-related jobs. The information appears in Path- ways for Women in the Sciences, Part I, the first report of a longitudi- nal study by Paula Rayman and Belle Brett, published by the Wellesley College Center for Re- search on Women, 106 Central Street, Wellesley 02181- 8259. The report costs $20.00 The first women's college opened since the communist take- over in 1949, the International Women's College was founded in May, 1993. It offers a woman-cen- tered curriculum and its president, Li Sizojiang, is one of China's fore- most scholars in the field of women's studies. For further information contact the Foreign Affairs Office, Zhengzhou University, Zhengzhou 450042, Hunan Province, People's Republic of China, or contact Pro- fessor Maria Jaschok, Fax: 0086- 371- 3937973 4 1994 11 73 At least 40 percent of all fac- ulty promotions at Edith Cowan University in Perth. Australia, will go to women. Although women hold one-third of all faculty posi- tions in Australia, the pattern there is identical to that in the United States and elsewhere: the higher the rank, the fewer the women. Women are uncommon at the senior lec- turer level and above, but are the majority of tutors and senior tutors. Edith Cowan already has the highest percentage of women in western Australia; nearly 19 per- cent of the female faculty hold jobs at the senior lecturer level or above. Department-based selection com- mittees will be expected to include women among all those nominated for promotion. The policy was ap- proved by the federal affirmative action agency and Western Australia's equal-opportunity commissioner. Edith Cowan is the first institution of higher education in Australia to adopt such a policy WOMEN? The National Women's His- tory Project has a large number of materials suitable for classrooms at all levels, for displays, and for other uses. Contact them at 7738 Bell Road, Windsor 95492 The Common Catalogue is a new directory which lists all member centers of the National Council for Research on Women. Information about the 75 centers includes a description of activities, contact per- sons, and selected lists of publica- tions. The appendices include a list of centers willing to sell or exchange mailing lists, center publications which accept advertising, geographi- cal index by state, type of work/cen- ter index, type of work/title index, author/administrator index, and an index of keywords. The 158-page report will be of help to anyone looking for resources, publications, information, and ex- perts in particular areas. Available for $10.00 from the National Council for Research on Women, 530 Broadway, 10th floor, New York 10012 Three new books by and about African-American women should serve as resources for women's stud- ies courses as well as for those in English and writing: The Unforgetting Heart: An Anthology of Short Stories by African American Women 1859-1993, Asha Kanwar, ed. San Francisco: Ann Lute Books, 1993. 292 pp., $9.95. Wild Women Don't Wear No Blues: Black Women Writers on Love, Men and Sex, Marita Golden, ed. New York: Doubleday, 1993. 256 pp. $22.50. Written by Herself: Literary Production by African American Women 1746-1892, by Frances Smith Foster. Bloomington: Indiana University Press, 1993. 206p. $12.95. The books were reviewed in Feminist Collections (15:2), Winter 1994, published by the University of Wisconsin System Women's Studies Librarian, 430 Memorial Library, 728 State Street, Madison 53706 POSTERS? The Organization for Equal Education of the Sexes. Inc., has a series of posters of women of achievement and another set of women at work. The pictures are drawn from diverse cultures, races, and ethnic groups. For their cata- logue of nearly 100 posters, send $2.00 to OEES, P.O. Box 438, Dept. WA, Blue Hill 04614 MATERIALS? The Women's Educational Eq- uity Act Publishing Center is a na- tional resource center providing ma- terials appropriate for use in both postsecondary and elementary/sec- ondary settings. The resources cover a wide range of information, such as materials for administrators in com- munity colleges, programs for re- turning women students, career train- ing, materials aimed at those working with women of color, programs for displaced homemakers, and pro- grams for single mothers. For a copy of the free catalogue, call 1-800-225-3088. 12 1994 ADMINISTRATION? Yes, according to Different Voices: Gender and Perspective in Student Affairs Administration. The 103-page monograph covers a num- ber of issues from students including differing patterns of knowing, to leadership and management, conflict management, trends and new ap- proaches. Published by the National Association of Student Personnel Administrators, 1875 Connecticut Avenue, NW, Suite 418, Washing- ton 20009-5728. Cost: $9.95 The Complete Handbook for College Women: Making the Most of Your College Experience gives ex- pert advice on being on one's own for the first time, staying healthy and safe, living in a diverse environment, gettifig along with a roommate, and assertiveness and conflict resolution. Also included are chapters on alcohol and drugs, eating disorders, sexual- ity, sexual harassment, and sexual abuse. The book will be of help to college-bound women and students already at school as well as adminis- trators and parents. The 393-page hook, written by Carol Weinberg, is available for $15.95 from New York University Press, Washington Square, New York 10003 Closing the Gender Gap: Edu- eating Girls is a report which summa- rizes and ranks the educational status of girls in 112 countries, about 95 percent of the world's population Female Education Index and Cost Estimates for Equalizing Enrollment of Girls and Boys include data on the number of female students per 100 males in primary and secondary school and the average number of years of schooling for females. The Female Education Index ranks countries on a 100-point scale and includes information about in- fant mortality arid average family size. Countries with the largest gen- der gap in literacy rates are also por- trayed in a another chart. The gender gap in educational attainment is also shown by region. Explanatory text describes the several charts and gives additional information about the education of girls. The information is printed on both sides of a 23-1/2 x 22 inch chart that can be hung on a wall. The full-color chart is the \"1993 Report on World Progress Toward Population Stabilization,\" the fourth in a series of reports by Population Action International, 1120 19th Street, NW, Suite 550, Washington 20036. Available in English, Spanish or French, it costs $5.00 each, $4.00 for two or more \"The Century of Women,\" shown on the Turner Broadcasting System in June 1994 is available on three video tapes. The shows, which portray events and people in the history of women in the United 0 1994 States, rely heavily on information and pictures from the Schlesinger Library at Radcliffe College. The three-cassette boxed set costs $49.98: a 224-page book, The Cen- tury of Women, costs $24.95. Both can be ordered for $69.98. To order, call 1-800-308-8080. The videos are appropriate for women's stud- ies and other classes About Women on Campus editor Bernice Sandler has joined the National Association for Women in Education (NAWE1 as a Senior Scholar in Residence She will continue her work speaking at uni- versities and colleges, writing, tes- tifying as an expert witness. and consulting on women's equity is- sues With grants from the Fund for the Improvement of Postsecondary Education (APSE.) and the Lilly Endowment. Sandler, along with Roberta Hall and Lisa Silverberg. is currently writing a report on the chilly climate for women in the classroom The report, which will be available in late spring 1995, will be published and disseminated by Sandler's office is at 1350 Con- necticut Avenue NW, Suite 850. Washington 20036 Telephone 202-833-3331. Fax 202-785-5605. e-mail bsandlereltmn corn 131 Office of Women in Higher Education Convenes Women Presidents' Summit Acall for women presi- dents to take a leadership role in setting public policy agendas and in shaping society in the twenty- first century characterized the recommendations emerging from the American Council on Education Office of Women in Higher Education's second Women Presidents' Summit in .lune 1994. The summit, which drew 33 women presidents from the U.S. and abroad, was designed to stimulate dialogue and ideas and to lay the groundwork for an action agenda at the national and global levels. The Blueprint that grew out of the sessions recog- nizes that in order to achieve fundamental and far-reaching change, women must forge an ironclad partnershp not only among themselves, but with their male colleagues. Once in place, this partnership must strive to view the world through new lenses and to connect not only across gender lines but across lines of culture, class, profession, and nationality. While the summit produced a lengthy list of recommenda- tions for the role women cc Mew and university presidents can play in shaping the next century, three predominant themes emerged redefinition of war and peace. In redefining wars to include forms of violence (e.g., date rape) and discord (e.g., pro- motion and tenure policies) closer to home on each of our campuses, and rethinking peace as a state of living in which con- flict is settled by negotiation, the blueprint encourages women presidents to play a number of key leadership roles: to build on- campus initiatives that empha- size global interconnectedness, to promote the study of foreign languages and internationalizing the curriculum, to encourage the inclusion of conflict manage- ment and resolution skills in the curriculum, and to collaborate with other institutions to advance the peace agenda and address issues of poverty that lead to violence. The need to include women in all dialogues and decisions about the economy and the environment. Women presidents are encouraged to teach by example, conveying concern, on their campuses and in their communities, for envi- ronmental impact and for the problems confronting the poor and the working people in our society. They are also encour- aged to create networks of post- secondary institutions to work together on these issues, to ex- amine what has been learned from women's colleges about what is good for education gen- erally, and to work toward estab- lishing a \"critical mass\" of women in leadership positions in educa- tion and other areas. The need to help women effectively integrate their public and private lives. Women presidents are encour- aged to visibly embody their multiple roles, maintaining a bal- ance between a \"tough mind and a tender heart,\" and to support other women in doing the same. In clusters, they can establish linkages with other women's The Summit Blueprint invites women college presidents around the world to: Expand their vision of society Contribute to the process of change Build a network that is committed to changing the roles of men and women 14 0 1994 groups and use these relation- ships to educate their male coun- terparts, to advocate women's perspectives in policy-making processes, to create an environ- ment that is supportive of family life, and to develop an agenda for addressing the issues that cause conflict between our public and private lives. While the agenda that has emerged from the two summits is a formidable oneone that calls for changing the ways in which almost all of the world's societies work, authors of the Blueprint recognize that the education arena is an important base from which to reconceptualize soci- ety. The Blueprint and the sum- mits represent an invitation to women presidents, both across the country and around the world, to expand their vision of society, to contribute to the pro- cess of change, and to build a network that is committed to changing the roles of men and women. Notes prepared by Dr. Carol A. Moore, Provost and Vice President for Academic Affairs, Mercy College, Dobbs Ferry, NY. The Women's Research and Education Institute Social Security improved the economic comfort of most seniors but older women's income and the disparity of what men have at retirement versus what women have are quite different. What is needed is a research arm to study all issues for gender differences With this comment, made in 1977 by Elizabeth Holtzman. then co-chair of the Congresswomen's Caucus, the first chapter in the his- tory of the Women's Research and Education Institute (WREI) was be- gun. Betty Parsons Dooley and Susan Scanlan became the first staff members of the Congres- sional Caucus on Women's Issues research teamtoday known as the Women's Research and Education Institute, and the Ford Foundation made a generous grant for broadly defined core support Dooley is cur- rently Executive Director. For the past 17 years has been involved in many studies on women Results of studies on such topics as deinstitutionali- zation of women, the impact of the Reagan budget on women, child care, health care, parental leave, education, and housing have pro- vided invaluable information for Congress and other policy-makers In addition to research, the Insti- tute also publishes research re- ports. prepares briefing papers, and holds conferences Taking a bipartisan approach and providing fair, timely, and in- sightful information has from its earliest days sought to facilitate and strengthen links between researchers and policy- makers concerned with issues of particular importance to women number of exciting projects are now under way at Congressional Fellowships. Each academic year since 1980, a number of women graduate stu- dents have been selected to receive fellowships to work as legislative aides in Congressional offices. where they gain practical, hands-on experience in policymaking in the federal legislative process Fellows receive stipends for tuition and liv- ing expenses and earn graduate credit. This year, the Soros Founda- tion provided a grant that enabled three women from three Newly In- dependent States to participate in the program The fellows en- hance the research capacities of Congressional offices, especially with respect to the implications for women of existing and proposed legislation The American Woman Series has published five compre- hensive compendia of information about women in America their de- mographics, education, employ- ment, earnings and benefits, eco- nomic security, and elected offi- rABOUT 1994 15 77 cials recent issue on women and health explores the contradictions and omissions in our health care system. Previous editions have concentrated on elected women. the educational status of women of color. and the legacy of the past three decades of the women's movement. The American Woman: Where We Stand-Women and Economics will be released in spring 1996 Women in the Military. In 1990 received grants from the Department cf Labor to study what women do while in the service and what happens to them as they leave it As the military downsizes active forces, many veterans are unem- ployed. Nine percent of all those on the unemployment rolls are veter- ans. for women veterans, the figure is 11 percent Part of the problem women veterans face stems from the general perception that all vet- erans are men and that conse- quently their skills are limited to traditional combat and combat service support areas But at present. there are more than 250.000 women on active duty as medical care providers, mechanics. pilots. air traffic controllers. mililtary policewomen, and admin- istrators WREI's project \"Hire a Veteran: She's a Good Investment,\" is intended to link businesses and associations with talented, experi- enced women veterans Women in Health. In 1986 became involved in health care is- sues . sponsoring a conference with the Congressional Black Caucus and Hispanic Caucus on access to health care When Congresswomen picked up this issue began to concentrate more focus on health care Their aim is to analyze the status of women in our health care system, especially as Congress en- deavors to change the current deliv- ery system \"Our major concern is how women gain access to preventive care and how they afford it was the first organization to iden- tify that women spend twice as much as men for health care during their reproductive years Women pay over 50 percent out of pocket in terms of birth control,\" Betty Dooley says. Of the possible effects on women of a new health care package, she thinks that \"the final health care plan will short-change women, because it appears that what will come out of congress again will rely on where you are in the workforce Because more women than men are employed in jobs that do not have health care as a benefit, many do not get preventive health carelike mammograms and pap smearsthat saves wome s lives, simply because they cannot afford it Whatever the outcome of new legislation on health care will continue its efforts to improve public and Congressional aware- ness of women's struggle to gain equal access to health care And, until a bill is passed. it will continue to provide to policymakers reliable data on the need to include com- prehensive. affordable health care for all women emphasizes the provision of research to those who want to make informed decisions about policies that affect women and en- courages the development of policy options that recognize the circum- stances o! women and their fami- lies urges researchers to con- sider the broader implications of their work, and it fosters the ex- change of ideas and expertise be- tween researchers who have techni- cal knowledge and policymakers who are familiar with the realities of the legislative process and of politi- cal constraints, the;-e.by promoting informed examination of policies from the perspective of their effects on women For information about the American Woman senes and other publica- tions and activities, contact WREI, 1700 18th Street NW. Suite 400, Washington 20009. 202-328-7070 This profile of the Women's Research and Education Institute was prepared by Gina Luke. Assistant to the General Counsel of the American Council on Edu- cation It is based on an interview with Betty Parsons Dooley Executive Director, and on Institute publications and materials { 16 1 1994 Loyola Marymount University of Los Angeles Dean, College of Communication and Fine Arts Loyola Marymount University invites applications for the position of Dean of the College of Communication and Fine Arts As Senior Academic Administrator of the College reporting directly to the Academic Vice President. the Dean shall provide overall leadership for tire College. Candidates should have an earned terminal degree (MFA. PhD), senior administrative experience. teaching and professional experience, and evidence of con tinting scholarlyicreative work Loyola Marymount University. steeped in Jesuit and Marymount traditions, is a comprehensive Catholic institution with emphasis on liberal arts. With a unique presence in Los Angeles, it enrolls 3.800 undergraduate. 1.300 law students, and 1,030 graduate students. The College offers and degrees in Commnication Arts, with tracks in televis,on production, film production, recording arts, screenwriting, and communication studies. In the Fine Ans, the College offers nationally accredited degrees in the disciplines of art and art history. dance, music, and theatre. The College has 40 full-time faculty. 632 undergraduate. and 76 graduate students. As Senior Academic Administrator, the Dean will be responsible for the planning, development. refinement, and evaluation of all programs in the College; the review of annual departmental budgets; the promotion and evaluation of faculty teaching, research. scholarship, and creative work; the annual review of faculty performance: the recruitment. admissions. records, and advisement of students within the College: in particular. strengthening the College's relationship with the arts and entertainment industry, and the development of resources for the College The position is available July 1,1995. The salary range is competitive and dependent upon qualifications and experience. Applications for the position will be received until November 1 or until the position is filled. Applicants should submit a letter of application. a current resume, and the names, addresses. and telephone numbers of three current professional references. Corre- spondence should be addressed to: Dr. Joseph G. Jabbra, Academic Vice President and Chair, Search Committee, Loyola Marymount University, Loyola Boulevard at West 80th Street, Los Angeles 90045. Loyola Marymount University is an Equal Opportunity, Affirmative Action Employer 1 Augustana College Dean of the College and Vice President for Academic Affairs Augustana College, a four-year residential liberal arts institution affiliated with the Evangelical Lutheran Church in America, is seeking nominations and applications for Dean of the College and Vice President for Academic Affairs. Augustana seeks to implement a program of education in liberal arts and professional programs within a Christian context. The Dean of the College is the Chief Academic Officer and reports directly to the President. The Dean of the College is responsible for the development, evaluation, and fiscal management of all academic programs. This individual provides strong leadership for academic programs and faculty development. Qualifications: Earned doctorate. Demonstrated commitment to academic excellence as evidenced by a successful record of academic and institutional accomplishment. The ability and commitment to energize and build consensus among the diverse constituencies within the college setting professional with significant ability to manage collaboratively, administratively, and fiscally in a liberal arts setting. Exceptional interpersonal, oral, and written skills Applications should include a current vita, a list of three references, and a brief statement detailing your educational philosophy and your profes- sional development goals. All nominations and applications should he in the hands of the Search Committee prior to November 1, 1994. Nominations, applications, and inquiries should be directed to: The Dean and Vice President of Academic Affairs Search Committee Augustana College 29th and Summit Sioux Falls 57197 Augustana College is an equal opportunity employer Director, Business-Higher Education Forum The American Council on Education is actively recruiting to till its position, Director, Business-Higher Education Forum. The Forum, founded 1978, is a membership organization of 100 academic and corporate chief execu- tives from major American businesses, colleges and univer- sities. Their goals are to address issues of mutual concern to the corporate and higher education communities, and to build consensus on how the two sectors can collaborate more effectively for the benefit of all society. Responsibilities Responsibilities include planning and administering the Forum's agenda, which includes the development of meet ings, publications, and programs; the management over- sight of the Forum, marketing the Forum to potential members; and serving as a link to national and interna- tional organizations on behalf of the Forum. Requirements The position requires excellent writing and speaking skills, strong intepersonal skills, experience with project manage- ment and fiscal oversight and demonstrated success in fundraising. Ideal candidate will have work experience in both the academic and business communities. Candidates must have the ability to function in a flat, \"hands on\" environment and work with both the Council and the governing board of the Forum. We seek a combination of work and education that would prepare the candidate to oversee this complex highly visible national program. Salary/Application oilers a competitive starting salary and benenis program and supportive work environment. Resumes and salary requirements should be sent to: Suzanne Forsyth, Director Human Resouces Department American Council on Education One Dupont Circle Washington 20036 The American Council on Education is an equal opportunity employer. 73 Public Affairs Office The American Council on Education (ACE), conveniently located near Metro in downtown Washington, seeks a dynamic, creative, enter- preneurial individual to serve as Assistant Director of its active, full-service Public Affairs Office. Extensive experience in public affairs/public relations is required. The Assistant Director works with the Director on planning and executing media and communications strategies, writes speeches, and carries out other writing, editing, and research projects. The Assistant Director also exercises general supevision of a national semi- monthly newsletter. Knowledge of higher education and federal policy issues and familiar- ity with electronic news media are desirable provides an excellent benefits package, competitive salary program, and congenial work environment. Screening of resumes will begin in late-August. Send resume and salary requirement to Public Affairs Search American Council on Education One Dupont Circle, NW, Room 804 Washington 20036 1995-96 The American Council on Education invites your application to the 1995-96 class of Fellows. The Fellows Program is a year-long internship designed to identify and develop future leaders in higher education. Candidates must have a minimum of five years of experience as faculty members and/or administrators in higher education. Women, minority and community college candidates are especially encouraged to apply. Application Deadline: November 1, 1994 For furTher information and applicobon matenois contact 800 20036-1193 (202) 939-9412 October 16-18. 1994 Radisson Hotel. Burlington. Vermont Presented by The University of Vermont in cooperation %%Rh the National Association for Ntimen in Education For more information or to register call 18001639-3188 or (802)656.2088. \\ 11\\11.1.1A .t)N1-1.R1- Nt ing. aiticmg 1111c1,: Sheila Tobias, Rc..11, h utpot.ition.1 Fimoilotion lot ,1 11 It'llt pllWIIIII114 t.t Ni! ,!, 11,41 171,1 Beverly Guy-Sheftall, In1111,In .11gt: pl,..cnimg C., \"romp, rn lilt 11,,4: .1, :1 P/11/11/,,, Donna Shavlik, 111,11..in dot aut.n. ptr.titing 1 1;111 tlioht All Cynthia Secor, Hight thlt Minn \"It'l \"It s III' , tstIti11114 '4 tido ,s Mary Kay Tetreault, ( .1111,111mi 1.1111(114m: in /0110/(a ttioq: 1111 el,. lr rt Deacve extevvaed. to vece\\Dev 15, 990 Call for Manuscripts Sexual Harassment: Persistent Themes/Practical Responses In 1983, the National Association for Women in Education (NAIVE) published the first ;ournal issue devoted exclusively to the then-emerging topic of sexual harassment on campus. This groundbreaking issue was followed by a two-volume update on harassment later in the decade. Now we are inviting submissions for a special issue of Initiatives that will t.dce stock of where we arc with respect to the persistent problem of harassment as we approach the middle of the 1990s. We welcome manuscripts on such topics as: The sexual harassment/academic freedom debate: Innovative responses Harassment and tLe culture of violence Backlash, institutional intrigue, legal battles, and similar hassles. How advocates and others who deal with complaints cope with the personal costs Educating culturally and ethnically diverse students about sexual harassment Addressing harassment through mediation and conflict resolution techniques Fighting sexism in fraternities: Initiatives that work Harassment based on race and, gender: The situation of women of color Less common but still problems: Same-gender and female-to-male harassment Beyond policy dissemination: Practical and proven techniques for educating the campus community about harassment l'eer educators: What works The implications of court cases (e. g., Franklin v Gwinnett; Harris v Forklift) Children and teens: Harassment in the K-12 environment Resources: Books, films, videos, handbooks Submission guidelines appear in every issue of the journal. Or, contact the editor: Dr. Patricia A. I:arrant , do American College Testing P. 0. Box 168, Iowa City, Iowa 52243 democratic Culture The fall 1q94 issue of Donor:robe Culture, published by Teachers for a Democratic Culture, offers a special focus on issues provoked by the book Who Stole Feminism' How Women Have Betrayed hf011Iell, by Christina Hoff Sommers. It contains fifteen essays by: Nina Auerbach Susan Friedman Celinda Lake Ellen Messer-Davidow Myra and David Sadke aura Flanders Rebecca Sink ler Linda lirshman Patricia Farrant Ann Ferguson Jonathan Entin Russell Eisenman Flizaheth Fay Dale Bauer John K. Wilson Teachers for a )ennwratic Culture supports the right of scholars and teachers to rare questions about the relations of culture, scholarship, and education to politics not in order to shut down debate on such issues but to open it. It is the view of the organization that the controversies that have been provoked over admissions and hiring practices, the soda: (unctions of teaching and scholarship. and the status of such concepts as objectivity and ideology are signs of educational health, not decline. For information about Democratic Culture and Teachers for a Democratic Culture, contact. I'. 0 Box 6405, Evanston, Illinois 60204 (312) 741.3662 (312) 7434548; e-mail: jkwnmidway uchicago edu About 1Vomen Oil Campus subscribers will soon be receiving a complimentary copy of the fall 1994 issue of Democratic Culture. 81 am concerned about women on campus and want to enter my subscription to About Women on Campus. 1111 Special introductory subscription rates: Individual 1 year (four issues) $20 Institution 1 year (four issues) $28 2 years (eight issues) $35 2 years (eight issues) $50 Foreign subscriptions: Please add $7.00 per subscription to cover additional postage. Discounts are available for bulk subscriptions mailed to a single institutional address. Call 202-659-9330 202-457-0946) for details. Name Title Institution Institution Address City/Statalp Send subscription form and check or institutional purchase order made payable to to: About Women on Campus, 1325 18th Street NW, Suite 210, Washington 20036-6511 a mx masawir mm want to know more about the National Association for Women in Education, one of the nation's oldest national professional education associations. Send information about membership to the address have provided above. National Association for Women in Education > Suite 210, 1325 18th Street Washington 20036-6511 1301 #300 20850 Second Class Postage Paid at Washington", "7805_102.pdf": "From Casetext: Smarter Legal Research Topol v. Trustees of University of Pennsylvania United States District Court, E.D. Pennsylvania. Feb 27, 1995 160 F.R.D. 476 (E.D. Pa. 1995) Copy Citation Download Check Treatment Rethink the way you litigate with CoCounsel for research, discovery, depositions, and so much more. Try CoCounsel free In sexual harassment litigation, defendants moved to compel discovery of plaintiff's diary, and plaintiff moved for protective order against discovery. The District Court, Anita B. Brody, J., held that: (1) plaintiff's diary was \" relevant\" to litigation, for purposes of rule defining scope of discovery; (2) plaintiff placed her mental state in issue by alleging that her sexual relationship with professor caused her to become \" depressed, anxious and fearful\" and by seeking damages for mental and emotional suffering and, thus, she waived any applicable psychotherapist-patient privilege; and (3) justice did not require issuance of protective order against Sign In Search all cases and statutes... Opinion Summaries Case details 2/22/25, 5:36 Topol v. Trustees of University of Pennsylvania, 160 F.R.D. 476 \| Casetext Search + Citator 1/5 476 477 discovery of plaintiff's diary, as disclosure of diary would not result in undue annoyance, embarrassment and oppression. Ordered accordingly. Alice Ballard, Samuel & Ballard, P.C., Philadelphia, PA, for plaintiff. Mary E. Kohart, Drinker Biddle & Reath, Philadelphia, PA, for defendant. 476 477 B. BRODY, District Judge. Before me is defendants' motion to compel discovery of plaintiff's diary and plaintiff's motion for a protective order against discovery must decide whether the diary is relevant and nonprivileged, and if so, whether disclosure will cause undue annoyance, embarrassment, or oppression. Since conclude that the diary is relevant and nonprivileged and that disclosure will not cause undue annoyance, embarrassment, or oppression will grant defendants' motion to compel discovery and deny plaintiff's motion for a protective order. Plaintiff contends that her diary is not relevant to the present litigation. (Memorandum in Support of Motion for Protective Order at 5-7). Federal Rule of Civil Procedure 26(b)(1) defines the scope of discovery as \" any matter, not privileged, which is relevant to the subject matter involved in the pending action.\" Fed.R.Civ.P. 26(b)(1). The Rule's relevancy requirement is to be construed broadly, and material is relevant if it bears on, or reasonably could bear on, an issue that is or may be involved the litigation. Great West Life Assur. Co. v. Levithan, 152 F.R.D. 494 (E.D.Pa.1994). Plaintiff's diary is clearly relevant to the present litigation. Plaintiff's complaint alleges that during March and April of 1993 the defendants failed to properly address her sexual harassment complaint against Professor Malcolm Woodfield (\" Woodfield\" ). (Complaint \u00b6 \u00b6 9-12). Plaintiff maintained the diary during this time period, and her diary pertains to her 2/22/25, 5:36 Topol v. Trustees of University of Pennsylvania, 160 F.R.D. 476 \| Casetext Search + Citator 2/5 relationship with Woodfield. (Memorandum in Support of Motion for Protective Order at 2-4). Plaintiff also contends that the psychotherapist-patient privilege shields her diary from discovery. (Memorandum in Support of Motion for Protective Order at 7-10). Although the federal common law psychotherapist-patient privilege protects confidential communications between a patient and her psychotherapist made for the purposes of diagnosis, the privilege fails to shield information relevant to a patient's mental state where the patient's mental state is in issue. See In re Grand Jury Subpoena, 710 F.Supp. 999, 1006 & 1014-15 (D.N.J.) (interpreting privilege under federal law), aff'd sub nom. 879 F.2d 861 (3d Cir.1989); see also Premack v. J.C.J. Ogar, Inc., 148 F.R.D. 140, 144 (E.D.Pa.1993) (under Pennsylvania law privilege waived where mental state in issue). Plaintiff has placed her mental state in issue by alleging that her sexual relationship with Woodfield caused her to become \" depressed, anxious, and fearful\" and by seeking damages for mental and emotional suffering. (Complaint \u00b6 \u00b6 8, 14, 19(e), 22(c)). Having placed her mental state in issue, plaintiff waived any applicable psychotherapist-patient privilege.1 1 Because conclude that plaintiff waived her psychotherapist-patient privilege by placing her mental state in issue need not decide whether plaintiff also waived the privilege when, prior to the commencement of this lawsuit and at the defendants' request, she provided copies to Gulbun O'Connor, Assistant Ombudsman, and Alan Berkowitz, counsel for the defendants in the defendants' proceedings against Woodfield. The defendants recommended that plaintiff write the diary and then encouraged and directed her to provide a copy to O'Connor for safe keeping and a copy to Berkowitz to assist the defendants in their proceedings against Woodfield. Plaintiff requests that issue a protective order against discovery of the diary to protect her against \" extreme annoyance, embarrassment, and oppression.\" (Memorandum in Support of Motion for Protective Order at 1). Pursuant to Fed.R.Civ.P. 26(c may issue a protective order against disclosure when justice requires such an order to protect against annoyance, embarrassment, or oppression. Disclosure of plaintiff's diary will not result in undue annoyance, embarrassment, and oppression. Plaintiff's complaint 2/22/25, 5:36 Topol v. Trustees of University of Pennsylvania, 160 F.R.D. 476 \| Casetext Search + Citator 3/5 has already disclosed some of the intimate details of plaintiff's sexual relationship with Woodfield. (Complaint \u00b6 7(b)-(i have also approved a confidentiality stipulation that limits the parties' use and disclosure of material marked confidential conclude that justice does not require me to issue a protective order NOW, this 27th day of February 1995, it is as follows: *478 1. Defendants' Motion to Compel Discovery is GRANTED: Plaintiff shall produce her diary to defendants within 5 days of the date of this Order; 478 2. Defendants' Motion for Sanctions is DENIED; and 3. Plaintiff's Motion for Protective Order is DENIED. About us Jobs News Twitter Facebook LinkedIn Instagram Help articles Customer support Contact sales Cookie Settings Do Not Sell or Share My Personal Information/Limit the Use of My Sensitive Personal Information 2/22/25, 5:36 Topol v. Trustees of University of Pennsylvania, 160 F.R.D. 476 \| Casetext Search + Citator 4/5 Privacy Terms \u00a9 2024 Casetext Inc. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 2/22/25, 5:36 Topol v. Trustees of University of Pennsylvania, 160 F.R.D. 476 \| Casetext Search + Citator 5/5", "7805_103.pdf": "8 3, 1995 12:00 uring the three months in 1993 when she was sleeping with her English professor, Lisa Topol lost 18 pounds. She lost interest in her classes at the University of Pennsylvania, lost her reputation as an honor student and wondered if she was losing her mind. If she tried to break up, she thought, he could ruin her academic career. Then she made some phone calls and learned a bit more about the professor she had come to view as a predator. In June she will tell her story in federal court, but even before a verdict is rendered, the case has prompted Penn to consider more stringent rules on student-teacher sex. Depending on the outcome of her trial, love life on campus may never be the same. Lisa was a senior at the University of Pennsylvania when she found herself embroiled in an affair with a young English professor named Malcolm Woodfield. His tastes ran to whips and riding crops, she told Philadelphia magazine, and when she tried to get out of the relationship, the professor bullied her into continuing. She need not worry about flunking his course, she recalls his saying, because \u201cyour grade is not based on your work anyway 2/22/25, 5:37 1/6 In March 1993 Lisa finally told another English professor about the affair; encouraged by assistant ombudsman Gulbun O\u2019Connor, Topol charged Woodfield with sexual harassment university ethics committee supported her allegation that Woodfield had abused his academic power. The embattled professor resigned last April, after admitting that he once slept with Topol and engaged in \u201cunethical conduct,\u201d though he has denied the other details of their affair. But Topol has since taken her case even further, in a gesture that is rattling the teeth of campus administrators everywhere. Topol had heard rumors that Woodfield had been in trouble before, and she began asking questions. Before coming to Penn, she learned, he had taught at Bates College in Maine, where some students had also accused him of harassment, but he was allowed to leave quietly in 1991, with the recommendations that helped him land the Penn job. Topol has since filed civil suits not only against Woodfield and Penn but against Bates as well for failing to warn Penn of Woodfield\u2019s record. Having supported her before, Penn has reversed course: in a pretrial memorandum filed in February, Penn charges that the affair \u201cgrew out of her strong sexual attraction to and romantic feelings for Woodfield.\u201d Penn has asked for her diary to prove her consent; meanwhile, says Topol\u2019s lawyer, Alice Ballard, Bates is trying to get records from her psychotherapist. In the midst of this furor, the Penn faculty executive committee has called for tougher rules against faculty-student romances; it wants to amend the policy that calls such relationships \u201cunethical\u201d so that it would prohibit professors from dating students under their supervision. For her part, Topol doubts this will do any good can\u2019t imagine how any student would come forward after seeing what Penn has done to me,\u201d she says. \u201cPenn\u2019s response has done nothing but make the wounds deeper and more painful.\u201d Penn thus becomes the latest school to turn itself inside out over an issue that dates back to Abelard and Heloise. Through the years so many professors have romanced and often married their students that it seems a quaint, even hypocritical exercise to suddenly try to stop them. \u201cIf this policy were applied 2/22/25, 5:37 2/6 retroactively,\u201d remarks Penn history professor Alan Kors, who married one of his students 20 years ago think a third of the faculty would have resigned.\u201d It has been easy for some critics to cast efforts to legislate sexual mores on campus as the latest prudish gambit of a feminist police state. But the universities that have tackled this issue are actually engaged in a practical\u2013 rather than an ideological\u2013enterprise: they are trying to prevent lawsuits. In fact, in this era of heightened sensitivity, the legal pressures are coming from all sides. Even as Penn wrestles with the Topol case, another Penn professor, economist David Cass, is charging that the university has sexually harassed him by asking him about his relationship with a former student and then denying him a post to head the department\u2019s graduate program. Last week Cass was busy circulating a petition to try to block the new rules resent the fact that because I\u2019m standing up for my privacy people are drawing an inference that I\u2019m some kind of lecher who has had numerous affairs,\u201d he says. Administrators respond that they are merely extending to the university the same strictures that apply in the workplace: when there is power involved, whether between boss and employee or teacher and student, a sexual relationship opens the door to extortion, exploitation and favoritism. Drawing the lines more boldly, they argue, will protect friendly faculty from oversensitive students, as well as vulnerable students from lascivious professors. The potential for misunderstandings was amply illustrated this winter at Cornell, where the faculty ethics committee charged that Professor James Maas, a star of the psychology department, harassed four of his former students by hugging and kissing them, buying them expensive presents and making suggestive remarks. Maas calls his behavior affectionate and innocent, an effort to make Cornell a more \u201cwarm and caring place\u201d; the angry students call it unwelcome and intimidating. Cornell, with no written policy on student-faculty romance, had a typically equivocal response: the popular professor was stripped of a $25,000 teaching award that he had received in 1993\u2013honoring him for, among other things, creating an \u201catmosphere of intimacy\u201d in his enormous lecture courses\u2013and told to go and sin no more. Any more complaints, the committee said, and Maas would lose his job. 2/22/25, 5:37 3/6 Harvard claims to have instituted the first restrictions on faculty-student relations in 1984, followed by the University of Iowa in 1986. But the most draconian proposal was debated at the University of Virginia two years ago, where the faculty considered a total ban on student-teacher liaisons, even if the individuals were from different departments. \u201cThe majority of the faculty agreed, but they weren\u2019t happy about more rules,\u201d says Richard Rorty, a Virginia philosophy professor. In the end Virginia fell into the mainstream and approved rules that simply \u201cdiscourage\u201d relationships in situations where there could be favoritism or the appearance of abuse. According to a survey by Cynara Stites, a clinical social worker at the University of Connecticut, professors themselves admit the potential for exploitation in such romances: 9 out of 10 agreed that a student who breaks up with a professor risks \u201cunfair reprisals.\u201d More than half the male faculty members agreed that a professor who sleeps with a student he supervises is taking advantage of her. \u201cThere\u2019s a real risk of her losing her entire academic career,\u201d explains Stites. \u201cIt undermines her self-confidence. She doesn\u2019t know whether [her success is] based on her lover or based on merit.\u201d Moreover, the damage of such an affair can extend far beyond the people directly involved. Undoing it is \u201clike unscrambling eggs,\u201d says Susan Mask, assistant to the president of the University of Iowa. \u201cIt creates serious problems for the faculty. It can fracture a department. The damage has to be weighed against the fun.\u201d Yet many professors insist that even a limited ban can\u2019t work; others think it shouldn\u2019t be tried. Most college students, after all, are legal adults, capable of consent, and a university of all places should respect personal liberty. Professor bell hooks at City College in New York, who had affairs with professors while a student and once became the lover of a younger man after she had taught him, says, \u201cNo feminist thinks that banning abortions would keep women from having them. So why do we think that banning relationships between faculty and students will keep them from having them?\u201d 2/22/25, 5:37 4/6 Barry Dank, a sociologist at California State University at Long Beach who argues that such prohibitions \u201cinfantilize\u201d students, has formed a loosely knit group of about 100 professors and students called Consenting Academics for Sexual Equity. He believes the spread of campus rules on romance will leave professors less accessible to students. \u201cIt\u2019s creating a paranoia that is really affecting whatever is left of an academic community,\u201d he says. But Stites, for one, is confident that \u201conce faculty members know where the line is, people can relax about normal mentoring, normal faculty-student relationships. If they do not know where the line is, they will not feel safe to do anything that might be misconstrued.\u201d \u2013Reported by Sharon E. Epperson/New York and Bonnie I. Rochman/ Richmond Inside Elon Musk\u2019s War on Washington Meet the 2025 Women of the Year Why Do More Young Adults Have Cancer? 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Offers may be subject to change without notice. 2/22/25, 5:37 6/6", "7805_104.pdf": "English prof. resigns amidst sex scandal By 06/30/94 5:00am Cherry Hill High School East '93 Cherry Hill, N.J. Assistant English Professor Malcolm Woodfield, who was accused of sexual harassment by former student Lisa Topol, resigned from the University on April 26 amidst hearings investigating the matter. According to prepared statements released by both Woodfield and the University, Woodfield admitted to having sexual relations with Topol. The releases did not mention any misconduct concernin sexual harassment. \"Professor Woodfield has admitted that he engaged in sexual relations with a student in his cla and that this was was unethical under the University's policies. Professor Woodfield regrets his behavior and, by resigning, takes full responsibility for it, \" the University's statement said. Woodfield said recently that he always admitted to having sexual relations with Lisa Topol, relations which, according to him, were initiated by her and occurred on only one occasion. Aside from the University procedures, Topol filed suit against the University last March after she alleged that administrators mishandled her sexual harassment complaint against Woodfield. And, Topol is also suing Bates College, the institution where Woodfield was previously employed, for withholding information of previous sexual harassment complaints from the University when Woodfield applied for a teaching position here. Woodfield also criticized University procedure in his case. Woodfield was upset that his courseload was removed last fall before an official hearing occurred. According to Topol's suit, the professor had sexual relations with Topol for the first three months of 1993. Woodfield's former lawyer confirmed the allegations. Topol also alleged that Woodfield singled her out in class and made insulting comments to her during the year. Universit policy states that \"because the relationship between teacher and student is central to the academic mission of the University?any sexual relations between any teacher and a student of that teacher are inappropriate.\" Topol said in the suit that administrators \"failed to investigate her complaints, or otherwise take any action to determine whether or not there existed grounds to suspend or terminate Woodfield.\" While her complaint involving the comments and treatment in the classroom was submitted to the University Ombudsman in March of 1993, the hearings were not scheduled until eight months later. Topol's suit alleges that School of Arts and Sciences Dean Rosemary Stevens held onto the complaint for five months, until August, 1993, even though University policy requires that the complaint reach the committee on academic responsibility within 20 days of being filed. \"The [Faculty] Handbook says that [the dean] has 20 days to come up with charges,\" said English Professor Paul Korshin Woodfield's faculty liaison in the proceedings. \"In fact, it took six months to know what the charges were and eigh months to get them formally written down,\" he said. The University Ombudsman had assured Topol that the complaint would be forwarded and that it would be resolved before last summer, according to the suit. But the committee did not conclude that there was sufficient reason to charge Woodfield until November. Meanwhile, a second complaint surfaced from Woodfield, whose courseload had been removed for the fall semester of 1993. Since officials say that not assigning a professor a courseload is in effect an act of suspension, Woodfield filed a 2/22/25, 5:37 English prof. resigns amidst sex scandal \| The Daily Pennsylvanian 1/4 complaint with faculty grievance officer Sol Goodgal, a Microbiology Professor. After Goodgal refused to act on th complaint, Woodfield approached the Faculty Senate Committee on Academic Freedom and Responsibility. And according to Woodfield, the Committee concluded that Stevens had violated policy by removing Woodfield's courseload. Alice Ballard, Topol's attorney, said her client has gone through a great deal of stress waiting for the University to take action against her former professor. \"This case isn't about Woodfield, it's about an institutional failure to respond and deal with a problem that's right under their noses,\" she said. The Daily Pennsylvanian is an independent, student-run newspaper. Please consider making a donation to support the coverage that shapes the University. Your generosity ensures a future of strong journalism at Penn PennConnects 2/22/25, 5:37 English prof. resigns amidst sex scandal \| The Daily Pennsylvanian 2/4 Comments powered by Disqus Please note All comments are eligible for publication in The Daily Pennsylvanian. Most Read Next Previous \ue804 Department of Education orders universities to eliminate programs within two weeks Penn to reduce graduate admissions, rescind acceptances amid federal research funding cuts Mackenzie Fierceton reaches settlement with Penn following yearslong legal battle 2/22/25, 5:37 English prof. resigns amidst sex scandal \| The Daily Pennsylvanian 3/4 2/22/25, 5:37 English prof. resigns amidst sex scandal \| The Daily Pennsylvanian 4/4", "7805_105.pdf": "U. sued over handling of harassment case By Penn, Staff, Daily Pennsylvanian, and John MacNeil 03/16/94 5:00am Former student alleges negligence in two suits and Andrew Rafalaf Former University student Lisa Topol, who has accused Assistant English Professor Malcolm Woodfield of sexual harassment, filed suit against the University in federal district court yesterday. The suit alleges that the University has continually postponed the hearing process involving Woodfield, and asks for monetary compensation on the basis of psychological and emotional injury amon other items. Topol also filed suit against Bates College, where Woodfield taught for two years before arriving at th University, for withholding information of other sexual harassment accusations against Woodfield. In the lawsuit against the University, Topol charges that administrators \"failed to investigate her complaints, or otherwise take a action to determine whether or not there existed grounds to suspend or terminate Woodfield.\" After Topol initially complained about Woodfield to the Ombudsman's office in March of last year, the suit states that the University \"actively discouraged\" her from obtaining outside counsel. The suit also states that the University said they would represent her. According to the suit, Woodfield admitted to Topol's complete account of the relationship except fo one detail in a meeting with former Ombudsman Daniel Perlmutter and Assistant Ombudsman Gulbun O'Connor. The suit continues to say that the University urged Topol to file her complaint with the College Committee on Academic Freedom and Responsibility and promised that the matter would be resolved by last summer. \"Dean Stevens failed to forward a complaint concerning Woodfield to the [Committee] until August, 1993, a full five months after Ms. Topol reported Woodfield's conduct to the Assistant Ombudsman,\" the suit states. Stevens refuse to comment on the case last night. Topol charges that after the Committee received the complaint, it did not respond within 20 days, which is required by Section 10.4(c) of the University Policies and Procedures. Not until November of last year did the Committee decide that just cause existed to formally charge Woodfield of sexual harassment, the suit states. In addition, the suit alleges that Woodfield failed to respond to the Committee's forma complaint and did so again after being given a second chance. Woodfield did not return several phone calls placed to his home last night. The suit states that by failing to respond to the Committee's complaint, Woodfield forfeited his right to be involved in the hearings against him and the University proceeded to set a hearing date in early February. But, the University decided to cancel the hearing because it wanted Woodfield to attend, Topol alleges. \" [The University] finally set hearing dates in April, 1994, more than a year after Ms. Topol lodged her complaint with the Ombudsman,\" the suit charges. Topol's lawyer, Alice Ballard, said her client is frustrated with the University's handling of her complaint. \"She's hoping that the suit will prompt [the University] to do something in the case,\" sai Ballard. \"[The University] has acted as though [the Woodfield case] were nothing but a pain in the neck.\" The suit against the University asks that Topol be compensated for \"wages and fringe benefits\" that she has lost due to her relationship with Woodfield and for wages that she is \"likely to lose.\" The suit also asks that the University pay Top for \"anguish and humiliation, physical and mental pain and suffering, and loss of life's pleasures.\" Along with 2/22/25, 5:37 U. sued over handling of harassment case \| The Daily Pennsylvanian 1/5 outlining the University's alleged mishandling of the Woodfield case, the suit also describes the relationship between Woodfield and Topol and concurs with a draft of a letter Stevens wrote to the Committee last August. As student in Woodfield's class, \"The British Novel: 1660-present,\" in the fall of 1992, Topol was repeatedly complimented and flattered by Woodfield in front of the class and in private, the suit contends. Near the end of th semester, Woodfield allowed Topol to take an oral examination that was not available to the rest of the class, both the suit and Stevens' letter state. At that exam, which took only 10 minutes, Woodfield allegedly made \"sexually suggestive remarks\" and asked her help in developing a course load by having her read a book, according to the complaint. Woodfield and Topol met again on December 21, 1992 when Woodfield kissed Topol, the suit states. It continues to say that later the same evening, Woodfield called her and told her that he wanted to \"enter into a sexual relationship.\" The suit also states that the two met for lunch, at which point Topol expressed her concern over taking a course from Woodfield in the spring. Woodfield \"persuaded\" Topol to stay in the class, which she was already registered for, and also mentioned that she received an \"A\" in his fall course, the suit states. Upon returnin from winter break in January 1993, Woodfield and Topol became sexually involved, the letter and suit details. \"Professor Woodfield and Ms. Topol engaged in sexual intercourse in his office and, on two occasions, in her dormitory room,\" the suit states. The suit continues that the two engaged in role playing where Woodfield played the teacher and assigned Topol, his student, sexual \"homework.\" Woodfield also \"spanked\" Topol with a crop or whip, the suit adds. The suit alleges that Woodfield was verbally abusive to Topol, \"subjecting [Topol] to profanity and denigrating language.\" Speaking about the lawsuit against the University, Ballard said, \"The case isn't about Woodfield, it's about an institutional failure to respond and deal with a problem that's right under their noses.\" Ballard added that she believes Bates College, the institution where Woodfield taught from 1989 to 1991, is partly responsible for the present situation. The suit against Bates College states that the college withheld information pertaining to student accusations of sexual harassment against Woodfield. \"In the fall of 1990, when Woodfield wa on the faculty at Bates College and when Bates sent positive references for Woodfield to the University of Pennsylvania, Bates College was aware of student complaints of sexual harassment by Woodfield,\" the suit against Bates states. In the spring of 1991, Bates began formal administrative proceedings against Woodfield on the basis o the student complaints, the suit continues. Steven Hochstadt, a member of the Community Relations Counsel at Bates College, did not want to comment on Bates' dealings with Woodfield. Hochstadt did agree, though, that \"the was something going on\" involving Woodfield. When Bates found out that Woodfield was offered a job at the University, the suit continues, they terminated the proceedings and only \"verbally reprimanded\" him. Bates Colleg failed to inform the University of the complaints and the subsequent proceedings and also failed to update the positive references it had previously offered, the suit charges. \"What Bates did was absolutely reprehensible,\" Ballard said think it's completely foreseeable that what happened at Bates would happen at Penn.\" While the University was investigating the current accusations of sexual harassment, the suit states, Bates College still failed to inform the University of \"Woodfield's prior sexual conduct in relation to female students.\" Bates College Associa Dean of Faculty John Pribram said he did not know anything about the charges against Woodfield was not aware of any proceedings [against Woodfield] and have not heard anything about this,\" he said. Pribram has only been working at Bates for a year and a half, and began only after Woodfield left. Martha Crunkelton, dean of faculty at Bates College, could not be reached for comment last night. 2/22/25, 5:37 U. sued over handling of harassment case \| The Daily Pennsylvanian 2/5 The Daily Pennsylvanian is an independent, student-run newspaper. Please consider making a donation to support the coverage that shapes the University. Your generosity ensures a future of strong journalism at Penn PennConnects 2/22/25, 5:37 U. sued over handling of harassment case \| The Daily Pennsylvanian 3/5 Comments powered by Disqus Please note All comments are eligible for publication in The Daily Pennsylvanian. Most Read Next Previous \ue804 Department of Education orders universities to eliminate programs within two weeks Penn to reduce graduate admissions, rescind acceptances amid federal research funding cuts Mackenzie Fierceton reaches settlement with Penn following yearslong legal battle 2/22/25, 5:37 U. sued over handling of harassment case \| The Daily Pennsylvanian 4/5 2/22/25, 5:37 U. sued over handling of harassment case \| The Daily Pennsylvanian 5/5"}
7,743	Xuesong ‚ÄúGary‚Äù Yang	University of Illinois ‚Äì Springfield	[ "7743_101.pdf" ]	{"7743_101.pdf": "News & Opinion \u00bb News January 20, 2017 Springfield businessman charged with raping student Accused was affiliated with student exchange program By Bruce Rushton Listen to the article now 1.0x Audio by Carbonatix Springfield businessman once employed by the University of Illinois Springfield in the school\u2019s exchange student program has been charged with raping a freshman from China and has also been accused of sexually assaulting other students. Xuesong \u201cGary\u201d Yang was arrested in August. He\u2019s been charged with two counts of criminal sexual assault and is scheduled for trial next month. He is free on $50,000 bail, which is 10 percent of his $500,000 bond, and he has surrendered his passport to authorities. Yang is president of a nonprofit management consulting firm called Lincoln Management and Professional Development Council and was once co-owner of Ginger Asian Bistro, a west side restaurant that closed several years ago. Xuesong \u201cGary\u201d Yang faces three felony charges, including two counts of sexual assault and one count of obstructing justice. The alleged victim told police that Yang, 54, attacked her on her 17th birthday, the day after she arrived in Springfield from China to attend UIS. The attack occurred after Yang plied her with wine in his downtown Springfield office, according to police reports. Jason Vincent, Yang\u2019s lawyer, declined comment. Derek Schnapp spokesman, said that Yang was employed by the university as a \u201cvisiting admissions counselor/student advisor\u201d from Sept. 4, 2013 until Aug. 15 and was paid $30,750 per year. There is a limit of three years for such employees to work at as visiting staff, Schnapp said. Yang's employment ended one week before alleged sexual assaults by him were reported. According to charging papers, Yang was a \u201cstudent advisor\u201d to the victim. Yang also helped arrange a visit of Chinese teachers to Springfield School District 186 facilities in 2011, according to a story in the State Journal-Register. According to the 2011 story, Yang had helped arrange visits of Chinese teachers and government officials to Illinois for seven years. \"The safety and well-being of our community is at the heart of the university's mission,\" Schnapp wrote in an email to Illinois Times. \"When police learned of a possible off-campus crime involving a former employee, they immediately alerted the Springfield Police Department and provided assistance in their investigation. Our campus will always support the work of the state's attorney and the other law enforcement officials who protect us and vigorously prosecute crimes affecting any member of our community week after the first assault in August, the victim told police that Yang picked her up at her dorm, drove her downtown and again sexually assaulted her in his office before driving her back to the university. The victim, who doesn\u2019t speak English, told police that she had scratched Yang on his back during one of the assaults and had also given him hickeys on his chest. Police found no scratches, but they did find what looked like hickeys on his chest during an interview that ended with Yang\u2019s arrest. While detectives were outside the interview room, Yang attempted to obliterate the marks by scratching his chest, according to reports. In addition to two counts of sexual assault, Yang has been charged with obstructing justice by Sangamon County prosecutors who say that the scratching constituted an attempt to destroy evidence. The alleged assaults came to light when the student told a friend what had happened, police say. The victim and friend then told a resident assistant, who then called campus police, who turned the investigation over to city police because the alleged attacks occurred off campus, according to police reports. The victim told police that Yang threatened to get her kicked out of school and ruin her career if she told anyone about the attacks. She also said that Yang had told all students from her hometown that he had the power to change their grades and send them back to China. She said that she was afraid of Yang because she thought he had the power to revoke her visa as well as visas held by her family. She also said that she wasn\u2019t Yang\u2019s first victim. \u201c(She) said there is a male subject who has already graduated that she believes Yang had sex with,\u201d a detective wrote in a police report. \u201cShe could not provide any information except that the upper classmates said that all students 17 or 18 that Yang brings from China have sex with him but she does not know what kind of agreement they have with him.\u201d The victim\u2019s story was backed by two exchange students who told police that they had witnessed Yang threaten the victim. The students also provided police with the names of two other exchange students whom they said had been sexually assaulted by Yang but were afraid to come forward. It\u2019s not clear whether the alleged victim is still at UIS. Sangamon County state\u2019s attorney John Milhiser said that the investigation is continuing and Yang\u2019s trial set for Feb. 6 will likely be postponed. \u201cIf there are any additional victims or additional charges that are appropriate, they will be filed,\u201d Milhiser said. The alleged victim and another student told police that Yang recruits students to come from China to attend UIS. One of the students told police that families pay between $14,000 and $48,000 \u201cChinese currency\u201d as a fee for getting into college. It\u2019s not clear from police reports who received the reported payments. Wine and rape Speaking with the help of an interpreter, the alleged victim told police that Yang picked her up in Chicago the day she arrived in the United States. She said that she thought that she was supposed to travel with other students, but for some reason arrived from China before they did. During the drive from Chicago to Springfield, the victim told police that Yang spoke of sex, telling her that the United States is different from China because \u201ca lot of people have affairs and sex partners,\u201d according to a police report. \u201cHe told her that in the United States people will go to Vegas and get crazy before they get married,\u201d a detective wrote in a report. \u201c(The student) said that Yang asked her what she thought about sex before marriage. (The student) said she understood \u2018sex\u2019 and she understood \u2018partner\u2019 but she did not understand \u2018sex partners.\u2019\u201d The alleged victim said that Yang told he that he hugged her or put his arm around her because \u201cit is an American culture.\u201d The day after she arrived at UIS, she told police that he was going to help her celebrate her 17th birthday. After getting take-out food from Tai Pan, a Chinese restaurant on Adlai Stevenson Drive, she said that Yang drove her to his downtown office, where they ate and drank wine. \u201cYang told her if she did not drink on her birthday it would not be a celebration and was a let down,\u201d a detective who interviewed the alleged victim wrote in a report. \u201c(She) said she had too much to drink and told him she did not want any more but he told her it would be disrespectful to him to turn it down. (She) said between the two of them they drank a bottle and a half of wine.\u201d The alleged victim said that she became so dizzy that Yang had to help her to the bathroom. When she was finished in the bathroom, she told police that Yang pushed her onto a couch, removed her clothing as well as his, then had sex with her on the floor. She said she fell asleep, and when she awoke, Yang again had sex with her. \u201c(She) said he asked her if he could have sex with her, but she did not answer him,\u201d a detective wrote. \u201cShe said it was like he was talking to himself. She said Yang asked her this after she was already laying on the floor and he had taken her clothes off of her. (She) said she did not ever answer him. Under Illinois law, it isn\u2019t necessarily against the law for an adult to have sex with someone who is 17, but it\u2019s illegal if the adult \u201cholds a position of trust, authority or supervision\u201d over the younger person. Six days after the first attack, the alleged victim told police that Yang told her that she needed to go out with him. She said Yang picked her up at her dorm and drove her to his downtown office. \u201c(She) said she was afraid and did not say anything to him,\u201d a detective wrote in his report. \u201cYang told (her) she only needed to do two things. (She) said Yang told her she needed to have sex with him and study. (She) said when they got to his office, the same thing happened that had happened the first time except this time there was no food or wine.\u201d Yang talks to police Yang, who has pleaded innocent to all charges, denied having sex with the alleged victim during an interview with police, who gave him copies of search warrants for his office and to obtain saliva samples for testing when he sat down for questioning. Police who searched his office recovered an empty bottle of Cialis with his name on it, tissues, bedding, three laptop computers, a cellular phone, a towel and bedding. Yang told detectives that most of the Chinese students at were brought to Springfield by him asked him how many students had he brought from China this year,\u201d a detective wrote in a report. \u201cHe advised seven and then 10 scholars asked him how this works. He says the University of Illinois in Springfield needs more students. He said this is basically to pay for the (university\u2019s) operations.\u201d Schnapp, the spokesman, said that he was not prepared to answer questions beyond responding to basic employment information about Yang. Yang described the alleged victim as \u201ca troubled kid\" and told detectives that he knows her father and that a parent wanted her to leave China because she was having sex, according to a police report. \u201cHe said she is not wanted,\u201d a detective wrote in his report. \u201cHe said she comes from a very rich family. \u2026 He said this is terrible. He talks about being a top notch university. He talked about her father being very nice detective told Yang that if he had licked or kissed the alleged victim, police would find out from the results of a sexual assault test undergone by the alleged victim. The alleged victim had told police that she had scratched Yang\u2019s back and given him a hickeys on his chest the second time they had sex. When detectives asked Yang if he had any marks on his chest, he laughed and unbuttoned his shirt. Detectives found no scratches, but there were red marks on Yang\u2019s chest, according to a police report. When a detective asked Yang how he got the marks on his chest, he said that he had scratched himself, according to a police report. \u201cHe then began to scratch the area where the marks were located,\u201d a detective wrote told him they were not scratch marks but suck marks. He asked me what suck marks were and was told they are hickeys. It was explained to him that it is from someone sucking on his chest told him that this is what it looks like to me told him that believe that if his comes back (from the sexual assault test performed on the victim) he will be in a lot of trouble with the law. He said \u2018Oh my god.\u2019 He was nervous and moved his copy of the search warrant underneath the microphone.\u201d Detectives told Yang that if sex had been consensual, that would be one thing, but if he had forced himself on the alleged victim, that would be another told him it was one or the other because can guarantee him that have semen that has been recovered,\u201d a detective wrote in his report said that there was a search warrant completed at his office told him that we took a black light in, went over his office and the results from the lab will not be good for him said that it is his call to either minimize it or maximize it asked him if he wants to say it never happened, then OK.\u201d At that point, Yang asked for a lawyer. Detectives told Yang that he wasn\u2019t under arrest and someone would probably take him home. After Yang asked detectives to call his lawyer, police left the interview room and decided that Yang wouldn\u2019t be going home that night. Based on the marks on his chest, he would be arrested. While police were out of the room, Yang scratched his chest for more than 30 minutes, according to a police report. Even as police took photographs of his chest before taking him to jail that night, Yang pointed to his chest and said that he had scratched himself, according to a detective\u2019s report. This isn\u2019t the first time that Yang has been accused of inappropriate behavior. In 2009, a 19-year-old employee at Ginger Asian Bistro called police and told officers that Yang had walked up to her from behind, grabbed her shoulders and squeezed her. After reviewing a video that showed the area where it had reportedly happened and seeing nothing untoward, police took no action. The woman told police that she called police \u201cbecause she does not like to be grabbed by other people.\u201d Contact Bruce Rushton at [email protected] Bruce Rushton \uf0e0 Bruce Rushton is a freelance journalist. 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8,752	David Iyam	Whittier College	[ "8752_101.pdf", "8752_102.pdf", "8752_103.pdf", "8752_104.pdf" ]	{"8752_101.pdf": "By By \| \| [email protected] [email protected] UPDATED: UPDATED: August 27, 2021 at 5:26 August 27, 2021 at 5:26 By Bill Hetherman By Bill Hetherman City News Service City News Service former Whittier College professor can move forward with most of her claims that she was former Whittier College professor can move forward with most of her claims that she was wrongfully fired before the 2017-18 school year for speaking out in favor of students who wrongfully fired before the 2017-18 school year for speaking out in favor of students who alleged they were sexually harassed by a longtime professor who headed her department, a alleged they were sexually harassed by a longtime professor who headed her department, a judge ruled Friday. judge ruled Friday. Los Angeles Superior Court Judge Teresa A. Beaudet ruled that Teresa Delfin will only have to Los Angeles Superior Court Judge Teresa A. Beaudet ruled that Teresa Delfin will only have to shore up her sexual harassment-hostile work environment claim for it to remain part of her shore up her sexual harassment-hostile work environment claim for it to remain part of her lawsuit, which also includes allegations of wrongful termination, retaliation failure to prevent lawsuit, which also includes allegations of wrongful termination, retaliation failure to prevent retaliation and/or harassment and defamation. retaliation and/or harassment and defamation. Delfin was given 20 days to file an amended complaint. Delfin was given 20 days to file an amended complaint. In their court papers, lawyers for Whittier College said Delfin lost her job long after the In their court papers, lawyers for Whittier College said Delfin lost her job long after the resignation of the harassing resignation of the harassing anthropology professor, David Iyam anthropology professor, David Iyam Professor can continue with lawsuit Professor can continue with lawsuit against Whittier College over firing against Whittier College over firing \u2022 \u2022 News News 2/22/25, 5:39 Professor can continue with lawsuit against Whittier College over firing \u2013 Whittier Daily News 1/14 \u201cPlaintiff\u2019s allegations demonstrate that she witnessed none of Iyam\u2019s illegal harassment that \u201cPlaintiff\u2019s allegations demonstrate that she witnessed none of Iyam\u2019s illegal harassment that led to his forced resignation and none of it took place in plaintiff\u2019s work environment, except led to his forced resignation and none of it took place in plaintiff\u2019s work environment, except one instance at a luncheon in May 2013,\u201d the defense\u2019s court papers state. one instance at a luncheon in May 2013,\u201d the defense\u2019s court papers state. Delfin only learned of Iyam\u2019s behavior from after-the-fact from reports by students who were Delfin only learned of Iyam\u2019s behavior from after-the-fact from reports by students who were either subjected to his conduct or had heard of it, the defense lawyers maintain. either subjected to his conduct or had heard of it, the defense lawyers maintain. \u201cPlaintiff admits that no sexually harassing conduct occurred after Iyam left campus in May \u201cPlaintiff admits that no sexually harassing conduct occurred after Iyam left campus in May 2016, but she claims she was terminated from her employment with Whittier nearly a year 2016, but she claims she was terminated from her employment with Whittier nearly a year later when her contract to teach was not renewed,\u201d the college\u2019s lawyers stated in their court later when her contract to teach was not renewed,\u201d the college\u2019s lawyers stated in their court papers. papers. Delfin is former lecturer in the college\u2019s Department of Sociology and Anthropology. She Delfin is former lecturer in the college\u2019s Department of Sociology and Anthropology. She alleges the school fired her because she spoke out on behalf of students who were allegedly alleges the school fired her because she spoke out on behalf of students who were allegedly victimized by Iyam, then the most senior faculty member in Delfin\u2019s department and a person victimized by Iyam, then the most senior faculty member in Delfin\u2019s department and a person described in the plaintiff\u2019s court papers as a \u201ca widely-known sexual predator.\u201d described in the plaintiff\u2019s court papers as a \u201ca widely-known sexual predator.\u201d Delfin alleges she learned of Iyam\u2019s sexual harassment behavior in May 2013 when she Delfin alleges she learned of Iyam\u2019s sexual harassment behavior in May 2013 when she attended a luncheon with him, other faculty and students and she heard him make an attended a luncheon with him, other faculty and students and she heard him make an inappropriate comment about a student. inappropriate comment about a student. Delfin immediately asked Iyam to stop making such remarks, but he persisted, and the other Delfin immediately asked Iyam to stop making such remarks, but he persisted, and the other faculty members ignored him, according to her court papers. She says she complained about faculty members ignored him, according to her court papers. She says she complained about the incident to the head of her department, who at the time sat on Whittier College\u2019s Title the incident to the head of her department, who at the time sat on Whittier College\u2019s Title Committee. Committee. Delfin says she also reported that she heard other students report sexual harassing comments Delfin says she also reported that she heard other students report sexual harassing comments by Iyam, including one who said the professor rearranged the classroom seating so female by Iyam, including one who said the professor rearranged the classroom seating so female students wearing short skirts could sit closer to him. students wearing short skirts could sit closer to him. \u201cDespite plaintiff\u2019s complaint, no one took any corrective action to address Iyam\u2019s \u201cDespite plaintiff\u2019s complaint, no one took any corrective action to address Iyam\u2019s misconduct,\u201d the suit alleges. misconduct,\u201d the suit alleges. Read More Read More 00:00 00:00 02:00 02:00 2/22/25, 5:39 Professor can continue with lawsuit against Whittier College over firing \u2013 Whittier Daily News 2/14 \ue905 \ue905 Originally Published: Originally Published: August 27, 2021 at 5:21 August 27, 2021 at 5:21 Title investigation ensued and Whittier College placed Iyam on administrative leave for Title investigation ensued and Whittier College placed Iyam on administrative leave for the 2013 fall semester, according to the complaint, which says Delfin began to advocate for the 2013 fall semester, according to the complaint, which says Delfin began to advocate for complete transparency regarding the reason for Iyam\u2019s leave and sought to help prevent complete transparency regarding the reason for Iyam\u2019s leave and sought to help prevent further harassment. further harassment. Despite the college\u2019s knowledge of Iyam\u2019s alleged predatory conduct, the staff promoted him Despite the college\u2019s knowledge of Iyam\u2019s alleged predatory conduct, the staff promoted him to full professor, the suit states. to full professor, the suit states. In February 2016, a student told Delfin that Iyam had allegedly sexually harassed, assaulted In February 2016, a student told Delfin that Iyam had allegedly sexually harassed, assaulted and battered her throughout the 2015 fall semester and into the 2016 spring semester, and battered her throughout the 2015 fall semester and into the 2016 spring semester, prompting another Title complaint and investigation, according to the suit. Delfin prompting another Title complaint and investigation, according to the suit. Delfin contacted the Title Investigator and asked that Iyam be removed from campus, the suit contacted the Title Investigator and asked that Iyam be removed from campus, the suit states. states. The next day, the college dean placed Iyam on administrative leave and Iyam resigned in May The next day, the college dean placed Iyam on administrative leave and Iyam resigned in May 2016, the suit states. In the first of what Delfin alleges was a series of retaliatory actions, the 2016, the suit states. In the first of what Delfin alleges was a series of retaliatory actions, the college dean decided in March 2017 to fire the plaintiff as of the 2017-18 school year, the suit college dean decided in March 2017 to fire the plaintiff as of the 2017-18 school year, the suit states. states. Then, in alleged violation of Whittier College policies, the dean prevented Delfin from Then, in alleged violation of Whittier College policies, the dean prevented Delfin from appealing the firing by creating an appeal policy that was based on criteria inapplicable to the appealing the firing by creating an appeal policy that was based on criteria inapplicable to the plaintiff\u2019s case, the suit states. She alleges the school also did a \u201csham\u201d investigation of her plaintiff\u2019s case, the suit states. She alleges the school also did a \u201csham\u201d investigation of her complaint filed with human resources, and that the college dean defamed her in various complaint filed with human resources, and that the college dean defamed her in various ways, including by saying she had \u201clow-quality teaching.\u201d ways, including by saying she had \u201clow-quality teaching.\u201d The Localist: The Localist: Our best stories about your local area, handpicked by editors each day. Our best stories about your local area, handpicked by editors each day. Email address By signing up, you agree to our By signing up, you agree to our Terms of Use Terms of Use, , Privacy Policy Privacy Policy, and to receive emails from Whittier Daily , and to receive emails from Whittier Daily News. News. Around the Web Around the Web 2/22/25, 5:39 Professor can continue with lawsuit against Whittier College over firing \u2013 Whittier Daily News 3/14 Stop Information Overload Stop Information Overload Ethereal Search Engine Ethereal Search Engine The Close Relationship Between The Close Relationship Between Stress and Sleep Stress and Sleep Did Your Mom Ever Make the Did Your Mom Ever Make the Paper? Search Newspapers.com Paper? Search Newspapers.com Heartwarming Reaction From a Heartwarming Reaction From a Couple Meeting Their Rescue Dog Couple Meeting Their Rescue Dog for the First Time for the First Time 2/22/25, 5:39 Professor can continue with lawsuit against Whittier College over firing \u2013 Whittier Daily News 4/14 Take on a Challenge: Make Pasta Al Take on a Challenge: Make Pasta Al Limone at Home Limone at Home Is My Space a Good Fit for Airbnb? Is My Space a Good Fit for Airbnb? Ring Devices Help Make Peace of Ring Devices Help Make Peace of Mind More Accessible to All Mind More Accessible to All Walmart Center for Racial Equity Walmart Center for Racial Equity Update: Advancing Equity in Update: Advancing Equity in Criminal Justice Criminal Justice 2/22/25, 5:39 Professor can continue with lawsuit against Whittier College over firing \u2013 Whittier Daily News 5/14 How Long Should Keep My Car? How Long Should Keep My Car? The Best Places to Buy College The Best Places to Buy College Apparel Make Showing College Apparel Make Showing College Pride Too Easy Pride Too Easy Four Ways Food Banks Are Feeding Four Ways Food Banks Are Feeding Kids Right Now Kids Right Now Got Plant Milk? Add These 16 Plant Got Plant Milk? 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Did Your Mom Ever Make the Did Your Mom Ever Make the Paper? Search Newspapers.com Paper? Search Newspapers.com 2/22/25, 5:39 Professor can continue with lawsuit against Whittier College over firing \u2013 Whittier Daily News 9/14 The Close Relationship Between The Close Relationship Between Stress and Sleep Stress and Sleep Ring Devices Help Make Peace of Ring Devices Help Make Peace of Mind More Accessible to All Mind More Accessible to All Stop Paying Too Much for Your Stop Paying Too Much for Your Prescriptions - Compare Prices, Prescriptions - Compare Prices, Find Free Coupons, Find Free Coupons, Nine Kinds of Ancestors You Could Nine Kinds of Ancestors You Could Find on Your Family Tree Find on Your Family Tree 2/22/25, 5:39 Professor can continue with lawsuit against Whittier College over firing \u2013 Whittier Daily News 10/14 The New Normal of Selling a Home The New Normal of Selling a Home Today Today Four Ways Food Banks Are Feeding Four Ways Food Banks Are Feeding Kids Right Now Kids Right Now Get Mortgage Advice Close to Get Mortgage Advice Close to Home Home How Long Should Keep My Car? 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Add These 16 Plant Milks to Your Mug for Health, Flavor, Milks to Your Mug for Health, Flavor, and Fro and Fro The Best Places to Buy College The Best Places to Buy College Apparel Make Showing College Apparel Make Showing College 2/22/25, 5:39 Professor can continue with lawsuit against Whittier College over firing \u2013 Whittier Daily News 12/14 Pride Too Easy Pride Too Easy Four Easy Tips to Keep Your Kids Four Easy Tips to Keep Your Kids Safe Online Safe Online Walmart Center for Racial Equity Walmart Center for Racial Equity Update: Advancing Equity in Update: Advancing Equity in Criminal Justice Criminal Justice Take on a Challenge: Make Pasta Al Take on a Challenge: Make Pasta Al Limone at Home Limone at Home 2/22/25, 5:39 Professor can continue with lawsuit against Whittier College over firing \u2013 Whittier Daily News 13/14 2021 2021 \ue907 \ue907August August \ue907 \ue90727 27 Why Google Workspace for Why Google Workspace for Business is Worth the Upgrade Business is Worth the Upgrade Heartwarming Reaction From a Heartwarming Reaction From a Couple Meeting Their Rescue Dog Couple Meeting Their Rescue Dog for the First Time for the First Time Five Reasons Your Car Insurance Five Reasons Your Car Insurance Rate Changes Rate Changes Is My Space a Good Fit for Airbnb? Is My Space a Good Fit for Airbnb? 2/22/25, 5:39 Professor can continue with lawsuit against Whittier College over firing \u2013 Whittier Daily News 14/14", "8752_102.pdf": "2/22/25, 5:39 Helen Kim \u2014 Helen Kim Law 1/6 Helen Kim is an aggressive trial lawyer who has dedicated her career to representing plaintiffs, particularly in the area of employment law. Since 2016, Ms. Kim has been selected every year by SuperLawyers as a Rising Star. Every year since 2018, Ms. Kim was recognized as one of the Up-and-Coming 50 Women Lawyers, an accolade designated among the female lawyers who ranked at the top of the list in the Southern California Rising Stars nomination, research and Blue Ribbon review process. Ms. Kim is selective with the cases she pursues, as she devotes herself completely to her cases and only chooses cases she firmly believes in taking to trial. Select Cases Currently in Litigation: Delfin v. Whittier College, Los Angeles Superior Court Case No. 19STCV17427 (jury trial date is TBD). This is a whistleblower retaliation and defamation lawsuit on behalf of a former professor who was retaliated against and wrongfully terminated for protecting students from widely-known sexual predator professor David Iyam. This case has recently been in the news: -can-continue-with-lawsuit-against-whittier-college- over-firing/. Select case victories in recent years: In 2023, Ms. Kim obtained a 7-figure settlement in a sexual harassment case. In 2022, Ms. Kim obtained a $2.75 million settlement on behalf of aggrieved employees in a Private Attorney General Act case that is currently pending court approval. In 2021, Ms. Kim obtained a $1.4 million settlement on behalf of a terminated manager alleging retaliation and whistleblower claims in Orange County Superior Court. 2/22/25, 5:39 Helen Kim \u2014 Helen Kim Law 2/6 In 2020, Ms. Kim obtained a $1.65 million settlement on behalf of misclassified individuals against a national audit company in a class action lawsuit involving claims for intentional misclassification. In 2019, Ms. Kim obtained a $1.55 million settlement on behalf of an individual employee against a technology start-up in Santa Monica in an arbitration involving claims for unpaid commissions, violation of Labor Code section 1102.5, race discrimination, retaliation, and wrongful termination. In 2018, Ms. Kim obtained a $1.06 million settlement (inclusive of fees, costs, class representative enhancement payment and payment) on behalf of a class of non-exempt former and current employees of Wolfgang Puck Catering and Events, LLC. In 2017, Ms. Kim secured a $1.02 million total judgment ($307,762.00 verdict + $709,431.90 fee award) plus finding of malice, oppression or fraud against 3 managing agents in a failure to accommodate disability and wrongful termination jury trial against Kaiser Foundation Hospitals and Southern California Permanente Medical Group, Inc. (Case No. 30-2015-00768685 (Orange County Superior Court Jan. 2015)). Ms. Kim litigated this case from its inception through the end of the seven-week jury trial in one of the most conservative jurisdictions in the State of California for plaintiffs. In 2015, Ms. Kim secured a 6-figure confidential pre- lawsuit settlement of individual employee's pregnancy discrimination and wrongful termination claims. Education Stanford University, B.A. (2004) * Phi Beta Kappa, Distinction, Ranked 1st in the Department of Communication, Gates Millennium Scholar, News Editor for The Stanford Daily 2/22/25, 5:39 Helen Kim \u2014 Helen Kim Law 3/6 University of California, Hastings College of the Law, J.D. (2008) * Civil Litigation Concentration, Editor of the Hastings Business Law Journal Previous Work Experience Associate at The deRubertis Law Firm - plaintiffs' employment law (individual cases and wage & hour class actions), personal injury Associate at Arias, Ozzello & Gignac - plaintiffs' consumer class actions, plaintiffs' employment litigation (individual cases and wage & hour class actions), toxic torts, products liability, intellectual property litigation, business litigation Certified law clerk at the San Mateo District Attorneys' Office Certified law clerk at the Unites States Attorneys' Office, Criminal Division, in the Northern District of California Freelance columnist for the Los Angeles Times (Voices column) Accolades Up-and-Coming 50 Women Lawyers for each year since 2018 (Top female lawyers in the Southern California Rising Stars nomination, research and Blue Ribbon review process) Southern California Rising Star (top 2.5% of attorneys in Southern California) for each year since 2016 Publications Interviewed by the Los Angeles Times re: sexual harassment in the 2/22/25, 5:39 Helen Kim \u2014 Helen Kim Law 4/6 workplace: report-sexual-harassment-workplace-20171219-story.html Writer for the California Employment Lawyers Association blog (celavoice.org) \"Tips for Lawyers Advertising in California,\" Juriste International, April 2012 \"Concepcion Severely Limits Consumer Class Actions In The United States,\" Juriste International, March 2011 Multiple articles (written and edited by Ms. Kim) in The Stanford Daily from 2001-2004 Multiple feature columns in the Los Angeles Times (Voices column) from 1999-2000 Professional Affiliations California Employment Lawyers Association, Member Consumer Attorneys Association of Los Angeles, Member Korean American Bar Association of Southern California, Member National Asian Pacific American Bar Association, Member Bar Admissions California, 2008 United States Court of Appeals for the Ninth Circuit, 2010 United States District Court, Central District of California, 2009 Resources 2/22/25, 5:39 Helen Kim \u2014 Helen Kim Law 5/6 Department of Fair Housing and Employment: California Employment Lawyers Association blog: celavoice.org Languages Korean Interests In her free time, Ms. Kim enjoys hot yoga with weights, scuba diving, hiking, and traveling. She has traveled extensively to Iceland, Italy, Portugal, Spain, Greece, Peru, Belize, Costa Rica, Nicaragua, England, the Maldives, and at least a dozen other countries. \u00a9 Copyright 2021 Helen Kim Law, APC. All rights reserved. 2/22/25, 5:39 Helen Kim \u2014 Helen Kim Law 6/6", "8752_103.pdf": "Former Whittier College Students Allegedly Abused by Professor Settle Suit by Contributing Editor May 6, 2023 Four young women who allege they were sexually abused, harassed, assaulted and/or battered at the hands of a professor while they were students at Whittier College have reached a settlement in their lawsuit against the school. The plaintiffs were identified only as Jane Doe 1, 2, 3 and 4 in their Los Angeles Superior Court lawsuit, in which they maintained that despite complaints of many other students about David Iyam, the college promoted him to full professor in 2014 before it allowed him to resign in 2016. An attorney for the college filed court papers on Friday with Judge Yvette Palazuelos stating that the case was resolved, but no terms were divulged. The lawsuit was originally filed in March 2022 and most recently amended on Jan. 18. \u201cInstead of protecting its students and staff, the leaders at Whittier College chose to protect Professor Iyam by allowing him free rein to continue sexually harassing, assaulting, and battering whomever he pleased by ratifying his conduct again and again,\u201d according to the plaintiffs\u2019 court papers. As one of Whittier College\u2019s few Black professors and a well-published Fulbright scholar, Iyam was regularly praised by faculty and administration, according to the suit, which alleged that school leaders and employees \u201cconspired to fraudulently conceal Professor Iyam\u2019s sexual misconduct for at least a decade, if not longer, in order to avoid any private or public accountability and civil as well as potential criminal liability.\u201d In their court papers, attorneys for the college denied the plaintiffs\u2019 allegations and stated that they were barred by the statute of limitations. Still awaiting trial on June 14 is a separate lawsuit brought by former Whittier College Professor Teresa Delfin, who alleges she was wrongfully terminated before the 2017-18 school year for speaking out in favor of students who alleged they were sexually harassed by Iyam, who headed the plaintiff\u2019s department. 2/22/25, 5:39 Former Whittier College Students Allegedly Abused by Professor Settle Suit - MyNewsLA.com 1/2 \u00a9 2025 CalNews Inc Powered by Newspack 2/22/25, 5:39 Former Whittier College Students Allegedly Abused by Professor Settle Suit - MyNewsLA.com 2/2", "8752_104.pdf": "Judge OKs former Whittier College professor\u2019s retaliation suit for trial by City News Service \u2022 September 8, 2022 former Whittier College professor can move forward with most of her claims that she was wrongfully terminated before the 2017-18 school year for speaking out in favor of students who alleged they were sexually harassed by a longtime professor who headed her department, a judge has ruled. Los Angeles Superior Court Judge Teresa A. Beaudet found that there are triable issues in plaintiff Teresa Delfin\u2018s lawsuit for wrongful termination, retaliation and failure to prevent retaliation and harassment. The judge dismissed Delfin\u2019s causes of action for defamation and sexual harassment, hostile work environment. In their court papers, lawyers for Whittier College argued that Delfin\u2019s loss of her job had nothing to do with the eventual resignation of the harassing professor, David Iyam. \u201cThe truth is (Delfin) did not `blow\u2019 any whistle,\u201d the college\u2019s attorneys argued in their court papers. \u201cWhittier initiated an investigation against \u2026 before (Delfin) became involved. Then, under the leadership of then- Dean Darrin Good, Whittier forced Iyam to resign. All of which would have happened with or without (Delfin\u2019s) role in the investigation.\u201d Type search term and press enter ... Recent Comments Efrem Zimbalist Jr. on Palmdale authorities apprehend graffiti vandals, including armed suspect: \u201cMichelle, have you spoken to the about Rex?\u201d Frances on Judge orders arbitration of Allied Security guard\u2019s sexual harassment lawsuit: \u201cDoes anyone know any more about this case? This is about someone know and believe full heartedly that\u2026\u201d Lily on Palmdale authorities apprehend graffiti vandals, including armed suspect: \u201c@Michelle Egberts\u2026 Hi Michelle, remember Jim? Madalyn and Jim were friends of mine.\u201d Aug 27, 11:23 Aug 26, 19:42 Aug 23, 06:47 2/22/25, 5:39 Judge OKs former Whittier College professor\u2019s retaliation suit for trial 1/3 committee of Delfin\u2019s peers recommended that her expiring year-to- year contract as a lecturer, which Delfin admits was \u201cat will,\u201d not be renewed \u201cfor good reason,\u201d according to the defense attorneys\u2019 court papers. But in her ruling, the judge noted various points cited by Delfin\u2019s attorneys, including the decision by a female student to come forward in February 2016 and tell Delfin that she had been sexually assaulted and harassed by Iyam and that she had submitted a Title complaint that same day. \u201cBased on the foregoing, the court finds that (Delfin) has presented sufficient evidence to raise a triable issue of material fact as to whether there is a causal link between (Delfin\u2019s) protected activity and the non- renewal of her contract,\u201d the judge wrote. Delfin is former lecturer in the college\u2019s Department of Sociology and Anthropology. She alleges the school fired her because she spoke out on behalf of students who were allegedly victimized by Iyam, then the most senior faculty member in Delfin\u2019s department and a person described in the plaintiff*s court papers as a \u201ca widely-known sexual predator.\u201d Delfin alleges she learned of Iyam\u2019s sexual harassment behavior in May 2013 when she attended a luncheon with him, other faculty and students and she heard him make an inappropriate comment about a student. Delfin immediately asked Iyam to stop making such remarks, but he persisted and the other faculty members ignored him, according to her court papers. She says she complained about the incident to the head of her department, who at the time sat on Whittier College\u2019s Title Committee. Delfin says she also reported that she heard other students report sexual harassing comments by Iyam, including one who said the professor rearranged the classroom seating so female students wearing short skirts could sit closer to him. \u201cDespite plaintiff\u2019s complaint, no one took any corrective action to address Iyam\u2019s misconduct,\u201d the suit alleges Title investigation ensued and Whittier College placed Iyam on administrative leave for the 2013 fall semester, according to the complaint, which says Delfin began to advocate for complete transparency regarding the reason for Iyam\u2019s leave and sought to help prevent further harassment. Despite the college\u2019s knowledge of Iyam\u2019s alleged predatory conduct, the staff promoted him to full professor, the suit states. The student who confided in Delfin in February 2016 told the plaintiff that Iyam had allegedly sexually harassed, assaulted and battered her throughout the 2015 fall semester and into the 2016 spring semester, prompting another Title complaint and investigation, according to the suit. Delfin contacted the Title Investigator and asked that Iyam be removed from campus, the suit states. The next day, the college dean placed Iyam on administrative leave and Iyam resigned in May 2016, the suit states. In the first of what Delfin alleges was a series of retaliatory actions, the college dean decided in March 2017 to fire the plaintiff as of the 2017-18 school year, the suit states. Then, in alleged violation of Whittier College policies, the dean prevented Delfin from appealing the firing by creating an appeal policy that was based on criteria inapplicable to the plaintiff\u2019s case, the suit states. She alleges the school also did a \u201csham\u201d investigation of her complaint filed with human resources. \u2013 Michelle Egberts on Palmdale authorities apprehend graffiti vandals, including armed suspect: \u201c@ Tim Scott couldn\u2019t have said it more eloquently Tim!!! We have to get together and catch up over\u2026\u201d Mars on Palmdale authorities apprehend graffiti vandals, including armed suspect: \u201cGive Them Cleaning Supplies Clean Up The Graffiti For 3 months Also Have Them Do Community Service As Well Then\u2026\u201d Aug 21, 00:58 Aug 15, 02:54 From The Web by Taboola Sponsored Links Techno Mag Tips and Tricks War Thunder Play War Thunder now for free Play Now Crossout Shooter Action Play Now All Channels for Only $49 (Buy Now) Your Finger Shape Says a Lot About Your Personality, Read Now 2/22/25, 5:39 Judge OKs former Whittier College professor\u2019s retaliation suit for trial 2/3 Filed Under: Education Copyright \u00a9 2024 \u00b7 The Times LLC. All rights reserved. Terms of Use 2/22/25, 5:39 Judge OKs former Whittier College professor\u2019s retaliation suit for trial 3/3"}
7,502	Don Ruminer	Pasco-Hernandez Community College	[]	{}
7,217	Travis Pratt	Arizona State University	[ "7217_101.pdf", "7217_102.pdf", "7217_103.pdf", "7217_104.pdf" ]	{"7217_101.pdf": "Center (/) Problems (/problems/) Acquaintance Rape of College Students, 2nd Ed. (/problems/rape) References (/node/11283) (/node/11286) References Abbey, Antonia. 1991. \u201cAcquaintance Rape and Alcohol Consumption on College Campuses: How Are They Linked?\u201d College Health 39:165\u2013169. Abbey, Antonia. 2002. \u201cAlcohol-related Sexual Assault Common Problem among College Students.\u201d Journal of Studies on Alcohol (Suppl. 14): 118\u2013128. Abbey, Antonia, L. Thomson Ross, D. McDuggie, and Pam McAuslan. 1996. \u201cAlcohol and Dating Risk Factors for Sexual Assault among College Women.\u201d Psychology of Women Quarterly 20:147\u2013169. Abbey, Antonia, Tina Zawacki, Philip O. Buck, A. Monique Clinton, and Pam McAuslan. 2004. \u201cSexual Assault and Alcohol Consumption: What Do We Know About Their Relationship and What Types of Research Are Still Needed?\u201d Aggression and Violent Behavior 9(3): 271\u2013303. ( Amar, Angela F., and Susan Gennaro, S. 2005. \u201cDating Violence in College Women: Associated Physical Injury, Healthcare Usage, and Mental Health Symptoms.\u201d Nursing Research 54(4): 235\u2013242. Anderson, Michelle J. 2010. \u201cDiminishing the Legal Impact of Negative Social Attitudes toward Acquaintance Rape Victims.\u201d New Criminal Law Review: In International and Interdisciplinary Journal 13(4): 644\u2013664. Angelone, David J., Damon Mitchell, and Laura Grossi. 2015. \u201cMen's Perceptions of an Acquaintance Rape: The Role of Relationship Length, Victim Resistance, and Gender Role Attitudes.\u201d Journal of Interpersonal Violence 30(13): 2278\u20132303. doi:10.1177/0886260514552448 Armstrong, Elizabeth A., Laura Hamilton, and Brain Sweeney. 2006. \u201cSexual Assault on Campus Multilevel, Integrative Approach to Party Rape.\u201d Social Problems 53(4): 483\u2013499. Banyard, Victoria L., Mary M. Moynihan, and Elizabethe G. Plante. 2007. \u201cSexual Violence Prevention through Bystander Education: An Experimental Evaluation.\u201d Journal of Community Psychology 35(4): 463\u2013481. Ben-David, Sarah, and Ofra Schneider. 2005. \u201cRape Perceptions, Gender Role Attitudes, and Victim-Perpetrator Acquaintance.\u201d Sex Roles 53(5-6): 385\u2013399. 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References Center for Problem-Oriented Policing 1/6 Burnett, Ann, Jody L. Mattern, Liliana L. Herakova, David H. Kahl Jr, Cloy Tobola, and Susan E. Bornsen. 2009. \u201cCommunicating/Muting Date Rape Co-Cultural Theoretical Analysis of Communication Factors Related to Rape Culture on a College Campus.\u201d Journal of Applied Communication Research 37(4): 465\u2013485. doi:10.1080/00909880903233150 Cantor, David, Bonnie Fisher, Susan Chibnall, Reanne Townsend, Hyunshik Lee, Carol Bruce, and Gail Thomas. 2015. Report on the Campus Climate Survey on Sexual Assault and Sexual Misconduct. Rockville, Maryland: Westat. Centers for Disease Control and Prevention. 1997. Youth Risk Behavior Surveillance: National College Health Risk Behavior Survey\u2014 United States, 1995. Atlanta, Geogria: Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Division of Adolescent and School Health. Cohn, Ellen S., Erin C. Dupuis, and Tiffany M. 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An Evidence-Based Review of Sexual Assault Preventive Intervention Programs. Washington, DC: U.S. Department of Justice. Mohler-Kuo, Meichun, George W. Dowdall, Mary P. Koss, and Henry Wechsler. 2004. \u201cCorrelates of Rape While Intoxicated in a National Sample of College Women.\u201d Journal of Studies on Alcohol 65(1): 37\u201345. Muehlenhard, Charlene L., and Melaney A. Linton. 1987. \u201cDate Rape and Sexual Aggression in Dating Situations: Incidence and Risk Factors.\u201d Journal of Counseling 34(2): 186\u2013196. ( Center for Problem-Oriented Policing (/) 2/22/25, 5:40 Acquaintance Rape of College Students, 2nd Ed. References Center for Problem-Oriented Policing 3/6 Murnen, Sarah K., and Marla H. Kohlman. 2007. \u201cAthletic Participation, Fraternity Membership, and Sexual Aggression among College Men Meta-Analytic Review.\u201d Sex Roles 57(1-2): 145\u2013157. National Sexual Violence Resource Center. 2015. \u201cStatistics about Sexual Violence.\u201d Retrieved from ( Norris, Jeanette, Paula S. Nurius, and Thomas L. Graham. 1999. \u201cWhen a Date Changes from Fun to Dangerous.\u201d Violence Against Women 5(3): 230\u2013250. Ostrander, Curtis, and Joseph Schwartz. 1994. Crime at College: The Student Guide to Personal Safety. Ithaca, New York: New Strategist Publications. Page, Amy D. 2008. \u201cJudging Women and Defining Crime: Police Officers' Attitudes toward Women and Rape.\u201d Sociological Spectrum 28(4): 389\u2013411. Park, Jisun, Louis B. Schlesinger, Anthony J. Pinizzotto, and Edward F. Davis. 2008. \u201cSerial and Single\u2010Victim Rapists: Differences in Crime\u2010Scene Violence, Interpersonal Involvement, and Criminal Sophistication.\u201d Behavioral Sciences and the Law 26(2): 227\u2013237. Paul, Lisa A., Kate Walsh, Jenna L. McCauley, Kenneth J. Ruggiero, Heidi S. Resnick, and Dean G. Kilpatrick. 2013. \u201cCollege Women\u2019s Experiences with Rape Disclosure National Study.\u201d Violence Against Women 19(4): 486\u2013502. Parrot, Andrea, Nina Cummings, Timothy C. Marchell, and Jim Hofher. 1994 Rape Awareness and Prevention Model for Male Athletes.\u201d Journal of American College Health 42(4): 179\u2013184. Perkins, H. Wesley. 2002. \u201cSurveying the Damage Review of Research on Consequences of Alcohol Misuse in College Populations.\u201d Journal of Studies on Alcohol (Suppl. 14): 91\u2013100. Polaschek, Devon L. L., and Theresa A. Gannon. 2004. \u201cThe Implicit Theories of Rapists: What Convicted Offenders Tell Us.\u201d Sexual Abuse Journal of Research and Treatment 16(4): 299\u2013314. Polaschek, Devon L. L., and Tony Ward. 2002. \u201cThe Implicit Theories of Potential Rapists: What Our Questionnaires Tell Us.\u201d Aggression and Violent Behavior 7: 385\u2013406. Rumney, Philip N.S. 2006. \u201cFalse Allegations of Rape.\u201d Cambridge Law Journal 65(1): 128\u2013158. doi:10.1017/S0008197306007069. Ryan, Kathryn M. 2011. \u201cThe Relationship between Rape Myths and Sexual Scripts: The Social Construction of Rape.\u201d Sex Roles 65(11- 12): 774\u2013782. Sable, Marjorie R., Fran Danis, Denise L. Mauzy, and Sarah K. Gallagher. 2006. \u201cBarriers to Reporting Sexual Assault for Women and Men: Perspectives of College Students.\u201d Journal of American College Health 55(3): 157\u2013162. Sanday, Peggy R. 1996. \u201cRape-Prone Versus Rape-Free Campus Cultures.\u201d Violence Against Women 2(2): 191\u2013208. Schwartz, Martin D., and Victoria L. Pitts. 1995. \u201cExploring a Feminist Routine Activities Approach to Explaining Sexual Assault.\u201d Justice Quarterly 12: 9\u201331. Schwartz, Martin D., and Walter DeKeseredy. 1997. Sexual Assault on the College Campus: The Role of Male Peer Support. Thousand Oaks, California: Sage Publications. Schwartz, Martin D., Walter S. DeKeseredy, David Tait, and Shahid Alvi. 2001. \u201cMale Peer Support and a Feminist Routing Activities Theory: Understanding Sexual Assault on the College Campus.\u201d Justice Quarterly 18(3): 623\u2013649. Schwartz, Martin D., and Carol A. Nogrady. 1996. \u201cFraternity Membership, Rape Myths and Sexual Aggression on a College Campus.\u201d Violence Against Women 2(2): 148\u2013162. Senn, Charlene Y., Misha Eliasziw, Paula C. Barata, Wilfreda E. Thurston, Ian R. Newby-Clark, H. Lorraine Radtke, and Karen L. Hobden. 2015. \u201cEfficacy of a Sexual Assault Resistance Program for College Women.\u201d New England Journal of Medicine 372(24): 2326\u2013 2335. Sinozich, Sofi, and Lynn Langton. 2014. Rape and Sexual Assault Victimization among College-Age Females, 1995\u20132013. Special Report NCJ248471. Washington, DC: U.S. Department of Justice, Bureau of Justice Statistics. U.S. Department of Education. 2001. 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Colyer. 2010. \u201cRoofies, Mickies and Cautionary Tales: Examining the Persistence of the \u2018Date-Rape Drug\u2019 Crime Narrative.\u201d Deviant Behavior 31(4): 348\u2013379. Weitzman, Elissa, William DeJong, and Peter Finn. (n.d.). Alcohol and Acquaintance Rape: Strategies to Protect Yourself and Each Other. Newton, Massachusetts: Higher Education Center for Alcohol and Other Drug Prevention. Welch, Jan, and Fiona Mason. 2007. \u201cRape and Sexual Assault.\u201d British Medical Journal 334(7604): 1154\u20131158. Wolitzky-Taylor, Kate B., Heidi S. Resnick, Ananda B. Amstadter, Jenna L. McCauley, Kenneth J. Ruggiero, and Dean G. Kilpatrick. 2011. \u201cReporting Rape in a National Sample of College Women.\u201d Journal of American College Health 59(7): 582\u2013587. ( Yeater, Elizabeth A., and William O\u2019Donohue. 1999. \u201cSexual Assault Prevention Programs: Current Issues, Future Directions and the Potential Efficacy of Interventions with Women.\u201d Clinical Psychology Review 19(7): 739\u2013771. (/node/11283) (/node/11286) Contents & Links The Problem of Acquaintance Rape of College Students (/content/acquaintance-rape-college-students-2nd-ed) Understanding Your Local Problem (/content/acquaintance-rape-college-students-2nd-ed-page-2) Responses to the Problem of Acquaintance Rape of College Students (/content/acquaintance-rape-college-students-2nd-ed-page- 3) Appendix: Summary of Responses (/content/acquaintance-rape-college-students-2nd-ed-summary) Endnotes (/content/acquaintance-rape-college-students-2nd-ed-endnotes) References (/content/acquaintance-rape-college-students-2nd-ed-references) Related Projects (/content/acquaintance-rape-college-students-2nd-ed-related) ( Center for Problem-Oriented Policing (/) 2/22/25, 5:40 Acquaintance Rape of College Students, 2nd Ed. References Center for Problem-Oriented Policing 5/6 \uf082 ( Oriented-Policing/195945623569) \uf0e1 ( ProblemOriented-Policing-4001280) Copyright and Trademark ( Accessibility ( Privacy ( Terms of Use ( Emergency ( ( Center for Problem-Oriented Policing (/) 2/22/25, 5:40 Acquaintance Rape of College Students, 2nd Ed. References Center for Problem-Oriented Policing 6/6", "7217_102.pdf": "Fired criminology professor won't be coming to Jennifer Portman News Director Published 2:19 p.m March 4, 2015 Updated 9:21 a.m March 5, 2015 criminology professor fired last year by Arizona State University for having a romantic relationship with a student won't be coming to Florida State as planned. Thomas Blomberg, dean of FSU's College of Criminology and Criminal Justice, on Friday rescinded a visiting professor post offered to Travis Pratt, a day after the Tallahassee Democrat made inquiries about whether the university knew about the professor's past and why he was hired. Pratt, a widely published scholar whose research explores links been risky behaviors and crime, was dismissed from on Feb. 14, 2014, after administrators there found he violated the university's amorous-relationship policy by not disclosing a relationship with a graduate student he supervised, his dismissal documents show. His firing followed another allegation made by a different female graduate student, which in 2012 resulted in her filing a federal lawsuit that was settled before going to trial. Records show Pratt denied both allegations. In January, Blomberg offered and Pratt accepted a nine-month visiting faculty position at FSU. Contingent upon a criminal background check, Pratt's tenure was to start at in August for a salary of $105,000. On Thursday, the Democrat sent an email to Blomberg about the circumstances of Pratt's firing from and his role at FSU. The next day, Blomberg said he verbally told Pratt he would not be getting the job officials said a review of Pratt's background and credentials had been ongoing. \"Travis Pratt is not an employee of Florida State University and will not be,\" Blomberg wrote in an email response to the Democrat. \"His employment offer was contingent upon the 2/22/25, 5:40 Fired criminology professor won't be coming to 1/2 completion of a full background check. That review provided new information to the university that revealed a more complete account of his employment record and cause for termination at Arizona State University in 2014.\" Faculty-student relationships at are governed by the faculty's collective bargaining agreement. The current agreement, last updated in 2013, says sexual relationships between students and faculty members who directly supervise or evaluate them are \"fraught with the potential for exploitation.\" The policy requires that such relationships be disclosed to the faculty member's supervisor and any supervisory role of the faculty member to the student be severed. Pratt, who declined to comment, currently is a fellow at University of Cincinnati Corrections Institute. Institute Director Edward J. Latessa said fellows are consultants and others who work on funded projects, not employees. 2/22/25, 5:40 Fired criminology professor won't be coming to 2/2", "7217_103.pdf": "Faculty votes to restrict teacher-student dating Anne Ryman The Arizona Republic Published 10:00 p.m Jan. 26, 2015 \u2014 Arizona State University faculty voted Monday to revise a policy on dating between faculty and students, which might avoid more situations like Tasha Kunzi says she found herself in with a grad-school professor in 2010. Kunzi's course work suffered after she ended a \"personal relationship\" with the professor, she claimed in a lawsuit filed in federal court. He kept telephoning and texting her, according to the suit. He told colleagues in the School of Criminology and Criminal Justice about the relationship. The school assigned her clerical work, instead of research, and she found it \u00addifficult to complete her Ph.D. The \u00adharassment and retaliation forced her to withdraw from the doctoral program, she said. The professor, Travis Pratt, denied the lawsuit's allegations, as did the \u00adArizona Board of Regents and another party. Pratt and his attorney, Melissa Iyer Julian, declined to comment gave Pratt a written admonishment in 2012 after the allegations by Kunzi, records show. Last year, Pratt was dismissed on Valentine's Day after an alleged incident with another student. He was fired for violating the university's amorous-\u00adrelationship policy, according to dismissal documents obtained \u00adunder public-records \u00adrequest. ASU's policy required him to disclose the relationship and immediately remove himself from a position of academic authority over the student. Pratt denied having an amorous relationship with the unnamed student, according to university documents. Michael Crow Add Topic 2/22/25, 5:40 usatoday.com/story/news/nation/2015/01/26/faculty-votes-to-restrict-teacher-student-dating/22382637/ 1/6 Kunzi's federal lawsuit was settled out of court with Pratt, shortly after she asked the court to dismiss the regents and another party. The state paid Kunzi and her attorney $44,000 last year, according to records. Her allegations are among a series involving faculty-student relationships in recent years at ASU, including two recent alleged incidents at Barrett, the Honors College. Those incidents have led to an effort to strengthen the policies. On Monday, ASU's University Senate, which represents the faculty, voted on a proposal that will be more restrictive than the current policy, which now prohibits faculty from dating students in their classes or students they supervise or evaluate. The policy approved by the faculty senate will broaden the ban to include any students whom an instructor can \"reasonably be expected\" to have academic or employment authority over. This could apply to entire departments or schools within the university. The senate debated and asked questions for about 40 minutes before voting on the revision. It was approved 76-11. Four people abstained from a vote. The revision now goes to ASU's legal counsel for review and then to the administration for approval. The senate believes a ban on all faculty-student relationships would be too restrictive and difficult to enforce. The policy voted on Monday doesn't go that far. But it does warn faculty that, \"such relationships should therefore be avoided.\" ASU, in a statement, said the university's policies regarding faculty-staff relationships are \"inadequate as written. The faculty senate should be commended for taking steps to strengthen those policies to ensure that faculty members and lecturers have only professional relationships with students.\" Stephen Montoya, a Phoenix attorney who represented Kunzi in her lawsuit,called the revision a step in the right direction. But he said all students should be off-limits, unless the relationship started before the person enrolled at ASU. When professors date students, even if they are not in their class, \"it creates impressions of unfairness, and it's just not the right thing to do,\" he said. 2/22/25, 5:40 usatoday.com/story/news/nation/2015/01/26/faculty-votes-to-restrict-teacher-student-dating/22382637/ 2/6 \"There are plenty of adult women and adult men in the world. Go out with someone who is not a student, if you want to be a professor.\" Pitfalls of dating Dating between college professors and students is rife with downsides, said Billie Dziech, a university professor and author of the 1990 book The Lecherous Professor: Sexual Harassment on Campus. Young college students are away from home for the first time. They take more risks. They can be flattered when a professor takes an interest in them. But there's a huge imbalance of power that comes into play in a student-professor relationship, Dziech said. The student may get advantages not available to other students, such as better grades or recommendations for jobs or \u00adinternships. If the relationship goes bad, things can quickly sour. The student's reputation can be damaged if word gets out to other faculty. Graduate students may have the most to lose, Dziech said, because they rely on recommendations from professors to land teaching or research jobs. The professor also can end up in trouble. He or she can face sexual-harassment complaints or even lawsuits over the alleged behavior if trying to continue the relationship after it ends. University policy groups don't track how common it is for faculty to date students. Dziech said there's little research on the topic. Her theory is that higher education doesn't really want to know how often it goes on officials, in response to a public-records request from The Arizona Republic, said they couldn't provide numbers on how many faculty members had their contracts terminated or not renewed as a result of romantic or sexual relationships with students. \"We don't keep a running tally of such incidents,\" the statement said. At a faculty senate meeting last fall professor Cynthia Tompkins was asked by faculty what prompted the proposed University Senate revision. Tompkins chaired the committee that drafted the new policy. \"We can't share exact data,\" she told faculty members. \"About 20 people have been dismissed. Others were let go; they were lecturers. The problems range. You have some 2/22/25, 5:40 usatoday.com/story/news/nation/2015/01/26/faculty-votes-to-restrict-teacher-student-dating/22382637/ 3/6 happy events, people saying 'this is how met my wife and we've had a lovely 40 years together,' to events, which are happening right now, with unwanted pregnancies.\" Problems at Barrett, the Honors College Last May, the campus newspaper, The State Press, published a story about allegations of sexual misconduct involving instructors and students at Barrett, the Honors College. The story detailed students who complained about faculty behavior and their concerns that the university's response fell short. The story came a month after a blog posted by an advocacy group that was started by a former student, Sun Devils Against Sexual Assault, carried similar allegations. In July, the group's founder, Jasmine Lester, filed a complaint with the U.S. Department of Education on behalf of herself and a group of current and former students, asking the agency to expand a federal investigation already underway into how the university handles complaints of sexual \u00adassault or harassment. Lester asked the agency to look into how \u00ad- responds to sexual harassment involving faculty and students. Two of the instructors named in her complaint no longer teach at Barrett. The university did not provide a reason for their non-renewals in letters sent to the instructors or redacted the reason before releasing the information to The Republic President Michael Crow told The State Press editorial board in December 2013 that takes allegations against professors in relationships with students seriously. \"So there have been professors in relationships with students and when we find out about it, they are all fired,\" Crow was quoted as saying. \"So that's the sanction and so the sanction is very harsh.\" Crow added the allegation has to be proven. \"You have to find out that it's true,\" he was quoted as saying. Other policies Universities deal with faculty-student relationships in one of three ways handful prohibit all relationships. Yale University bans teachers from having sexual or romantic relationships with any undergraduate students. Some colleges discourage relationships, but don't ban them. 2/22/25, 5:40 usatoday.com/story/news/nation/2015/01/26/faculty-votes-to-restrict-teacher-student-dating/22382637/ 4/6 Far more common are policies, like ASU's, with limited bans. The other two state universities, University of Arizona and Northern Arizona University, have policies that are similar to ASU's. Allison Vaillancourt, the UA's vice president of human resources, said there hasn't been a push at the to change the policy, which has been in place since 2007. She said a more restrictive policy, such as banning all relationships, wouldn't work well. \"We have students who are 18 and students who are 60 years old. Where's the cutoff? We respect people are adults here and, just like any other workplace, we want to have policies that promote good discretion and good decision making. An overly broad policy don't think, would be respectful.\" ASU's faculty senate last fall rejected a proposal that would have banned romantic relationships between faculty and all students, unless the faculty member received an exception from the provost. Faculty said such a policy would be too broad. They questioned what impact reporting a relationship with a student to the provost would have on an individual's career, such as efforts to get tenure. The faculty senate rejected the proposal, 62-20. Hugh Barnaby, an \u00adassociate professor in engineering, opposed the change don't believe in it myself (dating students),\" Barnaby said in an interview with The Republic. \"But can imagine a circumstance where there is a female nursing student and math professor, and they are both mature enough to make decisions about their own relationship.\" Current policy: \"Faculty members and graduate students with teaching responsibilities shall not have an amorous relationship with any student who is currently enrolled in a course being taught by the faculty member or graduate assistant or whose performance is currently being supervised or evaluated by the faculty member or graduate student.\" Revised policy approved by faculty: 2/22/25, 5:40 usatoday.com/story/news/nation/2015/01/26/faculty-votes-to-restrict-teacher-student-dating/22382637/ 5/6 \"Faculty and academic professionals are prohibited from engaging in a romantic or sexual relationship with a student over whom the faculty member or academic professional exercises, or can reasonably be expected to exercise, academic or employment authority or influence. Such authority or influence includes, but is not limited to, employment-related decisions such as hiring, evaluation or discipline, and academic-related decisions such as grading, transfers, evaluations, formal mentoring or advising, supervision of research, employment of a student as a research or teaching assistant, exercising substantial responsibility for honors or degrees, or considering academic disciplinary action involving the student.\" Source University Senate 2/22/25, 5:40 usatoday.com/story/news/nation/2015/01/26/faculty-votes-to-restrict-teacher-student-dating/22382637/ 6/6", "7217_104.pdf": "From Casetext: Smarter Legal Research Kunzi v. Ariz. Bd. of Regents Nov 25, 2013 No. CV-12-02327 (D. Ariz. Nov. 25, 2013) Copy Citation Download Check Treatment Meet CoCounsel, pioneering that\u2019s secure, reliable, and trained for the law. Try CoCounsel free No. CV-12-02327 11-25-2013 Tasha Kunzi, Plaintiff, v. Arizona Board of Regents, an Arizona public entity, Scott H. Decker, and Travis Pratt, Defendants. James A. Teilborg Sign In Search all cases and statutes... Opinion Case details 2/22/25, 5:41 Kunzi v. Ariz. Bd. of Regents, No. CV-12-02327 \| Casetext Search + Citator 1/9 Pending before the Court is Arizona Board of Regents', Scott H. Decker's, and Travis Pratt's (collectively, \"ABR\") Motion for Partial Judgment on the Pleadings under Federal Rule of Civil Procedure 12(c). (Doc. 35). I. Background Plaintiff Tasha Kunzi (\"Kunzi\") has alleged that engaged in sexual harassment, discrimination, and retaliation against her while she was enrolled in two separate doctoral programs at Arizona State University (\"ASU\"). (See Doc. 33). Kunzi alleges the following facts in her Amended Complaint. In April 2009, Kunzi began a romantic relationship with Dr. Travis Pratt, a professor in ASU's School of Criminology and Criminal Justice (the \"SCCJ\"). Id. at 3. In July 2009, Kunzi moved to Arizona to attend as a doctoral student in the SCCJ. Id. Kunzi was then employed by the school as a Research Assistant and Faculty Associate. Id. at 3-4. In February 2010, Kunzi ended her relationship with Dr. Pratt. Id. at 4. Dr. Pratt 2 then began to harass and retaliate against Kunzi. Id. Further, other professors in the refused to meaningfully work with Kunzi, including Dr. Scott Decker, the director of the SCCJ. Id. at 5. For example, Dr. Decker started to assign Kunzi clerical work, instead of the research projects she was previously assigned. Id. As a result of this harassment and retaliation, Kunzi withdrew from the doctoral program on July 29, 2010, and enrolled in a different doctoral program at ASU. Id. Kunzi remained employed as a Faculty Associate in the despite this withdrawal. Id. at 5-6. Dr. Decker and Dr. Pratt continued to retaliate against Kunzi by revealing Kunzi's relationship with Dr. Pratt to third parties. Id. at 6. 2 In November 2010, Kunzi complained about Dr. Pratt's actions and Dr. Decker's failure to stop Dr. Pratt to the Assistant Dean of Students and the Associate Dean of the College of Public Programs at ASU. Id. But the administration failed to stop Dr. Pratt's harassment. Id. In December 2010, Kunzi confronted Dr. Pratt about the harassment. Id. Dr. Pratt informed Kunzi that he could ruin her career, but, if she took him back, the harassment would stop. Id. at 6-7. 2/22/25, 5:41 Kunzi v. Ariz. Bd. of Regents, No. CV-12-02327 \| Casetext Search + Citator 2/9 In May 2011, Kunzi left both her job as a Faculty Associate and her new doctoral program as a result of this harassment. Id. at 8. But Dr. Pratt continued to harass Kunzi by repeatedly contacting Kunzi and calling her new employer to reveal the details of Kunzi's departure from ASU. Id. Finally, in spring of 2012, Dr. Pratt and Dr. Decker discriminated against Kunzi's new husband by unfairly grading his comprehensive doctoral examination. Id. Despite Dr. Pratt's and Dr. Decker's actions, Dr. Pratt and Dr. Decker are still employed by ASU. Id. at 9. Further, Dr. Pratt is presently involved in another intimate relationship with one of his female graduate students, and is continuing to harass his other female students. Id. Kunzi alleges that conduct described in her Amended Complaint violates her rights under 42 U.S.C. \u00a7 1983 (\"Section 1983\"); Title of the Civil Rights Act of 1964, 42 U.S.C. \u00a7 2000e (\"Title VII\"); and Title of the Education Amendments of 3 1972, 20 U.S.C. \u00a7 1681(a) (\"Title IX\"). Id. at 10 now contends that portions of Kunzi's complaint are time barred either by the applicable statute of limitations or by Title VII's Equal Employment Opportunity Commission (the \"EEOC\") timely complaint requirement. (See Doc. 35). 3 II. Legal Standard motion for judgment on the pleadings pursuant to Federal Rule of Civil Procedure (\"Rule\") 12(c) \"is properly granted when, taking all the allegations in the pleadings as true, the moving party is entitled to judgment as a matter of law.\" Nelson v. City of Irvine, 143 F.3d 1196, 1200 (9th Cir. 1998). In other words, dismissal pursuant to Rule 12(c) is inappropriate in circumstances in which, if the facts were as pleaded, they would entitle the plaintiff to a remedy. Merchants Home Delivery Serv., Inc. v. Hall & Co., 50 F.3d 1486, 1488 (9th Cir. 1995). In particular, when a defendant is asserting that a plaintiff's claim is time barred, the untimeliness must clearly appear on the face of the complaint. See Supermail Cargo, Inc. v. United States, 68 F.3d 1204, 1206-07 (9th Cir. 1995 motion to dismiss based on the running of the statute of limitations period may be granted only 'if the assertions of the complaint, read with the required liberality, would not permit the plaintiff to prove that the statute was tolled.'\" (quoting Jablon v. Dean Witter & Co., 614 F.2d 677, 682 (9th Cir. 1980))). 2/22/25, 5:41 Kunzi v. Ariz. Bd. of Regents, No. CV-12-02327 \| Casetext Search + Citator 3/9 III. Analysis As already explained believes that portions of Kunzi's claims are time barred. In particular alleges that A.R.S. \u00a7 12-542, Arizona's two-year statute of limitations for personal injury claims, applies to Kunzi's claims under Section 1983 and Title IX. (Doc. 35 at 2). Applying this statute concludes that any Section 1983 or Title claims \"that occurred before October 30, 2010 are time barred.\" Id. Turning to Kunzi's Title claim contends that a Title plaintiff must exhaust administrative remedies by filing a timely charge with the EEOC. Id. at 3. To file a timely charge, a plaintiff must file within three hundred days of the alleged discriminatory conduct. Id. This timely filing requirement is treated as a statute of 4 limitations. Id. Applying the filing requirement concludes that Kunzi is barred from raising any claims arising out of \"any discrete or retaliatory acts that occurred before November 13, 2010.\" Id. 4 In response, Kunzi does not question ABR's proposed statute of limitations or ABR's calculation of the critical dates. Instead, Kunzi asserts that it is not apparent on the face of the complaint that Kunzi's claims are untimely because her claims are timely under the \"continuing violation\" theory explained in Anderson v. Reno, 190 F.3d 930, 936 (9th Cir. 1989). (Doc. at 4). In reply contends that the Supreme Court's decision in National Railroad Passenger Corp. v. Morgan, 536 U.S. 101, 113-14 (2002), invalidated the portion of the continuing violation theory relied on by Kunzi. (Doc. 41 at 2). Without the continuing violation theory of Anderson again asserts that Kunzi's claims are partially time barred. A. The Critical Dates for Timely Filing As an initial matter, the Court concludes that correctly identified the applicable statute of limitations and correctly identified the critical date for Kunzi's claims under Section 1983 and Title IX. Neither Title nor Section 1983 explicitly provides a statute of limitations. Accordingly, the Court will apply the most applicable state statute of limitations, the statute of limitations for personal injury. See Stanley v. Trs. of Cal. State Univ., 433 F.3d 2/22/25, 5:41 Kunzi v. Ariz. Bd. of Regents, No. CV-12-02327 \| Casetext Search + Citator 4/9 1129, 1134 (9th Cir. 2006) (applying a state personal injury statute of limitations to Title claims); Pouncil v. Tilton, 704 F.3d 558, 573 (9th Cir. 2012) (applying a state personal injury statute of limitations to Section 1983 claims). In Arizona, the personal injury statute of limitations period is two years from the date the cause of action accrues. See A.R.S. \u00a7 12-542. As Kunzi filed her Complaint on October 30, 2012, the critical date for Kunzi's Section 1983 and Title claims is October 30, 2010. (See Doc. 1). Turning to Kunzi's Title claims, the Court similarly concludes that correctly identified the critical date. In order to bring a Title claim, a plaintiff must 5 first exhaust his or her administrative remedies by filing a timely charge with the EEOC. Vasquez v. Cnty. of Los Angeles, 349 F.3d 634, 644 (9th Cir. 2003). In this case, the charge must have been filed within three hundred days to be considered timely. See 24 U.S.C. \u00a7 2000e-5(e)(1). The timely filing requirement is treated as a statute of limitations. Pejic v. Hughes Helicopters, Inc., 840 F.2d 667, 675 (9th Cir. 1998). Kunzi filed her charge on September 9, 2011. (Doc. 33, Exh. A). Thus, the critical date for Kunzi's Title claims is November 13, 2010. 5 B. The Continuing Violation Theory and National Railroad Passenger Corporation v. Morgan contends that the portion of the continuing violation theory relied on by Kunzi was overruled by the Supreme Court's holding in Morgan. (Doc. 41 at 2). Thus, the Court turns to an examination of Morgan. In Morgan, the Supreme Court addressed the continuing violation theory in the context of Title claims. Morgan, 536 U.S. at 107. The Supreme Court noted that the Ninth Circuit permitted a plaintiff to establish a continuing violation either by showing: (1) a \"serial violation,\" where \"the alleged acts of discrimination occurring prior to the limitations period are sufficiently related to those occurring within the limitations period,\" or (2) a \"systemic violation\" resulting from a \"systemic policy or practice of discrimination that operated, in part, within the limitations period.\" Id. (quoting Morgan v. Nat'l R.R. Passenger Corp., 232 F.3d 1008, 1015-16 (9th Cir. 2000)). The Supreme Court then rejected the \"serial violation\" basis for a continuing violation claim. Morgan, 536 U.S. at 113. The Supreme Court concluded that 1 2/22/25, 5:41 Kunzi v. Ariz. Bd. of Regents, No. CV-12-02327 \| Casetext Search + Citator 5/9 \"discrete discriminatory acts are not actionable if time barred, even when they are related to acts alleged in timely filed charges.\" Id. 1 Although Morgan explicitly addressed only Title claims, Morgan has since been applied to Section 1983 and Title claims. See Ventures, Inc. v. City of Seattle, 307 F.3d 1045, 1050 (9th Cir. 2002) (applying Morgan to Section 1983 claims); Stanley, 433 F.3d at 1136 (applying Morgan to Title claims). Continuing in their analysis, however, the Supreme Court differentiated between 6 \"discrete discriminatory acts\" and \"hostile environment claims.\" Id. at 115. Addressing hostile environment claims, the Supreme Court explained that \"[p]rovided an act contributing to the claim occurs within the filing period, the entire time period of the hostile environment may be considered by a court for the purposes of determining liability.\" Id. at 117. Although the Supreme Court did not explicitly tie hostile environment claims to systemic violations, the Ninth Circuit has concluded that \"Morgan left undisturbed our case law governing continuing systemic violations.\" Mansourian v. Regents of Univ. of Cal., 602 F.3d 957, 974 n.22 (9th Cir. 2010) 6 C. Applying Morgan to Kunzi's Complaint Under Morgan, Kunzi \"has adequately pled an ongoing claim if she can show a systematic policy or practice that operated, in part, within the limitations period-a systematic violation.\" Id. at 973-74 (internal citations and quotations omitted). If Kunzi is only alleging discrete acts, however, discrete acts that occurred before the critical dates identified are time barred. See Morgan, 536 U.S. at 107. Kunzi's complaint does not explicitly reveal which theory she is relying on. (See Doc. 33 at 10). But, the Court may grant a motion under Rule 12(c) based on the statute of limitations period only if the assertions of the complaint, read with the required liberality, would not permit the plaintiff to prove a systemic violation. See Supermail Cargo, Inc., 68 F.3d at 1206-07 (reversing a Rule 12(c) dismissal because the facts alleged in the complaint may allow the plaintiff to prove that the statute of limitations should be equitably tolled). Reading Kunzi's complaint with the required liberality, the Court cannot conclude that the facts alleged would not permit Kunzi to prove a systemic 2/22/25, 5:41 Kunzi v. Ariz. Bd. of Regents, No. CV-12-02327 \| Casetext Search + Citator 6/9 violation. Under Title and Title VII, a plaintiff can prove a hostile work environment due to sexual harassment by showing: \"(1) she was subject to verbal or physical conduct because of her sex; (2) the conduct was unwelcome; and (3) the conduct was severe or pervasive enough that it altered the conditions of her employment and created an abusive work environment.\" Stanley, 433 F.3d at 1137 (applying this standard to Title claims). See also Westendorf v. W. Coast Contractors of Nev., Inc., 712 F.3d 417, 421 (9th Cir. 2013) 7 (applying this standard to Title claims). 7 In her complaint, Kunzi alleges consistent sexual harassment by Dr. Pratt from February 2010 to spring of 2012, including a December 2010 statement that the harassment would stop if she agreed to have a relationship with Dr. Pratt. Further, she alleges that the administration failed to correct Dr. Pratt throughout this period. Finally, she alleges that Dr. Pratt's sexual harassment of female students continues to this day. The result of this discrimination was that Kunzi resigned from one doctoral program, received less meaningful work than she previously had, and eventually quit her job and withdrew from the university. Further, Kunzi alleges that this harassment caused her husband to fail his doctoral examination. 2 2 attempts to draw a distinction between Kunzi's withdrawal from the and Kunzi's latter withdrawal from a different doctoral program. (Doc. 41 at 6 then argues that Kunzi's withdrawal from the is insufficiently connected to her later withdrawal to allow both withdrawals to be encompassed by one hostile work environment claim. Id. The Court sees no principled reason to make this distinction because both withdrawals were allegedly caused by the same underlying harassment, both doctoral programs were at ASU, and Kunzi was employed by the as a Faculty Associate during the entire period. These allegations sufficiently plead facts that qualify as a hostile work environment where at least one discriminatory act occurred after the critical dates of October 30, 2010, and November 13, 2010. Further, these facts are sufficient to show a systemic violation under Section 1983. See Mansourian, 602 F.3d at 973-74. Accordingly, the Court will deny ABR's Motion for Partial Judgment on the Pleadings. *8 3 8 2/22/25, 5:41 Kunzi v. Ariz. Bd. of Regents, No. CV-12-02327 \| Casetext Search + Citator 7/9 3 appears to argue that Kunzi fails to allege a systemic violation because she failed to allege the requirements of a pattern-or-practice claim. (Doc. 41 at 2 n.2 relies on Cherosky v. Henderson, 330 F.3d 1243, 1247 (9th Cir. 2003), for this argument. (Doc. 41 at 2 n.2). Cherosky, however, distinguishes between systemic violations, which require at least one act within the statute of limitations period, and practice-or-pattern claims, which require no acts within the limitations period. See Cherosky, 330 F.3d at 1246-47 (distinguishing hostile work environment claims from practice-or-pattern claims Based on the foregoing that ABR's Motion for Partial Judgment on the Pleadings (Doc. 35) is denied. ________________ James A. Teilborg Senior United States District Judge About us Jobs News Twitter Facebook LinkedIn Instagram Help articles 2/22/25, 5:41 Kunzi v. Ariz. Bd. of Regents, No. CV-12-02327 \| Casetext Search + Citator 8/9 Customer support Contact sales Cookie Settings Do Not Sell or Share My Personal Information/Limit the Use of My Sensitive Personal Information Privacy Terms \u00a9 2024 Casetext Inc. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 2/22/25, 5:41 Kunzi v. Ariz. Bd. of Regents, No. CV-12-02327 \| Casetext Search + Citator 9/9"}
7,859	Jane Gallop	University of Wisconsin ‚Äì Madison	[ "7859_101.pdf", "7859_102.pdf", "7859_103.pdf", "7859_104.pdf", "7859_105.pdf" ]	{"7859_101.pdf": "\ue921 Show Path \ue921 \ue923Sex Work and Sex Workers ( ( Policies Next Chapter\ue924 (chapters/edit/10.4324/9781351306683-17/sexual-turmoil-roberto-hugh-potter?context=ubx) Chapter \ue923Previous Chapter (chapters/edit/10.4324/9781351306683-15/say-sexual-harassment-roberto-refinetti?context=ubx) By Valerie Jenness (/search?contributorName=Valerie Jenness&contributorRole=author&redirectFromPDP=true&context=ubx) Book Sex Work and Sex Workers ( 97af-0fb5d9791a03&context=ubx) Share Feminism, Sexual Harassment, and the Atypical Case 1 Edition 1st Edition First Published 1999 Imprint Routledge Pages 10 eBook 9781351306683 2/22/25, 5:41 Feminism, Sexual Harassment, and the Atypical Case 1/2 \ue921 \ue921 \ue921 Journals Corporate Help & Contact Connect with us \ue91a ( &-francis-group/) ( lang=en) \ue900 ( \ue902 ( Registered in England & Wales No. 3099067 5 Howick Place \| London \| SW1P 1WG \u00a9 2025 Informa Limited \ue91c 2/22/25, 5:41 Feminism, Sexual Harassment, and the Atypical Case 2/2", "7859_102.pdf": "Jane Gallop is Distinguished Professor of English and Comparative Literature at the University of Wisconsin \u2014 Milwaukee, where she has taught since 1990. Before that, she was Herbert S. Autrey Professor of Humanities at Rice University, where she founded the Women\u2019s Studies program. At the beginning of her career, she taught in the French Department at Miami University in Ohio (she earned a PhD in French Literature in 1976). She is the author of nine books, and nearly a hundred articles. She has written on a wide range of topics: psychoanalysis, especially the work of Jacques Lacan; French feminism; psychoanalysis and feminism; the Marquis de Sade; feminist literary criticism; pedagogy; sexual harassment; photography; queer theory; close reading. While the topics vary, her writing can be understood as the consistent application of a close reading method to theoretical texts. She has been teaching this close reading of theory to her students for the past 40 years. News Jane Gallop\u2019s new book project has received a contract with Duke University Press and has a tentative publication date of 2018. Jane Gallop has three scheduled talks in 2017, which will be focused on her current book in progress: Click here to view Most Recent Book The Deaths of the Author: Reading and Writing in Time Duke University Press, 2011 Home Current Book Project \u201cI\u2019m currently working on a book on adult-onset disability, middle-aging, and sexuality. The project brings together crip theory, feminist aging studies, queer temporality, psychoanalysis, and anecdotal theory consider how disability that begins in midlife and/or the entrance to middle age are lived as a threat to one\u2019s sexuality and one\u2019s gender, but also how these perspectives can supply us with alternative models of sexual temporality. This book in progress is contracted with Duke University Press and hopes to see the light of day by 2018.\u201d \u2013Jane Gallop Distinguished Professor Jane Gallop 2/22/25, 5:41 Jane Gallop \| Distinguished Professor 1/2 Jane Gallop\u2019s contribution to the Age and/as Disability forum for Age, Culture, Humanities, titled \u201cThe View from Queer Theory,\u201d has been published in print and online, and is available here. Jane Gallop has recently published an article in Feminist Formations: \u201cThe Twentieth-Century Orgasm,\u201d Feminist Formations, vol 28, no. 2 (summer 2016) {pp. 139-142]. Jane Gallop\u2019s book chapter, \u201cThe Work of Writing\u201d was published in the edited collection The Future of Scholarly Writing, edited by Angelika Bammer and Ruth-Ellen Boetcher Joeres, Palgrave Macmillan, 2015, pp. 29-39. Jane Gallop delivered two talks in 2016 on her current book project at the University of Western Ontario and Wellesley College. Click here to view. Gallop visited Turkey in November 2014 following the publication of the Turkish translation of Feminist Accused of Sexual Harassment, Cinsel Tacizle Su\u00e7lanan Feminist (Dipnot Yayinlari, 2013). The Turkish edition translated by Alev \u00d6zkazan\u00e7 includes a new introduction by Gallop. 2/22/25, 5:41 Jane Gallop \| Distinguished Professor 2/2", "7859_103.pdf": "Sex and the Feminist Professor: Jane Gallop, Sexual Harassment and Pedagogy \uf060 \uf019 2/22/25, 5:41 View of Sex and the Feminist Professor: Jane Gallop, Sexual Harassment and Pedagogy 1/1", "7859_104.pdf": "Home / Books / Feminist Accused of Sexual Harassment Feminist Accused of Sexual Harassment Public Planet Books More about this series \uf138 Book Pages: 112 Published: May 1997 Author: Jane Gallop Subjects Pedagogy and Higher Education, Gender and Sexuality > Feminism and Women\u2019s Studies \uf002\uf07a\uf0c9 2/22/25, 5:41 Feminist Accused of Sexual Harassment 1/5 Sexual harassment is an issue in which feminists are usually thought to be on the plaintiff\u2019s side. But in 1993\u2014amid considerable attention from the national academic community\u2014Jane Gallop, a prominent feminist professor of literature, was accused of sexual harassment by two of her women graduate students. In Feminist Accused of Sexual Harassment, Gallop tells the story of how and why she was charged with sexual harassment and what resulted from the accusations. Weaving together memoir and theoretical reflections, Gallop uses her dramatic personal experience to offer a vivid analysis of current trends in sexual harassment policy and to pose difficult questions regarding teaching and sex, feminism and knowledge. Comparing \u201cstill new\u201d feminism\u2014as she first encountered it in the early 1970s\u2014with the more\u2026 View More \uf107 Praise \u201c[One] admire[s] Gallop\u2019s cleverness, her lively writing, and her willingness to make a spectacle of herself: most academics would rather be dull.\u201d - Emily Toth, Appalachian Journal provocative book . . . in which Gallop offers her own account of the experience and then theorizes the implications of what is, for her, a new and repressive code of conduct between professors and students that is sweeping American college campuses.\u201d - Jeffrey Berman, Psychoanalytic Books testament to the prod that unpleasantness can provide to a restless spirit. The new repression can only spur the irrepressible Gallop to new audacities.\u201d - Janet Malcolm, New York Review of Books Paper Hardcover Availability: In stock Price: $28.95 1 Buy the e-book: Amazon Kindle 2/22/25, 5:41 Feminist Accused of Sexual Harassment 2/5 Apple iBooks Barnes & Noble nook Kobo \uf138 Information Author/Editor Bios Rights Awards Additional Information Author/Editor Bios Back to Top Jane Gallop is Distinguished Professor of English and Comparative Literature at the University of Wisconsin at Milwaukee. She is the author of numerous books, including Thinking Through the Body, The Daughter\u2019s Seduction, and Around 1981: Academic Feminist Literary Theory. Rights Back to Top Sales/Territorial Rights: World Rights and licensing Additional Information Back to Top Paper ISBN: 978-0-8223-1918-4 / Hardcover ISBN: 978-0-8223-1925-2 / eISBN: 978-0-8223-9674- 1 / DOI: Publicity material (www) Bk Cover Image Full 2/22/25, 5:41 Feminist Accused of Sexual Harassment 3/5 905 W. Main St. Ste 18 Durham 27701 (888) 651-0122 +1 (919) 688-5134 [email protected] Advertisers Agents and Vendors Book Authors Booksellers and Review Copies Customers Educators Journal Authors and Editors Librarians and Consortia Licensing and Subsidiary Rights Mathematics Authors and Editors Prospective Journals Scholarly Publishing Collective Societies View Open Positions \uf1eaJoin Our Mailing List \uf038Recent Catalogs \uf09a\ue61b\uf167\uf16d\uf0d2 2/22/25, 5:41 Feminist Accused of Sexual Harassment 4/5 \u00a9 2024 Duke University Press. All Rights Reserved. Legal Accessibility Privacy 2/22/25, 5:41 Feminist Accused of Sexual Harassment 5/5", "7859_105.pdf": "Professors Accused of Sexual Harassment Speak Out Posted on December 31, 2017 by Talis Shelbourne \u201cZealous to exclude the sexual from the pedagogical, many believe teacher-student relations should be neither social nor personal. Although can see that a \u2018strictly business\u2019 approach is probably the best way to guard against the sexual envision an enormous pedagogical loss from prohibiting interaction with the student as a person . . . While recognized the recently understood dangers of such liaisons was nonetheless concerned that an entire stretch of experience was being denied, consigned to silence.\u201d Distinguished Professor Jane Gallop wrote those words in a 1994 essay titled \u201cSex and Sexism: Feminism and Harassment Policy,\u201d in which she argued that being unable to sleep with one\u2019s teacher represented, as she put it, a \u201closs.\u201d 2/22/25, 5:41 Jane Gallop & Stephen Samerjan: Professors Accused of Sexual Harassment Speak 1/26 Jane Gallop in 2017. Photo by Talis Shelbourne Gallop was accused of sexually harassing a graduate advisee after publicly kissing her in a crowded bar. She later used the incident to gather a conference in which she proposed the topic of whether consensual sex could rightly be considered sexual harassment, a topic which backlash forced her to change. She currently remains on campus, advising and overseeing graduate students. Yet Gallop was not the only professor to receive considerable scrutiny for her extracurricular student interactions back in what was a tense era at UW- Milwaukee. (Click here for the results of a detailed investigation into sexual harassment on UWM\u2019s campus today.) 2/22/25, 5:41 Jane Gallop & Stephen Samerjan: Professors Accused of Sexual Harassment Speak 2/26 Current Emeritus Professor Stephen Samerjan, who served as the Chair of UWM\u2019s Art Department from 1989-1990, was suspended and forced to step down following accusations of sexual harassment by a student in his class named Christine Ruh. Describing himself as a man of his time, Samerjan said, \u201cWe all have an interest in making the policies clearer. The policy has changed and it\u2019s all for the good that can see.\u201d Both Gallop and Samerjan are in an especially unique position to assess an impending UW-Milwaukee policy change which would ban professor-student relationships from developing: their salacious cases of sexual harassment accusations provoked serious outcries from their accusers and made national headlines. However as their lives have continued, one accuser in particular was materially, psychologically and academically damaged. \u201cIt all sucks,\u201d said Ruh, the student who accused Samerjan of sexually harassment and sued him in district court lost everything ever owned.\u201d In the aftermath of her denied suit, Ruh lost funding and faith in the university, eventually dropping out of school. \u201cAll these people are online talking about how they can\u2019t understand why people don\u2019t come forward,\u201d she said bitterly. \u201cThis is why. This is dangerous.\u201d The proposed University of Wisconsin-Milwaukee policy change which threatens to ban the development of professor-student relationships (and supervisor- 2/22/25, 5:41 Jane Gallop & Stephen Samerjan: Professors Accused of Sexual Harassment Speak 3/26 subordinate relationships) is very different from the previous policy which declared that such relationships could not be regulated and only required they be (1) disclosed to the dean and (2) without conflicts of interest from elements like grading. The Academic Staff Senate passed the provision unanimously, yet the Academic Faculty Senate and its overseeing body, the University Committee, has made a number of revisions regarding terms of confidentiality, resulting in the proposal being held in limbo. The proposed policy has highlighted the university\u2019s troublesome history of sexual harassment complaints and perhaps even exemplified the need for a change. Jane Gallop If Socratesian pedanticism were somehow \u2013 pardon the pun \u2013 inserted into a second-wave (self-proclaimed) feminist sex revolutionary, the result would be Jane Gallop. Socratesian because her style of teaching embraces a pedagogical bravado bordering on narcissism \u2013 it\u2019s no coincidence that this photo of her was taken as she was braced in a classic Socratic pose, such as the one portrayed in Raphael\u2019s School of Athens: eyes wide, mouth open, one finger poised critically towards the sky. Self-proclaimed because although feminism is generally defined by an underlying advocacy for equal gender treatment, Gallop solely ascribed the status of sexual 2/22/25, 5:41 Jane Gallop & Stephen Samerjan: Professors Accused of Sexual Harassment Speak 4/26 harassment victims to women in her 1994 essay, while primarily attributing the role of harasser to men. And the smile? Jane just loves to teach. When Jane Gallop joined as a professor, the university\u2019s policy on student-professor relationships was that such relationships required (1) disclosure to the dean and (2) a removal of conflict of interest from parameters such as grading. In many of her works, Gallop said she welcomed that policy. However, she doesn\u2019t agree with banning relationships based on category. Such bans, she said, are problematic because professor- student relationships develop at different points and often exist before the professor-student relationship becomes relevant. For example, Gallop said that she graded assignments for a couple who had been together before one member decided to attend school and became the student of their partner, a professor. She even pointed out how faculty in the English department are married believe that the possibility of professor-student relationships is good,\u201d Gallop said. \u201cIt\u2019s probably ill-advised that a 19 year-old should date anyone 2-15 years older than them, but sometimes, it works.\u201d But most times, according to Billie Wright Dziech, it doesn\u2019t. Billie Dziech is a University of Cincinnati professor of English and Comparative Literature who has occasionally 2/22/25, 5:41 Jane Gallop & Stephen Samerjan: Professors Accused of Sexual Harassment Speak 5/26 Photo: Amazon.com lent her expertise on professor-student relationships to cases around the country. In 1984, she wrote a book called \u201cThe Lecherous Professor,\u201d in which she discussed sexual harassment on college campuses and ways to prevent it from occurring. In her interview, she pointed to a culmination of modern science, personal experience, and statistics as the reason for her support of the proposed measure, citing four specific reasons. The power differential, students\u2019 psychological immaturity and vulnerability, the weight of professorial ranks, and the effect on students who are not romantically involved are all negative effects of allowing professor-student relationships to occur. \u201cNumber one think it\u2019s a bad idea because there\u2019s a power issue involved,\u201d Dziech explained. Dziech said she wrote the book in response to the influx of students who would come to her office, seeking guidance. Dziech said the power differential is compounded when graduate students become involved with professors for several reasons. Along with outside observers\u2019 implicit assumption that two adults closer in age have equal status, that scenario also doesn\u2019t recognize how sexual advisee-mentor relationships can be affected even when grading is removed. 2/22/25, 5:41 Jane Gallop & Stephen Samerjan: Professors Accused of Sexual Harassment Speak 6/26 think we have to remember that it\u2019s not only professors who have power over students, but it\u2019s also [their] friends and students can\u2019t know that,\u201d Dziech explained. \u201cIf got a dollar for every time have read a deposition with faculty members who were friends of professors who had been involved with students would be a millionaire every time heard them say don\u2019t recall\u2019 or don\u2019t remember.\u2019 That\u2019s just a fact.\u201d In addition to the challenges faced by other faculty members\u2019 conspiratorial behavior, access to recommendations, labs and equipment, grant funding, and general mentorship can be impacted when professor- graduate student relationships turn from platonic to romantic and especially when they go in the reverse direction still think the power issue is there and think that it\u2019s probably even more serious because what happens if the relationship goes sour? What happens because that kid, young woman or young man, still needs the recommendation?\u201d She asked. Sometimes, those students doesn\u2019t get them; Gallop\u2019s other complainant accused Gallop of withholding two of three recommendations as part of her sexual harassment claim. The complainant, a graduate student, said that although she wasn\u2019t sexually involved with Gallop, she felt a certain sexual tension and then a sudden drop in interest when their relationship remained professional. The student certainly could have been Gallop\u2019s type: at one point, according to an article by Lingua Franca, Gallop stood up during a graduate conference on gay and lesbian 2/22/25, 5:41 Jane Gallop & Stephen Samerjan: Professors Accused of Sexual Harassment Speak 7/26 studies in 1991 and joked that graduate students \u201cmight\u201d be considered her sexual preference. Christine Ruh later spoke with Gallop\u2019s now deceased accuser Dana Beckelman on the phone. Gallop has certainly excelled at being verbally outrageous and provocative; in her remarks at the graduate conference, she specifically compared the authority differential between teachers and graduate students to the same-sex status among gays and lesbians, arguing that banning sexual relationships only drives them underground as it did for gays and lesbians. In Gallop\u2019s \u201cSex and Sexism\u201d essay, she betrayed a starkly sex-obsessed view of \u201cthe personal,\u201d a feminist method of taking an entire person into account when teaching instead of merely observing students as an empty vessel. Instead, she argued that removing the potential for sex between students and professors in pedagogical relationships removes \u201cthe personal\u201d in its entirety. Furthermore, she wrote, \u201c[I] believe that denying women the right to consent further infantilizes us, denies us our full humanity.\u201d To be clear, the proposed policy only references professors and students as categories, not genders. Still, Gallop\u2019s position hasn\u2019t changed. \u201cThe way to deal with it is not to outlaw it,\u201d she said, frown lines of disapproval deepening across her face. \u201cI\u2019m concerned when [administrators] treat students like protected classes, like children.\u201d 2/22/25, 5:41 Jane Gallop & Stephen Samerjan: Professors Accused of Sexual Harassment Speak 8/26 However, Dziech pointed out that putting restrictions on adults isn\u2019t new and is typically done in their best interests. \u201cWe\u2019ve learned in the last couple of decades that the human brain is not fully mature until probably in the mid- 20s. Under that age, people still are very, very quick to make decisions and not think things through as carefully. Students who do get involved in these relationships make decisions very quickly without thinking them through, especially if they\u2019re very young [because] it may sound very flattering at the time [and think they\u2019re told, \u2018you\u2019re an adult.\u2019 Well, the science is telling us, you\u2019re not an adult.\u201d Second-year Ph candidate Dana Beckelman was anything but a child when she made her claim of sexual harassment against Gallop for failing to grade her fairly after months of flirting and mixed messages, according to Lingua Franca. Gallop, in her 40s at the time, kissed the 30-year-old student in a crowded bar with other students present. Beckelman argued to Lingua Franca that in hindsight, she found Gallop\u2019s interest in her disingenuous, experimental, and exploitative; especially since their interaction, laced with sexual innuendo, often ran hot and cold without clear expectations. Beckelman won her claim, and a letter was placed in Gallop\u2019s file following the investigation. Since that letter was put in her file, Gallop was declared a distinguished professor and now advises the graduate students she used to kiss in public \u2014 as she later admitted, nothing \u201cterrible\u201d happened to her. 2/22/25, 5:41 Jane Gallop & Stephen Samerjan: Professors Accused of Sexual Harassment Speak 9/26 In her book, \u201cFeminist Accused of Sexual Harassment,\u201d Gallop said of Beckelman, \u201cHer complaint alleged that she was upset by the kiss but had been too intimidated to tell me. If she [was] upset, she showed no sign of it at the time.\u201d Gallop\u2019s 1994 essay expounded upon the idea that, as a feminist professor refusing to accept that consensual relationships could and should be considered sexual harassment, she was targeted for being out of line. \u201cI\u2019m interested in a world in which sexual harassment is taken seriously [and] sexual harassment is not about women being oversensitive,\u201d she said, echoing the sentiment more than a decade later. Gallop\u2019s hands and eyebrows flew in the air, becoming the picture of incredulity as she relayed what she believed to be her accusers\u2019 motivations. \u201cOne of them wanted me to tell her her work was good when it wasn\u2019t,\u201d she said of Beckelman, \u201cand the other wanted me to write a letter of recommendation to someone who wasn\u2019t a good student,\u201d Gallop finished, describing the other student who filed a sexual harassment complaint against her. However, Gallop did write the second complainant a letter and when asked in a Chicago Tribune article why she refused to write another two for the same student, she cited a different reason. In the article, Gallop defended her choice by stating that the school for which she wrote the one letter was the only one with a strong gay and lesbian studies program, which was the student\u2019s focus. 2/22/25, 5:41 Jane Gallop & Stephen Samerjan: Professors Accused of Sexual Harassment Speak 10/26 The student said she interpreted the refusal to write the other two as retaliation for rebuffing Gallop\u2019s advances. Her complaint was ultimately dismissed don\u2019t think was treated fairly,\u201d Gallop said, shaking her head emphatically as she recounted the student outcry which rose against her at the time think that they were actually trying to harm me,\u201d she said [felt] that there was a whole atmosphere that if the students felt bad, the professor must have done something wrong. I\u2019m uncomfortable when all there is, is a feeling \u2014 I\u2019m uncomfortable with a policy where you give all the validity to the subjective feelings of someone.\u201d Gallop also added that faculty and graduate students socialize often, which means that ambiguities and mixed messages are unavoidable don\u2019t think a world exists where you can prevent all misunderstandings,\u201d she said. Nor, she said, does she believe a world exist in which such bans are enforceable. Gallop acknowledged that removing conflicts of interest is a good idea and also stated that the policy was fair for treating supervisor-subordinate positions the same way as professor-student relationships. But professors shouldn\u2019t be punished because of a student\u2019s misperception, Gallop said, describing how although students may believe professors have more power than they actually do, professors shouldn\u2019t be 2/22/25, 5:41 Jane Gallop & Stephen Samerjan: Professors Accused of Sexual Harassment Speak 11/26 punished when students think they can\u2019t say no to something they can. \u201c[Feminism] is supposed to teach women that they have a right to say no and not feel bad about it,\u201d Gallop said. \u201cI\u2019m uncomfortable with harassment being based on the idea that someone feels they can\u2019t say no to someone when they can.\u201d However, Dziech said that saying no doesn\u2019t protect students experiencing from sexual harassment and/or retaliation once they choose to exercise that right. \u201cI\u2019ve talked to girls who have left professions or who left the discipline that they were training for because they just didn\u2019t want to deal with it anymore. Or they changed universities or colleges because they didn\u2019t feel like they had the courage to come forward and talk about it think we also need to think about the other kids who sit in the classroom,\u201d Dziech said, adding whether it\u2019s ever really possible for a professor to be unbiased towards a student with whom s/he is in a romantic relationship. Yet overall, Gallop concluded that, \u201cIt doesn\u2019t make sense to me to ban them.\u201d \u201cYou can\u2019t make policies to protect people from ever making mistakes,\u201d she said, \u201cwhich is different from being protected from predators.\u201d For Dziech, there is no doubt that such relationships are mistakes. However, she refused to comment on Gallop individually, stating, \u201cAs a member of the academic 2/22/25, 5:41 Jane Gallop & Stephen Samerjan: Professors Accused of Sexual Harassment Speak 12/26 profession have no comment about Jane Gallop\u2019s behavior think it speaks for itself.\u201d Stephen Samerjan \u201cWhen went to school, there were uncertainties; [it was] during the \u201960s was a product of a generation for which didn\u2019t grow up with the clarity,\u201d said former Art Chair and current Associate Emeritus Professor Stephen Samerjan. Samerjan, then a chair at UWM\u2019s Fine Arts program, was suspended following sexual harassment allegations from Christine Ruh. Samerjan acknowledged having had a consensual sexual relationship with Ruh, but with the new proposed policy said, \u201cYou moot the issue of consensuality and go more directly to the point of power differential.\u201d Samerjan explicitly explained that his biggest issue with existing policies that are currently on record is their level of ambiguity regarding definitions of harassment, conflicts of interest and even the variations of those definitions among different departments. \u201cIf you were to survey [different] departments,\u201d Samerjan explained, \u201ceach of them has a different set of expectations both by the [accused] and by the party aggrieved.\u201d Samerjan went on to say the policy change seems like a wise idea, describing the new language as \u201centirely welcome.\u201d 2/22/25, 5:41 Jane Gallop & Stephen Samerjan: Professors Accused of Sexual Harassment Speak 13/26 think it\u2019s a good thing that the current policy has been clarified,\u201d he said don\u2019t think it lends itself to much wiggle room [and] it puts everyone on the record. It\u2019s like knowing the rules to a game,\u201d he added. In his own case, Samerjan said took responsibility for my part of the consensual description of the relationship had did not want the other party to be inconvenienced in any way,\u201d he added. If Ruh is to be believed, inconvenience was an understatement of her experience after complaining about Samerjan. In 1993, Ruh, acting pro se, filed a complaint in federal court against Stephen Samerjan, the University of Wisconsin-Milwaukee and then-governor Jim Doyle among other defendants, alleging that Samerjan conducted a campaign of sexual harassment and humiliation against her, which the university and city supported by dismissively handling her claim and failing to properly investigate. Her claim was dismissed on the basis that it wasn\u2019t gender discrimination, and Ruh claimed that she paid a hefty price for her daring. \u201cBecause of what he did to me, because came forward lost a $40,000 doctoral scholarship and my access to my education and eventually my stuff and my house.\u201d Samerjan had a different experience. Although he was forced to step down as chair and suspended as a punishment, he maintained a place at the university and has since become an emeritus professor. 2/22/25, 5:41 Jane Gallop & Stephen Samerjan: Professors Accused of Sexual Harassment Speak 14/26 owned my conduct never lied returned without incident,\u201d he said. Samerjan credited his decision to be honest about the accusations as the reason his discipline was not harsher. \u201cThe lie is even more powerful and a [greater] indictment of character,\u201d he said. But the new policy, he noted, \u201cgoes beyond matters of personality.\u201d But Ruh disagreed, painting a picture of Samerjam\u2019s behavior and one in which personality \u2014 specifically, a predatory personality \u2014 was at the forefront. \u201cWhat he did is . . . took you out for a date, got you in bed, made you think he would be your boyfriend or whatever, and then he dumped you,\u201d Ruh alleged. \u201c\u2026And so just dropped out of school.\u201d Christine Ruh Ruh credited her 30-year crusade as the reason for the university\u2019s change in policy. As a student, Ruh said she began documenting Samerjan\u2019s interactions and discovered a disturbing trend within the art department itself. In 1993, she sued Samerjan, the UW-System Board of Regents, UW-Systems President Katherine Lyall, Former Chancellor Clifford Smith, Chancellor John Schroeder, Affirmative Action Officer Martha Bulluck, the University of Wisconsin-Milwaukee, and the UW-System. 2/22/25, 5:41 Jane Gallop & Stephen Samerjan: Professors Accused of Sexual Harassment Speak 15/26 The courtlistener.com brief described her complaint and the result: \u201cChristine Ruh appeals from the dismissal of her civil rights action filed pursuant to 42 U.S.C. Sec. 1983. In her second amended complaint, she contends that Stephen Samerjan, an art professor at the University of Wisconsin-Milwaukee (\u201cUWM\u201d), retaliated against her after she complained to him about their previous intimate relationship. Allegedly, he failed to attend scheduled appointments, gave her lower grades than she thought she deserved, and criticized her in a demeaning manner. Furthermore, she alleges that Samerjan\u2019s reading of the complaint she filed with the university to the Executive Committee of the Art Department defamed her and constituted yet another act of discrimination and harassment. The remaining defendants [hereinafter \u201cuniversity defendants\u201d] are charged with failing to investigate and process her formal complaints against Samerjan in violation of Title IX, 20 U.S.C. Secs. 1681-1688, and the Equal Protection Clause. Finally, all the defendants are charged with negligently or intentionally inflicting emotional distress upon Ruh due to their failure to address her complaints. Ruh raises four issues on appeal. Reviewing the motion to dismiss de novo, Hinnen v. Kelly, 992 F.2d 140, 142 (7th Cir.1993), we affirm.\u201d Her claim was denied for several reasons. Firstly, the statute of limitations expired on \u201cClaim #1,\u201d the relationship which occurred between 1983-84 and secondly, her claims against the state institutions were moot since state agencies cannot be sued as persons. 2/22/25, 5:41 Jane Gallop & Stephen Samerjan: Professors Accused of Sexual Harassment Speak 16/26 However, of Samerjan, the judge noted in his holding: \u201cit becomes clear that the alleged misconduct of Professor Samerjan (\u2018inappropriate,\u2019 \u2018unprofessional,\u2019 failure to attend appointments, giving her lower grades, demeaning her) are all personal matters and are not gender related. The professor\u2019s conduct, assuming it took place, did not stem from his discriminatory action against \u2018women\u2019 but, rather, is the way he ended their love affair.\u201d Essentially, Ruh could not establish a pattern of gender discrimination. As the brief stated, her suit was ultimately dismissed and this dismissal was upheld on appeal. Ruh has maintained that she was treated unfairly and retaliated after the fact, for revealing the prevalence of professor-student relationships during her time as a graduate student in the art department. \u201cHalf of the people in (one department on campus) were supposedly having sex with students,\u201d she said. \u201cI\u2019m not making that up.\u201d When she brought her case against Samerjan, she went to the chair of the art department and the affirmative action office. Eventually, she sought out her Wisconsin representative at the time, Barbara Notestein. When the Department of Labor got involved from Notestein\u2019s pressure, the investigation revealed systematic discrimination of women, according to Ruh. Eventually, the labor department came down and threatened to withhold funding until the university appropriately responded to the \u201cpattern and practice of 2/22/25, 5:41 Jane Gallop & Stephen Samerjan: Professors Accused of Sexual Harassment Speak 17/26 discrimination\u201d against women being implemented in the schools of Art, Business, and English, among others, as this archived article from 1993 noted. Ruh said that outcome wouldn\u2019t have been her first choice. \u201cIt punished everybody,\u201d she admitted. \u201cThe scholarship that was offered ended up getting cut, yanked, like the fellowship mean, that would not have been my solution but you have to understand that at some point, it was just happening around me. It was just about politics and money and who was involved and didn\u2019t have any control over any of it.\u201d Ruh said she was also personally persecuted as a result of her relentlessness. \u201cEverybody apologized to me. Everybody said there\u2019s nothing we can do, there\u2019s nothing we can do.\u201d Ruh said she fared worse than Gallop\u2019s accuser, Dana Beckelman. \u201cThe English department at is really a big department and Dana got picked up by people on the faculty and taken away and she got her degree and that was all taken care of.\u201d \u201cThat didn\u2019t happen to me,\u201d she said got abandoned.\u201d But in many ways, Samerjan and Gallop emerged virtually unscathed from the ordeal, with honored positions. \u201cNow he\u2019s happy in LA\u2026\u201d Ruh said. \u201cJane Gallop is going to retire with her pension intact; she\u2019s going to be a 2/22/25, 5:41 Jane Gallop & Stephen Samerjan: Professors Accused of Sexual Harassment Speak 18/26 distinguished professor until she decides to retire, and nothing else is going to happen to her.\u201d \u201cUntil you know the whole backstory to all of this stuff and you have conversations with the other people in this, you don\u2019t understand how they get away with it . . . But getting rid of a distinguished professor in the department who\u2019s got that kind of connections is just impossible.\u201d Ruh kept up with Beckelman until her death, phoning her and encouraging her to continue pursuing her sexual harassment claim against Gallop. Beckelman died at the age of 48 from heart failure in Saitama, Japan where she had moved, ironically, to teach English at the university level. Ruh said their present positions, Gallop as distinguished professor and Samerjan as emeritus professor, are not appropriate. \u201cThey\u2019re also passing people around higher education in the country,\u201d she said of universities in general. \u201cSomebody gets brought up on charges and it\u2019s like the Catholic church; they just say here is a promotion and $30,000 now just go over there someplace.\u201d Her personal experiences and knowledge of others\u2019 ordeals has made Ruh concerned about the future of women at the collegiate level have concerns about this for higher education in general,\u201d she said. \u201cThere has been this tendency of higher education, where the women in higher education are losing all their brain power.\u201d 2/22/25, 5:41 Jane Gallop & Stephen Samerjan: Professors Accused of Sexual Harassment Speak 19/26 Power Gallop definitely represents a women in higher education with a curriculum vitae of brain power: She has authored nine books, written dozens of articles, and been engaged in a studious role for the past 40 years. Gallop\u2019s office is located in Curtin Hall. Photo: Talis Shelbourne However, she has said that there\u2019s a distinct power differential between the media figures being exposed as sexual harassers on television and professors at universities. \u201cAll the stuff on the news, the people have an enormous amount of power. Professor-student relations have a little 2/22/25, 5:41 Jane Gallop & Stephen Samerjan: Professors Accused of Sexual Harassment Speak 20/26 bit of that power,\u201d she said, arguing that more apparent power differentials occur in business. In fact, the Chicago Tribune noted how Gallop said she felt the need to continue her sexually implicit banter with Beckelman \u2013 even after they had mutually agreed to stop \u2013 to demonstrate that she was, \u201con [her] side.\u201d In the same article, however, she accused Beckelman of attempting to use her sexuality to undermine whatever professorial power she did possess. For Dziech, professorial power over students is an ever present dynamic professor always has power over a student whether he or she likes to admit it or not,\u201d she said. Samerjan described Gallop as, \u201cvery bright, an effective person and teacher. [But think ultimately what she\u2019s arguing predates the power differential,\u201d he said. Adding that he would love to be on a panel with \u201cJane,\u201d he said, \u201cThe reflection moment that we see now is highly welcome.\u201d He also pointed out what he perceived as hypocrisy between how former Senator Al Franken and Senate candidate Roy Moore were treated. \u201cAl Franken has been brought to the public\u2019s attention, owned his conduct, and paid a huge price. That seems, to me, to be highly in error. An inequity that is troublesome to me.\u201d In the academic world, Dziech said the existing threats are more powerful when they go unpunished. 2/22/25, 5:41 Jane Gallop & Stephen Samerjan: Professors Accused of Sexual Harassment Speak 21/26 \u201cWe\u2019re talking about maybe 93 people never would think of doing this. We\u2019re talking about an infinitesimal number. One, two, three, maybe less than five percent. But because they\u2019re serial harassers or serial assaulters or whatever they are, the profession gets a bad name had a letter once from some guy who told me he had been sleeping with six students at the same time. Now, come on.\u201d Dziech also noted that not only is the profession of scholarship indicted as whole, the entire university\u2019s reputation can quickly lose gravitas in the competitive world of academia. \u201cThe expense of college tuition is terrible,\u201d she noted. \u201cIf you hear of an institution where this is a prolific behavior, are you going to pay?\u201d Moreover, Dziech said once students do find themselves victimized by sexual misconduct, the process of judicial or administrative recovery sometimes just isn\u2019t worth it. \u201cWhen you\u2019re a kid or a graduate student who\u2019s ready to graduate and somebody says something or does something off-the-wall or grabs you, are you going to be willing to go through all the hassle?\u201d She questioned. \u201cAre you going to have the money to take it to court to deal with it?\u201d With the proposed policy, the element of enforceability is made both easier and more difficult. On one hand, it is easier to determine whether sexual harassment has occurred between professors and 2/22/25, 5:41 Jane Gallop & Stephen Samerjan: Professors Accused of Sexual Harassment Speak 22/26 students in a relationship if that relationship was prohibited in the first place. On the other hand, there is the threat that such relationships could merely be driven underground to avoid detection. Under the proposed policy, people in existing relationships who became involved in a professor-student relationship would abide by the previous rule which required (1) disclosure of the relationship to the dean and (2) a removal of conflict of interest from parameters such as grading. Dziech said that even though though such relationships can be long-term or even lead to marriage, they don\u2019t represent the typical scenario. \u201cThat\u2019s not the point. Those are individual, very rare cases. Every case I\u2019ve ever known, these are not people who just do this once or twice. It\u2019s a moral issue, it\u2019s a professional issue,\u201d she reiterated. Most students expect to fend off unwanted advances and environments when they arrive in college as undergrads, vulnerable to sexual assault, hazing, alcoholism, drug use, and other potential pitfalls of new college life. However, this quiet history reveals that even graduate students are not impervious to the fears of subordination imposed by their thesis advisors. Dziech said there is a serious impetus for this generation to improve sexual misconduct policy for the next have a granddaughter who\u2019s going to be in high school pretty soon and I\u2019m terrified when she goes off, you know; what if 2/22/25, 5:41 Jane Gallop & Stephen Samerjan: Professors Accused of Sexual Harassment Speak 23/26 that happens to her? It\u2019s about protecting my kids and all those who kids who [are] like them.\u201d The proposed policy is clearly meant to represent a preventative measure. Dziech, who has kept her eye on other universities throughout the country, has said it really depends on the university. \u201cSome states try very hard think, for example, the University of California system has finally come onboard,\u201d she said, in light of recent changes they made in June of 2017. Others, Dziech said, have a long road ahead. \u201cMarco Rubio, McCaskill, [another senator] from New York, looked at what was happening at universities and they found out that many of them are not doing what they should be doing with respect to Title IX.\u201d Dziech was referencing the Campus Accountability and Safety Act, a bipartisan bill sponsored by Senator Claire McCaskill [D-MO] and introduced in 2015, which would increase penalties for universities who negligently report and/or handle sexual misconduct cases and create a competitive grant process to encourage research in the area of reducing sexual violence on campuses. As of 2017, according to the official Congressional Website, the bill hasn\u2019t been touched for two years. Dziech personally experienced a case unassociated with the UW-System which she said almost led to \u201ca breakdown,\u201d after a professor fatally shot a student in his condo. Other cases, such as the one raging through the 2/22/25, 5:41 Jane Gallop & Stephen Samerjan: Professors Accused of Sexual Harassment Speak 24/26 University of Rochester have revealed an administrative failure in handling sexual harassment cases cases. Dziech also noted that attitudes permissive of professor misbehavior often trickles down into the way students relate to one another. In 2012, the released a factsheet which reported that 37.4% of the 18.3% of female students are raped in college ages and 1 in every 20 males and females are the recipients of unwanted sexual attention other than rape. The U.S. Equal Employment Opportunity Commission reported that around 12,000 sexual harassment complaints per year were made through the office from 2010 to 2016. \u201cMy impression \u2014 and it\u2019s only an impression \u2014 [of] Wisconsin is very disturbing,\u201d Dziech said. \u201cThere are other states, other university systems that seem to me, to have handled this much better. [But] it takes a long while for some systems to start looking inward. And think that what we\u2019ve seen with politics and what we\u2019ve seen now with Hollywood, will hasten that. At least hope it will,\u201d she added as an afterthought. Yet with the proposal currently at a standstill, Ruh said every student who embarks on the path to higher education is putting themselves at risk: \u201cYou\u2019re being conned; anybody who signs up for higher education and [puts] all this money into it is being conned. All of this knowledge is being drained out of our society 2/22/25, 5:41 Jane Gallop & Stephen Samerjan: Professors Accused of Sexual Harassment Speak 25/26 because of people\u2019s lives being taken away. And it\u2019s horrible.\u201d\u2019 Talis Shelbourne Posted in News, Top Stories Previous: Milwaukee\u2019s Florentine Opera Brews Holiday Cheer Next: Milwaukee Fatal Bar Fight: One Punch Ended in Man\u2019s Death Media Milwaukee \| Student-Powered News at UW-Milwaukee \| Privacy Policy 2/22/25, 5:41 Jane Gallop & Stephen Samerjan: Professors Accused of Sexual Harassment Speak 26/26"}
7,250	Sikdar Masood	Brooklyn College	[ "7250_101.pdf" ]	{"7250_101.pdf": "Hamas begins release of six Israeli hostages -- including 2 held for a decade hands-on biology professor has been busted for giving personal anatomy lessons to two female students, police sources said yesterday. Sikdar Masood, 49, fondled the women while teaching at Brooklyn College and the Franklin Career Institute, a Brooklyn trade school, the sources said. \u201cHe grabbed my left breast with his right hand didn\u2019t know what to do left the class crying,\u201d the Franklin Institute victim told The Post. The Brooklyn College victim said, \u201cHe was very practiced and slick.\u201d Police sources said the frisky-fingered prof was demonstrating anatomy by pointing to parts of the body of a 25-year-old female student By Jamie Schram Published Feb. 7, 2007, 10:00 a.m Tattooed music buff, 38, confirms she's the mother of rock star... Sean 'Diddy' Combs' lawyer quits sex- trafficking case:\u2026 Influe Musk suit, s News Metro Long Island Politics World News 2/22/25, 5:42 1/9 When the class ended, he told the student to go into the office, where \u2013 to her shock \u2013 he began fondling her breasts, the sources said. Then he touched her waist and buttocks and told her, \u201cYou are so pretty. You don\u2019t have to worry about [passing] this class friend encouraged the young woman to call cops and Masood was busted that night on sexual- abuse and harassment charges. \u201cI\u2019m sure a lot of girls have given him leeway for an easy \u2018A,\u2019 \u201d his victim said don\u2019t think he should be teaching at any college. He should definitely go to jail.\u201d The Post is withholding the victims\u2019 names due to the nature of the alleged crimes. Masood\u2019s wife, Laila, 35, rejected the charges, saying the two women were trying to harass her husband for being too tough a teacher know my husband. He\u2019s strict, but he\u2019s honest,\u201d she said at their Jamaica home. Masood, who trained as a doctor in his native Bangladesh, was fired from Brooklyn College and no longer works at the Franklin Career Institute. The latest incident occurred after a Brooklyn College anatomy class on Sept. 25. Masood was fired on Oct. 11 after an internal investigation, a college spokesman said. 00:00 04:00 2/22/25, 5:42 2/9 The Brooklyn District Attorney\u2019s Office subsequently ran a background check and found a letter from a former student in Masood\u2019s Franklin Career Institute file. The student, also a 25-year-old woman, claimed that on Nov. 1, 2005, after a class on taking a patient\u2019s blood, the pervy prof had students fill out some papers. When the woman handed hers in, Masood squeezed her breast and whispered, \u201cGood job,\u201d the sources said. Additional reporting by Kieran Crowley and Heidi Singer Neurofilament Light as a Biomarker in Mouse Models to Advance Research in\u2026 GenomeWeb Will oil decide the fate of the Russia-Ukraine War? ips-journal.eu Before you go ... 2/22/25, 5:42 3/9 Cardiologist: The Best Method for a Flat Stomach After 50 (It\u2019s Genius!) News - Health Which car has priority? 80% answer incorrectly! 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7,344	David Rubino	Gannon University	[ "7344_101.pdf", "7344_102.pdf", "7344_103.pdf", "7344_104.pdf", "7344_105.pdf", "7344_106.pdf", "7344_107.pdf" ]	{"7344_101.pdf": "Case Law ( Petruska v. Gannon University Decision Date 06 September 2006 Docket Number No. 05-1222.,05-1222. Citation 462 F.3d 294 Parties Lynette M. PETRUSKA, Appellant v UNIVERSITY; The Board of Trustees of Gannon University; William I. Alford, II; Robert H. Allshouse; Joseph F. Allison; Michael P. Allison, Rev.; James A. Baldauf; L. Scott Barnard; George J. Behringer; Arnold E. Bergquist; Lawrence E. Brandt, Rev. Msgr.; Robert L. Brugger, Rev. Msgr.; Donald M. Carlson; Daniel C. Carneval, D.O.; Stephanie Domitrovich, Hon.; Thomas L. Doolin; James J. Duratz; Antoine M. Garibaldi; Thomas C. Guelcher; William M. Hilbert, Sr.; Brian J. Jackman; James W. Keim, Jr.; Mary Rita Kuhn, Sr., SSJ; Thomas J. Loftus; Anne C. McCallion; Joseph T. Messina; Michael J. Nuttall; John E. Paganie; Denise Illig Robison; James J. Rutkowski, Jr.; James A. Schaffner; Helen M. Schilling, M.D., D.D.S.; John M. Schultz, Very Rev.; Robert J. Smith, Rev. Msgr.; Lawrence T. Speice, Rev. Msgr.; William C. Springer; James G. Toohey; Donald W. Trautman, Bishop; Anastasia Valimont, Sr. SSJ; Ricarda Vincent, Sr. SSJ; Melvin Witherspoon; All Other Known and Unknown Members of the Board of Trustees of Gannon University During the Tenure of Donald W. Trautman, as members of the Board of Trustees of Gannon University; David Rubino, Msgr., in their individual and official capacities; Nicholas Rouch, Rev., in their individual and official capacities. Court U.S. Court of Appeals \u2014 Third Circuit Your World of Legal Intelligence (/) United States \| 1-800-335-6202 Document Cited authorities 37 Cited in 826 Precedent Map Related 462 F.3d 294 Lynette M. PETRUSKA, Appellant v UNIVERSITY; The Board of Trustees of Gannon University; William I. Alford, II; Robert H. Allshouse; Joseph F. Allison; Michael P. Allison, Rev.; James A. Baldauf; L. Scott Barnard; George J. Behringer; Arnold E. Bergquist; Lawrence E. Brandt, Rev. Msgr.; Robert L. Brugger, Rev. Msgr.; Donald M. Carlson; Daniel C. Carneval, D.O.; Stephanie Domitrovich, Hon.; Thomas L. Doolin; James J. Duratz; Antoine M. Garibaldi; Thomas C. Guelcher uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy (/terms-of-service \uf042 \uf041 William M. Hilbert, Sr.; Brian J. Jackman; James W. Keim, Jr.; Mary Rita Kuhn, Sr., SSJ; Thomas J. Loftus; Anne C. McCallion; Joseph T. Messina; Michael J. Nuttall; John E. Paganie; Denise Illig Robison; James J. Rutkowski, Jr.; James A. Schaffner; Helen M. Schilling, M.D., D.D.S.; John M. Schultz, Very Rev.; Robert J. Smith, Rev. Msgr.; Lawrence T. Speice, Rev. Msgr.; William C. Springer; James G. Toohey; Donald W. Trautman, Bishop; Anastasia Valimont, Sr. SSJ; Ricarda Vincent, Sr. SSJ; Melvin Witherspoon; All Other Known and Unknown Members of the Board of Trustees of Gannon University During the Tenure of Donald W. Trautman, as members of the Board of Trustees of Gannon University; David Rubino, Msgr., in their individual and official capacities; Nicholas Rouch, Rev., in their individual and official capacities. No. 05-1222. United States Court of Appeals, Third Circuit. Argued August 16, 2006.* Filed September 6, 2006 C. John Pleban, [Argued], Pleban & Associates, St. Louis, MO, Counsel for Appellant. Evan C. Rudert, [Argued], Elderkin, Martin, Kelly & Messina, Arthur D. Martinucci, [Argued], Frank L. Kroto, Jr., Quinn, Buseck, Leemhuis, Toohey & Kroto, Erie, PA, for Appellees. Phillip J. Murren, Ball, Murren & Connell, Camp Hill, PA, Stephen W. Fitschen The National Legal Foundation, Virginia Beach, VA, for Amicus-Appellee. Before SMITH, COWEN, and SMITH, Circuit Judge. Former University Chaplain Lynette Petruska appeals an order from the United States District Court for the Western District of Pennsylvania dismissing her federal employment discrimination and state law claims against Gannon University (\"Gannon\" or \"the University\"), the private Catholic diocesan college that employed her from July 16, 1997 until October 15, 2002. The District Court dismissed Petruska's complaint for lack of jurisdiction pursuant to Federal Rule of Civil Procedure 12(b)(1), holding that the \"ministerial exception\" \u2014 a doctrine rooted in the First Amendment \u2014 barred her claims. This Court has not previously ruled on the viability or the scope of the ministerial exception. Today, we join seven of our sister circuits in adopting the exception and hold that it applies to any claim, the resolution of which would limit a religious institution's right to choose who will perform particular spiritual functions. Petruska's Title discrimination and retaliation claims, as well as her state civil conspiracy and negligent retention and supervision claims, are barred by the ministerial exception insofar as they implicate a church's right to select its ministers under the Free Exercise Clause. Because resolution of Petruska's fraudulent misrepresentation and breach of contract claims do not limit Gannon's free exercise rights, and because an evaluation of these claims would not violate the Establishment Clause, they are not precluded by the exception. Nevertheless, Petruska has failed to plead fraud with particularity as required by Federal Rule of Civil Procedure 9(b). Accordingly, we will affirm the District Court's order dismissing Petruska's uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy (/terms-of-service \uf042 \uf041 Title discrimination and retaliation claims, as well as her state civil conspiracy, negligent retention and supervision, and fraudulent misrepresentation claims. For the reasons set forth below, we will remand her breach of contract claim for further consideration by the District Court. I. Factual and Procedural Background For purposes of a motion to dismiss, we must accept as true \u2014 as did the District Court \u2014 the plaintiff's factual allegations. See Mortensen v. First Fed. Sav. & Loan, 549 F.2d 884, 891 (3d Cir.1977) (explaining the standard of review for Rule 12(b)(1) and Rule 12(b)(6) motions).1 Accordingly, the facts set forth below are drawn from Petruska's First Amended Complaint. Gannon University is a private Catholic diocesan college located in Erie, Pennsylvania. Gannon hired Petruska as the University's Director of Social Concerns on July 16, 1997. At that time, Reverend Nicholas Rouch was the University Chaplain. When Rouch left to study in Rome for a period of three years, he was promised that he could resume his position as chaplain when he returned. In his absence, the University appointed an interim chaplain, who held the position until June of 1999. When the interim chaplain resigned then-President Monsignor David Rubino promoted Petruska to permanent University Chaplain on July 1, 1999, with the advice and consent of Bishop Trautman, the Chair of Gannon's Board of Trustees (the \"Board\"). Petruska was the first female in Gannon's history to serve in that position. As such, and cognizant of the promise made to Rouch, Petruska specifically sought assurances from Rubino that she would not simply be replaced when Rouch returned or another qualified male became available. Rubino assured her that future decisions regarding her tenure as chaplain would be based solely on her performance, not her gender. Several months after her appointment, in March of 2000, Rubino was forced to take a leave of absence when allegations surfaced that he was having a sexual affair with a female subordinate. Thereafter, another female employee accused Rubino of sexual harassment, and Petruska was instrumental in bringing this claim to the attention of Bishop Trautman and then-Provost Dr. Thomas Ostrowski. Rubino formally resigned in May of 2000, and Ostrowski was appointed Acting President. Following Rubino's resignation, and at Bishop Trautman's behest, Gannon began a campaign to cover-up Rubino's misconduct. Petruska strenuously \u2014 and vocally \u2014 objected to the University's response.2 In July of 2000, Ostrowski met with Bishop Trautman, as well as Rouch, who had by then returned from Rome. Bishop Trautman notified Ostrowski that he had created a new position \u2014 Vice-President for Mission and Ministry \u2014 and that he had appointed Rouch to fill it. The position was created without input from any other University officials and did not include a job description. At that meeting, the Bishop informed Ostrowski that he was to remove Petruska as University Chaplain. When Ostrowski refused, Bishop Trautman instructed him to restructure the Chaplain's Division by placing it under the leadership of Rouch. Ostrowski also refused to take part in the proposed restructuring. On July 28, 2000, Ostrowski told Petruska about his meeting with Rouch and Bishop Trautman. He explained the proposed restructuring and asked Petruska how she would respond if the Chaplain's Office were placed under Rouch's leadership. Petruska indicated that she would challenge this decision, and Ostrowski conceded that the proposed action was being taken on the basis of her gender. Although Ostrowski stated that he would try to prevent the restructuring and Petruska's removal, he later explained that he could delay, but not prevent, these events. On October 2, 2000, Petruska signed a revised contract, which was equivalent to those of the other vice- presidents at Gannon. Her contract was thereby extended until June 30, 2003. From March to May of 2001, Ostrowski repeatedly suggested that Petruska consider accepting another position at Gannon, because Bishop Trautman and Reverend Rouch would never let her remain as University Chaplain. Ostrowski was removed from consideration in the presidential search on April 19, 2001 uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy (/terms-of-service \uf042 \uf041 To continue reading Request your trial On May 21, 2001, Dr. Antoine Garibaldi was appointed President of Gannon and he began his tenure on July 1, 2001. After Garibaldi became President, some of Petruska's responsibilities were reassigned and she was instructed to limit her comments at University events. On August 21, 2002, Garibaldi notified Petruska that he had decided to restructure and informed her that she would be removed from the President's Staff and that the Chaplain's Division would report to Rouch. Garibaldi did not present the restructuring proposal to the University's President's Council as required by Gannon's Governance Manual. Petruska informed Garibaldi that she knew that this action was being taken against her because of her gender and told him that she would be open to a \"buy out\" of her contract. Although Garibaldi indicated that he would be willing to discuss the restructuring, he later declined to discuss the matter with Petruska. After meeting with Garibaldi, Petruska orally requested information about filing a discrimination grievance with the University Review Council, but was notified in a letter dated August 28, 2002 that the University Review Council was not a proper forum because her complaint was directed against the President and Chair of the Board. On September 30, 2002, Rouch called Petruska and indicated that he wanted to discuss the restructuring. She declined to meet with him until she resolved her concerns about the University's discriminatory conduct with Garibaldi. That same day, Petruska sent an e-mail to Garibaldi, stating that she intended to speak publicly about the questionable motives underlying the restructuring, but noted that she was willing to meet with him to discuss how all parties could \"move forward\" if Ricarda Vincent, the president of her community, was permitted to attend. Garibaldi did not respond. Petruska later learned that, during a telephone conversation between Bishop Trautman and Vincent, the Bishop \"yelled\" at Vincent. The next day, October 1, Vincent told Petruska that she could uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy (/terms-of-service \uf042 \uf041 719 cases Search in 719 citing cases \uf014 Victor L. Yu v. U.S. Dep't of Veterans Affairs ( United States U.S. District Court \u2014 Western District of Pennsylvania July 5, 2011 ...accept those allegations as true and may consider only the complaint and any documents upon which it is based. Petruska v. Gannon Univ., 462 F.3d 294, 302 n.3 (3d Cir. 2006). Where, however, subject matter jurisdiction is challenged in fact, i.e., where the challenge is based on the suffici...... Asah v. N.J. Dep't of Educ. ( United States U.S. District Court \u2014 District of New Jersey July 27, 2018 ...power to hear the case\" and \"the plaintiff will have the burden of proof that jurisdiction does in fact exist.\" Petruska v. Gannon Univ. , 462 F.3d 294, 302 n. 3 (3d Cir. 2006) (quoting Mortensen v. First Fed. Sav. & Loan Ass'n, 549 F.2d 884, 891 (3d Cir. 1977) ). \"Therefore, a 12(b)(1) fac...... OpenPittsburgh.Org v. Voye ( United States U.S. District Court \u2014 Western District of Pennsylvania September 27, 2021 ...courts are to apply the same standard as on review of a Rule 12(b)(6) motion for failure to state a claim. See Petruska v. Gannon Univ. , 462 F.3d 294, 299 n.1 (3d Cir. 2006) (explaining \"that the standard is the same when considering a facial attack under Rule 12(b)(1) or a motion to dismi...... Perry v #1 Fed. C.U., Civil No. 19-167 (NLH/KMW) ( ocnac-1-885767585) United States U.S. District Court \u2014 District of New Jersey October 28, 2019 ...757 F.3d 347, 358 (3d Cir. 2014) (citing In re Schering Plough Corp. Intron, 678 F.3d 235, 243 (3d Cir. 2012) ); Petruska v. Gannon Univ., 462 F.3d 294, 302 n.3 (3d Cir. 2006) (citing Mortensen v. First Fed. Sav. & Loan Ass'n, 549 F.2d 884, 891 (3d Cir. 1977) ). If a motion to dismiss prese...... Request a trial to view additional results 1 firm's commentaries uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy (/terms-of-service \uf042 \uf041 1 firm s commentaries Search in 1 citing firm's commentaries \uf014 Supreme Court Okays Ministerial Exception To Discrimination Law ( ministerial-exception-discrimination-345250470) United States Mondaq United States January 17, 2012 ...Tomic v. Catholic Diocese of Peoria, 442 F.3d 1036, 1039-41 (7th Cir.), cert. denied, 549 U.S. 881 (2006); Petruska v. Gannon Univ., 462 F.3d 294 (3rd Cir. 2006); Werft v. Desert Southwest Annual Conference, 377 F.3d 648, 655-657 (9th Cir. 2004); Gellington v. Christian Methodist Episcopal ...... 8 books & journal articles Search in 8 citing books & journal articles \uf014 Splitting the Difference Bright-Line Proposal for the Ministerial Exception ( books.vlex.com/vid/splitting-the-difference-bright-950818081) United States The Georgetown Journal of Law & Public Policy No. 20-1, January 2022 January 1, 2022 ...she should be considered \u2018clergy.\u2019\u201d); see also EEOC. v. Cath. Univ. of Am., 83 F.3d 455, 461 (D.C. Cir. 1996); Petruska v. Gannon Univ., 462 F.3d 294, 307 (3d Cir. 2006). 25. Note, The Ministerial Exception to Title VII: The Case for a Deferential Primary Duties Test , 121 HARV. L. REV. 177...... New Wine in an Old Chalice: The Ministerial Exception's Humble Roots ( books.vlex.com/vid/wine-in-chalice-ministerial-exception-461086026) United States Louisiana Law Review No. 73-4, July 2013 July 1, 2013 ...by harkening back to the doctrine\u2019s 54. See, e.g v. Catholic Univ. of Am., 83 F.3d 455 (D.C. Cir. 1996); Petruska v. Gannon Univ., 462 F.3d 294 (3d Cir. 2006). 55. Rayburn , 772 F.2d at 1169 (quoting Bagni, supra note 39) (internal quotation marks omitted). 56. Id. at 1164\u201365. 57. S...... Constitutional violations (42 U.S.C. \u00a71983) ( violations-42-u-930048408) United States James Publishing Practical Law Books Federal Employment Jury Instructions - Volume April 30, 2014 ...of which would limit a religious institution\u2019s right to select who will perform particular spiritual functions. Petruska v. Gannon Univ. , 462 F.3d 294, 307 (3rd Cir. 2006). Seventh: Venters v. City of Delphi , 123 F.3d 956, 969 (7th Cir. 1997). \u00a79:220 Public Forum In assessing a First Amen uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy (/terms-of-service \uf042 \uf041 Benton C. Martin, Protecting Preachers from Prejudice: Methods for Improving Analysis of the Ministerial Exception to Title Vii ( 935402826) United States Emory University School of Law Emory Law Journal No. 59-5, 2010 Invalid date ...Petruska v. Gannon Univ., No. 05-1222 (3d Cir. 2006), 051222p.pdf, vacated on grant of rehearing, 462 F.3d 294 (3d Cir. 2006) (\"Employment discrimination unconnected to religious belief, religious doctrine, or the internal regulations of a church is sim...... Request a trial to view additional results uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy (/terms-of-service \uf042 \uf041 1-800-335-6202 Terms of use ( \u00a92025 vLex.com All rights reserved uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy (/terms-of-service uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy (/terms-of-service \uf042 \uf041", "7344_102.pdf": "3RD v (2006) United States Court of Appeals,Third Circuit. Lynette M. PETRUSKA, Appellant v UNIVERSITY; The Board of Trustees of Gannon University; William I. Alford, II; Robert H. Allshouse; Joseph F. Allison; Michael P. Allison, Rev.; James A. Baldauf; L. Scott Barnard; George J. Behringer; Arnold E. Bergquist; Lawrence E. Brandt, Rev. Msgr.; Robert L. Brugger, Rev. Msgr.; Donald M. Carlson; Daniel C. Carneval, D.O.; Stephanie Domitrovich, Hon.; Thomas L. Doolin; James J. Duratz; Antoine M. Garibaldi; Thomas C. Guelcher; William M. Hilbert, Sr.; Brian J. Jackman; James W. Keim, Jr.; Mary Rita Kuhn, Sr., SSJ; Thomas J. Loftus; Anne C. McCallion; Joseph T. Messina; Michael J. Nuttall; John E. Paganie; Denise Illig Robison; James J. Rutkowski, Jr.; James A. Schaffner; Helen M. Schilling, M.D., D.D.S.; John M. Schultz, Very Rev.; Robert J. Smith, Rev. Msgr.; Lawrence T. Speice, Rev. Msgr.; William C. Springer; James G. Toohey; Donald W. Trautman, Bishop; Anastasia Valimont, Sr. SSJ; Ricarda Vincent, Sr. SSJ; Melvin Witherspoon; All Other Known and Unknown Members of the Board of Trustees of Gannon University During the Tenure of Donald W. Trautman, as members of the Board of Trustees of Gannon University; David Rubino, Msgr., in their individual and official capacities; Nicholas Rouch, Rev., in their individual and official capacities. No. 05-1222. Decided: September 06, 2006 Before SMITH, COWEN, and GREENBERG. C. John Pleban, [Argued], Pleban & Associates, St. Louis, MO, Counsel for Appellant. Evan C. Rudert, [Argued], Elderkin, Martin, Kelly & Messina, Arthur D. Martinucci, [Argued], Frank L. \uf002 / / / / Find a Lawyer Legal Forms & Services \uf107 Learn About the Law \uf107 Legal Professionals \uf107 Blogs 2/22/25, 5:42 v (2006) \| FindLaw 1/23 Kroto, Jr., Quinn, Buseck, Leemhuis, Toohey & Kroto, Erie, PA, for Appellees. Phillip J. Murren, Ball, Murren & Connell, Camp Hill, PA, Stephen W. Fitschen, The National Legal Foundation, Virginia Beach, VA, for Amicus-Appellee Former University Chaplain Lynette Petruska appeals an order from the United States District Court for the Western District of Pennsylvania dismissing her federal employment discrimination and state law claims against Gannon University (\u201cGannon\u201d or \u201cthe University\u201d), the private Catholic diocesan college that employed her from July 16, 1997 until October 15, 2002. The District Court dismissed Petruska's complaint for lack of jurisdiction pursuant to Federal Rule of Civil Procedure 12(b)(1), holding that the \u201cministerial exception\u201d-a doctrine rooted in the First Amendment-barred her claims. This Court has not previously ruled on the viability or the scope of the ministerial exception. Today, we join seven of our sister circuits in adopting the exception and hold that it applies to any claim, the resolution of which would limit a religious institution's right to choose who will perform particular spiritual functions. Petruska's Title discrimination and retaliation claims, as well as her state civil conspiracy and negligent retention and supervision claims, are barred by the ministerial exception insofar as they implicate a church's right to select its ministers under the Free Exercise Clause. Because resolution of Petruska's fraudulent misrepresentation and breach of contract claims do not limit Gannon's free exercise rights, and because an evaluation of these claims would not violate the Establishment Clause, they are not precluded by the exception. Nevertheless, Petruska has failed to plead fraud with particularity as required by Federal Rule of Civil Procedure 9(b). Accordingly, we will affirm the District Court's order dismissing Petruska's Title discrimination and retaliation claims, as well as her state civil conspiracy, negligent retention and supervision, and fraudulent misrepresentation claims. For the reasons set forth below, we will remand her breach of contract claim for further consideration by the District Court. I. Factual and Procedural Background For purposes of a motion to dismiss, we must accept as true-as did the District Court-the plaintiff's factual allegations. See Mortensen v. First Fed. Sav. & Loan, 549 F.2d 884, 891 (3d Cir.1977) (explaining the standard of review for Rule 12(b)(1) and Rule 12(b)(6) motions).1 Accordingly, the facts set forth below are drawn from Petruska's First Amended Complaint. Gannon University is a private Catholic diocesan college located in Erie, Pennsylvania. Gannon hired Petruska as the University's Director of Social Concerns on July 16, 1997. At that time, Reverend Nicholas Rouch was the University Chaplain. When Rouch left to study in Rome for a period of three years, he was promised that he could resume his position as chaplain when he returned. In his 2/22/25, 5:42 v (2006) \| FindLaw 2/23 absence, the University appointed an interim chaplain, who held the position until June of 1999. When the interim chaplain resigned, then-President Monsignor David Rubino promoted Petruska to permanent University Chaplain on July 1, 1999, with the advice and consent of Bishop Trautman, the Chair of Gannon's Board of Trustees (the \u201cBoard\u201d). Petruska was the first female in Gannon's history to serve in that position. As such, and cognizant of the promise made to Rouch, Petruska specifically sought assurances from Rubino that she would not simply be replaced when Rouch returned or another qualified male became available. Rubino assured her that future decisions regarding her tenure as chaplain would be based solely on her performance, not her gender. Several months after her appointment, in March of 2000, Rubino was forced to take a leave of absence when allegations surfaced that he was having a sexual affair with a female subordinate. Thereafter, another female employee accused Rubino of sexual harassment, and Petruska was instrumental in bringing this claim to the attention of Bishop Trautman and then-Provost Dr. Thomas Ostrowski. Rubino formally resigned in May of 2000, and Ostrowski was appointed Acting President. Following Rubino's resignation, and at Bishop Trautman's behest, Gannon began a campaign to cover-up Rubino's misconduct. Petruska strenuously-and vocally-objected to the University's response.2 In July of 2000, Ostrowski met with Bishop Trautman, as well as Rouch, who had by then returned from Rome. Bishop Trautman notified Ostrowski that he had created a new position-Vice-President for Mission and Ministry-and that he had appointed Rouch to fill it. The position was created without input from any other University officials and did not include a job description. At that meeting, the Bishop informed Ostrowski that he was to remove Petruska as University Chaplain. When Ostrowski refused, Bishop Trautman instructed him to restructure the Chaplain's Division by placing it under the leadership of Rouch. Ostrowski also refused to take part in the proposed restructuring. On July 28, 2000, Ostrowski told Petruska about his meeting with Rouch and Bishop Trautman. He explained the proposed restructuring and asked Petruska how she would respond if the Chaplain's Office were placed under Rouch's leadership. Petruska indicated that she would challenge this decision, and Ostrowski conceded that the proposed action was being taken on the basis of her gender. Although Ostrowski stated that he would try to prevent the restructuring and Petruska's removal, he later explained that he could delay, but not prevent, these events. On October 2, 2000, Petruska signed a revised contract, which was equivalent to those of the other vice- presidents at Gannon. Her contract was thereby extended until June 30, 2003. From March to May of 2001, Ostrowski repeatedly suggested that Petruska consider accepting another position at Gannon, because Bishop Trautman and Reverend Rouch would never let her remain as University Chaplain. Ostrowski was removed from consideration in the presidential search on April 19, 2001. On May 21, 2001, Dr. Antoine Garibaldi was appointed President of Gannon and he began his tenure on July 1, 2001. After Garibaldi became President, some of Petruska's responsibilities were reassigned 2/22/25, 5:42 v (2006) \| FindLaw 3/23 and she was instructed to limit her comments at University events. On August 21, 2002, Garibaldi notified Petruska that he had decided to restructure and informed her that she would be removed from the President's Staff and that the Chaplain's Division would report to Rouch. Garibaldi did not present the restructuring proposal to the University's President's Council as required by Gannon's Governance Manual. Petruska informed Garibaldi that she knew that this action was being taken against her because of her gender and told him that she would be open to a \u201cbuy out\u201d of her contract. Although Garibaldi indicated that he would be willing to discuss the restructuring, he later declined to discuss the matter with Petruska. After meeting with Garibaldi, Petruska orally requested information about filing a discrimination grievance with the University Review Council, but was notified in a letter dated August 28, 2002 that the University Review Council was not a proper forum because her complaint was directed against the President and Chair of the Board. On September 30, 2002, Rouch called Petruska and indicated that he wanted to discuss the restructuring. She declined to meet with him until she resolved her concerns about the University's discriminatory conduct with Garibaldi. That same day, Petruska sent an e-mail to Garibaldi, stating that she intended to speak publicly about the questionable motives underlying the restructuring, but noted that she was willing to meet with him to discuss how all parties could \u201cmove forward\u201d if Ricarda Vincent, the president of her community, was permitted to attend. Garibaldi did not respond. Petruska later learned that, during a telephone conversation between Bishop Trautman and Vincent, the Bishop \u201cyelled\u201d at Vincent. The next day, October 1, Vincent told Petruska that she could not take any action against Gannon, nor was she to make any comment about Gannon's discriminatory conduct. Faculty, staff, and students were informed of Petruska's \u201cdemotion\u201d from the head of the Chaplain's Division. On October 7, 2002, Rouch once again contacted Petruska regarding the restructuring. In response, she sent an email to Garibaldi, noting that she had not yet received an answer to her request for a meeting. The next day, Garibaldi responded to Petruska's e-mail, indicating that the University would take \u201cappropriate action\u201d if she did not report to Rouch. Believing that she was about to be fired, she tendered her resignation with two-weeks notice on October 14, 2002. The following day, Rouch and Bob Cline, Gannon's Human Resources Director, entered Petruska's office and told her that her resignation was accepted effective immediately. Based on these events, Petruska filed a complaint with the Equal Employment Opportunity Commission (\u201cEEOC\u201d) on August 20, 2003. Upon exhausting her administrative remedies, she received a ninety-day \u201cright-to-sue\u201d letter. She filed this action in the United States District Court for the Western District of Pennsylvania against Gannon University, members of the Board of Trustees (including Trautman, Garibaldi, and Vincent), Rubino, and Rouch. Petruska asserted six claims: (1) gender discrimination in violation of Title against all Defendants; (2) retaliatory discrimination in violation of Title against all Defendants; (3) fraudulent misrepresentation against Gannon, Rubino, and Trautman; (4) civil 2/22/25, 5:42 v (2006) \| FindLaw 4/23 conspiracy against Trautman, Garibaldi, and Rouch; (5) breach of contract against Gannon and Garibaldi; and (6) negligent supervision and retention against Gannon and its Board. Gannon moved to dismiss Petruska's claims pursuant to Federal Rule of Civil Procedure 12(b)(1) for lack of jurisdiction, or in the alternative, pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim on which relief can be granted. The District Court granted the motion, concluding that the ministerial exception barred adjudication of Petruska's claims. II. Gannon's Motion to Dismiss The District Court granted the motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(1) for lack of jurisdiction. Although we agree that the ministerial exception applies in this case, we conclude that the exception does not act as a jurisdictional bar, but rather, is best viewed as a challenge to the sufficiency of Petruska's claim under Rule 12(b)(6). See, e.g., Elvig v. Calvin Presbyterian Church, 375 F.3d 951, 955 (9th Cir.2004); Bryce v. Episcopal Church in the Diocese of Colorado, 289 F.3d 648, 654 (10th Cir.2002). At issue in a Rule 12(b)(1) motion is the court's \u201cvery power to hear the case.\u201d 3 Mortensen, 549 F.2d at 891 Rule 12(b)(6) motion, by contrast, tests the legal sufficiency of plaintiff's claim. In other words, for purposes of resolving a Rule 12(b)(6) motion, the question is whether the plaintiff would be able to prevail even if she were able to prove all of her allegations. Id. In this case, the question does not concern the court's power to hear the case-it is beyond cavil that a federal district court has the authority to review claims arising under federal law-but rather whether the First Amendment bars Petruska's claims. See Elvig, 375 F.3d at 955 (\u201cFederal question jurisdiction is statutorily established, giving district courts \u2018original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States.\u2019 \u201d). In that respect, as the Tenth Circuit noted in Bryce, assertion of the ministerial exception-or, in that case, the \u201cchurch autonomy doctrine\u201d-is akin to a government official's defense of qualified immunity, which is often raised in a Rule 12(b)(6) motion. Bryce, 289 F.3d at 654. The exception may serve as a barrier to the success of a plaintiff's claims, but it does not affect the court's authority to consider them. We therefore review Petruska's complaint to determine whether she has stated a claim upon which relief can be granted pursuant to Federal Rule of Civil Procedure 12(b)(6). So construing the motion to dismiss, we have jurisdiction under 28 U.S.C. \u00a7 1291. Jordan v. Fox Rothschild O'Brien & Frankel, Inc., 20 F.3d 1250, 1251 (3d Cir.1994). Our review is plenary. Id. III. The Ministerial Exception to Title Title of the Civil Rights Act of 1964 prohibits discrimination in employment on the basis of race, sex, national origin, or religion and forbids retaliation based on an employee's opposition to practices made unlawful under the statute. 42 U.S.C. \u00a7 2000e-2; 42 U.S.C. \u00a7 2000e-3. The statute exempts 2/22/25, 5:42 v (2006) \| FindLaw 5/23 religious entities and educational organizations from its nondiscrimination mandate to the extent that an employment decision is based on an individual's religious preferences. See 42 U.S.C. \u00a7 2000e-1(a) (providing an exception for \u201creligious corporation, association, educational institution, or society with respect to employment of individuals of a particular religion to perform work connected with the carrying on \u2024 of its activities\u201d); see also 42 U.S.C. \u00a7 2000e-2(e) (permitting religious educational institutions \u201cto hire and employ employees of a particular religion\u201d). By its terms, however, Title \u201cdoes not confer upon religious organizations the right to make those same decisions on the basis of race, sex, or national origin.\u201d Rayburn v. Gen'l Conf. of Seventh Day Adventists, 772 F.2d 1164, 1166 (4th Cir.1985). The questions presented in this case are whether applying Title to Gannon's decision to restructure would infringe upon its free exercise rights and whether adjudication of Petruska's Title claims would result in unconstitutional entanglement under the Establishment Clause. Every one of our sister circuits to consider the issue has concluded that application of Title to a minister-church relationship would violate-or would risk violating 4 -the First Amendment and, accordingly, has recognized some version of the ministerial exception.5 To the extent that a claim involves the church's selection of clergy-in other words, its choice as to who will perform particular spiritual functions 6 -most of these circuits have held that the exception bars any inquiry into a religious organization's underlying motivation for the contested employment decision.7 Although we have not previously confronted a factually appropriate case in which to determine whether the ministerial exception is constitutionally warranted, we have acknowledged and cited with approval its application by other courts of appeals. See Little v. Wuerl, 929 F.2d 944, 947 (3d Cir.1991) (citing McClure v. Salvation Army, 460 F.2d 553 (5th Cir.1972); Rayburn, 772 F.2d 1164) (\u201cRelying on this basic principle, courts have consistently found that Title does not apply to the relationship between ministers and the religious organizations that employ them, even where the discrimination is alleged on the basis of race or sex.\u201d); Geary v. Visitation of the Blessed Virgin Mary, 7 F.3d 324, 329 (3d Cir.1993) (citing Scharon, 929 F.2d at 363) (\u201cIndeed, when the employee who challenges an employment decision is a member of the clergy, some courts have refused to allow even this limited inquiry.\u201d). Because we conclude that a federal court's resolution of a minister's Title discrimination or retaliation claim would infringe upon First Amendment protections, we now join those courts in adopting the exception.8 A. The Free Exercise Clause of the First Amendment The First Amendment of the United States Constitution provides that \u201cCongress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof.\u201d U.S. Const. amend. I. The Religion Clauses extend to both legislative and judicial action, see Kreshik v. Saint Nicholas Cathedral, 363 U.S. 190, 191, 80 S.Ct. 1037, 4 L.Ed.2d 1140 (1960), and apply equally to state and federal laws, see Elk Grove Unified Sch. Dist. v. Newdow, 542 U.S. 1, 8, 124 S.Ct. 2301, 159 L.Ed.2d 98 (2004) (citing Cantwell v. Connecticut, 310 U.S. 296, 303, 60 S.Ct. 900, 84 L.Ed. 1213 (1940)). 2/22/25, 5:42 v (2006) \| FindLaw 6/23 The Free Exercise Clause protects not only the individual's \u201cright to believe and profess whatever religious doctrine one desires,\u201d Employment Division, Dep't of Human Resources of Oregon v. Smith, 494 U.S. 872, 877, 110 S.Ct. 1595, 108 L.Ed.2d 876 (1990), but also a religious institution's right to decide matters of faith, doctrine, and church governance. Kedroff v. St. Nicholas Cathedral, 344 U.S. 94, 116, 73 S.Ct. 143, 97 L.Ed. 120 (1952); see also Serbian Orthodox Diocese v. Milivojevich, 426 U.S. 696, 713, 96 S.Ct. 2372, 49 L.Ed.2d 151 (1976) (\u201c[C]ivil courts are bound to accept the decisions of the highest judicatories of a religious organization of hierarchical policy on matters of discipline, faith, internal organization, or ecclesiastical rule, custom, or law.\u201d) (emphasis added). In ministerial exception cases, those rights are interrelated. First, like an individual, a church in its collective capacity must be free to express religious beliefs, profess matters of faith, and communicate its religious message. Unlike an individual who can speak on her own behalf, however, the church as an institution must retain the corollary right to select its voice minister is not merely an employee of the church; she is the embodiment of its message minister serves as the church's public representative, its ambassador, and its voice to the faithful. Accordingly, the process of selecting a minister is per se a religious exercise. As the Fifth Circuit explained: \u201cThe relationship between an organized church and its ministers is its lifeblood. The minister is the chief instrument by which the church seeks to fulfill its purpose.\u201d McClure, 460 F.2d at 558-59. \u201cMatters touching this relationship must necessarily be recognized as of prime ecclesiastical concern.\u201d Id. at 559.9 Consequently, any restriction on the church's right to choose who will carry its spiritual message necessarily infringes upon its free exercise right to profess its beliefs. This right is squarely at issue in Petruska's First Amended Complaint. The second right protected by the Free Exercise Clause-the church's right to decide matters of governance and internal organization-is also implicated by Gannon's decision to restructure. The Vice President for Mission and Ministry and the University Chaplain at Gannon both serve spiritual functions- in other words, the primary duties of those employees include \u201cteaching, spreading the faith, church governance, supervision of a religious order, or supervision of participation in religious ritual and worship.\u201d 10 See Rayburn, 772 F.2d at 1169. Accordingly, Gannon's decisions regarding who to install in those positions and the manner in which their duties would be divided were decisions about who would perform those constitutionally protected spiritual functions. Those choices are protected from governmental interference by the Free Exercise Clause. The ministerial exception, as we conceive of it, operates to bar any claim, the resolution of which would limit a religious institution's right to select who will perform particular spiritual functions. Accordingly, in this case, the relevant question with respect to each of Petruska's claims is whether application of the state or federal law will limit Gannon's right to choose who performs particular spiritual functions on its behalf. Petruska asserts six claims in her First Amended Complaint: two violations of Title VII-discrimination and retaliation (Counts and II, respectively); fraudulent 2/22/25, 5:42 v (2006) \| FindLaw 7/23 misrepresentation (Count III); civil conspiracy (Count IV); breach of contract (Count V); and negligent supervision and retention (Count VI). We conclude that resolution of Counts I, II, IV, and would impose unconstitutional limits on Gannon's First Amendment right to the free exercise of religion. Consequently, we hold that they are barred by the ministerial exception. 1. Petruska's Title Claims Petruska alleges that Gannon demoted and constructively discharged her from her position as University Chaplain based on her gender and retaliated against her on the basis of her opposition to sexual harassment at the University. Her discrimination and retaliation claims are premised upon Gannon's decision to restructure, a decision which Petruska argues was merely pretext for gender discrimination. It is clear from the face of Petruska's complaint, however, that Gannon's choice to restructure constituted a decision about who would perform spiritual functions and about how those functions would be divided. Accordingly, application of Title VII's discrimination and retaliation provisions to Gannon's decision to restructure would violate the Free Exercise Clause.11 For that reason, Petruska's Title claims (Counts and II) should be dismissed. Petruska argues that Gannon waived its right to raise the ministerial exception as a defense by (1) failing to raise it before the EEOC; (2) accepting state and federal funds with conditions limiting discrimination; and (3) repeatedly and publicly representing itself as an equal opportunity employer. We find these arguments unpersuasive. First, as the District Court correctly noted, although a plaintiff has an obligation to exhaust her administrative remedies as a prerequisite to suit, we are aware of no authority that requires a defendant to proffer every possible defense or legal argument before the EEOC, much less to raise all constitutional challenges. Cf., e.g., McGinty v. New York, 251 F.3d 84, 93-94 (2d Cir.2001) (concluding that failure to raise Eleventh Amendment immunity as a defense did not result in waiver in subsequent federal court action under the ADEA); Marie v. Allied Home Mortgage Corp., 402 F.3d 1, 15 (1st Cir.2005) (holding that appellee did not waive right to raise arbitration defense in district court by failing to raise it before EEOC); Brennan v. King, 139 F.3d 258, 263 (1st Cir.1998) (same). Moreover, as a general rule, an administrative agency is not competent to determine constitutional issues. See, e.g, Weinberger v. Salfi, 422 U.S. 749, 765, 95 S.Ct. 2457, 45 L.Ed.2d 522 (1975) (\u201cExhaustion is generally required as a matter of preventing premature interference with agency process, so that the agency may function efficiently and so that it may have the opportunity to correct its own errors, to afford the parties and the courts the benefit of its experience and expertise, and to compile a record which is adequate for judicial review\u2024 Plainly these purposes have been served once the Secretary has satisfied himself that the only issue is the constitutionality, a matter which is beyond his jurisdiction to determine \u2024\u201d); but cf. Bethlehem Steel Corp. v. Occupational Safety and Health Review Commission, 607 F.2d 871, 876 (3d Cir.1979) 2/22/25, 5:42 v (2006) \| FindLaw 8/23 (concluding that in context of enforcement cases, \u201cthere are compelling reasons for insisting that fourth amendment claims for suppression of evidence \u2024 be tendered first to the Commission.\u201d). In this case, we can see no reason that the general rule regarding agencies' lack of competence to resolve constitutional claims should not apply. The has no special expertise to resolve First Amendment claims, nor is Gannon's assertion of the ministerial exception related to the EEOC's jurisdiction or administrative procedures. We therefore cannot conclude that Gannon's failure to raise the ministerial exception before the resulted in a waiver of its right to raise it in federal court.12 Second, Gannon did not \u201cwaive\u201d its First Amendment rights by representing itself as an \u201cequal opportunity employer\u201d or by accepting federal and state funds waiver is \u201can intentional relinquishment or abandonment of a known right or privilege.\u201d Johnson v. Zerbst, 304 U.S. 458, 464, 58 S.Ct. 1019, 82 L.Ed. 1461 (1938). \u201c \u2018[C]ourts indulge every reasonable presumption against waiver\u2019 of fundamental constitutional rights.\u201d Id. (citation omitted). Here neither Gannon's invocation of \u201cequal employer\u201d language nor its acceptance of funds constitutes a waiver of its First Amendment rights. By invoking the \u201cequal opportunity\u201d language, Gannon acknowledged only that it would comply with Title to the extent the statute applies to its employment decisions. It does not apply in this context. We thus agree that Gannon did not waive its right to raise the ministerial exception and we conclude that the District Court properly applied the exception to Petruska's Title claims. 2. Petruska's State Tort Law Claims Petruska's First Amended Complaint also contains three state tort claims: civil conspiracy (Count IV), negligent supervision and retention (Count VI), and fraudulent misrepresentation (Count III). The civil conspiracy 13 and negligent supervision 14 claims turn on Petruska's ability to prove that Gannon's restructuring constituted an unlawful or tortious act. Because the First Amendment protects Gannon's right to restructure-regardless of its reason for doing so-we cannot consider whether the act was unlawful or tortious and, therefore, these claims must be dismissed. By contrast, Petruska's fraudulent misrepresentation claim requires no such conclusion. To establish a claim for fraudulent misrepresentation, a plaintiff must prove: \u201c(1) a misrepresentation, (2) a fraudulent utterance thereof, (3) an intention by the maker that the recipient will thereby be induced to act, (4) justifiable reliance by the recipient upon the misrepresentation and (5) damage to the recipient as the proximate result.\u201d Martin v. Lancaster Battery Co., 530 Pa. 11, 19, 606 A.2d 444, 448 (Pa.1992). Unlike Petruska's civil conspiracy or negligent supervision claims, which require proof of the unlawful act or intentional harm, the resolution of Petruska's fraudulent misrepresentation claim does not turn on the lawfulness of the decision to restructure, but rather upon the truth or falsity of the assurances that she would be evaluated on her merits when she was initially appointed as University Chaplain in July of 1999. 2/22/25, 5:42 v (2006) \| FindLaw 9/23 Because the state's prohibition against fraud does not infringe upon Gannon's freedom to select its ministers, resolution of Petruska's fraudulent misrepresentation claim would not violate the Free Exercise Clause. Nevertheless, we conclude that Petruska has failed to plead fraud with particularity as required by Federal Rule of Civil Procedure 9(b), and accordingly, affirm the District Court's dismissal of that claim.15 See Christidis v. First Pennsylvania Mortg. Trust, 717 F.2d 96, 99 (3d Cir.1983) (indicating that the pleading requirements of Rule 9(b) \u201cappl[y] not only to fraud actions under federal statutes, but to fraud claims based on state law.\u201d). 3. Petruska's State Law Contract Claim In Count of her First Amended Complaint, Petruska alleges that pursuant to her contract with Gannon, she was entitled to serve on the President's Staff and lead the Chaplain's Division. She claims that by changing her responsibilities, Gannon breached its contract. On its face, application of state contract law does not involve government-imposed limits on Gannon's right to select its ministers: Unlike the duties under Title and state tort law, contractual obligations are entirely voluntary. As the court noted in Minker v. Baltimore Annual Conference of United Methodist Church, 894 F.2d 1354, 1360 (D.C.Cir.1990), \u201c[a] church is always free to burden its activities voluntarily through contract, and such contracts are fully enforceable in civil court.\u201d See also, e.g., Rayburn, 772 F.2d at 1171 (\u201cLike any other organization, [churches] may be held liable \u2024 upon their valid contracts.\u201d). Enforcement of a promise, willingly made and supported by consideration, in no way constitutes a state- imposed limit upon a church's free exercise rights. Accordingly, application of state law to Petruska's contract claim would not violate the Free Exercise Clause. B. The Establishment Clause Above and beyond its Free Exercise argument, Gannon contends that resolution of Petruska's claims would violate the Establishment Clause. Because we conclude that Petruska failed to plead fraud with specificity and that her Title VII, civil conspiracy, and negligent retention and supervision claims are barred by the Free Exercise Clause, we need not address those claims further. Petruska's claim for breach of contract, however, remains subject to review under the Establishment Clause. Based upon our analysis in Geary v. Visitation of the Blessed Virgin Mary Parish School, 7 F.3d 324 (3d Cir.1993), we cannot conclude that review of this claim would, at the outset, unconstitutionally entangle the court in religion, and we therefore remand it to the District Court. In Lemon v. Kurtzman, 403 U.S. 602, 612-13, 91 S.Ct. 2105, 29 L.Ed.2d 745 (1971), the Supreme Court set forth a three-prong test to determine the validity of a statute under the Establishment Clause: \u201cFirst, the statute must have a secular legislative purpose; second, its principal or primary effect must be one that neither advances nor inhibits religion; \u2024 and finally, the statute must not foster \u2018an excessive 2/22/25, 5:42 v (2006) \| FindLaw 10/23 government entanglement with religion.\u2019 \u201d Only the entanglement prong is at issue in evaluating Petruska's contract claim. Entanglement may be substantive-where the government is placed in the position of deciding between competing religious views-or procedural-where the state and church are pitted against one another in a protracted legal battle. See, e.g., Catholic Univ., 83 F.3d at 465. Therefore, courts typically consider the character of the claim, the nature of the remedy, and the presence or absence of a \u201cdirect conflict between the \u2024 secular prohibition and the proffered religious doctrine.\u201d Geary, 7 F.3d at 328. In Geary, the question presented was whether judicial review of a Catholic school teacher's Age Discrimination in Employment Act (ADEA) claims would excessively entangle the courts where the school's stated reason for the adverse employment decision was based on the plaintiff's marriage to a divorced man in violation of church doctrine. Id. We concluded that resolution of Geary's claims would not offend the Establishment Clause because the inquiry was limited to whether the school discriminated against Geary on the basis of her age and canceled her insurance in retaliation for her suit. Id. Geary did not challenge the validity of the religious doctrine; she merely claimed that the religious doctrine did not motivate the suit. Id. at 329. We therefore held that \u201cwhen the pretext inquiry neither traverses questions of the validity of religious beliefs nor forces a court to choose between parties' competing religious visions, that inquiry does not present a significant risk of entanglement.\u201d Id. at 330. The Court of Appeals for the District of Columbia Circuit took a similar approach to a minister's breach of contract claim in Minker, 894 F.2d at 1360. Minker involved a Methodist minister's claim that he was orally promised a more suitable pastorship, but was denied such a position based on his age. Id. at 1355. The Minker court affirmed the dismissal of the minister's and state law discrimination claim as well as a contract claim based on the Methodist Church's Book of Discipline, but reversed the dismissal with respect to the oral contract claim. Id. at 1359. The court acknowledged that inquiry into the church's reasons for failing to meet its contractual obligation could constitute excessive entanglement under the Establishment Clause, but nevertheless concluded that Minker's claim could \u201cbe adduced by a fairly direct inquiry\u201d into whether there was an offer, acceptance, consideration, and breach. Id. at 1360. The court further noted that if resolution of the contract claim required inquiry into the church's ecclesiastical policy, the district court could grant summary judgment on entanglement grounds. Although the ministerial exception does not apply to lay employees, we are presented with no principled reason to distinguish between clergymen and laity for purposes of determining whether resolution of a contract dispute will unduly entangle us under the Establishment Clause. Therefore, the question is whether Petruska's breach of contract claim can be decided without wading into doctrinal waters. Much like the claims in Geary and the oral contract claim in Minker, Petruska's breach of contract claim \u201cdo[es] not inevitably or even necessarily lead to government inquiry into [Gannon's] religious mission or 2/22/25, 5:42 v (2006) \| FindLaw 11/23 doctrines.\u201d Geary, 7 F.3d at 329. Resolution of this claim does not turn on an ecclesiastical inquiry-or, at least not at the outset. If Gannon's response to Petruska's allegations raise issues which would result in excessive entanglement, the claims may be dismissed on that basis on summary judgment. Such a conclusion, however, is not inevitably drawn from the face of Petruska's complaint. We will therefore remand this claim for further consideration by the District Court. IV. Conclusion The First Amendment protects a church's right to decide matters of faith and to declare its doctrine free from state interference church's ability to select who will perform particular spiritual functions is a necessary corollary to this right. The function of Petruska's position as University Chaplain was ministerial in nature, and therefore, her Title VII, civil conspiracy, and negligent retention and supervision claims-each of which directly turns on the propriety of Gannon's personnel decisions-must be dismissed. Likewise, Petruska's fraud claim was not plead with sufficient particularity to withstand a motion to dismiss. Accordingly, we will affirm the District Court's order with respect to these claims. For the reasons set forth above, however, we will be remand Petruska's contract claim for further consideration by the District Court 1. As discussed infra, Gannon's motion to dismiss was framed in the alternative. Although we conclude that it is most properly construed as a Rule 12(b)(6) motion, we note that the standard is the same when considering a facial attack under Rule 12(b)(1) or a motion to dismiss for failure to state a claim under Rule 12(b)(6). Mortensen, 549 F.2d at 891. 2. Petruska's activism with respect to gender and harassment-related issues was not limited to her role in the Rubino affair. In 1998, while she was still the Director of Social Concerns, Petruska served on the University's Sexual Harassment Committee. At the time of her appointment to that Committee, the University was in the process of revising its sexual harassment policy, and several of Gannon's lawyers had advocated limiting the time period in which grievances could be filed. Petruska opposed this proposal, and her view ultimately prevailed.Moreover, after she became chaplain and subsequent to Rubino's resignation, Petruska was appointed as Chair of Gannon's Institutional Integrity Committee. In this position, she was integrally involved in preparing a report for Gannon's Middle States accreditation, which criticized the University's policies and procedures related to discrimination and harassment. Despite a request from Gannon's President, the Committee refused to modify portions of its report which were critical of the University. 3. As the District Court correctly noted, there are two types of Rule 12(b)(1) motions: those that attack the complaint on its face and those that attack subject matter jurisdiction as a matter of fact. When considering a facial attack, \u201cthe Court must consider the allegations of the complaint as true,\u201d and 2/22/25, 5:42 v (2006) \| FindLaw 12/23 in that respect such a Rule 12(b)(1) motion is similar to a Rule 12(b)(6) motion. Mortensen, 549 F.2d at 891. However, as the court explained in Mortensen:The factual attack \u2024 differs greatly for here the trial court may proceed as it never could under 12(b)(6) or Fed.R.Civ.P. 56. Because at issue in a factual 12(b)(1) motion is the trial court's jurisdiction \u2024 there is substantial authority that the trial court is free to weigh the evidence and satisfy itself as to the existence of its power to hear the case. In short, no presumptive truthfulness attaches to plaintiff's allegations, and the existence of disputed material facts will not preclude the trial court from evaluating for itself the merits of jurisdictional claims. Moreover, the plaintiff will have the burden of proof that jurisdiction does in fact exist.Id. In this case, the District Court treated the motion as a facial attack, but construed Petruska's references to matters outside the pleadings as an informal request to amend her complaint. 4. Whereas some courts have derived the ministerial exception from the doctrine of constitutional avoidance, see, e.g., McClure v. Salvation Army, 460 F.2d 553, 560-61 (5th Cir.1972), others have determined that, under its plain language, Title applies to ministerial employment decisions, but they have nevertheless concluded that such an application is unconstitutional, see, e.g., Rayburn, 772 F.2d 1164, 1165-67 (4th Cir.1985). As a general rule, if there is a permissible construction of the statute which will not result in a \u201csignificant risk\u201d of constitutional infringement, we are to adopt that construction without reaching the constitutional question. Geary v. Visitation of the Blessed Virgin Mary Parish Sch., 7 F.3d 324, 327 (3d Cir.1993). We conclude, as did the Fourth Circuit, that such an approach is not possible in this case.Both the plain text of Title and its legislative history foreclose the possibility of imposing a limiting construction upon the statute. See Rayburn, 772 F.2d at 1165-67. As the Rayburn Court explained:While the language of \u00a7 702 [42 U.S.C. \u00a7 2000e-1] makes clear that religious institutions may base relevant hiring decisions upon religious preferences, Title does not confer upon religious organizations a license to make those same decisions on the basis of race, sex or national origin. The statutory exemption applies to one particular reason for employment decision-that based upon religious preference. It was open to Congress to exempt from Title the religious employer, not simply one basis of employment, and Congress plainly did not.Id. at 1166-67. Title VII's legislative history \u201creinforces the plain meaning of the statutory text.\u201d Id. at 1167. Although Congress has several times revisited the scope of the exemption for religious employers, it has never extended to such institutions the authority to discriminate on the basis of sex. See id. at 1167. Accordingly, we agree with the Fourth Circuit that Congress intended Title to apply to cases involving sexual discrimination and retaliation by religious institutions. We must therefore reach the constitutional question-i.e., whether application of Title to a ministerial employment relationship violates the First Amendment. 5. See, e.g v. Roman Catholic Diocese of Raleigh, 213 F.3d 795 (4th Cir.2000); Rayburn v. Gen'l Conf. of Seventh Day Adventists, 772 F.2d 1164 (4th Cir.1985); Combs v. Central Texas Annual Conf. of the United Methodist Church, 173 F.3d 343 (5th Cir.1999); McClure v. Salvation Army, 460 F.2d 553 (5th Cir.1972); Alicea-Hernandez v. Catholic Bishop of Chicago, 320 F.3d 698 (7th Cir.2003); Young v. 2/22/25, 5:42 v (2006) \| FindLaw 13/23 Northern Illinois Conf. of United Methodist Church, 21 F.3d 184 (7th Cir.1994); Scharon v. St. Luke's Episcopal Presbyterian Hosp., 929 F.2d 360 (8th Cir.1991); Elvig v. Calvin Presbyterian Church, 375 F.3d 951 (9th Cir.2004); Bollard v. Soc'y of Jesus, 196 F.3d 940 (9th Cir.1999); Gellington v. Christian Methodist Episcopal Church, 203 F.3d 1299 (11th Cir.2000 v. Catholic Univ. of Amer., 83 F.3d 455 (D.C.Cir.1996); see also Starkman v. Evans, 198 F.3d 173 (5th Cir.1999) (applying ministerial exception to Americans with Disabilities Act claim); Werft v. Desert Southwest Annual Conf. of the United Methodist Church, 377 F.3d 1099 (9th Cir.2004) (same).The First Circuit also addressed the application of the First Amendment to a minister's claims in Natal v. Christian Missionary Alliance, 878 F.2d 1575 (1st Cir.1989). Although the case involved state law claims rather than any federal employment discrimination law, the Court made clear that inquiry into allegations related to a minister's employment would be barred by the First Amendment. Specifically, it explained:Because of the difficulties inherent in separating the message from the messenger-a religious organization's fate is inextricably bound up with those whom it entrusts with the responsibilities of preaching its word and ministering to its adherents-Natal's case necessarily falls within the scope of the Court's monition. By its nature, the inquiry which Natal would have us undertake into the circumstances of his discharge plunges an inquisitor into a maelstrom of Church policy, administration, and governance. It is an inquiry barred by the Free Exercise Clause.Id. at 1578. 6. In evaluating whether a particular employee is subject to the ministerial exception, other circuits have concluded that the focus should be on the \u201cfunction of the position.\u201d Rayburn, 772 F.2d at 1168. As a general rule, an employee will be considered a minister if her primary duties include \u201cteaching, spreading the faith, church governance, supervision of a religious order, or supervision of participation in religious ritual and worship.\u201d Id. at 1169; see, e.g., Alicea-Hernandez, 320 F.3d at 703 (applying ministerial exception to Hispanic Communications Director who functioned as a \u201cpress secretary\u201d for the church); Starkman, 198 F.3d at 175-76 (holding that Choir Director at Methodist church was minister for purposes of First Amendment analysis); Catholic Univ., 83 F.3d at 455 (applying exception to professor of canon law at Catholic University). Although we do not view this list as exclusive, we agree that a focus on the function of an employee's position is the proper one. 7. See Rayburn, 772 F.2d at 1169 (\u201c[T]he free exercise clause of the First Amendment protects the act of a decision rather than a motivation behind it. In these sensitive areas, the state may no more require a minimum basis in doctrinal reasoning than it may supervise doctrinal content.\u201d); Combs, 173 F.3d at 350 (\u201cWe cannot conceive how the federal judiciary could determine whether an employment decision concerning a minister was based on legitimate grounds without inserting ourselves into a realm where the Constitution forbids us to tread.\u201d); Young, 21 F.3d at 186 (quoting Rayburn, 772 F.2d at 1169); Scharon, 929 F.2d at 363 (\u201cPersonnel decisions by church-affiliated institutions affecting clergy are per se religious matters and cannot be reviewed by civil courts for to review such decisions would require the courts to determine the meaning of religious doctrine and canonical law and to impose a secular court's view of whether in the context of the particular case religious doctrine and canonical law support 2/22/25, 5:42 v (2006) \| FindLaw 14/23 the decision the church authorities have made. This is precisely the kind of judicial second-guessing of decision-making by religious organizations that the Free Exercise Clause forbids.\u201d) (citations omitted); Bollard, 196 F.3d at 947 (indicating that a \u201cJesuit order's choice of representative\u201d is ordinarily \u201ca decision to which we would simply defer without further inquiry\u201d); Minker, 894 F.2d at 1357 (finding that court need not determine whether reasons for employment decision were \u201cindependently ecclesiastical in nature\u201d to apply ministerial exception).The Eleventh Circuit has recognized the ministerial exception, see Gellington, 203 F.3d 1299, but has not directly addressed whether the exception applies without regard to motive. We note, however, that the Gellington Court seemed to tacitly approve of a conclusion by the Fifth Circuit that \u201cthe constitutional protection of religious freedom afforded to churches in employment actions involving clergy exists even when such actions are not based on issues of church doctrine or ecclesiastical law.\u201d Gellington, 203 F.3d at 1303 (citing Combs, 173 F.3d at 350). 8. Although our sister circuits seem to agree that the ministerial exception is grounded in the First Amendment, their rationales for adopting the exception-as opposed to undertaking some other remedial action-is often less clear. As concerns remedy, the Supreme Court's recent decision in Ayotte v. Planned Parenthood of Northern New England, 546 U.S. 320, 126 S.Ct. 961, 163 L.Ed.2d 812 (2006), indicates that a narrow exception to prevent the unconstitutional enforcement of Title is the proper remedy.In Ayotte, the Supreme Court considered the appropriate judicial response where the enforcement of a statute would render an unconstitutional result. It held that \u201cinvalidating [a] statute entirely is not always necessary or justified\u201d where courts are \u201cable to render narrower declaratory and injunctive relief.\u201d Id. at 964. The Court explained:Generally speaking, when confronting a constitutional flaw in a statute, we try to limit the solution to the problem. We prefer, for example to enjoin only the unconstitutional applications of a statute while leaving the other applications in force, see United States v. Raines, 362 U.S. 17, 20-22, 80 S.Ct. 519, 4 L.Ed.2d 524 (1960), or to sever its problematic portions while leaving the remainder in tact, United States v. Booker, 543 U.S. 220, 227-29, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005).Id. at 967.The Ayotte Court set forth several guiding principles to \u201cinform our approach to remedies.\u201d Id. It explained that the courts should not engage in \u201cquintessentially legislative work,\u201d and accordingly, cautioned that we should not endeavor to draw lines where doing so would be \u201cinherently complex.\u201d Id. at 968. The Court also instructed us to consider the intent of the legislature: In other words, we must ask whether the legislature would \u201chave preferred what is left of its statute or no statute at all[.]\u201d Id. Finally, in selecting a remedy, we must \u201ctry not to nullify more of a legislature's work than is necessary\u2024\u201d Id. at 967.In this case, we conclude that application of the ministerial exception is not \u201cinherently complex\u201d: It requires federal courts to determine only whether the resolution of the plaintiff's claim would limit a church's right to choose who will perform particular spiritual functions. Further, we agree with the implied findings of our sister circuits that Congress would prefer a tailored exception to Title than a complete invalidation of the statute. Finally, our remedy is limited: It does not apply to all employment decisions by religious institutions, nor does it apply to all claims by ministers. It applies only to claims involving a religious institution's choice as to who will perform 2/22/25, 5:42 v (2006) \| FindLaw 15/23 spiritual functions. We also note that this is the \u201cfinely drawn\u201d remedy requested by Gannon. See id. at 969 (noting that the parties recognized the possibility of a \u201cmodest remedy\u201d). Accordingly, we conclude that the ministerial exception is the proper response to the constitutional defect in Title VII. 9. In addition to their role within the religious organization, ministers also have a direct relationship with a church's members: Ministers marry their children and bury their parents; they act as their spiritual counselors and serve as their moral advisors. To these members, the selection of a minister is undoubtedly a question of religious concern. 10. Petruska argues that she was not a \u201cchaplain\u201d as that term is understood in the Roman Catholic Church, nor did she have any written job requirements which specifically defined her position at the University. Nevertheless, Petruska's own complaint establishes that her primary duties involved ministerial functions. Among other things, Petruska alleges that she served as co-chair for the Catholic Identity Task Force, held prayer services, and was traditionally involved in planning liturgies. Moreover, as the District Court correctly noted, her own \u201cperformance objectives\u201d included \u201cdevelop[ing] strategies to increase participation in sacramental life of [the] Gannon community.\u201d It is clear from the face of Petruska's complaint that the functions she performed as University Chaplain were ministerial in nature.With respect to the Vice President of Mission and Ministry position, Petruska alleges that Rouch was installed in that role and served in a supervisory capacity over the Chaplain's Division. To the extent that the Vice President of Mission and Ministry supervises spiritual functionaries, at least some of the functions he performs are, by definition, spiritual ones. 11. We acknowledge that it may not always be clear whether a minister's Title claim involves a church's decision regarding who will perform spiritual functions. For example, in Elvig v. Calvin Presbyterian Church, 375 F.3d 951, 955 (9th Cir.2004), the Ninth Circuit considered a Presbyterian minister's claims that she was sexually harassed and subject to retaliation by her supervising pastor. The Elvig Court recognized that a church's decisions in selecting its clergy are protected by the First Amendment and held that to the extent that a plaintiff's claims implicated ministerial employment decisions, the claims were foreclosed. Nevertheless, over a vigorous dissent, the Court concluded that, in that case, the sexual harassment, hostile work environment, and retaliation claims (verbal abuse and intimidation) did not implicate protected employment decisions. It therefore reversed the district court's order dismissing those claims.In Petruska's case, the retaliatory conduct at issue is the employment decision itself, which Elvig recognizes as a decision protected by the Free Exercise Clause. Because Petruska does not raise a sexual harassment or hostile work environment claim, and because the retaliatory conduct she alleges constitutes a protected choice, we need not decide today whether the types of claims at issue in Elvig would fall within the ministerial exception to Title VII. 12. Petruska cites no persuasive authority to support her contention that Gannon is precluded from raising the ministerial exception for the first time in federal district court. The only case to which she 2/22/25, 5:42 v (2006) \| FindLaw 16/23 points in support of this argument is the Ninth Circuit's decision in Marshall v. Able Contractors, Inc., 573 F.2d 1055, 1057 (9th Cir.1978). That case is inapposite. At issue in Marshall was a district court's order compelling the plaintiff to submit to inspections. The Ninth Circuit held that an agency should make a determination as to its own jurisdiction before a federal court considers it. In this respect, Marshall stands only for the proposition that an agency is entitled to consider its own jurisdiction and procedural requirements in the first instance. 13. Civil conspiracy requires proof that two or more persons combined to do an unlawful act or to do an otherwise lawful act by unlawful means. See, e.g., Thompson Coal Co. v. Pike Coal, 488 Pa. 198, 211, 412 A.2d 466 (Pa.1979). In this case, the alleged underlying unlawful act is the violation of Title VII. 14. Under Pennsylvania law, an employer may be liable for negligent supervision \u201cwhere the employer fails to exercise ordinary care to prevent an intentional harm to a third party which (1) is committed on the employer's premises by an employee acting outside the scope of his employment and (2) is reasonably foreseeable.\u201d Mullen v. Topper's Salon & Health Spa, Inc., 99 F.Supp.2d 553, 556 (E.D.Pa.2000) (citations omitted). Although Petruska's First Amended Complaint is replete with references to the current priest sexual abuse scandals and allegations that Bishop Trautman covered up harassment and abuse directed towards other individuals, the only intentional harm to which she claims she was personally subjected is the underlying discrimination and retaliation. 15. In affirming the dismissal of Petruska's fraudulent misrepresentation claim on this basis, we anticipate that the District Court will afford her the opportunity to file an amended complaint. Borelli v. City of Reading, 532 F.2d 950 (3d Cir.1976). Should she file an amended complaint which complies with the particularity requirement of Rule 9(b), the District Court is instructed to evaluate her claim consistent with the analysis set forth in section III.B. of this Opinion. SMITH, Circuit Judge. Was this helpful? Yes No 2/22/25, 5:42 v (2006) \| FindLaw 17/23 Welcome to FindLaw's Cases & Codes free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law. Go to Learn About the Law v (2006) Docket No: No. 05-1222. Decided: September 06, 2006 Court: United States Court of Appeals,Third Circuit. 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Terms > \| Privacy > \| Disclaimer > \| Cookies > 2/22/25, 5:42 v (2006) \| FindLaw 23/23", "7344_103.pdf": "From Casetext: Smarter Legal Research Petruska v. Gannon University United States District Court, W.D. Pennsylvania Oct 19, 2007 1:04-cv-80 (W.D. Pa. Oct. 19, 2007) Copy Citation Download Check Treatment Meet CoCounsel, pioneering that\u2019s secure, reliable, and trained for the law. Try CoCounsel free 1:04-cv-80-SJM. October 19, 2007 McLAUGHLIN, District Judge Presently pending before me in the above-captioned matter is a motion by Plaintiff, Lynette M. Petruska, seeking my disqualification as presiding judge Sign In Search all cases and statutes... Opinion Case details 2/22/25, 5:42 Petruska v. Gannon University, 1:04-cv-80 \| Casetext Search + Citator 1/8 in the case. The named Defendants are Gannon University, Bishop Donald W. Trautman, Bishop of the Roman Catholic Diocese of Erie and Chairman of the Gannon Board of Trustees, Antoine Garibaldi, President of Gannon University, Msgr. David Rubino, former President of Gannon University, and Rev. Nicholas Rouch, part-time Vice President for Mission and Ministry at Gannon. In addition, the Plaintiff has sued in their official capacities numerous members of Gannon's Board of Trustees. Gannon University is a private Roman Catholic university. The Plaintiff's claims as set forth in her First Amended Complaint asserted causes of action for gender-based employment discrimination under Title VII, fraudulent misrepresentation, civil conspiracy, breach of contract, and negligent supervision and/or retention of university officials or board members. Pursuant to a ruling entered by me on December 27, 2004, and subsequently affirmed in part on appeal, only Plaintiff's claims for fraudulent misrepresentation and breach of contract presently remain in the 2 case. The other claims were dismissed pursuant to the so-called \"ministerial exception\" \u2014 a doctrine arising from the Free Exercise Clause of the First Amendment. 1 2 2 1 See Petruska v. Gannon University, 350 F. Supp. 2d 666 (W.D. Pa. 2004), aff'd in part and remanded in part, 462 F.3d 294 (3d Cir. 2006), cert. denied, 127 S. Ct. 2098 (U.S. Apr. 23, 2007) (No. 06-985). 2 Plaintiff has filed a motion seeking to assert various additional claims, but this matter has not yet been ruled on. Plaintiff asserts that recusal herein is appropriate under 28 U.S.C. \u00a7 455(a) on the theory that my impartiality in the instant matter might reasonably be questioned. In support of this assertion, Plaintiff states: Upon information and belief, the district court judge is Roman Catholic and was educated by the Sisters of St. Joseph, members of which community are Defendants in this cause of action. As a result of the district court judge's religious affiliation, the court must sit in judgment of Bishop Trautman, who is the leader of the denomination with which the district court judge is affiliated. It is unknown whether the district court judge has a social relationship 2/22/25, 5:42 Petruska v. Gannon University, 1:04-cv-80 \| Casetext Search + Citator 2/8 with one or more of the named defendants in this cause of action. Plaintiff should be permitted to voir dire the district court judge as to his social relationships with the Defendants in the instant cause of action as part of this motion, particularly in light of the small size of Erie, Pennsylvania, with a population of approximately 100,000 residents. (Mot. to Disqualify Judge by Lynette M. Petruska [83] at p. 2, \u00b6 4.) Pursuant to \u00a7 455(a), a presiding federal judge \"shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned.\" 28 U.S.C. \u00a7 455(a). The test for recusal is whether a \"reasonable person, with knowledge of all the facts, would conclude that the judge's impartiality might reasonably be questioned.\" In re Kensington Intern. Ltd., 368 F.3d 289, 301 (3d Cir. 2004). In making this determination, the court must consider how the facts would appear to a \"well-informed, thoughtful and objective observer, rather than the hypersensitive, cynical, and suspicious person.\" U.S. v. Jordan, 49 F.3d 152, 156 (5th Cir. 1995). Accord Clemens v. United States District Court for the Central District of California, 428 F.3d 1175, 1178 (9 Cir. 2005); Matter of Mason, 916 F.2d 384, 386 (7 Cir. 1990). th th Plaintiff's first basis for disqualification is my religious affiliation with the Roman Catholic Church and educational background find that this is not sufficient cause to 3 warrant disqualification under \u00a7 455(a). Significantly, in a case similar to the case at bar in which the district court had dismissed the plaintiff's sexual harassment action against her Episcopal church on the basis of the \"church autonomy doctrine,\" the Tenth Circuit Court of Appeals held that the district court judge did not abuse his discretion in declining to recuse from the case where plaintiffs had argued for disqualification based on the judge's membership in the Episcopal Church. See Bryce v. Episcopal Church in the Diocese of Colorado, 289 F.3d 648, 659-60 (10 Cir. 2002). In Bryce, the Tenth Circuit noted that \"courts have consistently held that membership in a church does not create sufficient appearance of bias to require recusal.\" Id. at 660 (citing cases). In fact, many courts have held that a judge's religious affiliation is not sufficient to warrant recusal under \u00a7 455(a). See In re McCarthey, 368 F.3d 1266, 1270 (10 Cir. 2004) (in litigation involving a dispute over the ownership and control of the largest Utah 3 th th 2/22/25, 5:42 Petruska v. Gannon University, 1:04-cv-80 \| Casetext Search + Citator 3/8 newspaper where one of the parties was a publishing company owned by the Church of Jesus Christ of Latter-Day Saints, the fact that the presiding judge belonged to and contributed to the Mormon Church \"would never be enough to disqualify him\" from presiding over the litigation); Menora v. Ill. High Sch. Ass'n, 527 F.Supp. 632, 634-36 (N.D.Ill. 1981) (judge declined to recuse on the basis of his Jewish faith, rejecting the implicit assumption that members of a religious organization necessarily agree with the positions of the organization's governing body); State of Idaho v. Freeman, 507 F. Supp. 709, 729 (D. Idaho 1981) (judge's background associations, which would include his religious affiliations, should not be considered as grounds for disqualification; thus, judge did not need to recuse where he had been a leader in a church that had taken a public position on the matter before the court) (citation omitted). Accord Feminist Women's Health Center v. Codispoti, 69 F.3d 399 (9th Cir. 1995) (Noonan, Circuit Judge on recusal motion) (appellate judge's status as a Roman Catholic did not disqualify him from hearing case involving abortion clinic; such disqualification would conflict with the constitutional prohibition against the use of any religious test as a qualification for public office). 4 4 Plaintiff posits that \"[i]f the court is . . . sitting in judgment over defendants, who are friends and/or those with whom the court has a social relationship, particularly in a small city like Erie, this would be a case in which the impartiality of the district court might reasonably be questioned, requiring the disqualification of the court.\" (Mot. to Disqualify at p. 5, \u00b6 18.) She asserts that she \"should be permitted to voir dire the district court judge as to his social relationships with the Defendants in the instant cause of action as part of this motion\" before the case proceeds further. (Motion to Disqualify at p. 2, \u00b6 4.) Plaintiff cites no precedent or authority for such a procedure and, in fact, there are sound policies counseling against it. As one court has noted: Embroiling the presiding judge in the adversarial processes of any case is not only unseemly, it is calculated to give rise at the least to a resulting appearance of bias against the aggressor litigant although, as previously noted, that species of boot strap bias cannot be recognized, as a matter of law, as a disqualifying circumstance. To do so would simply invite manipulated harassment by any lawyer 2/22/25, 5:42 Petruska v. Gannon University, 1:04-cv-80 \| Casetext Search + Citator 4/8 Cheeves v. Southern Clays, Inc., 797 F. Supp. 1570, 1582-83 (M.D. Ga. 1992) (holding that compulsory discovery process addressed to the presiding judge in aid of a motion to disqualify that judge pursuant to 28 U.S.C. \u00a7\u00a7 144 and 455(a) is not available to a litigant upon initial presentation of the motion or the request for such discovery in the district court). Accord In re McCarthey, 368 F.3d at 1270 (\"Section 455 does not provide for discovery, and no case we have reviewed has endorsed such a procedure.\"). unscrupulous enough to willingly embark on a course of conduct designed to disqualify an otherwise impartial judge whose views are thought to be adverse to the interests of the client. Such a tactic would, at worst, cause an unjustified voluntary disqualification of the presiding judge or, at least, cause endless delay in the litigation while those maneuvers are in process. The Court does not maintain a close personal or social relationship with any Defendant in this case such that its impartiality might reasonably be questioned am not personally acquainted with Msgr. David Rubino, Antoine Garibaldi, or the Rev. Nicholas Rouch. Nor have had any personal contact with Bishop Trautman, with the exception of exchanging greetings when we crossed paths in an airport approximately 5 twelve years ago. 5 am not personally acquainted with the overwhelming majority of the Board Defendants. As to the remainder, my acquaintanceship is casual and my contact over the years has been infrequent and has primarily arisen in connection with my judicial duties or at events such as bar association functions, charitable/fundraising events, athletic events, funerals, dedication ceremonies, and the like. With the exception of Judge Domitrovich, who periodically participates in Naturalization Ceremonies at the federal courthouse, and perhaps a few others whom have encountered by chance on the street or at some other public place have had (to the best of my recollection) no contact in years with any of the other Defendants with whom am casually acquainted. Such casual and infrequent contact is not sufficient to warrant recusal under \u00a7 455(a). See, e.g., In re Cooke, 160 B.R. 701, 706 (Bankr. D. Conn. 1993) (\"[A] 2/22/25, 5:42 Petruska v. Gannon University, 1:04-cv-80 \| Casetext Search + Citator 5/8 Id. See also Sexson v. Servaas, 830 F. Supp. 475, 482 (S.D. Ind. 1993) (\"Merely knowing other persons . . . [including party and potential witnesses], and being associated with them can take place in many ways, and that alone creates neither an impropriety nor an appearance of partiality. Indeed, aside from relegating judges to an existence akin to that of a monk, they are unavoidable.\") (footnote omitted). judge's mere acquaintance with a party or witness is not sufficient to call into question that judge's impartiality.\") (citing cases). Indeed, [a] judge is neither required nor encouraged to forego social interaction and involvement upon assuming his or her office. As noted in the commentary to Canon 5A of the Code of Conduct for United States Judges: \"Complete separation of a judge from extra- judicial activities is neither possible nor wise; a judge should not become isolated from the society in which the judge lives.\" Plaintiff's remaining stated grounds for disqualification involve matters intrinsic to these judicial proceedings, including the timing of my December 27, 2004 ruling relative to a motion to dismiss the pleadings and my recent decision first to reschedule, and then cancel, oral argument on a pending motion to amend the First Amended Complaint. These matters do not state an adequate basis for recusal under \u00a7 455(a), 6 because they concern aspects of the judicial proceeding at hand. Generally, \"beliefs or opinions which merit recusal must involve an extrajudicial factor.\" Selkridge v. United of Omaha Life Ins. Co., 360 F.3d 155, 167 (3d Cir. 2004) (internal quotation marks and citation omitted). Absent the existence of such an extrajudicial factor, the record must evince a \"deep-seated favoritism or antagonism [on the part of the judge] that would make fair judgment impossible.\" Liteky v. United states, 510 U.S. 540, 555 (1994). No such finding could be made on this record. 6 motion to disqualify a federal district judge is committed to the sound discretion of the district judge. Sensley v. Albritton, 385 F.3d 591, 598 (5 Cir. 2004) (citation omitted). Here, there is no basis for disqualification based upon my religious affiliation, my educational background, or my limited professional and/or social contacts with any of the named Defendants in this th 2/22/25, 5:42 Petruska v. Gannon University, 1:04-cv-80 \| Casetext Search + Citator 6/8 case. Moreover, the record could not support a finding of an extrajudicial factor causing impartiality or such a high degree of favoritism or antagonism on my part as to make fair judgment in future proceedings impossible. Finally, it should be noted that, where issues of recusal arise, \"a federal judge has a duty to sit where not disqualified which is equally as strong as the duty to not sit where disqualified.\" Laird v. Tatum, 409 U.S. 824, 837 (1972) (Per Mr. Justice Rehnquist, on motion to recuse). See also Clemens, 428 F.3d at 1179; Sensley, 385 F.3d at 598-99; Nichols v. Alley, 71 F.3d 347, 351 (10 Cir. 1995). th AND, now, to wit, this 19 day of October, 2007, based upon all of the foregoing reasons, th that Plaintiff's Motion [83] to Disqualify the undersigned from presiding over the above-captioned case is DENIED. About us Jobs News Twitter Facebook LinkedIn Instagram Help articles Customer support Contact sales Cookie Settings 2/22/25, 5:42 Petruska v. Gannon University, 1:04-cv-80 \| Casetext Search + Citator 7/8 Do Not Sell or Share My Personal Information/Limit the Use of My Sensitive Personal Information Privacy Terms \u00a9 2024 Casetext Inc. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 2/22/25, 5:42 Petruska v. Gannon University, 1:04-cv-80 \| Casetext Search + Citator 8/8", "7344_104.pdf": "Lynette M. Petruska, Appellant v. Gannon University; the Board of Trustees of Gannon University; William I. Alford, Ii; Robert H. Allshouse; Joseph F. Allison; Michael P. Allison, Re v. ; James A. Baldauf; L. Scott Barnard; George J. Behringer; Arnold E. Bergquist; Lawrence E. Brandt, Re v. Msgr.; Robert L. Brugger, Re v. Msgr.; Donald M. Carlson; Daniel C. Carneval, D.o.; Stephanie Domitrovich, Hon.; Thomas L. Doolin; James J. Duratz; Antoine M. Garibaldi; Thomas C. Guelcher; William M. Hilbert, Sr.; Brian J. Jackman; James W. Keim, Jr.; Mary Rita Kuhn,sr., Ssj; Thomas J. Loftus; Anne C. Mccallion; Joseph T. Messina; Michael J. Nuttall; John E. Paganie; Denise Illig Robison; James J. 2/22/25, 5:42 Lynette M. Petruska, Appellant v. Gannon University; the Board of Trustees of Gannon University; William I. Alford, Ii; Robert H. Alls\u2026 1/39 Rutkowski, Jr.; James A. Schaffner; Helen M. Schilling, M.d., D.d.s.; John M. Schultz, Very Re v. ; Robert J. Smith, Re v. Msgr.; Lawrence T. Speice, Re v. Msgr.; William C. Springer; James G. Toohey; Donald W. Trautman, Bishop; Anastasia Valimont, Sr. Ssj; Ricarda Vincent, Sr. Ssj; Melvin Witherspoon; All Other Known and Unknown Members of the Board of Trustees of Gannon University During the Tenure of Donald W. Trautman, As Members of the Board of Trustees of Gannon University; David Rubino, Msgr., in Their Individual and Official Capacities; Nicholas Rouch, Re v. , in Their Individual and Official Capacities, 448 F.3d 615 (3d Cir. 2006 Court of Appeals for the Third Circuit - 448 F.3d 615 (3d Cir. 2006) Argued October 20, 2005 May 24, 2006 2/22/25, 5:42 Lynette M. Petruska, Appellant v. Gannon University; the Board of Trustees of Gannon University; William I. Alford, Ii; Robert H. Alls\u2026 2/39 C. John Pleban (Argued), Pleban & Associates, St. Louis, Missouri, for Appellant. Evan C. Rudert (Argued), Elderkin, Martin, Kelly & Messina, Erie, Pennsylvania, Kenneth W. Wargo, Frank L. Kroto, Jr. (Argued), Quinn, Buseck, Leemhuis, Toohey & Kroto, Erie, Pennsylvania, for Appellees. Phillip J. Murren, Ball, Murren & Connell, Camp Hill, Pennsylvania, for Amicus-Appellee. Before SMITH, BECKER, and NYGAARD, Circuit Judges. SMITH, J., concurring in part and dissenting in part BECKER, Circuit Judge. The ministerial exception to Title VII, a doctrine adopted by numerous courts, exempts religious organizations from employment discrimination suits brought by ministers. Grounded in the Establishment and Free Exercise Clauses of the United States Constitution, the ministerial exception was created to protect church autonomy and avoid entangling government in religious affairs. This case requires us to determine the reach of the ministerial exception in this Circuit. We adopt a carefully tailored version of the ministerial exception. Where otherwise illegal discrimination is based on religious belief, religious doctrine, or the internal regulations of a church, the First Amendment exempts religious institutions from Title VII. In such cases, restricting a church's freedom to select its ministers would violate the Free Exercise Clause by inhibiting the church's ability to express its beliefs and put them into practice. Furthermore, questions about religious matters would pervade litigation, entangling courts in ecclesiastical matters and violating the Establishment Clause. But where a church discriminates for reasons unrelated to religion, we hold that the Constitution does not foreclose Title suits. Employment discrimination unconnected to religious belief, religious doctrine, or the internal regulations of a church is simply the exercise of intolerance, not the free exercise of religion that the Constitution protects. Furthermore, in adjudicating suits that do not involve religious rationales for employment action, courts need not consider questions of religious belief, religious doctrine, or internal 1 2/22/25, 5:42 Lynette M. Petruska, Appellant v. Gannon University; the Board of Trustees of Gannon University; William I. Alford, Ii; Robert H. Alls\u2026 3/39 church regulation, a process that would violate the Establishment Clause by entangling courts in religious affairs. Lynette Petruska brings suit against Gannon University, a Catholic institution, and various Gannon University officials (collectively, \"Gannon\"). She alleges in replete detail that Gannon, acting without any religious or ecclesiastical motivation, demoted her because she is a woman and because she opposed sexual harassment by Gannon officials. The District Court granted Gannon's motion to dismiss Petruska's Title claims under Federal Rule of Civil Procedure 12(b) (1), reasoning that the ministerial exception barred these claims. As we explain below, a motion such as Gannon's is more properly dealt with under Rule 12(b) (6), which requires us to treat Petruska's allegations as true. Accordingly, we assume that Gannon lacked a religious rationale for Petruska's demotion. We will therefore reverse the dismissal of her Title claims. Petruska also asserts state law causes of action for breach of contract, fraudulent misrepresentation, negligent supervision and retention, and civil conspiracy. The District Court dismissed these claims under Rule 12(b) (1), reasoning that the religion clauses removed jurisdiction. Reviewing the dismissal under Rule 12(b) (6), we cannot conclude at this stage of litigation that these claims will require an examination of matters of faith, doctrine, or internal church regulation. Therefore, they are not barred by the religion clauses. The facts set forth below are drawn from Petruska's First Amended Complaint, which we must accept as true for purposes of a Rule 12(b) (6) motion. Gannon University is a Catholic diocesan college located in Erie, Pennsylvania. Gannon hired Petruska as the university's Director of Social Concerns in July of 1997. Petruska was appointed permanent chaplain on July 1, 1999. She was to be the first female chaplain in Gannon's history. Prior to accepting the position, Petruska sought assurances from Gannon's President, David Rubino, that she would not be replaced when Reverend Nicholas Rouch, a former Gannon chaplain who had left to study in Rome, returned, or when another male became available. She submits that she requested these assurances due to: (1) a policy or practice of gender discrimination at Gannon; (2) her knowledge that the position of chaplain had been promised to Rouch upon his return; and (3) the reputation of Bishop Donald Trautman, chair of Gannon's Board of Directors, for being unable to work with women and for removing women from leadership positions. Rubino assured Petruska that decisions regarding her tenure as chaplain would be based solely on her performance, and not her gender. 2 3 2/22/25, 5:42 Lynette M. Petruska, Appellant v. Gannon University; the Board of Trustees of Gannon University; William I. Alford, Ii; Robert H. Alls\u2026 4/39 Petruska's role as chaplain was essentially that of a vice president. She served in a cabinet- level position on the President's staff and was co-chair of Gannon's Catholic Identity Task Force. Petruska's religious duties included holding prayer services and planning liturgies. Several months after Petruska's appointment, in March of 2000, Rubino was forced to take a leave of absence when he was accused of having a sexual affair with a female subordinate. Rubino admitted the affair to various university officials. Thereafter, a different female employee accused Rubino of sexual harassment. Petruska was instrumental in bringing this claim to the attention of Trautman and Provost Thomas Ostrowski. Rubino resigned in May of 2000 and Ostrowski was appointed acting President. At Trautman's behest, Gannon then began a campaign to conceal Rubino's misconduct. Petruska served on Gannon's Sexual Harassment Committee as the university was in the process of revising its sexual harassment policy. Although several of Gannon's lawyers advocated limiting the time period in which grievances could be filed, Petruska opposed this proposal, and her view ultimately prevailed. Petruska was also involved in preparing a report that criticized Gannon's discrimination and harassment policies. Despite a request from Gannon's President, the committee that prepared the report refused to modify portions criticizing the university. In July of 2000, Ostrowski, then serving as acting President, met with Trautman, as well as Rouch, who had returned from Rome. Trautman told Ostrowski to place the Chaplain's Division under the control of Rouch, thereby making Petruska Rouch's subordinate. Ostrowski refused. Ostrowski told Petruska about Trautman's plan and asked Petruska how she would respond if the Chaplain's Division were placed under Rouch's leadership. According to Petruska, Ostrowski conceded that the proposed action was being taken solely on the basis of Petruska's gender. Later, Ostrowski \"made it clear to [Petruska] that Trautman and Rouch would never let her remain Chaplain at Gannon because of her gender.\" In a January 2001 meeting, Ostrowski was informed that once a new President was appointed, Trautman intended to \"clean house\" by removing three high-ranking university officials, all of whom were female: Petruska, the Executive Director of Admissions, and the acting Provost. In May of 2001, Antoine Garibaldi was appointed President of Gannon. As President, Garibaldi required Rouch's approval of all important decisions that Petruska, as chaplain, ordinarily made. 4 2/22/25, 5:42 Lynette M. Petruska, Appellant v. Gannon University; the Board of Trustees of Gannon University; William I. Alford, Ii; Robert H. Alls\u2026 5/39 In August of 2002, Garibaldi notified Petruska that he had decided to restructure the university, that she would be removed from the President's Staff, and that the Chaplain's Division would report to Rouch. The effect of the restructuring was to make Rouch Petruska's boss. After a series of events convinced Petruska that she was on the verge of being fired, she tendered her resignation in October of 2002. After Petruska's resignation, Rouch repeatedly told Gannon students and staff that a woman would not be considered to replace Petruska as chaplain. Petruska filed this action in the District Court for the Western District of Pennsylvania against Gannon University, Gannon's Board of Trustees, and various Gannon officials. Petruska asserted six claims, naming some or all of the defendants in the following counts: (1) Title sex discrimination; (2) Title retaliation; (3) fraudulent misrepresentation; (4) civil conspiracy; (5) breach of contract; and (6) negligent supervision and retention. The District Court granted Gannon's motion to dismiss the complaint under Federal Rule of Civil Procedure 12(b) (1), concluding that the religion clauses barred adjudication of Petruska's claims. Federal courts have long struggled to balance state regulation and religious freedom. See, e.g., Serbian Eastern Orthodox Diocese v. Milivojevich, 426 U.S. 696, 96 S. Ct. 2372, 49 L. Ed. 2d 151 (1976). In the employment context, the source of this conflict is readily apparent. The government possesses a vital interest in promoting equality in the workplace, but this interest at times collides with the constitutional right of a religious institution to be free from excessive state interference. In balancing these competing interests, several courts have applied the ministerial exception, which exempts religious institutions from Title suits brought by employees charged with ministerial duties. In McClure v. Salvation Army, 460 F.2d 553, 555 (5th Cir. 1972), the seminal case on the ministerial exception, a female officer of the Salvation Army alleged that she received a lower salary and fewer benefits than male employees, and that she was discharged for complaining of these disparities. The Fifth Circuit held that the First Amendment barred the former officer's claim, stating: The relationship between an organized church and its ministers is its lifeblood. The minister is the chief instrument by which the church seeks to fulfill its purpose. Matters touching this relationship must necessarily be recognized as of prime ecclesiastical concern. 5 2/22/25, 5:42 Lynette M. Petruska, Appellant v. Gannon University; the Board of Trustees of Gannon University; William I. Alford, Ii; Robert H. Alls\u2026 6/39 Id. at 558-59. Seven federal circuits now recognize the ministerial exception. Six have held that the exception applies regardless of whether the motive for the discrimination is religious in nature. In evaluating whether a particular employee's suit is subject to the ministerial exception, the essential question is whether the employee's \"primary functions\" serve the \"spiritual and pastoral mission\" of a church. E.E.O.C. v. Catholic Univ. of Am., 83 F.3d 455, 463 (D.C. Cir. 1996). Courts have derived the ministerial exception both through direct constitutional analysis and by applying the doctrine that ambiguous statutes must be interpreted to avoid significant constitutional risks. The Fourth Circuit determined that Title applies by its clear language to ministerial employment decisions. See Rayburn v. Gen. Conf. of Seventh- Day Adventists, 772 F.2d 1164, 1165-67 (4th Cir. 1985). The Court therefore reached the direct constitutional question and held that the religion clauses bar employment suits by ministers. See id. at 1165-72; see also Scharon, 929 F.2d at 361-63. McClure, however, applied the constitutional avoidance doctrine and reasoned that Title does not apply unambiguously to the hiring and firing of ministers. See 460 F.2d at 560-61. Courts have also derived the ministerial exception from different constitutional provisions. Some have concluded that the Free Exercise Clause commands the exception, whereas others have opined that the exception is rooted in both the Free Exercise Clause and the Establishment Clause. Our survey of Court of Appeals decisions has revealed three explanations of why the Constitution may require the ministerial exception. We delineate these rationales now and later consider whether they apply to this case. First, some courts have articulated a \"government scrutiny\" rationale, which holds that the ministerial exception is necessary to avoid government probing or examination of a church's affairs. The \"government scrutiny\" rationale is based on the Establishment Clause, which commands the government to avoid entanglement in religious matters. Second, some courts have advanced a \"selection of clergy\" rationale. Under this theory, religious institutions should be free to select their own ministers, and the government should have no role in this process. Whereas the \"government scrutiny\" rationale focuses on the process of judicial inquiry, the \"selection of clergy\" rationale aims to prevent the government from controlling actual employment decisions. While our sister circuits have grounded the \"selection of clergy\" argument in both the Free Exercise Clause and the Establishment Clause, it appears to flow more naturally from the Free Exercise Clause, 6 7 8 9 10 11 12 13 2/22/25, 5:42 Lynette M. Petruska, Appellant v. Gannon University; the Board of Trustees of Gannon University; William I. Alford, Ii; Robert H. Alls\u2026 7/39 because it focuses on the right of a church to put its beliefs into practice through its choice of ministers. Finally, some courts have based the ministerial exception on an \"inquiry into religious doctrine\" rationale. Under this justification, the ministerial exception is necessary to prevent courts from resolving religious questions, which lie beyond judicial competence and authority. The Eighth Circuit has opined that \"to review [ministerial employment] decisions would require the courts to determine the meaning of religious doctrine and canonical law.\" Scharon, 929 F.2d at 363. The \"inquiry into religious doctrine\" rationale is more narrow than the \"government scrutiny\" rationale. The \"government scrutiny\" rationale is concerned with any intrusion into the internal affairs of a church, regardless of whether the government intrudes in a manner that requires it to resolve religious questions. The \"inquiry into religious doctrine\" rationale has been framed both in Free Exercise and Establishment Clause terms. This Court has not had occasion in prior cases to adopt or reject the ministerial exception. In two cases, however, we have considered employment claims brought against religious organizations by non-ministerial employees. In Little v. Wuerl, 929 F.2d 944, 946 (3d Cir. 1991), a Catholic school refused to rehire a teacher because she remarried without following the proper canonical process to validate her second marriage. We concluded that \u00a7\u00a7 702 and 703(e) (1) of Title VII, 42 U.S.C. \u00a7\u00a7 2000e-1 and 2000e-2(e) (1), exempt \"conduct [that] does not conform to [religious] mores.\" Id. at 945. Therefore, we held that the school could decline to rehire the plaintiff on the basis of her remarriage. Id. at 951. The ministerial exception did not apply in Little both because the plaintiff was not a ministerial employee and because she was discharged on the basis of religion, thus triggering statutory exemptions under Title VII. Nonetheless, we did mention the ministerial exception in dicta: \" [C]ourts have consistently found that Title does not apply to the relationship between ministers and the religious organizations that employ them, even where discrimination is alleged on the basis of race or sex.\" Id. at 947 (citing McClure and Rayburn). In Geary v. Visitation of the Blessed Virgin Mary Parish School, 7 F.3d 324 (3d Cir. 1993), a teacher brought suit against a parochial school under the ADEA. Like Little, Geary involved a non-ministerial employee. However, whereas the plaintiff in Little brought a claim for religious discrimination, the plaintiff in Geary sued for age discrimination. Id. at 328. Specifically, the plaintiff contended that she was fired due to her age, while the school asserted that she was fired for marrying a divorced man. Id. at 326. We concluded that the 14 15 2/22/25, 5:42 Lynette M. Petruska, Appellant v. Gannon University; the Board of Trustees of Gannon University; William I. Alford, Ii; Robert H. Alls\u2026 8/39 plaintiff's suit did not \"present a significant risk\" of infringing the First Amendment. Id. at 331. With these precedents in mind, we turn to Petruska's claims, and the procedural posture in which they come to us. The District Court dismissed Petruska's claims under Federal Rule of Civil Procedure 12(b) (1). While some courts consider the ministerial exception to be jurisdictional in nature, and therefore view a motion to dismiss under Rule 12(b) (1) as the proper mechanism for asserting the exception, other courts opine that where the exception applies, the plaintiff fails to state a claim under Rule 12(b) (6). For the reasons stated in the margin, we conclude that the ministerial exception is properly raised in a Rule 12(b) (6) motion. We therefore review Petruska's complaint under that rule. So construing the motion to dismiss, we have jurisdiction under 28 U.S.C. \u00a7 1291. See Jordan v. Fox Rothschild O'Brien & Frankel, Inc., 20 F.3d 1250, 1261 (3d Cir. 1994). Our review is plenary. Id. Petruska's allegations, and all reasonable inferences that can be drawn from them, must be deemed true, and must be viewed in the light most favorable to her. See Evancho v. Fisher, 423 F.3d 347, 350-351 (3d Cir. 2005). Petruska's complaint alleges that she was demoted because she is a woman. The complaint states that Gannon's acting President, Thomas Ostrowski, told Petruska that she was to be demoted \"solely on the basis of her gender.\" (emphasis added). When a religious organization fires or demotes a woman on the basis of sex, it may be acting according to religious belief, religious doctrine, or church regulation (consider, for example, the Catholic Church's prohibition of female priests). In such a case, the religious organization would be immune from a Title suit. But a religious institution might also fire a woman because the individuals making the decision are, simply put, sexist. Religious doctrine and internal church regulation play no role in such a decision. Considering the complaint in the light most favorable to Petruska, we must conclude that this is the latter type of case: Under the pleadings, Petruska was fired due to sexism unmoored from religious principle. Nothing in the complaint suggests that, as a matter of Catholic doctrine, women cannot serve as university chaplains; indeed, Petruska was hired as Gannon's chaplain. The complaint alleges that sexism and sexual harassment at Gannon are rampant and points to no religious justification for this alleged state of affairs. Gannon's former President, David Rubino, admitted to having an affair with a subordinate. Another female employee accused Rubino of sexual harassment, forcing Gannon to settle her claim. The complaint further states that Gannon has a custom or practice of sex 16 17 18 2/22/25, 5:42 Lynette M. Petruska, Appellant v. Gannon University; the Board of Trustees of Gannon University; William I. Alford, Ii; Robert H. Alls\u2026 9/39 discrimination and that Gannon undertook a campaign to cover up the former President's sexual misconduct. Petruska alleges that Trautman has removed women from leadership positions in his Diocese due to their sex and that he has a reputation for being unable to work with women. This case plainly presents the question whether a ministerial employee may bring suit under Title where the religious institution lacks a rationale for the employment action that is grounded in faith, doctrine, or internal regulation. We now turn to this question. Where a federal statute poses \"a significant risk of infringing the First Amendment,\" we must consider whether there is \"a permissible construction of the statute that avoids that risk.\" Geary, 7 F.3d at 327; see also v. Catholic Bishop of Chicago, 440 U.S. 490, 507, 99 S. Ct. 1313, 59 L. Ed. 2d 533 (1979). If there is such a permissible construction, we adopt it, and do not reach the constitutional question. See Geary, 7 F.3d at 327. Although McClure, 460 F.2d at 560-61, held that Title could be fairly construed not to apply to ministerial employees, the Fourth Circuit has held that Congress clearly expressed an intent to bring ministers within the reach of Title VII. See Rayburn, 772 F.2d at 1166. The plain language of Title VII's prohibition on sex discrimination extends to the employment of ministers by religious institutions. Likewise, Title VII's retaliation provision, under which Petruska also brings suit, contains no exception for religious organizations. 42 U.S.C. \u00a7 2000e-3(a). Furthermore, as the Fourth Circuit noted in Rayburn, \u00a7 702 of Title contains a limited exemption for \"a religious corporation, association, educational institution, or society.\" 772 F.2d at 1166. However, the exemption is restricted to the decision to employ \"individuals of a particular religion\" to perform work connected with the organization's activities. See id.; 42 U.S.C. \u00a7 2000e-1. Thus, Congress gave churches the explicit right to discriminate on the basis of religion, but declined to create a right to discriminate on the basis of sex or to retaliate against an employee for complaining of sex discrimination. See Rayburn, 772 F.2d at 1166-67. Rayburn also concluded that Title VII's \"legislative history reinforces the plain meaning of the statutory text.\" Id. at 1167. Congress repeatedly considered and recalibrated the limited exemption for religious employers, but never gave such employers the power to discriminate on the basis of sex. As originally passed by the House in 1964, Title entirely exempted religious corporations, associations, or societies. The final version, however, limited the exemption to discrimination on the basis of religion against employees involved in \"religious activities.\" In 1972, the exemption was broadened by 19 20 21 22 2/22/25, 5:42 Lynette M. Petruska, Appellant v. Gannon University; the Board of Trustees of Gannon University; William I. Alford, Ii; Robert H. Alls\u2026 10/39 deleting the word \"religious\" before \"activities.\" However, the Senate rejected a proposal that would have expanded the exemption so far as to prohibit all Title suits against religious organizations. Finally, the section-by-section analysis of the Equal Employment Opportunity Act of 1972 stated that religious organizations \"remain subject to the provisions of Title with regard to race, color, sex or national origin.\" In light of the foregoing analysis, we agree with the Fourth Circuit that the ministerial exception must derive directly from the Constitution, and not from Title VII. Under the terms of Title VII, a woman denied admission to the priesthood could sue the Catholic Church for sex discrimination. However, it is clear that Title cannot constitutionally extend to discrimination based on religious belief, religious doctrine, or church regulation. Preventing a church from hiring ministers in accordance with its own beliefs would inhibit its ability to put its doctrines into practice and would therefore violate the Free Exercise Clause. Furthermore, such litigation would entangle courts in religious matters, in violation of the Establishment Clause. This case, however, is about something completely different. Petruska alleges that she was demoted because of animus against women that had nothing to do with religious beliefs, religious doctrine, or internal regulation. While several of our sister circuits have opined that the employer's reasons are irrelevant to the ministerial exception, see supra pp. 621-22, we conclude that these reasons make all the difference. The Constitution protects religious exercise, and we decline to turn the Free Exercise Clause into a license for the free exercise of discrimination unmoored from religious principle. We therefore conclude that under the Free Exercise Clause the ministerial exception will not bar Title claims by ministerial employees when an employment decision is not motivated by religious belief, religious doctrine, or church regulation. This version of the ministerial exception also comports with the Establishment Clause because courts will not be forced to consider religious questions, a process that would entangle the government in religious affairs. The Supreme Court has not addressed the ministerial exception, but our sister circuits have purported to derive it from Supreme Court cases that discuss the importance of church autonomy. However, the church autonomy cases protect a particular type of liberty: the right of a church to construe its own laws, regulations, and beliefs free of judicial interference. Because Title is a secular federal law as opposed to an internal ecclesiastical law, and because Gannon has offered no religious rationale for Petruska's demotion, the church autonomy cases do not apply. 23 24 25 26 27 28 2/22/25, 5:42 Lynette M. Petruska, Appellant v. Gannon University; the Board of Trustees of Gannon University; William I. Alford, Ii; Robert H. Alls\u2026 11/39 Serbian Eastern Orthodox Diocese v. Milivojevich, 426 U.S. 696, 96 S. Ct. 2372, 49 L. Ed. 2d 151 (1976), stands for the proposition that a plaintiff cannot sue a church for departing from or misapplying its own laws and regulations. In Milivojevich, the Supreme Court of Illinois set aside a Bishop's removal and defrockment and the reorganization of a Diocese. Id. at 708, 96 S. Ct. 2372. Critically, the basis for the state court's decision was that the church violated its own internal regulations, including its constitution and penal code. Id. at 708, 712-13, 96 S. Ct. 2372. The Supreme Court held that the First Amendment barred the state court's inquiries into whether church proceedings were \"procedurally and substantively defective under the internal regulations of the Mother Church.\" Id. at 698, 96 S. Ct. 2372 (emphasis added). Similarly, in Gonzalez v. Roman Catholic Archbishop of Manila, 280 U.S. 1, 50 S. Ct. 5, 74 L. Ed. 131 (1929), the Court declined to overrule a church's interpretation of ecclesiastical law. An archbishop refused to appoint the plaintiff to a hereditary chaplaincy created by a trust, and the plaintiff sought a judgment declaring him the legal heir. Id. at 10-12, 50 S. Ct. 5. The archbishop's decision was based on provisions of the Codex Juris Canonici, which stated that to be eligible for a chaplaincy, one must have begun the study of theology. Id. at 13-14, 50 S. Ct. 5. The Court refused to overrule the archbishop's construction of ecclesiastical law. Id. at 16, 50 S. Ct. 5. Watson v. Jones, 80 U.S. (13 Wall.) 679, 20 L. Ed. 666 (1872), applies the same principle. The Watson Court \"was asked to decree the termination of an implied trust because of departures from doctrine.\" Presbyterian Church in the United States v. Mary Elizabeth Blue Hull Mem'l Presbyterian Church, 393 U.S. 440, 445, 89 S. Ct. 601, 21 L. Ed. 2d 658 (1969). As the Watson Court stated, \"whenever the questions of discipline, or of faith, or ecclesiastical rule, custom, or law have been decided\" by church tribunals, \"the legal tribunals must accept such decisions as final, and as binding on them.\" 80 U.S. at 727. Thus, the Supreme Court's church autonomy cases protect a religious institution's freedom to interpret its own laws and internal regulations. However, entirely separate questions are raised by the application of federal laws, such as Title VII, to a church. In contrast to an internal church law, Title VII, like any federal law, falls squarely within the ken of the federal judiciary. In fact, in a separate line of cases addressing church property disputes, the Supreme Court has repeatedly stated that churches must adhere to laws, like Title VII, that are neutral and of general applicability. The Court has even stated that this principle extends to employment laws: \"The neutral-principles approach cannot be said to `inhibit' the free exercise of religion, any more than do other neutral provisions of state law governing the 29 30 31 32 2/22/25, 5:42 Lynette M. Petruska, Appellant v. Gannon University; the Board of Trustees of Gannon University; William I. Alford, Ii; Robert H. Alls\u2026 12/39 manner in which churches own property, hire employees, or purchase goods.\" Jones, 443 U.S. at 606, 99 S. Ct. 3020 (emphasis added). In Presbyterian Church, 393 U.S. at 443-44, 89 S. Ct. 601, a Georgia court instructed a jury to resolve a church property dispute between a general church and a local church based on matters of religious doctrine. Id. The Supreme Court held that the Georgia court violated the First Amendment, which \"commands civil courts to decide church property disputes without resolving underlying controversies over religious doctrine.\" Id. at 449, 89 S. Ct. 601 (emphasis added). Presbyterian Church, however, leaves no doubt that religious organizations are bound by neutral laws of general applicability that do not require inquiry into religious doctrine. As the Court stated, \"there are neutral principles of law, developed for use in all property disputes, which can be applied without `establishing' churches to which property is awarded.\" Id. The following year, the Supreme Court reaffirmed Presbyterian Church, holding in Maryland and Virginia Eldership of the Churches of God v. Church of God at Sharpsburg, 396 U.S. 367, 367-68, 90 S. Ct. 499, 24 L. Ed. 2d 582 (1970), that a Maryland court properly considered legal documents to resolve a church property dispute. The Court opined that \"the Maryland court's resolution of the dispute involved no inquiry into religious doctrine.\" Id. at 368, 90 S. Ct. 499 (emphasis added). In Jones, the Court yet again stated that religious organizations are bound by secular laws, so long as those laws do not require inquiry into religious doctrine: \" [A] State may adopt any one of various approaches for settling church property disputes so long as it involves no consideration of doctrinal matters, whether the ritual and liturgy of worship or the tenets of faith.\" 443 U.S. at 602, 99 S. Ct. 3020 (quotation omitted). Indeed, courts applying neutral laws of general applicability to religious institutions remain \"free . . . completely from entanglement in questions of religious doctrine, polity, and practice.\" Id. at 603, 99 S. Ct. 3020. Because Petruska brings suit under Title VII, the rule of Presbyterian Church, Maryland and Virginia Churches, and Jones will bar her suit only if an inquiry into matters of religious doctrine is required. Here, nothing in the complaint suggests that Petruska's demotion was based on religious belief, religious doctrine, or internal church regulation. At this stage, and as we explain more fully in the following sections, the case requires no inquiry into religious doctrine. We now turn to the rationales that other courts have used to justify the ministerial exception, inquiring whether these rationales support an exception that applies without 33 2/22/25, 5:42 Lynette M. Petruska, Appellant v. Gannon University; the Board of Trustees of Gannon University; William I. Alford, Ii; Robert H. Alls\u2026 13/39 regard to the motivation for an employment decision. As discussed above, see supra pp. 622-23, courts have offered three explanations of why the Constitution might require the ministerial exception. We address these arguments in turn. First Rationale: Government Scrutiny Some of our sister circuits have opined that the ministerial exception is necessary to avoid government scrutiny of religious affairs. See supra p. 622. This argument derives largely from Catholic Bishop, where the Supreme Court held that the lacked jurisdiction to order collective bargaining between teachers and church-operated schools. The Supreme Court's holding was based largely on the concern that supervision would entangle the government with religious schools, in violation of the Establishment Clause. See Catholic Bishop, 440 U.S. at 501-04, 99 S. Ct. 1313. In Geary, however, we distinguished Catholic Bishop and held that a non-minister could bring a Title suit against a religious employer. We explained that employment discrimination laws, at least as applied to a non-minister, require far less scrutiny of religious affairs than supervision of religious schools. In an employment discrimination case, \" [t]he secular tribunal merely asks whether a sincerely held religious belief actually motivated the institution's actions. The institution, at most, is called upon to explain the application of its own doctrines.\" Geary, 7 F.3d at 330. Following Catholic Bishop and Geary, we must decide whether allowing Petruska's suit to proceed would lead to excessive judicial scrutiny of Gannon. In considering this question, we take into account the principle articulated by the Supreme Court in the church autonomy and church property cases secular court must not resolve issues of religious belief, religious doctrine, or internal church regulation. Applying this principle, we ask not whether courts will be required to consider the affairs of a church in general, but whether courts will be forced to decide matters that Supreme Court precedent places beyond judicial scrutiny. At this stage of the litigation, we cannot say that the case will require examination of religious belief, religious doctrine, or internal church regulation. Indeed, it is entirely possible that Gannon will continue not to offer a religious justification for Petruska's demotion. In such event, the decisive question for the District Court or the jury will be whether Petruska was demoted due to her gender, and this question will remain independent of religious matters. Alternatively, Gannon may offer an explanation for Petruska's demotion that is grounded in religious principles or internal church regulations. The mere assertion of either type of 34 2/22/25, 5:42 Lynette M. Petruska, Appellant v. Gannon University; the Board of Trustees of Gannon University; William I. Alford, Ii; Robert H. Alls\u2026 14/39 explanation would not necessarily require the dismissal of Petruska's claims. We imagine that the justification could take two forms. First, Gannon might argue that Petruska was demoted for reasons independent of gender discrimination. For example, Gannon might assert that Petruska was demoted for failing to attend mass, in contravention of Catholic doctrine. Alternatively, Gannon might concede that it discriminated against Petruska on the basis of gender but assert that the discrimination was grounded in religious doctrines or internal regulations. For example, and again speaking in the hypothetical, Gannon might contend that Catholic doctrine does not allow female university chaplains. In the first type of case, the task of the District Court or the jury would be to determine whether the challenged employment action was motivated by the proffered religious doctrine or by sex discrimination. As in Geary, the employee could not \"challenge the validity, existence or `plausibility'\" of the religious doctrine itself. See Geary, 7 F.3d at 330. However, the employee could contend that the asserted religious rationale \"did not in fact motivate\" the adverse employment action. Id. For example, if Gannon contended that Petruska did not attend mass, she would be precluded from asserting that Catholic doctrine did not require her to do so. She could, however, argue that she was not actually demoted for failing to attend mass. By way of illustration, she could substantiate her allegations that Ostrowski told her that she was being demoted solely on the basis of her gender and that Trautman sought to \"clean house\" by removing women from leadership positions. Petruska might also cite evidence that in the past male chaplains who refused to attend mass did not suffer adverse employment action. To determine whether this evidence demonstrated gender discrimination, a factfinder would not have to delve into religious questions. As we stated in Geary, \" [a] conclusion that the religious reason did not in fact motivate dismissal would not implicate entanglement since that conclusion implies nothing about the validity of the religious doctrine or practice.\" Id. Gannon might instead concede that it demoted Petruska on the basis of gender but contend that the discrimination was motivated by religious doctrine or internal regulation. The factfinder's task would then be to determine whether the discrimination was indeed motivated by religious principles or church regulations; if so, the ministerial exception would bar the claim. Petruska could not challenge the validity of the asserted doctrine. Thus, if Gannon asserted that Catholicism forbids female university chaplains, Petruska could not contend otherwise. Furthermore, Petruska could not prevail merely by pointing to evidence of sex discrimination, since such discrimination, if religiously motivated, would 35 2/22/25, 5:42 Lynette M. Petruska, Appellant v. Gannon University; the Board of Trustees of Gannon University; William I. Alford, Ii; Robert H. Alls\u2026 15/39 be beyond judicial scrutiny. Still, it is conceivable that Petruska could cite evidence that she was demoted due to discrimination without any religious basis. For example, she might present evidence that the decisionmakers said that they had no religious reason to discriminate against her. In assessing evidence of this nature, the factfinder would not have to decide religious questions. If Gannon offers either type of religious rationale, the District Court may be constitutionally required to limit discovery or exclude evidence designed to call into question the validity, existence, or plausibility of the religious doctrine. For example, if Gannon argued that Petruska was demoted for failure to attend mass, Petruska obviously would not be allowed to question the doctrine by citing church law or the Bible. In this regard, we find the D.C. Circuit's discussion of a minister's contract claim instructive: It could turn out that in attempting to prove his case, appellant will be forced to inquire into matters of ecclesiastical policy. . . . Of course, in that situation, a court may grant summary judgment on the ground that appellant has not proved his case and pursuing the matter further would create an excessive entanglement with religion. On the other hand, it may turn out that the potentially mischievous aspects of [appellant's] claim are not contested by the Church or are subject to entirely neutral methods of proof. The speculative nature of our discussion here demonstrates why it is premature to foreclose appellant's . . . claim. Once evidence is offered, the district court will be in a position to control the case so as to protect against any impermissible entanglements. Minker v. Baltimore Annual Conf. of United Methodist Church, 894 F.2d 1354, 1360 (D.C. Cir. 1990). We recognize that this process will often require a nuanced analysis of whether a piece of evidence calls religious doctrines into question, but we are confident that the excellent district courts in this Circuit are up to the task. Moreover, the possibility that courts in this case will have to make fine distinctions in the future is not a sufficient reason to foreclose Petruska's suit now. After all, when we restrict the reach of a statute so as to preserve the Constitution, we must cut with a scalpel, not a butcher's knife. Therefore, Petruska's claims may \u2014 or may not \u2014 present constitutional problems later on, and we will not bar them now based on mere speculation. Although Gannon \"would be likely to defend its employment action on grounds related to church needs rooted in church doctrine,\" see Tomic v. Catholic Diocese of Peoria, 442 F.3d 1036, 1040 (7th Cir. 2006) (emphasis added), and although this defense might require limiting discovery or excluding certain evidence, we do not think that this possibility 36 37 38 2/22/25, 5:42 Lynette M. Petruska, Appellant v. Gannon University; the Board of Trustees of Gannon University; William I. Alford, Ii; Robert H. Alls\u2026 16/39 requires us to prophylactically disregard the command of Congress. Such an approach would risk foreclosing perfectly valid claims, thereby ignoring the will of Congress without a justification rooted in the Constitution. We will not, until we have a constitutional reason to do so, enfeeble \"a law triggered by a Nation's concern over centuries of racial injustice and intended to improve the lot of those who had been excluded from the American dream for so long.\" United Steelworkers of America v. Weber, 443 U.S. 193, 204, 99 S. Ct. 2721, 61 L. Ed. 2d 480 (1979) (quotation omitted). Second Rationale: Selection of Clergy Aside from the \"government scrutiny\" rationale, which seeks to shield churches from government inquiry, examination, or probing, some courts have opined that the law should have no authority over a church's decision to fire a ministerial employee. See supra pp. 13- 14. We agree with this argument, but only to a point. True, if a religious employer fired a ministerial employee for reasons related to faith, doctrine, or internal regulation, a judgment against the church would punish the church for expressing its beliefs. But where an employment decision is devoid of religious or doctrinal content, and is based solely on sexism, we fail to see how the decision relates to the free exercise of religion. Let us assume that a male applicant and a female applicant for a ministerial position have identical religious views, that they are equally qualified, and that there is no religious reason to chose one over the other. Let us further assume that the decisionmaker chooses the male candidate due to sexism that is utterly unconnected to his religious beliefs. In such a case, we do not think that allowing the female candidate to bring suit under Title would infringe the religious autonomy of the church. Critically, a host of statutory and constitutional protections continue to guarantee a church's freedom to select ministers for religious reasons. First, religious institutions retain the right to fire ministers for conduct inconsistent with religious precepts or for membership in the wrong religion. See Little, 929 F.2d at 951. Second, as we have mentioned, religious institutions may even practice race and sex discrimination that is otherwise illegal, so long as the discrimination is grounded in religious doctrine or internal regulation. Third, a plaintiff cannot challenge the validity or existence of religious doctrines in the course of litigation. Under the rule we now adopt, religious institutions lose only the power to fire ministerial employees for secular reasons, a power unrelated to the exercise of religion. Third Rationale: Inquiry into Religious Doctrine 39 2/22/25, 5:42 Lynette M. Petruska, Appellant v. Gannon University; the Board of Trustees of Gannon University; William I. Alford, Ii; Robert H. Alls\u2026 17/39 Finally, other Courts of Appeals have opined that the ministerial exception prevents judicial inquiry into matters of religious doctrine. See supra pp. 622-23. In light of our discussion thus far, little remains to be said. At this point in the litigation, we cannot conclude that Petruska's claims will raise questions of a religious nature, requiring secular courts to \"tak [e] on the additional role of religious courts, as if the United States were a theocracy.\" Tomic, 442 F.3d at 1042. In sum, neither Supreme Court precedent nor the arguments advanced by our sister circuits supports a ministerial exception that applies without regard to the reason for an employment decision. We therefore reverse the dismissal of Petruska's Title sex discrimination claim. Independent of her sex discrimination claim, Petruska also alleges that she was demoted in retaliation for opposing sexual harassment at Gannon. We apply the same analysis to the retaliation claim as to the sex discrimination claim, inquiring whether the complaint alleges that the retaliation was based on religious belief, religious doctrine, or internal church regulation. There is no indication that a doctrine or regulation prohibits opposing sexual harassment or questioning sexual harassment policies. Therefore, at this stage, and for the reasons stated above, the claim does not collide with Gannon's free exercise rights or entangle secular courts in religious questions. Accordingly, we reverse the District Court's dismissal of Petruska's Title retaliation claim. Aside from her Title claims, Petruska's complaint also contains four state law claims: breach of contract, civil conspiracy, negligent supervision and retention, and fraudulent misrepresentation. While the ministerial exception as such applies only to Title VII, courts have applied similar doctrines to restrict state law claims arising out of the employment relationship between a religious organization and a ministerial employee. Like every court to decide the issue, we conclude that the First Amendment bars state law claims that require an interpretation of religious belief, religious doctrine, or internal church regulation. On the other hand, courts have held that the religion clauses permit state law employment claims that do not require inquiry into such matters. In Minker, a Methodist minister asserted two contract claims against the United Methodist Church: (1) breach of promises to find him a more suitable congregation and (2) violation of the Book of Discipline, a statement of church law. 894 F.2d at 1355-56. The Court held that the religion clauses barred the Book of Discipline claim, which would require interpreting \"matters of essential religious dogma.\" Id. at 1358. However, the Court permitted the oral promise claim, which did not require inquiry into such matters. The Court reasoned that \" 40 41 2/22/25, 5:42 Lynette M. Petruska, Appellant v. Gannon University; the Board of Trustees of Gannon University; William I. Alford, Ii; Robert H. Alls\u2026 18/39 [a] church is always free to burden its activities voluntarily through contracts, and such contracts are fully enforceable in civil court.\" Id. at 1359. Applying the reasoning of Minker, we ask whether, at this stage of litigation, each of Petruska's state law claims requires an examination of matters of faith, doctrine, or internal regulation. Petruska alleges that Gannon, by demoting her, breached her contract to serve as chaplain for three years. At this stage, we cannot assume that interpreting Petruska's contract will give rise to questions of religious belief, religious doctrine, or internal church regulation. See Drevlow v. Lutheran Church, 991 F.2d 468, 471 (8th Cir. 1993). Accordingly, we reverse the dismissal of Petruska's breach of contract claim. Petruska's fraudulent misrepresentation claim is based on (1) Gannon's representations that it is an equal opportunity employer and (2) Rubino's assurance at the time of Petruska's promotion to chaplain that her tenure would reflect her performance as opposed to her gender. At least at the outset, Petruska's fraudulent misrepresentation claim \"do [es] not inevitably or even necessarily lead to government inquiry into [Gannon's] religious mission or doctrines.\" Geary, 7 F.3d at 329. While the religion clauses do not bar Petruska's fraudulent misrepresentation claim, she has failed to plead fraud with sufficient particularity under Federal Rule of Civil Procedure 9(b). We therefore affirm the District Court's dismissal of this claim. Petruska's negligent supervision and retention claim and her civil conspiracy claim flow directly from her Title allegations. Civil conspiracy requires proof that two or more persons combined to do an unlawful act or to do an otherwise lawful act by unlawful means. See, e.g., Thompson Coal Co. v. Pike Coal Co., 488 Pa. 198, 211, 412 A.2d 466 (Pa.1979). Here, the underlying unlawful acts are the very violations of Title discussed in the previous sections. Likewise, Petruska's negligent supervision and retention claim flows from her Title allegations: She claims that Gannon negligently supervised and retained the employees who discriminated against her. Gannon has not asserted a reason for the retention of these employees that is grounded in faith, doctrine, or internal regulation. As a corollary to our conclusion that Petruska must be allowed to proceed with her Title claims, we hold that at this stage the First Amendment does not foreclose her conspiracy and negligent supervision and retention claims. We therefore reverse the District Court's dismissal of these claims. 42 43 44 2/22/25, 5:42 Lynette M. Petruska, Appellant v. Gannon University; the Board of Trustees of Gannon University; William I. Alford, Ii; Robert H. Alls\u2026 19/39 At this stage of litigation, Petruska's claim offends neither the Free Exercise Clause nor the Establishment Clause. We therefore hold that the religion clauses do not bar Petruska's causes of action, and we reverse the dismissal of all claims, with the exception of the fraudulent misrepresentation claim. We stress that constitutional defects in Petruska's causes of action may emerge as the case proceeds, and that the District Court must avoid them scrupulously, applying the guidance we have provided. Ultimately, the constitutional concerns that lurk at the periphery of this case may defeat Petruska's claims. But that is a question for another day. SMITH, Circuit Judge, concurring in part and dissenting in part. Although the majority professes to adopt a \"carefully tailored version of the ministerial exception\" to Title VII, Maj. Op. at 620, in fact, by treating ministers like lay employees, it effectively refuses to recognize any ministerial exception, placing this Court at odds with every other federal court of appeals to consider the issue. The majority holds that \"where a church discriminates for reasons unrelated to religion, . . . the Constitution does not foreclose Title suits.\" Maj. Op. at 620. It concludes that because Gannon has not-or at least not yet-articulated a \"religious belief, religious doctrine, or internal regulation\" as a basis for its decision to restructure, adjudication of Petruska's claims does not offend the First Amendment. Id disagree with the majority's fundamental premise that a church's choice regarding who performs particular spiritual functions is not necessarily a religious decision. Rather, in my view, such a decision is, by its very nature, a religious one. Consequently, government interference with that decision necessarily infringes on a church's free exercise of religion and entangles the courts in religious matters would therefore apply the ministerial exception to any claim which limits a church's right to choose who will perform particular spiritual functions, without regard to whether it articulates an independent justification based on \"religious belief, religious doctrine, or internal regulation agree with the majority's conclusion that Gannon's motion to dismiss is properly considered under Federal Rule of Civil Procedure 12(b) (6) and that Petruska failed to allege fraudulent misrepresentation with sufficient specificity under Federal Rule of Civil Procedure 9(b). Accordingly concur in the introduction of Part and in Part V.B. of the Opinion also agree that adjudication of Petruska's breach of contract claim would not violate the First Amendment, and therefore likewise concur in Part V.A. However, because Petruska's own complaint establishes that her primary duties included spiritual functions and because her Title VII, civil conspiracy, and negligent supervision and retention claims 45 2/22/25, 5:42 Lynette M. Petruska, Appellant v. Gannon University; the Board of Trustees of Gannon University; William I. Alford, Ii; Robert H. Alls\u2026 20/39 implicate the church's right to select its spiritual leaders would hold that these claims are barred by the ministerial exception therefore respectfully dissent. The First Amendment to the United States Constitution provides that \"Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof.\" U.S. Const. amend. I. The Religion Clauses extend to both legislative and judicial action, see Kreshik v. Saint Nicholas Cathedral of Russian Orthodox Church of North Amer., 363 U.S. 190, 191, 80 S. Ct. 1037, 4 L. Ed. 2d 1140 (1960), and apply equally to state and federal laws, see Elk Grove Unified Sch. Dist. v. Newdow, 542 U.S. 1, 8, 124 S. Ct. 2301, 159 L. Ed. 2d 98 (2004) (citing Cantwell v. Connecticut, 310 U.S. 296, 303, 60 S. Ct. 900, 84 L. Ed. 1213 (1940)). The Free Exercise Clause protects both the \"right to believe and profess whatever religious doctrine one desires,\" Employment Division, Dep't of Human Resources v. Smith, 494 U.S. 872, 877, 110 S. Ct. 1595, 108 L. Ed. 2d 876 (1990), and the right of religious institutions to decide \"matters of church government\" as well as questions of \"discipline, faith, internal organization, or ecclesiastical rule, custom, or law.\" See Kedroff v. St. Nicholas Cathedral, 344 U.S. 94, 116, 73 S. Ct. 143, 97 L. Ed. 120 (1952); Serbian Eastern Orthodox Diocese v. Milivojevich, 426 U.S. 696, 713, 96 S. Ct. 2372, 49 L. Ed. 2d 151 (1976). The Establishment Clause, by contrast, prohibits government action that serves to advance or inhibit religion or that results in excessive entanglement \"in questions of religious doctrine, polity, and practice.\" See Jones v. Wolf, 443 U.S. 595, 603, 99 S. Ct. 3020, 61 L. Ed. 2d 775 (1979); Lemon v. Kurtzman, 403 U.S. 602, 612-13, 91 S. Ct. 2105, 29 L. Ed. 2d 745 (1971). The questions presented in this case are whether applying Title to Gannon's decision to restructure would infringe upon its free exercise rights and whether adjudication of Petruska's Title claims would result in unconstitutional entanglement under the Establishment Clause. Every circuit that has considered the issue has concluded that application of Title to a minister-church relationship would violate-or would risk violating-the First Amendment and, accordingly, has recognized some version of the ministerial exception. To the extent that a claim involves the church's selection of clergy- in other words, its choice as to who will perform particular spiritual functions \u2014 most of these circuits have held that the exception bars any inquiry into a religious organization's underlying motivation for the contested employment decision would likewise hold. The majority opines that adjudication of Petruska's claims would not violate the Free Exercise Clause-unless and until Gannon articulates a \"religious belief, religious doctrine, or internal regulation\" as a justification for its decision to restructure-because the Constitution protects only \"religious exercise.\" Maj. Op. at 627 (citing City of Boerne v. Flores, 521 U.S. 507, 564, 117 S. Ct. 2157, 138 L. Ed. 2d 624 (1997) (O'Connor, J, 46 47 48 2/22/25, 5:42 Lynette M. Petruska, Appellant v. Gannon University; the Board of Trustees of Gannon University; William I. Alford, Ii; Robert H. Alls\u2026 21/39 dissenting agree with the majority's basic premise that a church must be engaged in religious exercise in order to trigger protection under the Free Exercise Clause. In my view, however, the process of selecting a minister is per se a religious exercise minister is not merely an employee of the church; she is the embodiment of its message minister serves as the church's public representative, its ambassador, and its voice to the faithful. As the Fifth Circuit explained: \"The relationship between an organized church and its ministers is its lifeblood. The minister is the chief instrument by which the church seeks to fulfill its purpose.\" McClure v. Salvation Army, 460 F.2d 553, 558-59 (5th Cir. 1972). Accordingly, \" [m]atters touching this relationship must necessarily be recognized as of prime ecclesiastical concern.\" Id. at 559. As previously noted, the Free Exercise Clause protects two rights: the right to believe and profess matters of faith and the right of religious institutions to decide questions of governance and internal organization. In this case, those rights are interrelated. First, like an individual, a church in its collective capacity must be free to express religious beliefs, profess matters of faith, and communicate its religious message. However, unlike an individual who can speak on her own behalf, the church as an institution must retain the corollary right to select its voice. Accordingly, any restriction of the church's right to choose who will carry its spiritual message necessarily infringes upon its Free Exercise right to profess its beliefs. This right is squarely at issue in Petruska's complaint. The second right protected by the Free Exercise Clause-the church's right to decide matters of governance and internal organization-is also implicated by Gannon's decision to restructure. The majority contends that this right only protects \"a religious institution's freedom to interpret its own laws and internal regulations.\" Maj. Op. at 628. Because Gannon has not identified an internal regulation or religious doctrine that required it to create the position of Vice President for Mission and Ministry and to hire Father Rouch to fill that position, the majority contends that the free exercise right to determine matters of governance and internal organization is not at issue. Maj. Op. at 627-28 (distinguishing Serbian Eastern Orthodox v. Milivojevich, 426 U.S. 696, 96 S. Ct. 2372, 49 L. Ed. 2d 151 (1976), Gonzalez v. Roman Archbishop of Manila, 280 U.S. 1, 50 S. Ct. 5, 74 L. Ed. 131 (1929), and Watson v. Jones, 80 U.S. (13 Wall.) 679, 20 L. Ed. 666 (1872 disagree. The Vice President for Mission and Ministry and the University Chaplain at Gannon both serve spiritual functions-in other words, the primary duties of those employees include \"teaching, spreading the faith, church governance, supervision of a religious order, or supervision of participation in religious ritual and worship.\" See Rayburn, 772 F.2d at 1169. Accordingly, Gannon's decisions regarding who to install in those positions and the 49 50 2/22/25, 5:42 Lynette M. Petruska, Appellant v. Gannon University; the Board of Trustees of Gannon University; William I. Alford, Ii; Robert H. Alls\u2026 22/39 manner in which their duties would be divided were decisions about who would perform those constitutionally protected spiritual functions. Those choices are protected from governmental interference by the Free Exercise Clause. The majority further opines that there is \"no doubt that religious organizations are bound by neutral laws of general applicability that do not require inquiry into religious doctrine.\" Maj. Op. at 628-29 (citing Jones v. Wolf, 443 U.S. 595, 606, 99 S. Ct. 3020, 61 L. Ed. 2d 775 (1979); Presbyterian Church in the United States v. Mary Elizabeth Blue Hull Memorial Presbyterian Church, 393 U.S. 440, 445, 89 S. Ct. 601, 21 L. Ed. 2d 658 (1969); Maryland and Virginia Eldership of the Churches of God v. Church of God at Sharpsburg, 396 U.S. 367, 367-68, 90 S. Ct. 499, 24 L. Ed. 2d 582 (1970); Employment Division, Dep't of Human Resources of Oregon v. Smith, 494 U.S. 872, 110 S. Ct. 1595, 108 L. Ed. 2d 876 (1990)). The majority cites Jones for the proposition that \"` [t]he neutral-principles approach cannot be said to `inhibit' the free exercise of religion, any more than do other neutral provisions of state law governing the manner in which churches own property, hire employees, or purchase goods.'\" Maj. Op. at 628 (citing Jones, 443 U.S. at 606, 99 S. Ct. 3020) (emphasis in the majority opinion). Title is indeed a neutral law of general applicability, and it undoubtedly applies to lay employment decisions by religious institutions. 42 U.S.C. \u00a7 2000e-2; 42 U.S.C. \u00a7 2000e-3; but see 42 U.S.C. \u00a7 2000e-1(a) (providing an exception for \"religious corporation, association, educational institution, or society with respect to employment of individuals of a particular religion to perform work connected with the carrying on . . . of its activities\"); 42 U.S.C. \u00a7 2000e-2(e) (permitting religious educational institutions \"to hire and employ employees of a particular religion\"). However, because view a church's selection of its minister as essential to the church's right to express religious beliefs, profess matters of faith, and communicate its religious message differ with the majority's conclusion that application of Title in this case does not violate the Free Exercise Clause. See Catholic Univ., 83 F.3d at 463 (\"We conclude from our review of the Supreme Court's jurisprudence that whereas the Free Exercise Clause guarantees a church's freedom to decide how it will govern itself, what it will teach, and to whom it will entrust its ministerial responsibilities, it does not guarantee the right of its members to practice what their church may preach if that practice is forbidden by a neutral law of general application.\"). In reaching its conclusion that the language in Jones applies equally to lay employees and ministers, the majority has effectively refused to adopt the ministerial exception recognized in our sister courts of appeals. Because agree with those courts that interference with a church's selection of clergy violates the First Amendment cannot join my colleagues in the majority. 2/22/25, 5:42 Lynette M. Petruska, Appellant v. Gannon University; the Board of Trustees of Gannon University; William I. Alford, Ii; Robert H. Alls\u2026 23/39 Although, in my view, the Free Exercise Clause bars any claim which limits a church's right to choose who will fulfill particular spiritual functions-in this case, Petruska's Title discrimination and retaliation, civil conspiracy, and negligent supervision and retention claims nevertheless address the Establishment Clause in response to the majority's treatment of that issue. The majority holds that, unless and until Gannon articulates a \"religious belief, religious doctrine, or internal regulation\" as a justification for its decision to install Father Rouch as Vice President of Mission and Ministry, there is no risk of unconstitutional entanglement under the Establishment Clause do not agree. In Lemon v. Kurtzman, the Supreme Court set forth a three-prong test to determine the validity of a statute under the Establishment Clause: \"First, the statute must have a secular legislative purpose; second, its principal or primary effect must be one that neither advances nor inhibits religion; . . . and finally, the statute must not foster `an excessive government entanglement with religion.'\" 403 U.S. 602, 612-13, 91 S. Ct. 2105, 29 L. Ed. 2d 745 (1971) (citations omitted). Only the entanglement prong is at issue with respect to Title VII. Excessive entanglement would arise if our inquiry into Gannon's decision to restructure traversed questions of the validity of religious beliefs or practice. See Geary, 7 F.3d at 330. Because, as discussed above, a church's choice regarding who will perform its spiritual functions is inherently a religious decision, any inquiry into that decision would traverse such questions. Even though the decision here involves an individual act rather than general practice, the necessary inquiry-asking whether the church can justify its employment decision with reference to church doctrine-excessively entangles the court. The majority relies on Geary to support its conclusion that application of Title in this case would not run afoul of the Establishment Clause. The decision in Geary, however, actually undermines the majority's position. The Geary Court, specifically distinguishes between decisions involving clergy and those involving lay employees. In Geary, a fifty-year-old teacher was fired by the Catholic school that employed her. The school's stated reason for dismissal was that Geary had married a divorced man in violation of church doctrine. Id. We concluded that resolution of Geary's Age Discrimination in Employment Act claims would not offend the Establishment Clause because the inquiry was limited to whether the school discriminated against her on the basis of her age and canceled her insurance in retaliation for her initiation of legal proceedings. Id. Geary did not challenge the validity of the religious doctrine; she merely claimed that the religious doctrine did not motivate the adverse employment action. Id. at 329. We held that \"when the pretext inquiry neither traverses questions of the validity of religious beliefs nor forces 2/22/25, 5:42 Lynette M. Petruska, Appellant v. Gannon University; the Board of Trustees of Gannon University; William I. Alford, Ii; Robert H. Alls\u2026 24/39 a court to choose between parties' competing religious visions, that inquiry does not present a significant risk of entanglement.\" Id. at 330. The Geary Court itself, however, distinguished cases involving members of the clergy, stating that \"notwithstanding Geary's apparent general employment obligation to be a visible witness to the Catholic Church's philosophy and principles, a court could adjudicate Geary's claims without the entanglement that would follow were employment of clergy or religious leaders involved.\" Id. at 331 (emphasis added). As we suggested in Geary, entanglement necessarily results when a court inquires into a decision regarding who performs spiritual functions on behalf of the church, because, unlike lay employees, that decision is inherently a religious matter. Again, notwithstanding the majority's claim that it is crafting a narrow ministerial exception, its failure to acknowledge the distinction drawn in Geary between lay employees and ministers is tantamount to a refusal to adopt any such exception. As described above, the ministerial exception should operate to bar any claims that limit a church's right to choose who will perform its spiritual functions. Accordingly, in this case, the relevant question with respect to each claim is whether application of the state or federal law will limit Gannon's right to choose who performs particular spiritual functions on its behalf. Petruska asserts six claims in her First Amended Complaint: two violations of Title VII-discrimination and retaliation (Counts and II, respectively); fraudulent misrepresentation (Count III); civil conspiracy (Count IV); breach of contract (Count V); and negligent supervision and retention (Count submit that resolution of Counts I, II, IV, and would impose unconstitutional limits on Gannon's First Amendment rights. Consequently would hold that they are barred by the ministerial exception. Petruska alleges that Gannon demoted and constructively discharged her from her position as University Chaplain based on her gender and retaliated against her on the basis of her opposition to sexual harassment at the University. Her discrimination and retaliation claims are premised upon Gannon's decision to restructure, a decision which Petruska argues was merely pretext for gender discrimination. It is clear from the face of Petruska's complaint, however, that Gannon's choice to restructure constituted a decision about who would perform spiritual functions and about how those functions would be divided. Accordingly, application of Title VII's discrimination and retaliation provisions to Gannon's decision to restructure would violate the First Amendment. For that reason, Petruska's Title claims (Counts and II) should be dismissed. Petruska's First Amended Complaint also contains three state tort claims: civil conspiracy, negligent supervision and retention, and fraudulent misrepresentation. The civil 51 52 2/22/25, 5:42 Lynette M. Petruska, Appellant v. Gannon University; the Board of Trustees of Gannon University; William I. Alford, Ii; Robert H. Alls\u2026 25/39 conspiracy and negligent supervision claims turn on Petruska's ability to prove that Gannon's restructuring constituted an unlawful or tortious act. In this case, the alleged underlying unlawful act is the violation of Title VII. Because would hold that Gannon's decision to restructure fell within the ministerial exception to Title VII, these claims should also be dismissed. Finally, Petruska asserts a state law breach of contract claim. Petruska alleges that pursuant to her contract with Gannon, she was entitled to serve on the President's Staff and lead the Chaplain's Division. She claims that by removing her from these positions, Gannon breached its promise. On its face, application of state contract law does not involve government-imposed limits on Gannon's right to select its ministers: Unlike the duties under Title and state tort law, contractual obligations are entirely voluntary. As the court noted in Minker v. Baltimore Annual Conference of United Methodist Church, 894 F.2d 1354, 1360 (D.C. Cir. 1990), \" [a] church is always free to burden its activities voluntarily through contract, and such contracts are fully enforceable in civil court.\" See also, e.g., Rayburn, 772 F.2d at 1171 (\"Like any other organization, [churches] may be held liable . . . upon their valid contracts.\"). Enforcement of a promise, willingly made and supported by consideration, in no way constitutes a state-imposed limit upon a church's free exercise rights. Accordingly, application of state law to Petruska's contract claim would not violate the Free Exercise Clause. Similarly, at least at the outset, resolution of Petruska's breach of contract claim would not excessively entangle the court in a religious matter. For purposes of evaluating Petruska's contract claim, we need not examine Gannon's decisions with respect to which individuals will perform particular spiritual functions; rather, we need only inquire as to whether Gannon promised Petruska that she would be entitled to perform those functions for a specified period of time. In that respect, the claim potentially can \"be adduced by a fairly direct inquiry\" into whether there was an offer, acceptance, consideration, and breach. Minker, 894 F.2d at 1360. If Gannon's response to Petruska's allegations raise issues which would result in excessive entanglement, the claims may subject to dismissal on summary judgment. See id. The allegations in Petruska's complaint, however, do not demand such a conclusion would therefore remand this claim for further consideration by the District Court church's choice regarding who will perform its spiritual functions is, by its very nature, a religious decision. By rejecting this basic premise, the majority effectively declines to adopt a ministerial exception, placing this Court at odds with every other federal court of appeals 53 54 2/22/25, 5:42 Lynette M. Petruska, Appellant v. Gannon University; the Board of Trustees of Gannon University; William I. Alford, Ii; Robert H. Alls\u2026 26/39 to consider the issue. Because, in my view, the majority's holding permits governmental interference with a religious institution's constitutionally-protected choices in violation of the First Amendment respectfully dissent. 1 The Honorable Edward R. Becker authored this opinion, but died before it was released 2 At all events, the District Court did not engage in factfinding, and what we deal with here is functionally a Rule 12(b) (6) dismissal 3 We will reverse the dismissal of Petruska's state law claims, with the exception of the fraudulent misrepresentation claim. This claim was not pled with sufficient particularity under Federal Rule of Civil Procedure 9(b) 4 Petruska also alleges that she challenged the propriety of allowing a former Gannon priest, who was removed due to sexual misconduct toward students, from returning to campus 5 Compare Rayburn v. Gen. Conf. of Seventh-Day Adventists, 772 F.2d 1164, 1171 (4th Cir. 1985) (\"Of course churches are not\u2014and should not be\u2014above the law.\"), with Bollard v. California Province of the Soc'y of Jesus, 196 F.3d 940 (9th Cir. 1999) (\" [T]he Free Exercise Clause protects the power of religious organizations `to decide for themselves, free from state interference, matters of church government as well as those of faith and doctrine.'\") (quoting Kedroff v. St. Nicholas Cathedral of the Russian Orthodox Church of N. Am., 344 U.S. 94, 116, 73 S. Ct. 143, 97 L. Ed. 120 (1952)). 6 See v. Roman Catholic Diocese of Raleigh, 213 F.3d 795 (4th Cir. 2000); Rayburn, 772 F.2d 1164; McClure, 460 F.2d 553; Alicea-Hernandez v. Catholic Bishop of Chicago, 320 F.3d 698 (7th Cir. 2003); Young v. Northern Illinois Conf. of United Methodist Church, 21 F.3d 184 (7th Cir. 1994); Scharon v. St. Luke's Episcopal Presbyterian Hospitals, 929 F.2d 360 (8th Cir. 1991); Werft v. Desert Southwest Annual Conf. of the United Methodist Church, 377 F.3d 1099 (9th Cir. 2004); Gellington v. Christian Methodist Episcopal Church, Inc., 203 F.3d 1299 (11th Cir. 2000 v. Catholic Univ. of Am., 83 F.3d 455 (D.C. Cir. 1996). 2/22/25, 5:42 Lynette M. Petruska, Appellant v. Gannon University; the Board of Trustees of Gannon University; William I. Alford, Ii; Robert H. Alls\u2026 27/39 7 See E.E.O.C. v. Roman Catholic Diocese of Raleigh, 213 F.3d 795, 801 (4th Cir. 2000) (\"The exception precludes any inquiry whatsoever into the reasons behind a church's ministerial employment decision. The church need not, for example, proffer any religious justification for its decision ...\"); Combs v. Central Texas Annual Conference of United Methodist Church, 173 F.3d 343, 350 (5th Cir. 1999), Young, 21 F.3d at 186; Alicea- Hernandez, 320 F.3d at 703; Scharon, 929 F.2d at 363; Werft, 377 F.3d at 1103; Catholic Univ. of Am., 83 F.3d at 464-65. Although the Eleventh Circuit has recognized the ministerial exception, see Gellington, 203 F.3d 1299, it does not appear to have directly addressed whether the exception applies without regard to motive. 8 See also Alicea-Hernandez, 320 F.3d at 703 (applying the ministerial exception to a Hispanic Communications Manager who functioned as a \"press secretary\" for the church); Starkman v. Evans, 198 F.3d 173, 175-76 (5th Cir. 1999) (holding that a choir director at a Methodist church was a minister for purposes of First Amendment analysis). 9 See McClure, 460 F.2d at 560 (Free Exercise Clause); Alicea-Hernandez, 320 F.3d at 702- 03 (Free Exercise Clause); Young, 21 F.3d at 186 (Free Exercise Clause), Werft, 377 F.3d at 1101 (both religion clauses); Rayburn, 772 F.2d at 1167-72 (both religion clauses); Scharon, 929 F.2d at 361-63 (both religion clauses). 10 See, e.g., Rayburn, 772 F.2d at 1171 (\"Church personnel and records would inevitably become subject to subpoena, discovery, cross-examination, the full panoply of legal process designed to probe the mind of the church in the selection of its ministers.\"); Scharon, 929 F.2d at 363 (\"It is not only the conclusions that may be reached ... which may impinge on rights guaranteed by the Religion Clauses, but also the very process of inquiry.\") (quoting v. Catholic Bishop of Chicago, 440 U.S. 490, 502, 99 S. Ct. 1313, 59 L. Ed. 2d 533 (1979)). 11 See Rayburn, 772 F.2d at 1171 (\" [P]ervasive monitoring by public authorities ... infringes precisely those Establishment Clause values at the root of the prohibition of excessive entanglement.\") (quoting Aguilar v. Felton, 473 U.S. 402, 413, 105 S. Ct. 3232, 87 L. Ed. 2d 2/22/25, 5:42 Lynette M. Petruska, Appellant v. Gannon University; the Board of Trustees of Gannon University; William I. Alford, Ii; Robert H. Alls\u2026 28/39 290 (1985)) (alterations in original); see generally Lemon v. Kurtzman, 403 U.S. 602, 91 S. Ct. 2105, 29 L. Ed. 2d 745 (1971). 12 See, e.g., Werft, 377 F.3d at 1101 (\" [B]ecause clergy represent a religious institution to the people, a religious institution must retain unfettered freedom in its choice of clergy.\"). 13 Rayburn, for example, derives the \"selection of clergy\" argument from both clauses. See 772 F.2d at 1168 (\"Any attempt by government to restrict a church's free choice of its leaders ... constitutes a burden on the church's free exercise rights.\") (emphasis added); id. at 1171 (\"Bureaucratic suggestion in employment decisions of a pastoral character, in contravention of a church's own perception of its needs and purposes, would constitute unprecedented entanglement with religious authority ...\") (emphasis added). 14 See also Combs, 173 F.3d at 350 (\" [S]ecular authorities would be involved in evaluating or interpreting religious doctrine.\"); Simpson, 494 F.2d at 493 (\" [C]ivil courts are barred by the First Amendment from determining ecclesiastical questions.\"). 15 See Scharon, 929 F.2d at 363 (stating that to decide questions of religious doctrine and law would violate the Free Exercise Clause); Gellington, 203 F.3d at 1304 (stating that an employment suit would involve the government \"in questions of religious doctrine, polity, and practice\" in violation of the Establishment Clause) (quoting Jones v. Wolf, 443 U.S. 595, 603, 99 S. Ct. 3020, 61 L. Ed. 2d 775 (1979)). 16 See, e.g., Alicea-Hernandez, 320 F.3d at 701; Young, 21 F.3d at 185. 17 See, e.g., Werft, 377 F.3d at 1100; Minker v. Baltimore Annual Conf. of United Methodist Church, 894 F.2d 1354, 1356 (D.C. Cir. 1990). 18 At issue in a 12(b) (1) motion is the court's \"very power to hear the case.\"Mortensen v. First Federal Sav. and Loan Ass'n, 549 F.2d 884, 891 (3d Cir. 1977 12(b) (6) motion, by contrast, tests the legal sufficiency of a plaintiff's claim. The question is whether the plaintiff has stated a cause of action. In that respect, as the Tenth Circuit noted in Bryce v. 2/22/25, 5:42 Lynette M. Petruska, Appellant v. Gannon University; the Board of Trustees of Gannon University; William I. Alford, Ii; Robert H. Alls\u2026 29/39 Episcopal Church in the Diocese of Colorado, 289 F.3d 648, 654 (10th Cir. 2002), the assertion of the ministerial exception\u2014or, in that case, the \"church autonomy doctrine\"\u2014is akin to a government official's defense of qualified immunity, which is often raised in a 12(b) (6) motion. Id. The exception may bar the plaintiff's causes of action, but it does not affect the court's authority to consider them. Although McClure, the case that first articulated the ministerial exception, spoke of it in jurisdictional terms, the Court based the exception on an interpretation of \u00a7 703 of Title VII, 42 U.S.C. \u00a7 2000e-2, the provision under which the plaintiff brought suit. 460 F.2d at 555-56, 560-61. Section 703 does not confer jurisdiction but instead creates a right of action for sex discrimination. Because the ministerial exception is a limitation on \u00a7 703, and because \u00a7 703 creates a right of action, it follows that the ministerial exception restricts a plaintiff's right of action, not a court's jurisdiction. Moreover, a federal court undoubtedly has the authority to review claims arising under federal law. Elvig v. Calvin Presbyterian Church, 375 F.3d 951, 955 (9th Cir. 2004) (\"Federal question jurisdiction is statutorily established, giving district courts `original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States.'\"). 19 Gannon's creation of a Vice President for Mission and Ministry position may be viewed as a decision pursuant to an internal regulation. Presumably, the new position was somehow written into Gannon's policies. However, we construe Petruska's complaint to allege that Gannon violated Title not by creating the position but by installing Rouch into the position, despite the fact that the new position gave duties to Rouch that formerly belonged to Petruska. After all, Title regulates not an organization's power to choose its own structure or to create new positions but its ability to install particular individuals into those positions. Gannon has cited no explanation grounded in religious belief, religious doctrine, or internal regulation for the decision to give to Rouch what had, in effect, been Petruska's job. 20 Section 703 of Title provides: It shall be an unlawful employment practice for an employer\u2014 (1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's ... sex.... 2/22/25, 5:42 Lynette M. Petruska, Appellant v. Gannon University; the Board of Trustees of Gannon University; William I. Alford, Ii; Robert H. Alls\u2026 30/39 42 U.S.C. \u00a7 2000e-2. 21 Rayburn, 772 F.2d at 1167. (citing H.R.Rep. No. 914, 88th Cong., 2d Sess. (1964), reprinted in 1964 U.S. Cong. & Admin. News 2355, 2391, 2402). 22 Id. (citing P.L. 88-352, Title VII, \u00a7 702, 78 Stat. 241, 255 (July 2, 1964), reprinted in 1964 U.S. Cong. & Admin. News 287, 304). 23 Id. (citing P.L. 92-261 \u00a7 3, 86 Stat. 103-104 (March 24, 1972)). 24 See Subcommittee on Labor of the Committee on Labor and Public Welfare of the United States Senate, Legislative History of the Equal Employment Opportunity Act of 1972 (Comm. Print 1972), at 376, 881, 1229-1230, 1258-1260, cited in Rayburn, 772 F.2d at 1167. 25 Section-by-Section Analysis of H.R. 1746, the Equal Employment Opportunity Act of 1972,reprinted in Legislative History of the Equal Employment Opportunity Act of 1972, at 1844, 1845, cited in Rayburn, 772 F.2d at 1167 (emphasis added). 26 By \"church regulation,\" we mean the internal rules under which a religious institution operates 27 See, e.g., City of Boerne v. Flores, 521 U.S. 507, 564, 117 S. Ct. 2157, 138 L. Ed. 2d 624 (1997) (O'Connor, J., dissenting) (\" [T]he Free Exercise Clause is properly understood as an affirmative guarantee of the right to participate in religious activities without impermissible governmental interference.\") (emphasis added). 28 According to a leading scholar of the religion clauses, \" [t]o grant First Amendment immunity to ... religious organizations in circumstances where its actions were not dictated by religious belief ... is to invite misbehavior. Moreover, it seems unfair to deprive the poorly treated and now-estranged employee of any opportunity to bring the religious entity 2/22/25, 5:42 Lynette M. Petruska, Appellant v. Gannon University; the Board of Trustees of Gannon University; William I. Alford, Ii; Robert H. Alls\u2026 31/39 to account....\" Marci A. Hamilton,God vs. the Gavel: Religion and the Rule of Law 196 (2005). 29 Additionally,Gonzalez has nothing to do with the First Amendment: It was decided based on the terms of the trust, and without reference to the Constitution. See Milivojevich, 426 U.S. at 729-30, 96 S. Ct. 2372 (Rehnquist, J., dissenting). 30 Kedroff v. St. Nicholas Cathedral of the Russian Orthodox Church in N. Am., 344 U.S. 94, 73 S. Ct. 143, 97 L. Ed. 120 (1952), is also inapposite. Kedroff involved a dispute between the Moscow-based Russian Orthodox Church and its North American branch over the right to use and occupy a cathedral. Id. at 95-97, 73 S. Ct. 143 New York law aimed to strengthen the North American branch at the expense of the Moscow-based church. See Kedroff, 344 U.S. at 109, 73 S. Ct. 143. The Supreme Court invalidated the New York statute largely because it was designed \"for the benefit of one segment of a church\" at the expense of another. Id. at 119, 73 S. Ct. 143. Thus, Kedroff stands for the familiar proposition that the state may not favor one religious group over another, a principle that has no relevance to this case. 31 As Milivojevich recognizes, secular courts lack the expertise and authority necessary to interpret church law. Indeed, if a secular court reviewed a church's decision on a matter of church law, the appeal would be \"from the more learned tribunal in the law ... to one which is less so.\" 426 U.S. at 715 n. 8, 96 S. Ct. 2372 (quoting Watson, 80 U.S. (13 Wall.) at 729). 32 The Supreme Court applies a similar principle to neutral laws of general applicability that incidentally burden the activities of an individual, as opposed to a church See Employment Div., Dept. of Human Resources of Oregon v. Smith, 494 U.S. 872, 878-79, 110 S. Ct. 1595, 108 L. Ed. 2d 876 (1990) (\"We have never held that an individual's religious beliefs excuse him from compliance with an otherwise valid law prohibiting conduct that the State is free to regulate. On the contrary, the record of more than a century of our free exercise jurisprudence contradicts that proposition.\"). 33 Jones further states: \"We cannot agree . . . that the First Amendment requires the States to adopt a rule of compulsory deference to religious authority in resolving church property 2/22/25, 5:42 Lynette M. Petruska, Appellant v. Gannon University; the Board of Trustees of Gannon University; William I. Alford, Ii; Robert H. Alls\u2026 32/39 disputes,even where no issue of doctrinal controversy is involved.\" Id. at 605, 99 S. Ct. 3020 (emphasis added). 34 See also DeMarco v. Holy Cross High School, 4 F.3d 166, 169-70 (2d Cir. 1993) (\"While the is `continuously involved in the enforcement of collective bargaining agreements and resolution of labor disputes actions do not require extensive or continuous administrative or judicial intrusion into the functions of religious institutions.\") (citations omitted). 35 This example is purely illustrative, and is not based on the record 36 See also Bollard, 196 F.3d at 950 (\"The limited nature of the inquiry, combined with the ability of the district court to control discovery, can prevent a wide-ranging intrusion into sensitive religious matters.\"). 37 See DeMarco, 4 F.3d at 172 (\" [W]e are confident that the able district judge will be able to focus the trial upon whether DeMarco was fired because of his age or because of failure to perform religious duties, and that this can be done without putting into issue the validity or truthfulness of Catholic religious teaching.\"). 38 As the Supreme Court has recently reminded us, \"we must `refrain from invalidating more of [a] statute than is necessary.'\"See United States v. Booker, 543 U.S. 220, 258, 125 S. Ct. 738, 160 L. Ed. 2d 621 (2005) (quoting Regan v. Time, Inc., 468 U.S. 641, 652, 104 S. Ct. 3262, 82 L. Ed. 2d 487 (1984)). 39 We also note that because Petruska seeks only monetary damages, her suit does not threaten to alter the composition of Gannon's ministerial staff See Bollard, 196 F.3d at 950 (holding that the ministerial exception did not bar a sexual harassment suit against a religious institution, where the plaintiff sought only damages); Minker, 894 F.2d at 1360 (\" [A]s the remedy would be limited to the award of money damages, we see no potential for distortion of church appointment decisions. . . .\"). 40 2/22/25, 5:42 Lynette M. Petruska, Appellant v. Gannon University; the Board of Trustees of Gannon University; William I. Alford, Ii; Robert H. Alls\u2026 33/39 To repeat, Petruska alleges that she opposed limiting the time frame during which a Gannon employee could file a sexual harassment grievance with the university; helped prepare a report criticizing the university's sexual harassment policies; played a pivotal role in notifying Ostrowski and Trautman that Rubino had sexually harassed a Gannon employee for several years; and opposed Trautman's decision to allow a former Gannon priest, who had been terminated for sexual misconduct toward students, to enter the university's campus 41 To allow a secular court to inquire into such matters would contravene Milivojevich, which forbids examination of \"matters of discipline, faith, internal organization, or ecclesiastical rule, custom, or law.\" 426 U.S. at 713, 96 S. Ct. 2372. Applying Milivojevich, the First Circuit dismissed a plaintiff's claim that he was discharged in violation of procedures \"articulated in [a church's] General Constitution, certain Auxiliary Constitutions, and a variety of bylaws, rules, and regulations.\" Natal v. Christian and Missionary Alliance, 878 F.2d 1575, 1576 (1st Cir. 1989). Similarly, in Lewis v. Seventh Day Adventists Lake Region Conference, 978 F.2d 940, 943 (6th Cir. 1992), the Sixth Circuit dismissed state law claims where the employee asserted that his dismissal was based \"on a misapplication of [church] procedures and laws.\" See also Hutchison v. Thomas, 789 F.2d 392, 393 (6th Cir. 1986) (dismissing contract claim based on The Discipline, a collection of Methodist \"rules, laws, and doctrinal statements\"). 42 Similarly, the Eighth Circuit reversed the dismissal of a minister's state law employment claims, reasoning, \" [a]t the present stage of this litigation we are unable to predict that the evidence offered at trial will definitely involve the district court in an impermissible inquiry into . . . bylaws or religious beliefs.\"Drevlow v. Lutheran Church, 991 F.2d 468, 471 (8th Cir. 1993); see also Rayburn, 772 F.2d at 1171 (\"Like any other person or organization, [churches] may be held liable for their torts and upon their valid contracts.\"). 43 In alleging that she was removed as chaplain, Petruska alludes to Gannon's Policies and Procedures Manual, which lists the duties of the chaplain. Presumably, the manual is a statement of Gannon's internal regulations. On remand, the religion clauses may bar Petruska from citing the manual as evidence of her breach of contract claim, for in order to evaluate such evidence, the factfinder might have to consider questions of internal church regulation 2/22/25, 5:42 Lynette M. Petruska, Appellant v. Gannon University; the Board of Trustees of Gannon University; William I. Alford, Ii; Robert H. Alls\u2026 34/39 44 See Christidis v. First Pennsylvania Mortg. Trust, 717 F.2d 96, 99 (3d Cir. 1983) (stating that the requirements of Rule 9(b) \"appl [y] not only to fraud actions under federal statutes, but to fraud claims based on state law.\"). 45 We reject Petruska's argument that Gannon waived the ministerial exception as a defense See Tomic, 442 F.3d at 1042 (\" [T]he ministerial exception . . . is not subject to waiver or estoppel federal court will not allow itself to get dragged into a religious controversy even if a religious organization wants it dragged in.\"). Because Gannon did not waive the ministerial exception, Gannon may assert the exception, as defined by this opinion, in further proceedings. 46 See, e.g v. Roman Catholic Diocese of Raleigh, 213 F.3d 795 (4th Cir. 2000); Rayburn v. Gen'l Conf. of Seventh-Day Adventists, 772 F.2d 1164 (4th Cir. 1985); Combs v. Central Texas Annual Conf. of the United Methodist Church, 173 F.3d 343 (5th Cir. 1999); McClure v. Salvation Army, 460 F.2d 553 (5th Cir. 1972); Alicea-Hernandez v. Catholic Bishop of Chicago, 320 F.3d 698 (7th Cir. 2003); Young v. Northern Illinois Conf. of United Methodist Church, 21 F.3d 184 (7th Cir. 1994); Scharon v. St. Luke's Episcopal Presbyterian Hosp., 929 F.2d 360 (8th Cir. 1991); Elvig v. Calvin Presbyterian Church, 375 F.3d 951 (9th Cir. 2004); Bollard v. Soc'y of Jesus, 196 F.3d 940 (9th Cir. 1999); Gellington v. Christian Methodist Episcopal Church, 203 F.3d 1299 (11th Cir. 2000 v. Catholic Univ. of Amer., 83 F.3d 455 (D.C. Cir. 1996); see also Starkman v. Evans, 198 F.3d 173 (5th Cir. 1999) (applying ministerial exception to Americans with Disabilities Act claim); Werft v. Desert Southwest Annual Conf. of the United Methodist Church, 377 F.3d 1099 (9th Cir. 2004) (same). The First Circuit also addressed the application of the First Amendment to a minister's claims in Natal v. Christian Missionary Alliance, 878 F.2d 1575 (1st Cir. 1989) Although the case involved state law claims rather than any federal employment discrimination law, the Court made clear that inquiry into allegations related to a minister's employment would be barred by the First Amendment. Specifically, it explained: Because of the difficulties inherent in separating the message from the messenger-a religious organization's fate is inextricably bound up with those whom it entrusts with the responsibilities of preaching its word and ministering to its adherents-Natal's case necessarily falls within the scope of the Court's monition. By its nature, the inquiry which Natal would have us undertake into the circumstances of his discharge plunges an 2/22/25, 5:42 Lynette M. Petruska, Appellant v. Gannon University; the Board of Trustees of Gannon University; William I. Alford, Ii; Robert H. Alls\u2026 35/39 inquisitor into a maelstrom of Church policy, administration, and governance. It is an inquiry barred by the Free Exercise Clause. Id. at 1578. 47 In evaluating whether a particular employee is subject to the ministerial exception, other circuits have concluded that the focus should be on the \"function of the position.\"Rayburn, 772 F.2d at 1168. As a general rule, an employee will be considered a minister if her primary duties include \"teaching, spreading the faith, church governance, supervision of a religious order, or supervision of participation in religious ritual and worship.\" Id. at 1169; see, e.g., Alicea-Hernandez, 320 F.3d at 703 (applying ministerial exception to Hispanic Communications Director who functioned as a \"press secretary\" for the church); Starkman, 198 F.3d at 175-76 (holding that Choir Director at Methodist church was minister for purposes of First Amendment analysis); Catholic Univ., 83 F.3d at 455 (applying exception to professor of canon law at Catholic University). Although do not view this list as exclusive agree that the focus on the function of an employee's position is the proper one. 48 See Rayburn, 772 F.2d at 1169 (\" [T]he free exercise clause of the First Amendment protects the act of a decision rather than a motivation behind it. In these sensitive areas, the state may no more require a minimum basis in doctrinal reasoning than it may supervise doctrinal content\"); Combs, 173 F.3d at 350 (\"We cannot conceive how the federal judiciary could determine whether an employment decision concerning a minister was based on legitimate grounds without inserting ourselves into a realm where the Constitution forbids us to tread.\"); Young, 21 F.3d at 186 (quoting Rayburn, 772 F.2d at 1169); Scharon, 929 F.2d at 363 (\"Personnel decisions by church-affiliated institutions affecting clergy are per se religious matters and cannot be reviewed by civil courts for to review such decisions would require the courts to determine the meaning of religious doctrine and canonical law and to impose a secular court's view of whether in the context of the particular case religious doctrine and canonical law support the decision the church authorities have made. This is precisely the kind of judicial second-guessing of decision- making by religious organizations that the Free Exercise Clause forbids.\") (citations omitted); Bollard, 196 F.3d at 947 (indicating that a \"Jesuit order's choice of representative\" is ordinarily \"a decision to which we would simply defer without further inquiry\"); Minker, 894 F.2d at 1357 (finding that court need not determine whether 2/22/25, 5:42 Lynette M. Petruska, Appellant v. Gannon University; the Board of Trustees of Gannon University; William I. Alford, Ii; Robert H. Alls\u2026 36/39 reasons for employment decision were \"independently ecclesiastical in nature\" to apply ministerial exception). As the majority notes in footnote 6, \" [a]lthough the Eleventh Circuit has recognized the ministerial exception, see Gellington, 203 F.3d 1299, it does not appear to address whether the exception applies without regard to motive.\" Maj. Op. at 623, n. 6. Although generally agree with the majority's characterization of Gellington note that the Eleventh Circuit seems to tacitly approve of a conclusion by the Fifth Circuit that \"the constitutional protection of religious freedom afforded to churches in employment actions involving clergy exists even when such actions are not based on issues of church doctrine or ecclesiastical law.\" Gellington, 203 F.3d at 1303 (citing Combs, 173 F.3d at 350). 49 In addition to their role within the religious organization, ministers also have a direct relationship with a church's members: Ministers marry their children and bury their parents; they act as their spiritual counselors and serve as their moral advisors. To these members, the selection of a minister is undoubtedly a question of religious concern 50 Petruska argues that she was not a \"chaplain\" as that term is understood in the Roman Catholic Church, nor did she have any written job requirements which specifically defined her position at the University. Nevertheless, Petruska's own complaint establishes that her primary duties involved ministerial functions. Among other things, Petruska alleges that she served as co-chair for the Catholic Identity Task Force, held prayer services, and was traditionally involved in planning liturgies. Moreover, as the District Court correctly noted, her own \"performance objectives\" included \"develop [ing] strategies to increase participation in sacramental life of [the] Gannon community.\" It is clear from the face of Petruska's complaint that the functions she performed as University Chaplain were ministerial in nature With respect to the Vice President of Mission and Ministry position, Petruska alleges that Rouch was installed in that role and served in a supervisory capacity over the Chaplain's Division. To the extent that the Vice President of Mission and Ministry supervises spiritual functionaries, at least some of the functions he performs are, by definition, spiritual functions. 51 acknowledge that it may not always be clear whether a minister's Title claim involves \"a church's decision regarding who will perform spiritual functions.\" For example, in Elvig 2/22/25, 5:42 Lynette M. Petruska, Appellant v. Gannon University; the Board of Trustees of Gannon University; William I. Alford, Ii; Robert H. Alls\u2026 37/39 v. Calvin Presbyterian Church, 375 F.3d 951, 955 (9th Cir. 2004), the Ninth Circuit considered a Presbyterian minister's claims that she was sexually harassed and subject to retaliation by her supervising pastor. The Elvig Court recognized that a church's decisions in selecting its clergy are protected by the First Amendment and held that to the extent that a plaintiff's claims implicated ministerial employment decisions, the claims were foreclosed. Nevertheless, over a vigorous dissent, the Court concluded that, in that case, the sexual harassment, hostile work environment, and retaliation claims (verbal abuse and intimidation) did not implicate protected employment decisions. It therefore reversed the district court's order dismissing those claims. In Petruska's case, the retaliatory conduct at issue is the employment decision itself, which Elvig recognizes as a decision protected by the Free Exercise Clause. Because Petruska does not raise a sexual harassment or hostile work environment claim and because the retaliatory conduct she alleges constitutes a protected choice, we need not decide today whether the types of claims in Elvig would fall within the ministerial exception to Title VII. 52 agree with the majority insofar as it concludes that Petruska has failed to plead fraud with sufficient specificity under Federal Rule of Civil Procedure 9(b), and accordingly, concur in its judgment to affirm the dismissal of Count 53 Civil conspiracy requires proof that two or more persons combined to do an unlawful act or to do an otherwise lawful act by unlawful means See, e.g., Thompson Coal Co. v. Pike Coal, 488 Pa. 198, 412 A.2d 466, 472 (1979). 54 Under Pennsylvania law, an employer may be liable for negligent supervision \"where the employer fails to exercise ordinary care to prevent an intentional harm to a third party which (1) is committed on the employer's premises by an employee acting outside the scope of his employment and (2) is reasonably foreseeable.\"Mullen v. Topper's Salon & Health Spa, Inc., 99 F. Supp. 2d 553, 556 (E.D. Pa. 2000) (citations omitted). Although Petruska's First Amended Complaint is replete with references to the current priest sexual abuse scandals and allegations that Bishop Trautman covered up harassment and abuse directed towards other individuals, the only intentional harm to which she claims she was personally subjected is the underlying discrimination and retaliation. 2/22/25, 5:42 Lynette M. Petruska, Appellant v. Gannon University; the Board of Trustees of Gannon University; William I. Alford, Ii; Robert H. Alls\u2026 38/39 Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 2/22/25, 5:42 Lynette M. Petruska, Appellant v. Gannon University; the Board of Trustees of Gannon University; William I. Alford, Ii; Robert H. Alls\u2026 39/39", "7344_105.pdf": "Petruska v. Gannon University, 350 F. Supp. 2d 666 (W.D. Pa. 2004 District Court for the Western District of Pennsylvania - 350 F. Supp. 2d 666 (W.D. Pa. 2004) December 27, 2004 350 F. Supp. 2d 666 (2004) Lynette M. PETRUSKA, Plaintiff v UNIVERSITY, et al., Defendants. Civil Action No. 04-80 Erie. United States District Court, W.D. Pennsylvania. December 27, 2004. 667 668 AnnDrea M. Benson, Esq., Edinboro, PA, C. John Pleban, Esq., Pleban & Associates, St. Louis, MO, Attorneys for Plaintiff. Evan C. Rudert, Esq., Elderkin, Martin, Kelly & Messina, Erie, PA, Attorney for Gannon University, The Board of Trustees, and Defendants Trautman, Rubino, Garibaldi, and Rouch in their official capacities. Kenneth W. Wargo, Esq., Frank L. Kroto, Jr., Esq., Quinn, Buseck, Leemhuis, Toohey & Kroto, Inc., Erie, PA, Attorneys for Defendants Trautman, Rubino, Garibaldi, and Rouch in their individual capacities. 2/22/25, 5:43 Petruska v. Gannon University, 350 F. Supp. 2d 666 (W.D. Pa. 2004) :: Justia 1/24 MCLAUGHLIN, District Judge. This case is brought by Plaintiff, Lynette M. Petruska, against Gannon University, its Board Members, and certain of its current or former officials and arises out of disputes relating to her prior employment as Chaplain for the University. Petruska's First Amended Complaint asserts various state law claims as well as claims of retaliatory and gender-based employment discrimination in violation of Title of the Civil Rights Act of 1964, 42 U.S.C. \u00a7 2000(e) et seq. Defendants have moved to dismiss the First Amended Complaint in its entirety for lack of subject 669 matter jurisdiction. Because we conclude that we are prohibited on First Amendment grounds from adjudicating Plaintiff's claims, the Defendants' motions will be granted We note at the outset that Defendants' motions present a facial challenge to this Court's subject matter jurisdiction. See Gould Electronics, Inc. v. United States, 220 F.3d 169, 176 (3d Cir. 2000) (a Rule 12(b) (1) motion may be treated as either a facial or factual challenge to the court's subject matter jurisdiction). In reviewing a facial attack, courts consider only the allegations of the complaint and documents referenced therein and attached thereto and must view them in the light most favorable to the plaintiff. Id. Thus, unlike a factual attack, which requires the court to\" `weigh the evidence and satisfy itself as to the existence of its power to hear the case,'\" a facial attack \"offers the plaintiff the safeguard of requiring the court to consider the allegations of the complaint as true.\" Doe v. Goldstein's Deli, 82 Fed.Appx. 773, 775, No. 02-1361, 2003 22998139 at 1 (Dec. 19, 2003) (quoting Mortensen v. First Federal Sav. and Loan Ass'n, 549 F.2d 884, 891 (3d Cir.1977)). Nevertheless, we also note that Plaintiff's various submissions in opposition to the motions to dismiss assert factual allegations and/or make reference to documents not included within her First Amended Complaint or appended thereto. To the extent Plaintiff makes reference to matters outside of the pleadings, we construe her position as an informal request to further amend her First Amended Complaint consistent with the factual allegations contained in her oppositional papers. In short, the Court has considered all of the Plaintiff's submissions, and we have credited Plaintiff's allegations for the purpose of testing whether there are genuine disputed issues in existence that would bear on this Court's subject matter jurisdiction. 2/22/25, 5:43 Petruska v. Gannon University, 350 F. Supp. 2d 666 (W.D. Pa. 2004) :: Justia 2/24 Regardless whether Defendants' motion is construed as a facial attack or a factual attack, however, it is ultimately the Plaintiff's burden to establish this Court's jurisdiction. See Pennsylvania Protection and Advocacy, Inc. v. Houston, 136 F. Supp. 2d 353, 359 (E.D.Pa.2001) (citing Turner v. Bank of North America, 4 Dall. 8, 4 U.S. 8, 1 L. Ed. 718 (1799)). With this standard of review in mind, we set forth below the material allegations in Plaintiff's First Amended Complaint Gannon University is a private, Catholic, diocesan college established under the laws of the Commonwealth of Pennsylvania and located in Erie, Pennsylvania. The University receives both federal and state funding to further its educational mission. (First Amended Complaint hereinafter, \"FAC\" at \u00b6 2.) Gannon's Board of Trustees is the University's governing body with \"full and complete authority to conduct the affairs of the University at \u00b6 3.) Defendant Bishop Donald Trautman is the Bishop of the Roman Catholic Diocese of Erie 670 and, pursuant to Gannon's bylaws, Chair of the Gannon Board of Trustees, having certain extraordinary powers reserved to him by the Board \u00b6 4.) Defendant Monsignor David Rubino served as president of Gannon University from 1991 until his resignation in May of 2000 \u00b6 5.) Thereafter, he was replaced by Defendant Antoine Garibaldi, Gannon's current president. (Id. at \u00b6 6.) Defendant Reverend Nicholas Rouch is the part-time Vice President for Mission and Ministry at Gannon. (Id. at \u00b6 7.) Plaintiff was initially hired by Gannon as Director for the University's Center for Social Concerns and commenced her employment on July 16, 1997 \u00b6 9.) In considering and accepting this position, Plaintiff relied upon Gannon's self-representation as an equal opportunity employer that does not discriminate on the basis of, among other things, gender. (Id.) Shortly after Plaintiff was hired, Defendant Rouch then Chaplain for the University left his position to commence a three year period of study in Rome \u00b6 10.) Rouch received assurances from the Administration that he would return to his position as Chaplain once he concluded his studies. After Rouch's interim replacement resigned, another chaplain was needed to fill the vacancy. (Id.) [1] 2/22/25, 5:43 Petruska v. Gannon University, 350 F. Supp. 2d 666 (W.D. Pa. 2004) :: Justia 3/24 Effective July 1, 1999, Plaintiff was appointed Chaplain for the University \u00b6 11.) In accepting this appointment, Plaintiff sought, received, and relied upon assurances from Rubino \"that she would not be used by the University only to be replaced when a male became available to fill the position, or specifically when Rouch returned from Rome \u00b6 12.) Rubino assured Plaintiff that Trautman had approved her appointment as permanent Chaplain and that her tenure would be based upon her performance, not her gender. (Id.) Similar representations were made on Plaintiff's behalf to the president of Plaintiff's religious order \u00b6 14.) Rubino subsequently took a leave of absence as Gannon's President after allegations surfaced that he had had a sexual affair with a subordinate at the University \u00b6 15.) Shortly after Rubino's departure, another female employee at the University came forward with accusations that Rubino had sexually harassed her for a number of years \u00b6 16.) Plaintiff was instrumental in bringing this claim to the attention of Trautman and Dr. Thomas Ostrowski, then Provost of Gannon. (Id.) Following Rubino's resignation in May of 2000, Gannon engaged in a campaign to cover- up Rubino's sexual misconduct at the insistence of Trautman \u00b6 17.) Plaintiff was vocal in opposing this and other of the Administration's policies and procedures which she viewed as discriminatory toward females \u00b6 64.) One such policy was Trautman's willingness to allow allegedly abusive clergy to remain on campus, including at least one former Gannon priest who had been removed because of sexual misconduct directed at students \u00b6\u00b6 31, 64.) Plaintiff also strongly opposed the University's efforts, during the time that Rubino was coming under investigation for alleged sexual harassment of females, to limit the time frame within which victims of sexual harassment could file grievances \u00b6 65.) Moreover, as Chair of the University's Institutional Integrity Committee, Plaintiff was instrumental in submitting a Middle States accreditation report which raised issues of gender-based inequality in the pay of Gannon's female employees and which was critical of the University's policies and procedures for addressing complaints of sexual harassment and other forms of discrimination. Despite pressure from the University's administration, 671 Plaintiff refused to change those portions of the report which were critical of the University \u00b6\u00b6 66-68.) Plaintiff contends that, in retaliation for the foregoing conduct and because of her gender, she was discriminated against in the terms and conditions of her employment. In essence, Plaintiff avers that while nominally retaining the title of University Chaplain she was demoted in several respects, to wit: she was removed from her status as a member of the President's staff; 2/22/25, 5:43 Petruska v. Gannon University, 350 F. Supp. 2d 666 (W.D. Pa. 2004) :: Justia 4/24 * her position as head of the Chaplain Division was unilaterally restructured at the behest and direction of Trautman such that she was placed under Rouch's supervision when the latter was appointed to the newly created Vice President for Mission and Ministry; * many of the responsibilities and important decisions traditionally made by the University Chaplain including those involving liturgical planning and/or impacting the University's Catholic identity were taken from Plaintiff and were reassigned either to Garibaldi or Rouch; and * in a meeting with Garibaldi on April 18, 2002 Plaintiff was instructed to limit her comments when she was invited to speak at University events as Chaplain. Trautman's decision to appoint Rouch as Vice President for Mission and Ministry, with supervisory power over Plaintiff, was contrary to both the University's bylaws, which vested power to create new academic or non-academic positions with the President of the University (not the Chair of the Board), and the University's policy at the time of reducing the number of top level administration positions \u00b6 20.) Moreover, Trautman created this position without any input from the University or its administration and without any determination by the University's then-interim President, Dr. Ostrowski, that there was a need for the position. (Id.) In fact, Plaintiff alleges that Dr. Ostrowski repeatedly broached with her the possibility of Plaintiff accepting another position within the University, stressing that Trautman and Rouch would never let her remain Chaplain because of her gender \u00b6\u00b6 21, 24.) Upon beginning his term as University President, Defendant Garibaldi effectuated the plan of restructuring Plaintiff's employment so as to remove her from the President's staff and place the Chaplain's Division under the supervision of Rouch \u00b6\u00b6 27-29, 36-37.) Contrary to the mandates of the University's Governance Manual, this \"restructuring\" was carried out without first being presented to the President's Council for consultation and approval \u00b6 37.) Rouch subsequently contacted Plaintiff for the purpose of discussing the restructuring. Plaintiff declined meeting with Rouch on the ground that she first wanted to meet with Garibaldi to address her concerns about the perceived gender discrimination \u00b6\u00b6 40- 46.) Garibaldi declined Plaintiff's invitation for a meeting and advised her that if she did not report to Rouch, the University would take \"appropriate action,\" which Plaintiff understood to mean the termination of her employment \u00b6 47.) 2/22/25, 5:43 Petruska v. Gannon University, 350 F. Supp. 2d 666 (W.D. Pa. 2004) :: Justia 5/24 Believing that she was about to be fired, Plaintiff served Gannon with two weeks notice of her resignation on October 14, 2002 \u00b6 48.) Plaintiff was advised the following day that her resignation was accepted effective immediately and that she was to pack her belongings and leave the campus. Her access to the campus and to students was strictly limited thereafter. 672 \u00b6 49.) Following Plaintiff's departure, Rouch stated on several occasions to both students and staff that a female would not be considered to replace Plaintiff as Chaplain \u00b6 53.) After exhausting her administrative remedies with the EEOC, Plaintiff commenced this action. Her First Amended Complaint asserts six distinct theories of recovery. Count One asserts a claim of gender discrimination under Title against all Defendants. Count Two asserts a Title claim for retaliatory discrimination against all Defendants. Count Three asserts claims against Gannon, Rubino and Trautman for fraudulent misrepresentations relative to her hiring and appointment as University Chaplain. Count Four asserts claims of civil conspiracy against Trautman, Garibaldi and Rouch relative to their alleged Title violations. Count Five alleges claims against Gannon and Garibaldi for breach of contract. Count Six alleges claims against Gannon and its Board for negligent supervision and retention of Trautman as Chair of the Board, Garibaldi as President, and Rouch as Part- time Vice Present of the University. Defendants have moved to dismiss all claims on the ground that they are barred by the so- called \"ministerial exception,\" which is frequently applied in employment discrimination cases involving religious institutions. The issues have been briefed, argued, and are ripe for disposition The ministerial exception is rooted in the First Amendment which provides that \"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof ...\" U.S. CONST. AMEND. I. It is axiomatic that these proscriptions on government authority extend to the judicial branch as well as the legislative branch. See Kreshik v. Saint Nicholas Cathedral, 363 U.S. 190, 191, 80 S. Ct. 1037, 4 L. Ed. 2d 1140 (1960). Among the prerogatives protected by the Free Exercise Clause is the right of religious institutions to manage their internal affairs. See Kedroff v. St. Nicholas Cathedral of the Russian Orthodox Church in North America, 344 U.S. 94, 116, 73 S. Ct. 143, 97 L. Ed. 120 (1952) (Free Exercise Clause protects the power of religious organizations \"to decide for 2/22/25, 5:43 Petruska v. Gannon University, 350 F. Supp. 2d 666 (W.D. Pa. 2004) :: Justia 6/24 themselves, free from state interference, matters of church government as well as those of faith and doctrine.\"). The Supreme Court has been particularly deferential in matters involving the church's selection of its own clergy. See, e.g., Gonzalez v. Roman Catholic Archbishop of Manila, 280 U.S. 1, 16, 50 S. Ct. 5, 74 L. Ed. 131 (1929) (\"it is the function of the church authorities to determine what the essential qualifications of a chaplain are and whether the candidate possesses them\"); Serbian Eastern Orthodox Diocese v. Milivojevich, 426 U.S. 696, 717, 96 S. Ct. 2372, 49 L. Ed. 2d 151 (1976) (\"questions of church discipline and the composition of church hierarch are at the core of ecclesiastical concern.\"). The Establishment Clause prohibits laws \"respecting an establishment of religion I. In Lemon v. Kurtzman, 403 U.S. 602, 612-13, 91 S. Ct. 2105, 29 L. Ed. 2d 745 (1971), the Supreme Court held that a statute comports with the Establishment Clause if it has a secular legislative purpose, if its principal or primary effect neither advances nor inhibits religion, and if it does not foster an \"excessive government entanglement with religion.\" Unconstitutional entanglement with religion may arise in situations \"where a `protracted legal process pit(s) church and state as adversaries,' ... and 673 where the Government is placed in a position of choosing among `competing religious visions v. Catholic University of America, 83 F.3d 455, 465 (D.C.Cir.1996) (internal and end citations omitted). Consistent with these principles, a number of circuit courts of appeals have held that the First Amendment precludes courts from adjudicating employment discrimination suits between church and minister. Among the first decisions involving Title was McClure v. The Salvation Army, 460 F.2d 553 (5th Cir.1972), a case in which the plaintiff, Billie B. McClure, an ordained minister in the Church of the Salvation Army, sued the Church under Title VII, alleging that she had received less salary and fewer benefits than similarly situated male officers and that she had been discharged because of her complaints relative to these practices. The Fifth Circuit Court of Appeals was confronted with the issue whether application of Title in McClure's case would violate First Amendment principles. Quoting from Sherbert v. Verner, 374 U.S. 398, 83 S. Ct. 1790, 10 L. Ed. 2d 965 (1963) and West Virginia State Bd. of Education v. Barnette, 319 U.S. 624, 63 S. Ct. 1178, 87 L. Ed. 1628 (1943), the court observed that it is only in the rarest of occasions e.g., where there is a need to prevent the \"gravest abuses, endangering paramount [state] interests\" that government-imposed limitations on the free exercise of religion can be upheld. 460 F.2d at 558. Regarding matters of employment, the court noted that: 2/22/25, 5:43 Petruska v. Gannon University, 350 F. Supp. 2d 666 (W.D. Pa. 2004) :: Justia 7/24 [t]he relationship between an organized church and its ministers is its lifeblood. The minister is the chief instrument by which the church seeks to fulfill its purpose. Matters touching this relationship must necessarily be recognized as of prime ecclesiastical concern. Just as the initial function of selecting a minister is a matter of church administration and government, so are the functions which accompany such a selection. 460 F.2d at 558-59. The Church's practices relative to its ministers' assignments, salaries, and duties, the court concluded, were \"matters of church administration and government and thus, purely of ecclesiastical cognizance.\" Id. at 560. The court found that application of Title to McClure's case would necessarily involve an investigation and review of these practices which, in turn, would result in state interference in matters of church administration and government \"matters of a singular ecclesiastical concern\" and threaten the separation of church and state contemplated by the Establishment Clause. Id. Despite these concerns, the court determined it need not rule on this constitutional issue because, it held, Congress did not intend the statute to regulate the employment relationship between church and minister. Id. at 560-61. Several other circuit courts of appeals have since applied this exception to cases involving employment disputes between church and minister. See, e.g., Werft v. Desert Southwest Annual Conference of the United Methodist Church, 377 F.3d 1099, 1104 (9th Cir.2004) (minister's claims under Title VII, the Rehabilitation Act of 1978, the Americans with Disabilities Act of 1990, and the Arizona Civil Rights Act, all of which were grounded in the church's alleged failure to accommodate minister's disabilities, were part of the employment relationship between church and minister and were therefore properly dismissed under the ministerial exception); Alicea-Hernandez v. Catholic Bishop of Chicago, 320 F.3d 698, 703-04 (7th Cir.2003) (court lacked subject matter jurisdiction to address Title gender discrimination claims raised by plaintiff with ministerial duties); Gellington v. Christian Methodist Episcopal Church, Inc., 203 F.3d 1299, 674 1304 (11th Cir.2000) (minister's Title claims that he was retaliated against and constructively discharged as a result of assisting a female minister in her sexual harassment complaint was barred by Free Exercise Clause and Establishment Clause); Catholic University of America, 83 F.3d at 461 (First Amendment precluded judicial review of nun's Title gender discrimination and retaliation claims which were premised on the denial of her application for tenure in religious university's Department of Canon Law); Lewis v. Seventh Day Adventists Lake Region Conference, 978 F.2d 940, 942 (6th Cir.1992) (affirming dismissal of minister's breach of contract and promissory estoppel claims on First Amendment grounds); Scharon v. St. Luke's Episcopal Presbyterian Hosps., 929 F.2d 360, 363 (8th Cir.1991) (court's adjudication of hospital chaplain's Title and age 2/22/25, 5:43 Petruska v. Gannon University, 350 F. Supp. 2d 666 (W.D. Pa. 2004) :: Justia 8/24 discrimination claims was barred by First Amendment); Natal v. Christian and Missionary Alliance, 878 F.2d 1575, 1577 (1st Cir.1989) (affirming dismissal of clergyman's wrongful termination claim based upon Free Exercise clause); Rayburn v. General Conf. of Seventh-Day Adventists, 772 F.2d 1164 (4th Cir.1985) (plaintiff's Title challenge to denial of pastoral appointment was barred by religion clauses of First Amendment). The ministerial exception \"does not apply solely to the hiring and firing of ministers, but also relates to the broader relationship between an organized religious institution and its clergy.\" Werft, 377 F.3d at 1103. In fact, any matters \"touching this relationship\" are necessarily considered \"as of prime ecclesiastical concern.\" McClure, 460 F.2d at 559. Issues such as a minister's salary, place of assignment, and the duty he is to perform in furtherance of the religious mission of the church are all matters \"touching\" the church- minister relationship. Id. While the Third Circuit Court of Appeals has not formally adopted the ministerial exception in an employment discrimination case, we predict that it would apply the exception in appropriate circumstances. In Little v. Wuerl, 929 F.2d 944 (3d Cir.1991), the Third Circuit observed that the right to freely exercise one's religion is \"guaranteed not only to individuals but also to churches in their collective capacities, which must have `power to decide for themselves, free from state interference, matters of church government as well as those of faith and doctrine.'\" 929 F.2d at 947 (citing Rayburn, supra, at 1167). Continuing, the court recognized that other federal courts \"[r]elying on this basic principle ... have consistently found that Title does not apply to the relationship between ministers and the religious organizations that employ them, even where discrimination is alleged on the basis of race or sex.\" Id. (citing McClure, supra and Rayburn, supra). Little did not involve application of the ministerial exception; rather, it involved the generally recognized right of religious institutions to discriminate on the basis of religion against both ministerial and non-ministerial employees alike. In Little, a non-Catholic teacher formerly employed at a Catholic school claimed that the school engaged in religious discrimination against her in violation of Title when, as a result of her remarriage, it failed to renew her contract. In addressing the viability of Little's claim, the court applied the teachings of N.L.R.B. v. Catholic Bishop of Chicago, 440 U.S. 490, 99 S. Ct. 1313, 59 L. Ed. 2d 533 (1979), and framed the following inquiries: (1) whether applying Title to the Parish's decision in Little's case would raise substantial constitutional questions and, if it would, (2) whether Congress clearly expressed an intent that Title be applied to this kind of decision. 929 675 F.2d at 947. The court answered the first inquiry affirmatively, finding that application of Title VII's prohibition of religions discrimination to Little's case 2/22/25, 5:43 Petruska v. Gannon University, 350 F. Supp. 2d 666 (W.D. Pa. 2004) :: Justia 9/24 would raise \"serious constitutional questions\" under both the Free Exercise and Establishment Clauses. Id. at 949. However, the court addressed the second inquiry in the negative, concluding that there was no indication Congress affirmatively intended Title to apply to situations, like that of Little, in which \"a parochial school [discharges] a Catholic or non-Catholic teacher who has publicly engaged in conduct regarded by the school as inconsistent with its religious principles.\" Id. at 951. The Little Court thus held that Little's claims lacked viability under Title VII, but not for reasons involving the ministerial exception. In Geary v. Visitation of the Blessed Virgin Mary Parish School, 7 F.3d 324 (3d Cir.1993), the Third Circuit addressed a lay teacher's claim that she was dismissed by a church- operated elementary school on the basis of her age, in violation of the Age Discrimination in Employment Act, and that her health benefits were canceled in retaliation for having filed the suit. Like the court in Little, the Geary Court employed the inquiry set forth in Catholic Bishop. However, the Geary Court concluded its analysis at the first prong, determining that application of the in Geary's case would not present a significant risk of infringing First Amendment rights. Given the limited scope of inquiry involved in Geary's claim and the fact that the school had proffered no religious doctrine in support of her termination and loss of health benefits, the court concluded that application of the to the lay faculty of a religious school would not present a significant risk of entanglement. The court explained that \"when the pretext inquiry neither traverses questions of the validity of religious beliefs nor forces a court to choose between parties' competing religious visions, that inquiry does not present a significant risk of entanglement.\" Id. at 330. The Court contrasted situations where \"the employee who challenges an employment decision is a member of the clergy,\" noting that \"some courts have refused to allow even this limited inquiry into pretext.\" Id. (citing Scharon v. St. Luke's Episcopal Presbyterian Hosps., supra). However, the court concluded that the ministerial exception was inapplicable to Geary: notwithstanding Geary's apparent general employment obligation to be a visible witness to the Catholic Church's philosophy and principles, a court could adjudicate Geary's claims without the entanglement that would follow were employment of clergy or religious leaders involved. Compare DeMarco [v. Holy Cross High School], 4 F.3d [166, 172 (2d Cir.1993)] (distinguishing case in which employer/employee relation is so pervasively religious that no pretext inquiry can be made without offending First Amendment, and case in which references to employee's religious inadequacy are limited to very specific, testable allegations). 2/22/25, 5:43 Petruska v. Gannon University, 350 F. Supp. 2d 666 (W.D. Pa. 2004) :: Justia 10/24 7 F.3d at 331. We read Little and Geary as at least tacit acknowledgment by our Circuit Court of Appeals that it would apply the ministerial exception in appropriate circumstances. This, of course, begs the question whether the instant case presents \"appropriate circumstances.\" Plaintiff maintains that the exception is inapplicable to her case because, she insists, she is not a \"minister.\" Plaintiff points out that, under Roman Catholic Canonical law, only ordained priests can be chaplains or ministers, and only males can be ordained priests. According to Petruska, \"[i]t is somewhat hypocritical of the 676 church affiliated defendants to argue that Petruska is a minister and a chaplain, when their church hierarchy would claim that she is neither.\" (Pl.'s Amended Br. in Opp. to Def.s' Mot. to Dismiss [Doc. No. 58]at p. 11.) Be that as it may, the question whether an individual is a \"minister\" for purposes of the ministerial exception is a matter determined by federal common law, not ecclesiastical law, and federal courts have endorsed a functional approach to this inquiry. See Alicea-Hernandez, 320 F.3d at 703-04 (\"In determining whether an employee is considered a minister for the purposes of applying this exception, we do not look to ordination but instead to the function of the position\"; plaintiff's duties as press secretary for Archdiocese of Chicago were ministerial in nature where plaintiff was integral in shaping the message that the Church presented to the Hispanic community); Catholic University of America, 83 F.3d at 457 (\"The ministerial exception encompasses all employees of a religious institution, whether ordained or not, whose primary functions serve its spiritual and pastoral mission.\") (nun's role as professor within Catholic University's Department of Canon Law was the functional equivalent of a minister despite the fact that she was not ordained by the Catholic Church); Rayburn, 772 F.2d at 1169 (ministerial exception applies to lay employees of religious institutions whose \"primary duties consist of teaching, spreading the faith, church governance, supervision of a religious order, or supervision or participation in religious ritual and worship\"; if their positions are \"important to the spiritual and pastoral mission of the church\" they should be considered \"clergy\") (internal quotation marks and citations omitted v. Southwestern Baptist Theological Seminary, 651 F.2d 277, 283 (5th Cir.1981) (non- ordained faculty at Baptist seminary would be considered \"ministers\" where no course has a \"strictly secular purpose\"). Plaintiff's allegations establish that she was appointed to the position of University Chaplain on July 1, 1999 \u00b6 1.) While Plaintiff, as Chaplain, initially served as head of the Chaplain's Division, she was subsequently placed under the supervision of the Vice President for Mission and Ministry, headed by Defendant Rouch. (Id. at \u00b6\u00b6 1, 20, 37.) Her 2/22/25, 5:43 Petruska v. Gannon University, 350 F. Supp. 2d 666 (W.D. Pa. 2004) :: Justia 11/24 employment responsibilities included serving as co-chair of Gannon's Catholic Identity Task Force, thereby giving her input into \"issue[s] impacting the Catholic identity of the University,\" until Garibaldi allegedly undermined her involvement in these issues. (See id. at \u00b6 28) Plaintiff also held prayer services as Chaplain and was traditionally involved in the planning of liturgies \u00b6 29, 36.) Petruska's June 2002 performance evaluation, which is appended to her First Amended Complaint, indicates that \"[t]he office of the Chaplin has primarily worked with students and the Catholic Identity Task Force in student development and mission-focused activities [Doc. No. 49] at Ex. 1, p. 2.) Other comments indicate that the \"major events\" of the Chaplain's Office include liturgies and service trips, among other things. (Id.) Her \"performance objectives\" for the next review period were as follows: 1. More regular meetings w[ith] [the University] President to keep him abreast of issue [sic] and concerns [and] to discuss issues more thoroughly before presentation to [the] broader constituency[;] 2. Continue to develop strategies to increase participation in [the] sacramental life of [the] Gannon community[;] 3. Increase involvement of [the] Catholic Identity Task Force in promoting [the] Catholic Identity of [the] University 677 [ and] discussion of Gannon's mission[;] 4. Continue to develop faculty [and] staff as partners in... [the] sacramental/ spiritual mission of [the] University[.] (Id. at p. 3.) While Petruska downplays the ministerial nature of her prior job responsibilities and cites her involvement in various secular job-related activities, it is evident from her own allegations that, as University Chaplain, she was instrumental in implementing Gannon's Catholic mission and actively involved in communicating that message to a broad lay constituency. Her own allegations and submissions suggest that her primary duties included, inter alia, \"spreading the [Catholic] faith\" and \"supervisi[ng] or participati [ng] in religious ritual and worship.\" See Rayburn, 772 F.2d at 1169. Given the importance of Petruska's role vis-a-vis the spiritual and pastoral mission of the University, see Catholic University of America, 83 F.3d at 457 and Rayburn, 772 F.2d at 1169, she must be considered a \"ministerial\" employee. Nor is it significant that Gannon has not asserted a religious basis for the challenged employment actions, for \"[t]he focus under the ministerial exception is on the action taken [2] 2/22/25, 5:43 Petruska v. Gannon University, 350 F. Supp. 2d 666 (W.D. Pa. 2004) :: Justia 12/24 [by the employer], not possible motives.\" Catholic University of America, 83 F.3d at 465. Indeed, \"[t]he exception precludes any inquiry whatsoever into the reasons behind a church's ministerial employment decision v. Roman Catholic Diocese of Raleigh, N.C., 213 F.3d 795, 802 (4th Cir.2000). \"The church need not, for example, proffer any religious justification for its decision, for the Free Exercise Clause `protects the act of a decision rather than a motivation behind it.'\" Id. (quoting Rayburn, supra, 772 F.2d 1164, 1169 (4th Cir.1985)). See also Werft, 377 F.3d at 1103 (\"it is the decision itself which is exempt the courts may not even look into the reasoning\"); Alicea-Hernandez, 320 F.3d at 703 (\"It is ... not our role to determine whether the Church had a secular or religious reasons for the alleged mistreatment of Alicea-Herenandez. The only question is that of the appropriate characterization of her position.\"); Bollard v. California Province of the Society of Jesus, 196 F.3d 940, 946 (9th Cir.1999) (\"[T]he ministerial relationship lies so close to the heart of the church that it would offend the Free Exercise Clause simply to require the church to articulate a religious justification for its personnel decision.\"); Rayburn, 772 F.2d at 1169 (\"In these sensitive areas, the state may no more require a minimum basis in doctrinal reasoning than it may supervise doctrinal content.\"); Patsakis v. Greek Orthodox Archdiocese of America, 339 F. Supp. 2d 689, 697 n. 1 (W.D.Pa.2004) (\"[T]o delve into the reasons for Patsakis' termination before deciding whether she is a `minister' would enmesh the court in the very investigation and review of church matters that 678 the ministerial exception was designed to prevent.\"). In sum, Petruska's observation that Gannon has not posited a religious motivation for the challenged employment action is of no legal moment. Petruska also suggests that the ministerial challenge does not survive the Supreme Court's decision in Employment Division, Dept. of Human Resources of Oregon v. Smith, 494 U.S. 872, 110 S. Ct. 1595, 108 L. Ed. 2d 876 (1990). In Smith, the Supreme Court held that the Free Exercise Clause did not require the State of Oregon to permit an exception, based on the religious use of peyote, from the general criminal prohibition on the use of the drug. In so holding, the Court explained that \"the right of free exercise does not relieve an individual of the obligation to comply with a valid and neutral law of general applicability on the ground that the law proscribes ... conduct that his religion prescribes ...\" Id. at 879, 110 S. Ct. 1595. However, numerous federal courts of appeals have rejected the argument that Smith somehow undermines the ministerial exception. See Roman Catholic Diocese, 213 F.3d at 800 n. ; Gellington, 203 F.3d at 1303; Combs v. Central Texas Annual Conf. of United Methodist Church, 173 F.3d 343, 350 (5th Cir.1999); Catholic University of America, 83 F.3d at 462-63. Accord Bryce v. Episcopal Church in the Diocese of Colorado, 289 F.3d 2/22/25, 5:43 Petruska v. Gannon University, 350 F. Supp. 2d 666 (W.D. Pa. 2004) :: Justia 13/24 648, 656 (10th Cir.2002) (applying the rationale of these cases and finding that the church autonomy doctrine similarly remains viable after Smith). As the Eleventh Circuit Court of Appeals has succinctly explained: The Smith decision focused on the first type of government infringement on the right of free exercise of religion infringement on an individual's ability to observe the practices of his or her religion. The second type of government infringement interference with a church's ability to select and manage its own clergy was not at issue in Smith. The Court's concern in Smith was that if an individual's legal obligations were contingent upon religious beliefs, those beliefs would allow each individual\" `to become a law unto himself.'\" ... The ministerial exception does not subvert this concern; it was not developed to provide protection to individuals who wish to observe a religious practice that contravenes a generally applicable law. Rather, the exception only continues a long- standing tradition that churches are to be free from government interference in matters of church governance and administration. .... Also, because the ministerial exception is based on this tradition and not on strict scrutiny, the Court's rejection in Smith of the compelling interest test does not affect the continuing vitality of the ministerial exception. Gellington, 203 F.3d at 1303-04. We find the foregoing authority persuasive and therefore hold that Smith does not undermine the viability of the ministerial exception. Petruska also asserts several theories as to why this Court should consider the \"ministerial exception\" waived for present purposes. She contends, for example, that the Defendants have waived the exception by failing to expressly raise it during proceedings. However, several courts have ruled that a defendant's failure to invoke a defense during proceedings does not necessarily waive the defense for purposes of district court proceedings. See, e.g., McGinty v. New York, 251 F.3d 84, 93-94 (2d Cir.2001) (failure of state defendants to raise Eleventh Amendment immunity as a defense in proceedings did not constitute a \"waiver of immunity\" in a subsequent 679 federal court action under the ADEA); Brennan v. King, 139 F.3d 258, 263 (1st Cir.1998) (failure of university to invoke professor's refusal to arbitrate discrimination claims within university's internal appeals process as defense to plaintiff's charges before the did not constitute a waiver of the defense in district court proceedings); Cook v. Union Camp Corp., No. CIV. A.1:95CV140-S-D, 1996 407549 at 3 (N.D.Miss. April 4, 1996) (defendant's failure to have raised the 180-day limitation defense before the did not waive its right to assert the defense in federal court); Byrnes v. Herion Inc., 757 F. Supp. 648, 653 (W.D.Pa.1990) (failure to raise limitations defense at level did not constitute waiver in federal court action). Although courts charged with reviewing 2/22/25, 5:43 Petruska v. Gannon University, 350 F. Supp. 2d 666 (W.D. Pa. 2004) :: Justia 14/24 determinations of another tribunal will not ordinarily consider issues not raised in the earlier proceedings, \"that truism is without application here since it [is] no part of the responsibility of the district court to review the determinations of the EEOC.\" Brennan, 139 F.3d at 263. Accordingly, we are not persuaded that Defendants' failure to argue the ministerial exception before the waives the defense for present purposes. Alternatively, Petruska contends that the ministerial exception has been waived by Gannon's representations that it is an equal opportunity employer and that it does not discriminate against students on the basis of (among other things) gender representations which, according to Plaintiff, Gannon makes in order to remain eligible for public funding similar argument was raised and rejected by the court in v. Southwestern Baptist Theological Seminary, 485 F. Supp. 255 (N.D.Texas 1980), aff'd in part and rev'd in non- relevant part, 651 F.2d 277 (5th Cir.1981). That case involved a suit by the to establish jurisdiction over the defendant seminary and to compel certain reporting requirements under Title of the Civil Rights Act. The seminary had refused to submit to the reporting requirements on the grounds that, because of the allegedly \"ministerial\" status of its faculty and administrators, it was protected from Title enforcement by the religious clauses of the First Amendment. The argued that any free exercise objections that the seminary might have relative to the enforcement of Title had been waived by the seminary's conduct in seeking and maintaining its status as an approved program of education for veterans receiving educational benefits, and thereby subjecting itself to enforcement of similar prohibitions contained in Title VI. The district court disagreed and observed that coverage under Title of the Act is independent of coverage under Title VII. As the court noted, \"Title forbids only discrimination by a recipient of federal funds against the participants in (or beneficiaries of) a federally assisted program conducted by the recipient, regardless of whether or not the participant or beneficiary is an employee.\" 485 F. Supp. at 261 (citing 42 U.S.C. \u00a7 2000d). Thus, \"[i]f Title also applies, it will do so by its own terms and not by virtue of the employer's status as a recipient of federal funds under Title VI.\" Id. at 262. Noting that \"[w]aivers of important constitutional rights must generally be knowing and intelligent and consents to their violation must be strictly construed,\" and unable to find any lack of good faith in the seminary's assertion of religious objections to the enforcement of Title VII, the district court \"decline[d] to hold that acceptance of veterans receiving federal assistance constitutes a waiver of religious objections to the more comprehensive and intrusive enforcement possible 680 under Title VII.\" Id. at 262-63. Plaintiff refers us to the case of Erie Telecommunications, Inc. v. City of Erie, 853 F.2d 1084 (3d Cir.1988), among others, in support of the proposition that First Amendment [3] 2/22/25, 5:43 Petruska v. Gannon University, 350 F. Supp. 2d 666 (W.D. Pa. 2004) :: Justia 15/24 rights can be waived. In Erie Telecommunications, the plaintiff, a cable operator, challenged certain franchise and access agreements into which it had entered with the City of Erie on the ground that the agreements violated the plaintiff's first amendment right of free expression. The Third Circuit held that the plaintiff's claims were barred by virtue of a release which the plaintiff had signed in the settlement of prior litigation brought by one of its competitors. The release contained language acknowledging that the challenged franchise agreement was \"valid, binding and of full force and effect,\" and it released the City of Erie from \"any and all claims ... relating to ... the Franchise.\" See 853 F.2d at 1086. The court found that this language barred the plaintiff's \"free expression\" claims: \"... ETI, by executing a broad and general release in January 1984, knowingly, voluntarily, and intelligently relinquished any constitutional causes of action which it must have known could be asserted against the City.\" 853 F.2d at 1101. As is readily apparent, Erie Telecommunications did not address the circumstances, if any, under which a religious institution may waive application of the ministerial exception and its holding is therefore of limited assistance here. Contextually more relevant is Plaintiff's citation to Welter v. Seton Hall University, 128 N.J. 279, 608 A.2d 206 (1992), a case in which two nuns who had been discharged from their teaching positions in Seton Hall's computer science department brought successful claims for breach of contract after the University failed to give them terminal-year contracts. In upholding the plaintiffs' verdict, the New Jersey Supreme Court held that the nuns were not ministerial employees and that, because the dispute implicated neither doctrinal issues nor issues of church policy, the trial court properly exercised jurisdiction over the claims. The court acknowledged the jurisdictional limitation which 681 arises in employment cases involving \"ministerial\" employees, noting that the limitation is premised on the \"sound proposition that to interfere with a religious employer's choices regarding who may propagate the faith or who may train others to do so is to entangle the judiciary impermissibly in matters of polity.\" 608 A.2d at 214. The court \"hasten[ed] to add,\" however, \"that religious institutions are free to bargain away the right to unimpeded discretion in deciding which persons are most qualified to minister the religion or to train those who will eventually minister the faith.\" Id. at 214. The court explained that \"[a] cursory judicial review of the employment manual or contract to determine whether the ministerially-functioning employee and the religious institution expressly included such a waiver will not transgress the First Amendment.\" Id. Seizing upon this language, Petruska contends that \"the tribunals agreed upon by [the Defendants and herself] were the and now this court when Gannon represented itself as an equal opportunity employer and Plaintiff accepted employment based upon such representations.\" (Pl.'s Mem. of Law in [4] 2/22/25, 5:43 Petruska v. Gannon University, 350 F. Supp. 2d 666 (W.D. Pa. 2004) :: Justia 16/24 Supp. of the Position Taken and Supported in Pl.'s Third Mot. to Submit and Consider Documents [Doc. No 67] at p. 6.) Whether, and to what extent, a religious institution can waive application of the ministerial exception is a point unrefined by existing case law. Defendants refer us to Hall v. Baptist Mem. Health Care Corp., 215 F.3d 618 (6th Cir.2000), Little v. Wuerl, supra, and Siegel v. Truett-McConnell College, Inc., 13 F. Supp. 2d 1335 (N.D.Ga.1994), aff'd, 73 F.3d 1108 (11th Cir.1995) (TABLE, NO. 94-9376), for the proposition that, as a matter of law, a religious institution such as Gannon cannot waive the protections of the ministerial exception. However, those cases all involved situations in which a religious institution had engaged in religious discrimination against an employee a privilege which is the subject of an express statutory exemption within Title VII. See Hall, 215 F.3d at 624 (\"The decision to employ individuals `of a particular religion' under \u00a7 2000e-1(a) and \u00a7 2000e-2(e) (2) has been interpreted to include the decision to terminate an employee whose conduct or religious beliefs are inconsistent with those of its employer.\") (citing Little v. Wuerl, supra, at 951 and Killinger v. Samford Univ., 113 F.3d 196, 198 (11th Cir.1997)). As the Sixth Circuit Court of Appeals explained in Hall: ... the statutory exemptions from religious discrimination claims under Title cannot be waived by either party. Little, 929 F.2d at 951; Siegel, 13 F. Supp. 2d at 1345. The exemptions reflect a decision by Congress that religious organizations have a constitutional right to be free from government intervention. Id. \"Once Congress stated that `[t]his title shall not apply' to religiously-motivated employment decisions by religious organizations,\" neither party could expand the statute's scope. Siegel, 13 F. Supp. 2d at 1345 (quoting Little, 929 F.2d at 951). 215 F.3d at 625. Like Plaintiff, we question the applicability of this logic in the case at bar. Unlike Title VII's exemption for religious institutions engaging in religious discrimination, the ministerial exception is not a doctrine borne of any express statutory exemption. Instead, it is a judicially created doctrine which arises from well-recognized First Amendment principles and which exists quite independent of Title or any other statute. See, e.g., Shaliehsabou v. Hebrew Home of Greater Washington, Inc., 363 F.3d 299, 306 (4th Cir.2004) (ministerial exception applied in Title cases is based on constitutional principles 682 and not on congressional debate or administrative guidelines), reh'g en banc denied, 369 F.3d 797 (4th Cir.2004). Therefore, we are not persuaded that Hall, Little, and Siegel dispose of Plaintiff's waiver argument. 2/22/25, 5:43 Petruska v. Gannon University, 350 F. Supp. 2d 666 (W.D. Pa. 2004) :: Justia 17/24 On the other hand, we note that the ministerial exception partakes of jurisdictional qualities, as it implicates constitutionally mandated restraints on this Court's power to adjudicate certain types of employment disputes. See Roman Catholic Diocese of Raleigh, North Carolina, 213 F.3d at 800 (the ministerial exception is a \"constitutionally compelled limitation on civil authority [and] ensures that no branch of secular government trespasses on the most spiritually intimate grounds of a religious community's existence\"). See also Patsakis, 339 F. Supp. 2d at 692-93 (\"The propriety of asserting the `ministerial exception' defense through a 12(b) (1) motion, as defendants have done here, is well-established.\") (citing cases). Generally, issues bearing on a district court's subject matter jurisdiction are not capable of being waived. See Kontrick v. Ryan, 540 U.S. 443, 124 S. Ct. 906, 157 L. Ed. 2d 867 (2004) (subject matter jurisdiction may be raised initially by either party, or sua sponte by the court, at any stage of litigation, including appeal). Viewed in this light, the viability of Plaintiff's waiver argument seems more dubious. Assuming only for the sake of argument that the doctrine of waiver is applicable in the ministerial exception context, we find that there is no factual basis in the record to warrant its application here. Waivers of constitutional rights must be voluntary, knowing, and intelligent, must be established by \"clear\" and \"compelling\" evidence, and must be strictly construed. Erie Telecommunications, Inc., 853 F.2d at 1094-95 (citations omitted) (waiver involves the \"intentional relinquishment of a known right or privilege,\" and the Supreme Court has admonished lower courts to \"`indulge in every reasonable presumption against waiver'\" and \"`[not] presume acquiescence in the loss' of such rights.\") (quoting Johnson v. Zerbst, 304 U.S. 458, 464, 58 S. Ct. 1019, 82 L. Ed. 1461 (1938)). Even accepting as true all of the averments proffered by Plaintiff in her Amended Complaint and submissions to the Court in opposition to the instant motions, we find nothing that would give rise to a genuine issue of waiver in this case. In our view, as a matter of law, Gannon's pronouncements on various occasions that it would voluntarily conform to the principle of nondiscrimination does not amount to a clear and unambiguous waiver of Gannon's right to assert in this litigation a First Amendment challenge to this Court's subject matter jurisdiction. Having concluded that Petruska performed a \"ministerial\" function during her tenure at Gannon, and having also concluded that the Defendants have not waived the right to assert the \"ministerial exception\" doctrine in this litigation, we must further conclude that the exception precludes us from exercising jurisdiction over the claims in Plaintiff's First Amended Complaint determination of \"whose voice speaks for the church is per se a religious matter.\" Minker v. Baltimore Annual Conference of the United Methodist Church, 894 F.2d 1354, 1356 (D.C.Cir.1990). Thus, our resolution of any claims \"touching\" 2/22/25, 5:43 Petruska v. Gannon University, 350 F. Supp. 2d 666 (W.D. Pa. 2004) :: Justia 18/24 on the church-minister relationship i.e., assignment of duties, pay, termination, etc. are necessarily matters of \"prime ecclesiastical concern\" into which we may not delve. McClure, 460 F.2d at 558-59. Plaintiffs' complaints that, because of her gender and because of Gannon's desire to retaliate against her, she was effectively demoted, deprived of various 683 ministerial responsibilities, and ultimately forced to resign from her position as Chaplain all implicate the University's prerogative to make unfettered employment decisions concerning one of its ministers. Unfortunately for Plaintiff, it matters not whether Gannon's decisions were wise, misguided, or otherwise in compliance with Title VII. Under the ministerial exception, it is the decision itself which is exempt from review and, consequently, we may not examine the reasons behind it. See Werft, 377 F.3d at 1103; Alicea-Hernandez, 320 F.3d at 703. Plaintiff refers us to McKelvey v. Pierce, 173 N.J. 26, 800 A.2d 840 (2002), for the proposition that courts must analyze the applicability of the ministerial exception on a claim-by-claim basis. See id., 800 A.2d at 858-59 (holding that former seminarian, who was the victim of alleged sexual harassment, was not barred as a matter of law from bringing action against diocese and several priests for breach of contract of education; further record development would be permitted on the issue of whether claim could be litigated without offending First Amendment). Plaintiff contends that, even if her Title claims are barred by the exception, her common law claims should not be. But our review of Plaintiff's allegations convinces us that the exception must apply to all of her claims. Plaintiff's breach of contract claim, for example, is premised upon the assertion that the \"essential terms\" of her contract i.e., that Plaintiff, as Chaplain, would serve on the President's staff and lead the Chaplain's Division were breached when Garibaldi removed her from the President's Staff and placed her division under the leadership of Rouch as Vice President for Mission and Ministry \u00b6\u00b6 90-91.) Plaintiff alleges she was damaged by this breach \"in that she was, in fact, removed from her position of leadership based upon her gender rather than her job performance,\" which resulted in her constructive discharge \u00b6 92.) Thus, inherent in Plaintiff's contract claim is the theory that Gannon fired her, not because of the manner in which she performed her ministerial functions, but because of her gender. Resolution of these issues would necessarily lead us into an examination of Gannon's motives for the alleged termination of Plaintiff, a ministerial employee. Moreover, evaluation of whether Plaintiff was subjected to a de facto demotion during her tenure as Chaplain and/or whether she was constructively discharged would likely devolve into inquiries about Gannon's decisions relative to the structuring of assignments among its ministerial employees. These are matters touching too closely upon the church-minister employment relationship and, consequently, we conclude that the First Amendment bars 2/22/25, 5:43 Petruska v. Gannon University, 350 F. Supp. 2d 666 (W.D. Pa. 2004) :: Justia 19/24 our adjudication of Plaintiff's contract claim as it has been pled. As the McKelvey Court recognized: \"where an ecclesiastically-based action clearly is present, such as the propriety of a church's choice concerning the hiring, termination, relocation, benefits, or tenure of a person whose function ... concerns the propagation of its faith, the First Amendment shields the religious organization from suit.\" 800 A.3d at 858 (emphasis in the original). We find that to be the case here. Plaintiff's remaining state law claims suffer from similar deficiencies. Plaintiff's civil conspiracy claim is premised upon her allegation that the Defendants unlawfully conspired to violate Title VII, and, like the gender discrimination and retaliation claims themselves, it implicates First Amendment concerns about the University's unfettered right to make employment decisions relative to its ministerial employees. Plaintiff's fraudulent misrepresentation and \"negligent retention\" claims 684 are premised upon the central allegation that Trautman and the other individual Defendants oppressed Plaintiff's civil rights, despite having promised to make employment decisions based upon her job performance. Adjudication of these claims would necessarily involve an inquiry into the University's subjective evaluation of Plaintiff's performance as Chaplain and/or the University's reasons for its challenged employment decisions In short, we would of necessity have to inquire into Gannon's decisions regarding its own internal management of its ministers. Yet \"civil court review of ecclesiastical decisions of church tribunals, particularly those pertaining to the hiring or firing of clergy, are in themselves an `extensive inquiry' into religious law and practice, and hence forbidden by the First Amendment.\" Young v. Northern Illinois Conference of United Methodist Church, 21 F.3d 184, 187 (7th Cir.1994) (interpreting Serbian Eastern Orthodox Diocese v. Milivojevich, 426 U.S. 696, 96 S. Ct. 2372, 49 L. Ed. 2d 151 (1976)) (emphasis in original). Our conclusion that the ministerial exception bars these claims is in accordance with the holdings of other federal courts faced with similar claims. See, e.g., Lewis v. Seventh Day Adventists Lake Region Conference, 978 F.2d 940 (6th Cir.1992) (First Amendment barred review of minister's claims for breach of contract, promissory estoppel, intentional infliction of emotional distress, and loss of consortium arising out of his termination); Natal v. Christian and Missionary Alliance, 878 F.2d 1575 (1st Cir.1989) (court would not review clergyman's claim of wrongful termination); Kraft v. The Rector, Churchwardens and Vestry of Grace Church in New York, No. 01-CV-7871 (KMW), 2004 540327 (S.D.N.Y. Mar.17, 2004) (former priest's claims for breach of employment contract, tortious interference with employment contract, wrongful discharge, and defamation barred by Free Exercise Clause); Jacobs v. Mallard Creek Presbyterian Church, Inc., 214 F. Supp. 2d 552 (W.D.N.C.2002) (pastor's breach of contract claim arising from church's 2/22/25, 5:43 Petruska v. Gannon University, 350 F. Supp. 2d 666 (W.D. Pa. 2004) :: Justia 20/24 investigation of alleged sexual misconduct were barred by First Amendment). See also Werft, 377 F.3d at 1100 n. 1 (declining to distinguish between federal and state law claims in application of ministerial exception; \"Just as there is a ministerial exception to Title VII, there must also be one to any federal or state cause of action that would otherwise impinge on the Church's prerogative to choose its ministers.\") (citation omitted). Finally, we acknowledge Plaintiff's concerns that discrimination, in any form, should not be tolerated in civilized society. Plaintiff passionately argues that: [t]olerance of gender-based discrimination in the work place has led to sexual exploitation and harassment, which turns women into objects. To allow these behaviors to go unregulated simply because they [sic] employer is a religious entity and the employee is claimed to be a minister is unjustified and perpetuates the very evils Congress sought to eliminate. It is hard to argue that certain conduct is even wrong when churches freely engage in it. This has a tremendous impact on establishing social norms.... (Pl.'s Amended Br. in Opp. to All Def.s' Mot. to Dismiss [Doc. No. 58] at p. 17.) In rendering this decision, this Court, like others, is \"mindful of the potential for abuse\" which application of the ministerial exception can invite, \"namely, the use of the First Amendment as a pretextual shield to protect otherwise prohibited employment decisions.\" Scharon, 929 F.2d at 363 n. 3. But it bears reiterating that the ministerial exception, though 685 \"robust where it applies,\" Roman Catholic Diocese, 213 F.3d at 801, is not without limits and therefore \"does not insulate wholesale the religious employer from the operation of federal anti-discrimination statutes.\" Id. For one, the exception does not apply to employment decisions concerning individuals with purely custodial or administrative functions. Id. It has also been found inapplicable in the context of Title sexual harassment claims. See Bollard, 196 F.3d at 948-50 (holding that former novice could pursue sexual harassment claim against Jesuit Order where defendant was neither exercising its constitutionally protected prerogative to choose its ministers nor embracing the behavior at issue as a protected religious practice). The \"saving grace,\" as one court has noted, \"lies in the recognition that courts consistently have subjected the personnel decisions of various religious organizations to statutory scrutiny where the duties of the employees were not of a religious nature.\" Scharon, supra, at 363 n. 3 (citing cases). Moreover, the existence of the ministerial exception does not derogate the profound state interest in \"assuring equal employment opportunities for all, regardless of race, sex, or national origin.\" ... Rather, the exception simply recognizes that the \"introduction of government [5] 2/22/25, 5:43 Petruska v. Gannon University, 350 F. Supp. 2d 666 (W.D. Pa. 2004) :: Justia 21/24 standards to the selection of spiritual leaders would significantly, and perniciously, rearrange the relationship between church and state.'\" ... Application of the exception thus manifests no more than the reality that a constitutional command cannot yield to even the noblest and most exigent of statutory mandates. Roman Catholic Diocese of Raleigh, 213 F.3d at 801 (internal citations omitted Based upon the foregoing reasons, the Court will grant the Defendants' motions to dismiss this case for lack of subject matter jurisdiction. An appropriate order follows NOW, this _____ day of _____, _____, for the reasons set forth in the accompanying Memorandum Opinion that Defendants' Motions [Doc. Nos. 50 and 52] to Dismiss the First Amended Complaint are hereby and the claims set forth in Plaintiff's First Amended Complaint are dismissed with prejudice. The Clerk is directed to mark this case \"closed [1] Although for present purposes we accept Plaintiff's factual averments as true, we need not credit bald assertions, unsupported conclusions, unwarranted inferences, or \"legal conclusions masquerading as factual conclusions.\" Pennsylvania Protection and Advocacy, Inc. v. Houston, 136 F. Supp. 2d 353, 359 (E.D.Pa.2001) (citing Morse v. Lower Merion School Dist., 132 F.3d 902, 906 (3d Cir.1997); Hunter v. United States, No. 3:CV- 00-0036, 2000 1880257, 3 (M.D.Pa. Dec.15, 2000)). See also Danvers Motor Co., Inc. v. Ford Motor Co., 186 F. Supp. 2d 530, 538 (D.N.J.2002). [2] We also note, by way of further example, the advertisement which Gannon placed in the National Catholic Reporter in May of 2001 to solicit applicants for the position of Director of Catholic Campus Ministry. (See Ex. 1 to Pl.'s Third Motion to Submit and consider Documents in Supp. of Pl's Amended Br. in Opp. to All Def.s' Motions to Dismiss [Doc. No. 63].) It appears to be undisputed that the Office of Campus Ministry was an office within 2/22/25, 5:43 Petruska v. Gannon University, 350 F. Supp. 2d 666 (W.D. Pa. 2004) :: Justia 22/24 the Chaplain's Division during Plaintiff's tenure such that Plaintiff would have had ultimate supervisory authority over the Campus Ministry Director. The advertisement notes that the Director of Catholic Campus Ministry is responsible for \"designing, developing and coordinating religious services, programs and pastoral counseling that pertains to advancing the faith life, spiritual welfare and apostolic formation of the Gannon community.\" (Id.) [3] On appeal, the Fifth Circuit affirmed the district court in part and reversed and remanded in non-relevant part. The Court of Appeals held that enforcement of Title was precluded with respect to the employment relationship between the seminary and its faculty; however, it found no First Amendment proscription against enforcement of Title relative to the seminary's non-ministerial administrative staff and support personnel. See v. Southwestern Baptist Theological Seminary, 651 F.2d 277 (5th Cir.1981). The district court's ruling concerning the seminary's lack of waiver of any First Amendment protection was apparently not challenged on appeal, as it was not addressed in the Fifth Circuit's opinion. [4] Plaintiff's other cited cases are similarly inapposite. See, e.g., Ferrill v. The Parker Group, Inc., 168 F.3d 468 (in suit brought under 42 U.S.C. \u00a7 1981 by African-American employee of telephone marketing firm, defendant waived its argument that its race-based assignment of \"get out the vote\" calls was protected political speech under the First Amendment by failing to assert it before the district court); United States v. Berke, 170 F.3d 882 (9th Cir.1999) (defendant who entered into consent agreement as part of a plea agreement i n criminal case involving violations of federal obscenity laws knowingly and voluntarily waived his First Amendment rights relative to prohibitions on his involvement in the production, sale, or distribution of otherwise non-obscene materials); Jackson/Charvel, Inc. v. Gibson Guitar Corp., 863 F.2d 48 (6th Cir.1988) (Table Case published at 1988 123494) (consent decree operated to waive defendant's due process right to litigate certain issues); Wilkicki v. Brady, 882 F. Supp. 1227 (D.R.I.1995) (plaintiff, in entering settlement agreement to withdraw charges made to town council, knowingly, voluntarily and intelligently waived his First Amendment rights). [5] We note that while Plaintiff accuses Defendant Rubino of sexually harassing other third parties, she does not claim to have personally suffered any sexual harassment at his hands. Nothing in this opinion necessarily limits the right of a victim of sexual harassment to pursue a Title claim against a religious entity. However, Plaintiff's status as an alleged whistleblower does not defeat application of the ministerial exception. See, e.g., Gellington, 203 F.3d at 1304 (First Amendment barred minister's Title claim premised upon 2/22/25, 5:43 Petruska v. Gannon University, 350 F. Supp. 2d 666 (W.D. Pa. 2004) :: Justia 23/24 alleged retaliation for his assistance of another employee in pursuing her sexual harassment claim). Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 2/22/25, 5:43 Petruska v. Gannon University, 350 F. Supp. 2d 666 (W.D. Pa. 2004) :: Justia 24/24", "7344_106.pdf": "\uf002 / / / Find a Lawyer Legal Forms & Services \uf107 Learn About the Law \uf107 Legal Professionals \uf107 Blogs 2/22/25, 5:43 Federal Trial Court Dismisses a Nun-Priest Sexual Harassment Claim \| FindLaw 1/6 Federal Trial Court Dismisses a Nun-Priest Sexual Harassment Claim Dubious Case for Invocation of the \"Ministerial Exception\" By [email protected] ---- Thursday, Jan. 27, 2005 Last week, a federal district court in Erie, Pennsylvania, ruled on an unusual sexual harassment claim by a former nun against the employer of a priest. Lynette Petruska sued Gannon University, alleging that she had been harassed by then-University President Monsignor David Rubino. But Judge Sean J. McLaughlin held that, due to the \"ministerial exception,\" a religious institution cannot be sued under federal anti-discrimination laws. The \"ministerial exception\" -- widely observed by courts in the United States - puts religious employees outside the protections of the anti-discrimination laws, on the broad ground that if the courts heard such cases, they would unduly interfere with the internal procedures of religious institutions. The Court of Appeals for the Third Circuit - which will hear Petruska's appeal - ought to reverse the trial court's decision, and allow her case to go forward. Not only is the ministerial exception itself problematic, it is especially problematic in this case. The Ministerial Exception Wrongly Puts Courts in the Shoes of the Legislature First, the ministerial exception is generally problematic. It is a court-created exception, but any such exception - if it comes at all -- should come through the legislature, not the courts. The ministerial exception is actually a judicially crafted accommodation for religion. 2/22/25, 5:43 Federal Trial Court Dismisses a Nun-Priest Sexual Harassment Claim \| FindLaw 2/6 The legislature has the power to convene hearings at which it can listen to wide- ranging expert testimony, and engage in an extended study of the issue. They are institutionally crafted to be able to ask the larger questions about the public good. The courts, unlike the legislature, are limited to the record created by two parties to a particular dispute, or to the particular religious institution to which those two parties belong. The court has a necessarily limited view of the public policy issue before it. In sum, the legislature - unlike the courts - can address the whole universe of relevant considerations, over time. Accordingly, it is in a far better position to decide if an accommodation of religion - such as, here, the \"ministerial exception\" - serves the larger common good. It is capable of looking beyond the simple dichotomy of a case, and therefore will not be unduly influenced by a single set of facts. Legislatures are immune to the litigation tactic of choosing the worst case scenario to push a particular agenda. Significantly, in Employment Div. v. Smith, the Supreme Court held that generally- applicable drug laws apply even to religious peyote use - in the absence of a legislatively-created exception. It thus has left the question of whether to make religious exceptions to federal drug statutes with Congress - not the courts. Congress Has Already Created the Only Exception that is Constitutionally Necessary Defenders of a court-made \"ministerial exception\" to the anti-discrimination laws say that the Establishment Clause requires it. Without such an exception, they argue, courts will become inappropriately entangled in the religious doctrine that determines the criteria for religious employees, and more generally, in religious institutions' employment practices. But they ignore the fact that Congress has already created such an exception - and that limited exception is all that is constitutionally required. Doubtless, no court should be telling the Catholic Church, for example, that it must have women as priests. That is a matter for its internal determination, and is based on the Church's reading of scripture and tradition. But, crucially, that is also the very type of matter Congress has already addressed in the legislatively- created exception for religious employers from the federal anti-discrimination laws. h i h h l di i i h b i f 2/22/25, 5:43 Federal Trial Court Dismisses a Nun-Priest Sexual Harassment Claim \| FindLaw 3/6 The exception says that such employers may discriminate on the basis of religious belief: They need not hire non-believers, for instance. And the Supreme Court upheld this exception in Corporation of Presiding Bishop v. Amos - where the Court held that a church could invoke the exception even in the case of a janitor. In contrast, there are plenty of employment practices by religious entities that are discriminatory, yet not religiously motivated. Congress did not provide an anti- discrimination law exception for these practices. And it was wise not to do so. For example, suppose a religious employee is fired because she reported criminal conduct to the authorities (say, for example, childhood sexual abuse by a priest). Or suppose she is demoted because she publicly criticized her institution for violating the law. She is a classic whistleblower, and the fact that her employer is religious should not change the importance of encouraging her, and others like her, to report illegal conduct. There would be a lot less clergy misconduct, including criminal behavior like clergy childhood sexual abuse, out there if the whistleblowers in those institutions were protected from such retaliatory discharge and conduct. And, as noted below, Petruska alleges she is just such a whistleblower. She deserved protection - not demotion. The anti-discrimination laws, after all, are some of the most important in the country. If the court-created \"ministerial exception\" is honored, huge numbers of religious employees will be unprotected, even when the adverse employment actions they suffer are not religiously motivated. That is troubling and unjust. The Third Circuit Should Reject a Broad, Court-Made Ministerial Exception No wonder, then, that in Bollard v. Society of Jesus, the United States Court of Appeals for the Ninth Circuit wisely held that a seminarian's sexual harassment claim could go forward, because the religious sect at issue - Jesuits -- did not claim any religious purpose for the alleged behavior. In Petruska's case, the Third Circuit should hold, similarly, that there is no plausible claim of religious purpose, and thus let the case go forward. To see why this is the right ruling, consider the specifics of Petruska's case. She alleges that she was demoted and forced to resign as the University's chaplain in October 2002 because of her gender, because she assisted another person in bringing a similar claim based on the same priest's actions and because she 2/22/25, 5:43 Federal Trial Court Dismisses a Nun-Priest Sexual Harassment Claim \| FindLaw 4/6 bringing a similar claim based on the same priests actions, and because she questioned the bishop's alleged continuing cover-up of clergy abuses. But where is the religious purpose here? The Third Circuit should reject an expansive ministerial exception that would leave plaintiffs like Petruska in the cold. It is unwarranted and unconstitutional. The courts should be deferring to Congress regarding which anti-discrimination laws will, and will not, be enforced, and in which circumstances. Trust me, if and when the courts reject the ministerial exception, religious entities will be in their representatives' offices in the blink of an eye to request the exemptions from the anti-discrimination laws they believe they need. And in this era, they have an inordinate power to obtain exemptions. Yet, a responsible Congress will consider their requests seriously, but will take just as seriously the public's interest in whistleblowers' reporting illegal conduct and in eliminating invidious discrimination. Marci A. Hamilton is the Paul R. Verkuil Chair in Public Law at Benjamin N. Cardozo School of Law, Yeshiva University. An archive of her columns on church/state issues - as well as other topics -- can be found on this site. Her email address is [email protected]. Professor Hamilton's book, God vs. the Gavel: Religion and the Rule of Law (Cambridge University Press 2005), will be published this spring. Was this helpful? Yes No 2/22/25, 5:43 Federal Trial Court Dismisses a Nun-Priest Sexual Harassment Claim \| FindLaw 5/6 Questions? At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Contact us. Stay up-to-date with how the law affects your life. Sign up for our consumer newsletter \uf105 Our Team Accessibility Contact Us \uf105 By Location By Legal Issue By Lawyer Profiles By Name Legal Forms & Services Learn About the Law State Laws U.S. Caselaw U.S. Codes Copyright \u00a9 2025, FindLaw. All rights reserved. Terms > \| Privacy > \| Disclaimer > \| Cookies > 2/22/25, 5:43 Federal Trial Court Dismisses a Nun-Priest Sexual Harassment Claim \| FindLaw 6/6", "7344_107.pdf": "William & Mary Journal of Race, Gender, and Social Justice William & Mary Journal of Race, Gender, and Social Justice Volume 14 (2007-2008) Issue 1 William & Mary Journal of Women and the Law Article 7 October 2007 Petruska v. Gannon University Crack in the Stained Glass Petruska v. Gannon University Crack in the Stained Glass Ceiling Ceiling Sarah Fulton Follow this and additional works at: Part of the Civil Rights and Discrimination Commons Repository Citation Repository Citation Sarah Fulton, Petruska v. Gannon University Crack in the Stained Glass Ceiling, 14 Wm. & Mary J. Women & L. 197 (2007), Copyright c 2007 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. An examination of the protections afforded to religious institutions in their hiring decisions. Both \u00a7 702 of the Civil Rights Act and the judicially created ministerial exception allow churches to use criteria that other employers are not permitted to use under the law when making hiring decisions. Beginning with McClure v. Salvation Army, courts have slowly expanded the scope of these protections, leading up to the recent case of Petruska v. Gannon University. Petruska provides an example of the extent to which a broad reading of \u00a7 702 and the ministerial exception can harm religious workers. The opinion of Judge Becker, who wrote the first appeals court decision, presented an alternative view of \u00a7 702 and the ministerial exception, as he believed that the courts have a duty to protect the rights of religious workers and that the protections of \u00a7 702 and the ministerial exception should only be imposed when necessary. Due to his death during circulation of his opinion, Judge Becker's decision was reversed in a rehearing of the case. In denying certiorari of Petruska's case, the Supreme Court of the United States failed to take advantage of an opportunity to protect the rights of women in the religious workplace A. McClure v. Salvation Army B. Title and the Ministerial Exception After v. Mississippi College C. Rationales Behind the Constitutional Reliance of the Courts on the Ministerial Exception A. Survival of the Ministerial Exception After the Holding in Employment Division v. Smith B. The Current Status of the Ministerial Exception Within the Circuits How 197 198 [Vol. 14:197 The Constitution protects religious exercise, and we decline to turn the Free Exercise Clause into a license for the free exercise of discrimination un- moored from religious principle.1 For generations, women everywhere have banged their heads on the proverbial glass ceiling in the professional marketplace. Women in the clergy face similar frustrations when pursuing positions in their chosen religion, where tradition, prejudice, and governmental protections make it difficult to serve in even a non- ministerial capacity.2 The plight of women clergy is \"exacerbated by long-standing religious norms about appropriate gender roles.\"3 Hiring decisions regarding ministers and clergy usually take place at the local level, where local feelings and traditions can come into conflict with denominational goals.4 The ability of religious institu- tions to limit or exclude women from clergy positions is enabled by congregational self-regulation,5 First Amendment protection under the Free Exercise and Establishment Clauses,6 and judicial interpre- tation of Title of the Civil Rights Act of 1964.' Title enables 1. Petruska v. Gannon Univ., No. 05-1222, 2006 U.S. App 13135, at 28 (3d Cir. May 24, 2006) (opinion withdrawn by the court). The opinion was vacated and reheard due to Judge Becker's death shortly after the signing of the original Court of Appeals opinion. Gannon University filed a sur petition for rehearing, and a panel in the Third Circuit approved the petition. Petruska v. Gannon Univ., No. 05-1222, 2006 U.S. App 15088, at 2-3 (3d Cir. June 30, 2006). 2. Laura R. Olson et al., Changing Issue Agendas of Women Clergy, 39 140, 142 (2000). 3. Id. 4. Patricia M. Y. Chang, Female Clergy in the Contemporary Protestant Church Current Assessment, 36 J. Sci 565, 569 (1997) [hereinafter Female Clergy in the Contemporary Protestant Church]: Ethically, Christian churches identify themselves with values of justice and equality. Socially, the issue of women's rights has been affirmed by secular society and women's ability to perform well in a number of traditionally male occupations stands as a visible affirmation of these rights. At the same time, theological interpretations within the Christian tradition are often actively mobilized to support resistance to a female clergy. In addition to this, his- torical patterns within Christianity have been dominated by male imagery, which makes it difficult on a cultural and cognitive level for some laity to accept female pastors. 5. Edward C. Lehman, Jr., Clergy Women's World: Musings of a Fox, 43 RES. 5, 10-11 (2001). 6. U.S. CONST. amend (\"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof...\"). 7. Civil Rights Act of 1964, 42 U.S.C. \u00a7 2000e-1(a) (2000): This subchapter shall not apply to an employer with respect to the employment of aliens outside any State, or to a religious corporation, association, educational institution, or society with respect to the employment 2007 religious institutions, among other organizations, to use broad discretion in their employment decisions and structure.' First, Title protects religious institutions from employment discrimination claims when the claim alleges discrimination based on religion.9 Second, as a result of the amendments to Title and judicial interpretations, courts have carved out a constitutional ministerial exception to analyze a plaintiffs Title claim when the sought after employment position involves primarily religious functions.' \u00b0 In some circuits, the ministerial exception has successfully blocked even preliminary judicial analysis of legitimate claims against religious organizations\" because of fear of entanglement between church and state. 2 Over half of the federal circuit courts apply a ministerial exception to cases involving employment with religious institutions.\"' The governmental protection afforded religious entities through the ministerial exception results in deficient equal opportunity protection for the employees who work there.14 While the exception has never been scrutinized by the Supreme Court, 15 many circuits uphold the ministerial exception's applicability. 6 Recently, a small crack formed in the employment protection that religious institutions enjoy. Lynette Petruska, an attorney and a former nun, v attempted of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution, or society of its activities. 8. 42 \u00a7 2000e-l(a). 9. Laura L. Coon, Note, Employment Discrimination by Religious Institutions: Limiting the Sanctuary of the Constitutional Ministerial Exception to Religion-Based Employment Decisions, 54 VAND. L. REv. 481, 486 (2001). 10. Id. 11. See, e.g v. Roman Catholic Diocese of Raleigh, 213 F.3d 795, 801 (4th Cir. 2000) (\"The exception precludes any inquiry whatsoever into the reasons behind a church's ministerial employment decision. The church need not, for example, proffer any religious justification for its decision.. 12. Coon, supra note 9, at 483-84. 13. Petruska v. Gannon Univ., No. 05-1222, 2006 U.S. App 13135, at 10 (3d Cir. May 24, 2006). 14. Telephone Interview with Lynette Petruska, Plaintiff, Petruska v. Gannon Univ. (Jan. 5, 2007). 15. Petruska, 2006 U.S. App 13135, at 29. 16. Id. at 10 (citing as examples Werft v. Desert Sw. Annual Conference of the United Methodist Church, 377 F.3d 1099 (9th Cir. 2004); Alicea-Hernandez v. Catholic Bishop of Chicago, 320 F.3d 698 (7th Cir. 2003 v. Roman Catholic Diocese of Raleigh, 213 F.3d 795 (4th Cir. 2000); Gellington v. Christian Methodist Episcopal Church, Inc., 203 F.3d 1299 (11th Cir. 2000 v. Catholic Univ. of Am., 83 F.3d 455 (D.C. Cir. 1996)) ; Young v. N. Illinois Conference of United Methodist Church, 21 F.3d 184 (7th Cir. 1994); Scharon v. St. Luke's Episcopal Presbyterian Hosps., 929 F.2d 360 (8th Cir. 1991); Rayburn v. Gen. Conference of Seventh-Day Adventists, 772 F.2d 1164 (4th Cir. 1985); McClure v. Salvation Army, 460 F.2d 553 (5th Cir. 1972)). 17. Diana B. Henriques, Where Faith Abides, Employees Have Few Rights, N.Y. TIMES, Oct. 9, 2006, at Al. 200 [Vol. 14:197 to take the ministerial exception to the Supreme Court\" in order to battle her gender-based dismissal from her position as University Chaplain at Gannon University. 9 During the writing of this Note, the Supreme Court denied certiorari in Petruska's case.20 By doing this, the Court has allowed confusion to continue among the circuits and has effectively denied civil liberties to some religious workers. Part of this Note will trace the history and development of the ministerial exception, from its constitutional and judicial origins to Title VII. Part will analyze how the judiciary has extended the ministerial exception beyond the plain language of Title and how some courts have created a safe haven for religious institutions with respect to employment decisions. Part will evaluate the current status of the exception in light of Petruska's case against Gannon University and its unconventional procedural history and argument. Part will assess the historical and existing experience for female clergy members and the void that Petruska's case could have filled if analyzed by the Supreme Court. The ministerial exception provides an important buffer between the interests of the state to enforce equal opportunity objectives,2' and the interest of religious entities to practice and observe their faith freely.22 Analysis of the late Judge Becker's opinion in Petruska provides an alternative view of the ability of courts to analyze employees' discrimination claims against religious institutions when the claim is not based on religion.23 Application of this view could be the glimmer of light that shines through the stained glass ceiling The balance between Church and State has always been precarious. The First Amendment to the United States Constitution carves out protections for the freedom of religion based on the Free 18. Id. 19. Petruska v. Gannon Univ., 350 F. Supp. 2d 666, 671 (W.D. Pa. 2004). 20. Petruska v. Gannon Univ., 127 S. Ct. 2098 (2007). 21. Civil Rights Act of 1964, Pub. L. No. 88-352, Preamble, 78 Stat. 241 (1964) (stating its goal is \"to prevent discrimination in federally assisted programs, to establish a Commission on Equal Employment Opportunity...\"). 22. Little v. Wuerl, 929 F.2d 944, 947 (3d Cir. 1991) (\"[Free exercise] is guaranteed not only to individuals but also to churches in their collective capacities.\" (quoting Kedroff v. Saint Nicholas Cathedral, 344 U.S. 94, 116 (1952))). 23. Petruska v. Gannon Univ., No. 05-1222, 2006 U.S. App 13135, at 43-44 (3d Cir. May 24, 2006) (\"The speculative nature of our discussion here demonstrates why it is premature to foreclose appellant's . . .claim. Once evidence is offered, the district court will be in a position to control the case so as to protect against any im- permissible entanglements.\" (quoting Minker v. Baltimore Annual Conference of the United Methodist Church, 894 F.2d 1354, 1360 (D.C. Cir. 1990 Exercise and the Establishment Clauses, 24 and it is from the interpretation of these clauses that the ministerial exception is based.25 During the Civil Rights movement in the 1960s, the United States government enacted Title of the Civil Rights Act of 1964 to grant basic liberties to all citizens.26 The Civil Rights Act, however, included \u00a7 702 (now 42 U.S.C. 2000e- 1), which allows the equal oppor- tunity employment mandates to apply less stringently to religious institutions. 27 The intention of this statute was to apply the \"pro- scriptions\" and protections of the First Amendment to the judiciary's governance of disputes and violations of Title VII. 28 Under a plain reading, the statute only exempted religious organizations \"to the extent they discriminated against employees involved in strictly religious activities.\"29 Courts, thus, would not have jurisdiction over cases involving employees of religious institutions where the claims of employment discrimination were based on religion. The legislature expanded the scope of Title in 1972, extending the \"religious in- stitution exemption to include all activities of religious institutions, instead of merely their religious activities.\"30 This increase in the scope of Title protection has been considered vague and far- reaching because it includes all employment decisions, even those touted as profit ventures of the church,\"1 such as schools.32 A. McClure v. Salvation Army McClure v. Salvation Army3 3 was one of the seminal cases on the ministerial exception as applied to religious institutions.34 McClure involved a pay and gender discrimination claim by a female Salvation 24. U.S. CONST. amend. I. 25. Petruska v. Gannon Univ., 350 F. Supp. 2d 666, 672 (W.D. Pa. 2004). 26. Civil Rights Act of 1964, Pub. L. No. 88-352, Preamble, 78 Stat. 241 (1964). Protections described in the Preamble include the enforcement of the constitutional right to vote and relief from discrimination. 27. Coon, supra note 9, at 486-87. 28. Petruska, 350 F. Supp. 2d at 672 (citing Kreshik v. Saint Nicholas Cathedral, 363 U.S. 190, 191 (1960)). 29. Coon, supra note 9, at 487. 30. Id. 31. Id. 32. See Corp. of the Presiding Bishop of the Church of Jesus Christ of Latter-Day Saints v. Amos, 483 U.S. 327, 336-39 (1987) (upholding the constitutionality of Title of the Civil Rights Act of 1964 and holding that Title does not unfairly advance religion); see also Coon, supra note 9, at 489-96, for a discussion on the court battles regarding Title VII. 33. McClure v. Salvation Army, 460 F.2d 553 (5th Cir. 1972). 34. Petruska v. Gannon Univ., No. 05-1222, 2006 U.S. App 13135, at 10 (3d Cir. May 24, 2006). 2007] 202 [Vol. 14:197 Army employee.35 McClure argued that because the discrimination was not based on religion, the Title exception should not apply.36 In response to McClure's argument, the court articulated an exception to a Title claim based on the denial of equal employment, known as the ministerial exception.3 7 Describing the minister-church rela- tionship as the \"lifeblood\" of the church,3\" the court held that \"[t]he minister is the chief instrument by which the church seeks to fulfill its purpose. Matters touching this relationship must necessarily be recognized as of prime ecclesiastical concern.\"39 The Fifth Circuit hesitated in McClure to apply Title VII's equal employment demands to the ministerial employment relationship.4\" Jurisdiction over such claims would impermissibly call for judicial analysis of religious decisions.41 After McClure, religious institutions enjoyed what amounted to two protections, the exemption under \u00a7 702 of Title VII, protecting any employment discrimination based on religion, and the McClure judicially created ministerial exception, protecting any employment discrimination in the minister-church relationship.42 B. Title and the Ministerial Exception After v. Mississippi College Eight years after first articulating the ministerial exception in McClure, the judiciary clarified the scope of the exception in v. Mississippi College.43 The court in Mississippi College analyzed Title to determine if it violated the Free Exercise Clause44 when there was a charge of racial discrimination raised against a private religious 35. McClure, 460 F.2d at 555. 36. Id. at 556; see also Coon, supra note 9, at 497. 37. McClure, 460 F.2d at 558-60. 38. Id. at 558. 39. Id. at 559. 40. Id. at 560. 41. Id. Application of Title would \"cause the State to intrude upon matters of church administration and government which have so many times before been proclaimed to be matters of a singular ecclesiastical concern.\" Id. 42. Coon, supra note 9, at 503. 43 v. Miss. Coll., 626 F.2d 477, 488 (5th Cir. 1980). 44. Id. In determining whether a statutory enactment violates the free exercise of a sincerely held religious belief, the Supreme Court has examined (1) the magnitude of the statute's impact upon the exercise of the religious belief, (2) the existence of a compelling state interest justifying the burden imposed upon the exercise of the religious belief, and (3) the extent to which recog- nition of an exemption from the statute would impede the objectives sought to be advanced by the state school.45 The court held that Title VII's statutory exception, found in \u00a7 702, is limited to discrimination on the basis of religion4\" even if the religious discrimination is simply pretextual to a racial bias.47 The argued that Title would not require excessive government involvement48 and that the statute did not enable religious institutions to disregard equal employment mandates.49 The court ruled that if the religious organization presented sufficient evidence that the chal- lenged employment practice was a result of discrimination on the basis of religion, the was not permitted to further investigate the challenged practice.5\" The court in Mississippi College also extended Title to religious organizations' employment practices in their non-religious ventures.51 Thus, a religious organization had full discretion in its employment decisions, as long as any discrimination displayed had a basis in religious belief, despite a possible foundation in sexual or racial bias.5 The case of Rayburn v. Seventh-Day Adventists53 presented another broad caveat to the religious employment exemptions under Title and the First Amendment. Additionally, the court in Rayburn articulated a test to evaluate the application of the ministe- rial exception when raised as a defense by religious institutions.54 In Rayburn, the Fourth Circuit employed the protections of the First Amendment to hold that a church organization was \"immune\" from a gender discrimination claim under Title stemming from the organization's refusal to hire a female for a clergy position.55 The court recognized that the language of \u00a7 702 does not grant the freedom to make hiring decisions based on race, sex, or national origin and that the legislative intent of the statutory exemption was limited to religious predilections.56 Despite the Fourth Circuit's recognition of the narrowness of the exception, the court barred the gender-based discrimination claim.57 In arriving at this decision, the Rayburn court developed a test, known as the 'primary duties of the plaintiff 45. Id. at 481. 46. Id. at 485-86. 47. Id. at 489. 48. Id. at 486. 49. Id. at 484. 50. Id. at 485. 51. Coon, supra note 9, at 497. 52. Id. at 499. 53. Rayburn v. Gen. Conference of Seventh-Day Adventists, 772 F.2d 1164 (4th Cir. 1985). 54. Coon, supra note 9, at 503. 55. Rayburn, 772 F.2d at 1169-70. 56. Id. at 1166. 57. Id. at 1172. 2007] 204 [Vol. 14:197 test,\" that has since been relied upon to determine the application of the ministerial exception.5\" To define to whom the ministerial exception should apply, the court first \"looked to the function of the plaintiffs current or desired employment position.\" 9 The court found that a person should be con- sidered a member of the clergy, and the ministerial exception should apply, \"if the employee's primary duties consist of teaching, spreading the faith, church governance, supervision of a religious order, or super- vision or participation in a ritual and worship.\"6 Thus, the court must find the employee's position \"sufficiently spiritual\" to find the exception.6' Arguably, this extends the ministerial exception far beyond the person standing at the pulpit on Sunday, to include aid workers in religious community outreach programs, Sunday school teachers, and teachers at religious institutions, among others.' C. Rationales Behind the Constitutional Reliance of the Courts on the Ministerial Exception The courts rely on various rationales to support their reluctance to delve into the minister-church employment relationship. One, the \"government scrutiny rationale,\" based on the Establishment Clause, holds that the exception is necessary to avoid government entangle- ment between church and state and to prevent government question- ing of church administrative dealings.63 Under the second rationale, the \"selection of clergy\" rationale, courts rely on the idea that churches should be free to choose their own religious leaders.\" Specifically, the Court of Appeals for the Eleventh Circuit, applying the \"selection of clergy\" rationale, reasoned that \"the minister is the chief instrument by which the church seeks to fulfill its purpose,\"65 and as such, the minister should remain separate from the state.66 third rationale, 58. Coon, supra note 9, at 503. 59. Id. at 504. 60. Rayburn, 772 F.2d at 1169 (quoting Bruce N. Bagni, Discrimination in the Name of the Lord Critical Evaluation of Discrimination by Religious Organizations, 79 COLUM. L. REV. 1514, 1545 (1979)). 61. Coon, supra note 9, at 505. 62. Steven K. Green, The Ambiguity of Neutrality, 86 L. REV. 692, 722-23 (2000) (reviewing (2000)). 63. Petruska v. Gannon Univ., No. 05-1222, 2006 U.S. App 13135, at 13-14 (3d Cir. May 24, 2006). 64. Id. at 15. 65. Gellington v. Christian Methodist Episcopal Church, 203 F.3d 1299, 1304 (11th Cir. 2000) (quoting McClure v. Salvation Army, 460 F.2d 553, 558-59 (5th Cir. 1972)). 66. Id. (\"An attempt by the government to regulate the relationship between a church and its clergy would infringe upon the church's right to be the sole governing body of its the \"inquiry into religious doctrine\" rationale, is based on the fear of a secular government making faith determinations.67 Implementation ofjudicial standards would burden the free exercise of religion and the state's interest would not be strong enough to overcome the detriment to the Constitution. 8 Following the holdings in McClure, 6 9 Mississippi College,7\u00b0 and Rayburn,7 courts have taken it upon themselves to adapt the religious exemptions under Title and the ministerial exception.72 Though the language of Title appears narrow, there has been new judicial expansion of its protections from its original scope.73 This expansion has occurred through case law, as courts are given the option to quickly raise jurisdictional concerns under the ministerial exception. One of the most important cases with respect to the expansion of Title protection is that of Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-Day Saints v. Amos.74 The appellee, Mayson, an assistant building engineer for a church-run gymnasium, was fired for failing to acquire a certificate showing his membership in the Mormon church.75 Mayson argued that if \"con- strued to allow religious employers to discriminate on religious grounds in hiring for nonreligious jobs, \u00a7 702 [would violate] the ecclesiastical rules and religious doctrine.\"). 67. Petruska, 2006 U.S. App. 13135 LEXIS, at 16. 68. Theresa J. Fuentes, Title VII, Religious Freedom, and the Case of the Nontenured Nun, in Constitutional Law, 65 GEO. WASH. L. REV. 727, 745 (1997) (quoting v. Catholic Univ., 83 F.3d 455, 467 (1996)). 69. McClure v. Salvation Army, 460 F.2d 553 (5th Cir. 1972). 70 v. Miss. Coll., 626 F.2d 477 (5th Cir. 1980). 71. Rayburn v. Gen. Conference of Seventh-Day Adventists, 772 F.2d 1164 (4th Cir. 1985). 72. Marci A. Hamilton, Religious Institutions, the No-Harm Doctrine, and the Public Good, 2004 L. REV. 1099, 1193-96 (2004). \"The ministerial exception.., is a judicial invention that has been used at times to extend Congress's exemption for discrim- ination on the basis of religious belief to other types of discrimination.\" Id. at 1195; see also Angela C. Carmella, The Protection of Children and Young People: Catholic and Constitutional Visions of Responsible Freedom, 44 1031, 1039 (2003) (discussing the inability of women to make sexual harassment claims against their clergy employers). 73. Michael Kavey, Note, Private Voucher Schools and the First Amendment Right to Discriminate, 113 L.J. 743, 781 (2003) (citing Rayburn v. Gen. Conference of Seventh-Day Adventists, 772 F.2d 1164, 1169 (4th Cir. 1985)). 74. Corp. of the Presiding Bishop of the Church of Jesus Christ of Latter-Day Saints v. Amos, 483 U.S. 327 (1987). 75. Id. at 330. 2007] 205 206 [Vol. 14:197 Establishment Clause.\"76 The Supreme Court, however, rejected this argument, overruling the district court, and found that \u00a7 702 of Title was constitutional 77 under the Establishment Clause. 78 Con- cerned with church autonomy, Justice Brennan, in his concurring opinion, reasoned that the judiciary should \"avoid the entanglement and the chill on religious expression that a case-by-case determina- tion would produce.\"79 In spite of the fact that the duties did not involve spreading and proclaiming the faith, the Court in Amos found that \u00a7 702 permitted a religious entity to discriminate in any activity associated with church employment.' Justice Brennan, in his concurrence, went so far as to advocate a \"categorical rule\" for employ- ees of religious non-profit ventures, to protect religious institutions' employment discretion rights.\"1 The ministerial exception faced its first major Supreme Court challenge in Employment Division v. Smith.82 In Smith, the respon- dents, members of the Native American Church, were fired from their jobs with a private drug rehabilitation organization for their use of peyote, a natural hallucinogenic drug used for sacrament in the 76. Id. at 331. 77. Id. at 330. The test applied by the district court was as follows: First, the court must look at the tie between the religious organization and the activity at issue with regard to such areas as financial affairs, day-to- day operations and management. Second, whether or not there is a close and substantial tie between the two, the court next must examine the nexus between the primary function of the activity in question and the re- ligious rituals or tenets of the religious organization or matters of church administration. . . . [W]here the tie between the religious entity and activity in question is either close or remote under the first prong of the test and the nexus between the primary function of the activity in question and the religious tenets or rituals of the religious organization or matters of church administration is tenuous or non-existent, the court must engage in a third inquiry. It must consider the relationship between the nature of the job the employee is performing and the religious rituals or tenets of the religious organization or matters of church administration. If there is a substantial relationship between the employee's job and church adminis- tration or the religious organization's rituals or tenets, the court must find that the activity in question is religious. If the relationship is not substantial, the activity is not religious. Id. at 332 n.6. The district court then applied the Lemon test. Id. at 332-334. The Lemon test requires: (1) the statute must have a secular legislative purpose; (2) its primary effect must be one that neither advances nor inhibits religion; (3) the statute must not foster an excessive government entanglement with religion. See Lemon v. Kurtzman, 403 U.S. 602, 612-13 (1971). 78. Amos, 483 U.S. at 339. 79. Id. at 345 (Brennan, J., concurring). 80. Coon, supra note 9, at 496. 81. Amos, 483 U.S. at 345-46 (Brennan, J., concurring). 82. Employment Div. v. Smith, 494 U.S. 872 (1990 Native American Church. 3 As a result of the respondents' alleged misconduct, the respondents were denied unemployment benefits because Oregon had outlawed the use of peyote.' The respondents argued that '\"prohibiting the free exercise [of religion]' includes requiring an individual to observe a generally applicable law that re- quires (or forbids) the performance of an act that his religious belief forbids (or requires).\"8 5 Justice Scalia, writing for the Court, deter- mined that the Free Exercise Clause was not violated by the state's regulation of peyote.' In so holding, the Court reasoned that the law was not a directive aimed at religious beliefs and that an individual cannot raise the Free Exercise Clause as a defense against a neutral law. 8 According to the Court, while there are many religious values, beliefs, and practices that should be protected, they should be pro- tected through the political process, rather than the judicial process.8 \" Thus, Smith stands for the proposition that a blanket \"nondiscrimi- natory religious-practice exemption\" is not \"permitted\" or \"desirable.\"0 The dissent viewed the Court's opinion as a departure from existing methods of protecting the free exercise of religion from infringement by the state.91 Justice Blackmun believed that \"Oregon's interest in enforcing its drug laws against religious use of peyote [was] not sufficiently compelling to outweigh respondents' free exercise of their religion.\"92 In so finding, the dissent articu- lated the position of religious institutions that there should be broad protection of religious practices under the Free Exercise clause. 93 A. Survival of the Ministerial Exception After the Holding in Employment Division v. Smith The majority in Smith recognized that the Free Exercise Clause is limited in its ability to exempt religious practices and decisions 83. Id. at 874. 84. Id. 85. Id. at 878. 86. Id. at 890. 87. Id. at 885. 88. Id. at 878-79. \"mhe right of free exercise does not relieve an individual of the ob- ligation to comply with a 'valid and neutral law of general applicability on the ground that the law proscribes (or prescribes) conduct that his religion prescribes (or proscribes)\" Id. at 879 (quoting United States v. Lee, 455 U.S. 252, 263 n.3 (1982) (Stevens, J., concurring)). 89. Id. at 890 90. Id. 91. Id. at 907-08 (Blackmun, J., dissenting). 92. Id. at 921 (Blackmun, J., dissenting). 93. Id. at 909-21 (Blackmun, J., dissenting). 20071 207 208 [Vol. 14:197 from state regulations.9 4 Following Smith, Title could be inter- preted to apply equally to civil servants despite the spiritual or secular nature of their work.95 The requirement that the statue supported a compelling state interest was no longer necessary when a law was neutral in its application.96 Smith dispelled the idea of a judicially-crafted exception from a neutral statute.9 7 Many religious institutions condemned the ap- plication of these statutes and fought for federal legislation.98 The Religious Freedom Restoration Act (RFRA) was a result of their efforts.99 Though was limited in Boerne v. Flores as applicable to state law only, 1' \u00b0 Boerne still enabled courts to accommodate religious institutions through other legislative protections, such as the federally enacted \u00a7 702.1\u00b0\" The decision in Smith was criticized and circumvented by subsequent cases.0 2 Judicially, the ministerial exception continues to be applied despite the holding in Smith. \u00b03 Circuit courts have maneuvered around the holding in many ways. For example, the D.C. Circuit Court held that although the right of free exercise does not excuse an individual from complying with a valid and neutral law, it does not follow from the holding in Smith \"that a church may never be relieved of the obligation.\"''0 4 It has also been argued that the minis- terial exception rests not on a compelling interest of the state, but on the basic idea of protection of church doctrine and religious 94. William B. Turner, Note, Putting the Contract into Contractions: Reproductive Rights and the Founding of the Republic, 2005 Wis. L. REv. 1535, 1600 (2005) ('The implicit point of the Smith decision... is a thoroughly Lockean one: institutions and organi- zations that accept the benefits of government must also accept certain limitations.\"). 95. Carol M. Kaplan, Note, The Devil is in the Details: Neutral, Generally Applicable Laws, and Exceptions from Smith, 75 N.Y.U. L. REV. 1045, 1071 (2000). 96. Smith, 494 U.S. at 892-94 (O'Connor, J., concurring). 97. Hamilton, supra note 72, at 1195 (\"[C]ourts are not competent to carve out individual exemptions from generally applicable laws; that is the province of the legislature. That is the explicit holding in Smith.\"). 98. Id. at 1108. 99. Id. 100. Boerne v. Flores, 521 U.S. 507 (1997). 101. Coon, supra note 9, at 489 n.26 (discussing City of Boerne's finding that there is a sphere of constitutional \"accommodation\" for different aspects of religion even when that protection is not specifically outlined in the Free Exercise Clause (citing Boerne, 521 U.S. at 516-20)). 102. See Michael E. Lechliter, Note, The Free Exercise of Religion and Public Schools: The Implications of Hybrid Rights on the Religious Upbringing of Children, 103 MICH. L. REv. 2209, 2222-28 (2005) for a discussion of cases criticizing and circumventing the decision in Smith. 103. Kavey, supra note 73, at 780. Several appellate courts have held that the min- isterial exception has not been overruled and the selection of clergy is protected by the Free Exercise Clause and the Establishment Clause. 104 v. Catholic Univ. of Am., 83 F.3d 455, 462 (D.C. Cir. 1996 practices.\u00b0 5 Circuit courts continue to apply the ministerial exception to religion-neutral laws, and Smith has effectively been disregarded. 1 06 The Smith backlash highlights the heightened decision-making role of the judiciary in ministerial exception cases. It would appear that the ministerial exception is a judicial extension of Title VII's protections of religious beliefs. Judicial failure to heed Smith exem- plifies the judiciary's perceived \"authority to ensure that .. . civil rights laws include exemptions for core religious liberty interests.' 0 7 B. The Current Status of the Ministerial Exception Within the Circuits Many of the circuits continue to apply the ministerial excep- tion.' Its proponents demand that the judiciary defend the First Amendment free exercise activity of religious institutions and they argue that religious institutions' employment decisions should be immune from State governance.0 9 Under this logic, the interests of groups such as churches \"should be absolutely protected when the interest is directly linked to internal matters of the religious commu- nity.\"\"' Fears pervade among the different circuits about the entan- glement of judicial determinations of fact and religious doctrine.\"' The fundamental need for separation of church and state is clear, though the degree of application of the ministerial exception has varied. 2 The ease in which it can be applied in some circuits can leave civil servants without recourse for a termination unrelated to church dogma. Petruska v. Gannon University\"' provided an oppor- tunity for the Supreme Court to clarify the ministerial exception. On April 27, 2007, however, certiorari was denied.\" 4 In refusing to hear the case, the Court has allowed for the continued twisting of Smith's holding by the lower courts. Petruska's case presented a classic 105. Id. at 462-63. 106. Nelson Tebbe, Free Exercise and the Problem of Symmetry, 56 L.J. 699, 734 (2005) (\"Ministerial exemptions.., inexplicably persist after Smith even though the civil rights statutes are not aimed at religion.\"). 107. Jack S. Vaitayanonta, Note, In State Legislatures We Trust?: The \"Compelling Interest\" Presumption and Religious Free Exercise Challenges to State Civil Rights Laws, 101 COLUM. L. REV. 886, 924 (2001). 108. Petruska v. Gannon Univ., No. 05-1222, 2006 U.S. App 13135, at 1 (3d Cir. May 24, 2006). 109. McClure v. Salvation Army, 460 F.2d 553, 558-59 (5th Cir. 1972). 110. Vaitayanonta, supra note 107, at 923. 111. Fuentes, supra note 68, at 744. 112. Hamilton, supra note 72, at 1193. 113. Petruska v. Gannon Univ., 350 F. Supp. 2d 666 (W.D. Pa. 2004). 114. Petruska v. Gannon Univ., 127 S. Ct. 2098 (2007). 2007] 209 210 [Vol. 14:197 situation in which a religious employee's civil rights were subverted to the fears of mingling church and state Lynette Petruska was hired by Gannon University in 1997 as director of the University's Center for Social Concerns.\" 5 Petruska, who was then a nun as well as an attorney,\"6 was told by the University that the workplace was an equal opportunity environ- ment, especially with respect to gender.\" 7 Shortly after Petruska was hired, she was asked to serve as the University Chaplain while Chaplain Rouch was out of the country on a period of study.\"' Although this position was not necessarily a high-powered position, it did place Petruska on the president's staff.\"9 Petruska accepted the position as Chaplain for the University with assurances from the University President, David Rubino, that she would not \"be replaced when a male became available to fill the position, or... when Rouch returned from Rome.\" 2 \u00b0 Petruska sought these assurances because she had observed women being removed from leadership positions in the past. 2' Petruska's appointment as Chaplain for the University demonstrated that Gannon University did not have any doctrinal objection to a woman serving as Chaplain.'22 contentious environment developed after President Rubino took a leave of absence when a sexual affair came to light. 2 ' Chaplain Petruska helped uncover further allegations of sexual harassment against Rubino resulting in Rubino's resignation.'24 According to Petruska, a cover-up then ensued to hide the wrong-doings and sexual misconduct from the public and members of the University.'25 Petruska was \"vocal in opposing this and other of the Administration's policies and procedures which she viewed as discriminatory toward females.\"'26 115. Petruska, 350 F. Supp. 2d at 670. 116. Henriques, supra note 17. 117. Petruska, 350 F. Supp. 2d at 670. 118. Id. 119. Telephone Interview with Lynette Petruska, supra note 14. 120. First Amended Complaint at 6, Petruska v. Gannon Univ., 350 F. Supp. 2d 666 (W.D. Pa. 2004) (No. 1:04:cv-0080-SJM). 121. Id. at 7-9. 122. E-mail from Lynette Petruska, Plaintiff, Petruska v. Gannon Univ. (Oct. 25,2007, 22:18 EST) (on file with author). 123. First Amended Complaint, supra note 120, at 7. 124. Petruska, 350 F. Supp. 2d at 670-71. 125. Id. at 670. 126. Id Petruska was pressured to remove items from a report she assisted in submitting that documented the gender inequality at the University.127 She refused, and in retaliation for this action,128 Petruska alleged that a meeting took place where Bishop Trautman instructed the newly appointed President Ostrowski to remove Petruska as chaplain or restructure her position to put her under Rouch.'29 Ostrowski refused to comply. 3 \u00b0 Though the University argued that these changes were just in title and not in status, the change would have removed Petruska from the President's staff.' Ostrowski conceded that the restructuring was because of Petruska's gender.'32 Soon after, Bishop Trautman decided to \"clean house\" by removing the Executive Director of Admissions, the acting Provost, and the University Chaplain, all of whom were females.'33 Despite these threats, Petruska continued to call the Bishop's attention to actions by priests that she thought were inappropriate Petruska's duties were reigned in'35 and she believed that she was \"de- moted not only because she [was] a woman, but because she [was] a woman who dared to challenge the propriety of the Board.\"'36 Based on communications with Antoine Garibaldi, the new president of Gannon University, Petruska believed that she would be fired for rais- ing her concerns about discrimination, and as a result of this belief, Petruska resigned from her position.'37 Despite submitting two weeks' notice, Petruska was told to leave the premises immediately. 138 Following her resignation, Petruska alleged that she was treated differently than other male employees of the University, namely priests, who were forced to resign in the past.3 9 Specifically, Petruska alleged that she was banned from the campus whereas priests who had been accused of sexual misconduct were not. 40 Additionally, state- ments were made to students and faculty that a woman would not be 127. Id. at 670-71. 128. Id. at 671. 129. First Amended Complaint, supra note 120, at 8. 130. Id. 131. Telephone Interview with Lynette Petruska, supra note 14. 132. Petruska, 350 F. Supp. 2d at 671; see also First Amended Complaint, supra note 120, at 9. 133. First Amended Complaint, supra note 120, at 10. 134. Id. at 12. 135. Id. at 11. 136. Id. at 12. 137. Petruska, 350 F. Supp. 2d at 671. 138. Id. 139. First Amended Complaint, supra note 120, at 18. 140. Id. at 18-19. 2007] 211 212 [Vol. 14:197 considered for Petruska's replacement, 141 highlighting the fact, accord- ing to Petruska, that her original demotion was based on gender.142 Petruska's complaint against the University raised both state law claims as well as claims of retaliatory and gender-based discrimi- nation in violation of Title VII.143 Specifically, Petruska asserted six theories for recovery including: (1) Title Gender Discrimination Against All Defendants, (2) Title Retaliatory Discrimination Against All Defendants, (3) Fraudulent Misrepresentation, (4) Civil Conspiracy, (5) Breach of Contract, and (6) Negligent Supervision and Retention of Various Employees.144 Gannon University and the other named defendants (including the Board of Trustees, Bishop Trautman, former President Rubino, current President Garibaldi, and Vice President Rouch) moved to dismiss all of these claims on the ground that the court lacked subject-matter jurisdiction under the minis- terial exception. 141 The motion to dismiss Petruska's First Amended Complaint was argued before the District Court for the Western District of Pennsylvania. 4 6 Judge McLaughlin, writing for the court, first noted that the defendants' motion presented a facial challenge to the court's subject matter jurisdiction and, as such, the court was required to consider the allegations in Petruska's complaint as true.'47 Judge McLaughlin, however, recognized that it was ultimately Petruska's burden to establish that the court had jurisdiction. 4 ' Applying these principals, Judge McLaughlin then analyzed the impact and extent of the ministerial exception and, thus, the lynchpin issue of whether the court had jurisdiction to hear the plaintiffs claims.'49 Judge McLaughlin traced the ministerial exception from its roots in the Free Exercise Clause and the Establishment Clause to the present day interpretation.'50 After surveying and analyzing a num- ber of court decisions regarding employment discrimination claims against churches by ministers,'5 ' Judge McLaughlin found that the guard against judicial involvement in the ministerial relationship, pro- tected by the ministerial exception, extended to \"any matters 'touching this relationship.\"\"52 While first noting that the controlling Third 141. Petruska, 350 F. Supp. 2d at 672. 142. First Amended Complaint, supra note 120, at 9. 143. Petruska, 350 F. Supp. 2d at 668. 144. Id. at 672. 145. Id. 146. Id. at 668. 147. Id. at 669. 148. Id. 149. Id. at 672-85. 150. Id. at 672-73. 151. Id. at 673-75. 152. Id. at 674 Circuit had not adopted the ministerial exception, the district court determined that under \"appropriate circumstances\" the exception would apply to keep civil rights claims out of the court system. 153 After recognizing the ministerial exception as valid, Judge McLaughlin then analyzed whether the ministerial exception was applicable to Petruska's claims. Judge McLaughlin first found that Petruska's duties were ministerial in nature,' despite the fact that Petruska would not have been deemed a minister in her own church, the Catholic church, where the role is reserved for males.5 ' The court found that Petruska's role on the Catholic Identity Task Force and her holding of prayer services were sufficiently ministerial.\"'5 Judge McLaughlin did not find it significant that the reason for Petruska's dismissal was unrelated to religious doctrine, as the focus of the minis- terial exception is on the action taken and not the motives.'57 Thus, the ministerial exception would halt any investigation into employ- ment motivations by the court.'58 The district court then analyzed the impact of Employment Division v. Smith'59 upon the invocation of the ministerial exception by Gannon University.6 \u00b0 Relying upon the decisions of other federal district courts, Judge McLaughlin found that the Smith decision did not \"undermine the viability of the ministerial exception.\"'' Finally, the district court refused to waive the ministerial excep- tion in Petruska's case, despite Gannon's self-promotion as an equal opportunity employer.'62 Petruska claimed that these representations and the receipt of public funding constituted a waiver of Gannon's First Amendment protections.'63 The district court declined to find a waiver of First Amendment protections through the acceptance of federal funds, as a waiver needs to be knowing and intelligent. 6 4 Welter v. Seton Hall University,165 cited by the Plaintiff, discussed the importance of the ministerial exception. The court in Welter stated 153. Id. at 674-75. 154. Id. at 677. 155. Id. at 675. 156. Id. at 676-77. 157. Id. at 677. 158. Id. 159. Employment Div. v. Smith, 494 U.S. 872 (1990). 160. Petruska, 350 F. Supp. 2d at 678. 161. Id. at 678 (relying upon the fact that a different aspect of the free exercise of religion was at issue in Smith and that the ministerial exception does not address the same concerns). 162. Id. at 679. 163. Id. 164. Id. at 679-80. 165. Welter v. Seton Hall Univ., 608 A.2d 206, 212-15 (N.J. 1992). 2007] 213 214 [Vol. 14:197 that \"[i]n appropriate circumstances a court may apply neutral prin- ciples of law to determine disputed questions that do not implicate religious doctrine.\"' 6 The Supreme Court of New Jersey noted that the rights of a religious institution to free exercise in employment decisions under religious doctrine could be \"bargained away.' 67 While the district court held that the ministerial exception may be waived because it is judicially-made law, the high standard for waivers of constitutional rights was not met by Gannon University.6 ' As no issue of waiver existed, the court held that it did not have jurisdiction to hear Petruska's claims.'69 Thus, the court was not per- mitted to question whether Gannon University's motives were related to Petruska's gender or were retaliatory in nature.17 It would appear from the court's reasoning that an association between the motives and the doctrine of the Catholic church was not needed.' 7 ' Judge McLaughlin found that unfortunately for Petruska, and other religious servants in the district, whether Gannon University's motives were misguided did not matter with respect to equal employment under Title VII. 172 Though the court acknowledged that there was \"potential for abuse,\"'73 there were safeguards in place for people and actions that fell outside of the ministerial exception, namely sexual harassment claims under Title VII.174 In finding that sexual harassment fell out- side the scope of the ministerial exception, the court relied upon the case of Bollard v. California Province of the Society of Jesus.7 1 Sub- sequent case law, however, casts doubt on the ability of the judiciary to maintain these distinctions in the context of the ministerial ex- ception.176 Petruska's claim was denied as the court failed to address her complaint because of an alleged lack of jurisdiction.'7 166. Id. at 212. 167. Id. at 214. 168. Petruska, 350 F. Supp. 2d at 680-82. 169. Id. at 683. 170. Id. 171. Petruska herself had served as chaplain. 172. Petruska, 350 F. Supp. 2d at 683. 173. Id. at 684. 174. Id. at 684-85. 175. Id. at 685; Bollard v. California Province of the Soc'y of Jesus, 196 F.3d 940 (9th Cir. 1999). 176. See Gellington v. Christian Methodist Episcopal Church, Inc., 203 F.3d 1299, 1303-04 (1 1th Cir. 2000) (affirming the dismissal of a minister's Title retaliation and constructive discharge claims); see also First Amended Complaint, supra note 120, at 7 (though Petruska herself was not sexually harassed, she was \"instrumental\" in bringing sexual harassment claims to the attention of her superiors). 177. Petruska, 350 F. Supp. 2d at 685 Petruska appealed her case to the United States Court of Appeals for the Third Circuit, where it was argued on October 20, 2005.178 In a surprising opinion by the late Honorable Judge Edward R. Becker, the Third Circuit reversed the lower court's decision concerning juris- diction over the case. 179 The court held that the scope of the ministerial exception in the Third Circuit should be \"carefully tailored\" and found that \"[w]here otherwise illegal discrimination is based on religious belief, religious doctrine, or the internal regulations of a church, the First Amendment exempts religious institutions from Title VII. ' \" \u00b0 The court further held that discrimination unrelated to religion was not protected under the ministerial exception and did not foreclose Title suits.\"1 Judge Becker recognized that although six of his sister circuits apply the ministerial exception when the discrimination is not based in reli- gion,182 application in the Third Circuit must take into account the government's interest in fair employment. 8 3 In a rather frank opinion, Judge Becker recognized the reasons the Constitution requires the ministerial exception to protect the First Amendment rights of religious institutions.8 4 In addition, Judge Becker explained why the circumstances presented in this case were different from the cases in which the ministerial exception applied.\"8 5 The court noted that the ministerial exception is necessary to avoid 'government scrutiny' into the operations of religious institutions, that churches should be free in the selection of their clergy, and that courts should not be put in the position of resolving questions of religious doctrine.8 6 The issue in Petruska was \"whether a ministerial employee may bring suit under Title where the religious institution lacks a ratio- nale for the employment action that is grounded in faith, doctrine, or internal regulation.\"'187 The court found that the legislature did not give religious institutions the blanket right to discriminate based on gender.88 Despite the fact that decisions in different circuits held 178. Petruska v. Gannon Univ., No. 05-1222, 2006 U.S. App 13135 (3d Cir. May 24, 2006). 179. Id. at 56-57. 180. Id. at 2. 181. Id. 182. Id. at 10. 183. Id. at 2-3. 184. Id. at 9-16. 185. Id. at 27-28. 186. Id. at 13-16. 187. Id. at 22-23. 188. Id. at 25. 2007] 215 216 [Vol. 14:197 that \"employer's reasons are irrelevant to the ministerial exception,\"'\" Judge Becker forced the Third Circuit to delineate based on that dis- tinction.' In support of Petruska, and other religious civil servants within the jurisdiction of the Third Circuit, the court \"decline[d] to turn the Free Exercise Clause into a license for the free exercise of discrimination unmoored from religious principle.\"'91 Thus, in order to apply the ministerial exception in the Third Circuit, the employ- ment decision must be motivated by religious belief, religious doctrine, or church regulation.'92 If the law does not reach into their doctrine, religious organizations should adhere to neutral laws. 9 ' The Third Circuit held that based on Petruska's complaint, analy- sis of her claim would not necessarily involve examination of religious doctrine.'94 The district court could refrain from determining religious questions if church doctrine and practice were not implicated.195 It would appear that the court did not view this as a circumstance in which the Catholic religion barred women from chaplain positions, as Gannon University had appointed Petruska as University Chaplain.96 When religious doctrine is not implicated, the court held that the ex- ception should be construed narrowly so that the court is \"cut[ting] with a scalpel, not a butcher's knife.\"' 97 Fear or \"mere speculation\" that some religious worker's claims may present First Amendment problems in the future should not bar the court from asserting juris- diction. 9 ' Judicial analysis of non-doctrinal decisions does not impact a religious institution's free exercise rights,' and at that early stage of litigation, there is no entanglement between church and state. 00 Judge Becker, thus, concluded that the district courts of the Third Circuit could determine whether a piece of evidence invoked a reli- gious doctrine.2 ' Therefore, no reason existed to prematurely deny jurisdiction in cases seeking to protect civil liberties.0 2 The civil rights of employees in religious institutions, through this opinion, can still be argued in the judicial system when the 189. Id. at 28. 190. Id. 191. Id. at 28. 192. Id. 193. Id. at 35. 194. Id. at 37. 195. Id. at 41. 196. Id. at 5. 197. Id. at 45. 198. Id. 199. Id. at 47. 200. Id. at 50. 201. Id. at 44. 202. Id question is not one of religious canon. This parallels Petruska's belief that \"before we should impose the First Amendment exceptions we should look to see if dogma is implicated, or otherwise it is just dis- crimination masquerading as religion. 2 \u00b03 The internal operating rules of the Third Circuit require that an opinion be in circulation for eight days.2\u00b0 Judge Becker's opinion was circulated to the full court for five days when he passed away.205 Due to the failure to satisfy the eight-day minimum, a sur petition by the Respondent, Gannon University and other named defendants, for rehearing was granted,206 and Judge Becker's opinion was vacated on June 20, 2006.207 In the rehearing, the Honorable Judge Smith, who dissented in the original hearing, wrote the opinion for the court.20 Relying on his analysis in his previous dissent, Judge Smith upheld the decision of the district court, finding the ministerial exception applicable and concluding the exception \"is akin to a government official's defense of qualified immunity.\"209 Judge Smith, unlike the late Judge Becker, was deeply influenced by actions taken by other circuits who feared even the slightest risk that Title would violate the First Amend- ment rights of religious institutions.210 Judge Smith found that the history of the ministerial exception did not allow religious institutions free reign to discriminate on the basis of gender.211 Despite this, the court held that the First Amend- ment protected \"the act of a decision rather than a motivation behind it.\" 212 Judge Smith did not see how the state could remain separate from the church when analyzing motivations behind religious employ- ment decisions.213 203. Telephone Interview with Lynette Petruska, supra note 14. 204. 3RD CIR. R. 5.5.2, available at 205. Telephone Interview with Lynette Petruska, supra note 14. 206. Petruska v. Gannon Univ., No. 05-1222, 2006 U.S. App 15088 (3d Cir. June 30, 2006). Another opinion of Judge Becker's was in circulation for less than eight days, but the decision was not vacated because the issue was not raised. Petruska argued that if you need to have a live judge to validate the opinion, then the rule should apply to all affected opinions. She petitioned that the judge need only be alive when sitting on the bench. Telephone Interview with Lynette Petruska, supra note 14. 207. Petruska, 2006 U.S. App 15088. 208. Petruska v. Gannon Univ., 462 F.3d 294, 299 (3d Cir. 2006). 209. Id. at 302. 210. Id. at 303-04. 211. Id. at 303-04 n.4 (citing Rayburn v. Gen. Conference of Seventh-Day Adventists, 772 F.2d 1164, 1167 (4th Cir. 1985)). 212. Id. at 304 n.7 (citing Rayburn v. Gen. Conference of Seventh-Day Adventists, 772 F.2d 1164, 1169 (4th Cir. 1985)). 213. Id. (citing other circuit court opinions that feared that any examination by the judiciary violates the Free Exercise Clause and the Establishment Clause rights of 2007] 217 218 [Vol. 14:197 Judge Smith agreed that the exception to Title for religious institutions should be narrow, 14 but saw the narrowness as satisfied through the exclusive application to ministers.215 The appellate court saw the protection of a religious institution's right to hire and fire its ministers as paramount to that religious institution's free speech, thus trumping an individual's rights to equal employment.\"' Gannon's choice to change Petruska's position and restructure the department \"constituted a decision about who would perform spiritual functions and about how those functions would be divided.\" '217 As Petruska was a \"ministerial\" employee, the court concluded that it was pre- cluded from any investigation into Gannon's possibly inappropriate motives.218 The loss of the second battle in the appellate court did not sur- prise Petruska.219 If Gannon had lost, however, the Catholic church could have pressured the University not to appeal the decision to the Supreme Court.22 loss in the Supreme Court would hurt the liberty of the Church's employment decisions in every circuit, not just in the Third Circuit.221 Petruska and her attorneys then decided to take her plight for civil liberties to the Supreme Court.22 2 In bringing her case to the Supreme Court, Petruska had two motives. First, it was Petruska's firm belief that churches should op- erate as other employers do.223 To Petruska, Title is a neutral law and an exception should not keep thousands of church workers separated from their civil rights.224 Second, Petruska wished to draw national focus to the problems that she saw with institutionalized religions that have protection from the law, particularly the Catholic faith.225 Her experience as a nun in the Catholic church exposed her religious organizations). The court quoted the Eleventh Circuit for the proposition that \"the constitutional protection of religious freedom afforded to churches in employment actions involving clergy exists even when such actions are not based on issues of church doctrine or ecclesiastical law.\" Id. at 305 n.7 (quoting Gellington v. Christian Methodist Episcopal Church, 203 F.3d 1299, 1303 (llth Cir. 2000)). 214. Petruska, 462 F.3d at 305. 215. Id. at 312. 216. Id. at 306-307. 217. Id. at 307-308. The court remanded Petruska's breach of contract and fraud claims, as the ministerial exception would not apply and disposition of the claims would not require the court to delve into religious dogma. Id. at 312. 218. Id. at 312. 219. Telephone Interview with Lynette Petruska, supra note 14. 220. Id. 221. Id. 222. Id. Ms. Petruska planned to file her petition on January 16, 2007. 223. Id. 224. Id. 225. Id to an \"ongoing cover-up of priest sexual misconduct,\" where the ministerial exception was just one more enabling safeguard. 226 From Petruska's perspective, if she was given a chance to tell the truth about the priest misconduct as she experienced it, she would win.227 According to Petruska, the blatant cover-ups by the Catholic church served to disillusion her both as a nun and as a Catholic.228 These goals could have been accomplished through Petruska's day in the Supreme Court. Though the chances of any case being granted certiorari are very slim, the issue presented in Petruska's case is one of great importance. There have been particular circuit splits, and the Supreme Court has not addressed the overall idea of an exception in over thirty years. 229 Now that the Supreme Court has denied certiorari to hear Petruska's case, the ministerial exception may not be addressed for many more years to come. This issue \"has developed, and now it has developed into a muddle and [Petruska] is a good case that illustrates the confusion.\" 230 The lower courts have clearly shown their need for guidance, as the ministerial exception has percolated for a long period of time.2 1 Additionally, the Supreme Court has historically shown a great deal of respect for Judge Becker's opinions.2 32 Critics of the ministerial exception saw Petruska not only as a chance for clarification, but also as an opportunity to bring to light the follies of the ministerial exception.233 When the exception goes too far, it \"wrongly puts courts in the shoes of the legislature. 234 Congress did not provide an exception from equal employment requirements for non-doctrinally motivated employment discrimination.235 If the Supreme Court ruled in favor of Petruska, religious institutions 226. Id. 227. Id. 228. Id. Petruska is no longer a nun or a practicing Catholic. She is now a full-time lawyer, working in St. Louis, Missouri. Her frustration stems from the fact that she \"can't get the laws of this country enforced for [herself], but [priests] can violate the rules of their diocese and nothing happens.\" 229. Telephone Interview with Marci Hamilton, Professor of Law, Cardozo School of Law (Jan. 17, 2007). Ms. Hamilton also assisted in Petruska's case and represented her in front of the Supreme Court. 230. Id. 231. Id. 232. Id.; see also Tim Weiner, Edward R. Becker, 73, Judge on Federal Court of Appeals, N.Y. TIMES, May 20, 2006, at D8. 233. E-mail from Lynette Petruska, supra note 122. 234. Marci Hamilton Federal Trial Court Dismisses a Nun-Priest Sexual Harassment Claim Dubious Case for Invocation of the 'Ministerial Exception LAW, Jan. 27, 2005, available at 235. Id. 20071 219 220 [Vol. 14:197 demanding exceptions to anti-discrimination laws would have been forced to return to Congress for broader statutory protections.236 Additionally, some critics saw Petruska as yet another example of the high level of deference given to religious institutions, despite private, and sometimes public, indiscretions.\" ' Clergy sexual abuse scandals concern the public, particularly when cover-ups are brought to light.2 38 Fear that these transgressions continue, and go unpun- ished, has brought scrutiny upon religious institutions.2 39 Feelings of resentment also surround the protections that religious institutions have from investigation.2 40 America is an ordered democracy with laws upheld by the government, and some believe that strong religious institutions operate in contrast to that political ideal of fairness.241 The mentality of those who criticize the ministerial exception is one that advocates the Court's decision in Bob Jones University v. United States.242 In Bob Jones University, the Supreme Court held that Bob Jones University was not permitted to discriminate on the basis of race while receiving federal funds.243 In addition to finding that racial discrimination was against public policy,244 the case also exemplifies the balancing of liberty interests between religious inter- est and public policy. 245 Petruska's case and claim against the Catholic institution of Gannon University was just one example of the plight of many religious civil servants around the country. When the courts inter- pret the ministerial exception broadly, the judicially-created law can serve to disassociate church employees from their civil rights. This can affect those serving even minimally ministerial functions. The exception, though valid in many cases, can be misconstrued in favor of protecting sexist, racist, and bigotry-driven motives of religious leaders. In some cases, the secular legal issue is so entangled in the religious dogma that the court cannot be trusted to decipher it. 246 Lynette Petruska's experience represents the plight of women who 236. Id. 237. Telephone interview with Marci Hamilton, supra note 229. 238. See, e.g., Peter Schworm, Protestors Demand Priest's Apology: Accused of Aiding Sex Abuse Cover-up GLOBE, Sept. 10, 2007, at B2; see also William Bunch & Dana DiFilippo, But No Justice for Viwtims as Grand Jury's Powerless to Act NEWS, Sept. 22, 2005, at 3. 239. Id. 240. Telephone Interview with Marci Hamilton, supra note 229. 241. Id. 242. Bob Jones Univ. v. United States, 461 U.S. 574 (1983). 243. Id. at 605. 244. Id. at 593. 245. Telephone Interview with Marci Hamilton, supra note 229. 246. Id wish to become religious professionals and the lack of protection afforded their civil liberties once they arrive there. Unfortunately, the advancement of Petruska's cause has been halted, for the time being, by the Supreme Court ExCEPTION How The glass ceiling is just as thick, if not more so, for women like Petruska who wish to make their careers in the church. If women are even permitted to enter into leadership roles within a religious insti- tution, they do so at lower numbers247 and at a slower rate than their male counterparts. 248 late 1990s study found that \"women... con- stitute about 10 percent of all American religious leaders. 249 Another study found that \"it takes women twice as long to reach the 50% em- ployment mark than it does for men., 2 0 An exception to this is the United Methodist Church, where the Church mandates that there be a guarantee of employment for all ordained clergy.2 In general, how- ever, men are employed far more quickly than women after graduating from seminary.25 2 As time has gone on, the disparities between males and females in mid-level and high-level positions within the church have continued.25 3 It has been suggested that one reason for the discrepancy in placement and advancement speed between men and women is that women are being guided to lower-level service positions within their religious institutions based on their gender.254 Beginning in seminary, women are tracked to lower positions of clerical employment. 25 female entering seminary is more likely to be placed in \"secular work, interim positions, specialized ministries, chaplaincies in secular 247. Olson et al., supra note 2, at 141 (\"Many American religious traditions, most notably the Catholic Church and most of evangelical Protestantism, do not ordain women at all.\"). 248. Patricia M. Y. Chang, In Search of a Pulpit: Sex Differences in the Transition from Seminary Training to the First Parish Job, 36 614, 617 (1997) [hereinafter In Search of a Pulpit]. 249. Olson et al., supra note 2, at 140. 250. In Search of a Pulpit, supra note 248, at 617. 251. Id. 252. Id. at 618-19 (analyzing studies that found that more than fifty percent of men versus forty percent of women found employment after ninety days, and eighty-five percent of men have jobs within two years of graduation from seminary, compared to seventy percent of women). 253. Paula D. Nesbitt, Clergy Feminization: Controlled Labor or Transformative Change?, 36 J. Sci 585, 585 (1997). 254. Female Clergy in the Contemporary Protestant Church, supra note 4, at 566. 255. Id. at 567. 2007] 222 [Vol. 14:197 institutions, and non-parish ministries.\" 256 Their superiors, a lack of institutional support, and the difficulties associated with getting parish positions push females into these positions.257 Females are discouraged from becoming ordained by their religious leaders and ordained advisors.25\" Even in clergy positions, women are earning less than their male counterparts.259 There are concerns that the presence of women serving as professionals is superficial, as these women are not given the opportunity for substantial authority \u00b0 Studies have found that it takes women longer to find jobs in religious institutions because local congregations are resistant and women are less likely to receive aid in placement.26' The feminization movement of religious institutions has been slow because there is fear over community disdain for female lead- ers.262 Religious leaders worry that women will \"take over the church\" and drive away other religious workers and worshippers, that the clergy market will be over saturated, and that rifts will occur within churches.263 Feminine presence in the religious workplace has also been discouraged for its alleged negative effect on male clergy.264 Simply put, women in the church, like Petruska, face inherent dis- crimination that can at times be wrongly condoned by the government The future of religious employees like Petruska has been left unprotected, or at least unexamined by the Supreme Court. If the Court had chosen to examine the issue, there are a number of factors that would have influenced the Supreme Court's resolution of the issues presented by Petruska's claims number of the Supreme Court Justices are of the Catholic faith.265 If nothing else, it would 256. Id. at 568. 257. Id. at 568-69. 258. Lehman, Jr., supra note 5, at 7-8. 259. Female Clergy in the Contemporary Protestant Church, supra note 4, at 568. 260. Nesbitt, supra note 253, at 585. 261. In Search of a Pulpit, supra note 248, at 615. 262. Female Clergy in the Contemporary Protestant Church, supra note 4, at 565 (\"Some thought that the presence of women in the pulpit would cause large numbers of members to leave the church.\"). 263. Nesbitt, supra note 253, at 586. 264. Id. \"Presumed adverse effects of feminization ... have included sexual temp- tation .... male impotency .... men shirking religious responsibility .... lower male morale, and loss of socially legitimated privilege to vestments as well as other pastoral or sacramental activities traditionally associated with women's domestic roles.\" 265. Religious Affiliation of the U.S. Supreme Court, _sc.html (last visited Nov. 11, 2007 have been interesting to see the Court's internal battle between the Justices' religious tendencies and their textualism. On the other hand, recent decisions concerning the Free Exercise Clause are in contrast to the present interpretation of the ministerial exception.26 The ministerial exception is a reminder of the freedom from religious persecution that our forefathers fought and died for.267 The protection of the freedom of religion relies upon the ability of churches and other bodies of worship to practice their faith freely. History clearly views aspects of faith and religious practice as privileged in the eyes of the law. 8 When a religious institution seeks exclusion from Title VII's equal opportunity mandates, the scope of \u00a7 702 and of the ministerial exception will completely dictate the future of the matter. If the scope of \u00a7 702 and the ministerial exception are too broad, a religious employee may be wrongly denied her day in court. In contrast, if the scope is read too narrowly, the line between church and state can become blurry. Judge Becker believed in protecting religious employees when the nature of the discrimination was neither religious in nature nor a part of church doctrine.6 9 If the exception is narrowly tailored, the rights of the individual, as well as the rights of the institution, can be protected. In respecting the principle be- hind \u00a7 702 and the ministerial exception, the courts can halt the \"free exercise of discrimination,,'2 70 and help women break through the stained glass ceiling FULTON* 266. Hamilton, supra note 72, at 1194-95. 267. Employment Div. v. Smith, 494 U.S. 872, 909 (1990). 268. Laura B. Mutterperl, Note, Employment at (God's) Will: The Constitutionality of Antidiscrimination Exemptions in Charitable Choice Legislation, 37 HARV. C.R.-C.L. L. REV. 389, 408 (2002). 269. Petruska v. Gannon Univ., No. 05-1222, 2006 U.S. App 13135, at 2 (3d Cir. May 24, 2006). 270. Id. at 28. * J.D., William & Mary School of Law, 2008; B.A., Vanderbilt University, 2004. The author would like to thank her family for their constant support and especially her father, Steven Fulton, for his contributions to her education and this note. 20071 223"}
7,368	Steven M. Cohen	Hebrew Union College	[ "7368_101.pdf", "7368_102.pdf", "7368_103.pdf", "7368_104.pdf", "7368_105.pdf", "7368_106.pdf", "7368_107.pdf" ]	{"7368_101.pdf": "Jerusalem Post Diaspora Advertisement Hebrew Union College professor resigns amid sexual assault probe Last month, several women accused Steven M. Cohen of sexual misconduct in an article in The New York Jewish Week. By 23, 2018 00:14 Updated 23, 2018 08:03 Sociologist Steven M. Cohen, one of the foremost experts on contemporary Judaism, has resigned from his position as tenured professor at Hebrew Union Steven Cohen 370 (photo credit: Wikimedia Commons) 2/22/25, 5:43 Steven M. Cohen resigns from Hebrew Union College amid investigation - The Jerusalem Post 1/2 College-Jewish Institute of Religion following an internal investigation into allegations of sexual misconduct. Last month, several women accused Cohen of sexual misconduct in an article in The New York Jewish Week launched a Title investigation into the allegations, which came from women who have worked with Cohen or associated professionally with him. In a statement Wednesday announcing his resignation, Hebrew Union College explained that it had \u201creceived several complaints of sexual misconduct by Dr. Cohen and commenced an internal investigation. Dr. Cohen did not dispute some of the conduct alleged.\u201d Top Articles Read More Read More \u25be 2/22/25, 5:43 Steven M. Cohen resigns from Hebrew Union College amid investigation - The Jerusalem Post 2/2", "7368_102.pdf": "Experience sexual harassment or discrimination at new investigative report alleges over five decades of sexual harassment and sex- based discrimination by professors and high-level administrators at the Hebrew Union College\u2013 Jewish Institute of Religion (HUC-JIR), a seminary school for the Reform Jewish movement with campuses in Cincinnati, New York, Los Angeles, and Jerusalem. If you were a woman or student who experienced harm, our sexual harassment attorneys can help you seek justice. Our sexual harassment team is here to discuss your rights and options. All consultations are strictly confidential and free of charge. Investigation: Hebrew Union College-Jewish Institute of Religion \u201callowed sexual harassment against women and Name Hebrew Union College Sexual Harassment and Discrimination Lawsuit Investigation 2/22/25, 5:43 Hebrew Union College Sexual Harassment and Discrimination Lawsuit Investigation 1/3 students to fester\u201d Our Firm's Experience Gibbs Law Group\u2019s award-winning sexual assault attorneys represent survivors across the country. Our team is committed to empowering survivors to regain control, achieve justice and begin to heal. We recently obtained a $73 million settlement in compensation on behalf of former patients of gynecologist Dr. James Heaps. We currently represent survivors in sexual abuse claims against the Boy Scouts of America, and are currently investigating sexual harassment claims against the Washington Football Team. Our attorneys have received numerous honors for their work, including \u201cTop Plaintiff Lawyers in California,\u201d \u201cTop Women Lawyers in California,\u201d \u201cConsumer Protection MVP,\u201d \u201cBest Lawyers in America,\u201d and \u201cCalifornia Lawyer Attorney of the Year report released in November 2021 by law firm Morgan Lewis, commissioned by the board of Hebrew Union College-Jewish Institute of Religion (HUC-JIR), alleges that multiple administrators and professors over all campuses engaged in gender and sexuality-based discrimination, bullying, and abuse of power since the 1970s. In addition, the report said six professors, two of whom also served as seminary presidents, received \u201crepeated and credible allegations\u201d of sexual harassment: Alfred Gottschalk, Sheldon Zimmerman, Michael Cook Stephen Passamaneck, Bonia Sh d St h Thi t th l i ti f fi th i ti ti d i report released in November 2021 by law firm Morgan Lewis, commissioned by the board of Hebrew Union College-Jewish Institute of Religion (HUC-JIR), alleges that multiple administrators and professors over all campuses engaged in gender and sexuality-based discrimination, bullying, and abuse of power since the 1970s. In addition, the report said six professors, two of whom also served as seminary presidents, received \u201crepeated and credible allegations\u201d of sexual harassment: Alfred Gottschalk, Sheldon Zimmerman, Michael Cook Stephen Passamaneck, Bonia Sh d St h Thi t th l i ti f fi th i ti ti d i 2/22/25, 5:43 Hebrew Union College Sexual Harassment and Discrimination Lawsuit Investigation 2/3 Our Sexual Assault and Sexual Discrimination Attorneys 1111 Broadway, Suite 2100 Oakland 94607 Attorney Advertising Careers Privacy Policy \u00a9 Gibbs Law Group 2025 Karen Menzies Amy Zeman Eileen Epstein Carney Amanda Karl Jeff Kosbie 2/22/25, 5:43 Hebrew Union College Sexual Harassment and Discrimination Lawsuit Investigation 3/3", "7368_103.pdf": "Steven M. Cohen, shunned by academy after harassment allegations, makes stealthy comeback \u2014 and provokes uproar By Hannah Dreyfus March 23, 2021 Emily Sigalow, an executive at UJA-Federation of New York, was shocked at the email she received on Jan. 25 inviting her to participate in an \u201coff-the-record\u201d conversation about the \u201ccurrent state\u201d of American Jewish life. The invitation came from an esteemed professor at Brandeis, where Sigalow had received her PhD, and one of the four scholars slated to participate in the conversation was Steven M. Cohen. Cohen, a leading Jewish sociologist, had been forced out of his tenured position at Hebrew Union College in in 2018 amid allegations of sexual assault and harassment that dated back decades. He did not contest the allegations at the time, but expressed remorse and intentions to apologize to his accusers. On Monday, Cohen declined to discuss the recent \u201cconversations,\u201d but said: \u201cIn general have avoided all public appearances.\u201d Sigalow said she declined to participate in the Jan. 25 conversation, one of at least four involving Cohen since the start of the year that have made a number of women in Jewish Studies cringe. \u201cFor me, participating in these conversations did not feel benign \u2014it felt like an act of forgiveness, of normalizing Steven\u2019s voice and presence at the table,\u201d Sigalow said in an interview. The conversation about \u201cif, when and how\u201d Cohen rejoins communal conversations, she added, should be had between \u201chim and those he hurt\u201d and not between \u201cme, Steven alone, or his close friends.\u201d Word of the invitation-only gatherings surfaced on social media last week, prompting outrage among Cohen\u2019s accusers and their supporters, and reviving ongoing debates about the rehabilitation of prominent figures accused of sexual misconduct, racism and other offenses. On Tuesday afternoon, the Association of Jewish Studies Women\u2019s Caucus released a statement condemning the conversations with Cohen, which it described as \u201cre-hashing old ideas about Jewish continuity in an effort to capture philanthropic funding.\u201d \u201cThis attempt to re-center and rehabilitate a disgraced and ostracized scholar has real consequences,\u201d the statement says. \u201cThe Women\u2019s Caucus views these efforts as unacceptable and deeply troubling, because they jeopardize the position of junior and contingent scholars as well as re-victimizing women targeted by Cohen.\u201d Several prominent academics and Jewish community leaders that either helped organize the sessions or attended them said in interviews that the matter should not be subject to public scrutiny. \u201cI\u2019m free to speak with whomever want to speak with in my private time and personal conversations,\u201d said Rabbi Dan Smokler, who runs an innovation program financed by Hillel International, and whose name was included in emails recruiting others to participate in the sessions. Prof. Sylvia Barack Fishman, a department chair at Brandeis University and board member of the Jewish Orthodox Feminist Alliance, is spearheading the gatherings, along with Jack Wertheimer, a history professor at the Jewish Theological Seminary and Steven Bayme, a staff member at the rabbinical seminary Yeshivat Chovevei Torah. In an email interview, Barack Fishman said the events were \u201cpersonal, private conversations\u201d that were not associated with any \u201cinstitution, organization, or other sponsors.\u201d She described herself, Wertheimer, Bayme and Cohen as \u201clongtime friends\u201d who \u201ckeep in touch via Zoom during these times,\u201d adding: \u201cOccasionally, our conversations include others.\u201d But several prominent female academics said the idea that these were private conversations among friends was belied by the fact that the invitations came from university email addresses, and that the power dynamics of the academy made the invitations from established scholars intimidating to many who received them. Sociologist Steven M. Cohen Professor Sylvia Barack Fishman Image by brandeis.edu 2/22/25, 5:44 Steven M. Cohen, shunned by academy after harassment allegations, makes stealthy comeback \u2014 and provokes uproar \u2013 The For\u2026 1/3 Prof. Susannah Heschel, chair of the Jewish Studies program at Dartmouth College, said she had heard concerns from junior colleagues invited to the sessions who said they did not want to \u201cexpose themselves to a predator\u201d \u2014 referring to Cohen \u2014 but were \u201canxious about what it might do to their careers if they did not attend.\u201d \u201cThese are probably among the four best known figures in the field of Jewish studies, with strong connections to Jewish organizations and donors,\u201d Heschel said of Barack Fishman, Bayme, Wertheimer and Cohen. \u201cThem joining together and saying \u2018Come, we just want to have a conversation with you,\u2019 is like the story of the Big Bad Wolf.\u201d Keren McGinity, an interfaith specialist at the United Synagogue of Conservative Judaism and one of several women to accuse Cohen of sexual assault, said that learning of these sessions in recent days has caused her tremendous pain. \u201cIt pours salt on open wounds to learn that scholars and communal leaders are collaborating with him in any capacity,\u201d she wrote in an email interview. \u201cHis cadre\u2019s perverse tactics are antithetical to 21s Century Jewry, whose hallmarks are diversity, inclusion, and treating everyone b\u2019tzelem Elohim (in G-d\u2019s image).\u201d McGinity, a research associate at the Hadassah-Brandeis Institute, said in a 2018 interview with The Jewish Week that Cohen had lured her to a candlelit dinner at an academic conference in 2011, then followed her to her hotel room and forcibly pushed her up against a wall and kissed her neck. Four other women have come forward alleging Cohen harassed them, primarily in the form of intrusive sexual questions and offensive remarks, though there were also allegations of unwanted touching and propositions for sex. Cohen, formerly described by colleagues as \u2018the gatekeeper of Jewish academia,\u201d lost all official titles, roles and affiliations with Jewish and academic institutions after these stories surfaced, but he has neither faced criminal charges nor civil lawsuits in connection with the allegations. The backlash against these exclusive scholarly sessions echoes a similar uproar that erupted last year over the inclusion of work by Cohen and others accused of sexual misconduct in \u201cThe New Jewish Canon,\u201d an anthology co- edited by Yehudah Kurtzer and Claire E. Sufrin. At the time, Kurtzer acknowledged in a Facebook post \u201cthe harm that victims of sexual and other violence experience by the continued appearance of their attackers in public discourse and media.\u201d But, he said in the post, that it\u2019s \u201calso the case that individuals accused of sexual violence may have contributed to the Jewish communal discourse.\u201d Wertheimer, one of the organizers of the sessions, did not respond to a request for comment spokesperson for his employer, the Jewish Theological Seminary, said the institution was \u201cnot familiar with these conversations\u201d and that has not had a formal relationship with Steve Cohen for many years.\u201d Similarly, the vice president for communications at Brandeis said the university \u201cis not involved in any discussions as you have described.\u201d At least one leader who participated in a conversation with Cohen, Rabbi Amichai Lau-Lavie, said in an email Tuesday that he wishes he had not done so realize that my participation could be interpreted as an endorsement of Steven M. Cohen\u2019s harmful behavior,\u201d he said in an email regret my decision to participate and apologize,\u201d\u201d Lau-Lavie, the spiritual leader of Lab/Shul NYC, said he had agreed to participate in one of the off-the-record gatherings \u201cto challenge the problematic assumptions\u201d of their framing, and was \u201cdismayed to learn\u201d that his name was \u201cbeing used to generate further support for their project.\u201d Rabbi Avram Mlotek, who is both Orthodox and progressive, explained his decision to participate in a session last month this way: \u201cSylvia Barack Fishman was my professor at Brandeis and, as a rabbi talk to all different kinds of people, including former white supremacists.\u201d But Melissa Weininger, associate director of Jewish Studies at Rice University and a co-chair of the women\u2019s caucus at the Association for Jewish Studies, said attempts to created a \u201cclosed and secretive network to rehabilitate Cohen is really an attempt to reinscribe the power dynamics that are central to harassment behavior in the first place.\u201d Such action, she said, \u201cre-victimizes his victims and creates a danger for the people in these spaces.\u201d Professor Susannah Heschel Courtesy of Dartmouth College Amichai Lau-Lavie Rabbi Avram Mlotek Image by Twitter 2/22/25, 5:44 Steven M. Cohen, shunned by academy after harassment allegations, makes stealthy comeback \u2014 and provokes uproar \u2013 The For\u2026 2/3 Weininger, like Heschel, said she had heard from younger colleagues who received invitations and felt deeply conflicted. \u201cIt\u2019s hard for junior and contingent faculty to say \u2018no\u2019 to senior scholars who might be reviewing their tenure, or editing a journal they want to contribute to, or reviewing a manuscript they hope to get published,\u201d Weininger noted. \u201cThis creates a very real dilemma for more junior scholars because of how academia works.\u201d Jennifer Thompson, director of Jewish studies at California State University, Northridge, called the conversations an effort at \u201creputation-laundering.\u201d But she said that she has been encouraged by the backlash on social-media as word of the meetings emerged. Watching \u201cJewish feminist academics mobilize quickly and assertively has been amazing to see,\u201d she said. \u201cIt is unpleasant to have to keep doing this work, but if we don\u2019t it will clearly keep on happening.\u201d Rabbi Mira Beth Wasserman, director of the Center for Jewish Ethics at Reconstructionist Rabbinical College, is an ombudsman on the Association for Jewish Studies\u2019 Committee on Sexual Misconduct, which was created in 2018 after allegations against Cohen became public. She said the fact that the conversations were kept small and private, and that many have refused to participate, \u201cshows that a culture change is taking place.\u201d \u201cThe fact that people like this need to seek a platform outside the established structures means we\u2019ve been effective,\u201d Rabbi Wasserman said. The \u201cformal organ of our discipline in Jewish studies has drawn a line,\u201d she added person who objectifies colleagues excludes themselves from academic discourse.\u201d Hannah Dreyfus is a freelance journalist based in New York. Hannah Dreyfus is a Brooklyn-based freelance journalist who covers abuses of power in non-profit, religious and academic settings. Selected as a 2018 Writer of the Year by the New York Press Association, her work has appeared in The New York Times, ProPublica, Mother Jones, Slate, Business Insider, The Daily Beast & Vice. Follow her on Twitter @Hannah_Dreyfus Sponsored \"This smart drama shows how the personal and the political are fused at every step.\" \u2014The New York Times \"The Chef hits the spot worthwhile alternative to \"The Bear\"... but was made first.\" \u2014The New York Times \"From the tension and disputation of life in Israel emerges, perhaps not surprisingly, really good TV.\" \u2014The New York Times \"Never less than entertaining... Kafka is a show worth watching!\" \u2014The New York Times 2/22/25, 5:44 Steven M. Cohen, shunned by academy after harassment allegations, makes stealthy comeback \u2014 and provokes uproar \u2013 The For\u2026 3/3", "7368_104.pdf": "Steven Cohen resigns from Hebrew Union College following sexual misconduct investigation The university said it had \u201creceived several complaints of sexual misconduct by Dr. Cohen.\" Steven M. Cohen is research professor of Jewish social policy at Hebrew Union College-Jewish Institute of Religion and director of the Berman Jewish Policy Archive at Stanford University. (Forward 22, 2018 10:04 (JTA) \u2014 Sociologist Steven M. Cohen, one of the foremost experts on contemporary Judaism, has resigned from his position as tenured professor at Hebrew Union College-Jewish Institute of Religion following an internal investigation into allegations of 2/22/25, 5:44 Steven Cohen resigns from Hebrew Union College following sexual misconduct investigation - Jewish Telegraphic Agency 1/8 sexual misconduct. Last month, several women accused Cohen of sexual misconduct in an article in The New York Jewish Week launched a Title investigation into the allegations, which came from women who have worked with Cohen or associated professionally with him. In a statement Wednesday announcing his resignation, Hebrew Union College explained that it had \u201creceived several complaints of sexual misconduct by Dr. Cohen and commenced an internal investigation. Dr. Cohen did not dispute some of the conduct alleged said it would not comment on specific allegations. Earlier, Cohen resigned from his position as director of the Berman Jewish Policy Archive, a research database at Stanford University. At about the same time, he was removed from his position as a board member of New Voices, a magazine for Jewish college students. The claims of inappropriate behavior against Cohen, a research professor of Jewish social policy, span decades. They include inappropriate touching and grabbing, sexual propositions and advances, and inappropriate sexual remarks. Cohen did not deny the allegations and apologized for them in a statement to The Jewish Week in July. Through countless papers, opinion pieces, speeches and books, Cohen\u2019s research and interpretations have shaped how the organized Jewish community views itself and sets its priorities. Cohen directed numerous community and Jewish population surveys, including the 2011 Jewish Community Study of New York, and was a consultant to the influential 2013 Pew study of American Jews has documented Jewish history in real-time for over a century. Keep our journalism strong by joining us in supporting independent, award-winning reporting By submitting the above agree to the Privacy policy of JTA.org Enter your email address to get the latest headlines in your inbox. Email Address 2/22/25, 5:44 Steven Cohen resigns from Hebrew Union College following sexual misconduct investigation - Jewish Telegraphic Agency 2/8 California school district halts ethnic studies courses following lawsuit over alleged antisemitism 21, 2025 11:15 2/22/25, 5:44 Steven Cohen resigns from Hebrew Union College following sexual misconduct investigation - Jewish Telegraphic Agency 3/8 The \u2018essential conference\u2019 for Jewish professionals: This year\u2019s Jewish Digital Summit tackles AI, brand building and more 20, 2025 3:40 2/22/25, 5:44 Steven Cohen resigns from Hebrew Union College following sexual misconduct investigation - Jewish Telegraphic Agency 4/8 Eric Adams stands by comparing calls for his resignation to \u2018Mein Kampf 19, 2025 11:37 2/22/25, 5:44 Steven Cohen resigns from Hebrew Union College following sexual misconduct investigation - Jewish Telegraphic Agency 5/8 Washington University in St. Louis has quietly opened its doors to Jewish students leaving uncomfortable campuses 19, 2025 4:55 2 yeshivas are not meeting standards and must effectively close, state rules 19, 2025 11:18 2/22/25, 5:44 Steven Cohen resigns from Hebrew Union College following sexual misconduct investigation - Jewish Telegraphic Agency 6/8 Brawls break out surrounding pro-Palestinian protest in heavily Jewish neighborhood of Borough Park 19, 2025 9:38 Get in your inbox Your Email By submitting the above agree to the privacy policy and terms of use of JTA.org 2/22/25, 5:44 Steven Cohen resigns from Hebrew Union College following sexual misconduct investigation - Jewish Telegraphic Agency 7/8 About Us Syndication Contact Newsletters Advertise Donate Get in your inbox Your Email Sign Up \u00a9 2025 RESERVED. 2/22/25, 5:44 Steven Cohen resigns from Hebrew Union College following sexual misconduct investigation - Jewish Telegraphic Agency 8/8", "7368_105.pdf": "Sociologist Steven M. Cohen, one of the foremost experts on contemporary Judaism, has resigned from his position as tenured professor at Hebrew Union College-Jewish Institute of Religion following an internal investigation into allegations of sexual misconduct. Last month, several women accused Cohen of sexual misconduct in an article in The New York Jewish Week launched a Title investigation into the allegations, which came from women who have worked with Cohen or associated professionally with him. In a statement Wednesday announcing his resignation, Hebrew Union College explained that it had \u201creceived several complaints of sexual misconduct by Dr. Cohen and commenced an internal investigation. Dr. Cohen did not dispute some of the conduct alleged.\u201d Sociologist resigns from Hebrew Union College following sexual misconduct probe Steven M. Cohen\u2019s decision to step down from seminary comes after he left or was removed from other positions over allegations By 22 August 2018, 6:57 pm Steven M. Cohen served as research professor of Jewish social policy at Hebrew Union College-Jewish Institute of Religion and director of the Berman Jewish Policy Archive at Stanford University. (Forward via JTA) 2/22/25, 5:44 Sociologist resigns from Hebrew Union College following sexual misconduct probe \| The Times of Israel 1/3 said it would not comment on specific allegations. Earlier, Cohen resigned from his position as director of the Berman Jewish Policy Archive, a research database at Stanford University. At about the same time, he was removed from his position as a board member of New Voices, a magazine for Jewish college students. The claims of inappropriate behavior against Cohen, a research professor of Jewish social policy, span decades. They include inappropriate touching and grabbing, sexual propositions and advances, and inappropriate sexual remarks. Cohen did not deny the allegations and apologized for them in a statement to The Jewish Week in July. Through countless papers, opinion pieces, speeches and books, Cohen\u2019s research and interpretations have shaped how the organized Jewish community views itself and sets its priorities. Cohen directed numerous community and Jewish population surveys, including the 2011 Jewish Community Study of New York, and was a consultant to the influential 2013 Pew study of American Jews. 00:00 / 30:07 2/22/25, 5:44 Sociologist resigns from Hebrew Union College following sexual misconduct probe \| The Times of Israel 2/3 2/22/25, 5:44 Sociologist resigns from Hebrew Union College following sexual misconduct probe \| The Times of Israel 3/3", "7368_106.pdf": "Steven M. Cohen Resigns Following Sexual Misconduct Allegations By Alyssa Fisher August 22, 2018 One of America\u2019s leading Jewish sociologists has resigned from a Reform Jewish seminary amid sexual misconduct allegations. The Hebrew Union College-Jewish Institute of Religion announced Wednesday that professor Steven M. Cohen had resigned. The college had opened a Title investigation against Cohen after several women accused him of sexual misconduct. The allegations span decades and come from women who have worked with Cohen or associated professionally with him, as detailed an investigative article by The New York Jewish Week. They include inappropriate touching and grabbing, sexual propositions and advances, and inappropriate sexual remarks. Five women in the article said Cohen sexually harassed them, while three others accused him of other kinds of sexual misconduct. He didn\u2019t dispute some of the alleged conduct. Cohen is also the director of the Berman Jewish Policy Archive, an electronic database based at Stanford University. Alyssa Fisher is a news writer at the Forward. Email her at [email protected], or follow her on Twitter at @alyssalfisher Sponsored \"This smart drama shows how the personal and the political are fused at every step.\" \u2014The New York Times \"The Chef hits the spot worthwhile alternative to \"The Bear\"... but was made first.\" \u2014The New York Times \"From the tension and disputation of life in Israel emerges, perhaps not surprisingly, really good TV.\" \u2014The New York Times \"Never less than entertaining... Kafka is a show worth watching!\" \u2014The New York Times 2/22/25, 5:44 Steven M. Cohen Resigns Over Sexual Misconduct 1/1", "7368_107.pdf": "\u2014 More than 500 rabbis and cantors signed a letter Thursday condemning attempts to \u201crehabilitate\u201d Steven M. Cohen, a leading Jewish sociologist who was accused by multiple women of sexual harassment and inappropriate touching in a 2018 article in The New York Jewish Week. The letter follows a report by the Forward that Cohen and three other longtime colleagues have been inviting Jewish leaders to off-the-record Zoom discussions about contemporary issues in Jewish life \u2014 an effort some see as an attempt to bring Cohen, a leader in the field of Jewish demography for decades, back into the fold after Jewish institutions cut ties with him in the wake of the accusations. \u201cWe have become aware that conversations have been convened across the field of Jewish organizational life and sociology with Steven Cohen \u2014 who is an admitted and unrepentant* perpetrator of sexual abuse \u2014 and his associates. As Jewish clergy, we know that actively participating in the rehabilitation of unrepentant abusers is not value neutral, and we know that lifting up the work of unrepentant abusers is not value neutral,\u201d the clergy wrote. The asterisked note reads: \u201cUntil Cohen confesses, offers amends and apologizes to those he harmed, and does work towards transformation, he is considered unrepentant in the eyes of Jewish law and tradition.\u201d The participation of a number of Jewish leaders in the discussions with Cohen and his colleagues has raised questions about how someone accused of inappropriate behavior or misconduct can return to public life. While Cohen 500 Jewish clergy pan comeback attempt of academic accused of sexual misconduct Letter follows report sociologist Steven Cohen invited Jewish leaders to discussions on contemporary issues, which some saw as an effort to bring him back into the fold By 26 March 2021, 8:18 am Steven M. Cohen served as research professor of Jewish social policy at Hebrew Union College-Jewish Institute of Religion and director of the Berman Jewish Policy Archive at Stanford University. (Forward via JTA) 2/22/25, 5:44 500 Jewish clergy pan comeback attempt of academic accused of sexual misconduct \| The Times of Israel 1/3 McDonald\u2019s employee holds a sign during a protest against sexual harassment in the workplace on September 18, 2018 in Chicago, Illinois. (Joshua Lott via JTA) acknowledged to The Jewish Week in 2018 that his behavior had followed \u201ca pattern\u201d and said he was \u201cdeeply apologetic to the women whom have hurt by my words or my actions,\u201d the rabbis said Cohen had not sufficiently made amends to his victims to earn the community\u2019s acceptance. Before the accusations against Cohen were made public, he served as a professor at Hebrew Union College-Jewish Institute of Religion and directed the Berman Jewish Policy Archive. He also authored a number of influential studies on Jewish demography and consulted on projects like the Pew Research Center\u2019s study of American Jews. Cohen, along with Sylvia Barack Fishman, a former professor of Jewish studies at Brandeis University; Steve Bayme, the former director of the American Jewish Committee\u2019s director of contemporary Jewish life; and Jack Wertheimer, a professor at the Jewish Theological Seminary, had invited small groups of scholars and Jewish communal leaders to the off-the-record Zoom discussions about contemporary Jewish issues. The clergy letter, which condemned the meetings, was organized by Rabbi Danya Ruttenberg, scholar-in-residence at the National Council of Jewish Women, and Karen Reiss Medwed, an assistant dean at Northeastern University\u2019s graduate school of education, who first sent it to colleagues to sign on Wednesday night. Among the signatories are major Jewish communal leaders, including Rabbi Rick Jacobs, president of the Union for Reform Judaism; Rabbi Jacob Blumenthal of the United Synagogue of Conservative Judaism and the Rabbinical Assembly; and Rabbi Deborah Waxman, president of the Reconstructionist Rabbinical College separate letter signed by more than 100 rabbinical and cantorial students on Thursday echoed the clergy letter. \u201cMeeting with unrepentant abusers not only impedes the teshuva process, which takes time and space, it also sends a message about our community\u2019s values and shapes its trajectory,\u201d the students wrote. \u201cThose who participate in these closed-door conversations choose intellectual exploration over supporting survivors of sexual misconduct and other marginalized groups.\u201d That letter was organized by Talia Kaplan, Lilli Shvartsmann and Jessica Dell\u2019Era, students at the Jewish Theological Seminary, as well as Avigayil Halpern of Hadar and Leah Nussbaum of Hebrew Union College. In another statement earlier this week, the women\u2019s caucus of the Association of Jewish Studies said it was \u201cdisappointed\u201d by the meetings held by Cohen and his colleagues. \u201cThis attempt to re-center and rehabilitate a disgraced and ostracized scholar has real consequences,\u201d the group wrote. \u201cThe Women\u2019s Caucus views these efforts as unacceptable and deeply troubling, because they jeopardize the position of junior and contingent scholars as well as re-victimizing women targeted by Cohen.\u201d 2/22/25, 5:44 500 Jewish clergy pan comeback attempt of academic accused of sexual misconduct \| The Times of Israel 2/3 2/22/25, 5:44 500 Jewish clergy pan comeback attempt of academic accused of sexual misconduct \| The Times of Israel 3/3"}
7,724	Marco Pacioni	University of Georgia	[ "7724_101.pdf" ]	{"7724_101.pdf": "documents/article_91da6552-35b0-5546-9a42-b0961f4bc009.html Two-year anniversary of harassment cases brings on investigation (w/documents) Carolyn Crist Mar 23, 2010 Sexual harassment is on the minds and lips of the University community once again. Two years after The Red & Black revealed several ongoing cases of professors sexually harassing students on campus, a University Council committee is calling for an independent evaluation of how allegations are now being addressed. 2/22/25, 5:45 Two-year anniversary of harassment cases brings on investigation (w/documents) \| News \| redandblack.com 1/7 The Student Affairs Committee proposed the creation of a new panel \u2014 composed of one faculty, one staff, one undergraduate student, one graduate student and two outside professionals who have dealt with such cases \u2014 to evaluate how allegations were handled by the ombudspersons and Equal Opportunity Office since October 2008. \u201cRemember the campus was rocked by a series of sexual harassment allegations two years ago,\u201d Susan Thomas, Student Affairs Committee chair, said to the executive committee when presenting the proposal on March 4. \u201cWe want this committee to look at the new procedures, do an independent evaluation and make sure concerns are being addressed.\u201d The proposal passed the executive committee on March 4 and the University Council on March 18. Questions still remain, however, about how the committee will operate, how it will collect data and how the two outside members will be contacted to be a part of the group cases since 2008 After several cases of sexual harassment came to light during the 2008 spring semester, University president Michael Adams announced the creation of an ombudspersons office and a change in how harassment cases are addressed at the University. Since October 2008, eight University employees were found in violation of the Non-Discrimination and Anti- Harassment policy, according to documents obtained by The Red & Black. All employees were addressed with similar form letters and asked to acknowledge receipt of the letter by signing and returning a copy to the EOO. Harassment documents In one case, professor Marco Pacioni of the Cortona Program was accused of sexual harassment by a student. \u201cYour conduct involving the Complainant when viewed in its entirety was very inappropriate and reflected extremely poor judgment. Behavior of this kind is antithetical to the collegial and professional learning environment that expects for all members of the community,\u201d wrote Steve Shi, director of the EOO. \u201cFurthermore, it is the clear policy and expectation that incidents like this of sexual harassment, especially where, as here, it involves a member of the faculty and a student, are considered very serious violations of the Policy, warranting commensurate sanctions or other corrective measures.\u201d 2/22/25, 5:45 Two-year anniversary of harassment cases brings on investigation (w/documents) \| News \| redandblack.com 2/7 Pacioni was suspended for three days without pay, had to obtain sexual harassment training within three months, refrain from further contact with the student and refrain from similar harassment contact with any other member of the University community. In a second case, Philipus Pangloli, a professor in the Department of Food Science and Technology, was found in violation after making sexual and racial comments toward one of his student laboratory assistants. His sanctions were similar to Pacioni\u2019s but included a five-day suspension without pay. In another case employee Jeff Massey was found in violation for harassing a co-worker. Massey also received a five-day suspension without pay. In yet another case, Food Services worker James Nichols was suspended for five days without pay after harassing two female co-workers. \u201cThe type of conduct that was determined to have violated the Policy in these two cases will not be tolerated. Such conduct includes actions that you apparently regard as flirtatious or otherwise acceptable such as communications (both verbal and non-verbal) that have \u2018double meanings\u2019 or otherwise can be interpreted as sexual, whether directly or indirectly,\u201d Shi wrote with underlined font as an additional paragraph not seen in any of the other form letters. \u201cYou are hereby directed to limit your communications while working at UGA, especially when involving female employees or other members of the community, to those required for your duties.\u201d In the fifth case, six building service workers were entangled in one situation involving \u201cdiscriminating comments relating to race,\u201d and Shi recommended that some of them should be fired after falsely accusing fellow employees of harassment and using the policy as retaliation. One worker was accused of expressing \u201cher dislike for African-Americans to several of her co-workers on several occasions,\u201d and Shi imposed a \u201csanction of a formal caution that Respondent should exercise care and good judgment in all future interactions with her co-workers.\u201d He indicated that further \u201cdisruptive behavior\u201d could involve more disciplinary action and even termination of employment. Shi later found she encouraged other employees to falsely accuse a co-worker of violating the policy. For one employee, Shi wrote, \u201cDue primarily to her wrongful and premeditated actions and those of her co- conspirators, a substantial injustice occurred that seriously impacted [the co-worker] and also wasted a significant amount of resources.\u201d 2/22/25, 5:45 Two-year anniversary of harassment cases brings on investigation (w/documents) \| News \| redandblack.com 3/7 He recommended termination of employment, but suspended her firing for one year if she fulfilled certain guidelines, which included a suspension without pay for five days, an apology to the co-worker and an effort to improve \u201cher ability to speak and write English\u201d within the next year. Shi recommended another worker \u201cshould be terminated from her employment at as soon as possible.\u201d Steven Marcotte, custodial services superintendent for residence halls, declined to comment about whether the employees were fired or how he followed the recommendations to punish the six employees follow the mandates of the University as an employee,\u201d he said. \u201cIt sounds simplistic, but I\u2019m mandated to pass the recommendations along. But don\u2019t prefer to talk about personnel issues or the details.\u201d Ombudspersons keep no records The new evaluation committee will first look at the ombudspersons office and how it handles complaints. The office was created with three ombudspersons \u2014 one for staff, one for faculty and one for students \u2014 who act as a neutral party between the University and complainants and direct them where to go to formally resolve concerns. Shay Little, ombudsperson for students and a director of administrative operations for Housing, said most students call or e-mail her, but a few come to her office with concerns. \u201cFirst off explain who am, what do and what my role is,\u201d she said don\u2019t want any confused expectations listen long enough to get them to the next step. It\u2019s not my role to take formal University action, and don\u2019t want them to feel like they have to share their whole story with me and then tell someone else, too.\u201d If Little recognizes issues may involve the policy, she immediately refers the student to EOO, which investigates the allegation and finds a resolution facilitate the process to get them to the next step try to follow up and touch base and make sure they got where they need to go,\u201d she said. \u201cSometimes hear back.\u201d Once Little addresses the case at hand, she destroys her notes and doesn\u2019t keep any in her office. Anne Dupre, ombudsperson for faculty, and Kathryn Chetney, ombudsperson for staff, both declined to comment about their job responsibilities for this article. 2/22/25, 5:45 Two-year anniversary of harassment cases brings on investigation (w/documents) \| News \| redandblack.com 4/7 Only two documents have been sent from the ombudspersons office to \u2014 one in which a student complained about a professor\u2019s teaching style and another in which a staff member complained about how a job was posted by Human Resources don\u2019t have any legal protection, and want to keep what they tell me confident,\u201d Little said. \u201cThere aren\u2019t any records detailing any situation so can protect that confidentiality. But if know of an violation have to report it.\u201d When Little first started the ombudsperson process, she thought the largest number of complaints would be related to the policy but has addressed few cases. \u201cI\u2019ve experienced a broad range of questions,\u201d she said. \u201cMany students are unhappy with the bureaucratic processes \u2014 advising, the judicial process, the academic honesty policy.\u201d The ombudspersons produced a report in September that tallied what types of cases they had seen during the past year but didn\u2019t give any details. According to the ombudspersons report, 13 students made complaints, including five concerning academic issues and three involving the conduct of faculty or staff. The report stated there were 57 reports made by faculty and staff, with 34 as workplace/employment-related issues. Fifteen staff complaints cited faculty/staff conduct. \u201cThe idea of the report is to present trends that would warrant University attention,\u201d Shi said. \u201cWe don\u2019t identify cases there because confidentiality is a big part of the ombudsperson program. We have to be able to assure people they can come forward, so the ombuds may not keep names and destroy paperwork after there\u2019s a resolution.\u201d In October, the President\u2019s Office will formally review the first two years of the ombudspersons program to determine any changes that should be made. Adams hasn\u2019t indicated what he will look for during his evaluation, but Shi told the University Council on March 18 that plans are in place to review the entire policy, not just for sexual harassment. \u201cMost things that go to the ombudspersons don\u2019t involve discrimination but more a frustration with the system generically,\u201d Shi said. \u201cThere\u2019s a bureaucracy, and this office tries to humanize and provide a person rather than a Web site to direct them to resources \u2026 especially for students who at first don\u2019t know where to go.\u201d 2/22/25, 5:45 Two-year anniversary of harassment cases brings on investigation (w/documents) \| News \| redandblack.com 5/7 Shi said he would recommend for the ombudspersons office to be continued, but doesn\u2019t know what changes may occur. \u201cIt\u2019s not my call, but at some point President Adams may decide to consolidate the office or do something different,\u201d he said. \u201cThere are lots of different ways these programs are done, and think that will be part of the ongoing process.\u201d Shi also would make \u201cappropriate recommendations\u201d to further publicize the office. \u201cFor students, we refer to it in orientation, but publicity is budget-driven and very much an issue,\u201d he said. \u201cIf not, we\u2019d have billboards all over Athens. Also, students are so bombarded with information, it\u2019s hard to know exactly how \u2014 Web or otherwise \u2014 to get the word out.\u201d Moving forward Now that the University Council approved the proposal, the executive committee will appoint and create the sexual harassment review group this summer. Thomas said she hopes the group will begin evaluation in fall and produce results by spring. Although many questions remain, members of the executive committee were eager to pitch in ideas. \u201cYou can create a Web site and ask the community how the ombuds are helping them,\u201d said Irwin Bernstein, a psychology professor and executive committee member. \u201cGive an open period for comment.\u201d Adrian Childs, executive committee chair who will likely help create the group, reminded everyone they should seek external advice as well. \u201cMake sure to get outside eyes,\u201d he said. \u201cOmbudsperson programs at some campuses are very independently powerful and helpful for advice.\u201d The executive committee plans to stick as close to the ideas of the Student Affairs Committee as possible, which originated from a few student complaints. \u201c[Thomas] received a couple of different complaints about the problems throughout the past few years,\u201d said Troy Smith, Graduate Student Association representative for the committee. \u201cWe don\u2019t necessarily believe there is a problem by any means, but want to make sure it\u2019s working efficiently and effectively.\u201d 2/22/25, 5:45 Two-year anniversary of harassment cases brings on investigation (w/documents) \| News \| redandblack.com 6/7 The committee found it important to do a policy review from the University Council perspective. \u201cWe didn\u2019t decide a lot of details but wanted a group that wasn\u2019t all internal staff and faculty. We like the idea of including professionals to make sure the assessment is objective and comprehensive,\u201d Smith said. \u201cAfter what happened two years ago, we want to make sure that it doesn\u2019t have the ability to happen again reports for 2008-09 Mar 23, 2010 Ombudspersons Reports Mar 23, 2010 Ombudspersons reports to Mar 23, 2010 2/22/25, 5:45 Two-year anniversary of harassment cases brings on investigation (w/documents) \| News \| redandblack.com 7/7"}
7,598	Tarun Bhardwaj	Texas A&M University	[ "7598_101.pdf", "7598_102.pdf", "7598_103.pdf" ]	{"7598_101.pdf": "Advertisement Sat , 22 Feb 2025e-Paper Age on Sunday Home \u00bb World US: Charged with stalking student, Indian nuclear scientist to be deported World Correspondent 17 May 2017 11:44 The year with the highest number of Pakistani deportees is 2014 with 73,064 deportees, whereas 2010 has the smallest number at 46,032. (Photo: Representational Image) Indian consular officials in Houston said that he would be deported to India after court proceedings. Listen Meerut: An Indian nuclear scientist has been detained in Texas, United States, for repeatedly stalking and harassing a girl student. He was also charged with obstructing a police officer\u2019s duty. According to a report, the scientist, 38-year-old Tarun Bhardwaj has been detained since December 29, 2016, but has claimed that he was not wrong in pursuing the girl from University, Texas, as he liked her. Also Read - Yunus Sworn In as Head of Bangladesh's Interim Government Amid Political Upheaval \uf349 2/22/25, 5:45 US: Charged with stalking student, Indian nuclear scientist to be deported \| US: Charged with stalking student, Indian nuclear scientist to be deported 1/5 What are your thoughts on the content presented in the article? Log in \u2122 It's informative and well-researched It's thought-provoking and insightful It's engaging and well-written It's entertaining and enjoyable to read Advertisement You may also like Rihanna Finds a Buyer for $25 Million Los Angeles Penthouse (Mansion Global) Indian consular officials in Houston said that Bhardwaj has been accused of similar charges previously and that he would be deported to India after court proceedings were complete. Bhardwaj came to the in 2007, after his PhD from Bhabha Atomic Research Centre. Bhardwaj was arrested several times between January and August 2015, while working as an assistant researcher at the university in College Station, Texas. Also Read - Yunus govt to take oath today, appeals for peace He even allegedly violated surety bonds signed by him, which were meant to deter him from harassing the girl. Moreover, he also illegally removed a monitoring ankle band that he was directed to wear. Bhardwaj\u2019s family in Bulandshahr, UP, has alleged that he is a victim of \u2018a racially-motivated conspiracy\u2019. They also believe he has been framed by his peers who are jealous of his success and have written to the PMO, the ministry of external affairs and other arms of the government, requesting them to bring him back home after clearing all the charges. Also Read Urges Centre to Ensure Safety of Minorities in Bangladesh His elder brother, Prasoon Bhardwaj said, \u201cTarun exposed corruption and racial discrimination there. He was then charged with sexual harassment and sacked in September 2015. He went to court and had been facing pressure to withdraw the case. When he didn't agree, he was arrested.\u201d However, government officials say this was the fifth time that he was detained \u201cand every time he has been booked for harassing the same female student, which is a serious charge.\u201d They also claimed that there are hundreds of Indian students and researchers at University but there have been no reports of racial discrimination. tarun k bhardwaj harassment scientist a&m university About the Author Correspondent What is your reaction? Powered by Vuukle Happy Unmoved Amused Excited Angry Sad 0% 0% 0% 0% 0% 0% Advertisement 2/22/25, 5:45 US: Charged with stalking student, Indian nuclear scientist to be deported \| US: Charged with stalking student, Indian nuclear scientist to be deported 2/5 You may also like Muthaiga is Nairobi\u2019s Most-Affluent Neighborhood, Offering Privacy and Lush Landscapes (Mansion Global) Comments Sign in Be the first to comment Arab Leaders To Meet In Saudi Arabia To Counter Trump Gaza Plan 100 Already Used More Than Its Share, Telangana Tells Modi Calls For Leaders With Vision Trump Fires Chairman Of Joint Chiefs Of Staff 100% Trump Vows To Impose Reciprocal Tariff On India, China 100% Shivraj Singh Chouhan Criticises Air India Over Broken Seat On Flight 100% Show more articles Add Vuukle Privacy Write a comment 2 1 1 1 1 1 Advertisement You may also like Hollywood Stylist Offers a Guide to Hot Spots in Her Hometown Toronto (Mansion Global) Advertisement Similar Posts 2/22/25, 5:45 US: Charged with stalking student, Indian nuclear scientist to be deported \| US: Charged with stalking student, Indian nuclear scientist to be deported 3/5 Yunus Sworn In as Head of Bangladesh's Interim Government Amid... New Delhi: Nobel laureate Muhammad Yunus on Thursday took oath as head of an interim government in Bangladesh. Mr Yunus,... 8 Aug 2024 12:51 Yunus govt to take oath today, appeals for peace New Delhi/Dhaka: Nobel laureate Muhammad Yunus-led interim government in Bangladesh will take the oath on Thursday, Army... 7 Aug 2024 1:53 Urges Centre to Ensure Safety of Minorities in Bangladesh New Delhi: Urging the Indian government to take every possible step to ensure the safety of Hindus and other minorities... 6 Aug 2024 3:39 2/22/25, 5:45 US: Charged with stalking student, Indian nuclear scientist to be deported \| US: Charged with stalking student, Indian nuclear scientist to be deported 4/5 Sheikh Hasina's Farewell Letter Revealed Amidst Political Crisis New Delhi: \u201cChole Jachchi amaar babar shadhin desh chhere. Abar phirbo, Inshallah am leaving the country liberated... 6 Aug 2024 3:31 Home Deccan Chronicle Andhrabhoomi Financial Chronicle Books Sports World Metros Technology Delhi Age Mumbai Age Decaf About us Life Terms and Condition E-Paper Feedback Privacy Policy Contact Us \uf20c \uf544 Copyright \u00a9 2016 - 2024 The Asian Age Powered By Hocalwire 2/22/25, 5:45 US: Charged with stalking student, Indian nuclear scientist to be deported \| US: Charged with stalking student, Indian nuclear scientist to be deported 5/5", "7598_102.pdf": "Indian nuclear scientist in jail for stalking Texas university student 8:51 \| May 18, 2017 International Web Monitoring Desk \uf107 \uf002 Saturday, February 22, 2025 News Paper Channel \uf107 Magazines \uf232 Get Alerts 2/22/25, 5:46 Indian nuclear scientist in jail for stalking Texas university student 1/12 MEERUT: An Indian nuclear scientist has been lodged in a detention centre in Texas, United States, since December 2016 on serious charges of harassing and stalking a female student and preventing a police officer from carrying out his duty, reported TOI. The scientist, Tarun Bhardwaj, 38, himself didn't see anything wrong in his actions and told that he \"liked\" the girl, a student at University, Texas am a victim of racial discrimination and have been framed for highlighting high level corruption. Charges of harassment of a female student is not such a big deal in my case as liked her.\" Indian consular officials in Houston told that the man has been accused of similar acts in the past and after court proceedings would be deported to India. Bhardwaj's family back home in Bulandshahr, meanwhile, has alleged that he is \"merely the victim of a racially-motivated conspiracy\". After a PhD from Bhabha Atomic Research Centre, Bhardwaj left for the in 2007 as a researcher. He then specialized in \"chemical characterization of special nuclear materials, separation of fission products from spent nuclear fuel and high-level nuclear waste,\" according to the website of Texas University where he last worked. His profile has now been removed from the website. While working as assistant research scientist at the university in College Station, Texas, Bhardwaj was arrested several times between January and August 2015. According to documents accessed by of the court at Brazos County, under which the university falls, the researcher was accused of harassing a girl student, for which he had to sign surety bonds, which he allegedly violated several times. Later he was even directed to wear a ankle monitoring device which he allegedly removed illegally. Since December 29, 2016, he has been lodged at Brazos County Detention Centre. The scientist's family in Shikarpur town of Bulandshahr has alleged that he is a victim of \"high-level corruption and racial discrimination\". Prasoon Bhardwaj, his elder brother, associated with the basic education department in Bulandshahr, said, \"Tarun exposed corruption and racial discrimination there. He was then charged with sexual harassment and sacked in September 2015. He went to court and had been facing pressure to withdraw the case. When he didn't agree, he was arrested.\" Bhardwaj's family also believes the charges against him stem from jealousy \uf232 Get Alerts 2/22/25, 5:46 Indian nuclear scientist in jail for stalking Texas university student 2/12 among his peers. \"He has been persecuted because of his meteoric rise in his field. He has been framed by his contemporaries,\" said Tarun's father, Ram Kishan Bhardwaj. The family has since written to the PMO, the ministry of external affairs and other arms of the government seeking assistance in \"clearing\" Bhardwaj of the charges and bringing him home. Government officials told that there was very little to indicate the scientist's innocence senior official in the Consulate General of India's Houston, Texas office, said the current detention of Bhardwaj was the fifth in a row \"and every time he has been booked for harassing the same female student, which is a serious charge\". He added: \"There are hundreds of students and researchers from India at University but not a single incident of racial discrimination has been reported. Besides, our thorough investigation has revealed that even Indians at the university prefer to stay away from him because of his behavior. Once the court proceedings are over, he will be deported to India University officials did not reply to mails sent to them by for their comment on the story. Cancer death rates 60% higher in deprived areas, study finds Tags: indian nuclear scientist us jail stalking texas university student \uf232 Get Alerts 2/22/25, 5:46 Indian nuclear scientist in jail for stalking Texas university student 3/12 Web Monitoring Desk \uf230 \ue61b \uf0e1 \uf16d \uf0ac Gaza war must not be reignited and ceasefire must be effectively ... 3:52 21, 2025 Canada can keep Canada\u2019 anthem as 51st state: Trump 10:23 21, 2025 \u2018He's trying to become an emperor of the world\u2019: Brazil's Lula on ... 9:00 21, 2025 Netanyahu vows retaliation against Gaza after Hamas returns bodies of ... 8:57 21, 2025 Arab leaders meet to counter Trump\u2019s Gaza plan 21, 2025 Iran executed 975 people in \u2018horrifying\u2019 2024 escalation 21, 2025 International \uf232 Get Alerts 2/22/25, 5:46 Indian nuclear scientist in jail for stalking Texas university student 4/12 Why military courts not nullified in plea against 21st amend, asks 20, 2025 accorded warm welcome in 20, 2025 files corruption references against Malik Riaz, Parvez Elahi 20, 2025 Pakistan push for Gaza ceasefire, 2-state solution 20, 2025 Nawaz\u2019s brother, daughter holding the fort today: Maryam 19, 2025 Full court sans new judges should hear pleas against 26th amendment 18, 2025 Top Stories Latest \uf0daCancer death rates 60% higher in deprived areas, study finds 10:36 21, 2025 \uf232 Get Alerts 2/22/25, 5:46 Indian nuclear scientist in jail for stalking Texas university student 5/12 Editor's Picks Shab-e-Barat will be observed tonight \uf1e0 \uf39e \ue61b \uf0e1 01 Al-Qadir Trust case: Everything you should know \uf1e0 \uf39e \ue61b \uf0e1 02 The Nation mourns the loss of senior journalist Emanuel Sarfraz \uf1e0 \uf39e \ue61b \uf0e1 03 to launch indigenous EO-1 satellite on Jan 17 \uf1e0 \uf39e \ue61b \uf0e1 04 Malala calls for urgent action on girls\u2019 education crisis \uf1e0 \uf39e \ue61b \uf0e1 05 Columns Embassy issues updated Visa application guidelines 10:12 21, 2025 \uf0daGovt announces sugar price for Ramazan 10:07 21, 2025 \uf0daRickelton\u2019s century, clinical bowling help Proteas power past Afghanistan 9:54 21, 2025 \uf0daKarachi woman arrested for husband\u2019s murder with online accomplice 8:39 21, 2025 Cold Peace or Appeasement \uf232 Get Alerts 2/22/25, 5:46 Indian nuclear scientist in jail for stalking Texas university student 6/12 ePaper 21, 2025 Storm is Brewing 21, 2025 Aim High and Far 21, 2025 Let Girls Learn 20, 2025 Human Cost of Climate Change 20, 2025 \uf232 Get Alerts 2/22/25, 5:46 Indian nuclear scientist in jail for stalking Texas university student 7/12 Blogs \uf1e0 \uf39e \ue61b \uf0e1 \uf1e0 \uf39e \ue61b \uf0e1 \uf1e0 \uf39e \ue61b \uf0e1 How is forging a stronger China 19, 2025 MENACASA: Geopolitical risk analysis of 12, 2025 Fashion at the cost of the planet 31, 2025 \uf232 Get Alerts 2/22/25, 5:46 Indian nuclear scientist in jail for stalking Texas university student 8/12 Cartoons Editorials \uf1e0 \uf39e \ue61b \uf0e1 \uf1e0 \uf39e \ue61b \uf0e1 Responding to emotional pain guide to 27, 2025 How Punjab's leadership is transforming 24, 2025 Cartoon 21, 2025 \uf232 Get Alerts 2/22/25, 5:46 Indian nuclear scientist in jail for stalking Texas university student 9/12 Letters ePaper - 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Times of India 1/8 18, 2017 Indian nuclear scientist in jail for stalking female student Sandeep Rai (Https://Timesofindia.Indiatimes.Com/Toireporter/Author- Sandeep-Rai-479159034.Cms / May 18, 2017, 13:01 (/articleshowprint/58722215.cms (HTTPS://NEWS.GOOGLE.COM/PUBLICATIONS/CAAQBWGKMM6Y_QOWWU70AG) Trending Stories In Entire Website An Indian nuclear scientist has been lodged in a detention centre in Texas, United States, since December 2016 on serious charges of harassing and stalking a female student and preventing a police officer from carrying out his MEERUT: An Indian nuclear scientist has been lodged in a detention centre in Texas, United States, since December 2016 on serious charges of harassing and stalking a female student and preventing a police officer from carrying out his duty. The scientist, Tarun Bhardwaj, 38, himself didn't see anything wrong in his actions and told that he \"liked\" the girl, a student at University, Texas am a victim of racial discrimination and have been framed for highlighting high level corruption. Charges of harassment of a female student is not such a big deal in my case as liked her.\u201d Indian consular officials in Houston told that the man has been accused of similar acts in the past and after court proceedings would be deported to India. Bhardwaj's family back home in Bulandshahr, meanwhile, has alleged that he is \"merely the victim of a racially-motivated conspiracy\". After a PhD from Bhabha Atomic Research Centre, Bhardwaj left for the in 2007 as a researcher. He then specialized in \u201cchemical characterization of special nuclear materials, separation of fission products from spent nuclear fuel and high- level nuclear waste,\u201d according to the website of Texas University where he last worked. His profile has now been removed from the website. Let students decide which 3 languages they want to learn under NEP, says Tamil Nadu chief Annamalai Agree Disagree Poll EDIUM=REFERRAL&UTM_CONTENT 1:) EDIUM=REFERRAL&UTM_CONTENT 1:) EDIUM=REFERRAL&UTM_CONTENT 1 Match 4 - Feb 22 234/4 37.0 ov elected to field ( new-oreshnik-reveal-sends-shockwaves-i hot-as-sun-watch/118457927.cms) ( stares-at-embarrassing-defeat-crushing-p trumps-dictator-jibe/118449418.cms \u276e \u276f Ratan Tata passes away News Live Updates: 'Visionary business leade\u2026 Padma Vibhushan industrialist Ratan Tata dies at 86\u2026 'Art of turning victory into defeat ... ': Shiv Sena on Congress's Haryan\u2026 New transaction limits announced! Check new per\u2026 Representational image. ...................................................... ................................ 2/22/25, 5:46 Indian nuclear scientist in jail for stalking female student - Times of India 2/8 While working as assistant research scientist at the university in College Station, Texas, Bhardwaj was arrested several times between January and August 2015. According to documents accessed by of the court at Brazos County, under which the university falls, the researcher was accused of harassing a girl student, for which he had to sign surety bonds, which he allegedly violated several times. Later he was even directed to wear a ankle monitoring device which he allegedly removed illegally. Since December 29, 2016, he has been lodged at Brazos County Detention Centre. The scientist's family in Shikarpur town of Bulandshahr has alleged that he is a victim of \"high-level corruption and racial discrimination\". Prasoon Bhardwaj, his elder brother, associated with the basic education department in Bulandshahr, said, \u201cTarun exposed corruption and racial discrimination there. He was then charged with sexual harassment and sacked in September 2015. He went to court and had been facing pressure to withdraw the case. When he didn\u2019t agree, he was arrested.\u201d Bhardwaj's family also believes the charges against him stem from jealousy among his peers. \u201cHe has been persecuted because of his meteoric rise in his field. He has been framed by his contemporaries,\u201d said Tarun\u2019s father, Ram Kishan Bhardwaj. The family has since written to the PMO, the ministry of external affairs and other arms of the government seeking assistance in \u201cclearing\u201d Bhardwaj of the charges and bringing him home. ( trackerado com/cf/r/660bb43dac1e870012575180? Read this story in Bengali ( jail-for-stalking-texas-university-student/articleshow/58729796.cms) announced! Check new per\u2026 Women's T20 World Cup: How India can stay alive in race to semis 2/22/25, 5:46 Indian nuclear scientist in jail for stalking female student - Times of India 3/8 Government officials told that there was very little to indicate the scientist's innocence senior official in the Consulate General of India\u2019s Houston, Texas office, said the current detention of Bhardwaj was the fifth in a row \"and every time he has been booked for harassing the same female student, which is a serious charge\". He added: \u201cThere are hundreds of students and researchers from India at University but not a single incident of racial discrimination has been reported. Besides, our thorough investigation has revealed that even Indians at the university prefer to stay away from him because of his behavior. Once the court proceedings are over, he will be deported to India University officials did not reply to mails sent to them by for their comment on the story. About the Author Sandeep Rai Sandeep Rai is a veteran journalist with two decades of experience in the reporting field. 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7,481	Robin Eubanks	Oberlin College and Conservatory	[ "7481_101.pdf" ]	{"7481_101.pdf": "\uf16d \ue61b \uf39e Saturday, February 22, 2025 \uf002 Search More \uf164 \uf39e \ue61b \uf0e0 \uf02f Oberlin Professors Resign After Sexual Misconduct Eilish Spear \| September 7, 2018 Mallika Pandey Oberlin students and community members recently learned that world-renowned organist and Chair of the Organ Department James David Christie resigned following allegations of longstanding sexual misconduct emerged. Organists on campus regularly practice and perform at Finney Chapel\u2019s historic C.B. Fisk pipe organ. Two Oberlin Conservatory professors resigned last month following allegations of repeated sexual misconduct involving students. World-renowned organist James David Christie, chair of the Organ Department, and Robin Eubanks, associate professor of Jazz Trombone and Jazz Composition, were accused of violating Oberlin\u2019s Sexual Misconduct Policy after Oberlin\u2019s Title office received reports against both men. \uf164 \uf39e \ue61b \uf0e0 \uf02f Dean of the Conservatory Andrea Kalyn notified Conservatory staff and students of the accusations and subsequent resignations in an email Aug. 23, stating, \u201cThe work of Oberlin College and Conservatory is predicated on the principles of respect, equity, and inclusion; these are core to our daily endeavor and critical to the wellbeing of our community.\u201d Christie\u2019s case expanded in the nationial news and had drawn worldwide attention. The email came just days after the Organ Department was notified of Christie\u2019s resignation. The initial email did not include any information as to why the revered professor was leaving unexpectedly. Within hours of Christie\u2019s resignation announcement, The Boston Globe published an investigation into Christie\u2019s relationship with students at Oberlin and another institution, the College of the Holy Cross, in Worcester, MA, where Christie was a former faculty member. While the accusations regarding behavior at Oberlin were not criminal, those described by the Globe were more severe. Christie was an influential and powerful member of Oberlin\u2019s Organ Department and the organ world at large. Christie performed as Wellesley\u2019s organist and with the Boston Symphony for decades. He performs nearly 60 times a year \u2014 far more frequently than the average organist. \u201cHe was the ultimate teacher,\u201d said Conservatory sophomore Matthew Dion, a former student of Christie\u2019s. \u201cHe\u2019s regarded as probably one of the world\u2019s most amazing pedagogues and performers. He did everything.\u201d \u201cIf [Oberlin] is in the top 15 conservatories in the U.S., it\u2019s number one in organ. And in nearly the entire world,\u201d added Conservatory junior Tigran Buniatyan, another former student of Christie\u2019s. Originally from Armenia, Buniatyan is a trained musicologist and was working as a professional organist when he was offered a spot in Christie\u2019s studio left everything to study with him never thought could go study here was 25 or 24, and then there\u2019s probably the only person in the world who could just say he\u2019s taking me to his class and would drop everything.\u201d Dion said that Christie had a history of blurring crucial boundaries with students, with a reputation for involving himself in almost every aspect of his student\u2019s lives \u2014 from music to housing arrangements. \u201cThe thing with Jim [Christie] was he was a teacher, but he was also a friend,\u201d Dion said. \uf164 \uf39e \ue61b \uf0e0 \uf02f g [ ] , , \u201cIt was hard to separate the two when he got too involved,\u201d Buniatyan added. Conservatory students often rely on their mentors to help secure a future in the industry. At Oberlin Conservatory, and in classical music conservatories across the world, students meet with their teacher every week for several hours of individualized attention and small class work. \u201cIn music, you have this person that\u2019s guiding you not just technically, but also teaching you to express yourself,\u201d said double-degree senior and pianist Natasha Gwirceman. \u201cYou\u2019re given this instrument and you have to express all the feelings of life and love and passion and sex and death and everything, and this person is there to teach you that when you\u2019re 18. Christie is the best organist in the country. If you study with him, he could make your career. As an undergraduate, this guy could set you up for life.\u201d For many Conservatory students, it was a struggle to reconcile the professor they knew with the predator depicted in The Boston Globe article and victim accounts. \u201cHe gave me everything. He gave me the opportunity to come to Oberlin. Of course earned it by working hard and practicing. But he gave me the opportunity and the chance to do something with my life in this field,\u201d Dion said. \u201cIt was probably one of the most transformative years of my life.\u201d \u201cThe biggest struggle for me over the last two weeks has been to try to separate the man that knew with the man who did the things that he did,\u201d Dion continued. Both Dion and Buniatyan expressed frustration over what they see as the destruction of Christie\u2019s legacy in light of the allegations. \u201cHe\u2019s still the greatest organist in the entire [country think. People are taking that away from him, but they can\u2019t take that away. It doesn\u2019t have anything to do with anything mean, if he\u2019s a great organist, he\u2019s still a great organist,\u201d said Buniatyan \u201cThis guy went from being the greatest teacher in the world to nothing,\u201d Dion added. Conservatory students often develop a strong bond with their professors and are reliant on their guidance. \u201cOur work within the Conservatory is particularly dependent on a culture of trust, which is the foundation of every studio and classroom interaction, every ensemble, every artistic and i t ll t l i k d t i l f \u201d id l i h l id il \uf164 \uf39e \ue61b \uf0e0 \uf02f Students Shocked, Ani Zakarian President Oberlin Course Targeted Online by Pro-Israel Groups When Assistant Professor of Jewish Studies Matthew Berkman planned out his spring courses at Oberlin intellectual risk, and certainly every performance,\u201d said Kalyn in a school-wide email. \u201cAs dean take most seriously the responsibility to provide our students with a safe and inclusive learning environment, free from harassment and discrimination, as the relationship between student and teacher is a sacred trust that must be honored, protected, and upheld if we are to execute our fundamental educational mission,\u201d Kalyn said. President Carmen Ambar similarly reinforced these values in an email. \u201cAll of us at Oberlin remain committed to a fair, unbiased, and exhaustive search for the facts,\u201d she wrote. \u201cAnd we insist that all members of the Oberlin community \u2014 especially those who wield power and influence \u2014 live up to the highest standards of integrity.\u201d In light of the allegations, the Conservatory will be requiring all faculty and staff to attend Title trainings by fall break. \u201cAll conservatory faculty and staff will have completed required Title training by fall break, the Conservatory Division Directors and Conservatory Faculty Council have voted to require that all studio and office windows be unobstructed, and conversations have started about how we can better create a community where professional misconduct does not occur,\u201d Kalyn said. Oberlin Conservatory, with far more access to Title and other support resources than many conservatories because of its connection to the College, is in a unique position to set a precedent for others to follow in the response to allegations of this nature. The new developments have made some Conservatory students look into the relationship between power and abuse. \u201cAnytime there\u2019s one individual who can make or break your career,\u201d Gwirceman said, \u201cit seems like the perfect place for [abuse]. You have this very intimate relationship with this person because they are your mentor. They are a god, and they make you as a musician.\u201d conservatory eilish spear James David Christie Mallika Pandey sexual misconduct Campus News \uf164 \uf39e \ue61b \uf0e0 \uf02f Confused After Art Library Cuts Student Hours The Oberlin Review Partners with Newsreel, Alumni- Founded Startup spring courses at Oberlin College, he likely did not anticipate that one of... Oberlin\u2019s Revolutionary to be Reimagined Students Shocked, Confused After Art Library Cuts Student Hours The Oberlin Review Partners with Newsreel, Alumni- Founded Startup Ani Zakarian President Vacant Eastwood Elementary Building To Be Converted to Housing City Council Update for Feb. 18 Human Relations Commission Reports on Housing Literacy Event and Commitment to Oberlin\u2019s \u201cSanctuary City\u201d Status Lydia Young, the chair of the The Oberlin Review Established 1874. Enter Search Term Hiring! \uf164 \uf39e \ue61b \uf0e0 \uf02f \u00a9 2025 Pro WordPress Theme by \u2022 Log in \uf164 \uf39e \ue61b \uf0e0 \uf02f"}
7,862	Michael Beitz	University of Wisconsin ‚Äì Oshkosh	[ "7862_101.pdf", "7862_102.pdf", "7862_103.pdf", "7862_104.pdf", "7862_105.pdf", "7862_106.pdf", "7862_107.pdf" ]	{"7862_101.pdf": "UW-Oshkosh misconduct cases include professor who sexually harassed student, got new job Devi Shastri Oshkosh Northwestern Published 11:11 a.m May 31, 2018 Updated 12:15 p.m June 6, 2018 Editor\u2019s note: This is the first in a series of articles in the Oshkosh Northwestern detailing the contents of students' sexual harassment and gender discrimination complaints against University of Wisconsin-Oshkosh staff and faculty and the questions that remain \u2013 Accusations of sexual harassment, coercion and favoritism against former University of Wisconsin-Oshkosh faculty member Michael Beitz spanned the length of his three-year relationship with one of his students. The assistant professor of art became more controlling when the undergraduate tried to distance herself from him, according to a 2015 university report, which the Oshkosh Northwestern obtained in collaboration with the Milwaukee Journal Sentinel. He pushed a relationship, the student said, and tried to contact her, kiss her and have sex with her when it was not welcome. Beitz told her he\u2019d searched an entire building for her because he smelled her perfume. He received and stored nude photos on his phone and coerced sexual conversations. As the harassment progressed, the student, who said she was struggling with anxiety, depression and weight loss, failed a semester in fall 2013, the university\u2019s 2015 investigation revealed. That spring, she withdrew from UW-Oshkosh. After interviews with the student, Beitz and other witnesses, university investigators concluded Beitz violated the System\u2019s sexual harassment and consensual relationship policies. In June 2015, the assistant professor resigned. He soon got another job as a college professor in Colorado, and his record didn't follow him there. 2/22/25, 5:47 Oshkosh sexual harassment: Art professor violates Title policy 1/7 Beitz\u2019s case is one of three confirmed instances and 15 total complaints of sexual harassment at in the last five years provided documentation on seven of the 15 student complaints against university supervisors, faculty and instructional staff since 2014 to the Journal Sentinel through a public-records law request. Oshkosh had the the second highest total number of complaints in the System over the five years. (UW-Milwaukee ranked No. 1, with 34 filings in the past five years.) The six other files included the investigation report from another confirmed harassment complaint, three investigation reports where employees were not found in violation of policy and two complaint forms that were not formally investigated. The requested records, which the Journal Sentinel shared with The Northwestern and other NETWORK-Wisconsin partners, pertained only to situations in which students accused university employees of offenses including sexual harassment, gender-based discrimination or retaliation. RELATED: UW-Stevens Point assistant dean accused of sexual harassment, rehired at UW- Eau Claire students accuse teachers of sexual harassment in more than half of all campus cases RELATED: University of Wisconsin employees receive training in sexual assault prevention UWO\u2019s Title office, which is tasked with investigating issues of sexual assault, harassment and discrimination under federal law, reviewed all 15 accusations. UW-Oshkosh Police Chief Kurt Leibold said he could not speak to specific numbers or to Title protocol because the process was independent of formal criminal investigations by police. Instead, he highlighted university initiatives, including student and staff training, self- defense classes, victim support mechanisms and more, aimed at making the university an environment where people are encouraged to protect themselves and their peers, and to report issues. \u201cWe hope we\u2019ve created a culture of reporting and intervention,\u201d Leibold said lot of training and education has been given to our university to make it an environment where people aren\u2019t afraid to report things. And we\u2019re not afraid to look into them because if you 2/22/25, 5:47 Oshkosh sexual harassment: Art professor violates Title policy 2/7 don\u2019t understand the issues that are out there, how can you ever fix them? And that\u2019s why we encourage people to report.\u201d Ameerah McBride, UWO\u2019s Title coordinator, recently left the university for a new position. Associate Vice Chancellor and Dean of Students Art Munin was also not available for comment late last week. The allegations at range in severity. The other two confirmed cases happened in 2017: a university police officer who sexually harassed student employees and created a hostile work environment with sex-related conversations and homophobic language; and an academic staff member who made unwanted sexual advances toward a student. Records from the latter case were not provided because the former-employee filed in court to block their release. Both complaints resulted in the employees\u2019 firing. The university found 11 of the 15 accused did not violate policy. Sometimes this was the result of a lack of evidence proving the claims made. Of the 11, the university took action against four. Such action included a meeting with a supervisor to review university policy or a mediation between the two parties. Seven cases with no violation resulted in no action. Those \u201cno violation\u201d case reports include: An alumnus alleged to have called a female master\u2019s student a \u201cslut\u201d during a class coach accused of a relationship with one of his athletes professor and researcher accused of inappropriate relationships with two of his students supervisor who told his employee he thought one of her online profile photos was beautiful and he planned to save it. The last of the 15 cases did not have enough evidence to be investigated, though policy was reviewed with the faculty member who two students accused of raping a female student while she was intoxicated. The students refused to provide evidence to investigators without the victim\u2019s permission. In at least one case, Beitz's, the subject of a substantiated complaint moved to a faculty position at another school without much, if any, apparent consequence. 2/22/25, 5:47 Oshkosh sexual harassment: Art professor violates Title policy 3/7 Unknown to Beitz\u2019s former employer, the assistant professor secured an equivalent tenure- track faculty position at the University of Colorado-Boulder two months after his departure from UWO, with no obvious trace of the investigation behind him. The System just this week took steps to establish policies designed to make sure its campuses disclose information when former employees are investigated for misconduct. At first, consent. Then, harassment. It began in 2012, when the victim was in Beitz\u2019s class. The art professor went to taverns with his students, which was how the female undergraduate got to know him personally, the student told investigators in her sexual harassment complaint to UWO. The university redacted the victim\u2019s name in the documents to protect her privacy NETWORK-Wisconsin also does not typically name victims of sexual misconduct without their consent. In February 2012, she went to Beitz\u2019s home after her then-boyfriend broke up with her. \u201cThey got drunk, she started kissing him and they had sex,\u201d investigators wrote. The student filed a formal complaint against her professor in fall 2014, alleging sexual harassment. \u201cShe feels (the relationship) was inappropriate because he is older, in a position of power, and married,\u201d investigators wrote in their final report. Instead of disclosing his relationship to a supervisor, as is policy, Beitz kept teaching and grading the student for \u201cnumerous\u201d semesters. He also paid her for an undisclosed job off the books with \u201cmoney, artwork, cigarettes, lunches off campus (and) coffee together.\u201d Early in their relationship, the two had sex on and off campus and while on university-related trips out of state. The sexual harassment and emotional abuse began when the student tried to distance herself from Beitz in fall 2013, the student said, when she started seriously dating someone else. Beitz tried to have sex with her in the room they were sharing while setting up his exhibit in another city, the victim said. 2/22/25, 5:47 Oshkosh sexual harassment: Art professor violates Title policy 4/7 \u201cShe felt she owed him and let him try\u201d while the person they were sharing the room with was in the shower, the investigators wrote. The next day, he made her take the morning-after pill, the student said. \u201cIn class, he would stare at her with \u2018puppy eyes\u2019 or treat her very coldly,\u201d investigators wrote. \u201cShe felt unsafe and anxious and began to skip school.\u201d The student became depressed and lost weight. She recalled vomiting before class and then stopped attending Beitz\u2019s classes altogether, hiding in her boyfriend\u2019s apartment so Beitz could not find her. She failed the semester. In spring 2014, Beitz told her he smelled her perfume and searched the whole building looking for her. As the behavior escalated, the student\u2019s emotional health deteriorated. She tried to take classes that semester but eventually withdrew from the university and left for Colorado, the same state where Beitz would secure employment the next year. He wrote her a \u201cgood-bye letter\u201d around this time, the student said. That summer, when the student returned to Oshkosh to file her complaint, the two talked on the phone almost every day, she said. The student\u2019s call logs, which she submitted to investigators, showed 3,000 minutes of phone conversation between the two from July to October 2014, during which the student said Beitz told her he loved her but he had to see where things went with his wife. He told her that he\u2019d stalk her if things ended with his wife. Beitz briefly persuaded the student not to file, continuing to contact her despite three warnings not to from the then-dean of students in summer 2014. During those calls, he forced sexual conversations with the student and received and stored nude photos, the investigators found. In March 2015, the university\u2019s investigation confirmed Beitz had sexually harassed the student and that the relationship evolved to be non-consensual. Beitz also violated university policy by failing to report the relationship to a superior, which would have removed the student from his classes to avoid favoritism. Investigators also noted his actions had interfered with his ability to do his job properly. Beitz did not respond to multiple emails from NETWORK- Wisconsin requesting comment. 2/22/25, 5:47 Oshkosh sexual harassment: Art professor violates Title policy 5/7 However, in statements to university investigators during the investigation, he denied being in a relationship with the student at all, claiming they did have oral sex two or three times in the summer of 2013, but not on campus. He confirmed sharing a room with the student, but denied any of the trips were romantic and that he tried to coerce sex. He also confirmed he wrote the \u201cgoodbye letter\u201d but questioned the timeline, saying he gave it to her earlier as a goodbye to the fact that they could not have a relationship. RELATED: Artist's studio destroyed in suspected arson He also admitted he was concerned about the student\u2019s absences, but said the attendance issues were because of her other relationships and her drug use. Investigators noted Beitz was an unreliable witness based on his vague answers, evasion in giving them information and past interactions with his department chairman and Police. He voluntarily resigned from the university in June 2015. No record of disclosure Despite the university\u2019s findings, the professor secured a tenure-track assistant professorship at the University of Colorado-Boulder two months later, in August 2015. His current position is equivalent to his former job, at a school nearly triple the size of UWO. When contacted by NETWORK-Wisconsin last week Boulder Art and Art History Department Chairman Kirk Ambrose, who sat on the committee that hired Beitz in August 2015, said he was unaware of UWO\u2019s investigation and could not find evidence the issue was disclosed when looking in Beitz\u2019s personnel file. He said he also could not find Beitz's background check, although Ambrose said that does not mean the university didn\u2019t conduct one spokeswoman did not know if anyone at the university was contacted for a reference and said that, generally, if employers call for an applicant reference, UWO\u2019s Human Resources Department discloses past Title investigations only on a case-by-case basis. On Wednesday, the System announced that system President Ray Cross and the Board of Regents would review new policy recommendations next month, including recommendations to include past accusations, investigations and resolutions in the employee's personnel file. The System also announced it would review its hiring and 2/22/25, 5:47 Oshkosh sexual harassment: Art professor violates Title policy 6/7 reference-check processes to confirm current and former employees' histories are \"appropriately disclosed\" when they are reviewed for a job in or outside the System System to consider tightening hiring policies to weed out sexual harassers The announcement followed another NETWORK-Wisconsin investigation that showed a UW-Stevens Point assistant dean had been investigated for sexually harassing a campus employee and other misconduct complaints, resigned before he was disciplined, and later landed an identical job at UW-Eau Claire. One of his job duties was to investigate sexual harassment. At Boulder, the Art and Art History Department\u2019s current practice is to rely on three recommendation letters, which Ambrose said the search committee usually does not follow up with a phone conversation. Ambrose referred the issue to Boulder\u2019s Office of Institutional Equity and Compliance, which is reviewing the accusations. \u201cWe take these allegations very seriously and it\u2019s something that we\u2019re definitely looking into,\u201d said Deborah Me\u0301ndez Wilson, deputy spokeswoman at Boulder. \u201cWithout further review or having any further confirmation about what really happened, we can\u2019t really make any further comment.\u201d She said the university conducts background checks on all new hires and that general practice at Boulder is to check references. These questions come six years since Beitz\u2019s relationship with the student began and three years since the Oshkosh investigators closed their report with an unconventional note: Beitz seemed to lack understanding of the impact a relationship with a student could have on the young adult. Nor did he acknowledge the idea that \u201cstudents remain students\u201d outside the classroom. \u201cThe investigators also express concern that Beitz appears to demonstrate no remorse or sense of responsibility for what has happened, in either interview,\u201d the investigators concluded. \u201cHe seems not to understand as System policy) makes quite clear: \u2018the individual with the power in the relationship will bear the burden of accountability.\u2019\u201d 2/22/25, 5:47 Oshkosh sexual harassment: Art professor violates Title policy 7/7", "7862_102.pdf": "Former UW-Oshkosh student reaches $325,000 settlement in sex harassment case Published 6:00 a.m July 22, 2019 Devi Shastri Milwaukee Journal Sentinel The University of Wisconsin System reached a $325,000 settlement with a former student who says UW-Oshkosh violated her rights and acted \"with deliberate indifference\" to the sexual harassment she faced from one of her professors. The former student, A.R. in court documents, sued in October, claiming the university violated her Title rights when it failed to take action against former art professor Michael Beitz. Though Beitz and A.R.'s relationship began as consensual in 2012, issues arose when the student began trying to distance herself one year later. She told the court and, years earlier, university investigators that Beitz began sexually and emotionally abusing her, coercing sex and pushing her to take the morning after pill, and vandalizing one of her art pieces and harassing her System spokesman Mark Pitsch told the Journal Sentinel that the resolution is \"in the best interest of taxpayers and the university.\" A.R.'s Monona-based attorney, Mary Kennelly, did not respond to multiple requests for an interview. According to court documents, a separate settlement with Beitz is in progress. UWO's 2015 investigation found Beitz violated the System\u2019s sexual harassment and consensual relationship policies. He resigned in June 2015. The legal action came after a May 2018 investigation by NETWORK-Wisconsin and the Milwaukee Journal Sentinel into more than 100 sexual harassment cases from across 2/22/25, 5:48 Ex-student settles for $325,000 in UW-Oshkosh sex harassment case 1/3 the system. The journalistic digging found multiple instances of faculty and staff who were found to have harassed students, and then secured similar jobs elsewhere. RELATED: UW-Oshkosh quietly fired volleyball coach after student sexual harassment allegations RELATED: UW-Stevens Point assistant dean accused of sex harassment went on to work at other schools Beitz, for example, secured a new tenure-track assistant professorship at the University of Colorado-Boulder two months after his resignation. Officials at CU-Boulder told NETWORK-Wisconsin they were unaware of his history; those at said they did not know if anyone was contacted for a reference or if the investigation was shared with Beitz's new employer. CU-Boulder spokesman Ryan Huff told the Journal Sentinel that Beitz resigned effective May 2019 but did not comment further. The university began its own review of Beitz's history after it was first contacted by NETWORK-Wisconsin. Huff did not elaborate on the reason why Beitz resigned or if CU-Boulder has made any changes to hiring policies. Beitz did not respond to a Journal Sentinel request for an interview spokeswoman Peggy Breister declined to comment on several questions from the Journal Sentinel including whether the university is reviewing the allegations A.R. made against then-chair of the art department, Gail Panske. Panske is one of the few employees the student's lawsuit notes by name, though Panske is not listed as a defendant. The former student claims Panske knew about the relationship between her and Beitz but did not report it. RELATED: Former student sues System, former art professor for sexual harassment RELATED: UW-Oshkosh misconduct cases include professor who sexually harassed student, got new job Panske remains employed at UWO. She declined a request for comment, directing the Journal Sentinel to the System. 2/22/25, 5:48 Ex-student settles for $325,000 in UW-Oshkosh sex harassment case 2/3 Contact Devi Shastri at 414-224-2193 or [email protected]. Follow her on Twitter at @DeviShastri. 2/22/25, 5:48 Ex-student settles for $325,000 in UW-Oshkosh sex harassment case 3/3", "7862_103.pdf": "U.S. Title Sexual Misconduct College Campus Culture Published Jul 22, 2019 at 5:20 Updated Jul 22, 2019 at 5:24 University of Wisconsin Settles With Former Student Who Claimed Professor Made Her Take Morning After Pill 0 By Jenni Fink Senior Editor, Politics Newsweek Is Trust Project Member News Article $1 Login 2/22/25, 5:48 University of Wisconsin Settles With Former Student Who Claimed Professor Made Her Take Morning After Pill - Newsweek 1/16 The University of Wisconsin reached a settlement with a student who sued the school for failing to properly handle claims she made that a professor engaged in a coerced and emotionally abusive sexual relationship with her. Only identified as A.R. in the lawsuit, the former student claimed a consensual relationship with her art professor, Michael Beitz, became abusive and ultimately caused her to withdraw from the Oshkosh, Wisconsin, campus. About nine months after a student filed the lawsuit, the University of Wisconsin system reached a settlement with the student. \"In consultation with the state's Department of Justice, we agreed to a settlement that is in the best interest of taxpayers and the University,\" Mark Pitsch, public information officer for the University of Wisconsin system, told Newsweek. Jason Luczak, an attorney for Beitz, who was also named as a defendant in the lawsuit, expressed similar sentiments about the settlement. Luczak told Newsweek that litigation is costly and his client decided it was in his best interest to settle. \"Mr. Beitz did not make an admission of liability as part of the settlement agreement,\" Luczak said. \"Mr. Beitz is no longer teaching.\" The University of Wisconsin isn't the only higher education institution dealing with accusations of sexual misconduct. Before news broke of the settlement, Harvard University suspended a professor accused of sexual harassment and Stanford University also recently fired a professor over sexual misconduct allegations $1 2/22/25, 5:48 University of Wisconsin Settles With Former Student Who Claimed Professor Made Her Take Morning After Pill - Newsweek 2/16 A.R. enrolled at the university in fall 2011 and had Beitz as a professor from her first semester until fall 2013. Beitz allegedly drank with students at local bars and in February 2012, after confiding in him about a breakup, he invited A.R. to his apartment where they had sex. Newsweek reached out to A.R.'s attorney but did not receive a response in time for publication. Their relationship lasted about three years, became \"unwelcome\" and \"created an intimidating, hostile and abusive\" environment for A.R., according to the lawsuit. At one point, the relationship caused A.R. to be hospitalized for severe depression and anxiety. \"Professor Beitz knew plaintiff was emotionally fragile and used her vulnerability to manipulate their relationship,\" the lawsuit stated. After A.R. started a relationship with someone else, the lawsuit claimed Beitz felt \"threatened\" and made unwanted sexual advances toward her. While helping Beitz set up a sculpture at the Madison Museum of Contemporary Art, the professor allegedly pressured A.R. to have sex and insisted she take Plan B, commonly called the morning- after pill. \"Plaintiff resisted, explaining she was on birth control and it was unnecessary. However, the next day Beitz drove plaintiff to Walgreens, bought her a Plan and watched her take it in his car. Plaintiff protested, concerned about the possible side effects of such a serious pill, but Beitz made her take it anyway,\" the lawsuit claimed $1 2/22/25, 5:48 University of Wisconsin Settles With Former Student Who Claimed Professor Made Her Take Morning After Pill - Newsweek 3/16 The lawsuit also stated that Beitz ejaculated on a drawing of the plaintiff sleeping and drilled holes in a plaster bust of her head created by A.R. Then he had sexual intercourse and ejaculated into it. During class, the lawsuit claimed he displayed \"inconsistent behaviors\" and the student stopped going to class to avoid him, ultimately failing the semester. After finding it too difficult to return to school, A.R. allegedly contacted then-Department Chair Gail Panske in March 2014 to tell her about the inappropriate relationship. It was forwarded to Assistant Dean of Students Terri Gohmann and Assistant Vice-Chancellor and Interim Investigator for Equity and Affirmative Action Sharon Kipetz. Beitz allegedly admitted to Panske that he had a relationship with A.R. In December 2012 and January 2013 respectively, over a year before A.R. told Panske about the relationship, an art student's mother and a student at the school allegedly sent an email to Panske about A.R. and Beitz. An outside view of Bascom Hall on the campus of the University of Wisconsin on October 12, 2013, in Madison, Wisconsin. The University of Wisconsin system recently settled a lawsuit with a former Oshkosh campus... More $1 2/22/25, 5:48 University of Wisconsin Settles With Former Student Who Claimed Professor Made Her Take Morning After Pill - Newsweek 4/16 Kipetz and A.R. spoke multiple times over the next few months, the lawsuit stated, and she returned to campus in August 2014. During a phone call with Beitz, which led to daily calls, he allegedly convinced her to retract the complaints. In November of that year, she filed a formal sexual harassment complaint with the Office of Equity and Affirmative Action and the university issued a report that found Beitz violated the University's Consensual Relationships Policy and Sexual Harassment Policy. However, the lawsuit charged that the school never took any formal action against Beitz and allowed him to finish the semester. \"Defendant Panske and, thus, also the Board did not take any effective action on any of these occasions to address Beitz' sexual harassment of plaintiff and, instead, acted with deliberate indifference to it, thereby, causing plaintiff to undergo further harassment and/or making her liable or vulnerable to it,\" the lawsuit stated. Panske went on to teach at the University of Colorado, but he resigned in May, according to the Milwaukee Journal Sentinel. The case was dismissed with prejudice after a settlement was reached on July 9, which the Milwaukee Journal Sentinel reported was for the amount of $325,000. Pitsch told Newsweek in 2016, the school updated the Board of Regent policy to prohibit relationships between employees and students that create a power differential. Request Reprint & Licensing Submit Correction View Editorial Guidelines $1 2/22/25, 5:48 University of Wisconsin Settles With Former Student Who Claimed Professor Made Her Take Morning After Pill - Newsweek 5/16 These Twins' Captivating Beauty Strikes Us With Awe Herbeauty Drastic Transformations: Camila Cabello And Other \u0421elebs Herbeauty Cinematic Breakups That Hit Harder Than Real Life Herbeauty What\u2019s Jennifer Aniston Got To Do With The Latest Obama Drama? Herbeauty Princess By Day, Dishwasher And Pilot By Night? 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Dave Smith on U.S.- Israel Relations Top Stories 'Trump Before Trump': How Hungary Foreshadows America's Right-Wing Embrace $1 2/22/25, 5:48 University of Wisconsin Settles With Former Student Who Claimed Professor Made Her Take Morning After Pill - Newsweek 7/16 Donald Trump Blasted After Ousting Joint Chiefs Chairman 'CQ' Brown $1 2/22/25, 5:48 University of Wisconsin Settles With Former Student Who Claimed Professor Made Her Take Morning After Pill - Newsweek 8/16 Trump Acknowledges Russia 'Attacked' Ukraine But Defends Putin $1 2/22/25, 5:48 University of Wisconsin Settles With Former Student Who Claimed Professor Made Her Take Morning After Pill - Newsweek 9/16 Jenni Fink Jenni Fink is a senior editor at Newsweek, based in New York. 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By signing up you are agreeing to our Terms of Service and Privacy Policy In The Magazine March 07 2025 Issue Company About Us Masthead Diversity Announcements Archive Policies and Standards Editions: U.S. Edition \u65e5\u672c Polska Rom\u00e2nia Contact Advertise Careers Contact Us Corrections $1 2/22/25, 5:48 University of Wisconsin Settles With Former Student Who Claimed Professor Made Her Take Morning After Pill - Newsweek 15/16 Mission Statement Leadership Newsletters Press Center Terms of Use Cookie Policy Copyright Privacy Policy Terms & Conditions Terms of Sale Privacy Settings \u00a9 2025 $1 2/22/25, 5:48 University of Wisconsin Settles With Former Student Who Claimed Professor Made Her Take Morning After Pill - Newsweek 16/16", "7862_104.pdf": "students weren't only harassed on campus. They got inappropriate messages everywhere Published 6:29 a.m June 27, 2018 Updated 12:23 p.m June 28, 2018 - At least five sexual misconduct complaints against University of Wisconsin- Oshkosh employees alleged an inappropriate use of social media or texting to target students, according to an analysis of public records. The records, which the Milwaukee Journal Sentinel obtained in May and shared with the Oshkosh Northwestern, document a total of seven investigations of sexual misconduct by university employees against students. In five of those cases, the complaints showed that technology made it difficult for victims to avoid the harassment. \u201cIt\u2019s an environment that\u2019s constant,\" UW-Oshkosh Interim Provost John Koker said, in reference to digital communication. \"It never shuts down and that proposes a challenge.\u201d The five cases revealed two main themes: Social media and texting became a tool for the harassment, although it was not necessarily the cause; and digital messaging created documentation of some relationships, helping university investigators review the cases and claims. In one case, two students said a campus police officer stalked them on social media and made inappropriate sexual advances. In another complaint, a student accused a former art professor of inundating her with phone calls and of posting sexually explicit images and messages online in a clear reference to her. Devi Shastri Oshkosh Northwestern 2/22/25, 5:48 UW-Oshkosh: Sexual harassment done through social media 1/6 RELATED: UW-Oshkosh misconduct cases include professor who sexually harassed student, got new job RELATED: Sexual harassment of students at campuses: What we know about gaps in tracking offenders RELATED: Former UW-Oshkosh administrators plead not guilty to felony charges Dean of Students Art Munin said he's seen an increase in the role social media plays in harassment situations over the past decade. \u201cQuite honestly, from a conduct perspective, sometimes when it\u2019s done on social media, it makes it a lot easier because it\u2019s black and white,\u201d Munin said System policy prohibits the use of university technology resources for harassment. UW- Oshkosh policies explicitly tell employees to refrain from bullying, including cyberbullying, which includes harassment via text, video and audio. The university's mandatory anti-discrimination and harassment training for employees includes information about social media, texting and online interactions, but the school doesn't forbid the use of those platforms to communicate with students. \u201cIt\u2019s about the behavior and about what\u2019s appropriate and what\u2019s not appropriate. It\u2019s not really focused on the means through which you can implement that behavior,\u201d Koker said. Experts agree that social media itself is not to blame. Digital technology is \"a vehicle for people who would have harassed anyway,\" UW-Madison\u2019s Catalina Toma, whose research focuses on the social and psychological effects of online dating, social networking sites, email and instant messaging, told the Milwaukee Journal Sentinel this month. Sameer Hinduja, co-director of the Cyberbullying Research Center and criminology professor at Florida Atlantic University, said the challenge with social media is the air of privacy it affords and how it can quickly give one person power over another. \u201cIt sometimes feels that since there\u2019s no accountability, everything is happening behind the scenes (through) private messages and one-on-one conversations that a person can use power and their position to coerce or induce the other person to act in certain ways or not report,\u201d Hinduja said. 2/22/25, 5:48 UW-Oshkosh: Sexual harassment done through social media 2/6 It\u2019s difficult to speak generally about how technology plays into relationships between students and professors or other employees, Hinduja said. He was unaware of people who research the issue specifically. \u201cPolicies need to come out across all universities, across the entire nation, about this because more and more educators are online,\u201d Hinduja said. And to some extent, educators continue to learn as they go. \u201cTechnology and social media is a very powerful tool, and it can be used in very positive and good ways,\u201d Koker said. \u201cThis is coming on so fast think we\u2019re still, as an education community, understanding the power and the use of technology think the whole world is. And just like anything, it can be used or it can be abused officer takes to Facebook, Snapchat, texts In spring 2017, two student employees told university investigators that then Police Officer Anthony Keller added them as friends on social media and sexually harassed them, prompting a campus police investigation. The first student said Keller added her on Facebook and Snapchat and began texting her, although she didn\u2019t remember giving him her phone number. She said he would ask her to hang out, and she blocked him because the interactions felt inappropriate. The student said she initially thought he was joking because she knew Keller was married. She told investigators he commented on snaps \u2014 Snapchat messages \u2014 she sent him while working out at the gym, saying, \u201cI\u2019ll take you to the gym and show you a few workouts. We could pull over on our way and have our own workout.\u201d The student also said Keller asked her if she would perform oral sex on him, brushed against her in a \u201cflirtatious manner,\u201d and once caressed and massaged her hand inappropriately. When she pulled away, he told her, \u201cDon\u2019t let it happen again.\u201d She said conversations with him often became sexual, and he often talked \u201cabout how he hated being married, and how marriage is not all it\u2019s cracked up to be.\u201d RELATED: On campuses, staff harassment of students moves to social media and messaging apps System to consider tightening hiring policies to weed out sexual harassers 2/22/25, 5:48 UW-Oshkosh: Sexual harassment done through social media 3/6 second campus police student employee also told officials Keller added her on Snapchat and Facebook, and he would become upset when she did not reply to his snaps. She also said he would also show up where she was assigned to work, made comments about her trying on clothes for him, called her his \"work wife\" and visited her dorm room when dropping her off after work. In his response to investigators, Keller denied most of the allegations, although he admitted discussing his marriage difficulties with the first student and that he \u201cconsidered her a good friend.\" Keller said the student initiated sexual conversations through text messages which he had deleted. He also denied inappropriate conduct with the second student. The Northwestern has been unable to obtain contact information for Keller. Investigators concluded Keller sexually harassed the students and \u201ccreated a hostile and offensive environment.\u201d Mandy Potts, UWO's communications director, confirmed Keller no longer works for the university and declined to comment further, citing it as a personnel issue. Other cases address control, blurred lines In another case involving a confirmed policy violation at UWO, social media and cellphone use became a source of control. Investigators found former art professor Michael Beitz, who violated multiple university policies before resigning from and later got a job at the University of Colorado Boulder, spent over 3,000 minutes on the phone with the student he harassed, during which the student said he temporarily persuaded her not to file a complaint. The victim also told investigators that when she filed her complaint, Beitz used his Tumblr blog to target her, posting sexually explicit pictures with several labeled with an anti-female expletive. Beitz told investigators the posts were not about the student and were \u201cjust random, creative expressions 2016 case at shows how easily social media can break down barriers of location and access. 2/22/25, 5:48 UW-Oshkosh: Sexual harassment done through social media 4/6 One employee complained an academic staff member had commented that the employee's photo posted on the Google+ online platform \u201cwas very beautiful and he was planning on saving the photo.\u201d The employee laughed nervously, to which the supervisor said, \u201cI\u2019m not hitting on you. It\u2019s not like would make your picture my screen saver or anything university investigator spoke with the accused staff member and his supervisor and closed the case, reporting they had reached an informal resolution to end the behavior. The remaining two complaints, both in 2017, were anonymous. University investigators could not substantiate either case person alleged a faculty member was involved with a student who left the program because of the relationship. The complaint also cited rumors from current students that the faculty member was in a relationship with another student researcher. The complainant said the professor and the student were texting back and forth at a junior faculty get-together and left together. The faculty member told investigators he was in a consensual relationship with the former student that began only after she left the program. After the two became close, the student chose to leave the university. The professor denied any inappropriate interaction with the second student and told investigators any text messages between the two were related to her internship. The student also denied any inappropriate relationship, saying their interactions related to her internship and guidance on graduate programs. Investigators determined the professor did not violate the university\u2019s policy on consensual relationships. RELATED: UW-Stevens Point assistant dean accused of sexual harassment, rehired at UW- Eau Claire coach and academic staff member was accused of having a relationship with a student athlete without disclosing it to the athletic director and of distributing \u201csexually suggestive images\u201d to student athletes on social media. The coach and student athlete denied being in a relationship. Witnesses said it was common for the coach to communicate with his athletes through Snapchat and texting. Other coaches 2/22/25, 5:48 UW-Oshkosh: Sexual harassment done through social media 5/6 also reported using such methods to communicate with their athletes. Witnesses said they did not receive any inappropriate messages from the coach and that students normally initiated conversations. The coach denied ever sending explicit messages. University investigators determined the coach did not have a relationship with the student athlete or sexually harass anyone. The full details of the case remain unclear because the university blacked out additional accusations against the coach in the records released to the Journal Sentinel. Aside from conversations with faculty is working to train students about what harassing behavior could look like. Munin said many of today\u2019s college freshman are coming to school with such training from high school, too. Munin and Koker agreed students should be educated on how to identify inappropriate behavior and reduce risk, but \u201cwe also have to do what we can to make sure they\u2019re not put in that type of situation,\u201d Koker said. And just because something happens in private, off the clock, does not mean the university would not get involved following a complaint, Munin said. \u201cAt the end of the day, our students are living online, so we have to be there as well,\u201d Munin said. Karen Herzog of the Milwaukee Journal Sentinel contributed to this report. 2/22/25, 5:48 UW-Oshkosh: Sexual harassment done through social media 6/6", "7862_105.pdf": "Former student sues System, former art professor for sexual harassment Devi Shastri Appleton Post-Crescent Published 6:39 p.m Oct. 4, 2018 Updated 4:17 p.m Oct. 5, 2018 former University of Wisconsin-Oshkosh student filed a lawsuit this week against the System Board of Regents and a former art professor who the university determined sexually harassed her. The lawsuit states both the System and former professor Michael Beitz violated the former student's rights under Title and the 14th Amendment's Equal Protection Clause. The university, the compliant states, \"acted with deliberate indifference to Beitz' sexual harassment of the plaintiff.\" In a civil complaint, filed Wednesday in U.S. District Court, the former student is seeking compensation from both the System and Beitz for physical and psychological injuries, medical and educational expenses and other damages. The complaint also asks the court to rule the victim faced sexual harassment discrimination and unlawful retaliation. The lawsuit argues that what the victim describes as the university's failure to promptly respond to the harassment effectively denied her chance to fully benefit from her academic program. RELATED: UW-Oshkosh misconduct cases include professor who sexually harassed student, got new job RELATED: UW-Oshkosh quietly fired volleyball coach after student sexual harassment allegations RELATED: UW-Stevens Point assistant dean accused of sex harassment went on to work at other schools 2/22/25, 5:48 sexual harassment: Ex-student sues Board of Regents, professor 1/3 The document further details events surrounding Beitz' relationship with the victim. It goes beyond what NETWORK-Wisconsin previously reported from documents obtained by the Milwaukee Journal Sentinel under a Wisconsin public records request. Beitz and the victim began a consensual relationship in 2012, while the former student was in his class. Beitz did not report the relationship to his superior, university documents showed. About a year later, when the then-student tried to pull away from Beitz, the relationship became sexually and emotionally abusive, according to university and court documents. The victim told university investigators and again stated in court documents Wednesday that Beitz coerced sex, forced her to take a morning-after pill and tried to kiss her without consent. Other claims in the complaint, previously redacted in the university report, detail the victim's statement that Beitz engaged in \"intimidating and degrading\" behavior, including performing sex acts on a sculpture the student made and a drawing Beitz made of her while she was sleeping. The complaint also alleges university officials, including Gail Panske, then-chairwoman of the art department, were aware of Beitz' relationship with the student but did not act upon the information they received. The complaint alleges Panske, then Beitz's supervisor, \"had actual notice of Beitz' misconduct based on complaints she had received from a student and a student parent in December 2012 and January 2013 regarding his inappropriate sexual relationship with plaintiff.\" It also states the victim told Panske about Beitz's \"inappropriate sexual conduct and emotionally abusive behaviors\" in March 2014. The complaint also states Beitz tried to persuade the victim from not filing a Title complaint with and that the action is a form of illegal retaliation Communications Director Mandy Potts confirmed Panske is still employed at the university. Following a university investigation found Beitz in violation of sexual harassment and in violation of the university's consensual relationships policy. He voluntarily resigned from the university in June 2015. 2/22/25, 5:48 sexual harassment: Ex-student sues Board of Regents, professor 2/3 NETWORK-Wisconsin investigation in May found Beitz went on to secure an equivalent tenure-track assistant professorship at the University of Colorado-Boulder two months later. In May Boulder Art and Art History Department Chairman Kirk Ambrose, who sat on the committee that hired Beitz in August 2015, said he was unaware of UWO\u2019s investigation and could not find evidence the issue was disclosed when looking in Beitz\u2019s personnel file. Then, CU-Boulder deputy spokeswoman Deborah Me\u0301ndez Wilson said the university was \"looking into\" the allegations. As of Thursday, Beitz is no longer listed on the Art and Art History Department's faculty page at Boulder. The university has not responded to a request for comment on the status of Beitz' employment there. The victim's attorney and the System also did not immediately respond to requests for comment. When a NETWORK-Wisconsin reporter contacted him Thursday afternoon, Beitz said he wasn't aware of the lawsuit but was not immediately available for further comment. The System is in the process of updating its policy on employee records related to sexual harassment, which would include alerting public and private employers of any substantiated sexual harassment claims in a reference check. Revelations that prompted the policy changes came to light earlier this year after NETWORK-Wisconsin reported a UW-Stevens Point administrator who resigned while under investigation for sexual harassment landed the same job at UW-Eau Claire. Since then, two former employees at were found to have moved to new positions without any apparent acknowledgement of their reasons for leaving the university \u2014 Beitz and former men's volleyball head coach Brian Schaefer. 2/22/25, 5:48 sexual harassment: Ex-student sues Board of Regents, professor 3/3", "7862_106.pdf": "Michael Beitz landed a job at in Boulder 2 months after a University of Wisconsin investigation found he violated policies. MADISON, Wis. \u2014 The University of Wisconsin System will pay a former student $325,000 to settle claims that a professor sexually harassed her. The Milwaukee Journal Sentinel reports the former student, identified as A.R. in court documents, sued in October alleging UW-Oshkosh failed to take action against former art professor Michael Beitz. A.R. alleged she had a consensual relationship with Beitz in 2012 but he began sexually abusing and harassing her when she tried to distance herself from him the next year. Wisconsin school pays to settle sex harassment suit, involving former professor Credit Author: Associated Press Published: 1:32 July 22, 2019 Updated: 1:32 July 22, 2019 students organized sit at the admin building on campus \uf110 00:00 / 00:00 \uf026 \uf064 \uf04b x 2/22/25, 5:48 Wisconsin school pays to settle sex harassment suit, involving former professor \| 9news.com 1/3 UW-Oshkosh 2015 investigation found Beitz violated system policies. He resigned in June 2015 and landed a job at the University of Colorado-Boulder two months later. Officials at that university told the newspaper that they weren't aware of Beitz's history. They said he resigned in May but didn't say why \| Local stories from 9NEWS War Thunder \| Sponsored Join new Free to Play War Thunder Fight in over 2000 unique and authentic Vehicles. Fight on Land, on Water and in the Air. Join the most comprehensive vehicular combat game. Over 2000 tanks, ships and aircraft. Play Now Crossout \| Sponsored Crossout 2.0: Supercharged Check out the new Crossout 2.0 for free. Discover PvP and PvE in our upgraded Action MMO. Countless unique Vehicles, PvE and PvP, Trading. Are you ready? Destroy vehicles your opponent took hours to \u2026 Play Now 2/22/25, 5:48 Wisconsin school pays to settle sex harassment suit, involving former professor \| 9news.com 2/3 Techno Mag \| Sponsored Access all channels anywhere, anytime Crossout \| Sponsored Crossout: New Apocalyptic Check out the new Crossout 2.0 for free. Discover PvP and PvE in our upgraded Action MMO. Countless unique Vehicles, PvE and PvP, Trading. Are you ready? Destroy vehicles your opponent took hours to \u2026 Play Now Techno Mag \| Sponsored Why Seniors Are Snapping Up This Box, We Explain! Packaging Machines \| Search Ads \| Sponsored Top Packaging Trends In 2024 (Take Look) Search Now Multiple-vehicle crash closes northbound Interstate 25 Americans' trust in air travel holds, but faith in federal agencies down after fatal crash ARTICLE... 2/22/25, 5:48 Wisconsin school pays to settle sex harassment suit, involving former professor \| 9news.com 3/3", "7862_107.pdf": "\uf002 \uf26c Watch Now Quick links... By: Associated Press Posted 2:18 PM, Jul 22, 2019 and last updated 2:18 PM, Jul 22, 2019 System pays $325K to settle sex harassment suit \uf09a\ue61b\uf0e0 undefined undefined Menu 2/22/25, 5:49 System pays $325K to settle sex harassment suit 1/6 \u2014 The University of Wisconsin System will pay a former student $325,000 to settle claims that a professor sexually harassed her. The former student, identified as A.R. in court documents, sued in October saying UW-Oshkosh violated her rights and acted \"with deliberate indifference\" to the sexual harassment she faced from her former art professor Michael Beitz. The student said she had a consensual relationship with Beitz in 2012. But he began sexually abusing and harassing her when she tried to distance herself from him the next year. Her lawsuit argued the school violated her Title rights when it failed to take action against the professor UW-Oshkosh investigation in 2015 found Beitz violated the System's sexual harassment and consensual relationship policies. He resigned in June 2015. Two months later, he landed a job at the University of Colorado-Boulder. Officials at CU-Boulder said they were unaware of Beitz's history. UW-Oshkosh officials said they didn't know if anyone was contacted for a reference or if the investigation was shared with Beitz's new employer. CU-Boulder spokesman Ryan Huff said Beitz resigned May 2019, but didn't say why. Read More 00:00 02:00 2/22/25, 5:49 System pays $325K to settle sex harassment suit 2/6 Beitz didn't respond to a request for comment. A.R.'s attorney, Mary Kennelly, also didn't respond to multiple requests for an interview. According to court documents, a separate settlement with Beitz is in progress. An investigation in May 2018 found multiple instances of faculty and staff who were found to have harassed students, and then secured similar jobs elsewhere. Gail Panske, the then-chair of the art department, is noted by name in the student's lawsuit against the university system. Panske is not listed as a defendant. The former student said Panske knew about the relationship between her and Beitz but didn't report it. UW-Oshkosh spokeswoman Peggy Breister declined to say if the university is reviewing the allegations A.R. made against Panske. Copyright 2019 Scripps Media, Inc. All rights reserved. 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8,075	Andrew Curran	Wesleyan University	[ "8075_101.pdf", "8075_102.pdf", "8075_103.pdf", "8075_104.pdf" ]	{"8075_101.pdf": "Claims college mishandled sex harassment probe March 10, 2016 Wesleyan professor\u2019s suit claim: College mishandled sex harassment probe The Wesleyan University campus on High Street in Middletown Cassandra Day \u2014 The Middletown Press SALE! 25\u00a2 for your first 3 months Sign in 2/22/25, 5:50 Wesleyan professor\u2019s suit claim: College mishandled sex harassment probe 1/11 Wesleyan University professor has filed a federal lawsuit against the school alleging administrators failed to take the appropriate steps when investigating sexual harassment claims she made against a dean. Associate Professor of Classical Studies Lauren Caldwell filed a 49-page complaint against the university on Feb. 17 Article continues below this ad Watch More 2/22/25, 5:50 Wesleyan professor\u2019s suit claim: College mishandled sex harassment probe 2/11 SALE! Only 25\u00a2 for 3 months of digital access to local news Caldwell\u2019s complaint includes nine counts of discrimination and retaliation after she says Wesleyan University violated Title VII, the federal gender-equity law Title IX, the American with Disabilities Act, the Family and Medical Leave Act and the Connecticut Fair Employment Practices Act. Title VII, part of the Civil Rights Act of 1964, prevents employers from forming prejudices against workers on the basis of sex, race, skin color, national origin or religion. In the lawsuit, Caldwell claims she faced discrimination by the university after she alleged that the Dean of Arts and Humanities Andrew Curran made sexual comments in professional conversations over a period of two years. Curran, who is on leave for the 2015-16 academic year, is now the William Armstrong Professor of Humanities, according to Wesleyan\u2019s website. Caldwell, who was granted tenure last March, began working for Curran as an assistant professor in 2006. 2/22/25, 5:50 Wesleyan professor\u2019s suit claim: College mishandled sex harassment probe 3/11 From 2012 to 2014, Curran was Caldwell\u2019s mentor, the suit explains. In this role, he began to make unwelcome, inappropriate comments about her appearance, the complaint alleges. Curran\u2019s behavior allegedly escalated in 2013 when he insisted that their first formal meeting take place at his home. The complaint alleges that Curran continued to make sexual and overly personal comments to Caldwell, saying she was \u201cvery young and limber\u201d and that he was like \u201ca 14-year-old boy with a crush on her.\u201d After Curran allegedly continued to make such statements, Caldwell consulted with the university\u2019s Title officer. \u201cDue to the imbalanced power dynamic between a high-level senior administrator and junior faculty member in a mentor-mentee relationship, [Caldwell] felt grave discomfort not only with Dean Curran\u2019s behavior, but also about the possible repercussions of criticizing Dean Curran,\u201d the suit reads Article continues below this ad 2/22/25, 5:50 Wesleyan professor\u2019s suit claim: College mishandled sex harassment probe 4/11 However, instead of filing a formal complaint, Caldwell initially tried to address Curran\u2019s behavior on her own. In a phone conversation with Curran, Caldwell said he was treating her differently because of her gender. Curran allegedly told Caldwell wouldn\u2019t talk to too many people about this.\u201d After voicing her concerns, Caldwell says she was reassigned to report to Dean Joyce Jacobsen and replaced as a junior faculty liaison. In April 2014, Caldwell met with Jacobsen and reported the sexual harassment and hostile work environment she was subjected to, the suit details Article continues below this ad According to the complaint, Jacobsen warned Caldwell that if she took legal action against Curran, it would be a \u201cnuclear option.\u201d Caldwell alleges that Jacobsen 2/22/25, 5:50 Wesleyan professor\u2019s suit claim: College mishandled sex harassment probe 5/11 attributed Curran\u2019s inappropriate behavior to his \u201clack of male self-awareness.\u201d On April 21, 2014, Caldwell submitted a formal complaint to Jacobsen, Wesleyan Provost Ruth Weissman and general counsel David Winakor. The lawsuit alleges Caldwell \u201cwas made to fear for her future professional career with [Wesleyan] as a result of Dean Curran\u2019s radical shift in behavior toward her, which she said appeared to have been precipitated by her expressing her discomfort with the inappropriate dynamic of their working relationship.\u201d Vice President for Equity and Inclusion Antonio Farias was tasked with investigating Caldwell\u2019s claims. In his outcome report, he concluded Curran \u201clacked boundaries of professional decorum in both email and personal messaging, including body dynamics and off-campus events and that Dean Curran was in need of counseling and refresher training Article continues below this ad Farias also concluded Caldwell had brought on Curran\u2019s derogatory comments herself and that she benefitted from his favoritism when she was his mentee, the complaint reads. 2/22/25, 5:50 Wesleyan professor\u2019s suit claim: College mishandled sex harassment probe 6/11 According to the lawsuit, Farias demanded Caldwell \u201cmop up\u201d all evidence of her complaint on campus by retracting any statements she made about Curran. Farias also allegedly demoted Caldwell by reassigning her to report to the senior associate provost. Due to the concerns regarding the process and outcome of Farias\u2019 report, Caldwell reviewed the matter with the Yale University-Wide Committee on Sexual Misconduct. Caldwell was advised that Farias\u2019 report was \u201ca hack job\u201d and out of compliance with Title IX, the complaint reads Article continues below this ad In a statement released by the university, Wesleyan denied Caldwell\u2019s allegations, saying it is \u201caware of the action commended by Professor Caldwell and the various claims made therein. Professor Caldwell has received tenure at Wesleyan and the university has investigated her complaints. Wesleyan believes that the lawsuit is without merit and it intends to defend itself vigorously.\u201d In 2015, Caldwell filed her claims with the Connecticut Commission on Human Rights and Opportunities and the Equal Employment Opportunity Commission. In 2/22/25, 5:50 Wesleyan professor\u2019s suit claim: College mishandled sex harassment probe 7/11 early February, both organizations released jurisdiction on the matter am looking forward to a resolution that will shed light on the events referenced in the complaint,\u201d Curran said in an emailed statement. Caldwell took a medical leave of absence during the spring 2015 semester. In her complaint, Caldwell also alleges the medical leave information provided by the university was not in compliance with the Family Medical Leave Act Article continues below this ad On March 17, 2015, Wesleyan\u2019s lawyers asked Caldwell, \u201chow much [money] she wanted\u201d to resign from the university, despite the fact she had been awarded tenure just days before, the suit continues. Heena Kapadia, who is representing Caldwell, said she hopes Wesleyan University will resolve this matter expeditiously so Caldwell can continue her current teaching duties. Caldwell, who could not be reached for comment Thursday, received her Ph.D. from the University of Michigan. 2/22/25, 5:50 Wesleyan professor\u2019s suit claim: College mishandled sex harassment probe 8/11 March 10, 2016 Article continues below this ad Sam Norton can be reached at 203-680-9906. Around The Web Powered by Stop Information Overload By Ethereal Search Engine Is My Space a Good Fit for Airbnb? By Take on a Challenge: Make Pasta Al Limone at Home By 2/22/25, 5:50 Wesleyan professor\u2019s suit claim: College mishandled sex harassment probe 9/11 Walmart Center for Racial Equity Update: Advancing Equity in Criminal Justice By Get Mortgage Advice Close to Home By Get Dog Food Designed for Your Dog's Health & Happiness By Five Reasons Your Car Insurance Rate Changes By Stop Paying Too Much for Your Prescriptions - Compare Prices, Find Free Coupons, By Ring Devices Help Make Peace of Mind More Accessible to All By Don't Miss As Trump attacks in schools law preserves Black, Latino studies state colleges see enrollment increase after years of downward trend Is it a one muni Let's Play 2/22/25, 5:50 Wesleyan professor\u2019s suit claim: College mishandled sex harassment probe 10/11 Flipart Really Bad Chess Pile-Up Poker Cross\|word About Contact Services Account \u00a9 2025 Hearst Media Services Connecticut Terms of Use Privacy Notice Industry Opt Out Your Privacy Choices (Opt Out of Sale/Targeted Ads) Top 2/22/25, 5:50 Wesleyan professor\u2019s suit claim: College mishandled sex harassment probe 11/11", "8075_102.pdf": "Advertise with us Report ad By The Associated Press \| Posted - March 5, 2016 at 10:40 a.m. Leer en espa\u00f1ol Estimated read time: Less than a minute This archived news story is available only for your personal, non-commercial use. Information in the story may be outdated or superseded by additional information. Reading or replaying the story in its archived form does not constitute a republication of the story. MIDDLETOWN, Conn Wesleyan University professor has filed a federal lawsuit against the school alleging administrators mishandled an investigation into sexual harassment complaints she made against a dean. The Hartford Courant reports ( the lawsuit brought by Associate Professor Lauren Caldwell claims discrimination and retaliation after she approached Andrew Curran in 2013 about sexual comments he had allegedly made toward her. Curran was the dean of arts and humanities at the time and Caldwell's faculty mentor. Learn More Secure Online Transactions John Hancock Sold Skip the Verified Sellers Trusted Financing Wesleyan professor sues school over sexual harassment U.S. Home 0 \uea8c \ue700 \ue600 \ue954 \ue901 Save Story News Sports Beyond Series Brandview Radio Obituaries 27 2/22/25, 5:50 Wesleyan professor sues school over sexual harassment \| KSL.com 1/7 Advertise with us Report ad U.S. The Associated Press Caldwell approached Curran after deciding not to file a formal complaint. An internal investigation found Curran \"lacked boundaries\" but his conduct wasn't \"sexual harassment.\" Wesleyan says the lawsuit is without merit and it intends to defend itself vigorously. Curran, who is now the William Armstrong Professor of Humanities, declined to comment. Copyright \u00a9 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed Most recent U.S. stories Judge cancels Mayor Eric Adams' trial and leaves corruption charges intact until mid-March Judge extends block on Musk's from Treasury systems restores some jobs of fired employees, pledges to hire 7,700 seasonal workers Related topics News Sports Beyond Series Brandview Radio Obituaries 27 2/22/25, 5:50 Wesleyan professor sues school over sexual harassment \| KSL.com 2/7 Judge cancels Mayor Eric Adams' trial and leaves corruption charges intact until mid-March Steve Bannon accused of straight-arm Nazi salute at CPAC, says it was just 'a wave' US-Mexico border encounters for January dipped amid increased moves to halt illegal immigration 0 Pending Comments More stories you may be interested in 0 News Sports Beyond Series Brandview Radio Obituaries 27 2/22/25, 5:50 Wesleyan professor sues school over sexual harassment \| KSL.com 3/7 Advertise with us Report ad 1. 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Utah woman offered to bless items for money, but never returned property, police say News Sports Beyond Series Brandview Radio Obituaries 27 2/22/25, 5:50 Wesleyan professor sues school over sexual harassment \| KSL.com 5/7 Advertise with us Report ad News Sports Beyond Series Brandview Radio Obituaries 27 2/22/25, 5:50 Wesleyan professor sues school over sexual harassment \| KSL.com 6/7 \uea8c \ue700 \uea92 \ue900 \uea9d \ue903 \uea93 Mobile Apps \| Newsletter \| Advertise \| Contact Us \| Careers with KSL.com \| Product Updates Terms of use \| Privacy Statement Notice \| Manage My Cookies Public File Report Public File Radio Public File Radio Public File \| Closed Captioning Assistance \u00a9 2025 KSL.com Broadcasting Salt Lake City \| Site hosted & managed by Deseret Digital Media - a Deseret Media Company News Sports Beyond Series Brandview Radio Obituaries 27 2/22/25, 5:50 Wesleyan professor sues school over sexual harassment \| KSL.com 7/7", "8075_103.pdf": "Professor Sues Wesleyan Alleges University Mishandled Her Sexual Harassment Complaint By [email protected] Wesleyan University professor has filed a federal lawsuit against the school, alleging administrators mishandled an investigation into complaints of sexual harassment she made against a dean. In the lawsuit, classical studies Associate Professor Lauren Caldwell claims discrimination and retaliation. The suit says that from 2012 to 2014, Professor Andrew Curran made sexual and \u201coverly personal\u201d comments to her and had physical contact with her that made her feel uncomfortable. At the time, Curran was the dean of arts and humanities at Wesleyan and Caldwell's faculty mentor. He is now the William Armstrong professor of the humanities. Curran declined to comment Friday. Caldwell approached the school's Title coordinator, who handles sexual harassment complaints, in 2013, and after a brief consultation she decided not to file a formal complaint but instead would try to handle the situation by addressing it with Curran, the lawsuit says. After bringing her concerns to Curran, a pattern of retaliation and discrimination began, the lawsuit says. In a statement, Wesleyan said: \u201cThe University is aware of the action commenced by Professor Caldwell and the various claims made therein. Professor Caldwell has received tenure at Wesleyan and the University has investigated her complaints. Wesleyan believes that the lawsuit is without merit and it intends to defend itself vigorously.\u201d 2/22/25, 5:50 Professor Sues Wesleyan - Hartford Courant 1/3 Caldwell filed complaints with the state Commission on Human Rights and Opportunities and the Equal Employment Opportunity Commission. Both agencies released jurisdiction in early February, and the lawsuit was filed Feb. 17. Wesleyan is the only defendant in the lawsuit. In the 49-page complaint, Caldwell says Curran withdrew his support when she was applying for a fellowship, revoked her position of liaison to junior faculty, and reassigned her to report to a different dean. Caldwell met with the new dean, Joyce Jacobsen, to discuss the sexual harassment, and Jacobsen warned her against filing a formal complaint and defended Curran, the suit says. In April 2014, Caldwell filed a written complaint with Jacobsen, and, the lawsuit alleges, numerous instances of intimidation, discrimination and retaliation ensued. \u201cThe Plaintiff's written complaint, dated April 21, 2014, explained clearly that the salient issue for the Plaintiff was that she was made to fear for her future professional career with [Wesleyan] as a result of Dean Curran's radical shift in behavior toward her, which she said appeared to have been precipitated by her expressing her discomfort with the inappropriate dynamic of their working relationship,\u201d the complaint says. The complaint says an investigation by the vice president for equity and inclusion, Antonio Farias, found \u201cthat Dean Curran \u2018lacked boundaries of professional decorum in both e-mail and personal messaging, including body dynamics and off campus events' and that Dean Curran was in need of counseling and refresher training.\u201d Farias \u201cdid not conclude that Dean Curran's conduct fit the definition of sexual harassment or retaliation,\u201d the lawsuit says. Caldwell received her Ph.D. from the University of Michigan in 2004. She became a professor at Wesleyan in 2006 and was approved for tenure in March 2015. Caldwell is being represented by Heena Kapadia, an attorney in Hamden. 2/22/25, 5:50 Professor Sues Wesleyan - Hartford Courant 2/3 Article 29 of 106 2/22/25, 5:50 Professor Sues Wesleyan - Hartford Courant 3/3", "8075_104.pdf": "the Wesleyan Ar\u2026 (/) \uf2ce ( \uf16d ( \uf09a ( \uf099 ( c/o Leila Etemad On May 8, Associate Professor of Molecular Biology and Biochemistry Michael McAlear filed a lawsuit against the University concerning student- made posters ( circulated in November 2016, that implied McAlear, Professor of French Andrew Curran, and Professor of Art David Schorr are sexual predators. McAlear denies all claims of sexual misconduct in his suit against the University, saying that administrators have informed him that no allegations have ever been filed against him. His complaint ( filed in the Middlesex Superior Court, alleges that the University failed to defend McAlear by not taking sufficient action to identify or discipline the students involved in the poster campaign, who remain anonymous to the public. The posters at the heart of McAlear\u2019s complaint were circulated as part of several protests ( and initiatives launched by students in reaction to apparent institutional failures regarding sexual assault and harassment, including the lack of transparency in the dismissa ( of former Associate Dean of Students Scott Backer, during the 2016-2017 school year. An allegation of sexual misconduct against Professor Curran was central to a lawsuit filed against the University by former Associate Professor of Classical Studies Lauren Professor McAlear Files Lawsuit Against University August 29, 2019, by Emmy Hughes, Erin Hussey, Editor-in-Chief and News Editor (/user/Emily Hughes/) 2/22/25, 5:50 The Wesleyan Argus \| Professor McAlear Files Lawsuit Against University wesleyanargus.com/2019/08/29/professor-mcalear-files-lawsuit-against-university/ 1/4 c/o Wesleying Caldwell, who alleged that she experienced repeated sexual harassment from Curran between 2012 and 2014\u2014 according to Inside Higher Ed, ( professor-who-alleged-harassment) Caldwell settled with the University out of court. Professor Schorr is alleged to have made unwanted sexual advances towards male students in his classes prior to his death in 2018. In the complaint, which was first amended on July 12, McAlear provides a timeline of events detailing a confrontation between himself and a group of protesting students that took place on Nov. 11, 2016, prior to the distribution of posters indicating McAlear is a sexual predator. McAlear had a contentious exchange with the students, who he says were calling members of faculty perpetrators and promoters of sexual violence. \u201cThe plaintiff told the students that he thought their protest was over-the-line and slanderous,\u201d the complaint reads. McAlear believes that students called him a sexual predator due to the aforementioned confrontation. To his knowledge, he was first labeled as a sexual predator in an email sent by a student organizer to the Wes Student Union on Nov. 13, 2016, and then on posters beginning Nov. 16. The complaint states that on Feb. 28, 2017, McAlear learned of more posters circulating with his name on them, and that an image of one of the posters had been uploaded to Wesleying. Additional posters continued to circulate in May 2017 and November 2017, McAlear alleges. McAlear also describes an ongoing dialogue with former Provost Joyce Jacobsen, indicating that during the initial circulation of posters, Jacobsen and McAlear were in communication about uncovering the identities of the students who had created and hung them around campus. McAlear alleges that at least one student was eventually identified by the University, an allegation that the University does not deny in its July 11 ( motion to strike. McAlear further claims that Jacobsen later declared that no action would be taken against students found responsible for the distribution of the posters. On April 27, 2018, McAlear says that he filed a complaint with the Faculty Rights and Responsibilities Committee against Jacobsen. \u201cPlaintiff\u2019s complaint alleged that Jacobsen failed to protect and defend his rights as a tenured faculty member by not taking sufficient concerted action to identify or stop the persons who were conducting the degrading poster campaign,\u201d McAlear\u2019s case filing reads. Additionally, McAlear claims that although President Michael Roth \u201978 initially condemned the distribution of the posters and promised he would do everything he could to prevent them from being circulated, Roth later stated that he would not take action against any students found responsible. McAlear\u2019s original complaint, which has been twice amended, alleged breach of contract, breach of the implied covenant of good faith and fair dealing (resulting in mental and physical distress and reputational damage), recklessness, and promissory estoppel (in other words, that the denial of previously promised protection constitutes a legal infraction on the part of the University). 2/22/25, 5:50 The Wesleyan Argus \| Professor McAlear Files Lawsuit Against University wesleyanargus.com/2019/08/29/professor-mcalear-files-lawsuit-against-university/ 2/4 As compensation for the aforementioned violations, the suit demands an excess of $15,000, including interests and costs. Under the count of breach of contract, the complaint posits the University is in violation of Section 3.1 of the Faculty Handbook, which establishes faculty members\u2019 right to protection from the University. \u201cThe right to abstain from performing acts and the right to be protected against actions that may be harmful to the health or emotional stability of the individual or that degrade the individual or infringe upon his/her personal dignity,\u201d the Faculty Handbook reads. \u201cThis language is directed at all forms of personal harassment including the use or threat of physical violence and physical or nonphysical coercion.\u201d In his original complaint, McAlear claimed that as a result of the distributed posters, he experienced \u201csevere emotional distress,\u201d which he argued is protected against in the Faculty Handbook. McAlear claimed that the subsequent failure of the University to protect him constituted a breach of contract. The University refutes this conclusion, arguing that employers can only be held liable for negligent emotional distress that occurs during the process of an employee\u2019s termination, as established in Perodeau v. Hartford (2002) ( Since McAlear retains his employment status, the University argues that he is not entitled to damages. McAlear has since amended his complaint to remove the count of negligent emotional distress, as well as the count of negligence. On July 12, McAlear amended his complaint to assert that the inflammatory language of the posters, specifically the use of the term \u201csexual predator,\u201d constitutes defamation per se, in that it asserts that McAlear committed a crime involving moral turpitude, i.e. an act that is morally unscrupulous and intrinsically bad. In their motion, the University contends that McAlear\u2019s complaint does not provide proof for all four essential elements of defamation per se claim\u2014a false statement of fact, publication or distribution of this statement, negligence or intentional deceit involved in the publication or distribution of this statement, and injury to reputation caused by this statement\u2014and that McAlear cannot pursue a defamation claim against the University if he cannot name the person responsible for defaming him. While the court will indeed be tasked with determining the presence of the first three elements, Connecticut law ( presumes injury to a person\u2019s reputation in cases of defamation per se. As such, it is unlikely that McAlear will be required to prove special or actual damages. Additionally, the court must decide if McAlear\u2019s defamation claim necessitates the identification of the perpetrator, and, more importantly, whether the University can be held liable for defamatory statements made by its students. In their motion, the University rejects the claim that they could be found vicariously liable for defamation, as McAlear does not provide proof that University employees had any involvement in the publication or circulation of the posters. \u201cThere is not a single allegation that Wesleyan (or any of Wesleyan\u2019s agents) made a false statement of fact regarding Plaintiff,\u201d the motion asserts. While the University\u2019s response states that it considers all factual allegations to be true for the purposes of their motion, they have asked the court to strike all of McAlear\u2019s legal claims on several different bases, as the University contests McAlear\u2019s legal interpretation of the facts\u2014asserting, for example, that McAlear does not provide any proof to support the allegation that the University acted with reckless indifference to his rights \u201cWesleyan denies the allegations contained in Professor McAlear\u2019s complaint and intends to vigorously defend itself,\u201d University Director of Media & Public Relations Lauren Rubenstein wrote in an email to The Argus. \u201cAs is our policy, we will not be commenting further on this active litigation court date is scheduled for September 13, 2019. 2/22/25, 5:50 The Wesleyan Argus \| Professor McAlear Files Lawsuit Against University wesleyanargus.com/2019/08/29/professor-mcalear-files-lawsuit-against-university/ 3/4 Copyright \u00a92023 The Wesleyan Argus \| \uf126 ( Hannah Reale contributed reporting. Emmy Hughes can be reached at [email protected] (mailto:[email protected]) or on Twitter at @spacelover20 ( Erin Hussey can be reached at [email protected] (mailto:[email protected]) or on Twitter at @e_riss ( 1 Comment 1. Red August 31, 2019 at 8:45 am Just wanted to compliment the writers on a very well written and well researched article. Great legal analysis Leave a Reply You must be logged in ( redirect_to=http%3A%2F%2Fwesleyanargus.com%2F2019%2F08%2F29%2Fprofessor-mcalear-files-lawsuit- against-university%2F) to post a comment (HTTPS://TWITTER.COM/WESLEYANARGUS) Tweets by @wesleyanargus ( 2/22/25, 5:50 The Wesleyan Argus \| Professor McAlear Files Lawsuit Against University wesleyanargus.com/2019/08/29/professor-mcalear-files-lawsuit-against-university/ 4/4"}
8,591	Dennis Debungie	Northland College	[ "8591_101.pdf", "8591_102.pdf" ]	{"8591_101.pdf": "22, 2020 Kinne Files Sexual Assault Lawsuit Against Northland College Privacy - Terms Gingras, Thomsen and Wachs Partner Paul Kinne has filed a lawsuit in the Ashland County Circuit Court against Northland College for negligence as it relates to the continued sexual assault of a student by a faculty Depo-Provera Lawsuit: Investigating Claims of Meningioma in Women Online Agent 2/22/25, 5:51 Kinne Files Sexual Assault Lawsuit 1/6 member. Over the course of her freshman and sophomore years (2017-2019) at Northland College, Plaintiff Angel Swann was subjected to assault by Professor Dennis Debungie \u2013 who was hired despite having a publicly available criminal history consisting of First-Degree Burglary, Driving While Intoxicated and Registration of Predatory Offenses. Swann and her mother filed multiple complaints with the college, but the allegations were dismissed and no protection was offered. \u201cColleges have a responsibility to protect their students from coercive sexual relationships initiated by faculty,\u201d said Kinne. \u201cThat responsibility begins at the time of hiring by conducting thorough background checks on prospective faculty members. That responsibility continues once a faculty member has begun his or her employment college must supervise and monitor its faculty members, and it must provide an effective complaint system so students have somewhere to turn.\u201d Swann first met Debungie as a student in his Native American Studies class during the 2017 fall semester. At the start of the spring semester, Debungie asked her, along with another female student, to serve as his student assistants. He also instructed his students to add him as a friend on Snapchat. During her time as his student assistant, Debungie increasingly acted inappropriately toward Swann. He took her on multiple unsupervised trips off campus, some out of the state, where he coerced her into sharing hotel rooms \u2013 and often the same bed. This inappropriate and predatory behavior eventually escalated to include unwanted sexual advances, violent intercourse resulting in bruises on Swann\u2019s arms and neck and illegal recording of sexual encounters without 2/22/25, 5:51 Kinne Files Sexual Assault Lawsuit 2/6 Swann\u2019s knowledge. He additionally began stealing money from Swann that she earned as part of her internship work. During the time of the abuse, after an initial complaint was filed and dismissed, Northland College promoted Debungie to manager of the Indigenous Culture Center \u2013 a coveted position that represents the college\u2019s founding principle to advance Native American studies. On October 23, 2018, Swann\u2019s mother submitted an anonymous email to faculty members Hal Haynes, Leslie Aldrich and Rita Muller \u2013 the second complaint. In the content of the email, she detailed the inappropriate relationship that Debungie was maintaining and included his aforementioned criminal history. The Director of Human Resources, Rita Muller, responded to the email stating that Northland College would investigate the situation. The college once again failed to investigate, and Muller abruptly quit her position soon after the email exchange third complaint was filed by Swann in December of 2018. When the school nurse informed the Dean of Students and Title Coordinator, Hal Haynes, about the situation, he responded don\u2019t want to deal with that right now.\u201d Despite Haynes\u2019s inaction, the school nurse sent Swann to the Title Secretary, Dawn Revard, who gathered preliminary factual information and commenced an investigation. In December of 2018 Northland College informed Ms. Swann that the college would place Debungie on paid administrative leave and issue a no-contact order. After Northland College imposed the no-contact order, Debungie continued to call, text and message Swann. As a result of the prolonged abuse, Swann developed PTSD, depression and anxiety, while also exhibiting behaviors. Her college education was also severely impacted by Debungie\u2019s conduct \u2013 causing her 2/22/25, 5:51 Kinne Files Sexual Assault Lawsuit 3/6 Nationally Recognized Law Firm economic damage. These physical, emotional and psychological injuries were directly caused by the negligent conduct of Northland College in failing to exercise reasonable care in hiring, training and supervising Debungie so as to ensure the safety of Northland College\u2019s students. \u201cIn this case, Northland College failed Angel Swann,\u201d Kinne said. \u201cIt is our hope that justice will be served in the end, and that Angel will be fairly compensated for her ordeal that Northland College could have prevented.\u201d Kinne and our entire team at Gingras, Thomsen and Wachs Lawyers are committed to standing with Swann and fighting for the justice she was continually denied by Northland College Cases News Read the full complaint here 2/22/25, 5:51 Kinne Files Sexual Assault Lawsuit 4/6 101 Putnam Street Box 390 Eau Claire 54703 715-598-3737 8150 Excelsior Drive Madison 53717 608-807-0039 219 Milwaukee Street Suite 520 Milwaukee 53202 414-928-7756 741 Grand Avenue Unit 209 Waukesha 53186 2/22/25, 5:51 Kinne Files Sexual Assault Lawsuit 5/6 414-310-3187 \u00a9 2025 Gingras, Thomsen & Wachs LLP. All rights reserved 855-954-1186 [email protected] ESPA\u00d1OL 2/22/25, 5:51 Kinne Files Sexual Assault Lawsuit 6/6", "8591_102.pdf": "1 SWANN, 107 Geranium Avenue St. Paul 55117 Plaintiff, v. Case No. ________________ Case Code: 30107 COLLEGE, Personal Injury \u2013 Other 1411 Ellis Avenue Ashland 54806 COMPANY, Defendants WISCONSIN: To each person named above as a Defendant: You are hereby notified that the Plaintiff named above has filed a lawsuit or other legal action against you. The Complaint, which is attached, states the nature and basis of the legal action. Within forty-five (45) days of receiving this Summons, you must respond with a written answer, as that term is used in Chapter 802 of the Wisconsin Statutes, to the Complaint. The Court may reject or disregard an answer that does not follow the requirements of the statutes. The answer must be sent or delivered to the Court, whose address is Ashland County Courthouse, 201 Main Street West, Ashland, Wisconsin 54806 and to plaintiff\u2019s attorneys, whose address is 8150 Excelsior Drive, Madison, Wisconsin 53717. You may have an attorney help or represent you. 2 If you do not provide a proper answer within forty-five (45) days, the Court may grant judgment against you for the award of money or other legal action requested in the Complaint, and you may lose your right to object to anything that is or may be incorrect in the Complaint judgment may be enforced as provided by law judgment awarding money may become a lien against any real estate you own now or in the future and may also be enforced by garnishment or seizure of property. Dated this 19th day of May, 2020 Attorneys for Plaintiff Electronically Signed By: /s/ Paul A. Kinne Paul A. Kinne State Bar Number: 1021493 8150 Excelsior Drive Madison 53717 Phone: (608) 833-2632 Fax: (608) 833-2874 Email: [email protected] 1 SWANN, 107 Geranium Avenue St. Paul 55117 Plaintiff, v. Case No. ________________ Case Code: 30107 COLLEGE, Personal Injury \u2013 Other 1411 Ellis Avenue Ashland 54806 COMPANY, Defendants the Plaintiff, Angel Swann, through her attorneys, Gingras, Thomsen & Wachs, by Paul A. Kinne, and hereby allege the following 1. Plaintiff Angel Swann is an adult resident of the State of Minnesota residing at 107 Geranium Avenue West, St. Paul, Minnesota 55117. At the time of conduct described in this Complaint, she was a resident of the State of Wisconsin. 2. Upon information and belief, the Defendant, Northland College, is a private college in the State of Wisconsin. Defendant Northland College is a non-stock corporation incorporated in the State of Wisconsin. At all material times, Defendant Northland College employed individuals who were responsible for providing Ms. Swann with a safe learning 1 environment. The registered agent and office for Defendant Northland College is Todd Vyskocil, 1411 Ellis Avenue, Ashland, Wisconsin 54806. 3. Defendant Insurance Company is a liability insurance company that had in full force and effect, at all material times, a policy of insurance covering Defendant Northland College for the alleged negligence which is the subject of this complaint and is therefore directly liable to the Plaintiff for the below-alleged damages. The registered agent and address for Insurance Company is yet to be determined 4. \u201cNorthland College was founded with a unique ideal to fulfill the educational aspirations of both local immigrants and Native Americans \u2013 particularly the Ojibwe bands in the Lake Superior region.\u201d of-the-icc. 5. In 2011, Northland College created the Indigenous Cultures Center to consolidate the college\u2019s Native American activities and to uphold the college\u2019s founding principle to educate students about Ojibwe culture. 6. Today, six Ojibwe bands remain in the Lake Superior region: Bad River, Lac Courte Oreilles, Lac Du Flambeau, St. Croix, Sokaogan, and Red Cliff. 7. As a member of the White Earth Band of Ojibwe tribe, Angel Swann attended Northland College, located in Ashland, Wisconsin, eager to learn about her cultural history and identity. 8. In September of 2017, Ms. Swann enrolled in Ojibwemowin \u2013 a Native American Studies Course instructed by Professor Dennis Debungie. 2 9. Before the start of the 2017-18 academic year, Defendant Northland College hired Dennis Debungie as an Adjunct Professor in the Native American Studies Department. 10. When Northland College hired Mr. Debungie in 2017, Mr. Debungie was a 40- year-old with a publicly available criminal history comprised of First-Degree Burglary, Driving While Intoxicated, and Registration of Predatory Offenders for committing a felony-level predatory offense. 11. Although Ms. Swann struggled to adjust to her collegiate coursework, she ended the semester none the worse for wear, passing the Ojibwemowin course. 12. To continue her Native American studies, Ms. Swann enrolled in Ojibwemowin and Native American Arts and Cultures in the spring semester of the 2017-18 academic year. 13. Professor Debungie instructed both the Ojibwemowin and the Native American Arts and Cultures courses. 14. At the start of the spring semester, Professor Debungie instructed his students to add him as a friend on Snapchat \u2013 a social media platform \u2013 as a means of communication. 15. In addition, at the start of the spring semester Professor Debungie approached Ms. Swann and another female student, Brittany Brown, and asked the two students to serve as his \u201cstudent assistants\u201d through the semester. 16. Excited, Ms. Swann and Ms. Brown enthusiastically accepted the student assistant positions. 17. As student assistants, Ms. Swann and Ms. Brown ran errands for Professor Debungie, purchasing beading supplies and fabric for the art projects involved in the class and taking on leadership responsibilities in class. 3 18. To thank Ms. Swann and Ms. Brown for their assistance, Professor Debungie would drive the two students to get pizza after class. 19. Upon information and belief, the former Director of the Indigenous Cultures Center, Katrina Wierchowski, warned Ms. Brown to not spend time alone with Professor Debungie. 20. Pursuant to Ms. Wierchowski\u2019s warning, Ms. Brown made sure to always travel with Ms. Swann to get pizza with Professor Debungie. 21. Beginning in February of 2018, Professor Debungie stopped inviting Ms. Brown to get pizza. Instead, Professor Debungie would only drive Ms. Swann to get pizza after class and to see Ashland, Badriver and Red Cliff. 22. Ms. Swann felt uncomfortable being alone with Professor Debungie; while driving home after dinner, Professor Debungie would extend the drive because \u2013 as he would tell Ms. Swan \u2013 he \u201cdidn\u2019t want to go home yet.\u201d 23. On the extended drives home, Professor Debungie and Ms. Swann would discuss their Native American heritage, history, and culture, but Professor Debungie soon began to inappropriately overstep. 24. By March of 2018, Professor Debungie began to personally message Ms. Swann frequently via the Snapchat social media application. 25. Upon information and belief, Professor Debungie would message Ms. Swann, who, recall, was a freshman student at Northland College at this time, at 2:00 in the morning to ask if Ms. Swann was still awake or to complain that his wife had forced him to sleep on the couch after an argument. 4 26. On March 30, 2018, Professor Debungie ostensibly invited the Ojibwemowin class to attend a Big Drum ceremony at the White Earth Reservation. 27. Professor Debungie instructed the students to be ready to leave by 4:00 to make the five-hour drive from Northland College to the Reservation, which is located in northwestern Minnesota. 28. Upon information and belief, Northland College neither sanctioned this trip, trained Professor Debungie on appropriate professorial conduct, nor implemented any supervision measures to protect students from Professor Debungie, who had a history of predatory offenses. 29. When Professor Debungie arrived to pick up Ms. Swann, no other students were present. When Ms. Swann asked whether the rest of the class was joining, Professor Debungie bluntly replied that the students were not ready on time and that the two of them needed to depart for the White Earth Reservation immediately. 30. When Professor Debungie and Ms. Swann reached Duluth, Minnesota, Professor Debungie stopped at Big Bear Casino to gamble. 31. As Professor Debungie and Ms. Swann entered the casino, Professor Debungie commented that he liked Ms. Swann\u2019s leggings. This comment made Ms. Swann feel uncomfortable and afraid for her safety. 32. While Professor Debungie gambled, he shared with Ms. Swann that his wife had cheated on him and forced him out of his home, and that he now lived in his truck. 33. When Professor Debungie finished gambling, he informed Ms. Swann that he had forgotten his insulin at his wife\u2019s home in Ashland. The two began to drive back to Ashland, and Ms. Swann felt frustrated that she would miss the Big Drum ceremony. 5 34. It was late in the evening when Professor Debungie reached Ashland, and he expressed that he did not want to visit his wife\u2019s home and that he wanted to continue to drive with Ms. Swann a little while longer instead. 35. Professor Debungie joked about driving through three states in one day and began to drive toward Michigan\u2019s Upper Peninsula. 36. Around 1:00 on March 31, 2018, Professor Debungie and Ms. Swann were driving toward Michigan when Professor Debungie had yet another change of heart: He turned around and began to drive directly to the White Earth Reservation. 37. At approximately 5:00 AM, the two had reached Bemidji, Minnesota, and Professor Debungie stopped at a Super 8 Hotel to attempt to book a room. 38. Because Professor Debungie was unwilling to provide the hotel manager with his identification, Ms. Swann provided her identification and booked the room under her name. 39. Professor Debungie insisted that he and Ms. Swann sleep in the same bed. 40. At approximately 9:00 on March 31, 2018, the two departed the Super 8 Hotel, drove to the White Earth Reservation, and watched the Big Drum ceremony. 41. Along the Big Drum ceremony typically lasts late into the night, Professor Debungie insisted on leaving after he and Ms. Swann had watched the ceremony for just one hour. 42. Professor Debungie drove Ms. Swann to the Shooting Star Hotel, a hotel located on the White Earth Reservation. 43. Once they settled into the hotel room, Professor Debungie began to watch chiropractic videos. Then, he asked Ms. Swann if she would let him practice the chiropractic maneuvers depicted in the videos on her. 6 44. Ms. Swann rejected Professor Debungie\u2019s request, but Professor Debungie continued to beg Ms. Swann to let him try. 45. After approximately an hour of begging, Ms. Swann relented and allowed him to try. 46. Ms. Swann laid down on her stomach and Professor Debungie sat on top of her. Ms. Swann could feel Professor Debungie\u2019s erect penis on her leg and immediately grew uncomfortable and afraid for her safety. 47. After attempting the chiropractic maneuvers, Professor Debungie climbed off of Ms. Swann and fell asleep. 48. On April 1, 2018, Professor Debungie drove Ms. Swann back to Ashland and dropped her off outside of her dormitory on the Northland College campus. 49. Upon information and belief, between April 2 and April 12, 2018, Professor Debungie contacted Ms. Swann daily. 50. On April 13, 2018, Ms. Swann posted a picture on Snapchat stating that she wanted to get off campus for a few hours. 51. Professor Debungie contacted Ms. Swann soon after she posted the picture and offered to take her to lunch at Black Bear Casino Resort located in Carlton, Minnesota. 52. During the drive to Black Bear Casino Resort, Professor Debungie asked Ms. Swann about the number of sexual partners she had been with, her favorite sex position, and whether Ms. Swann was sexually attracted to him. 53. Professor Debungie drove Ms. Swann down a secluded road on a reservation and began to unbutton and pull down her pants. Ms. Swann repeatedly told her professor that she did 7 not want to have sexual intercourse with him, yet Professor Debungie persisted and the two of them eventually had sexual intercourse. 54. Professor Debungie dropped Ms. Swann off outside of her dormitory at Northland College and commanded her to act normal in front of her classmates. 55. On April 25, 2018, Professor Debungie asked Ms. Swann to join him for a free overnight stay at the Hotel. Ms. Swann agreed to join Professor Debungie. 56. Professor Debungie got extremely violent during sex. Ms. Swann asked him to stop a few times but Professor Debungie refused; he would only get angrier. Professor Debungie left multiple bruises around Ms. Swann\u2019s neck and arms. 57. Professor Debungie would video record himself assaulting Ms. Swann. April 25, 2018 was the first time Professor Debungie took video of Ms. Swann while they were having sex without her permission. Professor Debungie did not stop when Ms. Swann caught him. 58. On May 5, 2018, Professor Debungie drove Ms. Swann to a secluded area of Jay Cooke State Park in Carlton, Minnesota. 59. When the two reached a secluded area, Professor Debungie stopped the truck and began to rub his erect penis on Ms. Swann and plead with her to have sexual intercourse with him. 60. Later that day, rather than drop Ms. Swann off outside of her dormitory, Professor Debungie begged Ms. Swann to spend the night with him in his truck. Ms. Swann agreed. 61. In time, Professor Debungie would be coercing Ms. Swann into spending five nights a week sleeping in Professor Debungie\u2019s truck. 62. Throughout the summer of 2018, Ms. Swann earned a two-week paid internship at the Minnesota Historical Society in St. Paul, Minnesota. 8 63. Upon information and belief, Professor Debungie manipulated and coerced Ms. Swann to leave St. Paul, Minnesota to sleep with him in his truck near Mille Lacs Lake in Minnesota. If Ms. Swann refused, Professor Debungie would call Ms. Swann hurtful and derogatory names until she reluctantly agreed to join him. 64. Upon information and belief, although the internship paid Ms. Swann with a cash stipend, Professor Debungie would steal the cash from Ms. Swann\u2019s wallet. 65. Midway through the summer of 2018, Ms. Swann completed her internship at the Minnesota Historical Society and commenced a second paid internship at the Great Lakes Indian Fish and Wildlife Commission (GLIFWC) in Ashland, Wisconsin. 66. Upon information and belief, after Professor Debungie learned that paid Ms. Swann every two weeks, Professor Debungie would steal Ms. Swann\u2019s debit and credit cards to make personal purchases. 67. Upon information and belief, over the course of the summer of 2018, Professor Debungie stole approximately $6,000 from Ms. Swann. 68. Throughout the summer of 2018, Ms. Swann grew stressed and tired and developed anxiety. Ms. Swann\u2019s mother commented that Ms. Swann had lost weight, and Ms. Swann\u2019s primary care physician instructed her to stop losing weight. 69. Ms. Swann\u2019s work at required her to travel, and provided Ms. Swann with funds to pay for lodging and meals. 70. Upon information and belief, when Ms. Swann travelled as a part of her internship, Professor Debungie would follow Ms. Swan to the hotel to spend the week with Ms. Swann, drinking heavily during the day while Ms. Swann worked and harassing Ms. Swann at night by begging her for money. 9 71. In August of 2018, Ms. Brown reported Professor Debungie\u2019s inappropriate relationship with Ms. Swann to Professor Debungie\u2019s boss, Leslie Aldrich (\u201cAldrich\u201d), the Director of Human Resources Rita Muller, and the Dean of Students Hal Haynes. 72. Soon after Ms. Brown reported the relationship, Aldrich emailed Ms. Swann requesting that Ms. Swann discuss the allegations with Aldrich. 73. Professor Debungie was alongside Ms. Swann when Ms. Swann received Aldrich\u2019s email. 74. Professor Debungie quickly stole Ms. Swann\u2019s cellphone and responded to Aldrich\u2019s email by falsely stating that Professor Debungie and Ms. Swann were cousins. 75. As soon as Ms. Swann was outside the presence of Professor Debungie, she independently responded to Aldrich\u2019s email to schedule a time to meet. 76. Aldrich responded to Ms. Swann by stating that the allegations would be dismissed and that a meeting was unnecessary. 77. By September, 2018 Ms. Swann had commenced her sophomore year at Northland College. 78. Upon information and belief, Professor Debungie coerced Ms. Swann into enrolling in a four-credit independent study course that he taught. 79. Upon information and belief, at the start of the 2018-19 academic year, Professor Debungie convinced Ms. Swann to move into his apartment located in Washburn, Wisconsin. 80. Upon information and belief, Professor Debungie would not let Ms. Swann leave the apartment for classes. 81. Northland College neither trained Professor Debungie to not live with a student nor supervised Professor Debungie to prevent him from living with a student. 10 82. Northland College promoted Professor Debungie to manager of the Indigenous Culture Center \u2013 a coveted position that represents Northland College\u2019s founding principle to advance Native American studies. 83. Upon information and belief, throughout the time that Ms. Swann lived with Professor Debungie, he grew more violent and combative toward her, commanding Ms. Swann to purchase household supplies, coercing Ms. Swann into sexual intercourse, and even forcing Ms. Swann, who was not yet 21 years old at the time, to consume alcohol. 84. Ms. Swann\u2019s mother, Annessia Swann, began to rightfully fear for her daughter\u2019s safety. 85. On October 23, 2018, Annessia Swann, using the title \u201cConcerned Parent,\u201d submitted an anonymous email to Hal Haynes, Leslie Aldrich, and Rita Muller. 86. In the content of the email, Annessia Swann detailed the inappropriate relationship that Professor Debungie was maintaining and included Professor Debungie\u2019s aforementioned publicly available criminal history. 87. Director of Human Resources Rita Muller responded to the email stating that Northland College would investigate the situation. 88. Upon information and belief, Northland College failed to investigate the situation, and Rita Muller abruptly quit her position soon after Annessia Swann\u2019s email. 89. Upon information and belief, after Annessia Swann submitted her email to the Northland College faculty, Professor Debungie complained to Ms. Swann that her mother was ruining his livelihood. 90. Upon information and belief, in December of 2018 Professor Debungie was arrested for driving while intoxicated. 11 91. Upon information and belief, when Ms. Swann returned to the apartment one night in December of 2018, Professor Debungie was intoxicated and highly irritable. 92. Upon information and belief, Professor Debungie offered to make a drink for Ms. Swann and went to the kitchen to prepare it. 93. Upon information and belief, when Professor Debungie entered the kitchen to retrieve another alcoholic beverage for Ms. Swann, Ms. Swann witnessed Professor Debungie pour a powder into her beverage. 94. Witnessing Professor Debungie pour powder into her drink immediately made Ms. Swann fear for her safety, even more than normal. 95. Upon information and belief, when Ms. Swann questioned Professor Debungie about the powder, he became enraged and threw objects around the apartment. 96. Upon information and belief, Professor Debungie eventually passed out. Ms. Swann went to sleep in the other room and escaped the apartment the next morning without her belongings. 97. Ms. Swann returned to the apartment two days later to retrieve her belongings. 98. On or around December 8, 2018, Ms. Swann reported the situation to Northland College for the third time. Ms. Swann reported the situation to Academic Success Coordinator Gina Kirsten. 99. Uncertain how to handle the situation, Gina Kirsten rightfully escorted Ms. Swann to the Northland College school nurse, \u201cTina.\u201d 100. Upon information and belief, when Tina informed the Dean of Students and Title Coordinator Hal Haynes (\u201cHaynes\u201d) about the situation, Haynes responded don\u2019t want to deal with that right now.\u201d 12 101. Despite Haynes\u2019s inaction, Tina sent Ms. Swann to the Title Secretary Dawn Revard, who gathered preliminary factual information from Ms. Swann and commenced an investigation. 102. On or around December 14, 2018, Northland College informed Ms. Swann that the college would place Professor Debungie on paid administrative leave and issue a no-contact order against Professor Debungie, meaning that Professor Debungie was not allowed on campus while Ms. Swann was physically on campus. 103. Upon information and belief, after Northland College imposed the no-contact order, Professor Debungie continued to call, text, and message Ms. Swann. 104. Upon information and belief, Ms. Swann notified Haynes that Professor Debungie tried contacting Ms. Swann after the no-contact order had been placed; Hayes responded that he was giving Professor Debungie the benefit of the doubt and deeming it an accident. 105. In January, 2019 Ms. Swann dropped out of Northland College and moved out from her dormitory room. 106. In the beginning of January of 2019, Ms. Swann attended therapy sessions for abuse victims and people suffering from post-traumatic stress disorder (PTSD). 107. Ms. Swann was soon after diagnosed with PTSD, depression, anxiety, and exhibiting behaviors. 108. Ms. Swann suffered severe emotional damage because Northland College failed to take reasonable and necessary precautions to curb Professor Debugie\u2019s predatory conduct 109. Ms. Swann\u2019s college education was adversely impacted by Professor Debugie\u2019s conduct. The adverse effect upon Ms. Swann\u2019s college education has caused Ms. Swann economical damage. 13 110. Because of Northland College\u2019s aforementioned negligence, Ms. Swann has suffered painful and permanent physical and emotional and psychological injuries. 111. Ms. Swann\u2019s injuries are directly and proximately caused by the negligent conduct of Defendant Northland College in failing to exercise reasonable care in hiring, training, and supervising Professor Debungie so as to ensure the safety of Northland College\u2019s students. 112. At all times material to the subject of this complaint, Defendant Insurance sold a policy of liability insurance to Defendant Northland College indemnifying those injured as a result of Defendant Northland College\u2019s negligence. 113. At all times relevant hereto, Northland College received federal funds. 114. Ms. Swann\u2019s \u201crelationship\u201d with Professor Debungie was not consensual, but instead was the product of him using his power as her instructor to coerce Ms. Swann into having a physical \u201crelationship\u201d with him As and for a first cause of action against Defendant Northland College, the Plaintiff realleges and incorporates the preceding paragraphs and further states: 115. At all times material to this action, Defendant Northland College was negligent in its hiring, training, and supervision of Professor Debungie. 116. Upon information and belief, Dennis Debungie had a history of criminal predatory offenses before Northland College decided to hire him as an Adjunct Professor in the fall of 2017. This conduct demonstrated a dangerous and foreseeable propensity for violence and an unreasonable risk toward students, such as the Plaintiff, Angel Swann. 14 117. Through the exercise of reasonable care, Defendant Northland College knew or should have known of Dennis Debungie\u2019s previous predatory offenses at the time Defendant Northland College hired Dennis Debungie. 118. Defendant Northland College breached its duty to the Plaintiff, Angel Swann, by hiring Dennis Debungie despite his previous predatory offenses. 119. As a direct and proximate result of Defendant Northland College\u2019s negligence, Plaintiff Angel Swann has suffered the injuries and damages described above. 120. As a direct and proximate result of Defendant Northland College\u2019s negligence, Defendants Northland College and Insurance Company are liable for the damages suffered by Plaintiff as described above. WHEREFORE, the Plaintiff prays for the following relief: 1 JURY; 2. Judgment both jointly and severally against Defendants Northland College and Insurance Company in an amount to be proven at trial; 3. All statutory interest; 4. Punitive damages; 5. All costs, disbursements, and reasonable attorney fees; and, 6. Any and all other relief the court deems appropriate in this matter. 15 Dated this 19th day of May, 2020 Attorneys for Plaintiff Electronically Signed By: /s/ Paul A. Kinne Paul A. Kinne State Bar Number: 1021493 8150 Excelsior Drive Madison 53717 Phone: (608) 833-2632 Fax: (608) 833-2874 Email: [email protected]"}
8,458	John Sahr	University of Washington	[ "8458_101.pdf", "8458_102.pdf", "8458_103.pdf", "8458_104.pdf", "8458_105.pdf" ]	{"8458_101.pdf": "December 3, 2020 statement on the termination of professor John Sahr Victor Balta News \u201cIn October 2019, the University of Washington shared information about the results of a University Complaint Investigation and Resolution Office (UCIRO) investigation into alleged sexual misconduct on the part of John Sahr, a professor in the Department of Electrical and Computer Engineering and former interim director of the Robinson Center for Young Scholars. Sahr was immediately placed on home assignment and prohibited from engaging with students or coming to campus and the inquiry began immediately after the allegations were reported to the University. The investigation found inappropriate conduct with students, including a 17-year-old undergraduate who was associated with the Robinson Center. Sahr\u2019s conduct violated Executive Order 31 (the UW\u2019s policy regarding sexual misconduct and other forms of harassment) and the UW\u2019s conflict of interest policies. \u201cDue to the seriousness of the findings of the investigation and pursuant to the University\u2019s faculty code, the Provost initiated a comprehensive adjudication proceeding for tenure removal and termination. The adjudication proceeding has concluded and Sahr\u2019s employment was terminated on Nov. 12, and his tenure has been revoked. \u201cAs we stated previously, the safety of our community is the UW\u2019s highest priority, and this type of conduct cannot be tolerated. While there continues to be no evidence that leads us to believe there are additional students, faculty or staff who were impacted by Sahr\u2019s actions, resources are being provided to students and departments in which Sahr was most directly involved to provide them with needed support and avenues to safely report anything that has not already been made known. \u201cThe decision to terminate any employee is one the University takes with great care and seriousness. The investigation and adjudication process is designed to ensure thorough consideration before a conclusion is reached. This process led to Sahr\u2019s termination, and this action upholds our commitment to providing a safe environment for all students and employees.\u201d \u2013 Victor Balta spokesperson 2/22/25, 5:52 statement on the termination of professor John Sahr News 1/4 The University of Washington is committed to preventing sexual assault, misconduct and harassment. Resources \u2013 including ways to get support and information on how to report sexual assault to law enforcement and/or the University \u2013 are available at uw.edu/sexualassault. 0 Read more from the News Blog Search for Weather Artificial intelligence Wildfires and Smoke Full directory Browse 2/22/25, 5:52 statement on the termination of professor John Sahr News 2/4 Latest news releases Coffee grounds and Reishi mushroom spores can be 3D printed into a compostable alternative to plastics 3 days ago Three scientists named Sloan Fellows 3 days ago Whale poop contains iron that may have helped fertilize past oceans 2 weeks ago More Subscribe Today Daily Today Week in Review First Name Last Name Email Sign Up * All fields are required For employees 2/22/25, 5:52 statement on the termination of professor John Sahr News 3/4 2/22/25, 5:52 statement on the termination of professor John Sahr News 4/4", "8458_102.pdf": "October 2, 2019 statement on investigation into the conduct of professor John Sahr Victor Balta News \u201cThe University of Washington was made aware in February 2019 of alleged sexual misconduct on the part of John Sahr, a professor in the Department of Electrical and Computer Engineering and former interim director of the Robinson Center for Young Scholars. Sahr was immediately placed on home assignment and prohibited from engaging with students or coming to campus while an investigation took place through the University Complaint Investigation and Resolution Office (UCIRO), pursuant to Faculty Code 25-71. The investigation has found inappropriate conduct with two students, including a 17-year-old undergraduate who was a Robinson Center student when Sahr was interim director from 2008 to 2010. Sahr\u2019s conduct violated Executive Order 31 (the UW\u2019s policy regarding sexual misconduct and other forms of harassment) and the UW\u2019s conflict of interest policies. \u201cGiven the seriousness of the allegations and the investigation\u2019s findings, Sahr remains prohibited from coming to campus and engaging with students indefinitely will prepare a written report for the Provost, who has the authority to initiate adjudication proceedings for tenure removal and termination. \u201cThe safety of our community is the UW\u2019s highest priority and this type of conduct cannot be tolerated. While we have no evidence that leads us to believe there are additional students, faculty or staff who were impacted by Sahr\u2019s actions, resources are being provided to departments and students in which Sahr was most directly involved to provide them with needed support and avenues to safely report anything that has not already been made known.\u201d \u2013 Victor Balta spokesperson The University of Washington is committed to preventing sexual assault, misconduct and harassment. Resources \u2013 including ways to get support and information on how to report sexual assault to law enforcement and/or the University \u2013 are available at uw.edu/sexualassault. 2/22/25, 5:52 statement on investigation into the conduct of professor John Sahr News 1/3 113 Search for Weather Artificial intelligence Wildfires and Smoke Full directory Browse Latest news releases Coffee grounds and Reishi mushroom spores can be 3D printed into a compostable alternative to plastics 3 days ago Three scientists named Sloan Fellows 3 days ago Whale poop contains iron that may have helped fertilize past oceans 2/22/25, 5:52 statement on investigation into the conduct of professor John Sahr News 2/3 2 weeks ago More Subscribe Today Daily Today Week in Review First Name Last Name Email Sign Up * All fields are required For employees 2/22/25, 5:52 statement on investigation into the conduct of professor John Sahr News 3/3", "8458_103.pdf": "Washington professor fired for sexual contact with 17-year- old December 5, 2020 at 7:34 University of Washington professor was fired last month for having sexual contact with a 17-year-old undergraduate student. John Sahr was investigated in 2019, placed on home leave and prevented from contacting students, a university spokesman said Thursday. He remained on staff and with tenure until he was canned Nov. 12, 2020. University of Washington in Seattle. University of Washington in Seattle. (Shutterstock 2/22/25, 5:52 Washington professor fired for sexual contact with 17-year-old 1/7 Advertisement Advertisement The student was a member of a young scholars program, which allowed students younger than traditional college age to enroll at the university. Sahr was in charge of the program from 2008 to 2010, when he initiated the illegal relationship. Washington forwarded its evidence to King County prosecutors, but they declined to press charges, the Seattle Times reported. Prosecutors said the victim did not want to participate in their investigation and the statute of limitations had expired. Years earlier, Sahr also had an inappropriate relationship with a graduate student that violated the university\u2019s conflict of interest policies. University spokesman Victor Balta said \u201cno evidence that leads us to believe there are additional students, faculty or staff who were impacted by Sahr\u2019s actions.\u201d 2/22/25, 5:52 Washington professor fired for sexual contact with 17-year-old 2/7 Advertisement Related articles 2/22/25, 5:52 Washington professor fired for sexual contact with 17-year-old 3/7 Advertisement 2/22/25, 5:52 Washington professor fired for sexual contact with 17-year-old 4/7 Advertisement Related articles 2/22/25, 5:52 Washington professor fired for sexual contact with 17-year-old 5/7 Advertisement 2/22/25, 5:52 Washington professor fired for sexual contact with 17-year-old 6/7 Advertisement Related articles Advertisement 2/22/25, 5:52 Washington professor fired for sexual contact with 17-year-old 7/7", "8458_104.pdf": "professor fired after investigation finds sexual misconduct with 17-year-old student Dec. 4, 2020 Updated Fri., Dec. 4, 2020 at 8:37 p.m. By Asia Fields Seattle Times The University of Washington has fired a professor and former director of its young scholars program, after finding last year that he exploited his position to have \u201cinappropriate sexual contact\u201d with a 17-year-old student in the program. The university\u2019s investigative office found John D. Sahr began communicating with the student when he was associate dean for undergraduate academic affairs, and that he initiated sexual contact while serving as interim director of the Robinson Center for Young Scholars between 2008 and 2010. Investigators also found that Sahr had a relationship with a graduate student that violated policy against conflicts of interest. The university announced Thursday that Sahr\u2019s termination was finalized and his tenure was revoked. The case involving the former Robinson Center student was also sent to prosecutors, who declined to bring charges because it was outside the statute of limitations and the former student did not wish to participate, according to records from the King County Prosecuting Attorney\u2019s Office. \u201cThe safety of our community is the UW\u2019s highest priority, and this type of conduct cannot be tolerated,\u201d university spokesperson Victor Balta said in a statement. \u201cWhile there continues to be no evidence that leads us to believe there are additional students, faculty or staff who were impacted by Sahr\u2019s actions,\u201d the provided those Washington Idaho > Menu Search News Sports Business Weather 2/22/25, 5:52 professor fired after investigation finds sexual misconduct with 17-year-old student 1/6 who worked closely with Sahr information about how to report \u201canything that has not already been made known,\u201d Balta said. Sahr, an electrical engineering professor who started working for the university in 1991, had been on home assignment and prohibited from contacting students since last year. He did not immediately respond to a request for comment. In previous messages to a Seattle Times reporter, Sahr denied that what occurred was sexual harassment, while also referring to himself as a \u201cscumbag.\u201d The university began investigating early last year, after a woman reported what happened with Sahr a decade prior, when she was 17 and he was 46. She told university officials they had sex on two occasions, which was later corroborated through messages. She said she did not feel forced at the time, but later realized that what Sahr did was wrong, according to a University of Washington police report. \u201cNow that I\u2019m older think he should have had different professional boundaries,\u201d she said, according to the report don\u2019t think as a professor he should be engaging in sex with students.\u201d The University Complaint Investigation and Resolution Office, which investigates complaints of misconduct by employees, ultimately found that \u201cthe combination of her underage status and Dr. Sahr\u2019s utilization of his position as Associate Dean and leader of the Robinson Center rendered invalid whatever consent he obtained to engage with her sexually.\u201d The office reviewed more than 580 messages between the former student and Sahr, as well as Sahr\u2019s emails and hard drive. According to the messages, which were obtained through a public records request, the two began talking over Craigslist in May 2008. She disclosed her age, and Sahr explained that he was a professor and \u201csecond in command of all the undergraduates.\u201d About a week later, Sahr learned that the student was in the Robinson Center\u2019s early entrance program, which allows students to enroll as undergraduates in the ninth grade. He shared that he was to become interim director of the center in a few days, a position that would give him some level of oversight over a scholarship she had applied for. 2/22/25, 5:52 professor fired after investigation finds sexual misconduct with 17-year-old student 2/6 The messages from Sahr became sexual, and he invited the student to his house two weeks after contacting her. He later told investigators that he did not initiate sexual contact that night but did regret it happened. The investigator \u201cfound none of the assertations credible,\u201d as Sahr\u2019s messages detail how he initiated contact. In a message to the student a week after, Sahr said spent the rest of the day (and quite a bit of subsequent days) thinking don\u2019t feel a single atom of guilt, or remorse.\u2019\u201d They met one other time on campus, where the student said sexual misconduct occurred again. In messages to the student, Sahr also discussed other sexual encounters, including with a graduate student he advised; he also served as the chair of that student\u2019s dissertation. The investigator could not determine if their relationship started after the dissertation defense, as Sahr claimed, but found it was a conflict of interest as he did not recuse himself. The university concluded its investigation last October. The sanctions were not finalized until this week in accordance with the university\u2019s lengthy disciplinary procedure that allowed Sahr to defend himself and appeal the decision. The university\u2019s transparency in this case is highly unusual, as schools usually do not publicize the results of internal investigations into employees, even when the misconduct could rise to the level of a crime. The university has repeatedly referred to the seriousness of the case in its statements. Local journalism is essential. Give directly to The Spokesman-Review's Northwest Passages community forums series -- which helps to offset the costs of several reporter and editor positions at the newspaper -- by using the easy options below. Gifts processed in this system are not tax deductible, but are predominately used to help meet the local financial requirements needed to receive national matching-grant funds. Active Person 2/22/25, 5:52 professor fired after investigation finds sexual misconduct with 17-year-old student 3/6 Subscribe now to get breaking news alerts in your email inbox Get breaking news delivered to your inbox as it happens. Sign up 2/22/25, 5:52 professor fired after investigation finds sexual misconduct with 17-year-old student 4/6 Washington state nears goal for housing formerly homeless people End of a tradition: Camp Fire Inland Northwest stopping candy sales Spokane area should see more snow, then warming trend Federal workers across the Northwest are being fired by the Trump administration. They warn of impacts to wildfires, science and historic landmarks 2/22/25, 5:52 professor fired after investigation finds sexual misconduct with 17-year-old student 5/6 Statewide and regional programs supporting rural behavioral health in Washington state Access to mental health care provides essential intervention for those in need of support, especially when care is localized and culturally relevant. \u00a9 Copyright 2016,The Spokesman-Review 2/22/25, 5:52 professor fired after investigation finds sexual misconduct with 17-year-old student 6/6", "8458_105.pdf": "(AP) \u2014 The University of Washington has fired a professor and former director of its young scholars program, after finding he exploited his position to have \u201cinappropriate sexual contact\u201d with a 17-year-old student. The university\u2019s investigative office found John D. Sahr started communicating with the student when he was associate dean for undergraduate academic affairs, The Seattle Times reported. He initiated sexual contact while serving as interim director of the Robinson Center for Young Scholars between 2008 and 2010, investigators found. They also found that Sahr had a relationship with a graduate student that violated policy against conflicts of interest. Sahr\u2019s termination was finalized and his tenure was revoked, the university announced Thursday. The case involving the former Robinson Center student was sent to prosecutors, who declined to bring charges because it was past the statute of limitations and the former student did not wish to participate, according to King County Prosecuting Attorney\u2019s Office records. \u201cThe safety of our community is the UW\u2019s highest priority, and this type of conduct cannot be tolerated,\u201d university spokesperson Victor Balta said in a statement. Sahr, an electrical engineering professor who started working for the university in 1991, was on home assignment since last year and prohibited from contacting students. He did not immediately respond to a request for comment. In previous messages to a Seattle Times reporter, Sahr denied that what occurred was sexual harassment, while also referring to himself as a \u201cscumbag professor fired for sexual misconduct involving student Published 8:30 CST, December 5, 2020 Maine governor Ind vs Pak Postal Service Luigi draws crowd Jerry Butler dies 2/22/25, 5:52 professor fired for sexual misconduct involving student News 1/3 Trump fires Joint Chiefs of Staff chair Brown and 2 other military officers Trump\u2019s attempts to denigrate Zelenskyy have led to a surge in Ukrainian unity Singer of Canadian anthem at 4 Nations Face-Off changes lyric to protest Trump\u2019s 51st state remarks Judge largely blocks Trump\u2019s executive orders ending federal support for programs 1 2 3 4 2/22/25, 5:52 professor fired for sexual misconduct involving student News 2/3 Senate Republicans approve budget framework, pushing past Democratic objections after all-night vote 5 2/22/25, 5:52 professor fired for sexual misconduct involving student News 3/3"}
7,459	Shuaib Ahmad	North Carolina State University	[ "7459_101.pdf", "7459_102.pdf", "7459_103.pdf", "7459_104.pdf", "7459_105.pdf", "7459_106.pdf" ]	{"7459_101.pdf": "v (2008) Court of Appeals of North Carolina. Evalyn GONZALES, Plaintiff, v UNIVERSITY, Defendant. No. COA07-87. Decided: April 15, 2008 Kennedy, Kennedy, Kennedy & Kennedy, by Harvey L. Kennedy and Harold L. Kennedy, Winston-Salem, for plaintiff. Attorney General Roy Cooper, by Tina Lloyd Hlabse, Raleigh, for defendant. Dr. Shuaib Ahmad, an employee of North Carolina State University (defendant or NCSU), joined the faculty as an assistant professor in 1980. In 1986, Ahmad was promoted to associate professor, and in 1991 he became a professor. Ahmad became the Director of the Construction Facilities Laboratory on Centennial Campus in the 1996-97 academic year. During the 1987-88 school year, Ahmad sexually harassed Martha Brinson, NCSU's Director of Communications in the College of Engineering. On the day after the incident, Brinson reported the conduct to her immediate supervisor, Jenna Rayfield. Rayfield referred Brinson to Dr. Larry Monteith, who was, at that time, the Dean of the College of Engineering. Brinson went to Monteith that day and reiterated her complaint. Although Monteith suggested that Brinson file a formal complaint with Billie Richardson, NCSU's sexual harassment officer, she declined to do so. Her decision was based both on Richardson's dismissive attitude regarding her previous report of a \u201cpeeping Tom,\u201d and on a desire to protect her privacy. In 1988 or 1989, Dr. Downey Brill became Dean of the College of Civil Engineering, and Brinson again reported Ahmad's conduct, calling Ahmad \u201ca monster.\u201d Brill asked if Brinson had \uf002 / / / / Find a Lawyer Legal Forms & Services \uf107 Learn About the Law \uf107 Legal Professionals \uf107 Blogs 2/22/25, 5:53 v (2008) \| FindLaw 1/12 filed a report, and she told him that although she had reported the incident before, she had not filed a formal complaint because she wished the matter to remain confidential. Kathy A. Wood (plaintiff Wood) 1 attended from 1993-98, majoring in civil engineering and environmental engineering. In May of 1996, Ahmad hired plaintiff Wood to serve as a research assistant. Shortly thereafter, Ahmad began to sexually harass plaintiff Wood. Despite Ahmad's request that she continue working with him, plaintiff Wood left her job in August of 1996 as a result of the harassment. She refused to have anything to do with Ahmad, including taking his class in structural engineering, which, because the class was required, resulted in her inability to continue in her curriculum. Plaintiff Wood also reported Ahmad's conduct to Leslie Dare, who was NCSU's sexual harassment officer at that time. After reporting Ahmad's conduct, plaintiff Wood discovered that Ahmad had harassed other students and employees in the past. Evalyn Gonzales (plaintiff Gonzales) attended beginning in 1993. She graduated with a degree in engineering, and, pursuant to her plan to attend graduate school, applied for a job as a research assistant. Ahmad contacted plaintiff Gonzales and offered her a job. Plaintiff Gonzales interviewed with Ahmad, who \u201ctold her that he liked her because her skin color was the same as his.\u201d At some later point, plaintiff Gonzales, who had also applied for other jobs, contacted Ahmad about the job again. He told her that he would discuss the position over coffee, and offered to pick plaintiff Gonzales up at her apartment. Plaintiff Gonzales instead offered to meet Ahmad on campus. Ahmad therefore met her on campus, where plaintiff Gonzales got into his car and he told her that they could talk over lunch. Rather than discussing plaintiff Gonzales' job prospects, however, Ahmad instead pursued a range of personal topics including his troubled marriage, whether plaintiff Gonzales had a boyfriend, his knowledge of massage techniques, and the potential for the two to go to the movies. After lunch, rather than returning plaintiff Gonzales to campus, Ahmad brought her to Lake Johnson and told her to take a walk with him. During the walk, Ahmad began to touch plaintiff Gonzales inappropriately. She objected, yelling \u201cthis isn't okay!\u201d Ahmad continued his advances, and plaintiff Gonzales continued to object. Ahmad then abruptly changed the subject and took plaintiff Gonzales back to campus. They did not speak on the way back, but as plaintiff Gonzales exited the car, Ahmad told her that he would instruct his secretary to draft the paperwork needed to hire her as his research assistant. Plaintiff Gonzales went immediately to her boyfriend's office and told him what had occurred. He told her to report the matter. Shortly thereafter, plaintiff Gonzales spoke with one of Ahmad's former employees, Tony Modesta. Modesta suggested that plaintiff Gonzales should speak to plaintiff Wood. When plaintiff Gonzales contacted plaintiff Wood, the two compared their experiences. Plaintiff Wood suggested that plaintiff Gonzales write down what had happened, and told plaintiff Gonzales of another woman that Ahmad had allegedly harassed. 2/22/25, 5:53 v (2008) \| FindLaw 2/12 Plaintiff Gonzales also contacted a former professor, who referred her to Dare. Dare told plaintiff Gonzales to file a formal complaint, and represented to plaintiff Gonzales \u201cthat she was the first person to make a sexual harassment complaint with the University regarding Dr. Ahmad.\u201d Dr. Tony Mitchell, who helped Dare in the investigation of both plaintiffs' complaints, spoke with Brill. Brill informed Mitchell of the incident ten years before involving Brinson. Mitchell contacted Brinson, informed her of the new complaints, and requested that she make a written record of her own experience. Brinson provided Dare a written complaint to assist in the investigation. Through their investigative efforts, Dare and Mitchell discovered at least eight additional women who Ahmad had sexually harassed from 1986-97. As a result of the investigation, Provost and Vice Chancellor for Academic Affairs Phillip J. Stiles told Ahmad that he intended to fire Ahmad and that Ahmad had ten days in which \u201cto make a written request for either a specification of reasons or a hearing.\u201d Although Ahmad did not respond within the designated time period did not fire him. Instead, the university allowed Ahmad to resign, agreed to pay him his salary for the balance of the school year, and agreed \u201cto place a \u2018neutral\u2019 letter of reference in [his] personnel file.\u201d After informing both plaintiffs about the agreement, university officials refused to communicate further with plaintiffs. On 28 May 1999, plaintiffs filed tort claims against NCSU, alleging negligent infliction of mental and emotional distress on Ahmad's part and negligent retention and supervision of Ahmad on NCSU's part. Deputy Commissioner George T. Glenn, II, filed a Decision and Order in plaintiffs' favor on 24 June 2005, and appealed to the Full Commission. On 21 July 2006, the Full Commission affirmed, with slight modifications, the Deputy Commissioner's Decision and Order now appeals to this Court. Preliminarily, we note the appropriate standard of review: The standard of review for an appeal from the Full Commission's decision under the Tort Claims Act shall be for errors of law only under the same terms and conditions as govern appeals in ordinary civil actions, and the findings of fact of the Commission shall be conclusive if there is any competent evidence to support them. As long as there is competent evidence in support of the Commission's decision, it does not matter that there is evidence supporting a contrary finding. The court's duty goes no further than to determine whether the record contains any evidence tending to support the finding. Thus, when considering an appeal from the Commission, our Court is limited to two questions: (1) whether competent evidence exists to support the Commission's findings of fact, and (2) whether the Commission's findings of fact justify its conclusions of law and decision. Simmons v. Columbus Cty. Bd. of Educ., 171 N.C.App. 725, 727-28, 615 S.E.2d 69, 72 (2005) (quotations and citations omitted). 2/22/25, 5:53 v (2008) \| FindLaw 3/12 In its first argument on appeal avers that the Full Commission erred because there was no competent evidence to support its finding of negligence. We disagree. Specifically claims that the Full Commission erred in finding \u201cthat breached its duty to plaintiffs and proximately caused plaintiffs' alleged damages argues that although it might have breached a duty to Brinson, there was no evidence to show that that breach proximately caused injury to plaintiffs. Accordingly submits that \u201c[p]laintiffs have erroneously attempted to extrapolate and apply the duty owed to Brinson to their claims \u2024 [without producing] any competent evidence that breached any duty owed to them primarily argues that Ahmad's earlier harassment of Brinson was not the proximate cause of plaintiffs' injuries. This misses the point. It was not Ahmad's conduct towards Brinson that opens to liability. Rather, it was NCSU's failure to properly respond to the earlier harassment that was the proximate cause of plaintiffs' injuries. This Court has defined proximate cause as: a cause which in natural and continuous sequence, unbroken by any new and independent cause, produced the plaintiff's injuries, and without which the injuries would not have occurred, and one from which a person of ordinary prudence could have reasonably foreseen that such a result, or consequences of a generally injurious nature, was probable under all the facts as they existed. Loftis v. Little League Baseball, Inc., 169 N.C.App. 219, 222, 609 S.E.2d 481, 484 (2005) (citation and emphasis omitted). In this case, Brinson complained of Ahmad's actions ten years prior to his harassment of plaintiffs. Nevertheless took no corrective action suggests that because Brinson refused to file a formal complaint, it could not move forward in an investigation. We find this suggestion implausible. With or without a formal complaint, numerous members of the university's administration were aware of the allegations. The Full Commission found as fact, supported by expert witness Debra Ragan Jessup's testimony, that failed to follow its own guidelines claims that \u201c[w]ithout substantiation of Brinson's allegations could not take any negative employment action against Ahmad.\u201d Nevertheless could and should have requested a written complaint, made written documentation of Brinson's oral complaint, and conducted a further investigation to determine the veracity of the claim. Any of these actions could have forestalled Ahmad's subsequent misconduct. Moreover, NCSU's \u201cpattern of ignoring complaints of sexual misconduct and threatening behavior,\u201d as the Full Commission noted in reference to the administration's dismissive attitude regarding the \u201cpeeping Tom\u201d incident that Brinson reported and the fact that the \u201cpeeping Tom\u201d in question was allowed to haunt the campus for sixteen years, \u201cshows institutional indifference and a lack of concern\u201d on 2/22/25, 5:53 v (2008) \| FindLaw 4/12 NCSU's part. \u201c[A] person of ordinary prudence could have reasonably foreseen\u201d that such indifference could lead to unreported sexual misconduct and the eventual injuries suffered by plaintiffs. Id also claims that the ten year time period is simply too long to allow a causal connection. We agree that the time lapse is troubling. However, the Full Commission found that Ahmad continued to harass female students in the intervening time, listing seven women by name in addition to plaintiffs cannot, by turning a blind eye to reported misdeeds, hope to escape liability based on subsequent victims' failures to report later bad behavior is correct that Ahmad might have been exonerated had it conducted a proper investigation. However, having failed to take the proper steps to investigate should have reasonably foreseen that \u201cconsequences of a generally injurious nature \u2024 [were] probable under all the facts as they existed.\u201d Id. We note NCSU's claim that expert witness Jessup's testimony incorrectly relied on case law from this Court. However, we find NCSU's characterization of Jessup's testimony unpersuasive. Jessup testified as an expert in the field of human resources that failed to follow its own sexual harassment guidelines, that the guidelines themselves were defective in that they did not require the immediate initiation of an investigation and follow up, and that failed in its duty to properly disseminate its sexual harassment policy. NCSU's suggestion that plaintiffs' claims \u201chinge upon their interpretation of Hogan v. Forsyth Country Club Co., 79 N.C.App. 483, 340 S.E.2d 116 (1986),\u201d is simply incorrect. Although Jessup's testimony did deal, in part, with that case, it was only for the proposition that \u201cthe knowledge by an agent and/or manager was imputed to the employer.\u201d 2 NCSU's arguments regarding negligent supervision and negligent infliction of emotional distress are essentially the same as its arguments above: that without a formal complaint on Brinson's part, no investigation could be pursued. We reject this contention as we did above; Brinson's failure to submit a formal complaint did not absolve of responsibility next attacks the Industrial Commission's assertion of jurisdiction over plaintiffs' claims of ratification. We agree that the Industrial Commission overstepped its bounds by addressing this theory of recovery; \u201cthe Tort Claims Act allows a suit against the State only for ordinary negligence in the forum of the Industrial Commission.\u201d Collins v. N.C. Parole Comm'n, 118 N.C.App. 544, 548, 456 S.E.2d 333, 336 (1995). However, having already held that the Full Commission was correct in its determination of negligence, it is unnecessary to address the issue of ratification. Accordingly, although the Industrial Commission lacked jurisdiction over the ratification claim, the error was of no consequence. We therefore modify the decision and order to remove that part which addresses plaintiffs' theory of ratification, while leaving intact the remainder of the decision and order. Finally claims that the Full Commission abused its discretion in its award of $150,000.00 to each plaintiff because there was no competent evidence on damages. We disagree. 2/22/25, 5:53 v (2008) \| FindLaw 5/12 \u201cThe amount of damages awarded is a matter within the discretion of the Commission. The Commission's order may not be disturbed unless, in view of the Commission's findings as to the nature and extent of the injury, the award is so large as to shock the conscience.\u201d Jackson v. N.C. Dep't of Crime Control & Pub. Safety, 97 N.C.App. 425, 432, 388 S.E.2d 770, 774 (1990) (citation omitted). In this case, plaintiffs presented expert testimony on the issue of damages from both Rosemary Smith Nelson, Ph.D., and Dr. Gary Albrecht. The Full Commission was entitled to rely on the evidence presented and accord it the weight that the Full Commission deemed proper. We will not substitute our judgment for the Full Commission's. See Fennell v. N.C. Dep't of Crime Control & Pub. Safety, 145 N.C.App. 584, 589-90, 551 S.E.2d 486, 490 (2001) (\u201cOn appeal, this Court does not have the right to weigh the evidence and decide the issue on the basis of its weight. The Court's duty goes no further than to determine whether the record contains any evidence tending to support the finding.\u201d) (quotations and citations omitted). There was \u201cevidence tending to support the finding\u201d in this case. Id. The Full Commission therefore did not err in its award of damages. We affirm the Full Commission's decision and order, modified to exclude the sections that address plaintiffs' claims of ratification, over which the Full Commission improperly exercised jurisdiction. Affirmed as modified. Chief Judge and Judge concur 1. Wood is the plaintiff in a companion case, Wood v. North Carolina State University, COA-07-88, 2008 1722993. 2. Because it does not appear that the Full Commission relied to any extent on Jessup's testimony regarding Title of the Civil Rights Act of 1964, we decline to address NCSU's arguments regarding that statute. ELMORE, Judge. Was this helpful? Yes No 2/22/25, 5:53 v (2008) \| FindLaw 6/12 Welcome to FindLaw's Cases & Codes free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law. Go to Learn About the Law v (2008) Docket No: No. COA07-87. Decided: April 15, 2008 Court: Court of Appeals of North Carolina. 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Terms > \| Privacy > \| Disclaimer > \| Cookies > 2/22/25, 5:53 v (2008) \| FindLaw 12/12", "7459_102.pdf": "Ten women say they were harassed by a professor. They say they were victimized because of the university's negligence. Raleigh -- North Carolina State University has to pay $300,000 to two research assistants who were among ten women a professor allegedly harassed over the course of a decade. Evalyn Gonzales and Kathy Wood sued State a deputy commissioner with the state Industrial Commission ruled in their favor last week. The two women worked for Shuaib Ahmad, a civil engineering professor who has left the university. The commission's order says university officials, including former Chancellor Larry Monteith, learned in 1987 that Ahmad was accused of sexual harassment. Ahmad was later promoted to full professor and named head of a research laboratory. When Gonzales and Wood made their accusations in 1997 State allowed Ahmad to resign and gave him a positive recommendation letter deputy commissioner says ten women were victimized because of the school's negligence in the time between the first complaint and the lawsuit State University To Pay $300,000 Sexual Harassment Fine Author: WFMYStaff Published: 11:36 July 1, 2005 Updated: 12:44 July 1, 2005 Guilford County stuck with $100,000 repair after companies refuse to take responsibility \| 2 Wants to Know Ad 1 of 1 Ad 1 of 1 Close Ad 2/22/25, 5:53 State University To Pay $300,000 Sexual Harassment Fine \| wfmynews2.com 1/3 War Thunder \| Sponsored Play War Thunder now for free Fight in over 2000 unique and authentic Vehicles. Fight on Land, on Water and in the Air. Join the most comprehensive vehicular combat game. Over 2000 tanks, ships and aircraft. Play Now Techno Mag \| Sponsored Crossout \| Sponsored Crossout: New Apocalyptic Check out the new Crossout 2.0 for free. Discover PvP and PvE in our upgraded Action MMO. Countless unique Vehicles, PvE and PvP, Trading. Are you ready? Destroy vehicles your opponent took hours to \u2026 Play Now Access all channels anywhere, anytime War Thunder \| Sponsored Join new Free to Play War Thunder Fight in over 2000 unique and authentic Vehicles. Fight on Land, on Water and in the Air. Join the most comprehensive vehicular combat game. Over 2000 tanks, ships and aircraft. Play Now Techno Mag \| Sponsored Crossout \| Sponsored Crossout 2.0: Supercharged Check out the new Crossout 2.0 for free. Discover PvP and PvE in our upgraded Action MMO. Countless unique Vehicles, PvE and PvP, Trading. Are you ready? Destroy vehicles your opponent took hours to \u2026 Play Now All Channels for Only $49 (Buy Now Report favoring Carolina North to replace Dean E. Smith Center 2/22/25, 5:53 State University To Pay $300,000 Sexual Harassment Fine \| wfmynews2.com 2/3 Still no leads: Family seeks justice for North Carolina student killed in 2022 ARTICLE... 2/22/25, 5:53 State University To Pay $300,000 Sexual Harassment Fine \| wfmynews2.com 3/3", "7459_103.pdf": "Panel rules in favor of students in harassment case Associated Press Published 12:01 a.m July 2, 2005 - Two research assistants who sued N.C. State University over sexual harassment by a civil engineering professor will be paid $300,000, a state judicial panel has ruled. Evalyn Gonzales and Kathy A. Wood had worked for Shuaib Ahmad, a civil engineering professor who has left the university. When Ms. Gonzales and Ms. Wood made their accusations in 1997, the university allowed Dr. Ahmad to resign and gave him a positive recommendation letter. The university also promoted Dr. Ahmad to full professor after the allegations were made and paid him the rest of his $80,710 salary, according to the order issued last week by the state Industrial Commission. According to the order, Dr. Ahmad engaged in palm reading and neck rubs and hugs, put his hands under one woman\u2019s shorts and tried to unbutton another\u2019s blouse. Dr. Ahmad asked one woman to go to the beach with him for a weekend and once offered her an aphrodisiac nut. N.C. State refused comment on the order because it is appealing it, but university spokeswoman Deborah Griffin said N.C. State doesn\u2019t tolerate sexual harassment. Neither victim wanted to comment, said their attorney. In the 10 years between the first complaint and the lawsuit, 10 women were victimized because of the university\u2019s negligence, Deputy Commissioner George T. Glenn said in the order. Mr. Glenn also said the university had a pattern of ignoring sexual misconduct. 2/22/25, 5:53 Panel rules in favor of students in harassment case 1/1", "7459_104.pdf": "bad9-f05579f488e9.html Court of Appeals upholds money for sexual harassment victims Staff Report Apr 16, 2008 The North Carolina Court of Appeals upheld a decision to give two former students $150,000 each after they were sexually harassed by a former professor, according to the North Carolina Court of Appeals report on the case released Tuesday. The State Industrial Commission had rewarded Kathy Wood and Evalyn Gonzalez $300,000 in 2006, after hearing a case in which Shuaib Ahmad, a faculty member from 1980 to 1997, had harassed them and other women numerous times throughout his career at N.C. State. In the court's opinion, it said \"took no corrective action\" after learning of Ahmad's actions before he harassed the two plaintiffs, according to the report. Ahmad sexually harassed Martha Brinson, former director of communications in the college of engineering, in the 1987-1988 school year, the ruling said. But Brinson did not file a formal complaint because of then-sexual harassment officer Billie Richardson's \"dismissive attitude\" and her desire to protect her privacy, the report stated suggests that because Brinson refused to file a formal complaint, it could not move forward in an investigation...,\" the ruling stated. \"We find this suggestion implausible. With or without a formal complaint, numerous members of the University's administration were aware of the allegations.\" Ahmad hired Wood as a research assistant in 1996 and began sexually harassing her, which led to her quitting the job, according to the report. \"After reporting Ahmad's conduct, plaintiff Wood discovered that Ahmad had harassed other students and employees in the past,\" the ruling stated. 2/22/25, 5:54 Court of Appeals upholds money for sexual harassment victims \| \| technicianonline.com 1/2 Ahmad harassed Gonzales after offering her a job as research assistant, and she made the first formal complaint against Ahmad, the report stated did not fire him, instead allowing him to resign, and agreeing to \"to place a 'neutral' letter of reference in [his] personal file,\" the ruling stated. 2/22/25, 5:54 Court of Appeals upholds money for sexual harassment victims \| \| technicianonline.com 2/2", "7459_105.pdf": "From Casetext: Smarter Legal Research Wood v. North Carolina State University North Carolina Industrial Commission Jul 1, 2006 I.C. NO. TA-16036 (N.C. Ind. Comn. Jul. 1, 2006) Copy Citation Download Check Treatment Meet CoCounsel, pioneering that\u2019s secure, reliable, and trained for the law. Try CoCounsel free I.C. NO. TA-16036 Filed 21 July 2006 This matter was reviewed by the Full Commission on March 16, 2006 upon appeal of defendant from Decision and Order by Deputy Commissioner George T. Glenn filed June 24, 2005. This matter was consolidated for hearing with TA-16035 in which the plaintiff is Evalyn Gonzales and the cases were originally heard by Deputy Commissioner Glenn in Chapel Hill, North Carolina on August 23 and 24, 2005. Sign In Search all cases and statutes... Opinion Case details 2/22/25, 5:54 Wood v. North Carolina State University, I.C. NO. TA-16036 \| Casetext Search + Citator 1/17 for the Full Commission by MAVRETIC, Commissioner, N.C. Industrial Commission. Plaintiff: Kennedy, Kennedy, Kennedy Kennedy, Attorneys, Winston-Salem, North Carolina; Harvey L. Kennedy and Harold L. Kennedy, appearing. Defendant: North Carolina Department of Justice, Raleigh, North Carolina; Roy A. Cooper, Attorney General; Tina Lloyd Hlabse, Assistant Attorney General, appearing. * * * * * * * * * * * The Full Commission has reviewed the prior Decision and Order based upon the record of the proceedings before Deputy Commissioner Glenn and the briefs and arguments before the Full Commission. The appealing party has not shown good grounds to reconsider the evidence, receive further evidence or rehear the parties or their representatives. The Full Commission with some modifications the Decision and Order of the Deputy Commissioner. * * * * * * * * * * * After filing the Decision and Order in this case, Deputy Commissioner Glenn issued an Amended Decision and Order filed June 30, 2005. Plaintiff alleges that defendant failed to properly appeal from Deputy Commissioner Glenn's Amended Decision and Order. The Amended Decision and Order and defendant's notice of appeal from the first Decision and Order were both dated June 30, 2005. The Commission is unable to discern from its records the actual times on June 30, 2005, when defendant received the Amended Decision and Order and when defendant faxed its notice of appeal. At the arguments before the Full Commission, defense counsel informed the Commission that at the time the appeal was filed, she had not received the Amended Decision and Order. Thus, the Commission reasonably infers that defendant appealed from the first Decision and Order. The Amended Decision and Order had no effect, since once defendant appealed, the Deputy Commissioner was divested of jurisdiction to issue the Amended 2/22/25, 5:54 Wood v. North Carolina State University, I.C. NO. TA-16036 \| Casetext Search + Citator 2/17 Decision and Order. Therefore, the appeal lies from the first Decision and Order filed June 24, 2005. * * * * * * * * * * * The Full Commission finds as fact and concludes as matter of law the following, which were entered into by the parties at the hearing before the Deputy Commissioner as 1. All the parties are properly before the Industrial Commission, and the Industrial Commission has jurisdiction over the parties and this claim. The parties are subject to and bound by the provisions of the North Carolina Tort Claims Act. 2. The employees of the State named in plaintiff's affidavit are Shuaib Ahmad, Larry Monteith, Jemma Rayfield Jack, Downey Brill, and Phillip Stiles. 3. The issues to be determined by the Commission are whether plaintiff was injured by the negligence of the named employees of defendant, whether defendant ratified the conduct of Dr. Ahmad, and if so, what, if any, damages plaintiff is entitled to receive under the Tort Claims Act. * * * * * * * * * * * Based upon the competent evidence of record herein, the Full Commission makes the following 1. These consolidated tort claims involve the sexual harassment of plaintiffs Kathy Wood and Evalyn Gonzales by Dr. Shuaib Ahmad. Dr. Ahmad was an employee of North Carolina State University who first joined the Department of Civil Engineering as an Assistant Professor in 1980. He was promoted to Associate Professor in 1986 and Professor in 1991. In the 1996- 1997 academic year, Dr. Ahmad became the Director of the Construction Facilities Laboratory on Centennial Campus. Dr. Ahmad was a principal or 2/22/25, 5:54 Wood v. North Carolina State University, I.C. NO. TA-16036 \| Casetext Search + Citator 3/17 co-principal investigator in a wide array of research projects in the area of civil infrastructure with emphasis in materials and structural engineering. 2. Prior to the sexual harassment of plaintiff by Dr. Ahmad in 1996, during the 1987-1988 school year, Dr. Ahmad also sexually harassed Martha Brinson, who was employed by North Carolina State University as the Director of Communications in the College of Engineering. During that school year, work was being done on the building where Ms. Brinson's office was normally housed. Therefore, her office was moved to Mann Hall, the building on campus where the School of Civil Engineering was located and in which Dr. Ahmad also had an office. 3. After her office was moved to Mann Hall, Ms. Brinson met Dr. Ahmad who befriended her. He later told her that he read palms and asked her if he could read her palms. After discussing this matter with her husband, Ms. Brinson decided that she would allow Dr. Ahmad to read her palms. Dr. Ahmad also told Ms. Brinson that he could relieve stress. She agreed to meet with Dr. Ahmad after her normal working hours ended for the sole purpose of allowing him to read her palms. 4. Dr. Ahmad suggested to Ms. Brinson that they have the palm reading in his separate office in D.H. Hill Library. At his request, Ms. Brinson accompanied Dr. Ahmad to the library. He took her into a room, closed the door and began to read her palms. He told Ms. Brinson that she had a short lifespan. Dr. Ahmad then approached Ms. Brinson from behind, touched her shoulders and then grabbed one of her breasts. She jumped up from her chair and told Dr. Ahmad that his conduct was inappropriate. She then ran out of the office. Dr. Ahmad ran behind her and tried to set up future meetings with her. He told Ms. Brinson not to tell anyone about the incident. 5. Ms. Brinson went back towards Mann Hall. She saw her husband and got into the car with him. Dr. Ahmad saw her getting into the car and veered off in another direction. When Ms. Brinson got into the car, she was so distraught that she could not speak to her husband for 30 minutes. When she told her husband about what Dr. Ahmad had done to her, her husband 2/22/25, 5:54 Wood v. North Carolina State University, I.C. NO. TA-16036 \| Casetext Search + Citator 4/17 advised her that when she returned to work the next morning, she should tell her supervisor what had happened. 6. When Ms. Brinson returned to work the next morning, she told her immediate supervisor, Jenna Rayfield (Jack), that on the previous day Dr. Ahmad sexually harassed her by feeling her breast. Ms. Rayfield instructed Ms. Brinson to tell the Dean of the College of Engineering, Dr. Larry Monteith, about the incident. 7. Ms. Brinson met with Dr. Monteith that same day and advised him that Dr. Ahmad sexually harassed her the day before by touching her breast. Within 12 months after Ms. Brinson complained of Dr. Ahmad's sexual harassment, Dr. Monteith became Chancellor of North Carolina State University. 8. Dr. Monteith suggested that Ms. Brinson file a formal sexual harassment complaint with Billy Richardson, the University's sexual harassment officer. However, Ms. Brinson decided not to file a formal complaint because of the way she had been treated by Ms. Richardson when she reported a prior incident involving a \"peeping Tom\" to Ms. Richardson man named William Farabee frightened Ms. Brinson as she was working in the evening when he stared through a window into Ms. Brinson's office. The window was partially open and a hanger kept him from getting through the window. Mr. Farabee yelled profanity at Ms. Brinson and tried to get into her office, which made her afraid and anxious. 9. When Ms. Brinson reported the incident to Ms. Richardson, Ms. Richardson informed Ms. Brinson that this was not the first incident with Mr. Farabee at the University. Ms. Richardson told Ms. Brinson that there had been other incidents at the University in which female students reported Mr. Farabee peeping into their dormitory room windows. Ms. Richardson told Ms. Brinson that \"it was only Willie,\" that he was just a \"peeping Tom,\" and that \"he wouldn't hurt anybody.\" Based upon this experience, Ms. Brinson believed that Ms. Richardson would not take her complaint about Dr. Ahmad seriously and that the incident would be minimized. For those reasons, Ms. Brinson decided not to file a formal complaint against Dr. Ahmad. 2/22/25, 5:54 Wood v. North Carolina State University, I.C. NO. TA-16036 \| Casetext Search + Citator 5/17 10. Dr. Downey Brill became Dean of the College of Civil Engineering in 1988 or 1989. Shortly thereafter, Ms. Brinson told Dr. Brill that she had been sexually harassed by Dr. Ahmad touching her breast. She told Dr. Brill that Dr. Ahmad was a sexual predator and that \"he is a monster.\" Dr. Brill told her that he was shocked and asked her if she had reported the sexual harassment. She told him that she had reported the incident, but did not file a formal complaint. Ms. Brinson wanted her complaint kept confidential. 11. Defendant's agents Ms. Rayfield, Dr. Monteith, and Dr. Brill did nothing after they were made aware that Dr. Ahmad sexually harassed Ms. Brinson. Dr. Monteith and Dr. Brill did not document in writing Ms. Brinson's complaint, did not follow up to make sure that Ms. Brinson's complaint was investigated and resolved, and did not discuss Ms. Brinson's allegations with Dr. Ahmad or counsel him about his conduct with female employees and students. After this incident occurred, Dr. Ahmad was promoted twice by North Carolina State University upon the recommendations of Dr. Brill and other University staff members. 12. Plaintiff Kathy Wood attended North Carolina State University from 1993 to 1998. She majored in civil engineering and environmental engineering, which is a five-year academic program. Plaintiff had an academic and athletic scholarship and was also an active member of Chi Omega Sorority, where she was involved in many community activities. Plaintiff was hired to work as a research assistant to Dr. Ahmad in May of 1996, because she was interested in pursuing the field of structural engineering, the area of Dr. Ahmad's expertise. 13. Shortly after she became his research associate, Dr. Ahmad began to touch plaintiff in sexually inappropriate ways. He rubbed her arms. When she went to get a book in his office, he pinned her up against the wall so the front of his body, including his genitals, was pressed against the rear of her body. Dr. Ahmad repeatedly and frequently rubbed her leg and put his hand underneath her shorts up toward her panty line and she would freeze. He also \"smelled\" her and hugged her before she left work. He pinned her body against a computer screen. 2/22/25, 5:54 Wood v. North Carolina State University, I.C. NO. TA-16036 \| Casetext Search + Citator 6/17 14. Dr. Ahmad told plaintiff that he had a beach project that he wanted her to work on with him. He told her he wanted her to go to the beach with him on the weekend. He offered her an \"aphrodisiac nut.\" Plaintiff left her job in August of 1996, although Dr. Ahmad asked her to continue working with him during the fall term. 15. After this experience, plaintiff did everything that she could to avoid seeing Dr. Ahmad. She refused to take his class in structural engineering, which meant that she could not go any farther in that curriculum at North Carolina State University. Plaintiff began having crying spells after experiencing Dr. Ahmad's sexual harassment, and cried in other classes. Plaintiff also began experiencing nightmares and depression as a result of Dr. Ahmad's sexual harassment. 16. Plaintiff went to Leslie Dare, North Carolina State's sexual harassment officer at that time, and reported to Ms. Dare the sexual harassment that she experienced from Dr. Ahmad. Plaintiff learned that Dr. Ahmad had sexually harassed other female students and employees. She also found out that Dr. Ahmad had sexually harassed Evalyn Gonzales (plaintiff in TA-16035 which was consolidated for hearing with the case herein). 17. Ms. Gonzales graduated from North Carolina State University with a B.S. in Engineering. Ms. Gonzales wanted to attend graduate school, so she applied for a job as a research assistant at North Carolina State University. She was contacted by Dr. Ahmad, whom she had never met before. During her job interview, Dr. Ahmad told Ms. Gonzales that he would like to show her Centennial Campus since sometimes she would work in a lab. Dr. Ahmad drove Ms. Gonzales to Centennial Campus to show her the laboratory. He told her that he liked her because her skin color was the same as his. Sometime later, Ms. Gonzales called Dr. Ahmad back to check on the job vacancy and Dr. Ahmad said he had time to talk with her \"over coffee.\" He asked if he could pick her up at her apartment, but she told him that she would meet him on campus. Ms. Gonzales met Dr. Ahmad at the Bell Tower, where she got into his car. Dr. Ahmad told her that they could talk over lunch. 2/22/25, 5:54 Wood v. North Carolina State University, I.C. NO. TA-16036 \| Casetext Search + Citator 7/17 18. After lunch, Ms. Gonzales and Dr. Ahmad left the restaurant and got back in Dr. Ahmad's car. Dr. Ahmad turned his car away from the University and Centennial Campus which confused Ms. Gonzales. Dr. Ahmad drove to Lake Johnson where he parked his car and told her to take a walk with him in order to digest their food. Ms. Gonzales continued to feel uncomfortable, but she tried to trust Dr. Ahmad because of his position at the University. Near the water, Dr. Ahmad put his hands on her neck and attempted to rub her neck, head, hair and scalp. He then put his hands around her neck. Dr. Ahmad took his hands off Ms. Gonzales' neck and began to unbutton her top and move his hand onto her breast. Ms. Gonzales started yelling, \"this isn't okay!\" Dr. Ahmad grabbed both of her arms and said, \"it's okay.\" He then asked her to give him a hug. Again, Ms. Gonzales told him, \"this is not okay!\" He said to her, \"maybe you need to be laying down.\" Dr. Ahmad suddenly changed the conversation and started talking about his sunglasses. Ms. Gonzales was in shock, and they got back into Dr. Ahmad's car. He began driving back to campus and, at the first entrance to the campus, Ms. Gonzales got out of the car. As she exited the car, Dr. Ahmad told her that he would have the secretary draw up the papers to hire Ms. Gonzales as his research assistant. Ms. Gonzales got away from Dr. Ahmad as fast as she could and went to her boyfriend's office, where she told him how Dr. Ahmad sexually harassed her. 19. Ms. Gonzales then talked to Tony Modesta, who had previously worked for Dr. Ahmad, and he told her that she should talk to plaintiff herein, Kathy Wood. Ms. Gonzales called plaintiff, who advised her to write down what had happened. Ms. Gonzales and plaintiff shared their experiences of being sexually harassed by Dr. Ahmad. Plaintiff also told Ms. Gonzales about another woman that Dr. Ahmad had allegedly sexually harassed. 20. Ms. Gonzales then contacted a former professor who suggested that she talk with Leslie Dare. Ms. Dare advised Ms. Gonzales to file a formal complaint. 21. Dr. Tony Mitchell, who was assisting Ms. Dare in the investigation of the complaints by plaintiff and Ms. Gonzales, learned from Dr. Brill that Ms. Brinson had been involved in a sexual harassment incident ten years earlier. Dr. Mitchell talked to Ms. Brinson about the new complaints and the need 2/22/25, 5:54 Wood v. North Carolina State University, I.C. NO. TA-16036 \| Casetext Search + Citator 8/17 for her to write down her own incident with Dr. Ahmad. Ms. Brinson gave a written complaint to Ms. Dare to assist the investigation into Dr. Ahmad's conduct. 22. As part of their investigation, Dr. Mitchell and Ms. Dare conducted interviews and found at least eight women, in addition to plaintiffs Gonzales and Wood and Ms. Brinson, who were sexually harassed by Dr. Ahmad during the period from 1986 to June 1997. Based on the investigation, on December 19, 1997, Phillip J. Stiles, Provost and Vice Chancellor for Academic Affairs, informed Dr. Ahmad of his intent to discharge Dr. Ahmad and that he had 10 days of receipt of the letter to make a written request for either a specification of reasons or a hearing. 23. When plaintiff talked to Dr. Mazanari, Dean of the College of Engineering, he told her that the University had to allow Dr. Ahmad to respond to her complaint. He further told her that Dr. Ahmad could request a hearing within 10 days, but, if he did not, he would be automatically terminated by the University. 24. Dr. Mazanari later told plaintiff and Ms. Gonzales that Dr. Ahmad did not respond to the University within the time period required by University policy to request a hearing. Shortly thereafter, Dr. Mazanari or Ms. Dare told plaintiff and Ms. Gonzales that the University did not fire Dr. Ahmad, but allowed him to resign. Plaintiff and Ms. Gonzales were also told that the University agreed to pay Dr. Ahmad his salary for the remainder of the school year. The University also informed plaintiff and Ms. Gonzales that, as part of the agreement dealing with his resignation, the University was to place a \"neutral\" letter of reference in Dr. Ahmad's personnel file. 25. After the University informed plaintiff and Ms. Gonzales of the above- mentioned agreement, Ms. Dare had no further communications with plaintiff and Ms. Gonzales. Thereafter, plaintiff and Ms. Gonzales attempted to talk with then-Chancellor Marianne Fox at North Carolina State University, but she refused to talk with them. 26. At the hearing before the Deputy Commissioner, Debra Ragan Jessup testified as an expert witness. Ms. Jessup has taught at the Calloway School of Business at Wake Forest University since August of 1997. She received a 2/22/25, 5:54 Wood v. North Carolina State University, I.C. NO. TA-16036 \| Casetext Search + Citator 9/17 B.S. degree from Georgetown University in 1982, and a J.D. from Wake Forest University School of Law in 1988. She has been the recipient of the Graduate Teaching Award at Wake Forest University. 27. Ms. Jessup has also been a consultant for major corporations in North Carolina in the field of human resources. She was tendered by plaintiff and Ms. Gonzales as an expert witness and accepted by the Commission as an expert in the field of human resources. In preparation for her testimony, Ms. Jessup reviewed various documents in this action, including the depositions of plaintiff and Ms. Gonzales, the North Carolina State University Sexual Harassment Guidelines in 1987 and Sexual Harassment Policy Draft in 1997, North Carolina State University's investigative report regarding Dr. Ahmad, and the 1987 Sexual Harassment Policy at UNC-Chapel Hill. 28. Based upon the expert testimony of Ms. Jessup, the Commission finds as facts that defendant had a duty to investigate any allegation of sexual harassment and that defendant breached the applicable standard of care with regard to Ms. Brinson in 1988 by failing to investigate her complaint. The University's Sexual Harassment Guidelines in effect as of 1986 required that an individual was to be requested to reduce a complaint to writing, that the administrator receiving the complaint should properly document the reported harassment, and that the employee should be informed of each oral or written complaint of sexual harassment made against him or her. In violation of the Guidelines, no supervisor asked Ms. Brinson to put her complaint regarding Dr. Ahmad in writing. Dr. Monteith, Dr. Brill and Ms. Rayfield violated defendant's Sexual Harassment Guidelines by failing to write up Ms. Brinson's allegations and by failing to put the allegations in Dr. Ahmad's personnel file. 29. Ms. Jessup further testified that as of August 1, 1987, the University of North Carolina at Chapel Hill, a constituent member of the University of North Carolina System, had a sexual harassment policy that required supervisors or administrators to act immediately once they had knowledge of sexual harassment. This policy was consistent with the standard practice in 1987. However, defendant's Guidelines were defective because they did not require management, once it received a sexual harassment complaint, to initiate investigation of the complaint and follow up to see if the complaint 2/22/25, 5:54 Wood v. North Carolina State University, I.C. NO. TA-16036 \| Casetext Search + Citator 10/17 was resolved. The Commission finds that it was a breach of the standard of care for defendant's supervisors not to investigate Ms. Brinson's allegations of sexual harassment once they had knowledge of these alleged acts. Dr. Monteith sent Ms. Brinson to talk to Ms. Richardson and made no efforts to follow up to insure that her complaint was investigated and resolved. 30. The Commission further finds that it was a breach of the standard of care for defendant to promote Dr. Ahmad after the University was placed on notice that he had sexually harassed Ms. Brinson; that at the time of Ms. Brinson's sexual harassment complaint to the University, Title of the Civil Rights Act of 1964 required employers to take sexual harassment complaints seriously; and that as of the time of Ms. Brinson's complaint of sexual harassment to the University, the common law of North Carolina was that the knowledge by an agent and/or manager was imputed to the employer, as was enunciated by the North Carolina Court of Appeals in Hogan v. Forsyth Country Club Co. [ 79 N.C. App. 483, 340 S.E. 2d 116 (1986), disc. rev. denied, 317 N.C. App. 334, 346 S.E. 2d 140 (1986)]. 31. Ms. Jessup also stated and the Commission finds that the University had a duty to disseminate the sexual harassment policy to employees and students regarding the proper procedures to follow and that defendant breached that duty by not providing a copy of the Guidelines to students and employees. Ms. Jessup stated her opinion that defendant handled the sexual harassment complaints of plaintiff and Ms. Gonzales in a manner consistent with the standard of practice in 1997-98 and conducted a thorough investigation. However, in light of the nature and number of allegations, it was a breach of the standard of care for the University not to suspend Dr. Ahmad pending the investigation and to allow him to continue to teach his classes, conduct research and supervise students during the time and that defendant should at least have removed him from any contact with female students. Dr. Ahmad should have been terminated when he did not respond to plaintiffs' formal complaints within the 10-day time period allowed by defendant's own rules. In addition, the University's reference letter for Dr. Ahmad was positive and not neutral. 32. Dr. Rosemary Nelson, who testified as an expert witness for plaintiff, has been a licensed clinical psychologist in North Carolina since 1988. She 2/22/25, 5:54 Wood v. North Carolina State University, I.C. NO. TA-16036 \| Casetext Search + Citator 11/17 received her Ph.D. in Clinical Psychology from the University of North Carolina at Greensboro in 1979. Dr. Nelson was tendered by plaintiff and Ms. Gonzales as an expert witness in the field of psychology. 33. In preparation for her testimony, Dr. Nelson reviewed the following documents: the medical records for both plaintiff and Ms. Gonzales; the mediation brochures; and the depositions of plaintiff and Ms. Gonzales. She also interviewed both plaintiff and Ms. Gonzales over the telephone and performed a brief screening checklist for post-traumatic stress disorder (PTSD). Dr. Nelson also reviewed the medical records of Dr. Valerie McLain, a licensed psychologist who treated plaintiff, and the records from Julia Piper, L.M.S.W., who counseled Ms. Gonzales. 34. Based upon Dr. Nelson's expert opinions and consistent with Dr. McLain's records, the Commission finds as facts that plaintiff suffered severe mental distress as a result of the sexual harassment from Dr. Ahmad; that plaintiff was diagnosed with PTSD, major depressive disorder, and anxiety disorder using the DSM-IV; that Dr. Ahmad's sexual harassment caused plaintiff's severe mental distress, her depressive disorder, and anxiety disorder; that plaintiff's prognosis is guarded; and that plaintiff's psychological disorder is permanent. 31. Prior to testifying, Dr. Gary Albrecht, who received his Ph.D. in economics from Indiana University in 1986, reviewed the depositions of plaintiff and Ms. Gonzales; the federal tax returns for plaintiff from 1998- 2003; data from the U.S. Department of Labor, Occupational Handbook of Electrical Engineering; data from North Carolina State University regarding starting salaries for Ph.D. graduates in electrical engineering; and the Occupational Outlook Handbook. 32. Dr. Albrecht testified that plaintiff is currently earning $67,000.00-$68,000.00 a year. Dr. Albrecht's economic calculations regarding plaintiff were admitted into evidence. The present value of plaintiff's future loss of earnings, according to Dr. Albrecht, is $697,490.00. Dr. Albrecht took into account that plaintiff intended to get a Ph.D. in engineering. He assumed that she would have obtained her Ph.D. by 2005 at 2/22/25, 5:54 Wood v. North Carolina State University, I.C. NO. TA-16036 \| Casetext Search + Citator 12/17 age 30. Plaintiff gave up her plans to seek a Ph.D. in engineering after she was sexually harassed by Dr. Ahmad. 33. Plaintiff was born April 11, 1975, and is currently 30 years of age. Her life expectancy under the North Carolina Mortality Tables is 47.5 years. 34. Once defendant performed an investigation regarding the allegations that Dr. Ahmad sexually harassed female students or employees, approximately eight additional women alleged that Dr. Ahmad sexually harassed them. Seven of the eight additional complaints, plus the complaints of plaintiffs Wood and Gonzales, involved events that occurred after Ms. Brinson informed her supervisor and Dr. Monteith of the incident between Ms. Brinson and Dr. Ahmad. 35. During the 1987-1988 school year, Dr. Ahmad intentionally inflicted severe emotional distress upon Ms. Brinson by sexually harassing her at the University. Ms. Brinson's report of the incident with Dr. Ahmad placed defendant on notice of the sexual harassment by Dr. Ahmad. Defendant failed to properly investigate the allegations to determine whether the incident was true, and, if so, what steps should have been taken to prevent the sexual harassment from happening again. Defendant failed to properly counsel Dr. Ahmad that such conduct was unacceptable and would not be tolerated, in order to prevent further instances of sexual harassment against female students or employees of defendant. 36. In 1996, Dr. Ahmad intentionally inflicted severe emotional distress upon plaintiff Kathy Wood by sexually harassing her when she applied to be his research assistant. Defendant's failure to act after it was put on notice of Dr. Ahmad's prior sexual harassment of Ms. Brinson constitutes negligence and defendant's negligence was the proximate cause of plaintiff's severe emotional distress sustained as the result of Dr. Ahmad's sexual harassment. Defendant was also negligent in its failure to conduct a full investigation of and appropriately discipline Dr. Ahmad after defendant knew of Dr. Ahmad's sexual harassment of Ms. Brinson. Defendant was negligent in failing to follow its written Sexual Harassment Guidelines of 1986. 37. Defendant was also negligent in supervising Dr. Ahmad. In fact, defendant did nothing to counsel or discipline Dr. Ahmad after Ms. Brinson 2/22/25, 5:54 Wood v. North Carolina State University, I.C. NO. TA-16036 \| Casetext Search + Citator 13/17 complained of being sexually harassed. Defendant had a pattern of ignoring sexual misconduct and threatening behavior. Twice, defendant promoted Dr. Ahmad after it knew of his alleged sexual harassment of Ms. Brinson. In fact, Dr. Brill recommended that Dr. Ahmad be promoted to a full professor and later, head of research at Centennial Campus, all after Ms. Brinson told Dr. Brill that Dr. Ahmad sexually harassed her and that he was a \"monster\" and a \"sexual predator.\" Defendant's negligence in continuing to retain Dr. Ahmad and failing to adequately supervise Dr. Ahmad allowed Dr. Ahmad to continue sexually harassing female students, including plaintiffs Wood and Gonzales, Julie Ann Hunkins, Leigh Lane, Nancy Campanella, Michelle Phillips, Zeynep Savas, Kim Sackett, and Karen Boshoff. 38. Defendant's pattern of ignoring complaints of sexual misconduct and threatening behavior is further shown by its inaction toward the \"peeping Tom\" actions of Mr. Farabee. In 1986 Ms. Richardson, defendant's sexual harassment officer, failed to take Ms. Brinson's complaint seriously and did not investigate, despite Ms. Richardson's admission that Mr. Farabee was a \"peeping Tom.\" The parties stipulated that Mr. Farabee was not barred from the campus of North Carolina State University until 2002. Taking 16 years to bar a \"peeping Tom\" from the University shows institutional indifference and a lack of concern on the part of defendant. 39. Defendant ratified Dr. Ahmad's sexual harassment of plaintiff, as shown by defendant's failure to terminate Dr. Ahmad's employment after he did not respond within the 10-day time limit required by defendant's policy, defendant's positive letter of recommendation of Dr. Ahmad, and defendant's payment of Dr. Ahmad's full salary and benefits for half a year after finding that Dr. Ahmad had sexually harassed plaintiff, Ms. Gonzales, and other female students. 40. Dr. Ahmad's intentional infliction of emotional distress from his sexual harassment of plaintiff was ratified by defendant. Defendant's negligence in retaining Dr. Ahmad in its employ, declining to intervene to prevent further offensive behavior, and failing to properly supervise Dr. Ahmad signify an intention to acquiesce in, approve and ratify Dr. Ahmad's misconduct and constitutes the negligent infliction of severe emotional distress, which 2/22/25, 5:54 Wood v. North Carolina State University, I.C. NO. TA-16036 \| Casetext Search + Citator 14/17 caused plaintiff's depression, severe emotional distress and past and future loss of earnings. 41. The reasonable value of the emotional pain and suffering and loss of earnings which plaintiff incurred as a proximate result of the injury caused by defendant's named employee is $150,000.00. * * * * * * * * * * * Based upon the foregoing stipulations and findings of fact, the Full Commission makes the following 1. \"Under the Tort Claims Act, negligence is determined by the same rules as those applicable to private parties.\" Bolkhir v. N.C. State Univ., 321 N.C. 706, 709, 365 S.E.2d 898, 900 (1988). To establish negligence a plaintiff must show that defendant failed to exercise due care in the performance of a legal duty owed to plaintiff and that the negligent breach of that duty was the proximate cause of plaintiff's injury. Id. 2. Liability of an employer for the torts of his agents can be established in three situations: (1) an agent's actions are expressly authorized by the employer; (2) an agent's actions are committed within the scope of his employment and in furtherance of the employer's business; or (3) an agent's actions are ratified by the employer. Snow v. DeButts, 212 N.C. 120, 193 S.E. 224 (1937); Hogan v. Forsyth Country Club Co., 79 N.C. App. 483, 340 S.E.2d 116 (1986), disc. rev. denied, 317 N.C. 334, 346 S.E.2d 140 (1986). 3. In the case at bar, once defendant was placed on notice of Dr. Ahmad's sexual misconduct, it had a duty to intervene to prevent him from sexually harassing other female employees and/or female students. Defendant, through its agents, was negligent in its failure to act when it became aware of the alleged sexual misconduct of Dr. Ahmad toward Ms. Brinson and in its failure to properly counsel and supervise Dr. Ahmad and by retaining and promoting Dr. Ahmad after the incident was reported. As the result of defendant's negligence, plaintiff sustained emotional and financial damages. N.C. Gen. Stat. \u00a7 143-291 et seq. 2/22/25, 5:54 Wood v. North Carolina State University, I.C. NO. TA-16036 \| Casetext Search + Citator 15/17 4. Defendant ratified Dr. Ahmad's intentional infliction of emotional distress of plaintiff by its failure to terminate Dr. Ahmad when he did not respond within the 10-day limit mandated by University policy, by paying Dr. Ahmad's full salary for half a year and by issuing a positive letter of recommendation for Dr. Ahmad's use after finding that Dr. Ahmad sexually harassed plaintiff. Hogan v. Forsyth Country Club Co., supra. 5. Defendant's conduct amounts to a failure to exercise such care as would be exercised by a reasonable and prudent employer under similar circumstances and thus constitutes negligence. Id. 6. The negligence of defendant's named employees proximately caused plaintiff's emotional pain and suffering and loss of earnings for which she is entitled to receive $150,000.00. * * * * * * * * * * * Based upon the foregoing stipulations, findings of fact, and conclusions of law, the Full Commission enters the following 1. Defendant shall pay plaintiff the amount of $150,000.00. 2. Defendant shall pay plaintiff's costs. This 10 day of April 2006. th S/______________________ CONCURRING: S/___________________ S/_______________ 2/22/25, 5:54 Wood v. North Carolina State University, I.C. NO. TA-16036 \| Casetext Search + Citator 16/17 About us Jobs News Twitter Facebook LinkedIn Instagram Help articles Customer support Contact sales Cookie Settings Do Not Sell or Share My Personal Information/Limit the Use of My Sensitive Personal Information Privacy Terms \u00a9 2024 Casetext Inc. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 2/22/25, 5:54 Wood v. North Carolina State University, I.C. NO. TA-16036 \| Casetext Search + Citator 17/17", "7459_106.pdf": "N.C. State Loses Sex Harrassment Case The state Court of Appeals ruled Tuesday that North Carolina State University should have investigated sexual harassment allegations against a former professor. Posted 2:38 p.m. Apr 15, 2008 - Updated 10:28 a.m. Apr 16, 2008 The state Court of Appeals ruled Tuesday that North Carolina State University should have investigated sexual harassment allegations against a former professor. The decision upheld $150,000 awards by the state Industrial Commission to former students Evalyn Gonzalez and Kathy Wood, who said former engineering professor Shuaib Ahmad sexually harassed them in the mid- 1990s. The appellate judges said N.C. State was aware of similar allegations against Ahmad dating to the late 1980s but never investigated them. The university argued that it couldn't investigate the claims since no one ever filed a formal complaint against Ahmad cannot, by turning a blind eye to reported misdeeds, hope to escape liability based on subsequent victims' failures to report later bad behavior,\" Appellate Judge Rick Elmore wrote in the unanimous decision. Related 24 closings/delays reported. 24 2/22/25, 5:54 N.C. 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This material may not be published, broadcast, rewritten or redistributed \u00b7 11:58 \u2023 \u2023 Raleigh Durham \u2022 Fayetteville \u2022 2/22/25, 5:54 N.C. State Loses Sex Harrassment Case 6/6"}
7,291	Mark Urban	Columbia University	[ "7291_101.pdf", "7291_102.pdf", "7291_103.pdf", "7291_104.pdf" ]	{"7291_101.pdf": "Karibian v. Columbia University, 812 F. Supp. 413 (S.D.N.Y. 1993 District Court for the Southern District of New York - 812 F. Supp. 413 (S.D.N.Y. 1993) February 3, 1993 812 F. Supp. 413 (1993) Sharon KARIBIAN, Plaintiff, v UNIVERSITY, John Borden and Mark Urban, Defendants. No. 91 Civ. 3135 (TPG). United States District Court, S.D. New York. February 3, 1993. 414 Elizabeth L. Koob, Koob & Magoolaghan, New York City, for plaintiff. Diane S. Wilner, Wilner & Associates, P.C., New York City, for Columbia and Borden. Corwin & Solomon, New York City, for Urban. 415 GRIESA, District Judge. 2/22/25, 5:55 Karibian v. Columbia University, 812 F. Supp. 413 (S.D.N.Y. 1993) :: Justia 1/7 This is a sexual harassment case. There is a claim against Columbia University under Title of the Civil Rights Act of 1964, 42 U.S.C. \u00a7\u00a7 2000e et seq. There are also various claims against Columbia under state law theories. Defendants Borden and Urban are sued solely under state law theories. Defendants Columbia and Borden move for summary judgment. The motion is granted. For reasons hereafter set forth, the Title claim against Columbia must be dismissed because there is no triable issue of fact. As to the state law claims against Columbia and the claims against Borden, there is no jurisdiction after dismissal of the Title portion of the action. Although Urban has not made a motion, the court dismisses the action against him on its own motion, for lack of jurisdiction In late 1986 while plaintiff was a student at Columbia, she obtained part-time employment with the University. The office she worked at was called \"Telefund at Columbia University.\" Although it was part of the University, its activities were to some extent designed and administered by a separate company called Philanthropy Management, Inc. (\"PMI\"). The people working at Telefund consisted of both Columbia University employees and employees. Telefund operated under the aegis of an entity at Columbia called University Development and Alumni Relations (\"UDAR\"). Defendant Urban was employed by Columbia University commencing in September 1987. He worked in and his duties included responsibility for Telefund. Borden was Deputy Vice President of from April 1, 1988 until sometime in 1991. He was Urban's superior. Plaintiff alleges that she met Urban in the spring of 1987, before Urban went to work for Columbia. She alleges that Urban pressured her into having sexual relations commencing shortly after they met and continuing through 1989. Columbia has an established mechanism for dealing with sexual harassment. Columbia publishes a bulletin entitled \"Protection Against Sexual Harassment.\" The bulletin starts with a Policy Statement, which includes the unequivocal declaration that \"the University prohibits sexual harassment of any member of the Columbia community.\" The bulletin describes remedies provided by the University person who believes that he or she is 2/22/25, 5:55 Karibian v. Columbia University, 812 F. Supp. 413 (S.D.N.Y. 1993) :: Justia 2/7 being sexually harassed is invited to confer with a member of the University Panel on Sexual Harassment. There is also provision for the aggrieved party (or the panel member with permission of the aggrieved party) to discuss the problem with the University's Office of Equal Opportunity and Affirmative Action (\"EOAA\"). Finally, the party alleging sexual harassment may file a grievance under the applicable University grievance procedure. It is agreed by both sides that the first two steps i.e., resort to the University Panel on Sexual Harassment or resort to the are entirely confidential. This means that there is no effort to investigate the matter or to obtain a remedy against the alleged guilty party. The grievance procedure, on the other hand, is not confidential and sets in motion an investigation and other steps which may lead to remedial action against the party complained of. During September 1988 plaintiff consulted with one of the members of the Sexual Harassment Panel and also with an employee at the EOAA. Plaintiff concedes that she knew that these consultations were confidential. The employee has stated, without contradiction, that plaintiff specifically requested that there be no investigation at that time. The sexual relations between plaintiff and Urban continued. Plaintiff claims that in April 1989, after Urban allegedly forced her to perform a sexual act, she related this incident to Loren Spivack, an employee of PMI. Plaintiff asserts that Spivack informed her that he had relayed the information to the president 416 of PMI, Ron Erdos. Plaintiff goes on to assert her belief that the Erdos in turn reported the incident to defendant Borden. Plaintiff's statement under Local Civil Rule 3(g) alleges that defendant Borden knew or should have known that plaintiff was subjected to sexual harassment since at least April 1989. Borden's 3(g) statement asserts that he did not learn about plaintiff's complaint until 1990. It should be noted that the presentations of all parties on the motion for summary judgment are based mainly on the extensive depositions taken in the case. No deposition of Spivack or Erdos was taken. At least, there is no reference to such deposition testimony in the present motion. Borden's deposition was taken. Plaintiff's attorney asked Borden if he knew about a \"nonbusiness relationship\" between plaintiff and Urban, to which Borden replied that, when Urban recommended plaintiff for a promotion in late August 1989, Urban said that he and plaintiff had dated but that they were no longer dating. Borden testified that he learned nothing further until January 1990. 2/22/25, 5:55 Karibian v. Columbia University, 812 F. Supp. 413 (S.D.N.Y. 1993) :: Justia 3/7 Thus there is no support in Borden's deposition or in any other evidence for the idea that Borden learned of the problem in April 1989. Plaintiff's proposition to this effect is entirely speculative. After April 1989 sexual relations between plaintiff and Urban continued. On January 30, 1990 plaintiff met with Gertrude de la Osa, Director of Development Services at and complained about sexual harassment by Urban. The matter was promptly reported by de la Osa to Borden. An investigation was immediately conducted by Borden with the assistance of the Office of General Counsel of the University. By early March Urban was relieved of any supervisory role with respect to plaintiff. In April 1990 Urban's resignation was requested and given. He left the University at that time sexual harassment claim under Title may be based on either of two theories: (1) \"quid pro quo\" or (2) hostile work environment. See Meritor Savings Bank v. Vinson, 477 U.S. 57, 64-65, 106 S. Ct. 2399, 2404-2405, 91 L. Ed. 2d 49 (1986). In order to prevail on a quid quo pro theory, the plaintiff must show an actual rather than threatened economic loss because of gender or because a sexual advance was made and rejected. Plaintiff produces no evidence demonstrating that she was denied an economic benefit. In fact, during the period of the alleged harassment, plaintiff was promoted from clerical worker to Project Director of Telefund. Her salary also increased. The court finds that there is no indication of any valid claim under the quid pro quo theory. The allegations under the hostile environment theory must be dealt with in more detail. In the motion for summary judgment, Columbia does not attempt to disprove the allegations of misconduct against Urban. Columbia's position is that, even if Urban committed the misdeeds alleged, Columbia is not liable. The Supreme Court has not established a definitive rule for employer liability, but has directed lower courts to draw from traditional agency principles. Vinson, 477 U.S. at 72, 106 S. Ct. at 2408. The Second Circuit has interpreted this guideline to mean that a plaintiff must prove \"that the employer either provided no reasonable avenue for complaint or knew of the harassment but did nothing about it.\" Kotcher v. Rosa & Sullivan Appliance Center, Inc., 957 F.2d 59, 63 (2d Cir. 1992). 2/22/25, 5:55 Karibian v. Columbia University, 812 F. Supp. 413 (S.D.N.Y. 1993) :: Justia 4/7 There is no basis for any contention that Columbia University failed to provide a reasonable avenue for making complaints. The only possible ground for holding Columbia liable is that it knew of the misconduct of Urban and failed to take remedial steps. In this connection, plaintiff contends that Columbia knew of the sexual harassment in September 1988, at the time of her consultations with the Sexual Harassment Panel 417 and with the EOAA. Plaintiff contends that, despite this knowledge, Columbia did nothing about the problem. Plaintiff further contends that Columbia knew about the difficulty in April 1989 when she described it to Spivack of PMI. Plaintiff contends that again Columbia failed to perform its duty to take remedial action. The information which certain Columbia employees learned in September 1988 was obtained in the course of consultations which were intended to be completely confidential. It cannot be said that this was \"knowledge\" on the part of Columbia of the kind that gave Columbia the duty to inquire and take remedial action. Plaintiff chose these confidential procedures instead of availing herself of the right, offered by the University, to file a grievance and initiate an investigation leading to a possible remedy against Urban. Columbia could hardly be expected to act against Urban as a result of the confidential consultations of September 1988. In connection with plaintiff's claim that Columbia should have taken action in April 1989, the essential fact is that plaintiff spoke to an employee of a separate company, PMI, and did not speak to anyone at Columbia. Despite an extensive deposition record, there is absolutely no evidence that any employee notified Borden or anyone else at Columbia of what plaintiff said. Plaintiff contends that notice to was the equivalent of notice to Columbia, and that PMI's knowledge should be taken to be the knowledge of Columbia. The court rejects this theory was a small company performing a service as an independent contractor to Columbia. It was not responsible for policing the problems arising between one Columbia University employee and another. If had reported the matter, it would have involved going over Urban's head to someone such as Borden, and relaying a complaint about Urban. Perhaps this would have been a worthy thing to do, but had no legal duty to do so, and indeed had economic reasons for minding its own business. But overriding all of this is the salient fact that plaintiff had the ability in April 1989 or at any time to go directly to Columbia with her complaint. She did not have to rely on the uncertain, indirect channel of PMI. Under all the circumstances, the court rules that notice to was not notice to Columbia and that PMI's knowledge was not the knowledge of 2/22/25, 5:55 Karibian v. Columbia University, 812 F. Supp. 413 (S.D.N.Y. 1993) :: Justia 5/7 Columbia. The events of April 1989 did not impose on Columbia any duty to take remedial action against Urban. The first time that plaintiff made a complaint of such a nature as to require action on the part of Columbia was in late January 1990. When this occurred Columbia took prompt and effective remedial action. Within a reasonable time plaintiff was removed from Urban's supervision. Shortly thereafter Urban's employment was terminated. The court rules that Columbia had no duty to investigate, or to take remedial action, until plaintiff made her complaint in late January 1990. Columbia's response to that complaint was prompt and effective. Columbia has demonstrated that it is not liable under Title and that there is no triable issue of fact on this claim. Brief note must be made of a retaliation claim of plaintiff. It appears that plaintiff was terminated in August 1990 along with all other employees working on the Telefund operation. Plaintiff makes a conclusory, totally unsupported allegation that this was in retaliation for her sexual harassment complaint. Columbia has produced conclusive evidence that the Telefund program was cancelled for independent business reasons. The evaluation of the Telefund operation had been going on since the summer of 1989 and in the summer of 1990 a employee named Veronica Chappelle recommended that the Telefund operation be ended. In late 1990 Columbia accepted the offer of a different company than to make Columbia a demonstration site for computerized telephone fund raising. This project was developed at no cost to Columbia. Plaintiff admits that she reviewed certain 418 published public listings of job openings for this project, but did not apply Columbia is entitled to summary judgment dismissing the Title claim. The only basis for jurisdiction over the other claims against Columbia is the doctrine of pendent jurisdiction. All the claims against Borden and Urban are before the court solely on the basis of pendent jurisdiction. Since the Title claim against Columbia is dismissed, there is no basis for asserting jurisdiction over the remaining claims. 2/22/25, 5:55 Karibian v. Columbia University, 812 F. Supp. 413 (S.D.N.Y. 1993) :: Justia 6/7 The action is dismissed in its entirety ORDERED. Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 2/22/25, 5:55 Karibian v. Columbia University, 812 F. Supp. 413 (S.D.N.Y. 1993) :: Justia 7/7", "7291_102.pdf": "From Casetext: Smarter Legal Research Karibian v. Columbia University United States District Court, S.D. New York Feb 3, 1993 812 F. Supp. 413 (S.D.N.Y. 1993) Copy Citation Download Check Treatment Take care of legal research in a matter of minutes with CoCounsel, your new legal assistant. Try CoCounsel free No. 91 Civ. 3135 (TPG). February 3, 1993. 414 414 Elizabeth L. Koob, Koob Magoolaghan, New York City, for plaintiff. Diane S. Wilner, Wilner Associates, P.C., New York City, for Columbia and Borden. Corwin Solomon, New York City, for Urban. 415 415 Sign In Search all cases and statutes... Opinion Case details 2/22/25, 5:55 Karibian v. Columbia University, 812 F. Supp. 413 \| Casetext Search + Citator 1/8 GRIESA, District Judge This is a sexual harassment case. There is a claim against Columbia University under Title of the Civil Rights Act of 1964, 42 U.S.C. \u00a7 2000e et seq. There are also various claims against Columbia under state law theories. Defendants Borden and Urban are sued solely under state law theories. Defendants Columbia and Borden move for summary judgment. The motion is granted. For reasons hereafter set forth, the Title claim against Columbia must be dismissed because there is no triable issue of fact. As to the state law claims against Columbia and the claims against Borden, there is no jurisdiction after dismissal of the Title portion of the action. Although Urban has not made a motion, the court dismisses the action against him on its own motion, for lack of jurisdiction In late 1986 while plaintiff was a student at Columbia, she obtained part- time employment with the University. The office she worked at was called \"Telefund at Columbia University.\" Although it was part of the University, its activities were to some extent designed and administered by a separate company called Philanthropy Management, Inc. (\"PMI\"). The people working at Telefund consisted of both Columbia University employees and employees. Telefund operated under the aegis of an entity at Columbia called University Development and Alumni Relations (\"UDAR\"). Defendant Urban was employed by Columbia University commencing in September 1987. He worked in and his duties included responsibility for Telefund. Borden was Deputy Vice President of from April 1, 1988 until sometime in 1991. He was Urban's superior. Plaintiff alleges that she met Urban in the spring of 1987, before Urban went to work for Columbia. She alleges that Urban pressured her into having 2/22/25, 5:55 Karibian v. Columbia University, 812 F. Supp. 413 \| Casetext Search + Citator 2/8 sexual relations commencing shortly after they met and continuing through 1989. Columbia has an established mechanism for dealing with sexual harassment. Columbia publishes a bulletin entitled \"Protection Against Sexual Harassment.\" The bulletin starts with a Policy Statement, which includes the unequivocal declaration that \"the University prohibits sexual harassment of any member of the Columbia community.\" The bulletin describes remedies provided by the University person who believes that he or she is being sexually harassed is invited to confer with a member of the University Panel on Sexual Harassment. There is also provision for the aggrieved party (or the panel member with permission of the aggrieved party) to discuss the problem with the University's Office of Equal Opportunity and Affirmative Action (\"EOAA\"). Finally, the party alleging sexual harassment may file a grievance under the applicable University grievance procedure. It is agreed by both sides that the first two steps \u2014 i.e., resort to the University Panel on Sexual Harassment or resort to the \u2014 are entirely confidential. This means that there is no effort to investigate the matter or to obtain a remedy against the alleged guilty party. The grievance procedure, on the other hand, is not confidential and sets in motion an investigation and other steps which may lead to remedial action against the party complained of. During September 1988 plaintiff consulted with one of the members of the Sexual Harassment Panel and also with an employee at the EOAA. Plaintiff concedes that she knew that these consultations were confidential. The employee has stated, without contradiction, that plaintiff specifically requested that there be no investigation at that time. The sexual relations between plaintiff and Urban continued. Plaintiff claims that in April 1989, after Urban allegedly forced her to perform a sexual act, she related this incident to Loren Spivack, an employee of PMI. Plaintiff asserts that Spivack informed her that he had relayed the information to the president 416 of PMI, Ron Erdos. Plaintiff goes on to 416 2/22/25, 5:55 Karibian v. Columbia University, 812 F. Supp. 413 \| Casetext Search + Citator 3/8 assert her belief that the Erdos in turn reported the incident to defendant Borden. Plaintiff's statement under Local Civil Rule 3(g) alleges that defendant Borden knew or should have known that plaintiff was subjected to sexual harassment since at least April 1989. Borden's 3(g) statement asserts that he did not learn about plaintiff's complaint until 1990. It should be noted that the presentations of all parties on the motion for summary judgment are based mainly on the extensive depositions taken in the case. No deposition of Spivack or Erdos was taken. At least, there is no reference to such deposition testimony in the present motion. Borden's deposition was taken. Plaintiff's attorney asked Borden if he knew about a \"nonbusiness relationship\" between plaintiff and Urban, to which Borden replied that, when Urban recommended plaintiff for a promotion in late August 1989, Urban said that he and plaintiff had dated but that they were no longer dating. Borden testified that he learned nothing further until January 1990. Thus there is no support in Borden's deposition or in any other evidence for the idea that Borden learned of the problem in April 1989. Plaintiff's proposition to this effect is entirely speculative. After April 1989 sexual relations between plaintiff and Urban continued. On January 30, 1990 plaintiff met with Gertrude de la Osa, Director of Development Services at and complained about sexual harassment by Urban. The matter was promptly reported by de la Osa to Borden. An investigation was immediately conducted by Borden with the assistance of the Office of General Counsel of the University. By early March Urban was relieved of any supervisory role with respect to plaintiff. In April 1990 Urban's resignation was requested and given. He left the University at that time sexual harassment claim under Title may be based on either of two theories: (1) \"quid pro quo\" or (2) hostile work environment. See Meritor 2/22/25, 5:55 Karibian v. Columbia University, 812 F. Supp. 413 \| Casetext Search + Citator 4/8 Savings Bank v. Vinson, 477 U.S. 57, 64-65, 106 S.Ct. 2399, 2404-2405, 91 L.Ed.2d 49 (1986). In order to prevail on a quid quo pro theory, the plaintiff must show an actual \u2014 rather than threatened \u2014 economic loss because of gender or because a sexual advance was made and rejected. Plaintiff produces no evidence demonstrating that she was denied an economic benefit. In fact, during the period of the alleged harassment, plaintiff was promoted from clerical worker to Project Director of Telefund. Her salary also increased. The court finds that there is no indication of any valid claim under the quid pro quo theory. The allegations under the hostile environment theory must be dealt with in more detail. In the motion for summary judgment, Columbia does not attempt to disprove the allegations of misconduct against Urban. Columbia's position is that, even if Urban committed the misdeeds alleged, Columbia is not liable. The Supreme Court has not established a definitive rule for employer liability, but has directed lower courts to draw from traditional agency principles. Vinson, 477 U.S. at 72, 106 S.Ct. at 2408. The Second Circuit has interpreted this guideline to mean that a plaintiff must prove \"that the employer either provided no reasonable avenue for complaint or knew of the harassment but did nothing about it.\" Kotcher v. Rosa Sullivan Appliance Center, Inc., 957 F.2d 59, 63 (2d Cir. 1992). There is no basis for any contention that Columbia University failed to provide a reasonable avenue for making complaints. The only possible ground for holding Columbia liable is that it knew of the misconduct of Urban and failed to take remedial steps. In this connection, plaintiff contends that Columbia knew of the sexual harassment in September 1988, at the time of her consultations with the Sexual Harassment Panel 417 and with the EOAA. Plaintiff contends that, despite this knowledge, Columbia did nothing about the problem. Plaintiff further contends that Columbia knew about the difficulty in April 1989 when she described it to Spivack of PMI. Plaintiff contends that again Columbia failed to perform its duty to take remedial action. 417 2/22/25, 5:55 Karibian v. Columbia University, 812 F. Supp. 413 \| Casetext Search + Citator 5/8 The information which certain Columbia employees learned in September 1988 was obtained in the course of consultations which were intended to be completely confidential. It cannot be said that this was \"knowledge\" on the part of Columbia of the kind that gave Columbia the duty to inquire and take remedial action. Plaintiff chose these confidential procedures instead of availing herself of the right, offered by the University, to file a grievance and initiate an investigation leading to a possible remedy against Urban. Columbia could hardly be expected to act against Urban as a result of the confidential consultations of September 1988. In connection with plaintiff's claim that Columbia should have taken action in April 1989, the essential fact is that plaintiff spoke to an employee of a separate company, PMI, and did not speak to anyone at Columbia. Despite an extensive deposition record, there is absolutely no evidence that any employee notified Borden or anyone else at Columbia of what plaintiff said. Plaintiff contends that notice to was the equivalent of notice to Columbia, and that PMI's knowledge should be taken to be the knowledge of Columbia. The court rejects this theory was a small company performing a service as an independent contractor to Columbia. It was not responsible for policing the problems arising between one Columbia University employee and another. If had reported the matter, it would have involved going over Urban's head to someone such as Borden, and relaying a complaint about Urban. Perhaps this would have been a worthy thing to do, but had no legal duty to do so, and indeed had economic reasons for minding its own business. But overriding all of this is the salient fact that plaintiff had the ability in April 1989 or at any time to go directly to Columbia with her complaint. She did not have to rely on the uncertain, indirect channel of PMI. Under all the circumstances, the court rules that notice to was not notice to Columbia and that PMI's knowledge was not the knowledge of Columbia. The events of April 1989 did not impose on Columbia any duty to take remedial action against Urban. The first time that plaintiff made a complaint of such a nature as to require action on the part of Columbia was in late January 1990. When this occurred 2/22/25, 5:55 Karibian v. Columbia University, 812 F. Supp. 413 \| Casetext Search + Citator 6/8 Columbia took prompt and effective remedial action. Within a reasonable time plaintiff was removed from Urban's supervision. Shortly thereafter Urban's employment was terminated. The court rules that Columbia had no duty to investigate, or to take remedial action, until plaintiff made her complaint in late January 1990. Columbia's response to that complaint was prompt and effective. Columbia has demonstrated that it is not liable under Title and that there is no triable issue of fact on this claim. Brief note must be made of a retaliation claim of plaintiff. It appears that plaintiff was terminated in August 1990 along with all other employees working on the Telefund operation. Plaintiff makes a conclusory, totally unsupported allegation that this was in retaliation for her sexual harassment complaint. Columbia has produced conclusive evidence that the Telefund program was cancelled for independent business reasons. The evaluation of the Telefund operation had been going on since the summer of 1989 and in the summer of 1990 a employee named Veronica Chappelle recommended that the Telefund operation be ended. In late 1990 Columbia accepted the offer of a different company than to make Columbia a demonstration site for computerized telephone fund raising. This project was developed at no cost to Columbia. Plaintiff admits that she reviewed certain 418 published public listings of job openings for this project, but did not apply. 418 Columbia is entitled to summary judgment dismissing the Title claim. The only basis for jurisdiction over the other claims against Columbia is the doctrine of pendent jurisdiction. All the claims against Borden and Urban are before the court solely on the basis of pendent jurisdiction. Since the Title claim against Columbia is dismissed, there is no basis for asserting jurisdiction over the remaining claims. The action is dismissed in its entirety ORDERED. 2/22/25, 5:55 Karibian v. Columbia University, 812 F. Supp. 413 \| Casetext Search + Citator 7/8 About us Jobs News Twitter Facebook LinkedIn Instagram Help articles Customer support Contact sales Cookie Settings Do Not Sell or Share My Personal Information/Limit the Use of My Sensitive Personal Information Privacy Terms \u00a9 2024 Casetext Inc. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 2/22/25, 5:55 Karibian v. Columbia University, 812 F. Supp. 413 \| Casetext Search + Citator 8/8", "7291_103.pdf": "Sharon Karibian, Plaintiff-appellant, v. Columbia University, John Borden, Defendants-cross-claimants-appellees, v. Mark Urban, Defendant-cross- defendant-appellee, 14 F.3d 773 (2d Cir. 1994 Court of Appeals for the Second Circuit - 14 F.3d 773 (2d Cir. 1994) Argued Nov. 17, 1993. Decided Jan. 25, 1994 Elizabeth L. Koob, New York City (Joan Magoolaghan, Cara Cherry, Law Student, Koob & Magoolaghan, New York City, of counsel), for plaintiff-appellant. Diane S. Wilner, New York City (Lee S. Gayer, Joel B. Rothman, Wilner & Associates, P.C., of counsel), for defendants-appellees Columbia University and John Borden. Karen M. Moran, Washington (James R. Neely, Jr., Deputy Gen. Counsel, Gwendolyn Young Reams, Associate Gen. Counsel, Vincent J. Blackwood, Asst. Gen. Counsel, U.S. E.E.O.C. Office of General Counsel, of counsel), for the E.E.O.C. as amicus curiae. Clifford M. Solomon, Corwin Solomon & Tanenbaum, P.C., New York City, for defendant- cross-defendant-appellee Mark Urban. Isabelle Katz Pinzler, Sara L. Mandelbaum, Women's Rights Project, American Civil Liberties Union, Ellen J. Vargyas, Deborah L. Brake, National Women's Law Center, 2/22/25, 5:55 Sharon Karibian, Plaintiff-appellant, v. Columbia University, John Borden, Defendants-cross-claimants-appellees, v. Mark Urban, De\u2026 1/11 submitted an amici curiae brief, for the Women's Rights Project of the and the National Women's Law Center on behalf of plaintiff-appellant. Before: MAHONEY, McLAUGHLIN and HEANEY, Circuit Judges. McLAUGHLIN, Circuit Judge: Sharon Karibian appeals from a judgment entered in the United States District Court for the Southern District of New York (Thomas P. Griesa, Chief Judge) granting summary judgment to defendants Columbia University and John Borden, and dismissing Karibian's complaint of employment discrimination. Karibian's complaint alleged that sexual harassment committed by her supervisor, defendant Mark Urban, constituted discrimination by Columbia on the basis of sex, in violation of Title of the Civil Rights Act of 1964, 42 U.S.C. \u00a7 2000e-2(a) (1), and section 296 of New York's Executive Law. Karibian additionally alleged various state law tort claims against Columbia, Borden and Urban. In the district court, Karibian proceeded under both available theories of sexual harassment: quid pro quo, and hostile work environment. In granting summary judgment to defendants, the district court held that Columbia could not be liable under a quid pro quo theory because Karibian failed to prove any actual economic loss resulting from Urban's harassment. On her hostile work environment theory, the court held that Columbia was not liable to Karibian because it did not have notice of Urban's harassment and had provided a reasonable avenue for harassment complaints. Karibian v. Columbia Univ., 812 F. Supp. 413 (S.D.N.Y. 1993). We conclude that the district court erred in requiring Karibian to demonstrate actual economic loss to prove quid pro quo sexual harassment. We also conclude that the court failed to apply the proper legal standard to determine an employer's liability for the hostile work environment created by a supervisor. Accordingly, we reverse and remand for further proceedings In 1987, while a student in Columbia University's General Studies Program, Sharon Karibian worked in Columbia's fundraising \"Telefund\" office. Telefund was administered for Columbia by an independent contractor, Philanthropy Management Company (\"PMI\"), and was staffed by both and Columbia employees. Karibian was an employee of * 2/22/25, 5:55 Sharon Karibian, Plaintiff-appellant, v. Columbia University, John Borden, Defendants-cross-claimants-appellees, v. Mark Urban, De\u2026 2/11 Columbia. The Telefund office operated under the aegis of Columbia's \"University Development and Alumni Relations\" office (\"UDAR\"). In September 1987, Columbia appointed defendant Mark Urban as Development Officer for Annual Giving at UDAR. In that capacity, Urban had supervisory authority over Telefund, and, consequently, over Karibian. Specifically, Urban had the authority to alter Karibian's work schedule and assignments, and to give her promotions and raises (subject to approval). In addition, Urban had at least the apparent authority to fire Karibian. This case involves Urban's alleged conduct towards Karibian while the two were employees of Columbia. Urban conceded that he and Karibian had a sexual relationship while he was her supervisor; however, the nature of that relationship--i.e., whether consensual or coercive--remains hotly disputed. We limit our discussion to Karibian's version of events. While working at UDAR, Urban \"pursued\" Karibian by repeatedly inviting her out to bars, ostensibly to discuss work-related matters. On those occasions, Urban often asked Karibian back to his apartment. Initially, Karibian rebuffed Urban's advances; ultimately, however, she yielded to pressure from Urban. Specifically, Karibian claimed that Urban coerced her into a violent sexual relationship by telling her that she \"owed him\" for all he was doing for her as her supervisor. Karibian also claimed that the conditions of her employment-- including her raises, hours, autonomy and flexibility--varied from time to time, depending on her responsiveness to Urban. Karibian stated that she believed she would be fired if she did not give in to Urban's demands. At first, Karibian told no one about her relationship with Urban. After some time, however, Karibian contacted two counselors at Columbia. In September 1988, Karibian contacted Columbia's Panel on Sexual Harassment, and met with Panel member Mary Murphy. Karibian told Murphy that she was afraid her boss would retaliate against her if she stopped sleeping with him. Shortly thereafter, Karibian met with Columbia's Equal Opportunity Coordinator, Ruth Curtis. At Karibian's request, both meetings were held confidential, and neither resulted in any investigation of Urban. According to Karibian, both Murphy and Curtis discouraged her from actively pursuing a complaint against Urban. In April 1989, Karibian came to work upset and told her immediate Telefund supervisor, Loren Spivack, of a particularly violent sexual encounter with Urban. Spivack, a employee, notified PMI's president, Ron Erdos. Neither Spivack nor Erdos informed anyone at Columbia about the incident. 2/22/25, 5:55 Sharon Karibian, Plaintiff-appellant, v. Columbia University, John Borden, Defendants-cross-claimants-appellees, v. Mark Urban, De\u2026 3/11 Around July of 1989, Karibian applied for the position of Annual Giving Development Officer at Columbia. Columbia did not immediately consider Karibian for the position because Urban delayed forwarding her resume to the personnel department. Although Columbia eventually considered Karibian's application, she did not get the job. About the same time, Karibian applied for and received a promotion to the position of Project Director, the highest position within Telefund. As Project Director, Karibian reported directly to Urban at UDAR. In January 1990, Karibian complained to Gertrude de la Osa, the Director of Development Services at UDAR, that she was afraid of being fired by Urban and that Urban was \"sabotaging\" her at Telefund. De la Osa brought Karibian's complaint to the attention of UDAR's Deputy Vice President, defendant John Borden. Around the same time, Karibian met again with Ruth Curtis; this time, Karibian dropped her request for confidentiality and gave Curtis permission to speak to others at Columbia about her troubles with Urban. At this point, Columbia took steps to resolve the problem. Borden asked Urban to write a chronology of his relationship with Karibian, and removed him from direct supervisory authority over Karibian. (According to Urban's chronology, his relationship with Karibian was entirely consensual.) Without crediting either Karibian's or Urban's characterization of their relationship, Columbia forced Urban to resign--for reasons that remain somewhat vague. In August 1990, Columbia closed the Telefund office and Karibian was laid off. Karibian then brought this suit against Columbia, Borden and Urban, claiming that Urban's sexual harassment violated Title VII. Following discovery, the district court granted defendants' motion for summary judgment. The court began its analysis by recognizing that Title encompasses two theories of sexual harassment: quid pro quo, and hostile work environment. 812 F. Supp. at 416. Rejecting Karibian's quid pro quo claim, the court ruled that this theory requires proof of \"actual--rather than threatened--economic loss because of gender or because a sexual advance was made and rejected.\" Id. Because Karibian had not suffered any economic detriment during her relationship with Urban--in fact, she had been promoted and had received pay raises during the relevant time--the court ruled that Karibian had no valid claim for quid pro quo harassment. Id. The district court also rejected Karibian's hostile work environment theory. Relying on Kotcher v. Rosa & Sullivan Appliance Center, Inc., 957 F.2d 59 (2d Cir. 1992), the court held that Karibian \"must prove 'that the employer either provided no reasonable avenue for complaint or knew of the harassment but did nothing about it.' \" 812 F. Supp. at 416 2/22/25, 5:55 Sharon Karibian, Plaintiff-appellant, v. Columbia University, John Borden, Defendants-cross-claimants-appellees, v. Mark Urban, De\u2026 4/11 (quoting Kotcher, 957 F.2d at 63). Applying this standard, the court ruled that (1) Columbia provided a reasonable avenue for making complaints, and (2) once Columbia got actual notice of Urban's misconduct in 1990, it promptly took adequate curative measures. On the latter point, the court rejected Karibian's argument that her confidential disclosures to Murphy and Curtis were sufficient to put Columbia on notice of Urban's harassment. The court also rejected Karibian's alternative argument that notice to her supervisors at PMI, an independent contractor, constituted notice to Columbia. Having disposed of Karibian's federal claim, the court went on to dismiss Karibian's pendent state law claims for lack of jurisdiction. Karibian now appeals By its terms, Title prohibits discrimination on the basis of sex with respect to the \"compensation, terms, conditions, or privileges\" of employment. 42 U.S.C. \u00a7 2000e-2(a) (1) (1988). Although neither the statute nor its legislative history fleshes out the meaning of this sweeping prohibition, it is now established law that sexual harassment in the workplace violates \"Title VII's broad rule of workplace equality.\" Harris v. Forklift Sys., Inc., --- U.S. ----, ----, 114 S. Ct. 367, 371, 126 L. Ed. 2d 295 (1993). While the law of sexual harassment continues to develop at a brisk pace, a plaintiff seeking relief for sexual harassment may presently proceed under two theories: (1) quid pro quo, and (2) hostile work environment. See Meritor Sav. Bank v. Vinson, 477 U.S. 57, 64-65, 106 S. Ct. 2399, 2404-05, 91 L. Ed. 2d 49 (1986); Kotcher, 957 F.2d at 62. Karibian believes that Urban's harassment fits both paradigms; and we address each in turn. Under the Guidelines established by the Equal Employment Opportunity Commission (\"EEOC\"), quid pro quo harassment occurs when \"submission to or rejection of [unwelcome sexual] conduct by an individual is used as the basis for employment decisions affecting such individual.\" 29 C.F.R. Sec. 1604.11(a) (2) (1993). See also Carrero v. New York City Hous. Auth., 890 F.2d 569, 577 (2d Cir. 1989). Accordingly, to establish a prima facie case of quid pro quo harassment, a plaintiff must present evidence that she was subject to unwelcome sexual conduct, and that her reaction to that conduct was then used as the basis for decisions affecting the compensation, terms, conditions or privileges of her employment. See Lipsett v. University of Puerto Rico, 864 F.2d 881, 898 (1st Cir. 1988); Highlander v. K.F.C. Nat'l Mgmt. Co., 805 F.2d 644, 648 (6th Cir. 1986); Henson v. City of Dundee, 682 F.2d 897, 909 (11th Cir. 1982). Because the quid pro quo harasser, by definition, wields the employer's authority to alter the terms and conditions of employment--either actually or apparently--the law imposes 1 2/22/25, 5:55 Sharon Karibian, Plaintiff-appellant, v. Columbia University, John Borden, Defendants-cross-claimants-appellees, v. Mark Urban, De\u2026 5/11 strict liability on the employer for quid pro quo harassment. See Kotcher, 957 F.2d at 62 (\"The supervisor is deemed to act on behalf of the employer when making decisions that affect the economic status of the employee.\"); Carrero, 890 F.2d at 579 (\" [T]he harassing employee acts as and for the company, holding out the employer's benefits as an inducement to the employee for sexual favors.\"). Karibian argues that the district court erred when it required her to present evidence of actual, rather than threatened, economic loss in order to state a valid claim of quid pro quo sexual harassment. We agree. There is nothing in the language of Title or the Guidelines to support such a requirement. See Meritor, 477 U.S. at 64, 106 S. Ct. at 2404 (\" [T]he language of Title is not limited to 'economic' or 'tangible' discrimination.\"). True, in the typical quid pro quo case, the employee who refuses to submit to her supervisor's advances can expect to suffer some job-related reprisal. See, e.g., Saulpaugh v. Monroe Community Hosp., 4 F.3d 134, 142 (2d Cir. 1993). Accordingly, in such \"refusal\" cases, evidence of some job-related penalty will often be available to prove quid pro quo harassment. But that is not to say that such evidence is always essential to the claim. In the nature of things, evidence of economic harm will not be available to support the claim of the employee who submits to the supervisor's demands. Lipsett, 864 F.2d at 913; see, e.g., Showalter v. Allison Reed Group, Inc., 767 F. Supp. 1205, 1212 (D.R.I. 1991). The supervisor's conduct is equally unlawful under Title whether the employee submits or not. Under the district court's rationale, only the employee who successfully resisted the threat of sexual blackmail could state a quid pro quo claim. We do not read Title to punish the victims of sexual harassment who surrender to unwelcome sexual encounters. Such a rule would only encourage harassers to increase their persistence. The relevant inquiry in a quid pro quo case is whether the supervisor has linked tangible job benefits to the acceptance or rejection of sexual advances. It is enough to show that the supervisor used the employee's acceptance or rejection of his advances as the basis for a decision affecting the compensation, terms, conditions or privileges of the employee's job. See, e.g., Showalter, 767 F. Supp. at 1212 (\"The obvious tangible job benefit the plaintiffs received for succumbing to the harassment was the retention of their employment.\"). In this case, Karibian stated that her work assignments, raises and promotions depended on her continued responsiveness to Urban's sexual demands. In addition, Karibian claimed that Urban implicitly threatened to fire her and to damage her career if she did not comply. If true, Urban's conduct would constitute quid pro quo harassment because he made and threatened to make decisions affecting the terms and conditions of Karibian's employment based upon her submission to his sexual advances. 2/22/25, 5:55 Sharon Karibian, Plaintiff-appellant, v. Columbia University, John Borden, Defendants-cross-claimants-appellees, v. Mark Urban, De\u2026 6/11 In support of an \"actual economic loss\" requirement, Columbia relies on isolated language from the Kotcher and Carrero cases, supra, decided by this Court. In Kotcher, we broadly stated that under a quid pro quo theory \"the plaintiff-employee must establish that she was denied an economic benefit either because of gender or because a sexual advance was made by a supervisor and rejected by her.\" 957 F.2d at 62 (emphasis added). Kotcher, however, was a hostile work environment case, not a quid pro quo case; hence, the quoted language is, at best, dictum. Carrero was a quid pro quo case, and there we did say: \"The gravamen of a quid pro quo claim is that a tangible job benefit or privilege is conditioned on an employee's submission to sexual blackmail and that adverse consequences follow from the employee's refusal.\" 890 F.2d at 579 (emphasis added). Carrero, however, was a \"refusal\" case, not a \"submission\" case; accordingly, as one might expect, the job-related consequences of Carrero's refusal were both obvious and \"adverse.\" Consistent with the prima facie case outlined above, Carrero satisfied Title because her supervisor made decisions affecting her employment based on her response to his sexual advances. We read Carrero 's reference to \"adverse consequences,\" therefore, as descriptive of the facts before the Court, not as establishing a sine qua non that employment decisions be \"adverse\" in order to state a valid claim. Accordingly, there is no inconsistency between Carrero and our conclusion that once an employer conditions any terms of employment upon the employee's submitting to unwelcome sexual advances, a quid pro quo claim is made out, regardless of whether the employee (a) rejects the advances and suffers the consequences, or (b) submits to the advances in order to avoid those consequences. Finally, we believe imposing an \"actual economic loss\" requirement in a quid pro quo case where the employee submits to the unwelcome sexual overtures of her supervisor places undue emphasis on the victim's response to the sexual harassment. The focus should be on the prohibited conduct, not the victim's reaction. While the employee's submission to the supervisor's advances is certainly relevant, it bears only on the issue whether the sexual advances were unwelcome, not whether unwelcome sexual advances were unlawful. See Meritor, 477 U.S. at 68, 106 S. Ct. at 2406 (\"The correct inquiry is whether respondent by her conduct indicated that the alleged sexual advances were unwelcome....\"). Ultimately, the question whether Karibian submitted to Urban's advances out of a reasonable fear of some job-related reprisal is properly one for the finder of fact. Because the district court erroneously removed this central question from the factfinder by the grant of summary judgment, we reverse. II. Columbia's Liability for Hostile Work Environment 2/22/25, 5:55 Sharon Karibian, Plaintiff-appellant, v. Columbia University, John Borden, Defendants-cross-claimants-appellees, v. Mark Urban, De\u2026 7/11 Karibian also contends that the district court erred when it held that Columbia could be liable under a hostile work environment theory only if she satisfied the standard applied in Kotcher v. Rosa & Sullivan Appliance Center, Inc., 957 F.2d 59 (2d Cir. 1992). In Kotcher, we said that the plaintiff must prove that the employer \"either provided no reasonable avenue for complaint or knew of the harassment but did nothing about it.\" 957 F.2d at 63. Karibian contends that this standard is not applicable to all claims of hostile work environment, and that a different standard obtains here. Columbia responds that the standard described in Kotcher governs an employer's liability in this and every hostile work environment case. Again, Karibian has the better argument hostile work environment exists \" [w]hen the workplace is permeated with 'discriminatory intimidation, ridicule, and insult,' that is 'sufficiently severe or pervasive to alter the conditions of the victim's employment.' \" Harris, --- U.S. at ----, 114 S. Ct. at 370 (quoting Meritor, 477 U.S. at 65, 67, 106 S. Ct. at 2404, 2405). Whereas liability for quid pro quo harassment is always imputed to the employer, a plaintiff seeking to establish harassment under a hostile environment theory must demonstrate some specific basis to hold the employer liable for the misconduct of its employees. Kotcher, 957 F.2d at 62. Unfortunately, the \"specific basis\" of employer liability for a hostile work environment remains elusive. In Meritor, the Supreme Court declined to announce a definitive rule on employer liability in hostile work environment cases. Meritor, 477 U.S. at 72, 106 S. Ct. at 2408. Meritor did, however, make two things clear: employers are not always liable for the hostile work environment created by their employees. Id. And, lack of notice and the existence of complaint procedures do not automatically insulate an employer from liability. Id. Beyond these alpha and omega rules, the Court declined to offer further enlightenment. Instead, we are instructed to be guided by common law principles of agency. Id rule of employer liability deriving from traditional agency principles cannot be reduced to a universal, pat formula. It will certainly be relevant to the analysis, for example, that the alleged harasser is the plaintiff's supervisor rather than her co-worker. See, e.g., Kauffman v. Allied Signal, Inc., Autolite Div., 970 F.2d 178, 183 (6th Cir.) (contrasting standard of employer liability in cases of co-worker harassment from that applicable in cases of supervisor harassment), cert. denied, --- U.S. ----, 113 S. Ct. 831, 121 L. Ed. 2d 701 (1992); Horn v. Duke Homes, Div. of Windsor Mobile Homes, Inc., 755 F.2d 599, 604 (7th Cir. 1985) (suggesting that a notice requirement may be necessary in cases of co-worker harassment, but not in cases of harassment by supervisors). Yet, even such a distinction will not always be dispositive. For example, we held in Kotcher, that the employer was not 2/22/25, 5:55 Sharon Karibian, Plaintiff-appellant, v. Columbia University, John Borden, Defendants-cross-claimants-appellees, v. Mark Urban, De\u2026 8/11 liable for the hostile work environment caused by the plaintiff's supervisor absent notice or the failure to provide a reasonable avenue for complaint. 957 F.2d at 63. We went on to caution, however, that we were not dealing in absolutes and that the Kotcher rule would not necessarily apply in all cases; we noted, for example, that \" [a]t some point ... the actions of a supervisor at a sufficiently high level in the hierarchy would necessarily be imputed to the company.\" Id. at 64. We have not yet had occasion to address the proper standard of employer liability where, as here, the plaintiff's supervisor created a discriminatorily abusive work environment through the use of his delegated authority. Common law principles of agency suggest that in such circumstances the employer's liability is absolute. The Restatement of Agency notes that an employer will be liable for the torts of its employees committed \"while acting in the scope of their employment,\" or, if not acting in the scope of employment, if the employee \"purported to act or to speak on behalf of the principal and there was reliance upon apparent authority, or he was aided in accomplishing the tort by the existence of the agency relation.\" Restatement (Second) of Agency Secs. 219(1) & (2) (d) (1958). Hence, when a supervisor makes employment decisions based on an employee's response to his sexual overtures, it is fair to hold the employer responsible because \"the supervisor is acting within at least the apparent scope of the authority entrusted to him by the employer.\" Henson, 682 F.2d at 910. We hold that an employer is liable for the discriminatorily abusive work environment created by a supervisor if the supervisor uses his actual or apparent authority to further the harassment, or if he was otherwise aided in accomplishing the harassment by the existence of the agency relationship. See Restatement (Second) of Agency Sec. 219; 29 C.F.R. Sec. 1604.11(c); see also Hirschfeld v. New Mexico Corrections Dep't, 916 F.2d 572, 579 (10th Cir. 1990); Sparks v. Pilot Freight Carriers, Inc., 830 F.2d 1554, 1559-60 (11th Cir. 1987); Watts v. New York City Police Dep't, 724 F. Supp. 99, 106 n. 6 (S.D.N.Y. 1989). In contrast, where a low-level supervisor does not rely on his supervisory authority to carry out the harassment, the situation will generally be indistinguishable from cases in which the harassment is perpetrated by the plaintiff's co-workers; consequently, the Kotcher standard of employer liability will generally apply, and the employer will not be liable unless \"the employer either provided no reasonable avenue for complaint or knew of the harassment but did nothing about it.\" Kotcher, 957 F.2d at 63. See 29 C.F.R. Sec. 1604.11(d); see also Lopez v. S.B. Thomas, Inc., 831 F.2d 1184, 1189 (2d Cir. 1987); Snell v. Suffolk County, 782 F.2d 1094, 1104 (2d Cir. 1986). Cf. Hirschfeld, 916 F.2d at 579 (employer not liable absent evidence that supervisor \"ever invoked [his] authority in order to facilitate his harassment of plaintiff\"). 2/22/25, 5:55 Sharon Karibian, Plaintiff-appellant, v. Columbia University, John Borden, Defendants-cross-claimants-appellees, v. Mark Urban, De\u2026 9/11 Applying these principles, we agree with Karibian that Columbia would be liable for Urban's alleged harassment regardless of the absence of notice or the reasonableness of Columbia's complaint procedures. The essence of Karibian's hostile work environment claim is that her supervisor capitalized upon his authority over her employment to force her to endure a prolonged, violent and demeaning sexual relationship. If the factfinder accepts Karibian's allegations, Columbia is liable to Karibian because Urban abused his delegated authority to create a discriminatorily abusive work environment. Our conclusion that Columbia would be liable on a hostile environment claim for the harassment alleged by Karibian follows naturally from our earlier conclusion that Karibian stated a valid claim for quid pro quo harassment. Under the latter, courts have universally held employers liable for the actions of the supervisor because \" [t]he supervisor is deemed to act on behalf of the employer when making decisions that affect the economic status of the employee. From the perspective of the employee, the supervisor and the employer merge into a single entity.\" Kotcher, 957 F.2d at 62. See also Carrero, 890 F.2d at 579 (\"in quid pro quo cases the harassing employee acts as and for the company, holding out the employer's benefits as an inducement to the employee for sexual favors\"); Steele v. Offshore Shipbuilding, Inc., 867 F.2d 1311, 1316 (11th Cir. 1989) (\"When a supervisor requires sexual favors as quid pro quo for job benefits, the supervisor, by definition, acts as the company.\"); Henson, 682 F.2d at 910 (in a quid pro quo case, \"the supervisor uses the means furnished to him by the employer to accomplish the prohibited purpose\"). It would be a jarring anomaly to hold that conduct which always renders an employer liable under a quid pro quo theory does not result in liability to the employer when that same conduct becomes so severe and pervasive as to create a discriminatorily abusive work environment. Columbia argues that holding it liable for Urban's harassment is contrary to the standard of employer liability we applied in Kotcher. We disagree. In Kotcher, the gist of the plaintiff's hostile work environment claim was that her supervisor subjected her to repeated vulgar comments and gestures. 957 F.2d at 61. We held that the employer would not be liable for the supervisor's misconduct unless the employer provided no reasonable avenue for complaint, or unless it knew of the supervisor's misconduct but did nothing about it. 957 F.2d at 63. As support for this standard of liability, we relied on Snell v. Suffolk County, 782 F.2d 1094, 1104 (2d Cir. 1986), in which the harassment was perpetrated by the plaintiff's co-workers. In both Kotcher and Snell we simply applied the law of agency to the facts before us and concluded that liability for the misconduct alleged could not be imputed to the employer. In neither Kotcher nor Snell, however, did the harasser use his actual or apparent authority to further the harassment alleged. Thus understood, our holding today is complementary to Kotcher, not inconsistent with it. 2/22/25, 5:55 Sharon Karibian, Plaintiff-appellant, v. Columbia University, John Borden, Defendants-cross-claimants-appellees, v. Mark Urban, De\u2026 10/11 The judgment of the district court granting summary judgment on Karibian's Title claim is reversed and the matter is remanded for further proceedings consistent with this opinion. Because we reinstate Karibian's federal claim, the judgment dismissing Karibian's pendent state law claims for lack of jurisdiction is reversed as well. Finally, Columbia's request for an order directing Karibian to share the cost of the supplemental appendix is denied and REMANDED. * Honorable Gerald W. Heaney, of the United States Court of Appeals for the Eighth Circuit, sitting by designation 1 In the district court, Karibian also alleged that Columbia closed the Telefund office in retaliation for Karibian's sexual harassment complaint. See 812 F. Supp. at 417. In her main brief on appeal, Karibian does not argue the point separately. Rather, Karibian simply characterizes the \"premature\" closing of the Telefund office as \"retaliatory\" in the context of her argument that Columbia's complaint procedures were inadequate We have no obligation to review issues that are raised, but not independently and sufficiently developed, in an appellant's main brief. See Freeman United Coal Mining Co. v. OWCP, 957 F.2d 302, 305 (7th Cir. 1992). We conclude that for purposes of appeal, Karibian has forfeited--if not abandoned--any independent claim she may have had for retaliatory discharge by subsuming that argument within her hostile work environment argument. See, e.g., Brown v. Trustees of Boston Univ., 891 F.2d 337, 362 (1st Cir. 1989). Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 2/22/25, 5:55 Sharon Karibian, Plaintiff-appellant, v. Columbia University, John Borden, Defendants-cross-claimants-appellees, v. Mark Urban, De\u2026 11/11", "7291_104.pdf": "Karibian v. Columbia University, 930 F. Supp. 134 (S.D.N.Y. 1996 District Court for the Southern District of New York - 930 F. Supp. 134 (S.D.N.Y. 1996) June 28, 1996 930 F. Supp. 134 (1996) Sharon KARIBIAN, Plaintiff, v UNIVERSITY, John Borden and Mark Urban, Defendants. No. 91 Civ. 3153 (TPG). United States District Court, S.D. New York. June 28, 1996. 135 136 Elizabeth Koob, Koob & Magoolaghan, New York City, for Plaintiff. Cliff Solomon, Corwin Solomon & Tanenbaum, P.C., New York City, for Defendant Urban. Diane Wilner, Wilner & Associates, P.C., New York City, for Defendants Columbia and Borden GRIESA, Chief Judge. 2/22/25, 5:55 Karibian v. Columbia University, 930 F. Supp. 134 (S.D.N.Y. 1996) :: Justia 1/28 This is an action to recover damages for alleged sexual harassment under Title of the Civil Rights Act of 1964, 42 U.S.C. \u00a7\u00a7 2000e et seq., and state law. Plaintiff Sharon Karibian brought suit against the alleged perpetrator, Mark Urban; against Columbia University, the former employer of Karibian and Urban; and against John Borden, a vice president at Columbia. The action has been tried. The jury returned its verdict on February 13, 1996, and certain of the parties have made post-trial motions. The Issues At Trial The issues in the case were narrowed somewhat during trial, leaving the following claims of Karibian to be decided, some by the jury and some by the court, as will be described. (1) Karibian claimed that Urban sexually harassed her by engaging in unwelcome sexual activities with Karibian and indicating to her that she would receive employment advantages if she submitted and disadvantages in her employment if she did not. Karibian claimed that she in fact was benefitted in her employment while submitting to Urban's sexual demands and suffered detriment after she discontinued the relationship. Karibian also claimed that Urban retaliated against her because she complained to Columbia. (2) Although it was conceded that Urban was not personally liable under Title VII, Karibian claimed that Urban was liable under the New York Human Rights Law, Executive Law \u00a7 296, both for his sexual harassment and his retaliation against Karibian for complaining. (3) Karibian claimed that Columbia was liable under both Title and the New York Human Rights Law because Columbia was responsible for the sexual harassment and retaliation committed by Urban, and because it retaliated against her for complaining and failed to take reasonable investigative and remedial measures. (4) Karibian claimed that Borden was liable under the New York Human Rights Law because he retaliated against Karibian for complaining and failed to take reasonable investigative and remedial measures. Appropriate questions were submitted to the jury. In response, the jury found that Urban did not commit sexual harassment against Karibian, nor did he retaliate against Karibian for making a complaint. The jury further found that neither Borden nor Columbia retaliated against Karibian for complaining. The jury found that Borden did not fail to take reasonable investigative and remedial measures. However, the jury found that Columbia did fail to take reasonable investigative and remedial measures. 2/22/25, 5:55 Karibian v. Columbia University, 930 F. Supp. 134 (S.D.N.Y. 1996) :: Justia 2/28 As will be described more fully at a later point, it was conceded that, under the particular circumstances of this case, if Urban was found to have committed sexual harassment, Columbia would be automatically liable under Title VII. This was one of the rulings in an earlier appeal in the present case. Karibian 137 v. Columbia University, 14 F.3d 773, 780 (2d Cir. 1994). However, there was disagreement about whether this would be the case under the New York Human Rights Law. Columbia contended that it would be liable under the Human Rights Law only if it had notice of Urban's wrongdoing and acquiesced in or condoned it. In order to take into account Columbia's position, the jury was asked whether Columbia had notice of, and acquiesced in or condoned, sexual harassment by Urban. Despite the fact that the jury answered the question about Urban's sexual harassment in the negative, the jury answered the question about Columbia's notice of and acquiescence in or condoning of Urban's sexual harassment in the affirmative. This seeming contradiction was cleared up when the jury answered a supplemental question and indicated that its answer to Question 2 meant that it found that Columbia had notice of a complaint by Karibian beginning at the date referred to. Thus the jury did not intend to state that Columbia had notice of actual sexual harassment by Urban, but only notice of Karibian's then version, which the jury has now rejected based on the evidence at trial. The following are the questions addressed to the jury and the jury's answers: 1. Do you find that Urban committed sexual harassment against Karibian? Yes ___ No x 2. Do you find that Columbia had notice of, and acquiesced in or condoned, Urban's sexual harassment beginning in September 1988? Yes x No ___ The following questions relate to the events subsequent to Karibian's complaint to de la Osa in January or February 1990. 3. Do you find that Urban retaliated against Karibian for making her complaint? 2/22/25, 5:55 Karibian v. Columbia University, 930 F. Supp. 134 (S.D.N.Y. 1996) :: Justia 3/28 Yes ___ No x 4. Do you find that Borden unlawfully failed to take reasonable steps to determine the facts about Karibian's complaint and take appropriate remedial action? Yes ___ No x 5. Do you find that Columbia unlawfully failed to take reasonable steps to determine the facts about Karibian's complaint and take appropriate remedial action? Yes x No ___ 6. Do you find that Borden retaliated against Karibian for making her complaint? Yes ___ No x 7. Do you find that Columbia retaliated against Karibian for making her complaint? Yes ___ No x The supplemental question, asking for clarification of the answer to Question 2, was as follows: 2/22/25, 5:55 Karibian v. Columbia University, 930 F. Supp. 134 (S.D.N.Y. 1996) :: Justia 4/28 2A. Does your answer to question 2 mean that you find that Columbia had notice of a complaint by Karibian of sexual harassment beginning in September 1988? Yes x No ___ The jury found damages against Columbia in the amount of $150,000 for lost earnings, and $300,000 for pain and suffering. Prior to the time Title was amended in 1991, there was no right of jury trial under that statute. It was conceded that the pre-amendment law applied in this case. It was assumed by the parties and the Court that therefore Karibian's Title claim would be decided by the Court, while the Human Rights Law claims would be decided by the jury. While the jury was deliberating, the Court announced its ruling that Karibian had not proved the Title case against Columbia on any basis and that the Title claim should be dismissed (Tr. 2158-65). Subsequent to this and prior to the jury verdict, Karibian's attorneys submitted a brief indicating that, where a Title claim is tried along with a New York Human Rights Law claim, both claims having the same elements, the Court should apply the jury verdict on the Human Rights Law claim to the Title claim. See Song v. Ives Laboratories, 957 F.2d 1041, 1048 (2d Cir.1992). The present status of the Court's Title ruling will be discussed later in this opinion. 138 The Post-Trial Motions Both Karibian and Columbia have made post-trial motions. Karibian's applications are as follows: (1) Karibian moves under Fed.R.Civ.P. 50(b) for judgment as a matter of law, setting aside the jury's answer to Question 1 and finding that Urban committed sexual harassment. 2/22/25, 5:55 Karibian v. Columbia University, 930 F. Supp. 134 (S.D.N.Y. 1996) :: Justia 5/28 (2) In the event that Motion (1) is denied, Karibian moves under Rules 50(b) and 59 for a new trial on the issue of Urban's alleged sexual harassment because the jury's answer to Question 1 is in conflict with the jury's answers to Questions 2, 2A and 5. (3) Karibian moves under Rules 50(b) and 59 for a new trial on the issues of Urban's alleged sexual harassment and retaliation, claiming that the Court erred in excluding some of the proffered testimony of Susan Xenarios; that the Court erroneously failed to order the production of certain documents in discovery; and that there were errors in the Court's instructions to the jury. (4) Karibian moves under Rule 50(b) for judgment as a matter of law, setting aside the jury's answer to Question 7 and finding that Columbia engaged in retaliation. Karibian has made no motions regarding Borden. Columbia moves under Rule 50(b) for judgment as a matter of law, setting aside the jury's answers to Questions 2 and 5, and setting aside the award of damages against Columbia. In the alternative, Columbia moves for a new trial on these issues. Summary of Rulings The court denies all of Karibian's motions. The court grants Columbia's motion for judgment as a matter of law, and in the alternative grants Columbia's motion for a new trial. Discussion Karibian Motion (1) 2/22/25, 5:55 Karibian v. Columbia University, 930 F. Supp. 134 (S.D.N.Y. 1996) :: Justia 6/28 There is no basis whatever for granting judgment as a matter of law setting aside the jury's answer to Question 1. The weight of the evidence strongly favored the jury's finding that Karibian had not proved sexual harassment committed against her by Urban. Karibian Motion (2) Prior to instructing the jury, the court had extensive discussions with counsel about the issues to be decided. The first and most important issue in the case was obviously whether Urban had committed sexual harassment. This issue was embodied in Question 1. If Urban was guilty of this misconduct he would be personally liable under the New York Human Rights Law, although he would not be personally liable under Title VII. As to Columbia, although it was conceded that, in the event the jury found sexual harassment by Urban, Columbia would be automatically liable, Columbia argued that it would be liable under the Human Rights Law only if it had notice of Urban's wrongdoing and acquiesced in or condoned it. Columbia's position was supported by cases such as Totem Taxi v. New York State Human Rights Appeal Board, 65 N.Y.2d 300, 491 N.Y.S.2d 293, 295, 480 N.E.2d 1075, 1077 (1985); and Goering v Information Resources Co., 209 A.D.2d 834, 619 N.Y.S.2d 167, 168 (1994). Karibian argued that, on the issue of whether Columbia would be liable for sexual harassment committed by Urban, the standard under the Human Rights Law should be the same as under Title VII, citing Zveiter v. Brazilian National Superintendency of Merchant Marine, 833 F. Supp. 1089, 1095 (S.D.N.Y.1993). Karibian went on to cite the holding of the Second Circuit in an earlier appeal in her own case, in which the Court ruled that Columbia would be liable under Title for Urban's sexual harassment without any showing of notice. Karibian v. Columbia University, 14 F.3d 773, 780 (2d Cir.1994). Although it may be that ultimately the New York courts will bring their interpretation of the Human Rights Law in line with the interpretation of Title in Karibian, 139 they have not yet done so. Indeed, the Third Department's decision in Goering v. NYNEX, supra came after Karibian but did not cite the latter case. In any event, it was obviously necessary to pose a question to the jury in line with current New York law. Thus, Question 2 was included, which asked whether Columbia had notice of and acquiesced in or condoned the sexual harassment committed by Urban. The time of September 1988 was selected as referring to the first occasion on which Columbia might arguably have had notice. 2/22/25, 5:55 Karibian v. Columbia University, 930 F. Supp. 134 (S.D.N.Y. 1996) :: Justia 7/28 The intention in asking Question 2 was not to have the jury revisit the issue of Urban's sexual harassment dealt with in Question 1. It was simply to ask about Columbia's conduct in the event of an affirmative answer to Question 1. This intention was not made sufficiently clear to the jury, and the jury answered Question 2 even though it had answered Question 1 in the negative. The jury's answer to Question 2 was in the affirmative. Nevertheless, it must be concluded that, whatever significance the answer to Question 2 may have, the jury did not intend to contradict its answer to Question 1. The Court's instructions in regard to Question 2 dealt solely with the issue of what would constitute sufficient notice to Columbia. Columbia argued that the persons Karibian spoke to at Columbia in September 1988 were bound to keep the communications confidential and that therefore these communications were not sufficient notice. Karibian argued that the communications were not confidential. The Court discussed with the jury at some length the idea that notice to Columbia would need to be the type of communication which Columbia could act upon in some corrective manner. During its deliberations, the jury submitted the following inquiry. \"Does Question 2 ask us to determine if Sharon Karibian's 9/16/88 meeting with Ruth Curtis was or was not official notification?\" Then, for a second time, the Court explained at length the meaning of \"notice\" and its relationship to confidentiality. After the jury reported its answers to the various questions, there was a discussion of the possible conflict between the answer to Question 1 and the answer to Question 2. Karibian's attorney proposed certain alternative supplemental questions designed to deal with the problem. The Court did not use any of these in their exact form. The Court drafted its own Question 2A, asking if the jury's answer to Question 2 meant that it found that Columbia had notice of a complaint by Karibian of sexual harassment beginning in September 1988. This question was suggested by the fact that the jury had made an affirmative answer to Question 5, finding that Columbia had failed to take reasonable steps to determine the facts about Karibian's complaint and had failed to take appropriate remedial action. Although Question 5 referred to the period subsequent to January or February 1990, the answer to Question 5 still suggested the possibility that, in answering Question 2, the jury was really referring to Karibian's complaint rather than to actual sexual harassment committed by Urban. In submitting Question 2A, the Court instructed the jury as follows (Tr. 2202-3): 2/22/25, 5:55 Karibian v. Columbia University, 930 F. Supp. 134 (S.D.N.Y. 1996) :: Justia 8/28 COURT: The reason am calling you back at the moment is in respect to question 2. You answered question 1 with a No and the question was, do you find that Urban committed sexual harassment against Karibian? The answer was, No. Then, as far as Urban, later, do you find that Urban later retaliated against Karibian for making the complaint. The answer was, No. The answers about the other answers were No except for 5 and you said that question was, do you find that Columbia unlawfully failed to take reasonable steps to determine the facts about Karibian's complaint and take appropriate remedial action? Now assume that you did not mean to make any inconsistent answers have a right to assume that as a judge but want to just get a clarification. In light of your answer to 5 about whether Columbia unlawfully failed to take reasonable steps to determine the facts 140 about Karibian's complaint and take appropriate remedial action, you recall told you that even though you didn't find on the basis of the evidence in this trial actual sexual harassment committed by Urban, there could still be a problem, a legal problem, if Columbia failed to take action on the basis of the complaint; in other words, what was known to it at the time. Do you recall that instruction think am going to ask you to just retire briefly and am sure this can be brief, and am going to ask you a question called question 2A. It is as follows: 2/22/25, 5:55 Karibian v. Columbia University, 930 F. Supp. 134 (S.D.N.Y. 1996) :: Justia 9/28 Does your answer to question 2 mean that you find that Columbia had notice of a complaint by Karibian of sexual harassment beginning in September 1988? Where there is a view of the case that makes the jury's answers to special interrogatories consistent, the court must adopt this interpretation. See Atlantic & Gulf Stevedores, Inc. v. Ellerman Lines, 369 U.S. 355, 82 S. Ct. 780, 7 L. Ed. 2d 798 (1962). Such an interpretation is not difficult to arrive at in the present case. It is perfectly apparent from the record as a whole and from the jury's answer to Question 2A that the jury had no intention whatever of finding for Urban in response to Question 1 and then contradicting itself in answering Question 2. The answer to Question 2, as clarified, is not relevant to the issue of whether Urban committed sexual harassment, but only to the issue of Columbia's notice of a complaint. For these reasons the court denies Karibian's request for a new trial based on the claim of a contradictory verdict. Karibian Motion (3) The Xenarios Testimony As already described, the jury not only found that Karibian had not proved her case of sexual harassment against Urban, but the jury also found that Karibian had not proved that he retaliated against her for making the complaint. Karibian now seeks a new trial on the ground that the court improperly refused to admit certain testimony by Susan Xenarios. Although this evidence is claimed to relate mainly to the sexual harassment claim, it is also contended that the evidence relates to some extent to the claim of retaliation. Xenarios is a clinical social worker, who counsels victims of trauma, particularly those who have suffered sexual abuse and battering. She teaches and writes on these and related subjects, and has testified as an expert in rape cases. Xenarios treated Karibian in 1990 and 1991 and saw her again in 1995 in preparation for the trial. Karibian sought to have Xenarios testify on three subjects: (1) about what Xenarios observed of Karibian during the treatment; (2) on the issue of damages, particularly with reference to Xenarios's opinion of Karibian's current condition and future prognosis; and (3) Xenarios's opinion as to the reluctance of people to make complaints about sexual harassment (Tr. 956-61). In response to defense objections, the court ruled that Xenarios 2/22/25, 5:55 Karibian v. Columbia University, 930 F. Supp. 134 (S.D.N.Y. 1996) :: Justia 10/28 would be permitted to testify as to the first and second subjects, but not as to the third (Tr. 1315-19). Essentially what the court had in mind was the fact that testimony about the reluctance of people to complain about sexual harassment would involve such an oversimplification of the issue that it would be of no real help to the jury and could be misleading. There was a lengthy and complex record about what Karibian had said to various persons regarding her relationship with Urban. Certain evidence about what she told these people about what happened with Urban was drastically inconsistent with her testimony in court, and Karibian had sought to avoid admitting making the prior inconsistent statements. In order to assess the relevance of the proposed Xenarios testimony to all this, it is appropriate to describe the record in some detail. Karibian's relationship with Urban commenced in the fall of 1987. Karibian testified at the trial that there were two instances of forced, violent sexual intercourse, or attempted sexual intercourse, occurring in March and May 1988. She testified that activities of a sexual nature, undesired by her, continued until September 1988, after which there was a hiatus until early 1989. Then, according to Karibian's testimony, Urban again started making sexual demands upon her, and she 141 engaged in various forms of sexual activity with him until about April 1989. Karibian testified that, although the sexual activity with Urban ceased about April 1989, he resented the termination of the relationship and took various steps detrimental to her in her employment. Karibian sought the assistance of Dr. Joan Yager, a clinical psychologist employed by the Mental Health Division of Columbia University Health Services. Karibian made eight visits to Yager between June 2, 1988 and August 4, 1988. The first visit was within a few days of what Karibian testified was the second violent sexual encounter. Yager made detailed notes of these visits, the accuracy of which cannot be seriously questioned. The version which Karibian presented to Yager was far different from the version told in court. The problem, as described in detail to Yager, was Karibian's anxiety about being able to hold Urban as a boyfriend. She told Yager that a previous boyfriend had compared her unfavorably to another woman, and she indicated that Urban had spoken in the same terms. Karibian expressed concern about becoming attached to men who became unavailable to her, and who would withdraw from her. Karibian spoke of having to pursue Urban, stating that he did not call her unless she called him, and saying that she put all the energy into the relationship. Karibian said nothing about Urban making unwelcome advances to her or holding out benefits or detriments in the employment relationship in order to impose his will upon her. She spoke of no force or violence in connection with the sexual relationship. 2/22/25, 5:55 Karibian v. Columbia University, 930 F. Supp. 134 (S.D.N.Y. 1996) :: Justia 11/28 Columbia had a panel of persons who could be consulted in sexual harassment situations. One member of the panel in 1988 was Mary Murphy, who was Deputy Vice President for Student Services. Karibian had a meeting with Murphy in September 1988. Murphy did not make notes of the meeting, but testified as to her memory of it. Murphy testified that Karibian explained that she was having a relationship with a man who was working at the University. According to Murphy, Karibian made it clear repeatedly that she had willingly engaged in this relationship, but she now wished to terminate it and was concerned that it would have an impact on her job. According to Murphy, Karibian mentioned nothing about coercion or violence. Murphy testified that she discussed with Karibian certain options as to how to deal with the problem including talking directly to the man involved about her concerns, writing a letter to him about these concerns, going to the Equal Opportunity Office for informal counseling and mediating, and instituting a formal grievance procedure. Murphy testified that these options did not seem to appeal to Karibian. She told Karibian that if she could handle the problem in her own way, that would of course be an achievement. Much earlier in the case Karibian had testified about her sessions with Yager. Karibian testified that in those talks she felt embarrassed, and that she did not feel comfortable with Yager. Her testimony made it appear that she said very little to Yager about her relationship with Urban. Karibian went so far as to say that Yager never asked Karibian about what brought Karibian into Yager's office, and that most of Yager's questions were about her family, her relationship with her father, and previous relationships with men. Karibian had also testified about her visit to Murphy that she told Murphy that she had had a sexual relationship with her boss; that now it was over and suddenly her hours were being decreased; and that she was trying to find out if there was anything she could do about this. Karibian said nothing in her testimony about telling Murphy whether the relationship was willing or unwilling. Karibian denied that Murphy outlined any possible remedies. According to Karibian, Murphy simply said that office relationships of this kind happen all the time, and that when Karibian gained experience working she would become accustomed to this kind of thing few days after seeing Murphy, Karibian went to Ruth Curtis, an employee at Columbia's Equal Opportunity Affirmative Action Office. The evidence about Karibian's discussion with Curtis will not be described in detail here. It is sufficient to say at this 142 point that Karibian testified that she told Curtis that she was pressured into a sexual relationship. Curtis took no steps in response to what Karibian said to her. Curtis testified at the trial that this was because the communication was confidential, something Karibian denied. 2/22/25, 5:55 Karibian v. Columbia University, 930 F. Supp. 134 (S.D.N.Y. 1996) :: Justia 12/28 The course of events after September 1988 has been briefly summarized above. It is necessary to add at this point that in February 1990 Karibian made a complaint of sexual harassment to Gertrude de la Osa at Columbia, and this complaint was relayed to a number of other people at Columbia. What has just been set forth is a summary of the relevant parts of the record as it stood at the time Karibian's attorneys proposed to have Xenarios testify. With reference to the proposal to have Xenarios testify about the reluctance of people to make complaints about sexual harassment, the real issue presented by the evidence at trial was not about Karibian's reluctance to speak. She did voluntarily speak to Yager, and then to Murphy and Curtis, commencing relatively early in the relationship and within days of what she alleged was a violent sexual encounter. Karibian's attorneys were not oblivious to this, and it was obvious that the real purpose of the proposed testimony of Xenarios was to try to have Xenarios explain away the devastating conflicts between Karibian's statements to Yager and Karibian's court testimony. But Karibian herself had been given the opportunity to confront these conflicts and to explain them, if they could be explained. She had had the opportunity to say what she wished to say about her emotional state at the time of the sessions with Yager, and to give an explanation in her own way of how this affected her various statements to Yager. To a certain extent she did this, but mainly she failed to confront what she had said to Yager. She in effect attempted to deny saying to Yager most of what was actually said. The Court was of the view that the proposed expert opinion of Xenarios about the emotional state of persons subjected to sexual harassment would not be helpful to the jury in view of the particular nature of what Karibian had said both in and out of court and in view of the fact that the essential issues were within the standard realm of factors relating to credibility. While the jury was deliberating, and while the Court was preparing to rule on the Title issues, the Court requested both Karibian and Urban to take the stand for further questioning by the Court. In connection with the motion here under consideration, the testimony of Karibian is particularly significant. Although the jury did not hear the testimony, any jury sitting in a new trial would surely hear this type of testimony. The Court wished to have a precise record as to what Karibian admitted saying to Yager and what she did not admit. The Court examined Karibian based on the Yager notes. The result of this examination is nothing short of astounding. Karibian admitted saying to Yager those things which were consistent with her position in court. She flatly denied 2/22/25, 5:55 Karibian v. Columbia University, 930 F. Supp. 134 (S.D.N.Y. 1996) :: Justia 13/28 saying those things which were inconsistent. For instance, she denied telling Yager that men withdraw after you like them; that Urban and a previous boyfriend, Tim, pulled back after she decided she liked them; that she seemed to pick unavailable men whom she wanted to make more available to her; that she hoped that being nice to a man would bring him around; that part of her attraction to Urban was that he was her boss (she denied saying she was attracted to him); and that she had to put all the energy into the relationship. Karibian did not claim that these statements were made because of a mental disturbance of some kind. She flatly denied making them. It must be said that there is no way in which these denials can be considered credible. As to her talk with Murphy, Karibian denied saying that she willingly engaged in the relationship. She further contradicted Murphy's testimony about suggesting a number of options to deal with the problem posed by Karibian. At some point after the case was submitted to the jury, the attorneys for Karibian requested that the Court hear the testimony of Xenarios on the subject matter which had been excluded by the Court. The idea was 143 that the Court was dealing with the Title claim without a jury, and could be more liberal in receiving evidence for the Court's own use. The Court could give the testimony as much weight, as little weight, or no weight, as it saw fit after hearing the testimony. Over the objections of defense counsel, the Court did hear further testimony from Xenarios. This occurred about two weeks after the jury completed its work. The record shows that, by this time, the Court regarded the testimony as also being an offer of proof of what would have been presented to the jury if Xenarios had been permitted to testify to the full extent proposed by Karibian's attorneys. The principal purpose of this renewed Xenarios testimony was to deal with the Yager material. Xenarios was confronted with a number of the items in the Yager notes which contradicted Karibian's position in court. Xenarios attempted to explain them by saying that Karibian was in a bad mental condition was embarrassed, confused and disorganized when she went to see Yager. However, when it came to the specific points in the Yager notes, the Xenarios testimony was woefully lacking in cogency. Asked about the notation of Karibian saying that men withdraw after you like them, Xenarios had no explanation other than assuming that Yager's note was wrong. As to Karibian's statement that Urban and a prior boyfriend pulled back after Karibian decided she liked them, Xenarios was asked how that fitted in with Karibian's claim in court. The answer of Xenarios was simply unintelligible. Xenarios was asked about the Yager notation regarding Karibian having to put all the energy into the relationship. Xenarios explained why Karibian would say this 2/22/25, 5:55 Karibian v. Columbia University, 930 F. Supp. 134 (S.D.N.Y. 1996) :: Justia 14/28 because women who are abused will often exert effort to make things better. The trouble is that this was one of the statements Karibian denied ever making to Yager. Xenarios admitted that, in preparation for both her earlier testimony before the jury and this later testimony to the Court, she had reviewed medical records, including the Yager notes, but had not reviewed the evidence about the statements made to Murphy, to Curtis and to others at Columbia, and had not reviewed Karibian's testimony before the jury and to the Court. After summarizing this testimony, the Court asked if it would have any effect upon the views of Xenarios. Xenarios said, \"Absolutely not,\" and proceeded to give a lengthy explanation in which she failed entirely to deal with the testimony the Court was inquiring about. At the conclusion of this session the court reiterated its view that the proposed testimony of Xenarios had been properly excluded (Tr. 2256-59). Fed.R.Evid. 702 governs the admissibility of expert testimony. It states: If scientific, technical or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise. In Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579, 113 S. Ct. 2786, 125 L. Ed. 2d 469 (1993), the Supreme Court held, under Rule 702, that a trial judge must decide on the admissibility of proffered expert scientific evidence by assessing whether the reasoning or methodology underlying the testimony is scientifically valid and whether the reasoning or methodology properly can be applied to the facts at issue. Id. at 592, 113 S. Ct. at 2796. The latter consideration is another way of expressing the requirement of Rule 702 that the testimony must assist the trier of fact to understand the other evidence in the case or to determine a fact at issue. Daubert, id. at 595, 113 S. Ct. at 2797-98, makes it clear that the judge must be mindful of other applicable rules, including Rule 403, which allows exclusion of relevant evidence ... if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence. 2/22/25, 5:55 Karibian v. Columbia University, 930 F. Supp. 134 (S.D.N.Y. 1996) :: Justia 15/28 The Second Circuit has affirmed a district court's exclusion of expert testimony in a case analogous to the present one. Although 144 decided before Daubert, it is entirely consistent with its principles. In U.S. v. DiDomenico, 985 F.2d 1159 (2d Cir.1993), the defendant was accused of transporting stolen property, and proposed to call a psychiatrist to testify that the defendant suffered from \"dependent personality disorder\" and thus did not know that the property was stolen. The defendant herself had testified about her strong emotional ties with a man who had acquired the stolen property, and had further testified that she did not know the nature of the property when she assisted him in disposing of it. The expert testimony was proffered to give a clinical corroboration to the defendant's testimony. The district court sustained an objection to the testimony, and the court of appeals affirmed, holding that the imprimatur of a clinical label was neither necessary nor helpful for the jury to make an assessment of the defendant's state of mind. The court of appeals noted that there was lay testimony concerning the defendant's emotional state at the time of the crime which was not difficult to assimilate and which addressed a subject matter within the experience of the jury. Id. at 1163-64. In the present case Karibian testified in her own way, as a lay witness, as to why she did or did not make certain statements or complaints to persons at Columbia. She made the admissions, denials and explanations which have already been described. It was, and still is, the view of the Court that the proposed testimony of Xenarios, trying to explain what Karibian said or didn't say on the basis of opinion about her emotional state, was not necessary nor would it have been helpful for the jury, and indeed would have been unduly prejudicial. The motion for a new trial on the basis of the exclusion of the Xenarios testimony is denied. The Documents Prior to trial, Columbia objected to the production of certain documents from its files on the ground of attorney-client privilege. The Court examined these documents in camera. The Court overruled Columbia's objection as to certain portions of these documents, and sustained the objection as to other portions. The material not produced consisted solely of discussion of certain tentative legal conclusions. Karibian contends that, since these documents were generated in the course of Columbia's investigation, the attorney-client privilege is not applicable. The Court disagrees. The Court believes that Columbia personnel had a right to have privileged discussions with counsel on 2/22/25, 5:55 Karibian v. Columbia University, 930 F. Supp. 134 (S.D.N.Y. 1996) :: Justia 16/28 questions about the possible legal merits of Karibian's claim. Any tentative legal conclusions expressed in these documents, based on incomplete information, could not fairly be considered evidence in the form of admissions or otherwise. Those documents which contained evidence or contained information which might lead to evidence were ordered to be produced. Jury Instructions Karibian contends that the Court erroneously instructed the jury by defining an \"unwelcome\" relationship as one which would be \"distinct from welcome, consensual and mutual.\" This language, which was part of the larger instruction, was discussed with counsel prior to the jury charge. Karibian's attorney agreed with the formulation of the Court at the time, and never lodged an exception to it (Tr. 1993-94). Karibian contends that the jury was misled into thinking that sexual harassment must occur over some sustained period of time. However, the Court made no such statement. The Court did describe what Karibian claimed that is, sexual harassment occurring from late 1987 into 1990. One essential purpose of doing this was to make clear that the alleged sexual harassment had two phases: the first being an alleged coerced relationship, and the second being alleged actions taken against Karibian after the termination of the relationship (Tr. 2064-66). At no time prior to the jury verdict was this formulation objected to. Karibian contends that the jury charge incorrectly indicated that the jury was required to find unwelcome sexual activity, excluding the possibility of liability based solely on acts detrimental to Karibian's employment 145 perpetrated in response to the cessation of the relationship. As indicated above, the claim Karibian made in this case was (1) that there was an unwelcome sexual relationship, and (2) that, following the termination of the relationship, Urban took actions detrimental to Karibian in her employment. Karibian never suggested in the slightest degree that the Court should instruct the jury that it was sufficient to find (2) only. Such a suggestion is made for the first time in the post-trial motions. The Court rules that there is nothing in the arguments about the jury instructions which would justify a new trial. 2/22/25, 5:55 Karibian v. Columbia University, 930 F. Supp. 134 (S.D.N.Y. 1996) :: Justia 17/28 Karibian Motion (4) There is no basis for granting judgment as a matter of law, setting aside the jury's answer to Question 7. The weight of the evidence is strongly in favor of the jury's finding that Columbia did not engage in retaliation against Karibian because of her making a complaint of sexual harassment. Columbia's Motion Columbia moves for judgment as a matter of law, setting aside the jury's answers to Questions 2 and 5, and setting aside the award of damages against Columbia. In the alternative, Columbia asks for a new trial on these issues. The real issue relates to Question 5. The Court asked the jury whether Columbia had unlawfully failed to take reasonable steps to determine the facts about Karibian's complaint and had failed to take appropriate remedial action. The jury answered in the affirmative. It should be noted that there was some difficulty in arriving at the wording of Question 5, and that the Court submitted this question without being certain that it posed a valid issue under the law. However, the Court wished to have the jury make findings on all arguably necessary issues in order to avoid the need for a retrial after appeal. Now that the jury has made its finding in response to Question 5, it is necessary for the Court to make a final ruling on the question of law. It is also necessary to determine whether, if Question 5 is valid under the law, the jury's verdict had a reasonable basis. The Legal Issue The issue of law is whether Columbia can be held liable solely for failing to take reasonable investigative and remedial steps in response to Karibian's complaint of sexual harassment by Urban, where the jury has found no actual sexual harassment committed by him. Karibian contends that there is such liability. Columbia argues that there is not. It will be assumed that the law on this point would be the same under both Title and the New York Human Rights Law. See Zveiter v. Brazilian National Superintendency of Merchant Marine, 833 F. Supp. 1089, 1095 (S.D.N.Y.1993). In dealing with this issue, it is necessary to start with the statutory language. Title provides: 2/22/25, 5:55 Karibian v. Columbia University, 930 F. Supp. 134 (S.D.N.Y. 1996) :: Justia 18/28 It shall be an unlawful employment practice for an employer (1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin; ... 42 U.S.C. \u00a7 2000e-2(a) (1). The pertinent language in the New York Human Rights Law is: 1. It shall be unlawful discriminatory practice: (a) For an employer or licensing agency, because of the age, race, creed, color, national origin, sex, or disability, or marital status of any individual, to refuse to hire or employ or to bar or to discharge from employment such individual or to discriminate against such individual in compensation or in terms, conditions or privileges of employment. New York Executive Law \u00a7 296. The conduct which violates these provisions is discrimination. It is established law that sexual harassment is a form of gender discrimination. Meritor Savings Bank v. Vinson, 477 U.S. 57, 64, 106 S. Ct. 2399, 2404, 91 L. Ed. 2d 49 (1986). 146 Karibian fails to make any analysis of the statutory language. Obviously, neither of these provisions has any language expressly creating liability for failure to investigate and remedy a complaint of discrimination. No argument is made that such a failure (even though one might deem it reprehensible) constitutes discrimination within the meaning of the statutes. Indeed, so to find would be a most tortured reading, and would in reality be an amendment of the statute rather than a valid interpretation. Both Title and the Human Rights Law go beyond the basic provisions quoted above, but do so in a carefully defined manner. None of the additional provisions contains any language which can be interpreted as creating liability for failure to investigate and remedy 2/22/25, 5:55 Karibian v. Columbia University, 930 F. Supp. 134 (S.D.N.Y. 1996) :: Justia 19/28 a complaint of discrimination. Karibian points to no such language, and there is none. What is provided is liability for retaliation. The relevant provision in Title is: \u00a7 2000e-3. Other unlawful employment practices. (a) Discrimination for making charges, testifying, assisting, or participating in enforcement proceedings It shall be unlawful employment practice for an employer to discriminate against any of his employees or applicants for employment, for an employment agency, or joint labor-management committee controlling apprenticeship or other training or retraining, including on-the-job training programs, to discriminate against any member thereof or applicant for membership, because he has opposed any practice made an unlawful employment practice by this subchapter, or because he has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this subchapter. The Human Rights Law has two overlapping provisions. The first is Executive Law \u00a7 296.1(e), which provides: 1. It shall be an unlawful discriminatory practice: . . . . . (e) For any employer, labor organization or employment agency to discharge, expel or otherwise discriminate against any person because he has opposed any practices forbidden under this article or because he has filed a complaint, testified or assisted in any proceeding under this article. 2/22/25, 5:55 Karibian v. Columbia University, 930 F. Supp. 134 (S.D.N.Y. 1996) :: Justia 20/28 The second is \u00a7 296.7, which provides: 7. It shall be an unlawful discriminatory practice for any person engaged in any activity to which this section applies to retaliate or discriminate against any person because he has opposed any practices forbidden under this article or because he has filed a complaint, testified or assisted in any proceeding under this article. \"Retaliation\" is the shorthand for the kind of conduct prohibited in these provisions. No one contends that the failure to investigate and remedy a complaint is, in and of itself, the same as retaliation, or the same as any of the conduct expressly defined in these statutory provisions. Karibian relies on language in certain decisions to the effect that, where an employee complains of sexual harassment, the employer has an obligation to investigate the allegations and to take remedial steps. See Waltman v. International Paper, 875 F.2d 468, 479 (5th Cir.1989); Snell v. Suffolk County, 782 F.2d 1094, 1099 n. 4, 1104 (2d Cir.1986); Watts v. New York City Police Department, 724 F. Supp. 99, 107 (S.D.N.Y.1989); Bennett v. New York City Department of Corrections, 705 F. Supp. 979, 987-88 (S.D.N.Y.1989). But the issue in that line of cases was what action or failure to act on the part of the employer would subject the employer to liability for sexual harassment committed by an employee. In these cases the employer was not deemed to be automatically liable. The reasoning of the courts was that, where one employee sexually harassed another employee resulting in a complaint to the employer, the employer's failure to take reasonable steps to investigate and remedy would be sufficient to cause the employer to be liable for the sexual harassment. The important thing for present purposes is that the rule of law announced in these cases assumed sexual harassment committed by an employee. These cases did not postulate some separate heading of liability for an employer where no sexual harassment of an employee had been committed. 147 The point is that where an employee has committed sexual harassment or some other form of unlawful discrimination, this means that what is prohibited by the statute i.e., discrimination has been committed. But the issue is about liability for discrimination, not about liability for some alleged misconduct not covered by the statute. If what occurs is an employer's failure to investigate and take remedial measures in response to a complaint of discrimination, and if it turns out that no actual discrimination 2/22/25, 5:55 Karibian v. Columbia University, 930 F. Supp. 134 (S.D.N.Y. 1996) :: Justia 21/28 has occurred, then there is nothing which actually constitutes any conduct banned by the statute. Again, one might believe for a variety of reasons that an employer has a moral or ethical duty to investigate and take remedial steps, but this is not the equivalent of a law passed by the Congress or the New York Legislature. It is necessary to deal with certain other cases cited by Karibian. These are even less helpful to her position than the ones just cited. They do not even have the language about a duty to investigate and remedy. They simply say that an employer, who might otherwise be liable for discrimination committed by an employee, can escape that liability by making a reasonable effort to inquire and remedy. Lipsett v. University of Puerto Rico, 864 F.2d 881, 901 (1st Cir.1988); Katz v. Dole, 709 F.2d 251, 256 (4th Cir. 1983); Dortz v. City of New York, 904 F. Supp. 127, 153 (S.D.N.Y.1995); Trotta v. Mobil Oil Corp., 788 F. Supp. 1336, 1351 (S.D.N.Y.1992); Carrero v. New York City Housing Authority, 668 F. Supp. 196, 203 (S.D.N.Y.1987). Karibian also cites Bundy v. Jackson, 641 F.2d 934, 947 (D.C.Cir.1981). This decision did not interpret Title as imposing liability for failing to investigate and remedy a complaint. There injunctive relief was being sought to remedy a truly grievous sexual harassment problem. The court ruled that there should be an order directing the employer to take steps to investigate and correct that problem. Finally, Karibian refers to Herlihy v. Metropolitan Museum of Art, 214 A.D.2d 250, 633 N.Y.S.2d 106, 109-110 (1995). There is dictum about a duty under Title and the Human Rights Law to investigate and act upon complaints. However, this dictum is presented in passing in the course of a discussion on a number of other points. It had nothing to do with the holding in the case, and involved no real analysis of whether a failure to take investigative and remedial measures would create liability under Title or the Human Rights Law. The Court should also note that it does not agree with the conclusions drawn by Columbia from Arno v. Club Med, Inc., 22 F.3d 1464 (9th Cir.1994). However, a detailed discussion of this case is unnecessary since the Court agrees with Columbia's position on other grounds. Of course, if Congress or the New York Legislature wished to provide for liability for failure to take investigative and remedial measures following a complaint of discrimination, this could be done. Surely such a rule should not be created by the courts in the absence of expressed legislative intention. While superficially it may seem obvious that an employer should have a duty to investigate and remedy, in reality an employer can be faced with a most difficult decision as to what steps should be taken in any given case complaint of discrimination involving sexual harassment may be a total fabrication or it may be valid. 2/22/25, 5:55 Karibian v. Columbia University, 930 F. Supp. 134 (S.D.N.Y. 1996) :: Justia 22/28 The present case illustrates the problem vividly. The complaint Karibian made to Columbia was persuasive on its face, but a full presentation of the facts has shed an entirely different light on the complaint, as the jury has found. An employer cannot hold a full trial, and may face serious obstacles in arriving at the facts. There may be further difficulty in fashioning an appropriate remedy which will be fair both to the accuser and the accused. But it should be realized that, even without a separate heading of liability relating to investigative and remedial measures, an employer will have a strong incentive to do so, despite the difficulties just described. The reason for this is the potential liability of the employer for acts of wrongdoing committed by an employee. Under certain circumstances, such as that presented in the Karibian case, the employer is automatically liable. In such a situation, where a complaint is made, the employer might not avoid liability 148 for acts of harassment already committed, but the employer would be foolhardy indeed to sit by without attempting to remedy the problem in order to avoid mounting damages. In other circumstances, where the employer may not be automatically liable, such liability may be imposed if actual sexual harassment is later found by the trier of fact and the employer has failed to take reasonable investigative and remedial measures. In such a situation the employer has the strongest possible incentive to put an end to misconduct by the employee. The Court rules that neither Title nor the Human Rights Law provides for liability for failure on the part of an employer to take investigative and remedial measures in response to a sexual harassment complaint, where it is determined that no sexual harassment occurred. Factual Record Justifying Judgment as a Matter of Law Fed.R.Civ.P. 50(a) (1) provides that judgment as a matter of law may be granted against a party on an issue where \"there is no legally sufficient evidentiary basis for a reasonable jury to find for that party on that issue.\" In the view of the Court, even if the law were such as to impose liability on an employer for failing to take reasonable investigative and remedial measures, the record in this case does not provide a sufficient evidentiary basis for the jury finding against Columbia on this issue. Before setting forth the evidence, it is necessary to define precisely the factual issue. The relevant question posed to the jury was Question 5, which has already been set forth. It will also be recalled that Questions 3-7 were specifically described in the jury questionnaire as relating to events subsequent to Karibian's complaint to de la Osa in January or February 2/22/25, 5:55 Karibian v. Columbia University, 930 F. Supp. 134 (S.D.N.Y. 1996) :: Justia 23/28 1990. The proposed questionnaire for the jury was submitted by the Court to the attorneys prior to the time the jury was instructed. Some points on the questionnaire were objected to, with one objection even occurring during the jury instructions. Revisions to the questionnaire were made in response to comments. There was no objection to the time limitation relating to Questions 3-7. Moreover, the designation of January or February 1990 as the starting time relating to these questions was made for good reason. In the view of the Court, there was no real complaint by Karibian under circumstances giving rise to an issue of possible retaliation or under circumstances which would allow Columbia to engage in investigative and corrective measures until early 1990. In connection with a different question of law, as already described, Question 2 was submitted to the jury about \"notice\" to Columbia. However, there was no argument raised against the position of the Court that Questions 3-7 should relate to the time beginning in early 1990. With regard to Question 5, the time boundary was established and must be adhered to. Columbia has a right to this. In response to Columbia's motion for judgment as a matter of law, the issue is whether there was a legally sufficient evidentiary basis for a reasonable jury to find that, following Karibian's complaint in January or February 1990, Columbia failed to take reasonable investigative and remedial measures. In dealing with this issue the Court will rely on undisputed facts, unless otherwise noted. Karibian made her complaint of sexual harassment to Gertrude de la Osa at Columbia, who took notes of a two-hour interview with Karibian on February 20, 1990. For some reason it is not absolutely clear that this was the first occasion in which Karibian spoke to de la Osa. There is some possibility that it may have been slightly earlier. In any event, de la Osa promptly informed various responsible persons at Columbia, including vice president Borden. Immediate steps were taken both to investigate the complaint and to provide a remedy to Karibian. Obviously, any remedial steps needed to take into account the fact that Columbia was far from certain about the facts. The first remedial measure was to direct that, in any meeting between Karibian and Urban, another Columbia employee, Veronica Chappelle, would be present. The purpose of this was to safeguard against Urban acting to Karibian's disadvantage in the employment 149 relationship. However, the Columbia officials quickly reconsidered this and decided to take a more drastic step. They moved Urban completely out of the chain of command over Karibian. Urban was replaced by Chappelle as Karibian's supervisor, and Chappelle reported to Borden. This new arrangement took effect February 23. The evidence is clear beyond any possible question that thereafter Karibian had the opportunity to perform her work entirely free of any actions or decisions or influence on the part of Urban. Also, it will 2/22/25, 5:55 Karibian v. Columbia University, 930 F. Supp. 134 (S.D.N.Y. 1996) :: Justia 24/28 be recalled that no sexual activity had occurred for almost a year. By the time of Karibian's complaint in early 1990, what was being alleged by Karibian was detrimental employment actions by Urban resulting from the termination of the relationship. Ironically, Karibian was not happy with the new arrangement involving Chappelle. The evidence is uncontradicted that Karibian was at times insubordinate and hostile to Chappelle. Moreover, Karibian refused opportunities for career development. Karibian made known her unhappiness to Borden and others, who also were aware that Karibian was considering commencing litigation about the sexual harassment claim. In mid-April Columbia made an offer to Karibian to relieve her from her work and to give her full salary and benefits through the end of the summer, when she would complete certain courses she was taking at Columbia. Included in these benefits would be the continuation of free tuition. Karibian declined this offer and stated that she wished to continue to work. Columbia had no problem with this, if it was her wish, since her work was satisfactory, even allowing for some degree of discord with Chappelle. At the same time these events were taking place, Columbia was still investigating the sexual harassment allegations. At Borden's request, Urban produced a lengthy written statement. Borden received this statement on April 16. The statement by no means admitted any coerced or harassing sexual activity or any pressure relating to the conditions of Karibian's employment. The statement did, however, admit that Urban had pursued Karibian romantically, that a sexual relationship had ultimately developed, and that it extended, with some breaks, until the spring of 1989. The statement described other matters relating to Karibian, including the fact that Urban had helped Karibian obtain compensation for certain hours in September 1987 which Karibian had not actually worked. On April 19, after reviewing the statement, Borden and the other people at Columbia involved with this matter decided to ask Urban to resign. Borden felt that he had been misled by Urban on an earlier occasion about what was going on between him and Karibian, and Borden and the others took the view at this time that it was improper management on the part of Urban to develop a sexual relationship with his subordinate. Another factor influencing the Columbia people was Urban's involvement in having Karibian paid for unworked hours. On May 2 Borden asked Urban for his resignation, and confirmed this in a letter of that date. The resignation took effect May 4. It is important to note that Columbia did not at this time, nor did it ever, make a finding that Urban was guilty of sexual harassment. 2/22/25, 5:55 Karibian v. Columbia University, 930 F. Supp. 134 (S.D.N.Y. 1996) :: Justia 25/28 Karibian expressed pleasure at Urban's being forced out. She continued in her work under the supervision of Chappelle. Indeed, she received a raise in the summer of 1990. Prior to the time of Karibian's complaint, Columbia was conducting a review of the effectiveness of the project on which Karibian was employed. Karibian worked in telephone fund raising. Although she, Urban, Chappelle, and the others mentioned above were employees of Columbia, they were actually working on a project called Telefund being carried out by an independent contractor named PMI. There had been various objections to the effectiveness of and Telefund. It was ultimately decided by Columbia to discontinue the Telefund operation, at least for a school term. All the Telefund employees were laid off. On June 31, 1990 Chappelle wrote Karibian informing her that her employment would be terminated as of August 17, 1990. The letter stated in part: Please be sure to call the Employment Office on extension 4-3803 for an appointment 150 to review and update your resume, so that you may be considered for other employment opportunities within Columbia University. Karibian took no action in response to this invitation. At this point it is of interest to refer to the testimony of Chris Miller, one of Karibian's friends. Although the veracity of this testimony is by no means conceded by Karibian, it is surely consistent with the undisputed facts. Miller testified as follows: Q. Did she ever talk to you about working in the 1990 period, from September 1990 forward? A. You mean after the position at Columbia was no longer there? Q. Yes. A. She planned to draw her full unemployment. 2/22/25, 5:55 Karibian v. Columbia University, 930 F. Supp. 134 (S.D.N.Y. 1996) :: Justia 26/28 Q. Did she say anything to you as to why she wasn't working in that period? A. She told me that she didn't want to work. She wanted to spend the time working on her case and, as well, she thought it would look best if she didn't work. On the issue dealt with in Question 5, it is difficult to understand how Columbia could have done more than it did to investigate Karibian's complaint and to provide remedial measures. When one adds to the facts set forth above the additional circumstance that a jury, after a lengthy trial, has found against Karibian on her claim of sexual harassment, one realizes the difficulty of an employer such as Columbia being in the position of acting without possessing the full facts. The Court grants Columbia's motion for judgment as a matter of law because there was no reasonable basis in the evidence to support the jury's verdict on Question 5. This ruling covers both the matter of liability and the award of damages. Columbia is also entitled to have the answer to Question 2 set aside. In view of the answers to Questions 1 and 2A, the answer to Question 2 is irrelevant to the issue of whether Columbia is liable for Urban's sexual harassment, no such harassment being found. As to the question of Columbia's possible liability for failure to take reasonable investigative and remedial measures, this issue was posed, in the form agreed to by Karibian, in Question 5. It was not posed in Question 2. Thus Question 2 is of no effect, and indeed should not have been answered by the jury. New Trial In the event of an appellate reversal of this Court's ruling annulling the jury's verdict on Question 5 (and Question 2), the Court would, in the alternative, direct that there be a new trial. The Court believes that, at the very least, the jury's verdict is contrary to the great weight of the evidence and is a manifest injustice 2/22/25, 5:55 Karibian v. Columbia University, 930 F. Supp. 134 (S.D.N.Y. 1996) :: Justia 27/28 All applications of Karibian directed against the jury's verdict in favor of Urban are denied. Since the jury found that Urban committed neither sexual harassment nor retaliation, Urban is entitled to judgment dismissing the case as against him. Since the jury has found no sexual harassment or retaliation by Urban, there is no basis for holding Columbia liable under the New York Human Rights Law for any act of Urban. The Court is in agreement with the findings of the jury on these issues and makes the same rulings under Title VII. Karibian's motions directed against these findings and rulings are denied. The jury and the Court were presented with the issue of whether Columbia, through persons other than Urban, retaliated against Karibian for making a complaint. The jury found in the negative, thus disposing of this phase of the Human Rights Law claims. The Court is in agreement, thus disposing of the related Title claim. Karibian's motions directed against these findings and rulings are denied. With respect to the jury's finding that Columbia should be liable for not taking reasonable investigative and remedial measures, Columbia's motion for judgment as a matter of law, setting aside this finding, is granted. *151 Columbia's alternative motion for a new trial on this issue is granted ORDERED. Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 2/22/25, 5:55 Karibian v. Columbia University, 930 F. Supp. 134 (S.D.N.Y. 1996) :: Justia 28/28"}
8,449	James Ron	University of Minnesota	[ "8449_101.pdf", "8449_102.pdf", "8449_103.pdf", "8449_104.pdf", "8449_105.pdf" ]	{"8449_101.pdf": "University of Minnesota Credit: CC/Flickr/August Schwerdfeger The Glean Humphrey School prof resigns after sexual harass- ment investigation by MinnPost staff 10/18/2019 Humphrey School resignation. The Minnesota Daily\u2019s Tiffany Bui and Dylan Anderson write: \u201cJames Ron, a tenured professor at the Humphrey School of Public Affairs, resigned Monday, according to his faculty mentor Ragui Assaad. \u2026 Ron, a preeminent human rights scholar, was placed on a five-month unpaid leave earlier this year by Humphrey Dean Laura Bloomberg after a University investigation found that he \u2018more likely than not\u2019 violated University sexual harassment policy. He returned to teach at the beginning of fall semester.\u201d New Capitol art. MPR\u2019s Tim Pugmire reports: \u201cFormer Gov. Mark Dayton returned to the Minnesota State Capitol Thursday for the unveiling of his official portrait in which the Capitol itself glows behind him. \u2026 The painting by Minnesota artist Paul Oxborough depicts the state\u2019s 40th governor in dark suit, standing 2/22/25, 5:56 Humphrey School prof resigns after sexual harassment investigation - MinnPost 1/3 outside the Capitol on a sunny, winter day. It will remain on permanent display along with the 39 governors who preceded Dayton.\u201d For those of you timing the housing market. The Star Tribune\u2019s Jim Buchta says: \u201cMany home sellers in the Twin Cities are feeling a fall chill. \u2026 After a robust summer, home sales across the 13-county metro are slipping, and so are price gains. That is not necessarily the case for some entry-level sellers with move-in- ready houses, which are still fetching their asking price \u2014 or more.\u201d Ethanol complaints. The Forum News Service reports (via the PiPress): \u201cWeeks after the White House attempted to make amends with the ethanol industry, a new rule on small oil refinery waivers proposed by the U.S. Environmental Protection Agency is drawing criticism from Minnesota Democrats. \u2026 Minnesota\u2019s Democratic U.S. Rep. Collin Peterson, who chairs the U.S. House\u2019s powerful Agriculture Committee, said in a Wednesday statement that the EPA\u2019s announcement \u2018falls short of the promises made by the President, and doesn\u2019t undo the damage done to farmers and biofuel producers.\u2019\u201d Road closures this weekend. KSTP\u2019s Josie Smith writes: \u201cDrivers have been getting a break the last couple of weeks from some of the usual weekend projects, but crews will be out in full force this weekend working in the northwest metro, downtown Minneapolis and the south metro. \u2026 Highway 610 westbound is closing from County Road 81 to I-94 in Maple Grove starting at 10 p.m. Friday for concrete repairs. Drivers can follow the detour to Highway 169 and take either County Road 81 or I-94 from there. The roadway is scheduled to reopen by 5 a.m. Monday. Learn more about the project number of ramps will close near downtown Minneapolis. I-35W southbound the ramp to I-94 westbound is closing beginning at 10 Friday until 5 a.m. Monday. Drivers will be detoured to Highway 280 and I-94.\u201d In other news\u2026 Developing story: \u201cShooting confirmed near Duluth-area school, lockdown in place\u201d [West Central Tribune] Duluth, city of the future: \u201cFuture cool: Minnesota city ponders new boom as a climate migrant destination\u201d [REUTERS] Fair question: \u201cAre roundabouts really safer than traditional intersections?\u201d [Star Tribune] Not cool: \u201cTwin Cities metal band Mithya searching for culprit after trailer full of merch stolen in St. Paul\u201d [KMSP] 2/22/25, 5:56 Humphrey School prof resigns after sexual harassment investigation - MinnPost 2/3 \u00a9 2025 MinnPost Powered by Newspack Truth could really hurt Songwriting Dispute Brews Over \u2018Truth Hurts,\u2019 Lizzo\u2019s Biggest Hit\u201d [New York Times] What\u2019s not to love: \u201cIowa\u2019s love affair with gas station pizza, explained\u201d [The Takeout] Re-doing the front of the State Capitol makes it inconvenient for people wanting to visit. You used to be able to pull up to pick up and drop off visitors and now you can\u2019t. That was a bad design and my earlier complaints about it fell on deaf ears. The design is as bad as the new Senate Office Building. Many of the people who work there think it\u2019s poorly done. Go there sometime and see the lousy design for yourself. You don\u2019t have to be an architect to know a bad design. Whadda ya want for a hundred million or so? Leslie Davis, President Earth Protector, Inc. 10/20/2019 at 05:58 pm Leslie Davis 2/22/25, 5:56 Humphrey School prof resigns after sexual harassment investigation - MinnPost 3/3", "8449_102.pdf": "(/) Upcoming Event (/SUBSCRIBE) Home(/) > All News(Https://Minnlawyer.Com/Category/Legal-News/) > Regents settle Humphrey School prof\u2019s harassment case Under a settlement with the state Department of Human Rights, the Humphrey School of Public Affairs will be required to take action to prevent sexual harassment. (Photo: Tony Webster/Flickr) Regents settle Humphrey School prof\u2019s harassment case Laura Brown ( // December 27, 2021 // 4 Minute Read ents-settle-humphrey-school- 021/12/Harassment-Humphrey- 0prof\u2019s%20harassment%20case) (mailto:?subject=Regents settle Humphrey School prof\u2019s harassment case&body=On Dec. 17, 2021, the Minnesota Department of Human Rights announced a settlement with the University of Minnesota Board of Regents. The settlement stems from a 2018 investigation into Humphrey... You can read the content in details following link https%3A%2F%2Fminnlawyer.com%2F2021%2F12%2F27%2Fregents- settle-humphrey-school-profs-harassment-case%2F) Listen to this article On Dec. 17, 2021, the Minnesota Department of Human Rights announced a settlement with the University of Minnesota Board of Regents. The settlement stems from a 2018 investigation into Humphrey School of Public Affairs professor James Ron. As a result of that investigation found that Ron used his position of power to sexually harass a graduate student. It determined that Ron\u2019s conduct violated the Minnesota Human Rights Act. \u201cWhat should have been a safe and sacred relationship between a professor and a student instead became an unsafe and abusive space. Sexual harassment must stop. Students deserve better,\u201d said Rebecca Lucero, the Minnesota Department of Human Rights commissioner. Minnesota Lawyer Daily Newsletter Sign up for your daily digest of Minnesota Lawyer. By signing up you agree to our Privacy Policy ( policy/) Legal calendar Click here ( Sign In (/User-Login/?Dmcss=Login) Select Region or Brand Manage Account News (/category/legal- news/) Events (/minnesota- lawyer- events/) Opinions (/category/opinions/) Verdicts & Settlements (/submit-a- verdict- settlement- report/) Public Notices ( notice/) Press Releases ( and-practices/) Search... Enter your email address * Select Your Industry Top News ( news/) Florida files suit against Target, claiming\u2026 Judge denies motion to dismiss Minnesot\u2026 Lawsuit links Depo-Provera contraceptive \u2026 Lawsuit over UnitedHealthcare claim\u2026 More job postings must include pay\u2026 Let\u2019s Stand Tall for the Process Folks\u2026 Stillwater building contractor pleads guilty\u2026 See All Top News 2/22/25, 5:56 Regents settle Humphrey School prof s harassment case 1/6 Ron was a tenured human rights professor at University of Minnesota\u2019s Hubert H. Humphrey School of Public Affairs. He began sexually harassing a graduate student that he had extreme influence over, according to the department. The graduate student was in his classes, but she also reported directly to him because she served as his research assistant. In a press release, the Minnesota wrote of Ron: \u201cHe had influence over her grades, employment, and reputation within the school. The professor was also a gatekeeper to her career after graduate school.\u201d According to the Minnesota DHR, Ron made numerous sexual comments in front of the graduate student, talking to the student about sexual relations he had with other women, including a women he had met online. Ron talked to the student about how difficult it was for him to have sex with a woman who was not his wife. He also described to the student how his ideal sexual partners would be younger women. Ron commented on the student\u2019s attractiveness in front of her classmates. Finally, Ron asked the graduate student if he could be her boyfriend and extended an offer for her to move into his home and rent from him while he was going through a divorce. The university conducted an investigation into the student\u2019s allegations, which substantiated the harassment allegation. In late 2018, Humphrey School Dean Laura Bloomberg gave Ron a letter of discipline, which outlined that Ron created a hostile work environment by engaging in unwelcome sexual conduct. Ron accepted an unpaid five-month suspension. Additionally, he was prohibited from advising students or supervising Humphrey School student research assistants or teaching assistants for two years. However, Ron was back on campus for fall semester of 2019. Some students alleged that they were not told that Ron would be back until after classes had begun. The Gender, Sex & Policy Events Committee, student organization at Humphrey, said in a statement at the time that they were \u201cdisturbed\u201d by Ron\u2019s return. Pressure began to mount in fall 2019, when administrators emailed students about the sexual harassment discipline. Media extensively covered the allegations against Ron and another professor, Jason Cao, who made jokes of a sexual nature including that a student be \u201csubmissive\u201d to him. Cao also invited a student to work at his home and required a student to sit next to him lawyers-calendar-of-events/) to see upcoming Minnesota events ( Breaking the Ice ( the-ice/) Breaking the Ice: Greater Minnesota firm\u2019s leader eyes recruiting Katrina Wass is initially focusing on recruiting with promotion to managing partner at the great[...] ( the-ice-greater-minnesota-firms-leader-eye recruiting/) Expert Testimony ( testimony in law firms: Ethics panels clearing path\u2026 Perspectives: Timberwolves arbitral ruling\u2026 Lawyers have to keep pace with AI\u2026 Perspectives: Valentine\u2019s Day: Love lost an\u2026 See All Expert Testimony 2/22/25, 5:56 Regents settle Humphrey School prof s harassment case 2/6 while he did his work. Cao received an eight-month suspension and was prohibited from individually advising students for two years, and he could only advise master students in public areas or with an office door open. However, Cao is still employed with the school. Since Sept. 1, 2019, three complaints involving Ron were filed with the university. The university investigated Ron again, finding him to not be responsible this time. In spring of 2020, Ron was employed and performing faculty duties but not teaching any classes. Ron resigned effective July 1, 2020. He received nearly $200,000 from the University of Minnesota. Ron received $86,198.40 in severance pay, as well as $28,107.36 for health insurance premiums. Additionally, Ron\u2019s attorneys received $80,685 from the University. Students were informed via email of Ron\u2019s resignation in mid-July 2020. There was no explanation offered for Ron\u2019s departure. Dean Bloomberg wrote: \u201cJim is an accomplished scholar. During his nine years of service to the School he has contributed substantially to the growth and development of our global policy teaching and research agenda wish Jim well in his future endeavors.\u201d As part of the settlement, the graduate student will be paid $75,000. She will be able to complete her degree tuition-free. The student left the school after reporting the sexual harassment charge without being able to finish her degree. Additionally, the Humphrey School of Public Affairs will be required to take action to prevent sexual harassment. This includes sending quarterly communications to students and faculty reminding them that they are responsible for reporting sexual harassment, and communications to faculty reminding them that they must refrain from committing sexual harassment. The school will also be required to distribute the sexual harassment policy, resources, and reporting information to all students at the beginning of each academic year. Finally, the school must provide, to both faculty and students, harassment and bystander training which demonstrates how to recognize inappropriate behavior such as sexual harassment and sexual grooming and how to report it. The will be monitoring the school for four years to ensure compliance. Lucero avows, \u201cSchools should be places where students go to learn more about the world and what kind of person they\u2019re going to be. They cannot be places where professors sexually harass students.\u201d In a press release, the Minnesota wrote, \u201cThis is the third sexual harassment case announced this week, further demonstrating that sexual harassment is pervasive and persistent.\u201d Related Content Special Features ( features/) 2024 Attorneys of the Year 7/2/2025 ( attorneys-of-the-year/) The Power List: Mergers & Acquisitions 2025 27/1/2025 ( power-list-mergers-acquisitions-2025/) Minnesota Lawyer\u2019s Minnesota Icons of 2024 13/12/2024 ( lawyers-minnesota-icons-of-2024/) Top Women in Law 2024 25/10/2024 ( women-in-law-2024/) Florida\u2019s new attorney general filed a federal court lawsuit against Target=, claiming the discount store ch[...] February 21, 2025 ( against-target-claiming-dei-misled-investors/) Florida files suit against Target, claiming \u2018misled investors Ramsey County judge recently ruled that Minnesota\u2019s lawsuit alleging major oil and gas companies misled Mi[...] February 20, 2025 ( to-dismiss-minnesota-climate-lawsuit/) Judge denies motion to dismiss Minnesota climate lawsuit 2/22/25, 5:56 Regents settle Humphrey School prof s harassment case 3/6 (/) Opinions (/category/opinions/) Verdicts & Settlements (/submit-a- verdict- settlement- report/) Public Notices ( notice/) Press Releases ( and-practices/) Advertise ( Minnesota Lawyer provides 24/7 legal news coverage and events honoring top legal professionals woman who developed a brain tumor after using a common form of birth control, Depo-Provera, has sued its man[...] February 19, 2025 ( provera-contraceptive-to-brain-tumor/) Lawsuit links Depo-Provera contraceptive to brain tumor Plaintiffs allege care was cut off by \u2018malicious implementation\u2019 of an artificial intelligence algorithm. 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Enter your email address * Select Your Industry 2/22/25, 5:56 Regents settle Humphrey School prof s harassment case 5/6 ( ( ubscribe (/subscribe) for access to the latest digital and special editions. \u00a9 2025 BridgeTower Media. All rights reserved. Use of this website is subject to its Terms of Use ( \| Privacy Policy ( \| Your California Privacy Rights/Privacy Policy ( \| Do Not Sell My Info/Cookie Policy ( 2/22/25, 5:56 Regents settle Humphrey School prof s harassment case 6/6", "8449_103.pdf": "The Minnesota Daily \u2022 September 17, 2020 \u2022 disciplined-for-sexual-misconduct-leaves-umn/ Humphrey professor disciplined for sexual misconduct leaves In 2018, a University investigation found that James Ron violated school policy for sexually harassing a student. Ron\u2019s resignation was effective July 1. by Tiffany Bui Humphrey School of Public Affairs professor disciplined for sexual misconduct will not be returning to teach at the University of Minnesota. James Ron, a human rights professor who was disciplined for sexual harassment, resigned in early July. Ron\u2019s resignation comes after more than a year of student activists pushing the administration to be more proactive and transparent in addressing problematic power dynamics between professors and students. Humphrey School Dean Laura Bloomberg convened a series of public forums last fall with students to discuss two Humphrey professors, Ron and urban and regional planning professor Jason Cao, who were disciplined in Sept. 2019 for sexual harassment allegations. Ron was not teaching classes last spring semester, though he was still employed and \u201cperforming faculty duties.\u201d Bloomberg notified students, staff and faculty of Ron\u2019s resignation via email in mid-July. \u201cJim is an accomplished scholar. During his nine years of service to the School he has contributed substantially to the growth and development of our global policy teaching and research agenda wish Jim well in his future endeavors,\u201d Bloomberg said in the email. The dean declined to comment on Ron\u2019s resignation, and the University did not offer a reason for his departure public records request to the University of Minnesota for Ron\u2019s resignation letter returned no records. Ron declined to comment through a spokesperson. Three complaints involving Ron have been filed with the University since Sept. 1, 2019, according to the University in response to a public records request. All cases have been closed. Citing data privacy law, the University did not disclose the nature of the complaints. Hailee Schievelbein Katie Burke, a recent graduate of the University\u2019s Master of Human Rights program who led Humphrey Students for Accountability, said the news of Ron\u2019s resignation hit her \u201clike a brick wall.\u201d In the wake of the allegations against Ron and Cao, Burke and several other graduate students in Humphrey\u2019s human rights master\u2019s program formed the group to lobby the administration for more transparency and stronger policies against sexual misconduct. While Burke said she was relieved to learn of Ron\u2019s resignation, she took issue with Bloomberg\u2019s schoolwide email announcement of his departure. \u201cTo call him \u2026 \u2018an accomplished scholar\u2019 and [say] he\u2019s contributed substantially to the school think just makes a mockery of what it means to be a good professor and someone that cares about their students,\u201d Burke said. Though Humphrey Students for Accountability will continue to push Humphrey leadership to strengthen policies around sexual misconduct, the student group acknowledges that sexual harassment is not a problem confined to one school or university. Federal policy also sets a baseline for how universities must handle sexual misconduct cases. The University has spent the summer revising its Title regulations, which govern sexual misconduct cases, including sexual harassment, after the U.S. Department of Education made major changes to the policy. Among the policy changes is an addition that standardizes the standard of proof in cases of alleged sexual misconduct. While the previous Title policy required a higher standard of proof when a tenured professor was involved, therefore making it more difficult for alleged victims to prove a violation, that is no longer the case. \u201cSexual misconduct is not a rarity that happens once every 20 years. It happens all the time, \u201cBurke said. \u201cAnd the only way to deal with that in a trauma informed way and to help students do that is to have policies that respond to it.\u201d", "8449_104.pdf": "The Minnesota Daily \u2022 December 18, 2021 \u2022 75000-as-part-of-sexual-harassment-settlement to pay student $75,000 as part of sexual harassment settlement 2018 investigation found a University of Minnesota professor committed acts of sexual harassment against a graduate student. The University of Minnesota will pay a former graduate student $75,000 for damages and attorney fees as part of a settlement agreement after the student was sexually harassed by a professor in the Humphrey School of Public Affairs. As part of the settlement, the student will be able to complete her degree tuition-free. The settlement also requires the Humphrey School to provide students and faculty with harassment and bystander training to recognize and report sexual harassment and grooming. The Minnesota Department of Human Rights (MDHR) announced the settlement Friday and will monitor the University for four years to ensure compliance, according to an press release. \u201cSchools should be places where students go to learn more about the world and what kind of person they\u2019re going to be,\u201d said Commissioner Rebecca Lucero in a statement released Friday. \u201cThey cannot be places where professors sexually harass students.\u201d While the report does not name the professor, the student worked under former human rights professor James Ron as a research assistant as reported by the Star Tribune. Ron held significant influence over her grades, employment and future career goals, according to the statement. Ron made inappropriate comments toward the student about his sexual relations after his divorce, asked her to move into his home as a renter and said he wanted to be her boyfriend once she graduated. The student missed classes and declined going to New York to present her capstone project out of fear that Ron would show up. The student has not returned to classes since 2018. Ron was initially suspended from teaching, and the University paid him nearly $200,000 after he resigned from the Humphrey School in July 2020. Nur B. Adam The Humphrey School of Public Affairs as seen on Thursday, Sept. 19. \u201cWhat should have been a safe and sacred relationship between a professor and a student instead became an unsafe and abusive space,\u201d Lucero said in the statement. \u201cSexual harassment must stop. Students deserve better.\u201d", "8449_105.pdf": "University of Minnesota professor suspended for sex misconduct received $200K after resigning James Ron resigned after serving a suspension for violating policies prohibiting sexual harassment 5, 2021 9:38PM James Ron (The Minnesota Star Tribune By Alex Chhith Minnesota News You Can Use Subscribe 2/22/25, 5:57 University of Minnesota professor suspended for sexual misconduct was paid nearly $200k after resigning 1/5 human rights professor was paid nearly $200,000 when he resigned from the University of Minnesota Humphrey School of Public Affairs last year after a five-month suspension for sexual misconduct. James Ron was disciplined in 2019 after an investigative report conducted by the University's Office of Equal Opportunity and Affirmative Action found he was in violation of the school's policies prohibiting sexual harassment. Specifically, Ron was found to have engaged in unwelcome conduct of a sexual nature and in creating a hostile environment, according to his disciplinary letter, obtained Friday by the Star Tribune. Ron received $86,198.40 in severance, $28,107.36 in insurance premiums and $80,685 to cover attorney fees. In addition to his suspension, he was prohibited from advising students or supervising student research or teaching assistants for two years. Following media coverage, more allegations of misconduct were received, but after subsequent investigations, Ron was found \"not responsible\" in those instances for violating policy, according to settlement documents. Ron returned to work following his suspension in the fall semester of 2019, prompting a student group for Humphrey School of Public Affairs students to issue a statement saying that they were disturbed by his return and that some students hadn't been informed of it until after classes began. Alex Chhith \u2022 612-673-4759 Share Comment Alex Chhith Alex Chhith is a general assignment reporter for the Minnesota Star Tribune. 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7,838	William Elger	University of Texas Medical Branch	[ "7838_101.pdf", "7838_102.pdf", "7838_103.pdf", "7838_104.pdf", "7838_105.pdf", "7838_106.pdf" ]	{"7838_101.pdf": "Top administrators accused of harassment get $500,000 new jobs By Harvey Rice, Galveston Bureau Reporter, Houston Chronicle April 12, 2014 After harassment claims officials got new jobs Subscribe 2/22/25, 6:00 After harassment claims officials got new jobs 1/11 - Dr. Garland Anderson and William Elger were at the peak of their careers in the spring of 2011 - respected administrators holding top positions at one of Galveston County's most important institutions, the University of Texas Medical Branch. Behind the scenes, however, a tawdry tale of crude sexual remarks and provocative suggestions was starting to unfold. In private meetings with human resource officials in March 2011, a woman who worked for Anderson accused him of sexual harassment, saying he had made remarks about vaginal surgery and sticky sheets, among other inappropriate comments investigators later found that Anderson had admitted some of her accusations were true. More Information Dr. Garland Anderson the executive vice president and provost and dean of the School of Medicine Chronology of sex harassment cases at March 11, 2011 human resources begins an investigation into sexual harassment complaint against Dr. Garland Anderson, provost. May 5, 2011: Investigation concludes that Anderson made unwelcome comments \"that could be viewed as sexual in nature\" but desisted and did not retaliate. April 12, 2011: Anderson's accuser files a discrimination and retaliation complaint against with the U.S. Equal Employment Opportunity Commission. June 24, 2011: The employee agrees to $200,000 confidential settlement in return for dropping her complaint. 2/22/25, 6:00 After harassment claims officials got new jobs 2/11 In 2013, a female subordinate made similar allegations against Elger. Both women filed complaints with the Equal Employment Opportunity Commission, and settled both cases with $200,000 payments Article continues below this ad Aug. 4, 2011: President David Callender announces Anderson's resignation effective Aug. 31, and says Anderson will be made special adviser to the president. Feb. 21, 2013: Female employee meets officials about Elger's alleged sexual harassment. April 11, 2013: Elger's accuser receives termination notice. June 27, 2013 notified that Elger's former employee has filed a discrimination complaint. Sept. 3, 2013: Elger submits resignation letter. Sept. 9, 2013: Elger signs a separation agreement making him special advisor to the president until August 2014 or until he finds another job. Oct. 28, 2013: Elger signs new separation agreement ending his employment as adviser to the president Nov. 30, 2013. Jan. 1, 2014: Anderson resigns as special adviser to the president. February 2014: Callender appoints blue-ribbon committee to review UTMB's personnel investigation practices and its open records policies. Sources documents provided through public records request 2/22/25, 6:00 After harassment claims officials got new jobs 3/11 Anderson and Elger resigned, but their association with did not end. President David Callender created new jobs for both as special advisers to the president, positions that Anderson held for more than two years and Elger for a few months. In their new jobs, both received salaries of more than $500,000 annually. The episodes left lingering questions about how UTMB, Galveston County's largest employer and bedrock of the local economy, responds to allegations of high-level misconduct in its ranks. \"When read of someone retained as a special adviser for a generous salary think that they are retiring and being paid to stay home,\" said Galveston City Councilwoman Elizabeth Beeton. Placing those accused in new, high-paying jobs, she said, is \"not much of a deterrence to sexual harassment.\" Details of the complaints and UTMB's response to them are revealed in documents provided recently to the Houston Chronicle in response to public records requests committee appointed by Callender in February is examining the institution's internal investigation and transparency policies as a result of concern about the two cases. The faculty senate also has discussed concerns about the matter Article continues below this ad 2/22/25, 6:00 After harassment claims officials got new jobs 4/11 Callender declined to be interviewed for this story until the committee completes its work and reports its findings, and declined to make another official available to answer questions. Neither Elger nor Anderson replied to requests for comment. Both have left UTMB. Neither has officially been found to have engaged in sexual harassment. Prior to the sexual harassment allegations, Anderson and Elger ranked just below the president in one of the most politically and economically influential institutions in Galveston County. Anderson had been the highly regarded head of the obstetrics and gynecology department for 17 years before ascending to the position of provost, executive vice president and medical school dean. Elger, the chief financial officer and executive vice president, was credited with helping restore UTMB's financial health in the aftermath of Hurricane Ike, which inflicted nearly $1 billion in damage to in September 2008 and plunged the institution into debt. With a workforce approaching 12,000 rivals tourism in importance to the local economy Article continues below this ad 2/22/25, 6:00 After harassment claims officials got new jobs 5/11 initially refused to disclose any information about the sexual harassment claims, but it recently released documents after repeated public information requests by the Houston Chronicle and the Galveston County Daily News. The documents show that the women who accused Elger and Anderson contended that failed to vigorously pursue their allegations complaint Anderson resigned from his job as provost in August 2011 after investigated and an complaint was filed regarding his conduct toward a female member of his executive team, the documents show chronology written by Anderson's accuser and filed with the states that since 2010, \"Dr. Anderson has consistently attempted to force me to engage in an inappropriate romantic relationship with him by threatening and harassing me.\" The woman complained that Anderson made remarks about vaginal surgery and about sheets being sticky; suggested that she consider a three-way sexual encounter; and referred to her home as a \"sugar shack.\" She said Anderson purchased a $3,000 statue for her as a Christmas gift. Questioned by investigators, Anderson said the statue was worth about $1,000 Article continues below this ad The chronology states that the woman met with Callender Feb. 2, 2011, to complain that harassment was becoming intolerable. Callender told the woman, \"We all know that Garland is not the best communicator and doesn't always say things the way they should be said,\" she wrote. 2/22/25, 6:00 After harassment claims officials got new jobs 6/11 At Callender's suggestion, she spoke with general counsel Carolee King, who asked the human resources department to conduct an investigation that began in March 2011. Anderson admitted to investigators that he made some of the comments the woman accused him of making and asked her unwelcome questions about her private life, according to a summary of the investigation. \"Dr. Anderson did make statements that could be viewed as sexual in nature,\" the summary states. The investigation concluded, \"There is currently no hostile work environment, as Dr. Anderson was asked to stop making unwelcomed comments and asking unwelcomed questions of a personal nature, and he has complied.\" The investigation found no evidence of retaliation Article continues below this ad The woman lacked confidence in the investigation, according to emails released under a Chronicle public records request. In an email to Callender and other officials, she wrote still believe your investigation is tainted ...\" King replied, \"We take such matters very seriously, and your concerns will be appropriately addressed.\" The woman filed a complaint with the in April 2011 alleging sexual harassment and retaliation. The does not release information about specific 2/22/25, 6:00 After harassment claims officials got new jobs 7/11 claims. The woman agreed to drop the complaint as part of a $200,000 confidential settlement with on June 24, 2011, according to a redacted settlement agreement provided by UTMB. Of that amount, $150,000 was for attorney's fees. Micky Das, the woman's attorney, said he could not discuss the case because refused to release him from the confidentiality clause even though the agreement had been made public through a public information request. No record of inquiry Anderson resigned two months after the settlement and was appointed special adviser to Callender for clinical and educational programs. \"In this new role, he will provide strategic counsel on the challenges and opportunities that environmental factors such as health-system reform, reimbursement changes and the growth of international health sciences education programs represent for UTMB,\" Callender wrote in a news release at the time. After his appointment as special adviser, Anderson was given an office in the 12- story Shearn-Moody Plaza in downtown Galveston, far from the president's office on the main campus. He left the advisory post on Jan. 1, 2014. The complaint against Elger came from a woman who worked as his administrative coordinator. None of the documents released by indicated it conducted an internal investigation of her complaint chronology of events written by Elger's accuser and provided to the states that she received a termination notice on April 11, 2013, less than two months after 2/22/25, 6:00 After harassment claims officials got new jobs 8/11 April 12, 2014 she met with officials to complain about Elger's conduct. In June she filed a complaint against Elger with the alleging sexual harassment and retaliation. According to the chronology, Elger made life difficult for her after he learned she had complained and ultimately fired her. 'Blown off' The chronology filed with the accuses Elger of asking the woman to unbutton the top of her blouse in return for time off, of hugging and kissing her on the lips on several occasions, and of making sexually suggestive comments. The woman wrote in the chronology that had taken no action by the time she filed her federal complaint have always had to contact the compliance office and have been 'blown off' every time that have questioned the status of my filing and the investigation,\" the chronology states really feel like nothing was ever done about my complaint.\" She eventually reached a $200,000 confidential settlement with UTMB, according to undated documents supplied by the medical school. The woman also was represented by Das, who said he could not discuss the settlement. Elger resigned on Sept. 3, 2013, about a month after was notified of the woman's complaint. He signed a separation agreement that allowed him to draw a salary as adviser to the president until August 2014 or until he found other employment. The month after the agreement became public, he signed a new agreement to resign from the special advisory job Nov. 30, 2013. 2/22/25, 6:00 After harassment claims officials got new jobs 9/11 Harvey Rice Harvey Rice worked at several other news organizations before joining the Houston Chronicle, including the Jackson Clarion-Ledger, the Mexico City News, El Financiero and UPI. While working for UPI, he was stationed in Mexico City; Washington, D.C.; Miami and London. After joining the Houston Chronicle in 1999, he covered Montgomery County and the federal courthouse in Houston before being assigned to the Galveston Bureau in 2007. He also was sent to Qatar to cover U.S. Central Command during the second Gulf War and was a member of the Enron investigative team. Editor's Picks Parents of Chauncy Glover respond to case of death report Texas Medical Center jobs at risk over Trump's cuts Hous poten stadi Let's Play SpellTower Pile-Up Poker Typeshift Really Bad Ch About Top 2/22/25, 6:00 After harassment claims officials got new jobs 10/11 Contact Services Account \u00a9 2025 Hearst Newspapers Terms of Use Privacy Notice Industry Opt Out Your Privacy Choices (Opt Out of Sale/Targeted Ads) 2/22/25, 6:00 After harassment claims officials got new jobs 11/11", "7838_102.pdf": "1 \u2013 April 28, 2014 The Committee was appointed by Dr. David Callender with the purpose of reviewing the institution\u2019s recent handling of executive reassignments, more specifically, that of Dr. Garland Anderson and Mr. William Elger. We were asked to review management\u2019s actions for their appropriateness relative to current law, standards and management practices for organizations such as UTMB. The Committee perceived its charge to be: \uf0b7 Review management actions including release of public information in the reassignments of Dr. Anderson and Mr. Elger; \uf0b7 make recommendations of how to handle these types of issues going forward; and \uf0b7 make recommendations that will assist in managing difficult personnel decisions with transparency. Our findings and recommendations follow A. Garland Anderson 1. Investigation The complainant lodged a complaint in February of 2011 about remarks made to her beginning in May of 2010 that made her feel uncomfortable. The complaint alleged no actions of inappropriate touching or sexual advances, but inappropriate comments and remarks. An investigation was launched immediately. Dr. Anderson, the complainant and numerous other employees were interviewed. The thorough investigation was concluded and a report submitted on May 5, 2011. The investigation determined that no sexual harassment had occurred. Dr. Anderson was counseled not to ask personal questions or to make personal remarks that the complainant had found offensive. Dr. Anderson complied and no further such remarks or questions were reported. 2. Business decisions made after the investigation a. Decision to settle The complainant retained legal counsel and filed a complaint with Equal Employment Opportunity Commission that generally paralleled her original sexual harassment claim business decision was made to enter into a settlement with the complainant; an agreement was negotiated with her and a payment was made. Several members of the committee felt that the payment made to effect the settlement was excessive relative to the magnitude of the initial 2 complaint; however, the committee agreed that the decision to settle was a reasonable exercise of business judgment to avoid the disruption, expense and risk of protracted litigation. b. Decision regarding Dr. Anderson\u2019s removal from leadership Although sexual harassment was not found, Dr. Callender felt Dr. Anderson\u2019s leadership ability had been compromised and that he could no longer be effective in his roles as Executive Vice President, Dean of the School of Medicine and Provost. Senior administrative appointments can be terminated by the President independent of any faculty appointment held by that individual. Dr. Anderson was a tenured faculty member. Based on the results of the investigation, there appeared to be no legal grounds to terminate him from his faculty position. c. Decision regarding Dr. Anderson\u2019s continuation of employment Because there were no grounds to remove Dr. Anderson from his tenured faculty position, Dr. Callender\u2019s decision to retain Dr. Anderson was reasonable. However, Dr. Anderson should not have been given the title \u201cSpecial Advisor to the President.\u201d The title of \u201cSpecial Advisor\u201d denotes favoritism as it was not descriptive of Dr. Anderson\u2019s new role. Dr. Anderson\u2019s new position/title and salary should have included a specific job description that reflected the nature of his responsibilities and expected contributions. B. William Elger 1. Investigation a. Because the Human Resources Department (HR) reported to Mr. Elger it was inappropriate to have conduct the investigation. Therefore, the Office of Institutional Compliance (OIC), rather than HR, conducted this investigation. Unlike investigations conducted by HR, proceedings and results of investigations conducted by the may not be disclosed pursuant to Texas Health and Safety Code Ann. \u00a7 161.032 (c). b. The extent of information available to the committee was therefore more limited. Available evidence indicates complaints of sexual harassment arose during a review of employee dynamics within Mr. Elger\u2019s administrative office. The complainant alleged two unwanted kisses and several suggestive comments which crossed professional boundaries. These allegations were investigated in a timely manner, and a status update was provided to System Office of General Counsel. According to law, no conclusions or findings of the (OIC) investigation can be made public. 2. Business decisions made after the investigation 3 a. Decision to terminate complainant During the time the investigation was ongoing, certain facts became known that led to the complainant being terminated for reasons unrelated to the sexual harassment investigation. After a review of the facts, it appeared to the committee that the complainant was terminated for legitimate reasons and was not subjected to retaliation. b. Decision to settle The complainant retained legal counsel and threatened to institute legal action against UTMB. Following that, a settlement was negotiated with the complainant and a payment made. In light of the circumstances and information discovered, the decision to enter into a settlement agreement with the complainant appeared to be a reasonable exercise of business judgment to avoid the disruption, expense and risk of protracted litigation and was based on an appropriate cost/benefit analysis. c. Decision regarding Mr. Elger\u2019s continuation of employment Initially, Dr. Callender believed continuing Mr. Elger\u2019s employment on an interim basis to assist with the transition was in the best financial interest of UTMB. However, after further consideration and consultation with others, it was decided to shorten the interim period of Mr. Elger\u2019s service. 4 1 should release this Committee\u2019s written findings and recommendations. 2 should make a concerted effort to improve its internal and external communications. There appears to be a perception that complaints are received, ignored and not investigated, which the Committee did not find to be true in these two cases. The results of investigations should be communicated to employees and the public to the extent allowed by law and privacy considerations. The employees should be made aware that as a check and balance System requires that all allegations of sexual misconduct should be reported by Office of Institutional Compliance to the System Office of General Counsel and updates are provided until the investigation is concluded. 3. The Committee concluded that these two instances were examples of a lack of professionalism on the part of the individuals involved rather than indicative of a culture of sexual harassment throughout the Institution. Consequently should offer additional training to employees and executives on dealing with situations of sexual harassment and lack of professionalism and how to report same. This training should be targeted and mandatory. Executives and upper management should receive additional training beyond that provided to non executive employees. 4. Sexual Harassment and Misconduct Policy should be revised to consider the following: a. The policy should be revised to reflect the situations where is unable to conduct the investigation (e.g., when or its reporting structure has been implicated). Included in the policy should be information regarding the various checks and balances, including the fact that complaints of sexual misconduct must be reported to the System Office of General Counsel and updates are provided until the investigation is concluded. b. Employees should be encouraged to file complaints of sexual harassment or discrimination within 30 days as a means of preventing ongoing misconduct and facilitating a full and fair investigation. 5. The Committee recommends that in response to a public request for information regarding sexual misconduct claims, the following response should be considered: It is UTMB\u2019s policy to investigate all complaints of discrimination or harassment promptly will attempt to protect the confidentiality and privacy of all employees and to preserve the integrity of the investigation will comply with all requests for information in accord with applicable regulations from the System and state law. In addition, pursuant to the policy of the System, all sexual misconduct complaints must be reported by UTMB\u2019s Office of Institutional Compliance to the Office of General Counsel of the System. 6. Positions should be descriptive of the responsibilities and expectations of the role. Terms such as \u201cSpecial Advisor to the President\u201d and similar generic terms should not be used.", "7838_103.pdf": "88a2-11e3-be00-001a4bcf6878.html Medical branch promises greater \u2018transparency' by Jan 29, 2014 \u2014 The University of Texas Medical Branch on Tuesday released documents it had fought to withhold related to a sexual-harassment complaint against its former William R. Elger. On the same day, officials said the medical branch would form a \u201cblue-ribbon\u201d panel to review the way it investigates complaints and the way it handles public information requests. The university had fought to conceal the documents from the public, asserting they would be \u201chighly offensive to a reasonable person.\u201d But the Texas Attorney General, in separate rulings dated Dec. 30 and Jan. 3, said the medical branch must release the information. The Texas Attorney General\u2019s office ruled, however, that the accuser\u2019s name must be redacted. The Daily News requested the information after Elger, 63, in September stepped down from his high-ranking position under questionable circumstances is forming a blue-ribbon panel to review UTMB\u2019s investigation practices and procedures related to internal personnel matters and enhance the processes of UTMB\u2019s release of public information,\u201d said Raul Reyes, a medical branch spokesman. \u201cAll this is in the spirit of greater transparency employee alleged sexual harassment by Privacy - Terms 2/22/25, 6:00 Medical branch promises greater \u2018transparency' \| Local News \| The Daily News 1/1", "7838_104.pdf": "Panel: No harassment culture at Medical Branch Charlie Savage Published 12:01 a.m May 5, 2014 Updated 9:26 p.m Sept. 26, 2018 panel has concluded that the behavior of two former high-ranking executives at the University of Texas Medical Branch at Galveston did not rise to the level of sexual harassment. The Medical Branch had come under scrutiny after accusations were made by female employees against Dr. Garland Anderson \u2014 the former executive vice president, provost and dean of medicine \u2014 and William R. Elger, who is the former chief financial officer, The Galveston County Daily News reported Saturday woman accused Elger of improper comments and behavior, including suggesting over lunch that she unbutton her blouse in exchange for vacation time, as well as kissing her on the lips on two separate occasions. She also accused the Medical Branch of ignoring her complaints female member of Anderson\u2019s executive team accused him of using his powerful position to stalk and attempt to coerce her into an inappropriate romantic relationship. The women settled their cases with the Medical Branch for $200,000 each under confidentiality agreements. Elger, who resigned Sept. 16, kept his $581,400 annual salary and \u201capplicable longevity pay\u201d for a new position as special adviser to the president. Elger, 64, was to be special adviser to the president until Aug. 31 or until he was re-employed, according to the settlement agreement, but he left the campus Nov. 30. Anderson resigned his $619,109-a-year post in August 2011 and took what the Medical Branch characterized as a sabbatical. He returned as a special adviser to the president, earning $525,000 a year. 2/22/25, 6:00 Panel: No harassment culture at Medical Branch 1/2 The seven-member panel determined that the campus does not have a pervasive culture of sexual harassment. But it recommended that the Medical Branch revise its policies to encourage employees to file such complaints within 30 days to prevent ongoing misconduct Medical Branch President David Callender said the campus was known for a friendly culture, and that came with downsides, including people forming close relationships and feeling comfortable speaking too casually or saying things inappropriate for the workplace. \u201cWe need to take a look at the culture and be cautious we don\u2019t fall into a trap,\u201d Callender said. His decision to keep Anderson on as a special adviser after the settlement was reasonable, the panel concluded. But bestowing the title of \u201cspecial adviser to the president\u201d denoted favoritism, according to the report. The panel also looked at how the medical campus handled public information requests related to the cases. The administration fought requests by the newspaper for case documents. \u201cWhile the panel concluded that acted within the limits of privacy rules and public disclosure laws, there is room for refining our processes and how we communicate our actions,\u201d Callender said in a letter to students Friday. 2/22/25, 6:00 Panel: No harassment culture at Medical Branch 2/2", "7838_105.pdf": "Former Chief Financial Officer William R. Elger played it fast and loose with comments and texts to a female employee, even suggesting over lunch that she unbutton the top of her blouse in exchange for vacation time Former Chief Financial Officer William R. Elger played it fast and loose with comments and texts to a female employee, even suggesting over lunch that she unbutton the top of her blouse in exchange for vacation time, according to allegations in documents released Tuesday by the University of Texas Medical Branch employee alleged sexual harassment by Author Staff Published: 9:43 January 29, 2014 Updated: 9:43 January 29, 2014 Freed-Montrose library reopens much to the relief area residents \uf110 00:00 / 00:00 \uf026 \uf064 \uf04b x 2/22/25, 6:01 employee alleged sexual harassment by \| khou.com 1/4 But Elger s flirtatious, sometimes lewd, behavior turned to anger when that female employee complained about him to medical branch officials, according to allegations in documents created during a sexual-harassment investigation. The female employee, whose name was redacted from documents the medical branch released by order of the Texas Attorney General s office, also accuses medical branch officials of ignoring her complaints about Elger. Click here to read more at the Galveston County Daily News. War Thunder \| Sponsored Play War Thunder now for free Fight in over 2000 unique and authentic Vehicles. Fight on Land, on Water and in the Air. Join the most comprehensive vehicular combat game. Over 2000 tanks, ships and aircraft. Play Now Packaging Machines \| Search Ads \| Sponsored Top Packaging Trends In 2024 (Take Look) Search Now Laser Cutting Machines \| Sponsored Top 10 Best Laser Cutting Machines 2024 (See Prices) Search Now Crossout \| Sponsored Crossout: New Apocalyptic Check out the new Crossout 2.0 for free. Discover PvP and PvE in our upgraded Action MMO. Countless unique Vehicles, PvE and PvP, Trading. Are you ready? 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Work for a Company, Live in Dera Bakha Police release names of victim, suspect after deadly wrong-way crash on I-45 North Freeway Police uncover new evidence in Super Bowl reporter Adan Manzano\u2019s death investigation 2/22/25, 6:01 employee alleged sexual harassment by \| khou.com 3/4 ARTICLE... 2/22/25, 6:01 employee alleged sexual harassment by \| khou.com 4/4", "7838_106.pdf": "88a1-11e3-9ba1-001a4bcf6878.html employee alleged sexual harassment by By Jan 29, 2014 former University of Texas Medical Branch employe alleged former Chief Financial Officer William R. Elger sexually harassed her, according to documents provided by \u2014 Former Chief Financial Officer William R. Elger played it fast and loose with comments and texts to a female employee, even suggesting over lunch that she unbutton the top of her blouse in exchange for vacation time, according to allegations in documents released Tuesday by the University of Texas Medical Branch. But Elger\u2019s flirtatious, sometimes lewd, behavior turned to anger when that female employee complained about him to medical branch officials, according to allegations in documents created during a sexual-harassment investigation. The female employee, whose name was redacted from documents the medical branch released by order of the Texas Attorney General\u2019s office, also accuses medical branch officials of ignoring her complaints about Elger. Privacy - Terms 2/22/25, 6:01 employee alleged sexual harassment by \| Local News \| The Daily News 1/6 She further accuses Elger of firing her in retaliation for complaints against him related to sexual harassment. Meanwhile, Elger landed softly, continuing to collect a six-figure salary long after he abruptly resigned. Detailed timeline In a detailed timeline dating back to December 2009 and submitted to the U.S. Equal Employment Opportunity Commission after she was fired, the female employee accuses Elger of becoming increasingly hostile toward her after she complained about his behavior. On April 11 last year, about two months after she complained to medical branch officials about Elger\u2019s behavior, she was served with a termination notice, according to the timeline she submitted to the have always had to contact the Compliance Office and have been \u2018blown off\u2019 every time that have questioned the status of my filing and the investigation,\u201d she said really felt like nothing was ever done about my complaint and Mr. Elger\u2019s \u2018intent to terminate\u2019 me is a direct form of retaliation ...\u201d Some time after she filed the complaint, the woman entered into a confidential settlement agreement with the medical branch for $200,000. The exact date of the settlement wasn\u2019t immediately available. The University of Texas System denied the allegations in the charge and asserted all its actions were appropriate and not in violation of rights, according to documents. Nothing in the agreement was an admission of liability by the medical branch or by Elger. \u2018Holiday drink\u2019 Elger, who resigned Sept. 16, kept his $581,400 yearly salary and \u201capplicable longevity pay\u201d for his reassigned position as special adviser to the president. Elger was to be special adviser to the president until Aug. 31 this year or until he was re- employed, according to the settlement agreement. It is unclear whether Elger, 63, is re-employed, but he officially exited the campus and its payroll Nov. 30, nine months sooner than the agreement stipulated. 2/22/25, 6:01 employee alleged sexual harassment by \| Local News \| The Daily News 2/6 The employee\u2019s timeline of Elger\u2019s alleged behavior begins in December 2009 asked me if would like to have a \u2018holiday drink\u2019 with him after work at a hotel bar declined.\u201d On Jan. 30, 2010, Elger again \u201cmentioned having a \u2018holiday drink\u2019 in an email,\u201d according to the documents. The employee noted that after Leadership Sexual Harassment Training\u201d on Dec. 6, 2010, Elger seemed a little \u201creserved\u201d and didn\u2019t invite her to lunch as often or send as many texts on the weekends, according to allegations in the documents. In June 2011, the female employee requested vacation time. The woman said on June 16, 2011: \u201cLunch at Salsas with \u2014 \u2018Unbuttoning of my top button on my blouse in exchange for time off\u2019 comment was made when asked him if he was going to approve my request for time off,\u201d according to allegations in the documents. Hugged and kissed The woman said she had \u201cnumerous lunches\u201d with, and received many \u201cfriend\u201d text messages from, Elger during 2010, according to allegations in the documents. She said the texts made her feel awkward. In December 2011, before Elger\u2019s departure for the winter holidays, he met the female employee in his office \u201cbehind closed doors,\u201d according to allegations in the documents. At the end of the meeting, Elger hugged her and then kissed her on the lips, according to allegations in the documents. \u201cWas very uncomfortable and awkward for me. He said he was going to miss me and have withdrawals.\u201d Tense workplace She described the workplace as being \u201ctense\u201d from August 2012 through November 2012 as other employees began to feel she was getting preferential treatment by Elger, according to allegations in the documents. 2/22/25, 6:01 employee alleged sexual harassment by \| Local News \| The Daily News 3/6 told me that am \u2018in a fishbowl\u2019 and must be careful of what do and say,\u201d she wrote. \u201cHe told me there are those who are jealous of the relationship that he and have. He said our relationship was not like most executives and their assistants.\u201d In November 2012, both she and Elger purchased new vehicles. She said she received a text: \u201cI\u2019ll show you mine if you show me yours,\u201d according to allegations in the documents. The female employee said she was \u201cshocked and offended\u201d by the text. In December 2012, before the winter holidays, Elger again had a meeting with the employee behind closed doors and again ended the meeting with a hug and by kissing her on the lips, according to allegations in the documents. Complaint lodged On Feb. 21 last year, the female employee met with Brad Willbanks, deputy chief compliance officer, and Toby Boenig, associate vice president and compliance officer. She told them about the \u201cunbuttoning blouse\u201d comment and the kissing on the lips incidents, according to allegations in the documents. On Feb. 22 last year, she told Boenig she had emails and texts that supported her allegations, according to documents. And by Feb. 25, she called Boenig to inform him she had created a timeline of events and brought them to his office. The employee said she asked about what would happen next and he told her the medical branch would conduct a \u201cformal review.\u201d \u201cHe said it was \u2018business as usual\u2019 for me and that \u2018if there was to be any disciplinary action taken,\u2019 it would be in about two weeks,\u201d according to the timeline told him that it was becoming more difficult to go about \u2018business as usual\u2019 as is not talking to me, not meeting with me, which was making me uncomfortable. He told me that had a \u2018no retaliation\u2019 policy and that if feel that is showing retaliation, then need to report that to his office.\u201d 2/22/25, 6:01 employee alleged sexual harassment by \| Local News \| The Daily News 4/6 On March 25, the female employee contacted Boenig and told him her work environment had become increasingly hostile and Elger was reprimanding her in front of her peers in an unprofessional manner with a \u201cnasty\u201d tone, according to allegations in the document. Terminated On April 11, the female employee was served with a termination notice, according to the timeline. During an \u201cunannounced meeting\u201d with Ronald McKinley, vice president for human resources and employee services, and Drew Walker, a human resources manager, in Elger\u2019s office, the female employee asked whether her firing had anything to do with her complaints against Elger asked if my being served with a \u2018letter of intent to terminate\u2019 had anything to do with the sexual harassment allegations that brought against Mr. Elger and was told that one had nothing to do with the other,\u201d according to allegations in the documents. She ended the timeline by saying that she had heard nothing from the medical branch\u2019s compliance office about her sexual harassment filing against Elger. \u201cIt is quite apparent that has no intention of disciplining Mr. Elger for either of these actions; instead have been terminated,\u201d she alleges in the documents. Second case Elger\u2019s resignation marked the second time in as many years that a high-ranking medical branch official stepped down after being the subject of an investigation, but continued to receive a six-figure salary. In August 2011, Dr. Garland Anderson announced his resignation. Anderson, executive vice president, provost and dean of medicine, was highly regarded and was the second-most powerful executive at the medical branch. 2/22/25, 6:01 employee alleged sexual harassment by \| Local News \| The Daily News 5/6 After resigning, Anderson, who had earned $619,109 a year, took what the medical branch characterized as a sabbatical. When he returned, he began receiving $525,000 a year as special adviser to the president. The Daily News, however, obtained documents suggesting allegations of improper behavior may have cost Anderson, 69, his job. Jacqueline Genovese, a member of Anderson\u2019s executive team, also took what the medical branch referred to as sabbatical time. Genovese, who had been promoted to assistant vice president for communications and faculty relations, said she was discriminated against, subjected to a hostile work environment and was retaliated against because of her gender, according to a confidential settlement obtained by The Daily News. In the settlement, the medical branch agreed to pay Genovese $200,000. The settlement included no admissions of wrongdoing by either Anderson or the medical branch. The medical branch also fought to release documents, arguing they should be withheld because there was an ongoing compliance investigation involving personnel matters. The Daily News this week will resubmit requests for information regarding Anderson\u2019s resignation. Anderson, who is a special adviser to the president, is scheduled to exit the campus and its payroll Friday. Contact reporter Laura Elder at 409-683-5248 or [email protected] Documents on Elger Updated Aug 28, 2019 Medical branch promises greater \u2018transparency' 2/22/25, 6:01 employee alleged sexual harassment by \| Local News \| The Daily News 6/6"}
8,343	Faisal Jaswal	Bellevue College	[ "8343_101.pdf", "8343_102.pdf", "8343_103.pdf", "8343_104.pdf", "8343_105.pdf", "8343_106.pdf" ]	{"8343_101.pdf": "46 Ex-Bellevue College dean allegedly raped assistant for years Her attorney said the woman has intellectual delays making it easier for the man to manipulate her. By Kailan Manandic \u2022 August 29, 2018 8:30 am former Bellevue College (BC) employee has filed a lawsuit alleging the school failed to protect her from being manipulated, abused and raped for years by her boss. The 29-year old woman has accused Faisal Jaswal, the former assistant dean of student programs at the college, of using his position to sexually abuse her. According to a protection order filed in December 2017, Jaswal is accused of manipulating his front desk assistant into sex and sexual abuse starting in 2010. Jaswal told the woman he would fire her if she reported the abuse or rape, according to court documents. \u201cFor five years, Mr. Jaswal forced me to have intercourse with him through coercion, physically assaulted me, and degraded me,\u201d the survivor stated in the 2017 protection order. \u201cHe also threatened to force me into prostitution and threatened that men would abduct me and rape me or traffic me\u2026he has threatened to kill me and female members of my family on several occasions.\u201d The lawsuit, filed in early August, targets the college and Washington state by extension. The lawsuit claims the school fostered a hostile work environment and failed to protect the woman from Jaswal, who has been the subject of several sexual harassment claims from college employees and students. \uf111 \uf39e\uf111\uf111 \uf281\uf111 \uf0e0\uf111 \uf02f 2/22/25, 6:02 Ex-Bellevue College dean allegedly raped assistant for years \| Bellevue Reporter 1/9 The woman has intellectual delays that made it easier for Jaswal to manipulate her, court documents state. The Seattle reports the woman has the mental capacity of a 14-year-old and that college officials were aware of her intellectual limitations. Her lawyer, Julie Kays, filed the lawsuit. The woman began working as a student employee for Jaswal\u2019s office in 2009, and was quickly promoted to a full-time employee. She began interacting with Jaswal outside of work with other employees in 2010. Jaswal allegedly began coaxing her into one-on-one dates where he would sexually harass her and eventually pressured her into sex, court documents state. The woman claimed the relationship escalated to involve derogatory sexual abuse and violence. The woman first reported the abuse in August 2016, and a 2017 Bellevue Police Department investigation remains open. In 2014 or 2015, the woman\u2019s co-workers reported concerns to Bellevue College officials that Jaswal was taking advantage of her, according to the Seattle PI. This was followed by other reports from employees who were concerned that Jaswal had sexually harassed other students and employees, the lawsuit states. In the December 2017 protection order, the woman stated she feared for her life and the lives ofher female family members who Jaswal had threatened to kill. Jaswal was forced to surrender his five firearms as a result of the protection order. Jaswal no longer works at Bellevue College, and in a statement, the school said it removed Jaswal once they were \u201cmade aware\u201d of the abuse. \u201cBellevue College does not tolerate harassment, discrimination, retaliation or the misuse of positions of power,\u201d the statement reads. \u201cWe are a diverse and inclusive higher education community and are deeply troubled when there are reports of behaviors inconsistent with our values.\u201d The statement was released earlier this month in response to the lawsuit and did not detail any specific disciplinary action taken against Jaswal. The college reports it has hired an independent investigator to review the sexual harassment claims. \u201cBellevue College has stringent policies and procedures regarding sexual harassment and anti-discrimination that ensure swift action once we are aware of a situation,\u201d the statement continued. \u201cNevertheless, we will continue to review safeguards we have in place while providing a structure that encourages students and staff to come forward at the first indication of wrongdoing.\u201d According to Seattle PI, the woman\u2019s attorneys claim Bellevue College had placed Jaswal on paid administrative leave after the initial sexual abuse report and allowed him to retire months later. 2/22/25, 6:02 Ex-Bellevue College dean allegedly raped assistant for years \| Bellevue Reporter 2/9 < Previous Totems are looking to take the next step Next > Bellevue Christian looking to have breakthrough season Sign Up For Our Newsletters Subscribe to our e-mail newsletter to receive updates 2/22/25, 6:02 Ex-Bellevue College dean allegedly raped assistant for years \| Bellevue Reporter 3/9 Molly Moon\u2019s to offer walk-up... By Kailan Manandic 30Bellevue offically opened for low-income... By Kailan Manandic 2/22/25, 6:02 Ex-Bellevue College dean allegedly raped assistant for years \| Bellevue Reporter 4/9 Tempur-Pedic opens a flagship location... By Kailan Manandic Bellevue Chamber launched environmental partnership By Kailan Manandic 2/22/25, 6:02 Ex-Bellevue College dean allegedly raped assistant for years \| Bellevue Reporter 5/9 Small businesses brace for higher minimum wage in King County New wage for unincorporated areas went into effect Jan. 1, but the rules are still being determined. By Grace Gorenflo \u2022 January 28, 2025 12:38 pm 2/22/25, 6:02 Ex-Bellevue College dean allegedly raped assistant for years \| Bellevue Reporter 6/9 Zahn appointed to 41st Legislative District seat Top three candidates included Island\u2019s Weinberg. By Andy Nystrom \u2022 January 27, 2025 1:23 pm 2/22/25, 6:02 Ex-Bellevue College dean allegedly raped assistant for years \| Bellevue Reporter 7/9 Former Auburn cop sentenced to 16 years, 8 months for murder jury convicted him in June 2024 for second-degree murder after shooting Jesse Sarey in 2019 By Joshua Solorzano \u2022 January 24, 2025 2:40 pm 2/22/25, 6:02 Ex-Bellevue College dean allegedly raped assistant for years \| Bellevue Reporter 8/9 subsidiary of Black Press Media Work With Us \u00a9 2025 Bellevue Reporter + Sound Publishing + Black Press Media. All Rights Reserved. Powered By NewzBoost 2/22/25, 6:02 Ex-Bellevue College dean allegedly raped assistant for years \| Bellevue Reporter 9/9", "8343_102.pdf": "Home \uf105 News \uf105 Lawsuit raised against has reached settlement Lawsuit raised against has reached settlement \uf017January 11, 2019 \uf007Jonathan Kern \uf07cNews \uf0750 In late 2018, former Assistant Dean of Student Programs, Faisal Jaswal, was accused of sexually assaulting his assistant for six years. His assistant, who has remained unnamed, sued Bellevue College in August of 2018 claiming that the school and Washington State attributed to a hostile work environment. Allegedly Jaswal stalked, manipulated and abused his former assistant since October of 2010. According to the lawsuit, the assistant had a mental disability which made her more susceptible to the abuse. Before his assistant came forward, her co-workers came together in 2014-2015 and told Bellevue College authorities that they were concerned Jaswal was \uf16d \uf099 \uf39e 2/22/25, 6:02 Lawsuit raised against has reached settlement \u2013 The Watchdog 1/2 taking advantage of her. Other employees also came forward and claimed that he had sexually harassed other students and employees. As soon as Jaswal\u2019s assistant came forward with the allegations in August 2016, two more allegations from other people came out. On November 26, Dr. Jerry Weber sent out an email notifying the school that \u201ca settlement has been reached between the College and the plaintiff who filed a sexual harassment lawsuit earlier this year. The college agreed to an early resolution of the claim in order to avoid lengthy and expensive litigation. This has been a difficult and painful chapter in the college\u2019s history. The lawsuit and related media coverage have deeply affected our college community. Sexual violence, harassment, or the misuse of power, is devastating to victims, families, and communities. Bellevue College is moving forward and strengthening existing measures to ensure that students, faculty, and staff have a safe and positive environment. The College has completed a comprehensive overhaul of anti- discrimination policies and procedures. Next, we will be expanding our existing training for students, faculty, and staff on prevention and intervention.\u201d The Watchdog will publish more about this story as specific details about the settlement come to light Select Month Log in \u2026 Copyright \u00a9 2025 Magazine WordPress Theme by Themes 2/22/25, 6:02 Lawsuit raised against has reached settlement \u2013 The Watchdog 2/2", "8343_103.pdf": "2015\u201316 Student Success Service center your Find connections through our semi-annual Volunteer Fair and monthly volunteering opportunities with Peer to Peer. Student led service projects build a stronger community on campus. These include monthly ice cream socials with Peer to Peer and a variety of volunteer opportunities. Boost your academic success by utilizing services such as Student Programs tutoring, Bellevue College counseling, and workshops to refine your professional skill sets. Become a leader on campus! Engage with other leaders in Student Programs and the Center. Attend leadership workshops and retreats including our Mid-Year Leadership Retreat and Camp Casey Leadership Retreat. Bellevue College students and employees are taking an active role enhancing the sustainability of our campuses focusing on energy and water conservation, transporta- tion choices, waste reduction, and sustainable food Center C-106 (425) 564-2297 Student Life Community Building Sustainability stands for Peer Assisted Leadership through Service, a place where you can come to: \u0083\u0083 ask questions \u0083\u0083 find resources \u0083\u0083 connect with staff and students \u0083\u0083 find a home in Student Life at Bellevue College. We offer connections with: \u0083\u0083 tutoring \u0083\u0083 advising \u0083\u0083 multicultural services We can walk you through the cam- pus resources you need to succeed Welcome from the President.........................2 About Bellevue College..................................3 Student Testimonials.....................................4 Bellevue College Mission Statement..............5 Academic Calendar & Important Dates.......7-9 Steps to Geting Started...........................12-13 Academic Advising.......................................14 Financial Aid.................................................16 Parking on Campus.................................18-19 Registration Services...................................20 Student Affairs........................................20-21 Bookstore.....................................................24 Bus Passes / Bus Service...............................25 Cafeteria.......................................................25 Center for Career Connections & The Women\u2019s Center...........................25 Counseling Center........................................26 Disability Resource Center...........................26 Every effort is made to ensure that information in this publication is accurate. Changes may occur after printing due to unforeseen changes such as funding,staffing, curricula or policies. For updated information, visit Comments about this publication may be sent to the Publications & Communications Manager: [email protected]. Handbook interior pages are printed on Certified Accent Opaque 70# paper Published by: Student Programs Editorial, Design and Production by: Bellevue College Creative & Printing Services Acknowledgements: ASBC, Faisal Jaswal, Hristo Stoynov Fitness Center...............................................27 Online Services.............................................30 Public Safety................................................31 Workforce Education....................................33 Student Union Services...........................34-35 Center.............................................35-36 Academic Success Center.............................38 Library Media Center....................................38 Computer & Learning Labs......................38-52 Student Programs..................................44-48 Honor Society: Phi Theta Kappa...................50 Student Clubs..........................................51-52 Student Newspaper: The Watchdog............51 Sustainability...............................................51 Art Gallery....................................................54 Music............................................................54 Theatre Arts.................................................55 Athletics.......................................................56 Students Right-To-Know Act........................58 College Policies & Procedures.................59-70 Student Code, Freedoms & Responsibilities..............................71-74 Words to Know to Survive College...............75 Emergency Response...................................81 Evacuation of Buildings................................82 First Aid/Medical Emergencies....................82 Campus Closures..........................................84 Resources & Campus Contacts............... 85-88 Where To Find Things In This Handbook...................................89-91 1 As the summer days wind down can\u2019t help but feel excited by the changing foliage and the quickened tempo across campus \u2013 it means another school year is about to begin! For many, it is the beginning of the calendar year when the anticipation over all that might be accomplished inspires change, but as a college president, it is fall, when the colors change and school supplies are advertised in every store that feel like an exciting new start is around the corner. And that excitement am feeling isn\u2019t without warrant \u2013 we have so many thrilling things in store on this campus in the coming academic year. In January 2016, we will begin in earnest to celebrate Bellevue College\u2019s 50th anniver- sary! It\u2019s so amazing to think about not only what we\u2019ve accomplished on the Eastside in the past 50 years, but what we will be able to do in the next 50! As this school year unfolds, you will likely hear about events and activities centered on the 50th and encourage you to get involved. Our success is, in large part, due to our community\u2019s continued call to action. Bellevue College is such a unique campus and given the depth and breadth of our programming encourage you to take the time to not only learn in your classroom or online environment, but to forge connections with other students, your world-class faculty, and the expert support staff. Use this time to create lifelong relationships that expand your horizons and enhance the world. Join a club, explore cultural activities, and develop an appreciation for the diversity around you. If you are a returning student and/or a lifelong learner congratulate you for continu- ing to pursue your education. Whether you are changing careers, seeking additional professional skills or enhancing your personal knowledge, Bellevue College will support all your educational endeavors. Each time have returned to the classroom develop a greater appreciation for all that there is to learn and explore. In addition to personal success, Bellevue College students contribute to the success of the Puget Sound region, the state of Washington, and the world. Whether it\u2019s healthcare technology, network administration or Interior Design students provide a solid foundation to the workforce in the region and beyond. As a Bellevue College graduate, your skills and abilities will be sought by employers or allow you to pursue advanced degrees. The education you receive from Bellevue College will make a difference in your life. So whether you dream of being a star in the theater or shooting for the stars in astronomy, we are here to support your success, help your dreams come true, and give you a fresh start. Become Exceptional! Dr. David Rule, Bellevue College President ! 2 Founded:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1966 College president:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dr. David L. Rule School mascot:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Bulldogs Enrollment:. . . . . . . . . . . . . . . . . . . . . . . . about 19,000 students each quarter (both credit and Continuing Education) Faculty:. . . . . . . . . . . . . . . . . . . . . approximately 1,098 full & part-time faculty Degree/certificate programs:. . . . . . . . . . . 140+ academic areas of study, 100+ professional/technical specialties offered Where do our students come from?. . . . . . . . . . . . . . . 60% from East King County Communities Number of students:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33,364 annually Gender distribution: . . . . . . . . . . . . . . . . . . . . Females 56.9% / Males 43.1% Age of all students:. . . . . . . . . . . . . . . . . . . . . . . .Median 24.8 / Average 30.4 Educational intent of degree-seeking students: Academic transfer:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54.7% Professional-technical:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45.3% For more information & updates visit: 3 Nina Nina Nesterenko Peer-to-Peer Lead Coordinator expected to be at two years then transfer. Then learned about BC\u2019s in interior design. The diverse student community here is amazing; not only do you get to meet new people and make friends, you also get to share and learn about different cultures in a very safe space. Volunteering with the Peer to Peer program and working in the Center is really life changing. It is truly an honor to be a part of the community. Fadrian Fadrian (Ega) Hartono Center Lead Coordinator After attending a school where didn\u2019t feel connected, a friend recommended that transfer to Bellevue College where the staff and faculty members are very supportive began at in Spring 2014 and immediately saw the difference. They all really want to help students become successful began volunteering for campus events, joined the Black Student Union and was elected to office. This opportunity has truly transformed my life gained the experience and confidence needed to pursue my dream of being an entrepreneur has helped me tap into my true potential as a student and a leader really believe it is one of the best colleges in the nation, and am so glad made that decision to attend. David David Joseph Student Transfer Associate Degree Business Black Student Union Program Coordinator started at Bellevue College in 2013 as a single mother, and homeless after my divorce completed a certificate and continue to work my way toward my dream job in the medical field felt like entered a large family when got involved in volunteering for the Peer to Peer program never felt so motivated and accomplished like do now believe that without support wouldn\u2019t be the student leader am now and taking science classes that love. Now set high goals for my future career and look forward to every challenge coming my way. 4 information you need to know Bellevue College is a comprehensive and innovative college that advances the lifelong educational development of its students consistent with their needs, interests, and abilities while strengthening the economic, social, and cultural life of its diverse community. The college accomplishes this purpose by providing high-quality, flex- ible educational programs and services that are academically, geographically, and financially accessible. Committed to teaching and learning excellence and employee growth and development, the college nurtures a supportive environment throughout its programs and services Adopted by the All College Council, 1992 Bellevue College is committed to maintaining an environment in which every member of the campus community feels welcome to participate in the life of the college, free from harassment and discrimination. We value our different backgrounds at Bellevue College, and students, faculty, staff members, and administrators are to treat one another with dignity and respect Bellevue College does not discriminate on the basis of race or ethnicity; creed; color; national origin; sex; marital status; sexual orientation; age; religion; genetic informa- tion; the presence of any sensory, mental, or physical disability; gender identity or veteran status in educational programs and activities which it operates... Please see policy 4150 at If you require accommodations for a disability, please contact Bellevue College\u2019s Disability Resource Center Program: Phone: (425) 564-2498 TTY: (425) 564-4110 E-mail: [email protected] Website: 5 information you need to know Main Switchboard.................. (425) 564-1000 Student Programs, C212........ (425) 564-6150 Student Affairs, B125............. (425) 564-1000 Center............................. (425) 564-2297 get in touch 6 information you need to know fall 2015 5/18/15 Registration begins (continuing students) 6/8/15 Registration begins (new & former students) 9/17\u20139/18/15 Opening days (Staff & Faculty) 9/21/15 Fall quarter begins 10/20/15 No day or evening credit classes 11/11/15 Holiday 11/26\u201311/27/15 Holiday 12/7/15 No day or evening credit classes 12/8\u201312/10/15 Fall quarter final exams 12/10/15 Last day of Fall quarter 12/11/15\u20131/3/16 Quarter break 12/24\u201312/25/15 Holiday Dates subject to change. Check the Bellevue College website for the most up-to-date information: November 2015 Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 September 2015 Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Opening Day 18 Opening Day 19 20 21 Fall Qtr Begins 22 23 24 25 26 27 28 29 30 December 2015 Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 5 6 7 8 Finals 9 Finals 10 Finals Qtr Ends 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 October 2015 Sun Mon Tue Wed Thu Fri Sat 1 2 Count Day 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 7 information you need to know winter 2016 11/16/15 Registration begins (continuing students) 11/30/15 Registration begins (new & former students) 1/1/16 Holiday 1/4/16 Winter quarter begins 1/19/16 Holiday 2/11/16 No day or evening credit classes 2/15/16 No day or evening credit classes 3/8/16 No day or evening credit classes 3/21\u20133/23/16 Winter quarter final exams 3/23/16 Last day of Winter quarter 3/24\u20134/3/16 Quarter break Dates subject to change. Check the Bellevue College website for the most up-to-date information: March 2016 Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Finals 22 Finals 23 Finals Qtr Ends 24 25 26 27 28 29 30 31 January 2016 Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 Winter Qtr Begins 5 6 7 8 9 10 11 12 13 14 15 Count Day 16 17 18 19 20 21 22 23 24 31 25 26 27 28 29 30 February 2016 Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 8 information you need to know spring 2016 2/16/16 Registration begins (continuing students) 2/22/16 Registration begins (new & former students) 4/4/16 Spring quarter begins 5/30/16 Holiday 6/15\u20136/17/16 Spring quarter final exams 6/17/16 Quarter ends 6/17/16 Commencement ceremony 6/17/16 Last day of Spring quarter 6/18\u20136/26/16 Quarter break Dates subject to change. Check the Bellevue College website for the most up-to-date information: May 2016 Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 June 2016 Sun Mon Tue Wed Thu Fri Sat June 17: Commencement 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Finals 16 Finals 17 Finals Commence- ment 18 19 20 21 22 23 24 25 26 27 Summer Qtr Begins 28 29 30 April 2016 Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 Spring Qtr Begins 5 6 7 8 9 10 11 12 13 14 15 Count Day 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 9 information you need to know 5 9 Students Right-To-Know Act..................................................58 Academic Forgiveness Policy.................................................59 Academic Progress.................................................................59 Animals on Campus................................................................60 Children on Campus...............................................................60 Classroom Behavioral Standards............................................60 Complaint Policy....................................................................60 Copyright and Fair Use Policy................................................ 63 Copyrighted Digital Material.................................................63 Disclosure of Social Security Numbers...................................64 Discrimination, Harassment and Retaliation.........................64 Drug-Free Environmen...........................................................64 Equal Opportunity..................................................................65 Family Education Rights and Privacy Act (FERPA).................65 Financial Responsibilities.......................................................66 Grading...................................................................................66 Grievance Procedures: See Complaint Policy.........................60 Hazing....................................................................................68 Parking and Traffic Regulations.............................................68 Posting...................................................................................69 Refunds and Administrative Fees..........................................69 Refund Procedures.................................................................69 Registration: See Registration Services.................................20 Sexual Harassmen..................................................................70 Smoking on Campus..............................................................70 Student Code..........................................................................71 Student Rights and Freedoms................................................71 Student Responsibilities........................................................71 Vendor Policy.........................................................................74 Withdrawing from Classes.....................................................74 10 information you need to know 11 COLLEGE? Applying for admissions is your first step as a new student. If you are returning to Bellevue College after being away for more than four quarters, you must submit a new application for admissions 1: Apply for Admissions Apply at bellevuecollege.edu. (Apply for financial aid early and be aware of deadlines 2: Assess English and Math Skills Take the assessments at the Office of Testing Services, 1st floor, B132. \u0084 \u0084 Bring your SID#, a valid photo and a credit/debit card or check to pay fee. \u0084 \u0084 No appointment needed. Just drop-in. Go to assessment to view the assessment schedule. \u0084 \u0084 The assessment is not timed, but plan for about 1-2 hours 3: Attend a Bellevue Advising & Registration Kickoff (BARK) Sign up for a session at or visit Academic Advising on the 2nd floor of the Building to sign up in person. Bring your English and Math assessment scores to your 90-minute session. Learn information at to assist you in choos- ing your first-quarter classes 12 4: Register for your Classes, including a First Quarter Student Success Course You receive hands-on assistance with online registration immediately following your advising session. There are two freshman student success programs: the Comprehen- sive Success Initiative (CSI) and the First Year Experience (FYE). Your advisor will help you identify into which one you are required to enroll. See (First Year Experience) \uf0e8 p. 15 5: Pay Your Tuition Tuition and fees are due immediately. There is a grace period of 7 calendar days from the first day you register for classes by the first day of the quarter, whichever comes first. There is no grace period once the quarter has begun 1: Apply for Admissions Previous students who have been absent for four or more quarters must re-apply at bellevuecollege.edu. (Apply for financial aid early and be aware of deadlines 2: Determine Completion of Prerequisites and English/Math Placement Prerequisites: If you have taken courses from another institution that meet our course prerequisites, visit uisites to learn about the procedure to clear prerequisites for registration. Math and English: If you have not completed a 100-level math and/or English course, take the skills assessment prior to meeting with an advisor. Learn more at: www. bellevuecollege.edu/enrollment/assessment/testing 3: Meet with an Academic Advisor While meeting with an academic advisor is recommended, it is not required. Academic advisors provide an unofficial review of your previous credits and assist with course selection. University Transfer Advising: \u0084 \u0084 Business transfer, (425) 564-2331 or go to D110 \u0084 \u0084 Science, Computer Science, Pre-med, and Engineering transfer, (425) 564-2321 or go to L200 \u0084 \u0084 All other university transfer majors, (425) 564-2212 or go to B232 Professional Technical Advising (career preparation programs): \u0084 \u0084 Nursing and public health related, (425) 564-2012 or go to T208 \u0084 \u0084 Radiation and Imaging Programs, (425) 564-2507 or go to T308 and Business related, (425) 564-2311 or go to A254 For Advising Center hours visit 4: Register for Classes Register for classes on or after your registration time at 5: Pay Your Tuition Tuition and fees are due immediately. There is a grace period of 7 calendar days from the first day you register for classes by the first day of the quarter, whichever comes first. There is no grace period once the quarter has begun. Visit lege.edu/registration/payments/. 13 getting started enrollment 2nd floor, Student Affairs Building, (425) 564-2212 Bellevue College\u2019s Academic Advising Services professional advisors work closely with you from the moment you begin at to the completion of your academic path here. Professional academic advisors work in partnership with you to clarify your academic and career goals creating a balanced educational plan to complete your degree or certificate of choice. Academic advisors help with: \u0084 \u0084 Degree and certificate requirements \u0084 \u0084 Major exploration \u0084 \u0084 Course selection for degree completion and transfer \u0084 \u0084 Graduation requirements \u0084 \u0084 Unofficial transcript review \u0084 \u0084 University exploration \u0084 \u0084 University admission and major requirements \u0084 \u0084 Transfer application assistance \u0084 \u0084 Discuss majors as they relate to career goals In addition to academic advising, the Advising Center has a robust Transfer Center located in the lobby of the Center. The Center provides a library of transfer resources, admission packets, and university contact information. In addition, the Transfer Center hosts quarterly University Transfer fairs, workshops, and Individual on-campus appointments with university admission counselors 14 Bellevue Advising & Registration Kickoff is a group advising session to provide new students with all the information and resources you need prior to registering for your first quarter of college classes. First Year Experience (FYE) is a one credit student success class required of first-time-to-college students enrolled in 10 or more credits. The class includes a campus tour, seminars, sample classes, and educational planning sessions, all designed to assist new students transition to the college environment, and meet faculty, staff, student leaders and other new students 1st floor, Student Affairs Building, (425) 564-2309 Come to Cashiering to: \u0084 \u0084 make tuition/fee payments, pay college fines, and pick up financial aid checks \u0084 \u0084 purchase quarterly Passport cards at a significant discount (for Metro, Sound Transit and more; see website for details). The cashiers can accept cash, checks, and Visa or MasterCard. Please bring ID. Fall, Winter, & Spring Quarter hours: Monday, Thursday & Friday. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:00 a.m. - 4:30 p.m. Tuesday & Wednesday. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:00 a.m. - 5:30 p.m. Extended hours during first two weeks of quarter. Check schedule for summer hours. @ Bellevue College Common Course Numbering (CCN) is a program that makes commonly shared courses among Washington community and technical colleges have the same course number and title. If you took a class that was later changed by common course numbering, your transcripts will continue to use the course name and title used prior to the change. Look up courses using the state-wide database created by the State Board of Community and Technical Colleges. Visit You can also view our FAQs at North Campus, 14673 29th Place, Bellevue 98007 Customer Service (425) 564-2263 \u2013 Bellevue College Continuing Educations offers over 500 primarily non-credit classes each quarter, taught by industry professionals. Offerings include career enhancing classes and certificates as well as personal enrichment classes. It is also the home of the Business Training Institute (BTI) that offers training on-site to business and organizations offers classes & workshops through the following programs: \u0084 \u0084 Arts & Design \u0084 \u0084 Business & Professional Development \u0084 \u0084 Computers & Technology (begin- ning through advanced levels) \u0084 \u0084 Personal Enrichment \u0084 \u0084 Summer Programs for Teens \u0084 \u0084 Telos Retirees \u0084 \u0084 Translation & Interpretation \u0084 \u0084 World Languages & Travel For more information, visit See also North Campus \uf0e8 p. 29 15 getting started enrollment Degree Audit is an online tool that allows you to view how the courses you have taken fulfill requirements for any degree or certificate program. You can use Degree Audit alone or in collaboration with an advisor to view your academic progress in order to project classes for future quarters. All you need to begin using Degree Audit is your student number, and the Web address above. eLEARNING (formerly ED) A202, (425) 564-2438 or 1-877-641-2712 BC\u2019s eLearning is designed for students who prefer to learn off-campus, according to their own schedules. eLearning students get the same breadth and depth of material and earn the same college credit as students in regular classrooms. Online courses are conducted entirely via the Internet; students must access each online class daily for assignments, discussions, etc. As a eLearning student, you need the self-motivation and self-discipline to focus, set goals, and complete assignments on time without daily face-to-face contact with an instructor and other students. Check the self-assessment questionnaire and course site tutorial on the website to see if eLearning is right for you See Campus Resources > E-Mail Accounts \uf0e8 p. 27 B125, 1st floor, Student Affairs Building, (425) 564-3106 Graduation: Transfer to BC: The Evaluations Office is your final stop as a student to be evaluated for graduation. You are required to submit a graduation application to the Evaluations Office two quarters prior to the quarter you intend to graduate to be officially evaluated for your degree or certificate. One graduation application must be filed, with a fee, for each degree or certificate. Visit the Evaluations Office website for graduation applica- tions and detailed information on how to apply for graduation Many services offer evening hours for your convenience. They include the Student Service Center, Library, the Open Computer Lab, Cafeteria, Reading & Writing Lab and Math Lab, Counseling Center, and the Store. Check the website for details about which services are open and when Center for Career Connections, 2nd floor, Student Affairs Building, (425) 564-4066 provides students a wide variety of opportunities to engage in meaningful applied learning experiences, designed to help students connect to the wider community and to create an integrated and synergistic matrix of knowledge, skills, and understanding that allows for the deeper and more connected learning that comes from application and reflection. Class listings are in the quarterly schedule. Students can take advantage of two major types of experiential learning: \u0084 \u0084 Academic Internships \u0084 \u0084 Academic Service Learning Graduation Application Deadlines Summer Quarter March 15 Fall Quarter June 1 Winter Quarter October 10 Spring Quarter December 10 16 getting started enrollment B123, 1st floor, Student Affairs Building, (425) 564-2227 fa.bellevuecollege.edu/ Financial aid is available, although applying for it can be a complicated process. The first step to getting financial aid is to go online and fill out the Free Application for Federal Student Aid (FAFSA) at While you are able to apply for financial aid at any time during the year, we recommend applying for the between January 1 and March 2 to be considered for all available funds. Applying for aid usually takes two months to complete, sometimes longer. Don\u2019t delay AHEAD! The college must follow complex federal and state government rules and regulations governing the funds. You will not get an offer of financial aid until you have completed and submitted the required forms, so be sure to read your Student Aid Report (SAR) and visit the Financial Aid website to determine what documents you need to turn in. Our Financial Aid Office may need to contact you via letter or e-mail to clarify missing or conflicting information which can delay your award. To ensure you receive financial aid information (including payments), it is vital to keep your address, phone number and your mandatory e-mail updated at all times with the Financial Aid Office office. Day Walk-In Hours Phone Hours Monday 8:00 am \u2013 5:00 pm 8:00 am \u2013 5:00 pm Tuesday 12:00 pm \u2013 6:00 pm 12:00 pm \u2013 5:00 pm Wednesday 8:00 am \u2013 6:00 pm 8:00 am \u2013 5:00 pm Thursday 8:00 am \u2013 12:00 pm 8:00 am \u2013 12:00 pm Friday 8:00 am \u2013 4:00 pm 8:00 am \u2013 4:00 pm B233, 2nd floor, Student Affairs Building, (425) 564-2026 Career Education Options (CEO) Career Education Options (CEO) is a youth reengagement program designed for students aged 16-21, without a high school diploma. The program creates a new and exciting educational path by offering students a unique opportunity to a GED\u00ae, high school diploma, and/or associates degree and provides the tools to succeed in the college environment is committed to helping students find the potential that will reconnect them to their individual path of success in education and career. College in the High School College in the High School is a collaboration between and local school districts. Students can earn both college and high school credits by taking certain upper- level classes at their high school in areas such as math, English, science, and world languages. Students only pay a registration fee and nothing for tuition or books. Running Start Running Start students earn credits towards high school graduation requirements while earning college credit. High school juniors and seniors (enrolled in a public high school, home school co-op or as a \u201cnon-attending student\u201d of a private or home school) are eligible. Students can earn up to two years of tuition-free college credit during high school. Running Start is a great choice for students who welcome the academic challenges and social opportunities of a college environment. Classes are held on the Bellevue College campus and offered online. 17 getting started enrollment Summer Enrichment Summer Enrichment allows students ages 16-17 to enhance their high school experi- ence by taking more challenging college-level classes on the campus during the summer. Students pay for all books, fees and tuition. Tech Prep College Connections Tech Prep College Connections offers high school students (grades 9-12) the opportu- nity to prepare for a professional or technical career at Bellevue College while fulfilling their high school requirements. Students earn tuition-free credit towards a degree or certificate at by taking classes on their high school campus in areas such as media technology, accounting, marketing, graphics, engineering, programming and more While has student housing plans, projected to open in fall 2018 does not offer on-campus housing at this time. There is bulletin board space reserved for notices about off-campus housing that may be available. Anyone interested in posting housing information should pick up a form at the Center in C105 See Campus Resources > Online Services \uf0e8 p. 30 Student Programs, C212, Student Union, (425) 564-6150 Open house for new students is held three times per year, before the start of Fall, Winter and Spring quarters. They offer an opportunity for incoming students to mingle with students, staff and faculty and take a campus tour. Participants will learn about campus programs, opportunities to get involved on campus, and most importantly, leave with the resources to successfully survive their first week of school. Students unable to attend an open house event can go to college.edu/enrollment/admissions/orientations/ for an on-line orientation Public Safety, K100, (425) 564-2400 The college maintains more than 3,200 student parking spaces, with reserved areas for specially permitted vehicles, [i.e., with a permit; carpools (3+ people per car with a carpool permit)]; and drivers with disabilities with state-issued permits. Day and Evening Parking Restrictions 132H-116-415): Students, staff, and faculty may obtain day and/or evening parking on campus to the extent spaces are available as follows: 1. Student parking from 6:00 a.m. to 3:00 p.m. is limited to only those areas desig- nated as student parking. 2. Staff/faculty parking from 6:00 a.m. to 3:00 p.m. is limited to only those areas designated as staff/faculty parking. 3. Quarterly/annual permits must be displayed on the driver\u2019s side bottom corner of the front windshield. 4. Daily/weekly passes must be displayed face up without obstruction on the dashboard. 5. Parking after 3:00 p.m. for students, staff and faculty is available in all designated non 24-hour parking areas with the exceptions of parking spaces reserved for the disabled, the college motor pool and specifically signed reserved area. 18 getting started enrollment Park in student lots Park only in authorized spaces (not in the roadway, not on the landscaping Don\u2019t park in a reserved space e.g., with a permit; carpools (3+ people per car with a carpool permit; or a state issued permit for drivers with disabilities) unless your car is displaying a valid authoriz- ing permit for that space No parking is permitted in the Eastgate Park & Ride Violators are towed at their own expense CLASSES. Parking Permits: Must be purchased online at uecollege and are mailed to you. Parking lots 4, B-1, B-2, C-5, and D-1 are reserved for employee permits 24 hours a day Monday-Friday. Daily passes are available at pay stations located in the visitor/daily metered parking lots. For rates and answers to frequently asked questions, go to For your protection, do not park in the Eastgate Park & Ride. That facility is for bus commuters only and violators are towed, which is inconvenient and costly. Enforcement: Parking and traffic violations remains constant 365 days a year regard- less of whether classes are in session or whether it is a holiday 134H-116-791). Contact Public Safety before leaving a personal vehicle on campus overnight. Unat- tended and abandoned vehicles must not remain on campus for longer than 72 hours without prior permission and without a valid permit may be subject to citation and Impound 134H-116-620). Student and employee parking regulations (lot restric- tions) are enforced Monday through Friday throughout the year 134H-116-415). All regulatory signs (such as 20 minute parking stalls, delivery areas, fire lanes staff parking, handicap parking, etc.) are enforced uniformly throughout the entire year 134H-116-320). Fire zones (red curbs) are enforced throughout the year (134H-116-620). Citations: Violators of criminal, traffic, and parking laws and regulations are subject to citation 134H-116-620). If you do not pay the fine listed on the ticket, the college may delay your registration, place a hold on your transcripts or financial aid, or impound (tow away) your vehicle. Appealing Citations: Citations are not forgiven, erased, or forgotten. Citations are audit-controlled, legally enforced civil processes. If you receive a citation and believe it was issued in error or that you have an extenuating situation and want to appeal a citation, then fill out a \u2018Citation Appeal\u2019 at citation/. Appeals are referred to the Traffic Court for adjudication. Collisions and Hit & Runs: If you are involved in a collision or discover that you have been the victim of a hit-and-run, even if it involves just minor damage or personal Injury, immediately report the Incident to the Public Safety Department. Public Safety investigates all collisions that occur on campus 134H-116-655). See also College Policies > Parking and Traffic Regulations \uf0e8 p. 68 19 getting started enrollment An online list of credit course offerings indicates the known courses and the quarters in which they are projected to be offered during the academic school year, which runs summer through spring quarters. The list is meant to assist students and advisors with planning. Some variation may occur, so please check the quarterly class schedule each quarter 1st floor, Student Affairs Building, (425) 564-2222 You may register for credit classes from the website, from one of the computer kiosks, or in person at the Student Affairs Center. Registration dates, fees and proce- dures are published in the quarterly credit class schedules and on the website. Formerly Enrolled Students In order to regain admission, students who have not attended Bellevue College for four consecutive quarters (excluding summer quarter) must submit a new admission form and a non-refundable application fee. New and former students (new to or returning after an absence of more than four quarters) who will be taking credit courses receive a registration appointment date along with information on assessment and registration. New and former students who miss the recommended quarterly admission application deadlines register soon after an application is submitted. The enrollment calendar is published in the Credit Class Schedule and online at Transfer students must apply for admission, pay the application fee and follow the new and former student process. Continuing students are those currently enrolled or those students who have been absent for three quarters or less. Continuing students register at their scheduled times online at Online Registration for Credit Classes To use the website for online access registration, you must know your Student Identi- fication Number and your Personal Identification Number (PIN). Your birth date is initially assigned as your PIN. For your own protection, please change your the first time you use remote access. The online system does not recognize animated zero in a PIN. Online Access Registration Hours Monday - Friday. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6:00 a.m. - 12:00 a.m. Saturday. . . . . . . . . . . . . . . . . . . . . . . . . . . . . at 6:00 a.m. through Sunday at 5:00 p.m. See also Computer Kiosks > Web-based Services \uf0e8 p. 25 See Center > \uf0e8 p. 35 Student Affairs Building The Student Affairs Building is the place to go for most of your college business. Specifically, you\u2019ll find: \u0084 \u0084 Academic Advising \u0084 \u0084 Admissions & Registration \u0084 \u0084 Automated Teller Machine Store (Bookstore) \u0084 \u0084 Career Education Options (CEO) Office \u0084 \u0084 Center for Career Connections & Women\u2019s Center \u0084 \u0084 Cashier\u2019s Office \u0084 \u0084 Class Schedules \u0084 \u0084 Copy Machine \u0084 \u0084 Counseling Center \u0084 \u0084 Enrollment Services \u0084 \u0084 Evaluations/Gradu- ation Office \u0084 \u0084 Financial Aid Office \u0084 \u0084 High School Programs Office \u0084 \u0084 Computer Kiosks (electronic access to student info) \u0084 \u0084 Multicultural Services (MCS) Office Passport Cards \u0084 \u0084 TRiO Student Support Services \u0084 \u0084 Veterans Office \u0084 \u0084 Work Study Office 20 getting started enrollment B132, (425) 564-2243 The Assessment Office offers placement assessments for English, English as a second language, and mathematics. The office also provides General Education Development (GED) testing for high-school equivalency, and other testing such as Chemistry Place- ment and testing for Essential Academic Skills (TEAS) proctoring. The mandatory assessment process identifies your skill level and appropriate place- ment in English and math courses. Call or check the Assessment Office website for more information about hours, fees, etc. If you completed college-level math or English at another college you might not need to take an assessment test. Submit your transcripts (and course descrip- tions, if the other institution is out of state) to the Evaluations Office for review. Visit for more information 1st floor, Student Affairs Building, (425) 564-2222 Your transcript is a record of the classes taken and grades earned at BC. You can view an unofficial copy of your transcript at no cost online, or from the computer kiosks in the Student Affairs Building and the Student Union. The college will release official, authorized copies upon your written request only (if you make the request online, you will provide an electronic signature). Official transcripts cost $6.35 each. For instructions on ordering transcripts, call (425) 564-2222 or go to the website. Complete the online request at transcript/, or fill out a transcript request form at the Student Service Center, or mail a written request that includes your name, your student number, your signature, and the name and mailing address of the institution or agency to receive the transcript. If there is a hold on your registration activity because of outstanding tuition, fees, or fines, you will not be able to request or pick up an official transcript (B123 \u2013 B127) Room # Phone # Admissions & Registration................................................ B125.................(425) 564-2222 Store (Bookstore)......................................................... B127.................(425) 564-2285 Cashier\u2019s Office.................................................................. B126.................(425) 564-2309 Evaluations/Graduation.................................................... B125.................(425) 564-3106 Financial Aid..................................................................... B123.................(425) 564-2227 Veterans Office.................................................................. B123.................(425) 564-2220 (B203 \u2013 B234) Room # Phone # Academic Advising............................................................ B232.................(425) 564-2212 Center for Career Connections & the Women\u2019s Center........ B231.................(425) 564-2279 Career Education Options (CEO)......................................... B233.................(425) 564-4035 Counseling Center............................................................. B234.................(425) 564-2212 High School Programs....................................................... B233.................(425) 564-2026 Multcultural Services (MCS).............................................. B233.................(425) 564-2208 Running Start.................................................................... B233.................(425) 564-2026 TRiO Student Support Services.......................................... B233.................(425) 564-5745 Summer Enrichment......................................................... B233.................(425) 564-2026 Student Affairs, Vice President.......................................... B231.................(425) 564-2205 Room # Phone # Disability Resource Center................................................. B132.................(425) 564-2498 Testing Services................................................................. B142.................(425) 564-2243 Workforce Education......................................................... B131.................(425) 564-4054 21 getting started enrollment How do you get to campus? How do you get to campus? Visit or email [email protected] for appointment If you have earned college credits at another regionally accredited school prior to attending BC, you can submit a request to the Evaluations Office to have those credits reviewed for your degree at BC. To request an official transfer credit evaluation, you must be currently enrolled in credit classes or have completed credits in the past at BC, and be pursuing one of the academic transfer degrees. If you are taking classes for a professional/technical program, bring your transcript to the appropriate program chair who will determine possible transfer credit for your degree or certificate. For more information about transfer credit evaluation, visit the website RideMatch / Carpool: Register with your Bellevue College e-mail to find students from your neighborhood and form a carpool. For carpools of three or more, reserved carpool parking permits are available by application to Public Safety (K100). Bicycling: Bellevue College, right off the I-90 bike trail, has covered parking for bikes and free access to showers and lockers in the gym, and a bike repair station next to the bus shelter. Bus: Bellevue College and the adjacent Eastgate Park & Ride are served from all direc- tions. Students can double their bus money by purchasing a subsidized TransitChek for the card. Visit the Bellevue College \u201cGetting Here\u201d page for more information. Enterprise Carshare: Join WeCar to rent a car for an hourly rate directly from campus. Gas and liability is provided at no charge If a class is full when you register, your name can be added to the Waitlist which offers students a fair and consistent method of being enrolled in a full class if openings occur. You will then be automatically registered for the class if a space becomes available. Check your schedule several times daily to find out if you have been registered for the class, and to be informed of related tuition and fees. If you decide you no longer want to be on the Waitlist, return to Web registration and have your name removed. If you have not been registered via the Waitlist process by the first day of classes, go to the class on the first day for further instructions. You may sign up for the Waitlist for one class per quarter. The deadline for signing up is the last day prior to the beginning of the quarter. 22 getting started enrollment 23 (ATMS) There are three ATMs on campus located in the: \u0084 \u0084 Student Affairs Building \u0084 \u0084 Student Union in the corridor near the Cafeteria entrance Building main lobby near the elevator Vice President of Equity and Pluralism, (425) 564-2300, A201E Vice President of Student Affairs, (425) 564-2206, B231 The Bias Incident Response and Support Team (BIRST) coordinates the College\u2019s response to campus bias incidents or hate crimes, and acts as advocates for persons affected by such incidents. Bias incidents and hate crimes violate college policy. If someone is a victim or knows of a bias incident or hate crime, he/she should report it to the Vice President for Equity and Pluralism or the Vice President of Student Affairs (BOOKSTORE) 1st floor, Student Affairs Building, (425) 564-2285 bcc.collegestoreonline.com/ Main Bookstore The Store, located on the first floor of the Student Affairs Building, sells the textbooks required for courses. Used books are often available at a reduced price and some titles are available for rental. You can also order textbooks online during registration. The refund policy is posted in the store, on the receipt and on the website. Receipts are required for refunds. The store also carries school supplies, art supplies, greeting cards, snacks, news- papers, postage stamps, apparel, and sundries. Technology devices are available for rent each quarter, including ultrabooks, netbooks, tablets, drawing tablets and graphing calculators. Textbook buy-back takes place during final exam week at the end of each quarter and sponsors a wholesale buy-back during the first week of each quarter. Main Bookstore hours for the first three weeks of each quarter: Monday \u2013 Thursday. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7:30 am \u2013 7:00 pm Friday. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7:30 am \u2013 5:00 pm Main Bookstore hours for the remaining weeks: Monday & Thursday. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:00 am \u2013 5:00 pm Tuesday & Wednesday. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:00 am \u2013 6:00 pm Friday. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:00 am \u2013 4:00 pm Check a summer course schedule for summer hours. Bookstore Annex: North Campus The North Campus Bookstore carries textbooks for North Campus classes along with school supplies, sundries, apparel, and academically-priced software. North Campus Bookstore hours: Monday \u2013 Thursday. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7:30 am \u2013 7:30 pm Friday. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7:30 am \u2013 4:00 pm There are more than 70 bulletin boards around campus for posting notices. See Poli- cies/Posting on page 69 and Campus Postings on page 35 for more information See Center \uf0e8 p. 35 24 campus resouces Cashiering, Student Affairs Building, (425) 564-2309 Taking the bus to campus is a great option, especially with the Commuter Check for ORCA. Buses stop at the Building near the middle of campus, at the south entrance, and at the Eastgate Park and Ride just down the hill from the south entrance 1st floor, Student Union Building, (425) 564-2291 The Cafeteria features several hot entr\u00e9e selections every day, along with soups, pasta bar, Pho and omelette bar, hot and cold beverages, and snacks. You can select from the grill or the made-to-order sandwich station, or build your own salad. The breakfast menu is available until 10:00 am. Daily menus can be viewed at the MyBC website. Fall, Winter, Spring Quarter hours (when classess are in session): Monday \u2013 Thursday. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7:00 am \u2013 6:00 pm During finals week. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7:00 am \u2013 5:00 pm Bldg location during finals week. . . . . . . . . . . . . . . . . . . . . . . 7:00 am \u2013 3:00 pm Friday. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7:00 am \u2013 3:00 pm During finals week. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7:00 am \u2013 2:45 pm Summer Quarter hours: Monday \u2013 Thursday . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7:00 am \u2013 2:45 pm B231, Student Affairs Building, (425) 564-2279 depts.bellevuecollege.edu/careers/ The Center for Career Connections and the Women\u2019s Center offer a variety of services to increase your success in attaining your educational and career goals. All services are available to both men and women. We offer assistance with career planning in both traditional and non-traditional careers, job search skills, academic internships, work- study opportunities, scholarship search, resource referrals, and job and internship postings via the Web. To help you explore different career choices or plan your career, we provide credit and non-credit classes and workshops, where emphasis is placed on developing lifelong skills; networking with other students and business leaders; and facilitated in-depth reflection of your career and life goals. Career Specialists can help direct you to a class appropriate for you or can offer individualized career planning. Our computer resource area is available to you to explore jobs, internships, careers and the labor market. Our r\u00e9sum\u00e9 writing and interviewing skills classes are individualized and interactive, involving employers to tell you what they want to see in a candidate. Career consul- tants offer individualized r\u00e9sum\u00e9 and cover letter critique. Our internship coordinator can help you search for an internship that will also earn credit through our Academic Internship Program. Looking for jobs and/or internships? Visit our CONNECT! website to view jobs and internships postings for students/alumni: depts.bellevuecollege.edu/careers/connect-career-management-system The computer kiosks in the Student Affairs Building give you a convenient way to register for classes, submit college forms, view an unofficial copy of your transcript, and check your class schedule, grades, financial aid status, & registration access time, etc. 25 campus resouces Copies cost 10\u00a2 each. Self-serve, coin-operated photocopy machines are located in the Library, Student Affairs Building (main lobby, 1st floor), Student Union (outside the Student Business Center in C105), and Building lobby B234, Student Affairs Building, (425) 564-2212 The Counseling Center supports student success by providing educational and career planning, academic counseling, and free short-term confidential personal counsel- ing to any registered student. The Center offers credit classes under the Human Development curriculum to help students identify goals and learn effective decision- making skills for college and life success. Classes include Career Exploration, Learning Strategies for Student Success, Stress Management, Assertive Communication, and Diversity in the Workplace B132, (425) 564-2498 or (425) 564-4110 or (425) 440-2025 V.P. Disability Resource Center (DRC) provides academic adjustments and auxiliary aids or core services equal access to classroom material for eligible students with disabilities. To begin the process, students are required to submit qualifying documentation for their disability. During an intake meeting, appropriate accommodations are deter- mined using disability laws and college procedure as guidelines. The program provides opportunities for students to build skills in self-advocacy, knowledge of institutional systems and knowledge of internal and community resources. The testing rooms in B132 provide a combination of uniquely equipped computers for students with approved accommodations. There is also assistive technology for computers available in the Open Computer Lab (N250) for DRC-enrolled students (ELC) Building Q, (425) 564-2240 BC\u2019s Early Learning Center is available for the children of students, staff, and community members on a space available basis. It provides quality, affordable care for children 6 weeks to 6 years old. Preregistration is required. There is no drop-in service. Low-income families may apply for enrollment in the Head Start enhance- ment program for children 3 to 5 years old. The Center is located in Building at the northeast corner of Main Campus hours: Monday \u2013 Friday. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6:15 am \u2013 6:30 pm 26 campus resouces All of\ufb01 cial college communication will only be sent to your e-mail. Don\u2019t miss important messages, notices, & announcements from the college. Create your student e-mail account today! It\u2019s free and easy to do! To create your account, go to: Computing Services, N250 The college sends all official administrative and instructional communications to credit students student e-mail accounts. Such communications may include, but are not limited to, campus security alerts, campus closures, Information Technology (IT) security alerts, financial aid notifications, enrollment and registration transactions or instructor messages. After acceptance or re-application to the college, students are automatically required to create their official Student e-mail account when they create a NetID network account that is used to log in to multiple technological services and resources at Bellevue College including (but not limited to) the Official Student e-mail account, MyBC, the college Web portal, computers in classrooms and labs, and the college wireless network See Center \uf0e8 p. 35 See Getting Started > Financial Aid \uf0e8 p. 16 G104, Gymnasium, (425) 564-2380 The Fitness Center offers you the opportunity to raise your physical fitness level in strength, endurance, flexibility, aerobic capacity, and body composition, while earning college credit. Fitness Center staff can help you develop an individual plan and guide you toward reaching your goals variety of equipment is available, including hand weights, weight machines, treamlls, and stair-steppers. The Fitness Center is open: Monday \u2013 Thursday. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6:30 am \u2013 8:30 pm Friday. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6:30 am \u2013 6:30 pm Saturday. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10:00 am \u2013 1:00 pm B142, Student Affairs Building, (425) 564-2243 or 564-5609 Testing Services offers the General Educational Development test (GED) high school equivalency test for a nonrefundable fee. Contact Developmental Education (Room R130) for information on free test preparation classes High School Programs includes the following departments: \u0084 \u0084 Career Education Options \u0084 \u0084 College in the High School \u0084 \u0084 Running Start \u0084 \u0084 Summer Enrichment \u0084 \u0084 Tech Prep College Connections See Getting Started > High School Programs \uf0e8 p. 17-18 27 campus resouces House 6, (425) 564-3185 International Student Programs (ISP) has more than 1,600 students from more than 65 countries provides primary support for students on non-immigrant visas who plan to enroll in college-credit classes, BC\u2019s Intensive English/University Prepara- tion program, the International Business Professions program, special short-term programs, and/or noncredit English-as-a-Second-Language classes. If you are an international student can help you achieve your educational goals at also fosters cross-cultural experiences on campus for domestic and interna- tional students services include: \u0084 \u0084 International student amssions and recruitment \u0084 \u0084 Advising (academic, immigration, cultural) \u0084 \u0084 Registration \u0084 \u0084 Credit evaluations \u0084 \u0084 Health and insurance matters \u0084 \u0084 Student activities scholarships \u0084 \u0084 Facilitation of meetings for foreign visitors and potential school affiliates \u0084 \u0084 Housing referrals \u0084 \u0084 Liaison between international students, faculty, and amnistra- tors and the U.S. Department of Homeland Security See Library, Labs and More \uf0e8 p. 37 Center, Student Union, (425) 564-2297 You can purchase U.S. postage stamps in the Student Business Center (individual stamps) and in the Bookstore (in books of 20 only). See Center \uf0e8 p. 36 See Center \uf0e8 p. 36 B233, Student Affairs Building, (425) 564-2208 Multicultural Services (MCS) provides academic and support services and advocacy for students of color, low-income students, first-generation college students, students with disabilities, and veterans at BC. Our program goal is to increase student retention and enhance student satisfaction. Additionally, we are a partner in promoting cultural diversity within the college and surrounding community support services include: \u0084 \u0084 Recruitment outreach \u0084 \u0084 Academic advising and education planning \u0084 \u0084 Counseling \u0084 \u0084 Financial aid advocacy and applica- tion assistance \u0084 \u0084 Offering courses \u0084 \u0084 Admissions & registration assistance \u0084 \u0084 Tutoring and mentoring 28 campus resouces \u0084 \u0084 Advising cultural clubs/organiza- tions and activities \u0084 \u0084 Service learning and community service opportunities \u0084 \u0084 Planning and facilitating cultural events \u0084 \u0084 Student leadership development and skill building \u0084 \u0084 Developing curriculum and policy \u0084 \u0084 Information about scholarships, internships, and community resources which may support student retention 14673 29th Place, Bellevue 98007 (425) 564-2263 Located northeast of downtown Bellevue just off SR-520 and 148th Ave NE, BC\u2019s North Campus houses amnistrative offices and classrooms for the Continuing Education Division, OLS/Venture (Occupational Life Skills degree) and the Translation & Inter- pretation Certificate program. Also located at the North Campus are the admnistrative offices for the Health Information Technology grant program. Additional services at the North Campus include registration, cashiering, and a Book Store that offers textbooks, supplies, and academic-discount software. And a Test Center that provides computer and paper-based proctored assessment for incoming credit students, and is also an and Prometric authorized testing center offering certification testing for industry professionals. Course listings with a Building designator are held at the North Campus. See also Continuing Education \uf0e8 p. 15 D126-K, (425) 564-2131 The ombuds office helps students, faculty, and staff resolve conflict and disputes fairly and informally. The ombuds office does not replace other adminstrative processes on campus. See pages 57-74 for college policies. 29 campus resouces The Online Services for Students website is your centralized access point to BC\u2019s online resources and tools including: Online Tools \u0084 \u0084 Canvas login \u0084 \u0084 MyBC login email \u0084 \u0084 Schedule planner Popular Resources \u0084 \u0084 Enrollment Calendar \u0084 \u0084 Financial Aid Status \u0084 \u0084 Placement testing \u0084 \u0084 Parking \u0084 \u0084 Bookstore \u0084 \u0084 Graduation Applications \u0084 \u0084 Class Schedule \u0084 \u0084 View your quarterly schedule & receipt Register \u0084 \u0084 Register Now: Add/Drop Classes \u0084 \u0084 Why am blocked? \u0084 \u0084 Late registration petitions \u0084 \u0084 Schedule adjustment form \u0084 \u0084 Pay tuition and fees \u0084 \u0084 Payment Plan \u0084 \u0084 Check Registration Time \u0084 \u0084 Check Waitlist Status \u0084 \u0084 Registration FAQs \u0084 \u0084 Request Prerequisite Check \u0084 \u0084 Transfer Credits to Registrar\u2019s Forms \u0084 \u0084 Verification of Enrollment / Letter of Acceptance \u0084 \u0084 Appeals \u0084 \u0084 Repeated Coursework \u0084 \u0084 Change your Major \u0084 \u0084 Request to take over 18 credits \u0084 \u0084 Good Student Certificate Records and Grades \u0084 \u0084 View Unofficial Transcript \u0084 \u0084 Official Transcript Request \u0084 \u0084 Update Contact Information \u0084 \u0084 Student Tax Information \u0084 \u0084 Degree Audit \u0084 \u0084 Student Accounts \u0084 \u0084 What is my Student (SID)? \u0084 \u0084 What is my PIN? \u0084 \u0084 Change \u0084 \u0084 Create your email account (NetID 30 campus resouces K100, (425) 564-2400 If danger is imminent, call 911 first, and then call Public Safety. The Public Safety Department at Bellevue College provides safety services and protec- tion 24 hours a day, 7 days a week. Contact Public Safety to: \u0084 \u0084 Get help in any emergency (fire, crime, medical, hazardous material) \u0084 \u0084 Report a suspicious object or hear a bomb threat \u2013 Edu/publicsafety/information/emergency/#bomb-threats \u0084 \u0084 Get a safety escorts between locations on the bellevue college campus \u0084 \u0084 Report a crime on campus \u0084 \u0084 Report damage to a campus facility or property \u0084 \u0084 Report or resolve parking or traffic collisions, disputes, violations, etc. \u0084 \u0084 Get assistance when you\u2019ve locked your keys into your car \u0084 \u0084 Jump-start a dead battery Public Safety is also the \u201cfirst responder\u201d for serious violations of the Student Code. You can dial 564-2400 or 911 as a cost-free call from any public pay phone on campus. Dialing 564-2400 first will put you into direct contact with Public Safety staff, who are available 24/7 Public Safety works closely with Bellevue Fire and Police depart- ments and other local aid providers as necessary. Security-related information such as statistics about crime on and near campuses can be found on the Public Safety website. See also College Policies > Parking and Traffic Regulations \uf0e8 p. 68 Alert System has partnered with Rave Mobile Safety to offer emergency alert notification via text or e-mail any time the college closes unexpectedly, classes are delayed or during any emergency condition due to weather or any other circumstance that relates to your personal safety or the safety of the campus community. You are automatically subscribed to Rave Alert once you have created your e-mail address and made your first visit also provided emergency status information to which also provides an alert notification service. To sign up for this public resource go to Lost and Found The Public Safety Office keeps the central \u201cLost and Found\u201d for all facilities. If you find a lost item on campus, please take it to K100 for safekeeping or call 564-2400 to have a staff member pick it up. If you have lost something yourself, check with Public Safety to see if it has been turned in. Call 564-2400 for the hours when you can clam- lost property. Unclamd items are discarded or (if usable) donated to charity STATION: KBCS, 91.3 House 5, (425) 564-2427 kbcs.fm is an 8000-watt, listener-supported, noncom- mercial radio station licensed to Bellevue College airs folk, jazz, blues, and world music along with a variety of local regional and international news and information programng. Volunteer positions are available in broadcasting, programng, music, production, public affairs, and office support. For more Information or to request a sample program, please call at (425) 564-2427. 31 campus resouces Open Computer Lab, N250, (425) 564-5555 The Student Technology Support Center is your help desk for questions about setting up your e-mail account, connecting to BC\u2019s wireless network, and accessing Canvas. You can drop by N250, contact the by phone at (425) 564-5555, and by e-mail at [email protected]. Protecting your privacy \u0084 \u0084 Keep your information private! Be careful when and where you write down your password, SID, PIN, and other personal data. \u0084 \u0084 No one, including staff, needs to know your password for any reason. \u0084 \u0084 Be aware of people standing behind you or next to you when you are typing personal informa- tion on the computer screen. \u0084 \u0084 Always end your session by closing the browser after you\u2019ve finished D152, (425) 564-2438 Explore educational programs, concerts, historical lectures and much more on the College Channel, BC\u2019s college campus television station. You\u2019ll find a link to a daily programng guide, as well as station news and announcements on the website. You will need access to The College Channel on Comcast Cable Channel 28. The College Channel is available within Seattle city limits, nor is it carried on private cable companies which some students have for their apartment complexes. If you have questions about the availability of our cable channel in your area, call us at (425) 564-2438 B234, Student Affairs Building, (425) 564-5745 TRiO Student Support Services provides academic, financial, and personal support to low-income, first-generation college students, or to those who have a documented disability. TRiO services include study skills development, tutoring, academic planning, personal advising, transfer advising, financial aid advising and assistance, a quiet study center and computer lab, a laptop lending program, and cultural and social activities B125M, Student Affairs Building, (425) 564-2220 fa.bellevuecollege.edu/veterans The Veterans\u2019 Office in Financial Aid coordinates all U.S. Veterans\u2019 Administration educational benefits for BC\u2019s veteran students. Check with this office to apply for benefits. If you are called up for active service, the Veterans\u2019 Affairs Office can help you withdraw from your classes at any time during the academic quarter. Please bring a copy of your orders. 32 campus resouces Opportunity Grant B131, (425) 564-4045 Offers tuition and book assistance to qualified limited-income adults to learn marketable skills and gain employment for students seeking professional/technical certificates or degrees. To be eligible for the Opportunity Grant, a student must: \u0084 \u0084 Be a Washington State resident \u0084 \u0084 Be a low income adult \u0084 \u0084 Have little or nor previous college credits \u0084 \u0084 Pursue approved professional or technical programs Worker Retraining Program N211, (425) 564-4054 Worker Retraining offers tuition assistance, priority registration, and educational planning for qualifying students who are currently receiving unemployment or have exhausted unemployment benefits in the past 24 months, for displaced homemakers, and for individuals previously self-employed in a declining industry. For eligibility, enroll- ment, and program information, attend one of the free weekly orientation meetings. WorkFirst Program B131, (425) 564-2714 (Computer Fundamentals and Tuition Assistance) B131, (425) 564-5474 Workplace Intensive) WorkFirst provides free tuition and book assistance to qualifying recipients for approved professional/technical programs. The goal of WorkFirst is to help students gain the skills and/or earn credential necessary for higher wages, better jobs, and further advancement G128, (425) 564-2391 The Wellness Center is a campus wide wellness program focused on providing students, faculty and staff with activities and information promoting physical, psycho- social and environmental health number of free adventure trips are scheduled each year designed to promote health and social interaction within our diverse student body. Students can get more information, or enroll in sponsored activities, by contact- ing the Health and Physical Education office at 564-2391. The Wellness Center provides: \u0084 \u0084 Friday hiking series \u0084 \u0084 Intro to backpacking the Cascades \u0084 \u0084 Intro to fly fishing clinic \u0084 \u0084 Intro to Nordic skiing \u0084 \u0084 Intro to sea kayaking on Lake Union \u0084 \u0084 Open gym sports \u0084 \u0084 Orienteering workshops \u0084 \u0084 Outdoor rental equipment \u0084 \u0084 San Juan Island bike touring \u0084 \u0084 Snow shoeing the Cascades \u0084 \u0084 Rock Climbing Workshop See Center for Career Connections & The Women\u2019s Center \uf0e8 p. 25 Room B131, (425) 564-4054 Basic Food Employment & Training (BFET) B131, (425) 564-2174 Provides free tuition and books for those who qualify student must be receiving Federal Basic Food Benefits (Food Stamps). Low income students will receive assistance in applying for Basic Food Benefits. 33 campus resouces One of the most unique buildings on campus is the Jean Sarto Floten Student Union Building. It\u2019s wall of glass allows natural light into the space and comfortable chairs provide a relaxing place to hang out wide variety of services are available in the Student Union including: Cafeteria The cafeteria offers a large salad bar, custom-made sandwiches, pasta bar, daily entrees and a full-service grill. The cafeteria is popular spot for eating lunch, studying or just hanging out with friends and a frequent place for events. Coffee Shop / Espresso Bar full espresso bar which also serves fruit smoothies, pastries, small sandwiches, a daily featured soup, fruit, chips and other snack items 34 campus resouces Center Services include: \u0084 \u0084 Discount Movie Tickets \u0084 \u0084 Campus Resources \u0084 \u0084 Faxing Services (Local, Long Distance, International) \u0084 \u0084 Postage Stamps \u0084 \u0084 Student Handbook \u0084 \u0084 Student Id Cards Onecard) \u0084 \u0084 Campus Event Tickets \u0084 \u0084 Parking Passes \u0084 \u0084 Scantrons \u0084 \u0084 Select Art Kits \u0084 \u0084 Metro Bus Schedules Information \u0084 \u0084 Campus Postings Procedures BC\u2019s OneCard student ID) The OneCard is a student card that can also be registered and used as a prepaid Debit Master- Card\u00ae, providing Bellevue College students with the convenience of carrying just one card for a variety of uses on campus. Campus Posting Come to the Student Business Center or the Student Programs Office (C212) to get approval of items to be posted or pick up copies of the rules about the college\u2019s posting process and procedures. Class Schedules Pick up a copy of the quarterly credit class schedule or Continuing Education schedule, usually available on campus at least two weeks before the start of a quarter, in several Student Union locations and various locations throughout campus. See what courses will be offered, the academic calendar, tuition, fees and deadline information. Copying and Printing self-serve, coin-operated copier is available in the hallway near C105. Printing from the six general-use computers in C105 costs 5\u00a2/page (first five pages free). Student Lounge spacious, relaxing area with overstuffed armchairs and coffee tables, overlooking the south courtyard. Other services available in the Student Union include Office (C212) \u0084 \u0084 Automated Teller Machine \u0084 \u0084 Bus Information Kiosk \u0084 \u0084 Campus Activities Board (C212) \u0084 \u0084 Change Machine \u0084 \u0084 Copy Machine \u0084 \u0084 The Watchdog Office (C206) \u0084 \u0084 Mailbox (outgoing U.S. Mail) \u0084 \u0084 Microwave Ovens Center (C106) \u0084 \u0084 Phi Theta Kappa Office (C212) \u0084 \u0084 Student Club Information (C212) \u0084 \u0084 Student Handbook (C212) \u0084 \u0084 Student Information & Web Access (C105) \u0084 \u0084 Student Meeting Rooms \u0084 \u0084 Student Programs \u0084 \u0084 Vending Machines C106, Student Union, (425) 564-2297 The (Peer Assisted Leadership through Service) Center is a student-run campus center that provides services and information for the Bellevue College community focusing on student success, leadership, community building, and campus life and culture. Through our services we hope to create a place of community building and connection within the Student Union while providing an one-stop location for students and community members to connect to campus resources, find support, get their OneCard, and other services such as an open computer lab, lockers, netbooks, etc. The Center hosts the Center staff, Peer to Peer Volunteering and Mentoring Program\u2019s staff, the campus honor society Phi Theta Kappa\u2019s volunteers and officers, and the Office of Sustainability\u2019s Transportation Representative. Fall, Winter, and Spring Quarters: Monday \u2013 Thursday. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7:30 am \u2013 7:00 pm Friday. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7:30 am \u2013 5:00 pm 35 campus resouces Fax Service Receive local and international faxes and send faxes to domestic locations for $1.00 per page. (International service is not available.) The fax number is (425) 564-2443. Mailing Services U.S. Postal Service picks up outgoing mail once a day (around 2 p.m.) on instructional days. Postage stamps are available for sale in the Center (C105). Movie Tickets Purchase discounted movie tickets good at local Regal and Loews theaters. These are tickets, not coupons or passes. Some restrictions apply; see the Center for more info. Remote Access to Student Information and Scholarship Search Use one of the six Student Business Center computers for remote access to student information, registration, unofficial transcripts and for national scholarship informa- tion and other financial assistance. (Limited printing from the computers available). Student Handbook The Student Handbook, produced annually by the Student Programs Office, gives information on campus services, programs, departments, college policies, student code, etc. Handbooks are free and are available in several locations, including the Center (C105), the Student Programs Office (C212), the Student Affairs Center, MCS, Open Lab (V250), Entry and Academic Services, President\u2019s Office, the Student Union kiosks, and an online version is available at Voter Registration Pick up mail-in voter registration forms at no charge. 36 campus resouces 37 D204, (425) 564-2200 Academic Tutoring \u0084 \u0084 Drop-in tutoring: Drop-in tutoring is an option for students enrolled in classes at to seek assistance regardless of your current grade! Qualified tutors are available to help you with questions. Our services are more than just tutoring \u2013 we try to provide a rich, interactive learning experience for you. \u0084 \u0084 e-Tutoring: We offer online tutoring with accounting, anatomy & physiology, biology, chemistry, economics, math (developmental thru calculus), medical coding, Microsoft office, physics, Spanish, statistics, web development and writ- ing. Students have the option of either a synchronous or asynchronous session. e-Tutoring is available for all students regardless of your grades in your classes. \u0084 \u0084 Individual tutoring: If you are earning a or below in your class have the permission of your instructor, you may be eligible for up to 2 hours of individual tutoring per week. The Math Lab The Math Lab provides drop-in group tutoring for students enrolled in credit classes. If you have questions, please call (425) 564-2492 or visit www. bellevuecollege.edu/asc/math/. The Reading Lab The Reading Lab provides assistance for students enrolled in reading lab classes to sharpen their reading skills, including vocabulary, speed, and comprehension. If you have questions, call (425) 564-2494 or visit The Writing Lab The Writing Lab provides one-on-one tutoring for help with essays, resume writing, personal statements or more. Each session is 35 minutes. Scheduled appointments and drop-in options are available. For additional information, please call our front desk at (425) 564-2200 or visit Arts & Humanities Division, R230, (425) 564-2341 BC\u2019s English Language Institute provides intensive, credit and noncredit English language training for international students interested in studying at U.S. colleges and universities. The college also offers English language classes for international residents living or working in the Eastside community D126, (425) 564-2252 The Library Media Center (LMC) located in Building is your gateway to knowledge and lifelong learning. The offers excellent resource materials in print and electronic format staff will assist you in finding print, online, and audiovisual 38 library, labs and more materials for use in your coursework. Librarians are always available during all open library hours to help you with your research. They also teach library instruction sessions for classes in a computer-equipped classroom. Thirty computer workstations give access to the World Wide Web. Three additional computer workstations provide adaptive technology for students with special needs. The library home page (www. bellevuecollege.edu/lmc) has links to and local library catalogs, full-text online magazine, book, and image databases. If you are a currently enrolled student, you may access these materials from home using your student number. Students have access to a wireless network using their personal laptops. The Media Center has laptop computers that students may borrow for use on campus. They can view movies and listen to music in individual media carrels or in the group viewing rooms. Other services include color photocopying, lamination, and media duplication. Study rooms are available for individual study or group discussions. Fall, Winter, and Spring Quarter Hours: Monday \u2013 Thursday. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7:00 am \u2013 8:00 pm Friday. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7:00 am \u2013 5:00 pm Saturday. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Closed Sunday. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1:00 pm \u2013 5:00 pm Summer Quarter Hours: Monday - Thursday. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:30 am \u2013 6:00 pm T315 The Nursing Skills Lab is a learning lab just for nursing students. The fully equipped electronic classroom and computer lab provides an interactive and media rich setting for skills lectures. The classroom space includes 6 computer workstations loaded with nursing educational software N250 depts.bellevuecollege.edu/helpdesk/students/n250-open-lab/ The Open Lab has approximately 200 PCs and eight Macintosh computers available, some of them equipped with adaptive technology for students with disabilities. During any given quarter, there are over 100 different software programs available in this room. All computers have at least Office, Internet Explorer and Firefox installed. Licensed copies of all the specialized software used in Computing Services labs across campus are also installed. This lab is available to all credit students. Fall-Spring Hours Monday \u2013 Thursday. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7:00 am \u2013 9:30 pm Friday. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7:00 am \u2013 7:00 pm Saturday \u2013 Sunday. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 am \u2013 6:00 pm Summer Hours Monday \u2013 Thursday. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:00 am \u2013 8:00 pm Friday \u2013 Saturday. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Closed Sunday. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 am \u2013 6:00 pm Please see the website calendar for exceptions. Extended hours are provided during the last two weeks of each quarter. 39 library, labs and more depts.bellevuecollege.edu/helpdesk/students/computerlabs/ With over 30 different labs across multiple campuses, we offer general and specialized facilities that support our diverse college curriculum. Other labs and computer class- rooms are listed below. Computer Classrooms may be reserved by instructors. \u0084 \u0084 Adult Basic Skills Lab \u0084 \u0084 Advanced Media Lab \u0084 \u0084 Advanced Video Production Labs Computer Classroom \u0084 \u0084 Center for Career Connections \u0084 \u0084 Cisco Lab \u0084 \u0084 Developmental Math Lab \u0084 \u0084 Digital Media Lab \u0084 \u0084 Digital Music Lab \u0084 \u0084 Digital Music Studio \u0084 \u0084 Disability Resource Center (DRC) Labs \u0084 \u0084 Foreign Language Lab Computer Classroom Lab \u0084 \u0084 Mediated Math Lab Center \u0084 \u0084 Registration Lobby \u0084 \u0084 WorkFirst Worker Retraining Lab Adult Basic Skills Lab \u2013 R108 depts.bellevuecollege.edu/helpdesk/students/r108-2/ Technology in the Basic Skills Lab is devoted to helping and International Programs students develop the English language skills necessary for college success. The lab is used as a classroom by the program instructors and has some open time for qualified students. Contact the Developmental Education staff (425) 564-2347 for lab hours and qualifications to use the room. Advanced Media Lab \u2013 N209 depts.bellevuecollege.edu/helpdesk/students/n209-2/ N209 is a classroom dedicated to supporting the Digital Media Arts classes on campus. Software installed in this room includes highly specialized media program and graph- ics software. The primary focus is on the application of digital tools to create videos, games, 3D animations, screen designs and digital graphics. Advanced Video Production \u2013 D152 depts.bellevuecollege.edu/helpdesk/students/d152/ The specialized Advanced Video Production lab is equipped with professional quality equipment and software for video production. For more information, students who either have some professional video or film experience in video production Labs \u2013 L116, L121 depts.bellevuecollege.edu/helpdesk/students/l121-2/ Open to Engineering or Interior Design students who have paid a lab fee. The Labs have Computer Aided Design software installed on PCs. Large format printing is available Computer Classroom \u2013 B105 depts.bellevuecollege.edu/helpdesk/students/b105/ The Computer Classroom supports the Career Education Options program at Bellevue College. This program assists young students without a high school diploma to receive education and job skills. 40 library, labs and more Center for Career Connections \u2013 B231 depts.bellevuecollege.edu/helpdesk/students/b231-2/ The Career Center provides employment services, training programs and employer services to all career and job seekers. Services provided include help with job listings and searches, with resumes, interviewing, company research, workshops, worker retraining, apprenticeships, job recruiting and internships. Users do not have to be registered for classes to use the services provided. Cisco Lab \u2013 N251 depts.bellevuecollege.edu/helpdesk/students/n251/ This lab supports Cisco and internet techonology classes on campus. Access to N251 is via key code only when class is not in session. Developmental Math Lab \u2013 D204 depts.bellevuecollege.edu/helpdesk/students/d204/ The Developmental Math Lab provides free tutorial assistance for Bellevue College math students on a drop-in basis and computer-based tutorials which supplement classroom activities. Check with the lab for specific hours of operation. Digital Media Lab \u2013 N202 depts.bellevuecollege.edu/helpdesk/students/n202-2/ N202 is a classroom dedicated to supporting the Digital Media Arts classes on campus. Software installed in this room includes highly specialized media program and graph- ics software. The primary focus is on the application of digital tools to create videos, games, 3D animations, screen designs and digital graphics. Digital Music Lab \u2013 A154 depts.bellevuecollege.edu/helpdesk/students/a154-2/ This lab contains the latest technology linking computers and musical keyboard input devices. Activities in this lab are coordinated through the Arts and Humanities Division. Digital Music Studio \u2013 E127 depts.bellevuecollege.edu/helpdesk/students/computerlabs/e127/ This lab contains the latest technology linking computers and musical keyboard input devices. Activities in this lab are coordinated through the Arts and Humanities Division Disability Resource Center (DRC) Labs \u2013 D132 See Disability Resource Center \uf0e8 p. 26 Foreign Language Lab \u2013 A244 depts.bellevuecollege.edu/helpdesk/students/a244-foreign-language-lab/ This lab is used for the instruction of foreign languages with the help of special software. Each computer has headphones and a microphone in order to record and hear foreign languages. 41 library, labs and more Computer Classrooms \u2013 A132, A133, A134 depts.bellevuecollege.edu/helpdesk/students/a132-ibit-computer- classroom/ These rooms are used by the BTS, Accounting and Business programs. They have the standard campus student software installation (Windows 7 operating system with the latest Office Suite and Internet access), and are configured with specialized software Lab \u2013 N252 depts.bellevuecollege.edu/helpdesk/students/n252-it-lab/ This is a classroom dedicated to supporting the Programming classes on campus. These computers have software to support specific programming languages such as C++ and Java. It also provides access to Client/Server technology software such as SQL. Access to N252 is provided by the N250 Open Lab as class scheduling allows. Mediated Math Lab \u2013 C166 depts.bellevuecollege.edu/helpdesk/students/c166-2/ The specialized Mediated Math Lab utilizes a Computer-Based Teaching approach to provide hands-on access for a large number of self-paced and traditional math classes. Activities in this lab are coordinated through Math Department Center \u2013 C106 See Center \uf0e8 p. 35 Registration Lobby \u2013 B125 depts.bellevuecollege.edu/helpdesk/students/b125-2/ These computers are available for students who need quick access to Bellevue College\u2019s online services for tasks such as registering and paying for classes. WorkFirst/Worker Retraining Lab \u2013 B250, B255 depts.bellevuecollege.edu/helpdesk/students/b250-2/ These labs are used in support of the WorkFirst program, a program offering low- income working parents assistance with books, tuition and fees B139, B144 Each room is equipped with appropriate laboratory equipment, computers for data collection and analysis, and multi-media support equipment for lectures. The Apple Lab supports many of the science division\u2019s courses with up-to-date Macintosh computers running a variety of teaching software. The physics program has provided a wide selection of software focused on many of the central topics in our courses. Other applications are available to help you with laboratory reports and data analysis. Instructors frequently assign out of class problems and projects that utilize this facility S114 The Science Study Center offers students an opportunity to work with computers, microscopes, videos and other hands-on materials under the guidance of science faculty members and student tutors. The 14 Macintosh computers in this lab are set up to provide multiple software applications supporting instruction across the science curriculum. Check the website for the current schedule of instructors and topics. 42 library, labs and more 43 43 Student Programs Staff Faisal Jaswal, Assistant Dean of Student Programs Nora Lance, Associate Director of Student Programs Hristo Stoynov, Program Manager Brandon Lueken, Program Coordinator Jenny Morgan, Program Coordinator Zak Yousuf, Project Coordinator (not pictured) Tess Ames, Program Specialist (not pictured) Stephanie Rowe, Program Assistant Lyneen Patnoe, Program Manager, Theatre Arts Patrick Green, Director, Office of Sustainability Amber Nelson, Program Manager, Office of Sustainability Lisa Salkind, Advertising Manager, The Watchdog 44 student life programs & clubs C212, Student Union, (425) 564-6150 Student Programs Mission Statement By enriching student life through leadership opportunities, personal learning, and cultural experiences, Student Programs is commit- ted to building a pluralistic and diverse campus community that fosters creativity, innovation, and student success. We empower our students to contribute to our community as better world citizens. The Student Programs Office coordinates the following activities: \u0084 \u0084 Alumni outreach \u0084 \u0084 Associated Student Government \u0084 \u0084 Campus Activities Board \u0084 \u0084 New Student Orientation \u0084 \u0084 Peer-to-Peer Mentoring and Volunteer Program \u0084 \u0084 Phi Theta Kappa (student honor society) \u0084 \u0084 Student Business Center \u0084 \u0084 Student Handbook \u0084 \u0084 Student Leadership Institute \u0084 \u0084 Volunteer program Come to Student Programs (C212) or to the Center (C105) to: \u0084 \u0084 Get approval to post information on campus bulletin boards \u0084 \u0084 Reserve a room for a student club, organization, or study group meeting \u0084 \u0084 Offer suggestions for improving any student services at \u0084 \u0084 Plan an event on campus \u0084 \u0084 Talk with a peer mentor Associated Student Government of Bellevue College C212, Student Union, (425) 564-6150 All registered students automatically become members of the Associated Students of Bellevue College student-elected Board of Directors represents the student body through campus-wide involvement and policy-making. Associated Student Government (ASG) officers are elected in general elections held Spring Quarter. For the exact date of elections, officers\u2019 job descriptions, to apply for a student government position, or to learn more about student governance, activities, or clubs on campus, stop by the Student Programs office, C212, Student Union. As a member of the college community, you are encouraged to participate in college governance and are free, individually and collectively, to express your views on college policy and on matters of general interest to the holds weekly public board meetings that are open to all students. To find out meeting times, come to C212. For contact information, see Directory \uf0e8 p. 46 45 student life programs & clubs Directory Phone # E-mail Address (ASG) Board of Directors [email protected] President (425) 564-2295 [email protected] Vice President of Equity and Pluralism (425) 564-2332 [email protected] Vice President of Finance and Communications (425) 564-2269 [email protected] Vice President of Legislative Affairs (425) 564-6048 [email protected] Campus Life and Events Representative (425) 564-2490 [email protected] Emerging Technology & Entrepreneurial Representative (425) 564-2337 [email protected] Environmental & Social Responsibility Representative (425) 564-5089 [email protected] Marketing and Public Relations Representative (425) 564-2141 [email protected] (ASG) Judicial Board [email protected] Chief Justice (425) 564-2339 [email protected] Justice of Internal Affairs (425) 564-2143 [email protected] Justice of External Affairs (425) 564-2142 [email protected] (ASG) Legislative Committee [email protected] Policy Coordinator (425) 564-6046 [email protected] Community Relations Coordinator (425) 564-6046 [email protected] = Office of Student Legislative Affairs) 46 student life programs & clubs Campus Activities Board (CAB) C212, Student Union, (425) 564-2448 or 564-5091 The Campus Activities Board provides social, cultural, and educational activities for Bellevue College and Eastside communities. Throughout the year, the organizes a variety of activities: concerts in the Student Union, lectures, and other entertaining events. The also helps plan cultural activities provides low-cost graphic support to all student-funded programs. Student-Funded Programs at Bellevue College C212, Student Union, (425) 564-6150 asbc_sp/programs.html In addition to the activities coordinated directly by the Student Programs office staff and Student Programs support about 40 programs and services that provide social, educational, and cultural activities to foster student academic success. All credit students pay a services and activities fee (part of tuition) to support these programs. In 2011-12, Student Programs supported the following programs, services, and staff positions at BC: \u0084 \u0084 Academic Success Center \u0084 \u0084 Alumni Outreach \u0084 \u0084 American Sign Language \u0084 \u0084 Arabic Culture Student Association Student Handbook Association of Veterans Information Systems & Technology Association \u0084 \u0084 Belletrist Literary Arts Magazine \u0084 \u0084 Career Center Internship \u0084 \u0084 Center For Career Connections \u0084 \u0084 Cheer Squad \u0084 \u0084 Civil Rights Pilgrimage \u0084 \u0084 Digital Media Arts Association \u0084 \u0084 Disability Resource Center \u0084 \u0084 Drama Productions \u0084 \u0084 Eastside Dance Production (International Association of Administative Professionals) \u0084 \u0084 Intercollegiate Athletics \u0084 \u0084 Intercollegiate Rentals \u0084 \u0084 Intercollegiate Tourney Travel \u0084 \u0084 Interior Design Student Association \u0084 \u0084 Leadership Institute \u0084 \u0084 Library Gallery Space \u0084 \u0084 Math Lab Cultural Fund \u0084 \u0084 Men\u2019s and Women\u2019s Golf \u0084 \u0084 Men\u2019s Baseball \u0084 \u0084 Men\u2019s Basketball \u0084 \u0084 Men\u2019s Soccer \u0084 \u0084 Model United Nations \u0084 \u0084 Music Prod-Instrumental \u0084 \u0084 Musical Productions Choral \u0084 \u0084 Nursing Student Association \u0084 \u0084 Open House \u0084 \u0084 Outreach Services \u0084 \u0084 Peer-To-Peer Mentoring \u0084 \u0084 Performing Arts Coord. \u0084 \u0084 Radio Station \u0084 \u0084 Reading Lab / Writing Lab \u0084 \u0084 Speech & Debate Society \u0084 \u0084 Stagefright Drama Club \u0084 \u0084 Student Childcare Center \u0084 \u0084 Student Programs Homepage \u0084 \u0084 The Watchdog \u0084 \u0084 Wellness Center \u0084 \u0084 Women\u2019s Basketball \u0084 \u0084 Women\u2019s Soccer \u0084 \u0084 Women\u2019s Softball \u0084 \u0084 Women\u2019s Tennis \u0084 \u0084 Women\u2019s Volleyball 47 student life programs & clubs Student Programs Leadership Institute C212, Student Union, (425) 564-6150 The Student Programs Leadership Institute is a year-long cycle of leadership oppor- tunities available free of cost for students. The mission of the Institute is to foster and promote leadership in emerging leaders through the development of leadership competencies. The Institute teaches four pillars of leadership: Inclusive Leadership, Servant Leadership, Adaptive Leadership, and Ethical Leadership. Students are able to engage with the four pillars of leadership in many ways through- out the year. The institute has a cycle of offerings each year. Yearly offerings consist of leadership classes, monthly leadership seminars, the Camp Casey Leadership Retreat, and Mid-Year Leadership Retreat. There are also opportunities to attend different for Leadership Conferences throughout the year. Each quarter, the institute offers the following two credit leadership classes on Wednesdays from 2:30 \u2013 4:30pm: Fall \u2013 HD210: Leadership Today \u0084 \u0084 Leadership Principles/Skills/ Attributes \u0084 \u0084 Ethical Decision Making \u0084 \u0084 Conflict Resolution \u0084 \u0084 Selling an Idea to a Team \u0084 \u0084 Imagination, Creativity, and Innovation \u0084 \u0084 Global Leadership \u0084 \u0084 Team Building and Motivation \u0084 \u0084 Communication Styles Winter \u2013 HD212: Inclusive Leadership \u0084 \u0084 Culture and Context Leadership \u0084 \u0084 Leadership styles \u0084 \u0084 Communication and Working Styles \u0084 \u0084 Power, Privilege, and Leadership \u0084 \u0084 Prejudice and Discrimination Spring \u2013 HD211 Leadership Tomorrow Vision \u0084 \u0084 Dealing with Difficult People \u0084 \u0084 The Art of Listening \u0084 \u0084 Problem Solving \u0084 \u0084 Environmental Leadership \u0084 \u0084 The Art of Negotiation \u0084 \u0084 Diversity \u0084 \u0084 Servant Leadership Leadership Seminars: During the quarter include monthly leadership seminars for organizations and clubs that focus on redefining leadership skills and strengths. Topics have included commu- nication techniques for leaders, high performance teams, emotional intelligence, and event planning. In 2014, the Leadership Seminars are offered the second Tuesday of each month in C103 from 1:30 \u2013 2:20pm. Date Topic February 11, 2016 Influence and Negotiation March 11, 2016 Communication Techniques for Leaders April 15, 2016 High Performance Teams May 13, 2016 Emotional Intelligence June 3, 2016 Leadership topics in review, recap of all topics Camp Casey Leadership Retreat: The Camp Casey Leadership Retreat is the seminal event of the leadership cycle. In June, over 100 students participate in a 4-day over-night retreat at the Camp Casey Conference Center on Whidbey Island. This event both kicks off and resolves the leader- ship experiences of student leaders. The camp participants are mentored by a team of students who have attended the retreat in prior years. At the retreat, students learn fundamental leadership skills like their communication style, developing empathy, thinking ethically, and many others. Along the way, they network and bond with other leaders, teammates, and advisors. Mid-Year Leadership Retreat: The Mid-Year Leadership Retreat is designed to be a check-in following Camp Casey. Students who attended that retreat have had the opportunity to live out their leader- ship experiences. They have encountered some successes and some difficulty too. This is an opportunity to double down on their investment as leaders. The Mid-Year Leadership Retreat is a one-day on-campus retreat for around 100 students focusing on strengthening leadership skills the existing leaders have been struggling with. Previous topics have included cross-cultural communication, safe space training, and disability awareness. 48 student life programs & clubs 2016 PROGRAMS, C212 (425) 564-6150 49 student life programs & clubs C212, Student Union, (425) 564-6151 programs59.html BC\u2019s Academic Service Learning is a program that promotes deeper learning for students by placing you in community organizations where you gain hands-on, real- world experience in key classroom concepts, and then reflect on what you\u2019ve learned. Faculty, in turn, guide and assess your reflections much as they would for any other course assignment or project. At BC, the Academic Service Learning staff facilitates and coordinates these efforts across all disciplines and works directly with the three groups needed to make service learning happen: community partners, faculty and students. We encourage you to contact the Academic Service Learning office to find out more about this practical and exciting learning tool C212, Student Union, (425) 564-6150 The Offices of Student Programs and Institutional Advancement collaborate to contact Bellevue College alumni with information about continuing support services available to them C212, Student Union, (425) 564-3192 Phi Theta Kappa, the national community/junior college honor society, recognizes student academic excellence and leadership potential and gives members the opportunity for involvement in leadership, travel, and campus and community service activities. You must have a 3.5 grade-point average in your college level courses to be eligible for Phi Theta Kappa membership. The chapter, Alpha Epsilon Rho, was founded in 1979; it is rated as one of the leading regional and national chapters. Contact faculty advisor Katherine Oleson, (425) 564-3050, for more information L114, (425) 564-3155 clubs.bellevuecollege.edu/IDSA/ The Interior Design Student Association gives interior design students opportunities to interact with the professional design community and expand their educational experience beyond the classroom curriculum. Weekly meetings and scheduled sessions featuring guest speakers from the design community are open to all students. Students may also become student members of professional interior design organizations and participate in community service projects and the annual spring Showcase, an exhibit of work by interior design students. The general public and design professionals are invited to attend the opening night gala at which scholarships and awards are presented to outstanding students. Participating in student activities gives students an increased knowledge and awareness of the profession and often develops valuable contacts with working professionals. Contact faculty advisor Michael Mappala, (425) 564-2341, for more information D110, (425) 564-2338 grams46.html Model United Nations is a program that simulates activities of the United Nations and other international organizations. When you participate, you develop a better under- standing of international relations, the politics of other nations, and how the United Nations conducts its work. Those wishing to participate in Model United Nations must enroll in Political Science 121 (Fall Quarter, 2 credits), Political Science 122 (Winter 50 student life programs & clubs Quarter, 3 credits), and Political Science 123 (Spring Quarter, 5 credits). Contact Tim Jones at (425) 564-2010 The Bellevue College Speech and Debate team has consistently ranked among the top schools. It currently ranks number two in the Pacific Northwest Region National Forensics Conference. For more information about becoming a member, contact the Arts & Humanities division Student Programs, C212, Student Union, (425) 564-6150 Students may form a club around academic or personal interests and may request formal recognition and funding through the chartering process. Chartering gives a club access to campus facilities funding, advertising support, and training. You need only five currently-enrolled students and a faculty or staff advisor in order to form a club. To start the chartering process, please pick up a club-chartering packet in the office, C212, or the Student w, C105, both in the Student Union. Clubs must re-charter every year. See page 56 for a list of the current student clubs offered at BC. See Chartered Clubs \uf0e8 p. 52 See Student Programs > Associated Student Government \uf0e8 p. 45 Cashiering, 1st floor, Student Services Building, (425) 564-2309 does not itself offer student insurance, but you can come to the Cashiering office to pick up information about plans that are available C212, Student Union, (425) 564-2435 online.com Bellevue College\u2019s student newspaper, The Watchdog, welcomes students, staff, and faculty who have news, edit- ing, and advertising experience, as well as those who have interest but no experience. Enrollment in journalism courses is encouraged but not required to participate as a Watchdog staff member. The newspaper is entirely student-run with occasional guid- ance from a faculty advisor. Students interested in joining the newspaper staff should contact advisor Amy Miller at (425) 564-3065 or [email protected]. The Watchdog is available online (425) 564-2720 sustainability/ Bellevue College is a committed to sustain- ability on campus, in classes, and through college and community leadership. Participate by 1) taking a sustainability related class (see website), 2) reduce waste and carpool, bus or bike to campus (see page 24), students driving alone are our largest source of climate changing greenhouse gas emissions, 3) Get involved with the Sustainability and Science Association or create your own project and apply for funding from the Student Environmental Sustainability Fund. For more information or support contact the Office of Sustainability or Representative for Social and Environmental Sustainability, visit 51 student life programs & clubs Chartered Clubs For 2014\u20132015 \u0084 \u0084 Accounting Club \u0084 \u0084 African Student Association (ASA) \u0084 \u0084 Arabic Culture Student Association \u0084 \u0084 Art & Crafts Social Club \u0084 \u0084 Art Club \u0084 \u0084 Asian Pacific Islander Student Association (APISA) \u0084 \u0084 Awesome Ultimate Frisbee Club \u0084 \u0084 Bellevue College Alliance \u0084 \u0084 Black Student Union (BSU) \u0084 \u0084 Breakdance Club \u0084 \u0084 Bulldogs Vote \u0084 \u0084 Business Leadership Community (BLC) \u0084 \u0084 Capoeira Angola Palmares \u0084 \u0084 Chemistry Club \u0084 \u0084 Chess Club \u0084 \u0084 Chi Alpha Christian Fellowship \u0084 \u0084 Chinese Christian Fellowship \u0084 \u0084 Chinese Students Association \u0084 \u0084 Christian Student Association \u0084 \u0084 Collimater\u2019s Club \u0084 \u0084 Computer Science Club \u0084 \u0084 Concerned Students Council (CSC) \u0084 \u0084 Counseling Center Student Support Group \u0084 \u0084 Critical Hit Productions \u0084 \u0084 Design Thinking Workshop \u0084 \u0084 Diagnostic Ultrasound Club \u0084 \u0084 Docs and Dents Club \u0084 \u0084 El Centro Latino Band Club \u0084 \u0084 Engineering Club \u0084 \u0084 English Language Players \u0084 \u0084 Equal Minds Club Club \u0084 \u0084 Feminist Club \u0084 \u0084 Film Society \u0084 \u0084 Flashmob Club \u0084 \u0084 French Club \u0084 \u0084 Genki Society \u0084 \u0084 Helping Hands Club \u0084 \u0084 Indonesian Fellowship Club \u0084 \u0084 International Student Association (ISA) \u0084 \u0084 International Talk Time \u0084 \u0084 Intervarsity Christian Fellowship \u0084 \u0084 Japanese Conversation Club \u0084 \u0084 Japanese Modern Dance \u0084 \u0084 Jewish Cultural Club \u0084 \u0084 Jewish Cultural Club \u0084 \u0084 Katarou-kai \u0084 \u0084 Korean Student Union \u0084 \u0084 Kung Fu Club \u0084 \u0084 Latin American Culture Club \u0084 \u0084 Latter-Day Saint Student Association \u0084 \u0084 Lotus Club \u0084 \u0084 Marketing Club \u0084 \u0084 Muslim Student Association \u0084 \u0084 Nursing Student Association \u0084 \u0084 Organization of Women Leaders \u0084 \u0084 Philosophy Club \u0084 \u0084 Photography Club \u0084 \u0084 Redeemers College Bible Fellowship \u0084 \u0084 Rotaract \u2013 Society for Advancement of Hispanics/Chicanos and Native Americans in Science \u0084 \u0084 Smash Club \u0084 \u0084 Son of Beach \u0084 \u0084 Speech and Debate \u0084 \u0084 Startup Bellevue College \u0084 \u0084 Student Consultant Meeting \u0084 \u0084 Sum of All Forces (Physics Club) \u0084 \u0084 Sustainable Food Group \u0084 \u0084 Transformational Leadership Club \u0084 \u0084 Wilderness Adventure Club \u0084 \u0084 World Food Diner \u0084 \u0084 World Maps Society 52 student life programs & clubs 53 53 D271, (425) 564-2788 Gallery Space, BC\u2019s art gallery, is dedicated to providing the campus community with the opportunity to view high quality artwork from a multiplicity of backgrounds, styles and media. Individual professional artists, student artists and groups are encouraged to apply to show their work. Exhibits change approximately monthly throughout the academic year E100, (425) 564-2089 The Music department offers a wide variety of courses for students from all musical backgrounds to fulfill a variety of goals. If you are beginning a career in music, pursu- ing music as a hobby or fulfilling general education requirements, Bellevue College has a diverse list of courses from which to choose. Some courses are offered both on campus and online. We offers courses and ensemble work such as Music Theory, History, Vocal Performance, Jazz Band, Guitar and Piano. Music Technology and Audio Music Production classes are also offered. Choral Music BC\u2019s Music Department offers a variety of performance opportunities for singers: the Concert Choir, the vocal jazz ensemble (Celebration!), and the chamber choir. These vocal performing ensembles participate in musical concerts, festivals, tours, student- led programs, and numerous venues at Bellevue College and in our community. Instrumental Music If you currently play an instrument or are looking to learn one please get involved with instrumental music at Bellevue College. We offer courses perfect for beginners, as well as performance opportunities and various performing ensembles for novice to advanced student musicians. Music Education Club (CWMEA) BC\u2019s collegiate chapter of the Washington Music Educators\u2019 Association is open to all students interested in pursuing Music Education as a profession. Though most members are music majors, any interested student may join. Private Instruction Take private instrumental or vocal lessons for college credit! Private instrumental or vocal lessons at Bellevue College is open to all students regardless of level \u2013 beginners to advanced students are welcome. 54 theathre arts & athletics E100, (425) 564-2319 depts.bellevuecollege.edu/theatrearts/ Theatre Arts combines classes offered by our Dance and Drama Departments. Dance The Dance department offers courses in Ballet, Contemporary Dance and Jazz Technique. Some classes may be taken for either Dance credit or credit. Students in Dance Ensemble classes perform as the Bellevue College Dance Company. Bellevue College Dance Company Advanced dancers may participate in the Bellevue College Dance Company (BCDC) offering 1-5 credits. This is a performance class with the main production an annual Spring Dance Concert in the Carlson Theatre. This event has developed a reputation for excellence, which attracts a wide variety of professional guest artists and choreogra- phers from out of state, as well as locally. Drama The Bellevue College Drama department provides opportunities for both beginning and advanced-level actors to gain performance experience. Beginning actors do not compete for roles with upper-level undergraduates as is the norm in four-year schools produces a new play each quarter which gives all student actors many opportuni- ties to audition and perform. Additionally, StageFright, the student drama club, presents one play a year which is totally student-produced Drama offers students hands-on technical experience in all areas. Tech crews work on all theatrical produc- tions using state-of-the art equipment and methodologies. StageFright, Student Drama Club The evening of short plays is always fun and usually surprising as students direct, write, design and perform dramas and comedies that take the audience from begin- ning to end in ten short minutes. 55 theathre arts & athletics G100, (425) 564-2351 currently offers 10 intercollegiate sports programs. Involvement in these programs not only encourages physical activity in a competitive environment, but also develops teamwork, responsibility, goal-setting, and commitment has established a success- ful tradition in intercollegiate athletics over the years, which is not only highlighted by many Northwest Athletic Association of Community Colleges conference titles, but also by the long list of individuals who have used the athletic experience as a step on the way to further educational and professional opportunities offers ten team sports which have solid reputations of being top competitors in the Pacific Northwest for over thirty years. Rosters for teams are filled via active recruit- ment of athletes who enroll at to advance both educationally and athletically Soccer, Golf, Volleyball Soccer, Golf Basketball Basketball Softball Baseball Tennis, Golf Golf Facilities Bellevue College\u2019s successful athletic programs enjoy the use of some of the best facili- ties in the area including Soccer Field: home for Men\u2019s and Women\u2019s Soccer. Along with team use, the field may be rented to the general public throughout the year. \u0084 \u0084 Courter Family Athletic Pavilion: has three full sized basketball floors and plays host to many youth tournaments throughout the year. \u0084 \u0084 Courter Field: home of the baseball team, Courter Field is one of the Pacific Northwest\u2019s top baseball facilities. Intramural Sports and Sports Clubs The intramural program, under the auspices of the Health Sciences, Education and Wellness Institute, currently offers midday activities such as aerobics, basketball, volleyball, and pickleball. The schedule can be modified according to students\u2019 inter- ests. Both open-play and league competition are offered each Fall, Winter, and Spring Quarter. Students, staff, and faculty are encouraged to participate in planning and carrying out these and other activities. You are encouraged to arrange for your own medical insurance through the school health plans prior to competition. The Intramural program also has information on chartering sports clubs. Club status allows your group access to facilities and equipment for your activity. For more information, contact Student Government, Student Union Building, C212, or Program Chair Ray Butler at [email protected]. 56 theathre arts & athletics 57 57 58 college policies student code The Student Right-to-Know Act requires that institutions receiving Title funding disclose specific information about the college. Information about Bellevue College and its campus is available for review for our students, which also includes the bachelor degree students, on BC\u2019s website at publicdisclosure/. You can also access much of this information throughout the annual Course Catalog, including website links. Right-to-Know Information Web and/or Office Accreditation Affirmation of Inclusion Costs of Attending Degree & Certificate Programs Available at Directory \u2013 Faculty and Staff Disability Access Drug-Free Environment Enrollment Policies Equal Opportunity in Education & Employment Education_and_Employment.asp Equity in Athletics Family Education Rights & Privacy Act (FERPA); Disclosure of Student Information Financial Aid Gainful Employment Information General Educational Development (GED) Graduation/Transfer Completion Limitation of Liability Maps Public Safety Report Smoking on Campus State Support for Higher Education Student Profile Transfer Students Rights and Responsibilities Responsibilities_8-13.pdf Bellevue College allows enrolled students pursuing a degree or certificate to petition for academic forgiveness as a one-time irreversible option for which students petition at the time of graduation. Students select a quarter on their transcript from which point all grades for all quarters preceding the selected quarter will be forgiven and excluded from their transcript cumulative GPA. Courses which are forgiven cannot be used to meet pre-requisites, degree or certificate requirements. Students should be aware that other colleges and universities may include forgiven courses and/or grades in their eligibility for admission or graduation. \u0084 \u0084 Registration-related activities \u0084 \u0084 Deadlines \u0084 \u0084 Payments and refunds \u0084 \u0084 Grading \u0084 \u0084 Student Code In those cases where students have a complaint concerning the college rules and regulations and no clear avenue of appeal is stated, students are encouraged to submit their concerns to the Executive Dean of Instruction for academic matters or to the Vice President of Student Affairs for nonacademic matters. The respective offices will seek the necessary means for providing a student with a decision. Bellevue College reserves the right to change any provisions or requirements appear- ing in the catalog or quarterly schedule at any time and to add or withdraw courses without prior notification Bellevue College expects students to be aware of and follow college rules and regulations as published in the catalog, quarterly schedule, college website ( student handbook, and other official publications. Students will be held accountable for following all procedures for which they have a responsibility. These include but are not limited to: The catalog and quarterly schedule are published for informational purposes only. Every possible effort is made to ensure accuracy at the time of publication. However, the provisions of the catalog and quarterly schedule are not to be regarded as an irrevocable contract between the student and the college. Students who wish to pursue academic forgiveness should meet with a counselor Excerpt from Policy: Students are making academic progress when they have attempted 30 or more college- level credits and \u0084 \u0084 Achieve a cumulative of 2.0 or higher and \u0084 \u0084 Complete at least 75 percent of the credits attempted and \u0084 \u0084 Complete their degree/certificate before reaching 125 percent of the required credits Students who reach 85 percent of the college-level credits required for their degree/ certificate will be notified by the office of the dean of Student Affairs that they should be nearing completion and inform them of the 125 percent requirement to meet the academic progress standard. Students who reach 125 percent of the college-level credits required for their degree/certificate will be required to meet with a counselor for approval of any addi- tional courses. Courses approved will only be those necessary for completion of the degree. 59 college policies student code 60 college policies student code Animals are not to be brought to campus unless they are for the support of a person with disabilities Excerpt from Policy As a general rule, employees and students shall not bring children with them to their work sites or to classes. Employees and students may bring children to their work sites and/or classrooms only in special circumstances, and then only upon approval by their instructor (for students) or supervisor (for employees), and upon their compliance with college rules. A. No employee, student, or visitor to the college shall leave a child unsupervised at the college, nor may such person leave a child with a college employee or student, unless that child is enrolled in an authorized program of the college. B. Bellevue College offers certain programs and activities targeted towards children, such as Head Start, Parent Education, computer camps, or sports camps. The college provides supervision for children enrolled in these activities. Bellevue Col- lege also provides child care in its daycare facility. The college does not supervise children outside of such programs for children which are officially sanctioned by the college; and neither the college nor its employees, agents, or students may accept responsibility to do so on behalf of the college. C. Unsupervised children on the Bellevue College campus will be referred to Public Safety for assistance, and may be asked to leave. D. This procedure pertains to all employees and persons who visit the college, participate in classes, and/or programs, events, or other activities common, campus-wide minimum standard regarding student cheating, stealing, and plagia- rizing provides enough autonomy for instructors and programs to set their own standards. It is the instructor\u2019s responsibility to clearly articulate to the students what is consid- ered appropriate and inappropriate behavior in the classroom and what action will be taken in the case of inappropriate classroom behavior. It is recommended that this be done through the course syllabus Excerpt from Policy It is the policy of Bellevue College to provide clear and accurate information, provide accessible services, and offer excellent educational programs and quality service. Students have both the right to receive clear information and fair application of college grading policies, standards, rules, and requirements as well as the responsibility to comply with them in their relationships with faculty and staff members. The purpose of this policy and procedures is to provide a systematic way in which to express and resolve misunderstandings, complaints or grievances about dissatisfaction with college personnel, services, processes or facilities, discrimination or academic issues. Bellevue College, through its affirmative action policy and general policy on sexual harassment, and in accordance with state and federal regulations, prohibits discrimi- nation against students and employees on the basis of race or ethnicity, creed, color, national origin, sex, marital status, sexual orientation, age, religion, the presence of sensory, mental or physical disability, or status as a disabled or Vietnam-era veteran. Bellevue College employees are responsible for ensuring that their conduct does not discriminate against anyone; they are expected to treat people conducting business at Bellevue College with respect and may expect the same consideration, in return. The college recognizes that disputes may sometimes arise and encourages the parties involved to resolve the conflict informally whenever possible. If resolution cannot be reached, a formal process provides an impartial and equitable way to resolve those conflicts. \u0084 \u0084 General Complaint Resolution Procedures can be viewed at: Resolution%20Procedures.asp 61 college policies student code \u0084 \u0084 Student Academic Dispute Resolution Procedure can be viewed at: Dispute%20Resolution%20Procedure.asp Informal Complaint Process The purpose of this step is to enable an individual to express and resolve misunder- standings, complaints, or grievances at the lowest level possible by speaking directly with the employee or departmental supervisor. The aggrieved person should make an appointment to talk directly with the employee to attempt to reach a mutual agree- ment. In some situations, such as a discrimination complaint, the aggrieved person may be more comfortable requesting a meeting with the employee\u2019s supervisor, instead. Both parties should be courteous, flexible, and respectful, as concerns are identified and possible resolutions discussed. Both sides should be open to alternative solutions or suggestions. If the problem cannot be solved together, the following formal complaint procedures may be used. Formal Complaint Process All formal complaints must be made in writing and should include the complainant\u2019s name; student identification number, if appropriate; address; e-mail address; telephone number; time(s); date(s); place(s); complete description of the complaint; and, in the case of grade complaints, both the grade received in the course in question and the reason for the grade complaint, specifying as accurately as possible all necessary perfor- mance scores and attendance data. A. General Complaint Procedure: An individual who has a complaint about an employee\u2019s performance or behavior that is not discriminatory, or about college services, or processes should go to the Office of the Vice President of Student Affairs, B231-A, to be directed to the appropriate depart- ment, telephone (425) 564-2205, or visit Facilities-related complaints should be taken to Campus Operations, K100, or telephone (425) 564-2376. Complaints should be filed as soon as possible or within six months after the incident occurs. The Office of the Vice President of Student Affairs will help the individual determine the appropriate department in which to file the complaint If either party is dissatisfied with the decision of the administrative unit supervisor, he/she may appeal in writing to the appropriate dean or vice-president within ten days after the date of the letter from the administrative unit supervisor. The person filing the appeal should identify why he/she is dissatisfied with the outcome of the complaint and provide any additional information to be considered. B. Discrimination Complaint Procedure: Whenever a complaint alleges discrimination or sexual harassment, this procedure should be used rather than the other complaint procedures. Alleged Title and Section 503 violations as well as other discrimination complaints will be investigated under this procedure student or member of the public who believes he/she has been discriminated against should bring his/her complaint to the Department of Human Resources, A101, or telephone (425) 564-2274. Discrimination complaints should be filed within one year after the incident(s) occurred. The college will act promptly to investigate the complaint and will attempt to protect the rights of the individual bringing the complaint (the complainant), the alleged discriminator, and any witnesses involved. All parties involved have the right to protection from any retaliating behavior by the alleged discriminator or any college employee. All complaints shall be kept as confidential as is reasonably possible during the investigation/resolution process. However, complaints may be subject to public disclosure under the state\u2019s Public Disclosure Act, and therefore the college cannot assure confidentiality to any participant in the process Appeals of any disciplinary action, including any finding that discrimination occurred, may be made through the appropriate employee contract or the student code. If the complainant is not satisfied with the disposition of the complaint, she/he may file a written appeal to the President within ten days after notification of the disposition of the complaint. This request should include any and all additional information s/he wants the President to consider. The decision regard- ing the appeal, including appropriate corrective measures, shall be made in writing by the President within fifteen days after receipt of an appeal. 62 college policies student code External Complaint Any student, employee, applicant for admission or employment, or member of the public using facilities who believes he/she has been discriminated against has the right to bypass the internal college process and file a discrimination complaint with one of the agencies listed below or any other agency with the jurisdiction to hear such complaints. Individuals seeking assistance from state and federal agencies need to be aware that many agencies have strict timelines regarding the filing of complaints. Equal Employment Opportunity Commission 909 First Avenue, Suite 400, Seattle 98104-1061 Human Rights Commission 1511 Third Avenue, Suite 921, Seattle 98101 U.S. Office of Civil Rights Department of Education, 915 Second Avenue, Seattle 98174-1099 C. Academic Complaint Procedure student who wishes to express and resolve misunderstandings, complaints, or grievances with faculty members regarding grades, grading issues, or policies in a fair and equitable manner should bring his/her complaint to the appropriate instructional division office. Students with a complaint or a request for a grade review must file a written request with the appropriate organizational unit administrator (OUA) within two consecutive quarters from the date of the issuance of the grade. The Executive Dean of Instruction may extend the time limits in the process under exceptional circumstances such as extended illness, sabbatical leave, or other absence of either party to the complaint in which case the dean will give reasonable opportunity to complete appeal procedures or reply to the charges before making a decision. Since the evaluation of the course content is exclusively within the province of the instructor for a particular course, any adjustments or grade changes may be initiated only by that instructor, or under extenuating circumstances, by the Executive Dean of Instruction, upon the approval of the college president. In such an instance, the course grade record shall be coded and indicate \u201cgrade changed by administrative action.\u201d The transcript shall indicate \u201cchanged by administrative action.\u201d The shall discuss with the student his/her concerns including the options available to resolve the grade concern. The shall also inform the student that the vice president of student affairs or another person the student chooses may act as an advo- cate who will assist the student in completion of the complaint process. The student may waive the right to an advocate. The student\u2019s written complaint, including remedies sought, shall be forwarded to the faculty member concerned, who must provide a written response within ten instruc- tional days. If the written response does not resolve the complaint to the student\u2019s satisfaction, he/she may submit a written request to the OUA, appeal to the OUA, citing the reasons for disagreeing with the instructor\u2019s response. The shall consult with the instructor and provide a written response within ten instructional days. If the OUA\u2019s response does not resolve the complaint to the student\u2019s satisfaction, the student shall provide a written request that the grievance be heard before the Student Academic Grievance Committee. The will contact the Student Academic Grievance Committee chairperson to convene the Committee. Student Academic Grievance Committee The Student Academic Grievance Committee shall be composed of four faculty and two student justices. The will annually elect one faculty member for the committee who will serve as the committee chairperson for the academic year commencing fall quarter. Two faculty members will be selected from the same or a closely aligned organizational unit of the faculty member against whom the grievance is filed. One faculty member will be selected without regard to organizational unit, but who is sufficiently aware of related discipline issues so as to add professional perspective to the hearing. The two student justices will be appointed by the president from the judicial board. The Student Academic Grievance Committee shall consider the case within ten instructional days of the request for a hearing. All hearings shall be closed meetings of the Student Academic Grievance Committee (to include the student and the faculty member), except that any party to the grievance may have one representative or advisor in attendance. Based upon the evidence and proceedings, the Student Academic Griev- ance Committee shall provide both findings of fact and a written recommendation of the action to resolve the grievance within five instructional days of the hearing to the 63 college policies student code Executive Dean. The Executive Dean shall review the recommendation of the Committee and, after consulting as appropriate with the student, the faculty member, and the Committee, shall render a decision. The decision of the Executive Dean of Instruction shall be final. If the Student Academic Grievance Committee, at any point in its deliberations, finds that the complaint is without merit, the Committee may decide to dismiss the case. The Committee shall notify the complainant and the of its decision. The Student may appeal the Committee\u2019s decision to the Executive Dean policies addressing copyright can be found at: policies/3/3600_copyright_and_the_right_of_fair_use.asp Excerpt from the Digital Copyright Safeguards for Students Policy It is a violation of federal law and college policy to share and/or distribute copyrighted materials without the permission of the copyright holder. Violators are subject to civil and criminal prosecution, as well as personal sanctions as specified in college policy. Filesharing The most common way that illegal sharing is done on campus is through the use of file sharing software, often called \u201cpeer-to-peer\u201d or \u201cP2P\u201d software. Common brand names of this type of software include KaZaA, BitTorrent and Gnutella. While this type of software is not illegal, if it is installed on a computer extreme care must be used to ensure it is not used illegally. File sharing software is frequently used to download music, motion pictures, and computer software. Users often do not realize that this type of software may turn their computer into a server, or file upload site, even without their knowledge or intent. Files stored on a computer so configured can then be illegally shared with every other person connected to the Internet. Monitoring Bellevue College technical support personnel monitor all activity on the college network. In addition, representative of the motion picture, music recording, and software industries actively and aggressively monitor the Internet to discover incidents of illegal file sharing. When violations are discovered, they contact the network owner and/or the Internet Service Provider (ISP) and rightfully demand that the offending device be disconnected from the network. Bellevue College is considered the for all computers attached to the college network and can readily identify individuals using the college network\u2014computer use at the college is anonymous. To protect the college and network users from further culpability under federal copyright law or college policy, the college will disable network access for any user or device for which a complaint of copyright infringement has been received. This disconnection will continue until the complaint can be resolved. Resolution Internal resolution of the complaint may require reconfiguring and/or removal of all P2P software from the computer used before access to the network is restored, and may also result in a college disciplinary review. In such a review, the full range of Bellevue College disciplinary sanctions is available, including: 1. Permanent loss of computer use privileges; 2. Denial of future access to Bellevue College resources; 3. Disciplinary action \u2013 any disciplinary action will be taken in accordance with appropriate procedures as established by the Dean of Student Success; 4. Dismissal from the college; and/or 5. Legal action. Internal actions taken by the college to remedy a violation does not preclude the copyright holder from seeking civil and/or criminal prosecution for copyright infringe- ment under state, local, or federal statutes. The federal law specifies that violators can be liable for: 64 college policies student code \u0084 \u0084 Litigation costs, attorney fees, and actual damages, or statutory damages of $750 to $30,000 for work infringed. The maximum is raised to $150,000 for cases of \u201cwillful infringement.\u201d \u0084 \u0084 Actions taken to circumvent technological measures that are used to control access to copyrighted works or to prevent infringement of the exclusive rights of copyright owners are punishable by awards of statutory damages of $200 to $2,500 for act of circumvention. This may include circumventing Bellevue College computer or network protections. Example: Ripping a and removing the copy protection. \u0084 \u0084 Statutory damages of $2,500-$25,000 for removal or alteration of copyright management information. Example: Ripping a and not including the warning in the copy. \u0084 \u0084 Under certain circumstances, criminal penalties up to $250,000, and/or imprisonment. Bellevue College encourages all students to be aware of their rights and responsibilities with regard to copyrighted materials, and has posted links to a number of legal resources for enjoying music or movies online on its website at: depts. bellevuecollege.edu/helpdesk/students/file-sharing Excerpt from Policy Disclosure of a student\u2019s Social Security Number for the purpose of admission and registration at Bellevue College is voluntary on the student\u2019s part assigns a nine-digit number to all students who have previously enrolled and those who are applying for admission. Social Security numbers will continue to be requested but will not be used as identifiers in the college records system will not deny any individual any right, benefit, or privilege provided by law because of that individual\u2019s refusal to disclose his/her Social Security Number. Students who receive financial aid, however, should be aware that federal law requires them to provide their Social Security Numbers It is the policy of Bellevue College (College) to provide a working and learning environ- ment free from discrimination, harassment, or retaliation. This policy expressly prohibits conduct that discriminates against individuals or groups based on their race or ethnicity, color, national origin, sex, marital or family status, sexual orientation including gender identity or expression, age, religion, creed, disability, veteran status, or any other basis prohibited by federal, state, or local law. This policy also prohibits retaliation directed at any individual who reports or files a claim of discrimination or harassment, or who participates in an investigation of a claim of discrimination or harassment. Any member of the college community who is found to have engaged in unlawful discrimination, harassment or retaliation is subject to appropriate corrective or disciplinary action in accordance with applicable college policies and collective bargaining agreements. \u0084 \u0084 Prevention of Discrimination, Harassment and Retaliation policy can be viewed at: tion_Harassment_and_Retaliation.asp \u0084 \u0084 Discrimination Complaint Resolution Procedures can be viewed at: Complaint%20Resolution%20Procedures.asp Excerpt from Policy Bellevue College intends to provide a drug-free, healthful, safe, and secure work and educational environment. Each employee is expected to report to work in an appropri- ate mental and physical condition to perform his/her assigned duties. Each student is expected to be in an appropriate mental and physical condition to participate fully in the learning process. The unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance in or on Bellevue College owned or controlled property, or 65 college policies student code while conducting Bellevue College business, is prohibited. Any disciplinary action for employees or students will be decided on a case-by-case basis depending upon the specific circumstances. Disciplinary action resulting from a drug-related student code violation may range from strict discipline to expulsion from the college and denial of future registration. Students who feel they might have a problem with drug and/or alcohol abuse are encouraged to make an appointment to speak with a counselor in the Counseling Center Bellevue College does not discriminate on the basis of race or ethnicity; creed; color; national origin; sex; marital status; sexual orientation; age; religion; the presence of any sensory, mental, or physical disability; or veteran status in educational programs and activities which it operates is prohibited from discriminating in such a manner by college policy and by state and federal law. All college personnel and persons, vendors, and organizations with whom the college does business are required to comply with applicable federal and state statutes and regulations designed to promote affirmative action and equal opportunity (FERPA) Excerpt from Policy Bellevue College implements policy contained in this chapter in compliance with Public Law 93-380, the Family Educational Rights and Privacy Act of 1974 (\u201cFERPA\u201d). This law establishes that the education records of students attending or having attended the college are confidential and can be released only with written permission of the student. The Family Educational Rights and Privacy Act also authorizes the college to release so-called \u201cdirectory information\u201d without prior written permission. The college has adopted procedures to implement the Family Educational Rights and Privacy Act. Questions pertaining to the procedures and their implementation should be directed to the Vice President of Student Affairs. Notification of Rights under The right to consent to disclosures of personally identifiable information contained in the student\u2019s education records, except to the extent that authorizes disclosure without consent. There are exceptions which permit disclosure without consent such as disclosure to school officials with legitimate educational interests school official is a person employed by the college in an administrative, supervisory, academic, research, or support staff position (including campus security personnel and health staff); contractors, consultants, volunteers, and other outside service providers used to perform institutional services and functions; a person serving on the Board of Trustees; or a student serving on an official committee, such as a disciplinary or griev- ance committee, or assisting another school official in performing his or her tasks school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibility. Upon request, the college discloses education records without consent to officials of another school in which a student seeks or intends to enroll, in connection with financial aid, to parents of dependent students, to comply with subpoena orders issued by the U.S. attorney General under the Patriot Act to organizations conducting studies on behalf of educational institutions. Information may also be disclosed for health and safety reasons and as a result of a disciplinary hearing to an alleged victim. Directory information (that information which may be made public to any party) is defined as: name, college email address, dates of enrollment, degree/certificate earned, sports participation (including height & weight), scholarships received, membership or office in Bellevue College Student Government or honor society, part time or full time student status and previous schools attended. The right to file a complaint with the Department of Education concerning alleged failures by Bellevue College to comply with the requirements of FERPA. The name and address of the office that administers is: Family Policy Compliance Office Department of Education 400 Maryland Avenue Washington 20202-4605 66 college policies student code The college expects that students who receive services for which a financial obligation is incurred will exercise responsibility in meeting these obligations. Appropriate college staff are empowered to act in accordance with regularly adopted procedures to carry out the intent of this policy, and if necessary to initiate legal action to ensure that collection matters are brought to a timely and satisfactory conclusion. Admission to or registration with the college, conferring of degrees, and issuance of academic transcripts may be withheld for failure to meet financial obligations to the college Excerpt from Policy Bellevue College utilizes a consistent, published letter grading system to reflect the student\u2019s achievements. For students who do not wish to take a course for a letter grade, an optional Pass/Fail grading system is available, as is the option to audit a course. The student is responsible for initiating the removal of an incomplete grade or for correcting a grade he or she believes is incorrect. Students who have received a \u201cD\u201d or \u201cF\u201d in a course have the right, under certain circumstances, to repeat the course. Grade Definitions and Points indicates \u201cOutstanding\u201d Achievement = 4.0 points per credit hour A- = 3.7 points per credit hour indicates \u201cHigh\u201d Achievement B+ = 3.3 points per credit hour = 3.0 points per credit hour B- = 2.7 points per credit hour indicates \u201cSatisfactory\u201d Achievement C+ = 2.3 points per credit hour = 2.0 points per credit hour C- = 1.7 points per credit hour 67 college policies student code indicates \u201cPoor\u201d Achievement D+ = 1.3 points per credit hour = 1.0 point per credit hour indicates \u201cUnsatisfactory\u201d Achievement = 0 points per credit hour Other Grades = \u201cPassing,\u201d with no points calculated \u201cP\u201d grade is issued in two separate instances: for those courses institutionally recognized as using the \u201cP\u201d grade, and for courses graded using \u201cA\u201d through \u201cF\u201d in which a student elects to be evaluated \u201cpass/fail\u201d. In the latter instance students must declare intention for a \u201cP/F\u201d grade within the first 10 days of the quarter by filing the request in the Student Service Center. When the student fails to receive a grade of \u201cA\u201d through \u201cD\u201d, a grade of \u201cF\u201d will be assigned and calculated into the grade- point average = \u201cCredit/Non-Credit,\u201d a grade granted for specific courses as determined by the college. No points are calculated into the grade-point average = \u201cOfficial Withdrawal.\u201d Withdrawals are accepted and recorded on different schedules during the academic year and during Summer Quarter = \u201cHardship Withdrawal,\u201d indicating a withdrawal request made because of extenuating circumstances after the official withdrawal period is over. This is a grade posted by the instructor. Students request this through the faculty or the faculty member may initiate the contact. No points are calculated into the grade-point average = \u201cAudit,\u201d not counted for credit or grade-point average student must declare intention to audit a course within the first ten days of a quarter by filing the request in the Registration Office = \u201cCourse in Progress,\u201d indicating a course which, by authorization of the executive dean of educational services, officially continues beyond the termi- nal date of the present quarter. Normally, the course is completed and graded on or before the termination of the subsequent quarter = \u201cIncomplete.\u201d No points are calculated for this grade. An \u201cI\u201d grade indicates that the student has not completed specific prescribed requirements for a course, usually for unforeseen reasons beyond the student\u2019s control. The student is responsible for requesting the assignment of an \u201cI\u201d grade. Granting the request and assigning the \u201cI\u201d grade is the prerogative of the instructor. The work for the course must be completed before the end of the next quarter (by the end of the following Fall term if the \u201cI\u201d is given in the Spring term), and an extension can be granted only with the instructor\u2019s approval. If the student fails to complete the designated assignment(s), an \u201cF\u201d grade will be posted. Removal of an Incomplete Grade After the student completes the course requirements, resolving the deficiencies outlined on the contractual form within the negotiated time limit, the instructor is responsible for submitting the change to the Records Office. Challenging a Grade If a student wishes to contest the accuracy of a grade, it is important to consult with the instructor involved immediately. See Complaint Policy. After one year, grades are not changed except for extraordinary reasons. Repeating a Course Students who have received a grade of \u201cD\u201d or \u201cF\u201d in a course or students who have failed to achieve a designated grade as a prerequisite may repeat a course up to two times. Other students seeking to repeat courses must request approval, including a rationale, through the college\u2019s appeal process. All grades appear on the academic transcript. In order for the highest grade to be calculated into BC\u2019s grade point average, the student must complete a repeated class request form at the Student Service Center. This request will result in the lowest graded course(s) having a grade identifier of \u201cR\u201d posted next to the grade(s) in the permanent transcript. BC\u2019s grade point average will exclude any course that has a repeat grade identifier. Students should be aware that other colleges and universities may include repeated course grades in their eligibility for admission or graduation. \u201cZ\u201d and \u201cW\u201d grades are not included in the repeat policy. 68 college policies student code See Complaint Policy \uf0e8 p. 60 Excerpt from Policy Hazing is prohibited. Hazing means any method of initiation into a student organiza- tion or living group or any pastime or amusement engaged in with respect to such an organization or living group that causes, or is likely to cause, bodily danger or physical harm, or serious mental or emotional harm, to any student or other person attending any institution of higher education or post-secondary institution. Hazing violations are also misdemeanors punishable under state criminal law accord- ing to 9A.20.021 Excerpt from Policy Bellevue College assumes no responsibility for theft or damage to vehicles parked on campus. For your own protection, remove valuables and lock your vehicle. Parking Permits students, who park on campus, are required to obtain a parking permit for their vehicles. Student parking permits are available online at: bellevuecollege. General Parking Rules \u0084 \u0084 Student parking is limited to areas designated \u201cStudent Parking.\u201d \u0084 \u0084 Parking after 3:00pm for students, staff, and faculty is available in all designated parking areas with the exceptions of parking spaces for the disabled, the college motor pool, and specifically reserved signed areas. Students may not park in employee lots with signage stating \u201cNo Student Parking Anytime Mon-Fri.\u201d \u0084 \u0084 On the main campus, parking permits are required Monday \u2013 Friday: 6:00am \u2013 3:00pm. \u0084 \u0084 Park one vehicle to a space, inside the set of white lines. \u0084 \u0084 No one may park at any time in roadways, fire lanes, bus zones, loading docks, service driveways; on sidewalks or on the landscaping. No one may park in a reserved space without the appropriate permit or authorization. Students and Staff with Disabilities You may park in a space reserved for the disabled only if your vehicle has a disabled plate or displays a valid \u201cDisabled Persons Parking Identifications\u201d issued by the state of Washington. Reserved spaces are available in most parking lots. Lot C-7 on the west side of campus is designated entirely for disability parking. Visitors Visitors may park in Lot 4. Carpools The first level of the parking garage is reserved for student carpools (three or more students sharing one vehicle). Carpool permits are available only from the Public Safety Office and must be displayed on the dashboard of the carpool vehicle. \u0084 \u0084 Parking Permits are issued to current Students and/or Employees only \u0084 \u0084 Class schedules will be verified at the Public Safety office \u0084 \u0084 There has to be a minimum of three Students and/or Employees \u0084 \u0084 You will need the parking permit for each vehicle that will be parking on campus \u0084 \u0084 All car pool participants must come in at the same time to apply for the permit \u0084 \u0084 Vehicles must at a minimum have seating for three Blocking the Roadway Waiting in the parking lot roadway for a space to open up can create gridlock for everyone. Please be willing to come a little earlier or walk farther. Violators may be cited and their vehicles may be towed. 69 college policies student code Speed Limit The speed limit on campus is 20 miles per hour on the roadways and 5 miles per hour in the parking lots unless posted otherwise. Adverse driving conditions may require a slower speed. Pedestrians Pedestrians have the right of way at all times, except for emergency vehicles using lights, sirens, etc. Public Safety Office Services Contact the Public Safety Office (K100), Phone (425) 564-2400 if you need to jump- start a dead battery, if you have locked your keys in your car or if you have other minor problems which make your vehicle inoperable, especially if you will have to leave your vehicle in a parking lot overnight. Accidents and Thefts Please report accidents and stolen property to the Public Safety Office promptly. You may also need to make a report to the City of Bellevue Police Department. Citations and Appeals You may be cited for parking without a permit, parking in an unauthorized area, block- ing a roadway, speeding, etc. If you do not pay the fine listed on the tickets, the college may delay your registration, place a hold on your transcripts or financial aid, and/or impound (tow away) your vehicle. Violators may be reported to a collection agency for unpaid fines, which may be directed to the registered owner. If you wish to appeal your ticket, fill out a citation appeal form online at http:// bellevuecollege.edu/publicsafety/citation.asp. You must file the appeal within 20 days after the date on the ticket. The Traffic Citation Review Committee (\u2018Traffic Court\u2019) will review your appeal and decided whether to uphold, reduce, or waive the fine. You are encouraged to attend the court and state your case but if you cannot attend, the committee will decide on the basis of the statement you write on the appeal form permits posting of materials in designated posting locations only, and requires the materials to be approved in advance at the Student Business Center, room C105, or the Student Programs office, room C212 Excerpt from Policy The College collects an administrative fee when a student adds or drops course(s) or withdraws from the college. In addition, the Registrar is authorized to refund fees when a student withdraws from the college or course(s) according to state statute and to determine a pro-rated refund for courses with varying start and end dates. The Registrar also has the authority to make judgments regarding refunds for students who withdraw for medical reasons and for students who are called into the military service of the United States student who is requested to withdraw for disciplinary reasons will not be eligible for a refund. The Registrar will refund fees to the appropriate federal account(s), in concurrence with rules governing financial assistance from the federal government, for students receiving federal Title assistance in the amounts mandated by current federal regulation when the student withdraws, or the college withdraws the student, from the college or a course(s Fall, Winter, Spring Quarters Refunds for tuition and related fees are charged an administrative fee and are refunded upon withdrawal from college or a course or courses as follows: \u0084 \u0084 Tuition and fees will be refunded at 100% through the fifth instructional day of the quarter. \u0084 \u0084 Tuition and fees will be refunded at 50% from the sixth instructional day through the twentieth calendar day of the quarter. \u0084 \u0084 Tuition and fees will not be refunded after the twentieth calendar day of the quarter. 70 college policies student code Summer Quarter Refunds for tuition and related fees are charged an administrative fee and are refunded upon withdrawal from college or a course or courses as follows: \u0084 \u0084 Tuition and fees will be refunded at 100% through the third instructional day of the quarter. \u0084 \u0084 Tuition and fees will be refunded at 50% from the fourth instructional day through the eleventh calendar day of the quarter. \u0084 \u0084 Tuition and fees will not be refunded after calendar day eleven of the quarter. Refund Exceptions No checks will be processed for refunds that are less than $25. Refund balances may be applied to future quarters of attendance. Any refund balances remaining after eight quarters will be forfeited. If an insurance claim has been filed, no refund will be granted for insurance fees. Self-support programs may develop different refund policies for programmatic reasons See Registration Services \uf0e8 p. 20 It shall be the policy of Bellevue College, consistent with efforts to respect the dignity and integrity of both employees and students, to provide an environment free of sexual harassment. Sexual harassment is a form of sex discrimination. It occurs in a variety of situations which share a common element: the inappropriate introduction of sexual activities or comments into the work or learning situation. Often, sexual harassment involves rela- tionships of unequal power, and contains elements of coercion\u2014as when compliance with requests for sexual favors becomes a criterion for granting work, study, or grading benefits. However, sexual harassment may also involve relationships among equals, as when repeated sexual advances or demeaning verbal behavior have a harmful effect on a person\u2019s ability to study or work in the academic setting. For general policy purposes, the term \u201csexual harassment\u201d may include, without limitation, such behavior as unwelcome sexual advances, requests for sexual favors, and other physi- cal or verbal conduct and expressive behavior of a sexual nature where: \u0084 \u0084 Submission to such conduct is made either explicitly or implicitly a term or condi- tion of an individual\u2019s employment or education. \u0084 \u0084 Submission to or rejection of such conduct by an individual is used as the basis for academic or employment decisions affecting that individual. \u0084 \u0084 Such conduct has the purpose or effect of substantially interfering with an indi- vidual\u2019s academic or professional performance or creating an intimidating, hostile, or demeaning employment or educational environment. The college recognizes its moral, ethical, and legal responsibilities regarding sexual harassment and will take appropriate action to rid the institution of such conduct Excerpt from Policy Bellevue College limits smoking and tobacco use on campus as follows: \u0084 \u0084 Smoking and tobacco use is permitted only in designated locations. The college designates locations outside the campus courtyard on the main campus. \u0084 \u0084 Smoking and tobacco use shall not be permitted in college vehicles. \u0084 \u0084 The college provides signage at the three main entrances to campus to inform people of our policy. Signs and ashtrays are placed at the main pedestrian entrances to campus from our parking lots map depicting designated smoking and tobacco use areas is available from Campus Operations. Information about smoking areas at off campus locations will be posted at that site 2050 71 college policies student code Excerpt from policy 2050. Original Date: 6/11/1992 * Last Revision Effective: 3/24/2015 The college may impose disciplinary sanctions against a student who commits, or aids, abets, incites, encourages or assists another person to commit, an act(s) of misconduct, which include, but are not limited to the following: 1. Academic Dishonesty. Any act of academic dishonesty, including but not limited to cheating, plagiarism, and fabrication. a) Cheating includes any attempt to give or obtain unauthorized assistance relating to the completion of an academic assignment. b) Plagiarism includes taking and using as one\u2019s own, without proper attribution, the ideas, writings, or work of another person in completing an academic assignment. May also include the unauthorized submission for credit of academic work that has been submitted for credit in another course. c) Fabrication includes falsifying data, information, or citations in completing an academic assignment and also includes providing false or deceptive information to an instructor concerning the completion of an assignment. 2. Other Dishonesty. Any other acts of dishonesty. Such acts include, but are not limited to: a) Forgery, alteration, submission of falsified documents or misuse of any college document, record, or instrument of identification; b) Tampering with an election conducted by or for college students; or c) Furnishing false information, or failing to furnish correct information, in response to the request or requirement of a college officer or employee. 3. Obstruction or Disruption. Obstruction or disruption of (a) any instruction, research, administration, disciplinary proceeding, or other college activity, including the obstruction of the free flow of pedestrian or vehicular movement on college property or at a college activity or (b) any activity that is authorized to occur on college property, whether or not actually conducted or sponsored by the college. 4. Assault. Assault, physical abuse, verbal abuse, threat(s), intimidation, harass- ment, bullying, stalking or other conduct which harms, threatens, or is reasonably perceived as threatening the health or safety of another person or another person\u2019s property. For purposes of this paragraph: a) Bullying is physical or verbal abuse, repeated over time, and involving a power imbalance between the aggressor and victim. b) Stalking is intentional and repeated following of another person, which places that person in reasonable fear that the perpetrator intends to injure, intimidate or harass that person. Stalking also includes instances where the perpetrator knows or reasonably should know that the person is frightened, intimidated or harassed, even if the perpetrator lacks such an intent. 5. Cyber-Misconduct. Cyber-stalking, cyber-bullying or online harassment. Use of electronic communications, including, but not limited to, electronic mail, instant messaging, electronic bulletin boards, and social media sites, to harass, abuse, bully or engage in other conduct which harms, threatens, or is reasonably perceived as threatening the health or safety of another person. Prohibited activities include, but are not limited to, unauthorized monitoring of another\u2019s email communications directly or through spyware, sending threatening emails, disrupting electronic communications with spam or by sending a computer virus, sending false messages to third parties using another\u2019s email identity, non-consensual recording of sexual 72 college policies student code activity, and non-consensual distribution of a recording of sexual activity. 6. Property Violation. Damage to, or theft or misuse of, real or personal property or money of the college or state; any student or college officer, employee, or organiza- tion; or any other member of the college community or organization; or possession of such property or money after it has been stolen. 7. Failure to Comply with Directive. Failure to comply with the direction of a college officer or employee who is acting in the legitimate performance of his or her duties, including failure to properly identify oneself to such a person when requested to do so. 8. Weapons. Possession, holding, wearing, transporting, storage or presence of any firearm, dagger, sword, knife or other cutting or stabbing instrument, club, explosive device, or any other weapon apparently capable of producing bodily harm is prohib- ited on the college campus, subject to the following exceptions: a) Commissioned law enforcement personnel or legally-authorized military person- nel while in performance of their duties, or b) Students with legally issued concealed weapons permits may store their weapons in vehicles parked in accordance with 9.41.050 on campus provided the vehicle is locked and the weapon is concealed from view, or c) The president or his delegate may authorize possession of a weapon on campus upon a showing that the weapon is reasonably related to a legitimate pedagogical purpose. Such permission shall be in writing and shall be subject to any terms or conditions incorporated therein. 9. Hazing. Hazing includes, but is not limited to, any initiation into a student organization or any pastime or amusement engaged in with respect to such an orga- nization that causes, or is likely to cause, bodily danger or physical harm, or serious mental or emotional harm, to any student. 10. Alcohol, Drug, and Tobacco Violations. a) Alcohol. The use, possession, delivery, sale, or being visibly under the influence of any alcoholic beverage, except as permitted by law and applicable college policies. b) Marijuana. The use, possession, delivery, sale, or being visibly under the influence of marijuana or the psychoactive compounds found in marijuana and intended for human consumption, regardless of form. While state law permits the recreational use of marijuana, federal law prohibits such use on college premises or in connection with college activities. c) Drugs. The use, possession, delivery, sale, or being under the influence of any legend drug, including anabolic steroids, androgens, or human growth hormones as defined in 69.41, or any other controlled substance under 69.50, except as prescribed for a student\u2019s use by a licensed practitioner. d) Tobacco, electronic cigarettes and related products. The use of tobacco, electronic cigarettes, and related products in any building owned, leased or operated by the college or in any location where such use is prohibited, including twenty-five feet from entrances, exits, windows that open, and ventilation intakes of any building owned, leased or operated by the college. \u201cRelated products\u201d include, but are not limited to cigarettes, pipes, bidi, clove cigarettes, water pipes, hookahs, chewing tobacco, and snuff. 11. Lewd Conduct. Conduct which is lewd or obscene. 12. Discriminatory conduct. Discriminatory conduct which harm or adversely affect any member of the college community because of her/his race; color; national origin; sensory, mental or physical disability; use of a service animal; gender, including preg- nancy; marital status; age; religion; creed; genetic information; sexual orientation; gender identity; veteran status; or any other legally protected classification. 13. Sexual Misconduct. The term \u201csexual misconduct\u201d includes sexual harassment, sexual intimidation, and sexual violence. a) Sexual Harassment. The term \u201csexual harassment\u201d means unwelcome conduct of a sexual nature, including unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature that is sufficiently serious as to deny or limit, and that does deny or limit, based on sex, the ability of a student to participate in or benefit from the college\u2019s educational program or that creates an intimidating, hostile, or offensive environment for other campus community members. b) Sexual Intimidation. The term \u201csexual intimidation\u201d incorporates the defini- tion of \u201csexual harassment\u201d and means threatening or emotionally distressing 73 college policies student code conduct based on sex, including, but not limited to, nonconsensual recording of sexual activity or the distribution of such recording. c) Sexual violence. \u201cSexual violence\u201d is a type of sexual harassment and includes non-consensual intercourse, non-consensual sexual contact, sexual coercion, sexual exploitation, and stalking. The term further includes acts of dating or domestic violence. i) Consent requires knowing, voluntary and clear permission by word or action, to engage in mutually agreed upon sexual activity. Each party has the responsibility to make certain that the other has consented before engaging in the activity. For consent to be valid, there must be at the time of the act of sexual intercourse or sexual contact actual words or conduct indicating freely given agreement to have sexual intercourse or sexual contact person may be incapable of giving consent by reason of age, threat or intimidation, lack of opportunity to object, disability, drug or alcohol consumption, or other cause. ii) Nonconsensual sexual intercourse is any sexual intercourse (anal, oral, or vagi- nal), however slight, with any object, by a person upon another person, that is without consent and/or by force. Sexual intercourse includes anal or vaginal penetration by a penis, tongue, finger, or object, or oral copulation by mouth to genital contact or genital to mouth contact. iii) Nonconsensual sexual contact is any intentional sexual touching, however slight, with any object, by a person upon another person that is without consent and/or by force. Sexual touching includes any bodily contact with the breasts, groin, mouth, or other bodily orifice of another individual, or any other bodily contact in a sexual manner. iv) Domestic violence includes asserted violent misdemeanor and felony offenses committed by the victim\u2019s current or former spouse, current or former cohabi- tant, person similarly situated under domestic or family violence law, or anyone else protected under domestic or family violence law. v) Dating violence means violence by a person who has been in a romantic or intimate relationship with the victim. Whether there was such relationship will be gauged by its length, type, and frequency of interaction. 74 college policies student code vi) Stalking means intentional and repeated harassment or following of another person, which places that person in reasonable fear that the perpetrator intends to injure, intimidate or harass that person. Stalking also includes instances where the perpetrator knows or reasonably should know that the person is frightened, intimidated or harassed, even if the perpetrator lacks such intent. 14. Harassment. Unwelcome and offensive conduct, including verbal, nonverbal, or physical conduct, that is directed at a person because of such person\u2019s protected status and that is sufficiently serious as to deny or limit, and that does deny or limit, the ability of a student to participate in or benefit from the college\u2019s educational program or that creates an intimidating, hostile, or offensive environment for other campus community members. Protected status includes a person\u2019s race; color; national origin; sensory, mental or physical disability; use of a service animal; gender, including pregnancy; marital status; age; religion; creed; genetic information; sexual orientation; gender identity; veteran status; or any other legally protected classifica- tion. See \u201cSexual Misconduct\u201d for the definition of \u201csexual harassment.\u201d Harassing conduct may include, but is not limited to, physical conduct, verbal, written, social media and electronic communications. 15. Retaliation. Retaliation against any individual for reporting, providing informa- tion, exercising one\u2019s rights or responsibilities, or otherwise being involved in the process of responding to, investigating, or addressing allegations or violations of federal, state or local law, or college policies, including, but not limited to, student conduct code provisions prohibiting discrimination and harassment. 16. Misuse of Electronic Resources. Theft or other misuse of computer time or other electronic information resources of the college. Such misuse includes but is not limited to: a) Unauthorized use of such resources or opening of a file, message, or other item; b) Unauthorized duplication, transfer, or distribution of a computer program, file, message, or other item; c) Unauthorized use or distribution of someone else\u2019s password or other identification; d) Use of such time or resources to interfere with someone else\u2019s work; e) Use of such time or resources to send, display, or print an obscene or abusive message, text, or image; f) Use of such time or resources to interfere with normal operation of the college\u2019s computing system or other electronic information resources; g) Use of such time or resources in violation of applicable copyright or other law; h) Adding to or otherwise altering the infrastructure of the college\u2019s electronic information resources without authorization; or i) Failure to comply with the college\u2019s electronic use policy. 17. Unauthorized Access. Unauthorized possession, duplication, or other use of a key, keycard, or other restricted means of access to college property, or unauthorized entry onto or into college property. 18. Safety Violations. Safety violation includes any non-accidental conduct that inter- feres with or otherwise compromises any college policy, equipment, or procedure relating to the safety and security of the campus community, including tampering with fire safety equipment and triggering false alarms or other emergency response systems. 19. Violation of Other Laws or Policies. Violation of any federal, state, or local law, rule, or regulation or other college rules or policies, including college traffic and parking rules. 20. Ethical Violation. The breach of any generally recognized and published code of ethics or standards of professional practice that governs the conduct of a particular profession for which the student is taking a course or is pursuing as an educational goal or major. In addition to initiating discipline proceedings for violation of the student conduct code, the college may refer any violations of federal, state or local laws to civil and criminal authorities for disposition. The college shall proceed with student disciplinary proceedings regardless of whether the underlying conduct is subject to civil or criminal prosecution. The full Student Code Policy can be viewed at: 75 Academic Concentration Specialization in one academic discipline or field of study is called \u201cacademic concentration\u201d at BC; also see \u201cmajor.\u201d Academic Year Usually this refers to the September\u2013June school year. In some cases it refers to the entire year. Accreditation Certification that a school or an instruc- tional program meets standards set by an outside reviewing organization. Many forms of financial aid are available only to students attending accredited institutions. Admission Approval for a student to attend an educational institution. The admission process usually involves an application form and may require transcripts or other supporting documents. Application The first step in requesting admission to an institution of higher education. Usually there is a form to fill out by a certain deadline; sometimes there is an applica- tion fee to pay. Articulation formal agreement between high schools and colleges or between commu- nity/technical colleges and baccalaureate institutions, designed to make it easy for students to move from one educational level to the next without any gaps or repetition in their coursework. Assessment method of determining a student\u2019s knowledge or skill level, such as an exam, often taken to find his or her best placement or starting level in a series of courses in English, foreign languages, math, or science. At BC, assessment also refers to determining skills and abilities as learning outcomes in the college\u2019s general educa- tion program. Associate Degree diploma earned after successfully completing a required program of study in a community or technical college. It typically requires 90 or more credits and takes two years of full-time study. Some associate degrees enable students to transfer to baccalaureate colleges and universities, others prepare students to go right into the workforce in a professional/ technical field. Audit student who audits a course formally registers for it and attends class sessions but earns no credit and has no obligation to complete homework projects or take tests. 76 college survival guide Baccalaureate or Bachelor\u2019s Degree baccalaureate institution, is a college or university which is entitled to grant a baccalaureate or bachelor\u2019s degree. Basic skills Usually refers to a level of competency \u2013 specifically in reading, writing, and math- ematics \u2013 which is required for successful college-level work in all fields of study. Catalog comprehensive resource published which lists college regulations, program and course descriptions, degree and graduation requirements, transfer requirements, and other essential infor- mation. (Published annually at BC.) Certificate document granted by a college or university indicating that a student has successfully completed specified courses and requirements (compare with degree, which usually requires more time and coursework). Class Schedule (1 publication listing detailed course and section information (days, times, room numbers, etc.) for a specific semes- ter or quarter. (published quarterly at BC) (2) The specific courses that an individual student is taking or plans to take for a given semester or quarter. College-level Study Curricula and instruction that assume the student has already mastered certain skills and abilities and has the level of commitment needed for postsecondary school work. Compare to developmental- level study. At BC, college-level courses are num- bered 100 or above. Commencement The ceremony at the end of an academic year when students receive their degrees or diplomas (compare to graduation). Common Course Identifier Common Course Numbering The Common Course Numbering system identi- fies courses that are commonly shared among Washington community and technical colleges. Visit for more information. Competency In \u201ccompetency-based\u201d courses or instructional programs, students must demonstrate certain skills and abilities (instead of just earning passing grades in classes) before moving from one level to 77 college survival guide schedule for a particular quarter. See also withdrawal. eLearning (formerly Distance Learning or Distance Education) Instruction which does not require students to come to the campus; can include correspondence courses, televised or videotaped lectures, online courses (Internet and e-mail), etc. Elective course that is not required for a particu- lar instructional program. Many programs require a certain number of elective credits, and many recommend certain electives for students to choose from. Entry Code The 5-digit number students get from the division office allowing them to register for a class that requires prerequisites or \u201cpermission of instructor.\u201d at a school. At Evaluation (1) The process and standards by which an instructor judges a student\u2019s work and assigns a grade. (2) At BC, the process of determining that a student has met all requirements to complete a degree or certificate and is ready to graduate. Finals Week The last week in the academic quarter in which final exams are given. Normal class schedules often vary during finals week. Exam schedules are printed in the credit class schedule every quarter and also posted on the website (for example, exams/spring.as) for student convenience (Free Application for Federal Student Aid) The application required for students to be considered for federal student financial aid. The is processed free of charge and is used by most state agencies and colleges. There is a form for each academic year forms are available from high schools and on the website Freshman student in the first year of a typical four-year baccalaureate degree program (or one who has earned fewer than 45 quarter credits or 30 semester credits so far (General Education Development certificate representing the equivalent of a high-school diploma. the next or earning the final certificate or degree. Credit unit of measure for college work. Generally speaking, one credit hour represents one hour of classroom instruction each week for one term, plus the study time, homework, etc. that go along with it. Credit Load The total credit value of the courses a student is currently enrolled in. Curriculum (plural: curricula) (1) An established sequence of informa- tion to be learned, skills to be acquired, etc. in a specific course or in a complete instructional program. (2) Collectively, all the courses offered by a department, division, or college. Dean An academic administrator or official at a school, college, or university, especially one with responsibility for students or faculty. Degree rank conferred by a college or university and earned by a student who has suc- cessfully completed specified courses and requirements (compare with certificate, which usually requires less time and coursework). Developmental-level Study Instruction that helps students improve their English and math abilities and prepare them for college-level study. At BC, developmental-level courses are numbered 99 or below. Discipline (1 subject; field; branch of knowledge or learning (\u201che teaches in the related disciplines of physics and astronomy\u201d) (2) Orderly behavior (\u201cinstructors are responsible for maintaining discipline in their classrooms\u201d) (3) Correction or punishment for disorderly behavior (\u201cshe disrupted the class repeatedly, so the college will begin disciplinary action\u201d). Distribution Requirements Course requirements included in an instructional program to make sure that the student is well-rounded and gains some perspective outside his or her specific focus or major. Drop To cancel registration in a course after enrolling into it. Students often add and drop courses before settling on a class 78 college survival guide General Education At BC, a set of requirements designed to help every graduating student achieve competence in a variety of learning outcome areas. Grade formal indicator of a student\u2019s overall performance in a course, recorded on the official transcript. Traditional letter grades are \u201cA\u201d for outstanding achievement, \u201cB\u201d for high achievement, \u201cC\u201d for satisfactory achievement, etc. Grade Point Average (GPA) The is computed by multiplying the number value of the grade earned in each course (generally, A=4, B=3, C=2, D=1, F=0) times the number credits for each course, then dividing the result by the total number of credits taken. Grant type of financial aid that does not have to be paid back after the student leaves school. Grants are available through the federal government, state agencies, and educational institutions. Hybrid Course course that is partially held on campus and partially online. Incomplete temporary grade given to a student who is doing satisfactory work but is forced by illness or other emergency to miss an exam or a major assignment. The instructor and student arrange how and when the student will complete the work and have the \u201cI\u201d changed to a final letter grade. At BC, the student must finish the incomplete work within one academic quarter. Independent Study An arrangement that allows a student to earn college credit through individual study and research, usually planned with and supervised by a faculty member. Internship supervised short-term apprenticeship or temporary job in a real-world setting closely related to a student\u2019s field of study. The student may or may not be paid but earns college credit for the work experience. See also practicum. Junior student in the third year of a typical four-year baccalaureate degree program (or one who has earned 90-135 quarter credits or 60-90 semester credits so far). Late Start Classes Classes that begin after the official first week of the quarter. Learning Outcomes What students are expected to know and to be able to do as a result of their experi- ence at the college and, more specifically, as a result of completing their general education requirements. Lower Division The courses students are generally expected to complete during the first two years of a typical four-year baccalaureate degree program. Major Specialization in one academic discipline or field of study. At BC, this is called \u201cacademic concentration\u201d in a particular subject. North Campus As of spring 2011, BC\u2019s Continuing Education administration and classes are located in a facility in north Bellevue, just off 148th at 520. No-show student who registers into a course but never goes to class. At a no-show student will receive an \u201cF\u201d for the class on his or her transcript. Noncredit Courses or instructional programs which do not require extensive homework or examinations and which do not offer college credit. Students frequently take noncredit courses for basic skills improve- ment, job training or career enhance- ment, or personal enrichment. Once-a-week Classes Instruction which only requires students to come to the campus one day a week. Online Courses Instruction which does not require students to come to the campus and uses the Internet and/ or e-mail. Open Admissions The policy of some colleges to admit nearly all applicants, regardless of high school grades and admission test scores. It means different things at different schools. Community and technical col- leges in Washington State admit anyone who is over 18 or has a high school diploma or GED. Pass/Passing At most schools, a student will earn credit and \u201cpass\u201d a class with a grade of \u201cA\u201d through student who earns an \u201cF\u201d grade fails the class and earns no credit. Different schools have different 79 college survival guide standards, so a student who passes a class with a \u201cD\u201d may or may not be able to use that class to meet prerequisites or fulfill requirements. Placement The appropriate level to enter a series of courses, based on the student\u2019s skills (\u201csince she learned so much Spanish in high school, she can place into Spanish 201 in her first year at college\u201d); often used in the context of basic skills subjects such as mathematics or English composi- tion. See also assessment. Postsecondary Refers to all educational programs for students past high-school age; it includes community and technical colleges and job training programs as well as baccalaure- ate colleges and universities. Practicum course that includes job-related activi- ties and stresses the practical application of theory in a field of study. See also internship. Prerequisite course that must be completed (often with a certain minimum grade) or a skill that must be demonstrated before a student can enroll in a more advanced course (for example, first-year French is a prerequisite for second-year French). Professional/Technical course or instructional program that emphasizes job skills training for a particular field of work; often called \u201coccupational\u201d or \u201cvocational\u201d education and often contrasted with \u201cacademic\u201d or \u201ctransfer\u201d education. Refund Tuition and fees that are paid back to a student who has withdrawn from a course. At BC, the amount to be refunded depends on how many credits the student is taking and exactly when the student dropped the course(s). The refund policy and deadlines are published in each Credit Class Schedule. Register/Registration To sign up or enroll in a course or courses. \u201cRegistration activity\u201d includes enrolling, dropping/withdrawing, choosing \u201cpass/ fail\u201d in place of letter grades, making payments, etc. Requirements Minimum standards defined by the col- lege, for example for admission or gradu- ation. See also prerequisite; distribution requirements; general education. Resident For purposes of calculating a student\u2019s tuition and fees, someone who has lived 80 college survival guide in the state for a specified length of time as shown by specified types of evidence. Scholarship (1 type of financial aid grant. Organizations may give scholarships according to academic achievement, financial need, or any other basis. Usually there is a competitive application process. (2 person\u2019s ability and expertise in a particular discipline of study (\u201cI\u2019ve always admired Dr. Busacca\u2019s scholarship in Italian art and literature\u201d). Section specific class with its own unique days, hours, location, and instructor number of sections of a certain course may be offered during a quarter or semester, each with different days, times, locations, and instructors but presenting the same curriculum. Senior student in the fourth year of a typical four-year baccalaureate degree program (or one who has earned 135-180 quarter credits or 90-120 semester credits so far). Sophomore student in the second year of a typical four-year baccalaureate degree program (or one who has earned 45-90 quarter credits or 30-60 semester credits so far). Syllabus An outline plan for a particular class, including textbook requirements, class meeting dates, reading assignments, examination dates, the instructor\u2019s grad- ing standards, etc. Term unit of time that can refer to either a quarter or a semester, depending on which system the college or university follows (Test of English as a Foreign Language standardized test which assesses the English language abilities of students who are not native English-speakers. Transcript An official record of the courses and quar- ter credits a student has taken at a college or university, the grades and degrees or certificates earned, and any awards and honors received. Transfer To move from one college or university to another and have the second institution recognize and accept some or all of the courses taken and credits earned at the first. Tuition & Fees Tuition is a student\u2019s basic payment towards the cost of instruction at a col- lege or university. Most institutions also charge fees for laboratory equipment and materials, computer use, parking, and other miscellaneous costs. Undergraduate student who has not yet earned a bachelor\u2019s degree; also refers to the courses and instructional programs such a student enrolls in. Upper Division The courses students are generally expected to complete during the last two years of a typical four-year baccalaureate degree program. Wait List wait list offers students who sign up a fair and consistent method of being enrolled in a full class if openings occur. Waiver To waive a right or a claim is to voluntarily give it up. (1) If a student meets specific criteria, the college may waive some of his or her tuition and fees (that is, some of the money owed to the college will be forgiven). (2) If a student demonstrates certain knowledge and abilities, the college may waive a course prerequisite (that is, allow the student to take the class even though he or she hasn\u2019t completed the listed requirements for it). Withdrawal The process of formally dropping a class or classes after the quarter has started. Work-study type of financial aid which pays students to work part-time, often on campus, during the academic year OF... CALL: 81 9 1 1 \u27a7( 4 2 5 ) 5 6 4 - 2 4 0 0 \u27a7(4 2 5) 4 0 1 - 6 6 8 0 This section contains the steps to follow in case of fire, medical emergency, earthquake, or other crises. These procedures will help prevent or minimize injury to students, employees, and visitors. Please read and learn the steps for each emer- gency procedure. To follow each procedure correctly, learn the location of all first aid stations, fire alarm boxes, and fire extinguishers. The emergency maps posted in classrooms, offices, and stairwells show these items as well as the evacu- ation routes and assembly areas. At sites other than the main campus, call 911 first in any life-threatening situation. K100 (West of the Gymnasium, on main campus) 82 emergency procedures If Security or other emergency personnel direct you to evacuate any college building \u2013 1. Walk \u2013 do not run \u2013 to the nearest exit. 2. If you are on an upper floor, walk down the stairs. Do not use the elevators. 3. Evacuate to the outside of the building complex, toward the parking areas. (See the emergency map for the evacuation route and meeting location.) If you are on the main campus, do not evacuate into the central courtyards. 4. Assist disabled or injured persons who are not able to leave the area quickly by themselves. 5. Do not re-enter the buildings until Security or other emergency personnel advise you that it is safe. 6. Remain on campus until directed to leave If danger is imminent, call 911 first, and then call Public Safety. In the case of injury or some other medical emergency \u2013 1. Call Public Safety at ext. 2400 (or 564-2400 from a main campus public pay phone; it will be a free call). State that medical aid is needed and describe: \u0084 \u0084 your location, including the building and room number if you know them, \u0084 \u0084 the campus phone number from which you are calling, \u0084 \u0084 the location of the injured/sick person (if different from your location), \u0084 \u0084 the person\u2019s present condition (e.g., bleeding, breathing erratically, uncon- scious), \u0084 \u0084 the nature of the injury or medical problem if the person has been able to tell you what is wrong. 2. Public Safety will call an aid car if needed Security officer will arrive at the scene as soon as possible. 3. After calling Public Safety, return to the injured person; do not leave the scene or leave the injured person alone again. 4. Do not move the injured person. 5. Give first aid if you are qualified to do so. 6. If you are in doubt or are unable to reach Public Safety, call 911 from a pay phone (as a free call on the main campus) or 911 from a campus phone If you hear a fire alarm, evacuate immediately. If you see or suspect a fire and no alarm is sounding yet, then \u2013 1. Call Public Safety at ext. 2400 (564-2400 from a main campus public pay phone; it will be a free call). State that there is a fire and describe: \u0084 \u0084 your location, including the building letter and room number, \u0084 \u0084 the campus phone number from which you are calling, \u0084 \u0084 the exact location of the fire, \u0084 \u0084 the extent of the fire (small, large, etc.) and type of fire if you can identify it (wastepaper basket, electrical, chemical, etc.). 2. Public Safety will call the Fire Department Security officer will arrive at the scene as soon as possible. 3. If you are on the Main Campus, pull a manual fire alarm. See the emergency map for the nearest alarm box. 4. You may attempt to extinguish the fire yourself if you know how to do so (however, it is more important to avoid injuring yourself or others). See the emergency map for the closest fire extinguisher. 5. Evacuate the area. 6. If you are in doubt or are unable to reach Public Safety, call 911 from a main campus pay phone (as a free call) or 911 from a campus phone. 83 emergency procedures During the earthquake: 1. Stay calm and stay where you are. \u0084 \u0084 If you are indoors, stay indoors. Take shelter under a desk or table or along an inner wall. Move away from windows, outside walls, glass walls, or outside doors \u2013 these are danger areas. \u0084 \u0084 If you are outdoors, stay outdoors. Move away from overhead electrical wires, poles, or anything that may shake loose or fall. 2. Assist disabled or injured persons to find and stay in sheltered areas. 3. Remain in your sheltered area until the shaking stops, then evacuate the buildings if necessary (e.g., if there is power loss or serious damage). After the earthquake: 1. Be prepared for aftershocks, which may be as strong as the initial quake. 2. Evacuate the buildings if instructed to do so. After the \u201call clear,\u201d be very careful when re-entering any buildings. 3. Do not use any open flames until advised that there are no gas leaks. 4. Stay away from fallen or damaged electrical wires. 5. If there is a fire or serious injury, follow the steps given in those sections If danger is imminent, call 911 first, and then call Public Safety. If you see any violent or threatening behavior which you think is an immediate danger to people or property \u2013 1. Stay calm. 2. Secure your own safety and the safety of others around you. Remain where you are until it is clearly safe for you to leave the area. 3. Call Public Safety at ext. 2400 and 911. (From a main campus pay phone dial 564-2400 or 911; the calls will be free.) Describe the following: \u0084 \u0084 the location where the incident took place/is taking place, \u0084 \u0084 the individual(s) involved in the violence (physical features, clothing, etc.), and \u0084 \u0084 any weapons involved. 4. Cooperate with Public Safety and with local law enforcement personnel when they have responded to the call and taken control of the situation. 5. If you are a witness, be prepared to make a statement describing what you saw, what happened when, etc If you deal with hazardous substances as part of a work assignment or course of study, be aware of the dangers and follow appropriate safety procedures at all times. If there is an accident involving the hazardous substances, follow the steps listed here. 1. If you notice something out of place that you can\u2019t readily identify \u2013 a suspicious object, odor, spilled or leaking liquid or powder, etc. \u2013 it\u2019s best to treat it as a hazardous substance until proven otherwise. 2. In the case of a suspicious odor, open doors & windows, turn off any fans, then evacuate the area immediately. 3. In the case of a suspicious object, powder, or liquid, 4. Do not disturb it, touch it, or sniff it; 5. Do not smoke or strike a light near it, and extinguish any open flames nearby; 6. Turn off electrical equipment near it (especially fans); 7. Secure or block off the area around it. 8. Call Public Safety at ext. 2400 (or 564-2400 from a public pay phone; it will be a free call). Describe the hazardous substance and its location. 9. If you are in doubt or are unable to reach Public Safety, call 911 from a pay phone (as a free call) or 911 from a campus phone. If you see a suspicious object on campus: 1. Stay calm. 2. Call Public Safety at ext. 2400 (or 564-2400 from a main campus public pay phone; it will be a free call). Describe the object and its location. 84 emergency procedures \u27a7Call the 24 hour recorded message: (425) 401-6680 \u27a7Subscribe to receive automated text message or e-mail alerts (students and employees only) \u27a7Browse to schoolreport.org or other regional news sources 3. Follow instructions concerning securing or evacuating the area. 4. Do not touch or disturb the suspicious object. 5. Do not touch or operate electrical appliances or circuitry near it. 6. Do not operate radio communications equipment near it. 7. Do not smoke near it. 8 Public Safety officer will arrive as soon as possible. Public Safety will contact local law enforcement and emergency response agencies if necessary. 9. If you are in doubt or are unable to reach Public Safety, call 911 from a pay phone (as a free call) or 911 from a campus phone Severe weather conditions or damage resulting from fire, earthquake, or other disas- ters may require the college to close. The President or her designee is responsible for making the decision to cancel classes and/or close all college offices. If the conditions develop during a regular working day, efforts will be made to notify all faculty, staff, and students present at that time. Off-campus notifications (radio stations, message line, website, alert system) will begin immediately. If the conditions develop on a weekday evening and a decision is made to close the campus, the evening administrator on main campus and the evening coordinator at off-campus sites will be notified and will inform faculty, staff, and students present at that time. Off-campus notifications will begin. If the conditions develop overnight or over a weekend, the President or designee will notify senior administrative staff as soon as possible before 10:00 pm or after 5:00 am. To find out if the college is closed: \u0084 \u0084 call (425) 401-6680 for a recorded message; or \u0084 \u0084 check the website or \u0084 \u0084 tune in to local radio stations. It is recommended, for your convenience, that you sign up for the e-mail and text message Alert System. 85 Student Affairs Building (East Wing of Bldg Student Union Building (South Half of Bldg Professional/Technical Degree or Certificate Program Professional/Technical Program with Selective Admissions Requirements Health Sciences, Education & Wellness Institute Institute for Business & Information Technology Academic Advising B231 (425) 564-2212 Student Affairs Academic Success Center D204 (425) 564-2200 Science / Arts & Humanities Academic Tutoring D204 (425) 564-2468 Science Accounting A254 (425) 564-2311 Administration of Criminal Justice + D110 (425) 564-2331 Social Science Admissions & Registration B123 (425) 564-2222 Student Affairs Adult Basic Education R230 (425) 564-2341 Arts & Humanities Alcohol & Drug Counseling + T308 (425) 564-2012 Allied Health + T308 (425) 564-2012 Anthropology D110 (425) 564-2331 Social Science Applied Linguistics & Language R230 (425) 564-3134 Arts & Humanities Art R230 (425) 564-2341 Arts & Humanities Student Government C212 (425) 564-6150 Student Programs Athletics/Intramural Sports G100, Gym (425) 564-2351 Bookstore B127 (425) 564-2285 Student Affairs Business Administration \u2013 Transfer D110 (425) 564-2331 Social Science Business Management + A254 (425) 564-2311 Business Technology Systems + A254 (425) 564-2311 Cafeteria C134 (425) 564-2291 Admin. Services Campus Activities Board C212 (425) 564-2448 Student Programs 86 directory contact info Student Affairs Building (East Wing of Bldg Student Union Building (South Half of Bldg Professional/Technical Degree or Certificate Program Professional/Technical Program with Selective Admissions Requirements Health Sciences, Education & Wellness Institute Institute for Business & Information Technology Career Education Options (CEO) B233 (425) 564-4034 Student Affairs Cashiering B126 (425) 564-2309 Finance Center for Career Connections B231 (425) 564-2279 Student Affairs Communication Studies R230 (425) 564-2341 Arts & Humanities Computer Lab (Open Lab) N250 Bldg (425) 564-3960 Technical Support Services Computer Science \u2013 Transfer L200 (425) 564-2321 Science Continuing Education North Campus (425) 564-2263 Workforce Development Continuing Nursing Education T208 (425) 564-2012 Counseling Center B234 (425) 564-2212 Student Affairs Cultural & Ethnic Studies D110 (425) 564-2331 Social Science Dance (Theatre Arts) R230 (425) 564-2341 Arts & Humanities Database Administration + A254 (425) 564-2311 Developmental Education R230 (425) 564-2341 Arts & Humanities Diagnostic Ultrasound # T208 (425) 564-2316 Digital Media Arts Animation & Graphics +, Gaming +, Video Production + A254 (425) 564-2311 Disability Resource Center B132 (425) 564-2498 Student Affairs line (425) 564-4110 Drama (Theatre Arts) R230 (425) 564-2341 Arts & Humanities E-Commerce + A254 (425) 564-2311 Early Learning Center Bldg (425) 564-2240 Admininstrative Services Early Learning & Teacher Education + T308 (425) 564-2674 Economics D110 (425) 564-2331 Social Science eLearning A202 (425) 564-2438 Instruction Emergency Services K100 (425) 564-2400 Public Safety Emergency Closure \u2013 Message Line (425) 401-6680 Public Safety Engineering L200 (425) 564-2321 Science English R230 (425) 564-2341 Arts & Humanities English as a Second Language R230 (425) 564-2341 Arts & Humanities Evaluation/Graduation Office B125 (425) 564-3106 Student Affairs Experiential Learning R230 (425) 564-2341 Arts & Humanities Exploratory/Undecided Majors B234 (425) 564-2212 Counseling Center 87 directory contact info Student Affairs Building (East Wing of Bldg Student Union Building (South Half of Bldg Professional/Technical Degree or Certificate Program Professional/Technical Program with Selective Admissions Requirements Health Sciences, Education & Wellness Institute Institute for Business & Information Technology Financial Aid B123 (425) 564-2227 Student Affairs Fitness Center G100, Gym (425) 564-2380 Physical Education Geography D110 (425) 564-2331 Social Science Healthcare Technology & Management T208 (425) 564-2012 Health G100, Gym (425) 564-2351 Health Sciences, Education & Wellness Institute (HSEWI) Division Office T208 (425) 564-2012 High School Programs B233 (425) 564-2026 Student Affairs History D110 (425) 564-2331 Social Science Human Development B234 (425) 564-2212 Counseling Center Imaging + T208 (425) 564-2012 Information Systems & Technology A254 (425) 564-2311 Information Technology + A254 (425) 564-2311 Interdisciplinary Studies R230 (425) 564-2341 Arts & Humanities Interior Design R230 (425) 564-2341 Arts & Humanities Interior Design + R230 (425) 564-2341 Arts & Humanities Institute for Business & Information Technology (iBIT) A254 (425) 564-2311 International Studies D110 (425) 564-2331 Social Science Library Media Center D126 (425) 564-2252 Educational Services Life Sciences Biology, Botany, Environmental Science, Oceanography L200 (425) 564-2321 Science Life Science Informatics Center North Campus (425) 564-4182 Instruction Mathematics L200 (425) 564-2321 Science Math Lab D204 (425) 564-2492 Mathematics Multicultural Services (MCS) B233 (425) 564-2208 Student Affairs Music R230 (425) 564-2341 Arts & Humanities Networking Services A254 (425) 564-2311 Nuclear Medicine Technology # T208 (425) 564-2316 Nursing \u2013 Associate Degree # T208 (425) 564-2012 Nursing T208 (425) 564-2012 Office of International Education & Global Initiatives House 6 (425) 564-3185 Student Affairs 88 directory contact info Student Affairs Building (East Wing of Bldg Student Union Building (South Half of Bldg Professional/Technical Degree or Certificate Program Professional/Technical Program with Selective Admissions Requirements Health Sciences, Education & Wellness Institute Institute for Business & Information Technology Open House C212 (425) 564-6150 Student Programs Opportunity Grant B131 (425) 564-4178 Workforce Education Center C106 (425) 564-2297 Student Programs Parent Education T308 (425) 564-2366 Philosophy R230 (425) 564-2341 Arts & Humanities Physical Education G100, Gym (425) 564-2351 Physical Sciences > Astronomy, Chemistry, Geology, Meteorology, Physics L200 (425) 564-2321 Science Political Science D110 (425) 564-2331 Social Science Programming + A254 (425) 564-2311 Psychology D110 (425) 564-2331 Social Science Public Safety K100 (425) 564-2400 Campus Operations Radiation & Imaging Sciences T308 (425) 564-2316 Radiation Therapy # T208 (425) 564-2316 Radiologic Technology # T208 (425) 564-2316 Reading Lab D204 (425) 564-2494 English Sociology D110 (425) 564-2331 Social Science Student Business Center C105 (425) 564-2297 Student Programs Student Programs Office C212 (425) 564-6150 Student Programs Technical Support + A254 (425) 564-2311 Testing Services B132 (425) 564-2243 Student Affairs Transcripts/Student Records B125 (425) 564-2222 Student Affairs Translation & Interpretation North Campus (425) 564-3171 Continuing Education Travel Study Abroad R230 Arts & Humanities TRiO Student Support Services B234 (425) 564-5745 Student Affairs Veteran\u2019s Office B125M (425) 564-2220 Student Affairs Wireless Technology + A254 (425) 564-2311 Women\u2019s Center, The B231 (425) 564-2279 Student Affairs Workforce Education B131 (425) 564-4054 Workforce Development Worker Retraining N211 (425) 564-4054 Workforce Development WorkFirst B131 (425) 564-4178 Workforce Education World Languages American Sign Language, Arabic, Chinese (Mandarin), French, German, Italian, Japanese, Spanish R230 (425) 564-2341 Arts & Humanities Writing Lab D204 (425) 564-2493 English 89 Academic Advising....................................................14 Academic Forgiveness Policy......................................59 Academic Progress.....................................................59 Academic Service Learning........................................50 Academic Success Center...........................................38 Accidents and Theft...................................................69 Admissions................................................................12 Alert System..............................................................31 Alumni Outreach.......................................................50 Animals on Campus...................................................60 Art Gallery.................................................................54 ASBC..........................................................................45 ASG...........................................................................45 Athletics....................................................................56 ATM...........................................................................24 AutoCAD Design Lab..................................................39 Basic Skills Lab..........................................................39 Bicycling....................................................................22 Bookstore..................................................................24 Bulletin Boards..........................................................24 Bus Passes.................................................................25 Cafeteria....................................................................25 Campus Activities Board (CAB)...................................47 Campus Closures........................................................84 Career Education Options (CEO)..................................17 Carpooling / RideMatch....................................... 22, 68 Cashiering.................................................................14 Center for Career Connections....................................25 Chartered Clubs.........................................................52 Children on Campus...................................................60 Cisco Labs..................................................................39 Classroom Behavioral Standards................................60 Class Schedules..........................................................35 College Survival Guide...............................................75 Common Course Numbering......................................15 Complaint Policy...................................................60-63 Computer & Learning Labs.........................................38 Computer Kiosks........................................................25 Continuing Education................................................15 Copying and Printing.................................................35 Copy Machines...........................................................26 Copyright and Fair Use Policy.....................................63 Copyrighted Digital Materials....................................63 Counseling Center......................................................24 Dance........................................................................55 Degree Audit.............................................................16 Developmental Math Lab...........................................39 Digital Music Lab.......................................................39 Disability Resource Center..........................................26 Discrimination, Harassment and Retaliation..............64 Disclosure of Social Security Numbers........................64 Drug-Free Environment.............................................64 Early Learning Center.................................................26 eLearning..................................................................16 E-Mail Accounts.........................................................27 Emergency Procedures/Response...............................81 Enterprise CarShare...................................................22 Equal Opportunity................................................. 5, 65 Evaluations/Graduation Office....................................16 Evening Student Affairs.............................................16 Family Education Rights and Privacy Act (FERPA)..................................................................65 Fax Service................................................................36 Financial Aid..............................................................16 Financial Responsibilities...........................................66 First Year Experience (FYE).........................................14 Fitness Center............................................................27 Food Stamps..............................................................33 Testing................................................................27 Grading.....................................................................66 Hazing.......................................................................68 High School Programs................................................17 Honor Society: Phi Theta Kappa.................................50 Housing.....................................................................17 Identification Cards OneCard)..............................35 Information Technology/ Technical Support Lab............................................40 Intensive English.......................................................41 Intramural Sports and Sports Clubs............................56 Interior Design Student Association...........................50 International Student Programs.................................28 Job Center.................................................................39 Library Media Center (LMC).......................................41 Lost and Found..........................................................31 Mailing services.........................................................35 Main Campus Map..............................Inside Back Cover Mediated Math Lab...................................................40 Microwave Ovens.......................................................35 Model United Nations................................................50 Movie Tickets.............................................................35 Multicultural Services................................................28 Music.........................................................................54 North Campus............................................................29 Nursing Skills Lab......................................................42 Ombuds Office...........................................................29 Online Registration.............................................. 13, 20 Online Services..........................................................30 Open Computer Lab...................................................42 Open House for New Students...................................18 Opportunity Grant.....................................................33 Center..................................Inside Front Cover, 35 Parking and Traffic Regulation...................................68 Parking on Campus....................................................18 Parking Permits.........................................................68 Phi Theta Kappa (Honor Society)................................50 Physics Labs..............................................................42 Posting......................................................................69 Projected Annual Course Offerings.............................20 Public Safety.............................................................31 Radio Station KBCS....................................................31 Reading Lab..............................................................38 90 index Refunds and Administrative Fees, Refund Procedures....69 Registration Services.................................................20 Remote Access to Student Information.................36 Science Study Center.................................................42 Setting up your e-mail account..................................32 Sexual Harassment....................................................70 Smoking on Campus..................................................70 Speech & Debate Society...........................................51 Sports........................................................................56 Stamps......................................................................28 Student Business Center............................................35 Student Clubs............................................................51 Student Code.............................................................71 Student Government.................................................45 Student Handbook.....................................................36 Student ID.................................................................35 Student Insurance.....................................................51 Student Leadership Institute......................................48 Student Meeting Rooms............................................35 Student Newspaper: The Watchdog............................51 Student Programs......................................................45 Student Records........................................................21 Student Right to Know Act........................................58 Student Rights and Freedoms....................................71 Student Affairs...........................................................20 Student Technology Support Center...........................32 Student Union Services..............................................34 Sustainability............................................................51 Testing Services.........................................................21 Television Station......................................................32 Theatre Arts...............................................................55 Transcripts.................................................................21 Transportation...........................................................22 TRiO Student Support Services...................................32 Vending Machines.....................................................35 Vendor Policy.............................................................74 Veterans\u2019 Office..........................................................32 Waitlist......................................................................22 Wellness Center.........................................................33 Wireless Network.......................................................32 Withdrawing from Classes.........................................74 Women\u2019s Center.........................................................25 Worker Retraining Program.......................................33 WorkFirst Program.....................................................33 Workforce Education..................................................33 Writing Lab...............................................................38 91 index 92 2 Empowering students to contribute to our community as better world citizens. 93 . . . 94 95 96 Landerholm Circle Tyee River Road Snoqualmie River Road Coa l Cr ee k Ro a d Kelsey Creek Road 19 18 16 17 10C 4 6 8 10 12 13 B3 B2 B1 14 C3 C5 C7 D1 F2 C8 C6 C4 C2 C1 15 C10 C12 D2 2 House 6 House 1 House 4 House 5 South Entrance Flagpole Student Union Cafeteria Student A\ufb00 airs Store Stopgap Theater Carlson Theater Social Science Division O\ufb00 ice (D110) Health Sciences, Education & Wellness Institute (HSEWI) Division O\ufb00 ice (T208) Computer Lab Arts & Humanities Division O\ufb00 ice (R230) Science Division O\ufb00 ice (L200) Gymnasium Library Parking Garage Fitness Center Institute for Business & Information Technology (iBIT) Division O\ufb00 ice (A254 3000 Landerholm Circle SE, Bellevue 98007 HELP? CALL: Information.......................(425) 564-1000 North Campus....................(425) 564-4000 Public Safety.....................(425) 564-2400 Student Affairs...................(425) 564-2222 Technology Help Desk........(425) 564-4357 For more information, visit: 145th Place 20 North Entrance Admissions....... Advising.......................................... Athletics......................................... Campus Life................................. Campus Services............................. Class Schedule.................................. Course Descriptions.................... Degree & Certificates................... Registration............. Student Programs.............................", "8343_104.pdf": "August 16, 2018 By Lynsi Burton, SeattlePI Updated 4:09 pm PDT, Tuesday, August 14, 2018 Editor\u2019s note: SeattlePI is withholding the plaintiff\u2019s name to protect her privacy. After S.R. began working at Bellevue College in 2009, as a front desk representative for the Assistant Dean for Student Programs, she was promoted quickly from a summertime to a full-time worker, then a full- fledged personal assistant to the official. Then the grooming began by former assistant dean Faisal Jaswal, attorneys claimed in a lawsuit filed last week. The 54-year-old gave her presents, asked her to drive him to work, discussed personal and sexual subjects with her, took her out to dinner and brought her on overnight \u201cwork\u201d events Privacy - Terms In October 2010, the behavior developed into sexual abuse, which would persist for nearly six years and escalate to stalking, manipulation and frequent abuse, S.R. contends in the suit. S.R. filed the suit against Bellevue College last week, claiming the school \u2014 and by extension, Washington state \u2014 fostered a hostile work environment by failing to protect S.R. from a man who\u2019s been the subject of multiple sexual harassment complaints by students and employees. S.R., now 29, has the mental capacity of a 14-year-old due to intellectual delays, according to the lawsuit. That made her ripe for manipulation, says her attorney, Julie Kays. And because S.R. was also a student, the school knew about her intellectual limitations, she added. \u201cWhen you have complaints swirling around and you place a vulnerable person in a position with him where he is a superior \u2026 it\u2019s a recipe for disaster,\u201d Kays said. \u201cGiven what they knew about [S.R.], given what they knew on the assistant dean, why on earth had they not done something sooner?\u201d Jaswal allegedly told S.R. that he would fire her if she were to report the sexual assault. \u201cEach time the intellectually disabled [S.R.] tried to extricate herself from Assistant Dean Jaswal\u2019s sexual assault, he threatened her job,\u201d the complaint reads. \u201cHe expressly told her, over and over again, \u2018If you tell you will be fired.'\u201d That threat was very real to her, Kays said. \u201cHe really manipulated her belief system to the point that she didn\u2019t feel she could stand up for herself,\u201d she added. \u201cShe didn\u2019t know how to and she felt like she was trapped.\u201d Even before S.R. finally came forward herself, her co-workers banded together in 2014 or 2015 and told Bellevue College authorities they were concerned that Jaswal was taking advantage of her and acting inappropriately toward her. Other employees also reported concerns that he sexually harassed other students and employees, according to the lawsuit. \u201cThis was the worst-kept secret in the department,\u201d Kays said. S.R. reported the abuse in August 2016. Since then, the attorneys say at least two more complaints surfaced against Jaswal for \u201cinappropriate\u201d conduct 2017 Bellevue Police Department case remains open, the agency confirmed. But the incident report is not available for public viewing because it\u2019s still under investigation. However, S.R. petitioned for a domestic violence protection order against Jaswal last year, alleging he has threatened her life and physically harms her when she does something he doesn\u2019t like. She also contended that he threatened to force her into prostitution and kill female relatives of hers. He forced her to wear a dog collar and leash, moved into the apartment above hers and raped her multiple times a day, she claimed. She also said he stalked her, monitoring her social media accounts and tracking her whereabouts. \u201cFear of losing my job was the only reason had sex with Mr. Jaswal,\u201d she wrote. In response to the protection order, Jaswal was forced to surrender his five firearms, court records show. An attorney for Jaswal listed on the protection order did not immediately respond to requests for comment from SeattlePI. Jaswal no longer works at Bellevue College statement from the college said it had \u201cremoved\u201d him; S.R.\u2019s attorneys claim he was placed on paid administrative leave after S.R.\u2019s report and that he was allowed to retire months later state employee salary database indicates Jaswal was slated to make $100,300 in 2017. The Bellevue College statement, while declining to comment on the lawsuit itself, also indicated it hired an \u201cindependent investigator\u201d to review sexual harassment and misconduct reports against Jaswal. Read the full article", "8343_105.pdf": "Multiple people have complained against the man, attorneys claim By Lynsi Burton, SeattlePI Aug 14, 2018 Lawsuit: Former Bellevue College dean raped assistant for years former student and employee at Bellevue College claims that a former assistant dean at the school raped her, assaulted her and stalked her for nearly six years. Watch More 2/22/25, 6:02 Lawsuit: Former Bellevue College dean raped assistant for years 1/12 Editor's note: SeattlePI is withholding the plaintiff's name to protect her privacy. After S.R. began working at Bellevue College in 2009, as a front desk representative for the Assistant Dean for Student Programs, she was promoted quickly from a summertime to a full-time worker, then a full-fledged personal assistant to the official Article continues below this ad - Watch More 2/22/25, 6:02 Lawsuit: Former Bellevue College dean raped assistant for years 2/12 Then the grooming began by former assistant dean Faisal Jaswal, attorneys claimed in a lawsuit filed last week. The 54-year-old gave her presents, asked her to drive him to work, discussed personal and sexual subjects with her, took her out to dinner and brought her on overnight \"work\" events used to think could trust you': Ex-Seattle cop gets 23+ years for serial child rape In October 2010, the behavior developed into sexual abuse, which would persist for nearly six years and escalate to stalking, manipulation and frequent abuse, S.R. contends in the suit. S.R. filed the suit against Bellevue College last week, claiming the school -- and by extension, Washington state -- fostered a hostile work environment by failing to protect S.R. from a man who's been the subject of multiple sexual harassment complaints by students and employees. S.R., now 29, has the mental capacity of a 14-year-old due to intellectual delays, according to the lawsuit. That made her ripe for manipulation, says her attorney, Julie Watch More 2/22/25, 6:02 Lawsuit: Former Bellevue College dean raped assistant for years 3/12 Kays. And because S.R. was also a student, the school knew about her intellectual limitations, she added. \"When you have complaints swirling around and you place a vulnerable person in a position with him where he is a superior ... it's a recipe for disaster,\" Kays said. \"Given what they knew about [S.R.], given what they knew on the assistant dean, why on earth had they not done something sooner?\" Jaswal allegedly told S.R. that he would fire her if she were to report the sexual assault. \"Each time the intellectually disabled [S.R.] tried to extricate herself from Assistant Dean Jaswal's sexual assault, he threatened her job,\" the complaint reads. \"He expressly told her, over and over again, 'If you tell you will be fired Article continues below this ad That threat was very real to her, Kays said. \"He really manipulated her belief system to the point that she didn't feel she could stand up for herself,\" she added. \"She didn't know how to and she felt like she was trapped.\" Watch More 2/22/25, 6:02 Lawsuit: Former Bellevue College dean raped assistant for years 4/12 RELATED: Ex rower gets 3 days, community service for sharing explicit images of classmates Even before S.R. finally came forward herself, her co-workers banded together in 2014 or 2015 and told Bellevue College authorities they were concerned that Jaswal was taking advantage of her and acting inappropriately toward her. Other employees also reported concerns that he sexually harassed other students and employees, according to the lawsuit Article continues below this ad \"This was the worst-kept secret in the department,\" Kays said. S.R. reported the abuse in August 2016. Since then, the attorneys say at least two more complaints surfaced against Jaswal for \"inappropriate\" conduct 2017 Bellevue Police Department case remains open, the agency confirmed. But the incident report is not available for public viewing because it's still under investigation. However, S.R. petitioned for a domestic violence protection order against Jaswal last year, alleging he has threatened her life and physically harms her when she does Watch More 2/22/25, 6:02 Lawsuit: Former Bellevue College dean raped assistant for years 5/12 something he doesn't like. She also contended that he threatened to force her into prostitution and kill female relatives of hers Article continues below this ad He forced her to wear a dog collar and leash, moved into the apartment above hers and raped her multiple times a day, she claimed. She also said he stalked her, monitoring her social media accounts and tracking her whereabouts. \"Fear of losing my job was the only reason had sex with Mr. Jaswal,\" she wrote. In response to the protection order, Jaswal was forced to surrender his five firearms, court records show. An attorney for Jaswal listed on the protection order did not immediately respond to requests for comment from SeattlePI Article continues below this ad Watch More 2/22/25, 6:02 Lawsuit: Former Bellevue College dean raped assistant for years 6/12 Jaswal no longer works at Bellevue College statement from the college said it had \"removed\" him; S.R.'s attorneys claim he was placed on paid administrative leave after S.R.'s report and that he was allowed to retire months later state employee salary database indicates Jaswal was slated to make $100,300 in 2017. The Bellevue College statement, while declining to comment on the lawsuit itself, also indicated it hired an \"independent investigator\" to review sexual harassment and misconduct reports against Jaswal. RELATED: Lawmaker fired from after misconduct investigation Latest Seattle videos Latest Seattle videos Seattle Post-Intelligencer Watch More 2/22/25, 6:02 Lawsuit: Former Bellevue College dean raped assistant for years 7/12 \"Bellevue College does not tolerate harassment, discrimination, retaliation or the misuse of positions of power,\" the statement read. \"... Nevertheless, we will continue to review safeguards we have in place while providing a structure that encourages students and staff to come forward at the first indication of wrongdoing Article continues below this ad They did not detail specifics of the disciplinary action, if any, taken against Jaswal. Watch More 2/22/25, 6:02 Lawsuit: Former Bellevue College dean raped assistant for years 8/12 Official Media Statement August 2018 We are aware that a lawsuit has been filed against the college but cannot discuss the particulars of this since it is in active litigation. Nevertheless, we can say that once we were made aware, we took several steps including hiring an independent investigator to review reports of sexual harassment and misconduct. Additionally, we removed the college employee accused of harassment. Bellevue College does not tolerate harassment, discrimination, retaliation or the misuse of positions of power. We are a diverse and inclusive higher education community and are deeply troubled when there are reports of behaviors inconsistent with our values. Bellevue College has stringent policies and procedures regarding sexual harassment and anti- discrimination that ensure swift action once we are aware of a situation. Nevertheless, we will continue to review safeguards we have in place while providing a structure that encourages students and staff to come forward at the first indication of wrongdoing. # # # Download this 1 of 1 2015 Bellevue College magazine feature says Jaswal first joined the school as a student from Pakistan in 1982, then helped form its international student program and served as its director for nine years. He took on several other leadership roles before becoming assistant dean of Student Programs. He also possesses an online presence as a DeLorian enthusiast and recreational pilot. S.R. since left Bellevue College, Kays said. Her experience at the school rendered her emotionally fragile and compromised her ability to maintain healthy relationships with men Watch More 2/22/25, 6:02 Lawsuit: Former Bellevue College dean raped assistant for years 9/12 Aug 14, 2018 Lynsi Burton Lynsi was a reporter for SeattlePI. She covered cops and courts. Article continues below this ad She wrote in her protection order petition that she attempted suicide several times and finally moved in with her father to get away from Jaswal. SeattlePI reporter Lynsi Burton can be reached at 206-448-8381 or [email protected]. Follow her on Twitter at @LynsiBurton_PI. Find more from Lynsi here. Around The Web Powered by Stop Information Overload By Ethereal Search Engine Got Plant Milk? Add These 16 Plant Milks to Your Mug Nine Kinds of Ancestors You Could Find on Your Watch More 2/22/25, 6:02 Lawsuit: Former Bellevue College dean raped assistant for years 10/12 for Health, Flavor, and Fro By Family Tree By The Best Places to Buy College Apparel Make Showing College Pride Too Easy By Ring Devices Help Make Peace of Mind More Accessible to All By How Long Should Keep My Car? By Four Easy Tips to Keep Your Kids Safe Online By Five Reasons Your Car Insurance Rate Changes By Get Dog Food Designed for Your Dog's Health & Happiness By About Services \u00a9 2025 Hearst Newspapers Terms of Use Privacy Notice Interest Based Ads Top Watch More 2/22/25, 6:02 Lawsuit: Former Bellevue College dean raped assistant for years 11/12 Your California Privacy Rights Watch More 2/22/25, 6:02 Lawsuit: Former Bellevue College dean raped assistant for years 12/12", "8343_106.pdf": "woman has filed a lawsuit against Bellevue College claiming the school, and by extension Washington state, fostered a hostile work environment by failing to protect her from a former dean. SeattlePI.com reports the woman\u2019s attorney Julie Kays filed the lawsuit last week alleging former assistant dean Faisal Jaswal sexually abused his assistant starting in 2010. Kays says the 29-year-old woman has intellectual delays that made it easier for Jaswal to manipulate her. The lawsuit says Jaswal told the woman that he would fire her if she reported the alleged sexual abuse. The woman did make a report in 2016 and Bellevue police say the case remains under investigation. An attorney for Jaswal didn\u2019t immediately respond to requests for comment. Bellevue College declined to comment on the lawsuit but said in a statement that Jaswal was removed from his position. ___ Information from: Seattle Post-Intelligencer, Lawsuit: Ex-Bellevue College dean raped assistant for years Updated 7:59 CST, August 15, 2018 Maine governor Ind vs Pak Postal Service Luigi draws crowd Jerry Butler dies 2/22/25, 6:02 Lawsuit: Ex-Bellevue College dean raped assistant for years News 1/3 Steve Bannon is accused of doing a straight-arm Nazi salute at but says it was just \u2018a wave\u2019 Trump administration reverses its previous decision and reinstates legal aid for migrant children Netanyahu decries release of wrong body as a ceasefire violation. Hamas pledges to investigate Judge largely blocks Trump\u2019s executive orders ending federal support for programs 1 2 3 4 2/22/25, 6:02 Lawsuit: Ex-Bellevue College dean raped assistant for years News 2/3 sues 3 Trump administration officials, citing freedom of speech 5 2/22/25, 6:02 Lawsuit: Ex-Bellevue College dean raped assistant for years News 3/3"}
8,185	Greg Gaston	University of North Alabama	[ "8185_101.pdf", "8185_102.pdf" ]	{"8185_101.pdf": "More local news for Birmingham, Huntsville and Mobile \u2013 Start Today for $5 Advertisement professor accused of sexual harassment, terminated Updated: Dec. 20, 2018, 9:10 a.m. \| Published: Dec. 20, 2018, 8:44 a.m. Subscribe The Flor-Ala published a story detailing how the administration denied a public records request for a professor\u2019s personnel records after he was banned from campus during a Title investigation. By Abbey Crain \| [email protected] University of North Alabama professor Greg Gaston was found in violation of Title for sexual harassment and was subsequently fired. At least three women contacted UNA\u2019s Title office to report Gaston for inappropriate behavior. Gaston was placed on a no trespass order on June 22, 2018, dependent on the results of the Title investigation, that barred him from UNA\u2019s campus and university- sponsored events. Advertisement Payton Gilchrist was the first to file a complaint against Gaston in June 2018. Gilchrist said Gaston was known for making inappropriate comments during class, but crossed a line when he asked her to take a vacation with him. Gilchrist declined, but Gaston continued to pursue a romantic relationship with her. \u201c[Gaston] would make sexist comments in class, he would show favoritism toward females. There were a lot of behaviors of Dr. Gaston that was inappropriate that people would brush off,\u201d Gilchirst said in an interview with AL.com. When UNA\u2019s student newspaper, the FlorAla, published that Gaston was given a no trespass order, more women came forward to UNA\u2019s Title office with accusations of sexual harassment against Gaston. Amanda Gallagher, who graduated from in 2013, was one of them. \u201cImmediately knew what [the no trespass order] had been about because of my and my friends experiences,\u201d Gallagher said. Gallagher said Gaston had commented on the size of her breasts and touched her inappropriately when she was a student at was standing in the hallway of the geology department talking to a friend and he walked by and he rubbed his hand across judge approves Trump\u2019s buyout plan for federal workers my ass,\u201dGallagher said stopped talking and he looked at me and he said he was feeling for a panty line.\u201d The Title investigation took six months, in part, Gilchrist said, because of the women who continued to come forward. In a letter to Gaston on Dec. 17, Tammy Jacques, Title Coordinator wrote \u201cGiven the documentation and witness interviews obtained during this investigation, you have been found responsible for violating the Sexual Misconduct policy (specifically Sexual Harassment) and UNA\u2019s Policy on Consensual Relationships. The Title office is recommending that your employment be terminated for cause and compliance with Section 2.6.2 of the Faculty Handbook leaders want $3 million more from Southern Baptists for sex abuse legal expenses Feb. 19, 2025, 8:17 a.m. Central Regional Girls: Central-Phenix City star shines in win over Auburn Feb. 19, 2025, 7:00 a.m. That same day Vice President for academic affairs Ross Alexander sent a letter of termination to Gaston feel incredibly proud of Payton for having the bravery to come forward,\u201d Gallagher said. \u201cIt\u2019s not an easy thing, and think the backlash, the response to the investigation, shows there\u2019s still an uphill battle for women to report sexual indecency, especially for men in positions of power.\u201d Gaston did not respond to requests for comment. If you purchase a product or register for an account through a link on our site, we may receive compensation. 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Wish we had known this before Pakistan: Don't Miss Out on These Amazing Sofa Deals at Clearance Prices AL.com Dear Annie dread going to work because of my toxic co-worker About Us About Alabama Media Group Jobs at Alabama Media Group Advertise with us About AL.com Frequently Asked Questions Accessibility Statement Contact Us Online Store Subscriptions AL.com The Birmingham News The Huntsville Times Press-Register Newsletter AL.com Megachurch pastor accused of trying to sexually assault brother of minister he is suing Already a Subscriber Manage your Subscription Place a Vacation Hold Make a Payment Delivery Feedback AL.com Sections News Business Sports High School Sports Alabama Life & Culture Opinion Archives Obituaries Jobs Autos Your Regional News Pages Anniston/Gadsden Birmingham Huntsville Mobile Montgomery Tuscaloosa Gulf Coast Beaches On the Go Mobile Apps Tablet Apps Follow Us Pinterest Twitter Facebook Instagram Customer Service Send us an email Submit a news tip Buy newspaper front pages, posters and more More on AL.com Videos Weather News Site Map & search Sponsor Content Post a job \| Privacy Policy \| User Agreement \| Ad Choices Use of and/or registration on any portion of this site constitutes acceptance of our User Agreement, (updated 8/1/2024) and acknowledgement of our Privacy Policy, and Your Privacy Choices and Rights (updated 1/1/2025). \u00a9 2025 Advance Local Media LLC. All rights reserved (About Us). The material on this site may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of Advance Local. Community Rules apply to all content you upload or otherwise submit to this site. YouTube's privacy policy is available here and YouTube's terms of service is available here. Ad Choices", "8185_102.pdf": "The Student News Site of University of North Alabama \uf167 \uf16d \ue61b \uf39e \uf002 Search Home News Opinion Multimedia Sports Campus About \uf086 \uf164 \uf39e \ue61b \uf0e0 \uf02f News Gaston found in violation of Title policies, report recommends termination Gaston found in violation of Title policies, report recommends termination Editor-in-Chief Harley Duncan and Managing Editor Karah Wilson December 18, 2018 Update: Dr. Gregory Gaston received a letter of termination Dec. 17. Gaston sent a letter of resignation to the university Dec. 19. University Title investigators found Professor Gregory Gaston in violation of its sexual misconduct policy Dec. 17 for sexual harassment and the university\u2019s policy concerning consensual relationships. Gaston\u2019s efforts \u201cto seek and pursue relationships with \uf086 \uf164 \uf39e \ue61b \uf0e0 \uf02f students over whom he had direct supervision\u201d found him in violation of the latter policy, according to a Title email sent to the reporting parties. In the investigators\u2019 final report, it recommends the university to terminate Gaston\u2019s employment. Tammy Jacques, Title coordinator, said Gaston has until Jan. 18 to challenge the final report. Payton Gilchrist, a 2018 graduate, filed a complaint in June with Title against Gaston. Gilchrist said the process was smooth and the only thing prolonging it was more people kept coming forward. She said she was one of, if not the first, to come forward with her claim. She said she was going through a tough breakup in the last semester of her junior year, which caused her to fall behind on her final projects decided that would ask for an extension on an assignment,\u201d Gilchrist said was granted that extension by Dr. Greg Gaston, seeing how he taught the class. As sat in his office and talked to him about the issues that had been taking place, he talked to me like a friend. He offered his assistance and use of his truck in helping me retrieve any belongings that might not have been able to move myself. Even though had already taken care of everything found it to be a nice gesture. At that moment felt like could trust Gaston as a professor and a friend.\u201d She said during the summer and into the fall of 2017, she and Gaston worked on multiple projects together and had started researching and writing in hopes of being chosen to write a specific geology based book together. \u201cIn preparation for the (Southeastern Division of the Association of American Geographers) conference in November 2017 and three other females were looking to get a room to share for the duration of the conference,\u201d Gilchrist said. \u201cGaston took the liberty of booking and \uf086 \uf164 \uf39e \ue61b \uf0e0 \uf02f paying for two rooms at once, one room was for Gaston and another professor, while the other was for us girls.\u201d Gilchrist said it was a nice gesture, but Gaston refused to accept any reimbursement for the room. \u201cWe tried to reimburse him by placing the money in an envelope and leaving it on his desk,\u201d she said. \u201cHe later tracked us down to return the money. This started making me feel that he was doing this to hold power over us.\u201d Just before winter break, Gilchrist and Gaston met to discuss the book they were working on. \u201cDuring this time, Gaston gave me a letter he had written,\u201d Gilchrist said. \u201cThis letter started as an email from his email account only know this because at the end of the letter, it had his signature.\u201d She said the letter was roughly two pages long and he talked about things related to personal and family matters. \u201cThe piece that was most disturbing was that he mentioned how the only thing that made him happy was me,\u201d she said. \u201cAfter reading the letter, he was sure to take it away from me.\u201d Gilchrist said she was completely caught off guard by the letter and responded in the best way she knew how to, which was saying she looked up to him as a professor and mentor, but she did not respond to the part that came off as a romantic gesture. Gilchrist said this is when she felt he crossed a line and could see how calculated his intentions were. She said she felt as though he purposely did not send the letter as an email due to the possibility of being able to track it at a later point. Several Geography students and professors rode a train from Tuscaloosa to New Orleans April 9, 2018 for the American Association of Geographers conference. \u201cDuring the train ride Gaston took a picture of me asleep,\u201d \uf086 \uf164 \uf39e \ue61b \uf0e0 \uf02f u g t e t a de Gasto too a p ctu e o e as eep, Gilchrist said. \u201cNot only did he have the picture, but he also sent it to me on April 11 with the caption \u2018you look like an angel.\u2019 This was followed by a text later saying he apologized if thought it was creepy. After received the text told my roommates about the events that happened before this and that would be avoiding him as much as possible on the trip.\u201d Gilchrist said she thought she was the only one facing the issue and was worried no one would believe her thought it could have been worse,\u201d she said thought it was my fault felt betrayed by my professor and friends thought it would influence my college and professional career felt humiliated and weak thought it would stop if was avoidant thought would be blamed thought nothing would be done if reported it to UNA.\u201d Gilchrist said she did learn something through the process. \u201cWhat learned from all of this is that, yes, some people will sometimes question you and your motives,\u201d she said. \u201cSome will believe you and still won\u2019t stand up for you due to their own fears or agendas. But most importantly, the \u2018friends lost weren\u2019t worth the friendship was giving. The people who matter will be there for you and by speaking up, you are helping someone else find their voice to speak up too.\u201d Gilchrist said she would like to thank the Title office for all that they did for those that came forward during the investigation. \u201cIf you have an event that you feel needs to be reported highly encourage that you take action for your sake and others,\u201d she said feel that all too often women are ignored or are not believed when they come forward with sexual harassment charges. However, this investigation has made me more confident that when you report something and have the proper evidence, you will be supported.\u201d Gil h i t id h t th t k th \uf086 \uf164 \uf39e \ue61b \uf0e0 \uf02f Gilchrist said she wants other women to know they are not alone. \u201cThere are people who will believe them and stand up for them as long as they can initiate the process by standing up for themselves,\u201d she said want women to use their voice and not allow themselves to be oppressed by someone in a position of power.\u201d The Police Department banned Gaston from campus and university sponsored events when they placed him on trespass notice June 22. Administrators told The Flor-Ala they were unable to provide the public with a reason why he was banned because they deemed the situation as a \u201cpersonnel matter,\u201d which they defined as \u201cthe right to protect an employee\u2019s privacy.\u201d The university paid Gaston a total of $57,798.94 while he was on trespass notice from June to November, according to the website. The university denied Gaston\u2019s personnel records twice, Aug. 9 and Sept. 13, and told The Flor-Ala the Supreme Court case Stone v. Consolidated Publishing Co. gave them the ground to withhold the public documents. Catherine White, assistant vice president of human resources, released portions of Gaston\u2019s personnel records Sept. 13, after The Flor-Ala detailed White\u2019s original Aug. 9 denial in a Sept. 6 article. The records contained a history of information connected to hiring, salary and work assignments, but the released documents did not contain any information concerned with the Police Department putting Gaston on trespass notice. White said the university respectfully denied the extent of The Flor-Ala\u2019s request due to the application of \u201ca rule-of- reason test\u201d Stone v. Consolidated Publishing Co. permits. She said the test balances privacy interests against the need for releasing public documents. Ross Alexander, vice president for academic affairs and \uf086 \uf164 \uf39e \ue61b \uf0e0 \uf02f \u00a9 2025 Pro WordPress Theme by \u2022 Log in provost, confirmed Oct. 9 that the Police Department placed Gaston on trespass notice June 22 because of a pending Title investigation. He also said \u201cdozens\u201d of women came forward with claims against Gaston after The Flor-Ala wrote the Sept. 6 article detailing his trespass notice. The Sept. 6 article is the same piece Scott Morris, student media adviser, said initiated a retaliatory response from the university administration towards him, which resulted in the termination of his job after the 2019 spring semester. Kimberly Greenway, interim vice president of student affairs, said Oct. 10 she would not have been able to give the public specific information concerning Gaston\u2019s trespass notice until Title concluded its investigation. The Flor-Ala was unable to reach Jacques or Gaston for comments on Title IX\u2019s final report. Stick with The Flor-Ala as more details arise. Leave a Comment The Flor-Ala The Student News Site of Univ\u2026 Enter Search Term \uf002 One Harrison Plaza Box 5300 Florence, Alabama 35632 Phone: (256) 765- 4364 Email: [email protected] Home News Opinion \uf086 \uf164 \uf39e \ue61b \uf0e0 \uf02f \uf086 \uf164 \uf39e \ue61b \uf0e0 \uf02f"}
8,960	Arthur Ward	Michigan State University	[ "8960_101.pdf", "8960_101.pdf" ]	{"8960_101.pdf": ""}
7,609	Barry Freundel	Towson University	[ "7609_101.pdf", "7609_102.pdf" ]	{"7609_101.pdf": "Bernard Freundel Born December 16, 1951 New York City, New York, United States Occupation(s) Former rabbi and professor Criminal status Released April 1, 2020 Spouse Sharon Freundel (divorced according to Jewish law) Children 3 Conviction(s) Pleaded guilty to 52 counts of voyeurism Criminal penalty 6 years and 6 months imprisonment, $13,000 in fines Barry Freundel Bernard \"Barry\" Freundel (born December 16, 1951) is an American former rabbi. The leader of Kesher Israel Congregation in Washington, D.C. from 1989 until 2014, Freundel was regarded as \"a brilliant scholar,\"[1] a \"profound\" orator[2] and an authority in several areas of halakha (Jewish law), including eruvim, which he assisted in constructing in a number of cities, including Washington.[3] Freundel's career came to a sudden end in October 2014 when he was arrested by the Metropolitan Police Department of the District of Columbia[4] and charged with committing voyeurism of several women in a mikveh (Jewish ritual bath). Kesher Israel immediately suspended him without pay[5] and later notified the congregants that he had been fired.[6] Similarly, he was also suspended from membership in the Vaad[7] and the Rabbinical Council of America (RCA), the main professional association for Modern Orthodox rabbis in the United States. He also was suspended from his multiple academic positions. He was assistant professor of rabbinics at Baltimore Hebrew University, where he was the rabbinic studies graduate program adviser, associate professor at Towson University and adjunct lecturer at the Georgetown University Law Center. Towson University immediately opened its own administrative review of Freundel's conduct with students,[8] while Georgetown University began its own investigation as well.[9] Freundel ultimately pleaded guilty to 52 counts of voyeurism and was sentenced to six-and-a-half years in prison and fined $13,000. On August 28, 2018, the $100 million class action lawsuit which had been brought on behalf of the victims against Freundel and the organizations he was associated with was dropped in lieu of a settlement of $14.25 million, to be paid by the insurance of the parties named in the suit.[10] He was expected to be released on August 21, 2020,[11] but was released early on April 1, 2020, due to COVID-19.[12] 2/22/25, 6:04 Barry Freundel - Wikipedia 1/17 Kesher Israel, the Georgetown synagogue Freundel earned a Bachelor of Science at Yeshiva College with a double major in chemistry and physics, along with a concurrent B.S. from the Erna Michael College of Hebraic Studies. He received a Master's degree in Talmudic studies from the Bernard Revel Graduate School and his semikhah (rabbinic ordination) from Rabbi Isaac Elchanan Theological Seminary (RIETS), part of Yeshiva University. He earned his Ph.D. at the Baltimore Hebrew University.[13] Freundel served congregations in Great Neck, New York,[14] Norwalk, Connecticut[15] and Yonkers, New York[16][17] before assuming the pulpit at Kesher Israel, a prestigious Washington synagogue located in the capital's exclusive Georgetown neighborhood, whose members have included Cabinet secretaries and Members of Congress.[18] Freundel had been an adjunct at a number of universities in the past, including American University[19] and the University of Maryland, College Park.[20] As a writer and lecturer, Freundel addressed topics ranging from environmentalism to Jewish medical ethics. He had served as a visiting scholar at Princeton, Yale and Cornell and guest lecturer at Columbia and the University of Chicago. Due to his congregation's proximity to Georgetown University, he lectured at that institution with particular frequency. Similarly, his proximity to Capitol Hill had facilitated his participation in governmental affairs as a consultant and commentator.[21] Freundel served as consultant to the Ethics Review Board of the National Institute on Aging of the National Institutes of Health and consultant to the United States Presidential Commission on Cloning (May 1997).[22] In the past, he had served as pre-rabbinics advisor and assistant director of synagogue services at Yeshiva University (August 1986 - June 1989), as a member of Yeshiva University's Rabbinic Alumni Association Executive Committee, and as a vice-president of the RCA, whose conversion committee he headed.[23] Freundel appeared on the episode of Da Ali Show entitled \"War.\"[24] Education Career 2/22/25, 6:04 Barry Freundel - Wikipedia 2/17 Superior Court of the District of Columbia On October 14, 2014, police took Freundel from his synagogue-owned residence in handcuffs and, pursuant to a search warrant,[25] removed computers and other items from the premises.[26] One day later, Freundel was arraigned and charged with six counts of voyeurism, a misdemeanor, for allegedly filming women while they were undressing before immersing themselves in the National Capital Mikvah, an independent facility that Freundel was instrumental in founding in 2005.[27][28] Assistant U.S. Attorney Sharon Marcus Kurn told the judge that Freundel \"violated the laws up in the heavens and down,\"[29] but he pleaded not guilty to these initial charges[30] and was released on his own recognizance under condition that he stay away from and have no contact with the synagogue and the mikvah,[31] which are located in adjacent buildings.[32] The police acted after the National Capital Mikvah's lay leadership handed them a suspicious clock radio[33] the rabbi had placed in the shower room at the mikvah, a ritual bath that is used as part of the conversion ritual, by married Orthodox women following menstruation and childbirth and by some Orthodox men before the onset of the Sabbath and major Jewish holidays. \"Upon receiving information regarding potentially inappropriate activity, the Board of Directors quickly alerted the appropriate officials,\" it noted in a statement published upon Freundel's arrest and suspension. \"Throughout the investigation, we cooperated fully with law enforcement and will continue to do so.\"[34 witness told the police that Freundel was observed placing the clock radio in the mikvah shower room and, when he was discovered doing so, he claimed that he was repairing the ventilation.[35 police inspection of the clock radio found that it contained a video camera whose memory revealed surreptitious recordings of six different women changing \u2014 and moving images of Freundel himself setting up the camera.[33] Detectives said that as many as 200 women could have been recorded without their knowledge forensic examination determined that several media storage devices found in Freundel's home contained copies of videos backed up from the camera's memory card.[36] According to a search warrant,[37] Freundel may not only have set up spying and recording devices at his synagogue and at the mikvah, but also at Towson University.[38 search of Freundel's Towson office revealed several small cameras hidden in everyday items, multiple computer storage devices, and a list of handwritten names.[39] On November 12, district prosecutors told a D.C. Superior Court judge they needed more time to investigate and determine if there were additional victims. The court was informed that a web site was being created in order to reach other victims.[40] On January 16, 2015, the prosecution requested another one-month delay to complete their review of all the video evidence obtained from computers seized by police in the hope to identify additional victims.[41] Voyeurism charges and conviction Arrest, arraignment and investigation 2/22/25, 6:04 Barry Freundel - Wikipedia 3/17 \"We are appalled by the accusations against Rabbi Barry Freundel and wish to stress that the acts attributed to him are atrocious and strictly against Jewish law,\" a spokesman for the Chief Rabbinate of Israel stated.[23] The day Freundel was arrested, the president of the RCA, Rabbi Leonard Matanky, revealed that the Council investigated allegations earlier in the year that related to \"ethical issues that came up regarding an issue with a woman,\" but no action was taken.[42] That may have been a reference to overnight train rides Freundel booked in May 2013 to and from Chicago, where he supposedly was to \"conduct research.\" It later transpired that he had traveled on both legs of the round-trip journey with a woman who was not his wife, with whom he shared a private sleeping berth.[43] On October 20, the issued a press release stating that it discovered in 2012 that Freundel had coerced conversion candidates into performing clerical work at his home and contributing money to his rabbinic court. The also was able to confirm that he shared a checking account with a conversion candidate. At the time the did not view these activities as rising to the level that would require Freundel's suspension, but did suspend him once he was arrested[44][45] and, together with its affiliated Beth Din of America, launched its own investigation led by Allen Fagin, the chief professional at the Orthodox Union, and Eric Goldstein of the UJA-Federation of New York.[46] Under the leadership of the synagogue's president, Elanit Jakobovic, the synagogue directed all its attention to the victims of his actions by arranging a support group led by a licensed psychologist and consultations with therapists,[47] as well as organizing a closed-to-the-media community meeting with Cathy L. Lanier, Washington's chief of police.[48] Two days after Freundel's arrest and suspension, Jakabovics addressed a packed synagogue at Shemini Atzeret services, declaring: \"These sacred spaces \u2014 our shul and our mikvah \u2014 have now been tarnished. Our inviolability has been violated. Kesher and the mikvah will be a safe place again.\"[49][50] Freundel's arrest also sparked widespread debate about how mikvaot should be supervised, administered[51] and protected from predators.[52] Bethany Mandel, a writer who was converted by Freundel (and who he secretly filmed in the Georgetown mikvah on at least two occasions)[53] proposed a ten-point \"Bill of Rights\" for converts.[54] She was soon named, together with another female convert, to a new committee charged with reviewing the entire conversion process,[55] and was later chosen as one of The Forward 50 in recognition of her initiative.[56] Rabbanit Chana Henkin, the founder and head of Nishmat, the Institute for Advanced Jewish Studies for Women in Jerusalem (who once spoke on the topic of \"Women and the Future of Judaism\" at Freundel's synagogue),[57] called for a new generation of religiously educated women to take control of the mikvaot.[58] On December 2, 2014, a student at Georgetown University Law Center, where Freundel taught a seminar on Jewish law,[59] filed a lawsuit against Kesher Israel Congregation, Georgetown University and the National Capital Mikvah. The unnamed student had written a term paper on the mikvah, which received an \"A\" from Freundel, who had convinced her to immerse herself at the mikvah on two occasions, both of which she presumes he filmed.[60] She sought class action status and claimed that Reactions Lawsuits 2/22/25, 6:04 Barry Freundel - Wikipedia 4/17 Georgetown University Law Center, where Freundel served as an adjunct lecturer the defendants turned a blind eye and failed in their responsibility to protect students from the rabbi, whose behavior she claimed was becoming ever more bizarre, and who was mistreating women subjected to his authority.[61] On December 18, a student at Towson University identified only as \"Stephanie\" added her name to the lawsuit, claiming that Freundel encouraged her to take a \"practice dunk\" in the mikvah as part of her studies, even though she was not Jewish and had no interest in converting.[62] She was joined by Emma Shulevitz, a woman who had been converting to Judaism under Freundel's auspices and who had likewise been encouraged by him to take a \"practice dunk,\" an anomaly that he said would help prevent any misstep on the day of the conversion.[63] They added the as a defendant as well.[64] The plaintiffs claimed that the and Freundel's synagogue were aware of his inappropriate conduct before the cameras were discovered in the ritual bath he supervised. They charged that the and Kesher Israel should have removed Freundel from his positions of authority and that his alarming actions included inviting non-Jewish women to use the mikvah and inventing and encouraging the use of \"practice dunks.\" In response issued the following statement: \"The has conducted itself appropriately and is taking important steps to improve its conversion protocols. We will defend ourselves vigorously in this matter.\" Kesher Israel responded with this statement: \"Kesher Israel's leadership is deeply concerned about the harm caused by Rabbi Freundel's actions \u2014 of which we did not and could not have known \u2014 and for the personal welfare of all those individuals who may have been violated. The lawsuits that were recently filed are completely without merit. Our energies remain focused on working towards healing our community and building a vibrant future for Kesher Israel.\"[65] In 2015, a congregant brought lawsuit against Freundel for allegedly transferring tens of thousands of dollars from her personal bank account into accounts of his own and in name of some of his children. She claimed she gave Freundel power of attorney when she traveled abroad and asked him to ensure should anything happen to her, she would have a Jewish burial. She also believed he used her apartment as a safehouse where he filmed at least one victim of domestic violence. While she was preparing an appeal in this litigation, she died and there was no one to continue the litigation on behalf of her estate. Right before her death, she was distraught that the rabbi's wife claimed in a deposition that she barely knew her, when she viewed the Freundels as her closest family. Lawsuits against Freundel and defendants began to gain steam in June 2016, when the Superior Court of the District of Columbia issued an order outlining the consolidation of claims against Freundel.[66] Sanford Heisler was appointed interim class counsel by the court, and co-counseled with the D.C. law firm of Chaikin, Sherman, Cammarata & Siegel, P.C., which filed one of the first class action lawsuits against Freundel, Kesher Israel, the National Capital Mikvah, and the Rabbinical Council of America in December 2014.[67] On August 16, 2016, the lawsuit was amended to add an additional defendant, the Beth Din of America.[68] On October 22, 2018, the D.C. Superior Court approved a $14.25 million class action settlement.[69] According to the terms of the finalized settlement, women identified as having been videotaped by Freundel were entitled a base payment of $25,000 $2,500 base payment was available to women 2/22/25, 6:04 Barry Freundel - Wikipedia 5/17 who used the mikvah but were not confirmed as having been videotaped, and who suffered emotional distress after learning of Freundel's actions. Class members were also entitled to supplemental payment based on their individual experiences.[70] On February 11, prosecutors informed victims that of all the women appearing in the recordings seized from Freundel's home and office, only 152 could be positively identified from headshots submitted to the police department via email in the preceding weeks. Since evidence collection was conducted passively, with the Metropolitan Police accepting reports rather than seeking them out, many more women who had been recorded did not submit photographs to be considered for purposes of prosecution (or, in the case of students, mistakenly submitted them instead to campus police). Moreover, an untold number of recordings seized in the initial raid had been deleted and were not reconstructed by police. No charges were pursued for criminal trespass in connection with the rabbi's unauthorized use of the mikvah for unlawful purposes nor in connection with his transport of the recordings or of women for sexual purposes across state lines. Several dozen recordings of the 152 women positively identified fell outside the criminal statute of limitations handful of women requested not to have charges brought in connection with the recordings of them. Charges were brought per victim rather than per recording, so that multiple recordings of the same victim were treated as one count. All of the foregoing had the effect of whittling down the counts of voyeurism ultimately filed against the Rabbi to 88. Despite longstanding court procedures designed to protect the identity of victims of sexual assault, Assistant U.S. Attorney Amy Zubrensky cautioned victims against a trial, warning that it could expose the graphic recordings to the jury and media as well as opening them to cross-examination. Instead, Freundel would be offered a plea bargain that would not exclude the possibility of incarceration.[71] The plea bargain was delivered to Freundel's attorney on February 18.[72] In a court hearing the next day, Freundel pleaded guilty to 52 counts of voyeurism, one for each woman (not per instance of recording) whom prosecutors identified as having been recorded during the previous three years and who had not declined to have charges brought on her account. Assistant U.S. Attorney Zubrensky noted that in addition to the camera in a clock radio, Freundel had recorded women using mini- cameras embedded in a tissue box and a table-top fan. In addition, he surreptitiously videotaped a domestic violence abuse victim in the bathroom and bedroom of a safe house that he had established for her so she could escape her husband's violence.[73] Ronald Machen, then the United States Attorney for the District of Columbia, indicated that he would push for a harsh sentence. \"Bernard Freundel exploited his position of power to victimize dozens of women who entered a sacred, intimate space of religious ritual,\" he said. \"We will be seeking a prison sentence that reflects the gravity of this disturbing assault on the privacy and dignity of so many victims.\"[74] The statutory maximum punishment is a year in jail and a fine of up to $2,500 on each of the first 30 counts and $1,000 on the remainder.[72][75] Plea bargain Sentencing 2/22/25, 6:04 Barry Freundel - Wikipedia 6/17 Ronald Machen, United States Attorney for the District of Columbia at the time of Freundel's arrest week before the sentencing, prosecutors submitted a 25-page memorandum to Judge Geoffrey M. Alprin requesting a prison term of 17 years, or four months on each of the 52 counts.[76] In his 12-page response, Freundel's defense attorney asked that his client be spared prison time and sentenced instead to community service. \"He has already been punished in that he has lost his employment as a rabbi and is never likely to be so employed again,\" Freundel's lawyer wrote. \"He has been publicly humiliated and his prior reputation as a Judaic scholar, teacher and counselor have been destroyed.\"[77] On Friday, May 15, 2015, Freundel was sentenced by Judge Alprin in front of a packed courtroom to six-and-a-half years in prison and fined $13,000. \"You repeatedly and secretly violated the trust your victims had in you, and you abused your power,\" Alprin told Freundel, in handing down the punishment.[78] Beforehand, 18 of Freundel's victims testified about their emotions. \"He lectured us about the evils of porn while turning us into his own porn stars,\" one victim told the court, choking back tears. Another said she fell into a deep depression and began using drugs fell off the edge of this earth,\" she said. Seven others took the stand on his behalf, several of whom claimed that he was now a changed man. \"It tears my guts out to think of the innocent people I've traumatized,\" Freundel, for his part, told the court, reading from a prepared text am sorry.\"[79] \"Today the court heard the heart-wrenching accounts of the victims of Barry Freundel's exploitation,\" noted Acting U.S. Attorney Vincent H. Cohen, Jr. of the District of Columbia, in announcing the court's decision. \"Their stories make clear the lasting scars that will be left by this outrageous abuse of power. This prosecution was an effort to restore the dignity that Barry Freundel tried to steal from these women. We hope that the scores of victims of his crimes will find some solace in the justice meted out by the court today.\"[80] \"It is my hope that the many victims in this case draw a small measure of relief from the sentencing action today,\" added Metropolitan Police Chief Lanier. \"His actions wounded an entire religious community and showed a flagrant disregard for his position of trust within that community am confident that today's action by the courts will serve to continue the healing process for the many unwitting victims of this predator.\"[80] Prosecutors later revealed that among the videos Freundel stored at his residence were several he made of himself in \"sexual situations\" with other women, many of whom may have been unaware that the liaisons were being recorded.[81] Freundel was taken from the courtroom to the D.C. Jail, where he was put in isolation for 23 hours a day due to threats against him. He appealed his sentence, claiming that he should have been punished only for a single videotaping,[82] but his appeal was rejected by Judge Alprin on July 31.[83 second attempt to have his sentence reconsidered, made to the U.S. Court of Appeals for the District of Columbia, was filed on June 21, 2016[84] but was unanimously rejected on September 15, 2016, by the three-man panel.[85] 2/22/25, 6:04 Barry Freundel - Wikipedia 7/17 After reviewing the criminal complaint, search and arrest warrants, accompanying affidavits, as well as relevant halakha with respect to the status of prior conversions, the declared that all conversions Freundel had performed until his arrest were valid.[86] After an initial hesitation on its part,[23] the Chief Rabbinate of Israel agreed, but warned that if Freundel were to attempt to perform any conversions in the future, they would not be recognized.[87] When he was unanimously fired by Kesher Israel's board on November 24, 2014,[88] Freundel was given a grace period until January 1, 2015, to vacate the synagogue-owned rabbinic residence,[6] but one month after the deadline passed he still had not done so.[89] As a result, Kesher Israel referred the matter to the Beth Din of America, asking that it order Freundel to move out, return all synagogue property, compensate the congregation for his occupancy of the house beyond the January 1 deadline, and cover the costs of the arbitration.[88] He finally vacated the house on March 3,[90] leaving it in a state of disrepair that would cost hundreds of thousands of dollars to renovate.[91] This litigation, however, did not involve Freundel's wife, Sharon, who moved out less than three weeks after his arrest.[92] He acceded to her request for a get (a Jewish divorce document) shortly afterwards.[93] Freundel resigned from his tenured position at Towson University one week after pleading guilty.[94] While he was under suspension he continued to draw a salary, which totaled $30,830.[95] Freundel was named by The Jewish Daily Forward to its \"list of the 50 American Jews who have had the most impact on our national story\" in 2014. In explaining his inclusion, the newspaper wrote that \"It's hard to imagine a more disturbing violation of a sacred Jewish space than the one of which Orthodox rabbi Barry Freundel is accused.\"[96] The Israeli newspaper Haaretz ranked the \"Peeping Rabbi\" as number 1 on its list of \"Ten scandals that rocked the Jewish world in 2014,\" and noted that it did so \"because the idea that any rabbi might (allegedly) use hidden cameras to spy on women in their most sacred place like the ritual bath and exploit the vulnerability of conversion candidates to Judaism is unfathomable.\"[97] In July 2015 an review panel of six men and five women (including two converts) that was established in the wake of Freundel's arrest released a list of nine recommendations to guide the conversion process. These focused on \"support for conversion candidates during and after their conversions, professionalism, transparency of expectations, sensitivity to candidates, educational experiences, the responsibilities and support for rabbis and rabbinic judges, and oversight, supervision, and grievance processing.\"[98] Freundel issued a public apology for his \"heinous behavior\" and \"perverse mindset\" on September 8, 2015, the eve of the Jewish High Holy Days, which are marked by repentance and forgiveness for sins.[99] In July 2017, a morality play by a local Washington-area playwright, entitled \"Constructive Fictions,\" which was based on the Freundel scandal, ran at the Gallaudet University theater.[100] On April 18, 2018, an automated email was sent to those of Freundel's victims who had signed up for updates on the criminal case against him, notifying them that he would be released from prison on August 21. The next day, however, the D.C. Department of Corrections sent a correction, admitting Aftermath 2/22/25, 6:04 Barry Freundel - Wikipedia 8/17 that the previous email was a mistake. Freundel was expected to be released on August 21, 2020, after receiving a one-year sentence reduction due to good behavior.[11] However, he was released early on April 1, 2020, due to COVID-19.[101] Freundel believed that according to the halakha, abortion is only permitted when a woman is in \"hard travail\" and her life is in danger. This is a very limiting position, Freundel pointed out, since there must be serious danger to the mother. This does, however, also include cases where there is significant psychological trauma, wherein continuing the pregnancy could inflict significant or mortal harm to the mother in that fashion (such as a rape victim who becomes suicidal). Freundel believed that there is no way, under Jewish law, to allow partial-birth abortion, since once the head has emerged, the baby is considered to be born.[102] Freundel saw two issues with cloning humans from a halakhic perspective. The first is whether cloning is allowed, and the second is whether a clone would be considered a human being. He did not view cloning as being prohibited by halakha, and even saw \"becoming a partner with God in the works of creation\" as a noble goal.[103] He did, however, support regulation, and at a hearing urged the United States Congress not to prohibit human cloning, but rather to regulate it. He argued that human knowledge and technology are inherently neutral, and it's what's done with them that is important.[104] Human beings do the best that they can. If our best cost/benefit analysis says go ahead, we go ahead. \"God protects the simple\" is a Talmudic principle that allows us to assume that when we do our best God will take care of what we could not foresee or anticipate. If things do not work out, the theological question is God's to answer; not ours.[105] Freundel strongly maintained that a clone would be considered a human being under Jewish law.[106] Freundel published an article entitled Homosexuality and Judaism in the Journal of Halacha and Contemporary Society. In it he argued that there is no category for \"homosexual\" in halakha homosexual then is no different from any other Jew who has committed a sin. Since Freundel viewed homosexuality as an activity rather than a state of being, he advocated the kiruv approach - trying to make a less observant Jew more observant by following halakha. Positions Abortion Cloning Homosexuality 2/22/25, 6:04 Barry Freundel - Wikipedia 9/17 Judaism rejects the suggestions that homosexuality is either a form of mental illness or an 'acceptable alternate lifestyle.' Judaism's positions would be a third and as yet unconsidered option. Homosexuality is an activity entered into volitionally by individuals, who may be psychologically healthy, which is maladaptive and inappropriate.[107] Freundel wrote in a published article that \"Modern Orthodoxy is not doing very well, because people are not living by its guiding principles. Even those who identify with the movement do not view the world through fealty to halakhah followed by modern modification.\"[108] Freundel was the author of two books, eight journal articles and many op-eds. 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Heilman, Uriel (October 22, 2014). \"Freundel's abuse extended beyond peeping, converts say\" (ht tp:// Haaretz. Retrieved January 1, 2015. 47. \"Community Resources following the arrest of Rabbi Freundel\" ( 1023210624/ Archived from the original ( kesher.org/post_arrest_resources) on October 23, 2014. 48. \"Jewish Social Services and Chief of Police at Kesher Israel - Event - Kesher Israel\" ( esher.org/event/jewish-social-services-and-chief-of-police-at-kesher-israel.html). 49. Guttman, Nathan (October 24, 2014). \"How a Stunned Synagogue Faces Up to Sins of Rabbi Barry Freundel\" ( -rabbi/). The Jewish Daily Forward. Retrieved January 1, 2015. 50. \"President's Shmini Atzeret Address\" ( sher.org/saspeech). October 15, 2014. Archived from the original ( h) on February 26, 2015. Retrieved February 2, 2015. 51. Torossian, Ronn (October 20, 2014). \"Lessons to Learn From Rabbi Barry Freundel\" ( lgemeiner.com/2014/10/20/lessons-to-learn-from-rabbi-barry-freundel/). The Algemeiner Journal. Retrieved January 6, 2015. 52. Oppenheimer, Mark (October 24, 2014). \"In a Scandal, New Attention to Mikvahs\" ( imes.com/2014/10/25/us/in-a-scandal-new-attention-to-mikvahs.html?_r=2). The New York Times. Retrieved January 5, 2015. 53. Mandel, Bethany (January 20, 2015). \"Why you won't see my name on a Freundel-related suit\" (ht tps://blogs.timesofisrael.com/why-you-wont-see-my-name-on-a-freundel-related-suit/). The Times of Israel. Retrieved February 3, 2015. 2/22/25, 6:04 Barry Freundel - Wikipedia 13/17 54. Mandel, Bethany (October 20, 2014 bill of rights for Jewish converts\" ( el.com/the-convert-bill-of-rights/). The Times of Israel. Retrieved January 5, 2015. 55. Mandel, Bethany (February 23, 2015). \"No, We Didn't Let Barry Freundel Happen\" ( ward.com/sisterhood-blog/215302/no-we-didnt-let-barry-freundel-happen/). The Jewish Daily Forward. Retrieved February 24, 2015. 56. Eisner, Jane (November 7, 2015). \"Forward 50 2015\" ( 5/). The Forward. Retrieved November 11, 2015. 57. YouTube, a Google company ( om/watch?v=Bbq7VuMz4uY). YouTube. Archived from the original ( h?v=Bbq7VuMz4uY) on November 11, 2020. 58. Henkin, Chana (October 19, 2014). \"Give the mikveh keys to women\" ( om/give-the-mikveh-keys-to-women/). The Times of Israel. Retrieved January 5, 2015. 59. Monyak, Suzanne (October 17, 2014). \"Georgetown Rabbi Arrested for Voyeurism\" ( ehoya.com/georgetown-rabbi-arrested-for-voyeurism/). The Hoya. Retrieved January 4, 2015. 60. \"Law student sues Freundel's synagogue for turning blind eye\" ( s-opinion/united-states/law-student-sues-freundels-synagogue-for-turning-blind-eye). Jewish Telegraphic Agency. December 2, 2014. Retrieved February 19, 2015. 61. Hermann, Peter (December 2, 2014). \"Lawsuit filed in Georgetown rabbi case; synagogue severs relations with leader\" ( bi-case-synagogue-severs-relations-with-leader/2014/12/02/4971ff4c-74b7-11e4-a755-e32227229 e7b_story.html). The Washington Post. 62. Reimer, Susan (December 21, 2014). \"Towson student joins lawsuit involving rabbi\" ( ltimoresun.com/news/maryland/crime/blog/bs-md-rabbi-towson-20141221-story.html). The Baltimore Sun. Retrieved December 28, 2014. 63. Weiss, Steven I. (October 15, 2014). \"Witness: Freundel Innovated \"Practice Dunking\" To Record Candidates for Conversion\" ( dunking-to-record-candidates-for-conversion - The Jewish Channel. Retrieved February 25, 2015. 64. \| \"2 women add their names to lawsuit involving rabbi\" ( 850/ 14/12/18/c3a04dbc-86fc-11e4-abcf-5a3d7b3b20b8_story.html). The Washington Post. December 18, 2014. Archived from the original ( mes-to-lawsuit-involving-rabbi/2014/12/18/c3a04dbc-86fc-11e4-abcf-5a3d7b3b20b8_story.html) on December 19, 2014. Retrieved December 28, 2014. 65. Nathan-Kazis, Josh (December 24, 2014). \"Did Rabbi Barry Freundel Treat Mikveh Like 'Car Wash' To Peep on Women? Lawsuits Blame and Synagogue Over Scandal\" ( om/articles/211529/did-rabbi-barry-freundel-treat-mikveh-like-car-was/?p=all). The Jewish Daily Forward. 66. \"Class Case Arising from Rabbi's Voyeuristic Acts Takes Giant Leap Forward\" ( wire.com/news-releases/class-case-arising-from-rabbis-voyeuristic-acts-takes-giant-leap-forward- 300285043.html) (Press release). 67. \"Injury Attorneys in Washington DC\" ( ams-with-interim-class-counsel-in-dc-rabb/). 68. \"Amended Complaint Filed in Freundel Case Lawyer\" ( blog/2016/august/amended-complaint-filed-in-class-action-against-/). August 22, 2016. 69. \"Rabbi Freundel Class Action Settlement \| CSCS\" ( class-action-settlement/). 2/22/25, 6:04 Barry Freundel - Wikipedia 14/17 70. \"Archived copy\" ( m/documents/FINAL_MikvahSettlement_Long-Form-Notice.pdf) (PDF). Archived from the original ( f) (PDF) on November 17, 2018. Retrieved November 16, 2018. 71. Gross, Judah Ari (February 13, 2015). \"Prosecutor says rabbi filmed 152 women in mikvah\" (h ttps:// The Times of Israel. Retrieved February 13, 2015. 72. \"United States of America v. Bernard Freundel Crim. No. 2014-CMD-18262\" ( rg/web/20150224133607/ _Plea_Agreement.pdf) (PDF). Archived from the original ( s/vw/pdf/bfreundel_docs/Signed_Plea_Agreement.pdf) (PDF) on February 24, 2015. 73. Heilman, Uriel (May 13, 2015). \"New details show mikvah-peeping rabbi had extramarital encounters\" ( ital-encounters/). The Times of Israel. Retrieved May 13, 2015. 74. Jacobs, Ben (February 19, 2015). \"D.C.'s Top Rabbi Is a Peeping Tom\" ( com/articles/2015/02/19/d-c-s-top-rabbi-is-a-peeping-tom.html). The Daily Beast. Retrieved February 22, 2015. 75. Gon\u00e7alves, Delia; Alfarone, Debra (February 19, 2015). \"Rabbi pleads guilty to taping naked women 52 times\" ( 4513 Today. Retrieved February 23, 2015. 76. Alexander, Keith L.; Boorstein, Michelle (May 8, 2015). \"Prosecutors seek 17-year sentence for D.C. rabbi convicted of voyeurism\" ( -17-year-sentence-for-dc-rabbi-convicted-of-voyeurism/2015/05/08/975f5434-f464-11e4-84a6-6d7 c67c50db0_story.html). The Washington Post. Retrieved May 11, 2015. 77. Alexander, Keith L.; Boorstein (May 11, 2015). \"Attorney seeks community service, no prison time for D.C. rabbi\" ( -prison-time-for-dc-rabbi/2015/05/11/4a3240f0-f7f6-11e4-a13c-193b1241d51a_story.html). The Washington Post. Retrieved May 12, 2015. 78. Alexander, Keith L.; Bailey, Sarah Pulliam (May 15, 2015). \"D.C. rabbi sentenced to 6\u00bd years in prison on voyeurism charges\" ( -be-sentenced-today-on-voyeurism-charges/2015/05/14/4a1187b0-fa77-11e4-9030-b4732caefe81 _story.html?tid=hpModule_13097a0c-868e-11e2-9d71-f0feafdd1394&hpid=z12). The Washington Post. Retrieved May 16, 2015. 79. Clarke, John (May 16, 2015). \"Rabbi Barry Freundel Gets 6-1/2 Years for Mikveh Peeping\". The Forward. 80. \"Rabbi Sentenced to Six and a Half Years Prison Term for Voyeurism, Admitted Secretly Taking Video Recordings of Women\" ( prison-term-voyeurism-admitted-secretly-taking-video). May 15, 2015. Retrieved May 18, 2015. 81. Heilman, Uriel (May 13, 2015). \"Peeping Rabbi Barry Freundel secretly taped extramarital sexual encounters, prosecution says\" ( 7). Haaretz. Retrieved May 17, 2015. 82. Alexander, Keith L. (July 9, 2015). \"New hearing scheduled for D.C. rabbi sentenced to prison for voyeurism\" ( enced-to-prison-for-voyeurism/2015/07/09/1fbe5e30-2686-11e5-aae2-6c4f59b050aa_story.html). The Washington Post. Retrieved July 13, 2015. 83. \"Judge upholds sentence of mikveh-peeping rabbi\" ( sentence-of-mikveh-peeping-rabbi). The Times of Israel. August 1, 2015. Retrieved August 2, 2015. 84. Wiener, Julie (June 22, 2016). \"Rabbi Barry Freundel Appeals 6-Year Prison Sentence in Mikveh Peeping\" ( attorney-appeals-prison-sentence/). The Forward. Retrieved September 19, 2016. 2/22/25, 6:04 Barry Freundel - Wikipedia 15/17 85. \" 'Peeping Rabbi' Barry Freundel's Prison Sentence Upheld by U.S. Appeals Court\" ( aretz.com/world-news/americas/1.742748). Haaretz. September 18, 2016. Retrieved September 19, 2016. 86. \"Rabbinical Council of America (RCA)\" ( abbis.org/index_with_RCA_response%20.cfm). Archived from the original ( ndex_with_RCA_response%20.cfm) on November 1, 2014. 87. Borschel-Dan, Amanda and Heilman, Uriel (October 22, 2014). \"Freundel scandal highlights converts' vulnerability\" ( ability/). The Times of Israel. Retrieved December 23, 2014. 88. \"From the President's Desk\" ( l?soid=1103909274686&aid=iU0j45QeMW0). January 29, 2015. Retrieved February 2, 2015. 89. Markoe, Lauren (January 30, 2015). \" 'Peeping Tom' Rabbi, Barry Freundel, Refuses To Leave Georgetown Synagogue Residence\" ( ynagogue-residence_n_6579100.html). The Huffington Post. Retrieved February 2, 2015. 90. Freed, Benjamin (March 3, 2015). \"Voyeur Rabbi Double Parks His Neighbors Before Moving Out of House\" ( his-neighbors-before-moving-out-of-house.php). Washingtonian. Retrieved April 16, 2015. 91. Heilman, Uriel (January 9, 2016 year on shul's mikvah trauma slowly heals\" ( timesofisrael.com/a-year-on-dc-shuls-mikvah-trauma-slowly-heals/). The Times of Israel. Retrieved January 11, 2016. 92. Jaffe, Harry (November 3, 2014). \"Moving Trucks Roll Up to House of Georgetown Rabbi Charged With Voyeurism\" ( p-to-house-of-georgetown-rabbi-charged-with-voyeurism.php#comments). Washingtonian. Retrieved December 30, 2014. 93. Boorstein, Michelle (April 1, 2015). \"Wife of rabbi charged with voyeurism speaks for the first time \u2014 in biblical parables\" ( -rabbi-accused-of-voyeurism-speaks-for-the-first-time-in-biblical-parables/). The Washington Post. Retrieved April 2, 2015. 94. Greenberg, Molly (March 2, 1015). \"Rabbi Arrested on Voyeurism Charges Quit His Tenured Job at Towson\" ( -university Inno. Retrieved March 9, 2015. 95. Knezevich, Alison (February 27, 2015). \"Rabbi resigns from Towson University after guilty plea; earns more than $30,000 while suspended\" ( og/bs-md-co-freundel-resigns-towson-20150227-story.html). The Baltimore Sun. Retrieved March 1, 2015. 96. \"Religion: Barry Freundel\" ( The Jewish Daily Forward. November 9, 2014. Retrieved February 3, 2015. 97. Kaplan Sommer, Allison (December 18, 2014). \"Ten scandals that rocked the Jewish world in 2014\" ( Haaretz. Retrieved February 4, 2015. 98. \"After voyeurism scandal panel urges conversion reform\" ( er-voyeurism-scandal-rca-panel-urges-conversion-reform/). The Times of Israel. July 6, 2015. Retrieved July 7, 2015. 99. Freundel, Bernard (September 9, 2015 personal statement of apology from Rabbi Freundel\" ( l-statement-of-apology-from-rabbi-freundel/breaking-news/). Washington Jewish Week. Archived from the original ( abbi-freundel/breaking-news/) on September 11, 2015. Retrieved September 10, 2015. 2/22/25, 6:04 Barry Freundel - Wikipedia 16/17 100. Traiger, Lisa (July 14, 2017). \" 'Constructive Fictions' Takes on Freundel Scandal\" ( es.com/64233/constructive-fictions-takes-on-freundel-scandal/arts_life/). Baltimore Jewish Times. Retrieved July 17, 2017. 101. Michelle Boorstein; Keith L. Alexander (April 2, 2020) [2020-04-01]. \"D.C. rabbi who secretly video-recorded dozens of women is released from jail early\" ( gion/2020/04/01/dc-rabbi-released-prison-barry-freundel-mikvah/). The Washington Post. Washington 0190-8286 ( 1330888409 ( 102 2000 Most Abortions Forbidden by Jewish Law\" ( 3522/ Archived from the original ( c.org/news/2000/NRL07/jewish.html) on December 27, 2005. Retrieved June 20, 2023. 103. Freundel, Barry (2003). Contemporary Orthodox Judaism's Response to Modernity Publishing House. 104. \"Middle East\" ( ast.htm). June 3, 2002. Archived from the original on June 3, 2002. Retrieved June 20, 2023. 105. Cloning Human Beings ( g.pdf) Archived ( eports/past_commissions/nbac_cloning.pdf) May 3, 2005, at the Wayback Machine, Report and Recommendations of the National Bioethics Advisory Commission, June 1997. 106. The Ethics Of Human Cloning ( 1.html) Archived ( cademics/religiousstu/writings/logston1.html) March 25, 2008, at the Wayback Machine 107. Homosexuality and Judaism ( Archived ( eb.archive.org/web/20110721045953/ July 21, 2011, at the Wayback Machine, Journal of Halacha and Contemporary Society, Volume - 1986. 108. Freundel, Barry (August 3, 2014). \"Against Open Orthodoxy\" ( 01180034/ Mosaic. Archived from the original ( y) on January 1, 2015. Retrieved December 23, 2014. U.S. V. Bernard Freundel, 2014 18262 ( tance/us-v-bernard-freundel/) Retrieved from \" External links 2/22/25, 6:04 Barry Freundel - Wikipedia 17/17", "7609_102.pdf": "Rabbi Sentenced to 6 1/2 Year Prison Term on Voyeurism Charges, Admitted Secretly Taking Video Recordings of Dozens of Women Friday, May 15, 2015 For Immediate Release U.S. Attorney's Office, District of Columbia Defendant Hid Cameras, Recorded Women Preparing for Ritual Bath \u2013 Bernard (\u201cBarry\u201d) Freundel, a rabbi who had worked for a Jewish congregation in Washington, D.C., was sentenced today to a prison term of six years and six months on 52 counts of voyeurism stemming from a series of incidents between 2009 and 2014 in which he secretly took video recordings of women preparing for a Jewish ritual bath. The sentence was announced by Acting U.S. Attorney Vincent H. Cohen, Jr. and Cathy L. Lanier, Chief of the Metropolitan Police Department (MPD). Freundel, 63, of Washington, D.C., pled guilty in February 2015 to the misdemeanor charges before the Honorable Senior Judge Geoffrey M. Alprin in the Superior Court of the District of Columbia. The sentencing came at the end of a three-hour hearing in which more than a dozen women told the Court of the emotional impact they continue to endure because of 2/22/25, 6:04 District of Columbia \| Rabbi Sentenced to 6 1/2 Year Prison Term on Voyeurism Charges, Admitted Secretly Taking Video Recording\u2026 1/5 Freundel\u2019s abuse of his position of trust. Judge Alprin sentenced Freundel to 45 days in prison for each of the 52 victims, calling his actions \u201ca classic abuse of power and violation of trust.\u201d The judge also ordered Freundel to pay $13,000 to a crime victims' fund. Freundel, who had been free on personal recognizance, was taken into custody to begin serving his sentence. \u201cToday the Court heard the heart-wrenching accounts of the victims of Barry Freundel\u2019s exploitation,\u201d said Acting U.S. Attorney Cohen. \u201cTheir stories make clear the lasting scars that will be left by this outrageous abuse of power. This prosecution was an effort to restore the dignity that Barry Freundel tried to steal from these women. We hope that the scores of victims of his crimes will find some solace in the justice meted out by the court today.\u201d \u201cIt is my hope that the many victims in this case draw a small measure of relief from the sentencing action today,\u2019 said Chief Lanier. \u201cHis actions wounded an entire religious community, and showed a flagrant disregard for his position of trust within that community am confident that today\u2019s action by the courts will serve to continue the healing process for the many unwitting victims of this predator.\u201d According to a factual proffer submitted at the earlier plea hearing, between early 2009 and October 2014, Freundel was the sole Rabbi of Kesher Israel congregation in Northwest Washington. Kesher Israel is adjacent to the National Capital Mikvah, a Jewish ritual bath mikvah is used primarily by Orthodox Jewish women for monthly spiritual purification and by other individuals as the final step in the Orthodox Jewish conversion process. The National Capital Mikvah has two changing/showering rooms connected to the room with the ritual bath. On numerous occasions between early 2009 and October 2014, the defendant installed and maintained electronic recording devices in the larger of the two changing/showering rooms. Freundel did so for the sole purpose of secretly and surreptitiously recording women who were using the bathroom and shower; these women were totally and partially undressed before and/or after showering. The women recorded did not know they were being recorded and did not consent to being recorded. On Oct. 12, 2014, Freundel entered the larger changing/showering room with a clock radio that contained a hidden recording device. He placed the clock radio on the countertop of the sink and positioned the recording element so that it faced the shower area. He then left the changing area. Shortly thereafter, the clock radio was taken by an individual associated with the Mikvah, who immediately turned it over to the MPD, leading to an investigation. Freundel was arrested on Oct. 14, 2014. Law enforcement executed search warrants to examine the contents of the clock radio and to seek evidence at Freundel\u2019s home and office at Towson University. Computer forensic examinations of all of the electronic devices and digital media storage devices seized from the defendant\u2019s home and office revealed recordings made by the defendant of at least 52 women who were totally or partially undressed in the large 2/22/25, 6:04 District of Columbia \| Rabbi Sentenced to 6 1/2 Year Prison Term on Voyeurism Charges, Admitted Secretly Taking Video Recording\u2026 2/5 showering/changing room of the Mikvah on a total of 25 different dates between March 4, 2012 and Sept. 19, 2014. These are the women who are the subjects of the charges to which Freundel pled guilty today. The charge of voyeurism has a three-year statute of limitations. In addition to the 52 recordings that were the subject of the plea, computer forensic examinations revealed that Freundel secretly and surreptitiously recorded approximately 100 additional women totally or partially undressed before and/or after showering in the large bathroom at the National Capital Mikvah between 2009 and September 2014. These women did not know that they were being recorded and did not consent to being recorded. In announcing the sentence, Acting U.S. Attorney Cohen and Chief Lanier commended the work of those who investigated the case for the Metropolitan Police Department, including officers and detectives of the Second Police District. They also recognized the assistance provided by the Towson University Police Department. In addition, they acknowledged the efforts of those who worked on the case from the U.S. Attorney\u2019s Office, including Jelahn Stewart, Chief of the Victim/Witness Assistance Unit; Sharon Marcus-Kurn, Deputy Chief of the Sex Offense and Domestic Violence Section; Lead Paralegal Specialist Wanda Trice; Victim/Witness Advocate Lezlie Richardson; Victim/Witness Advocate Supervisor Dr. Lorraine Chase; and Criminal Investigator John Marsh. Finally they expressed appreciation for the work of Assistant U.S. Attorneys Amy H. Zubrensky and Rebekah Holman, who investigated and prosecuted the case. Updated May 15, 2015 Component - District of Columbia Press Release Number: 15-099 Related Content 2/22/25, 6:04 District of Columbia \| Rabbi Sentenced to 6 1/2 Year Prison Term on Voyeurism Charges, Admitted Secretly Taking Video Recording\u2026 3/5 Darknet Drug Trafficking Couple from Las Vegas Sentenced in D.C. to Federal Prison Terms WASHINGTON\u2014Rushan Lavar Reed, 47, and Celeste Nicole Reed, 28, both of Las Vegas, Nevada, were sentenced today in U.S. District Court to 51 months and 37 months in federal prison... February 13, 2025 Statement from U.S. Attorney Edward R. Martin, Jr. See below statement from U.S. Attorney Edward R. Martin, Jr. January 24, 2025 U.S. Attorney\u2019s Office Concludes Investigation Into Fatal Police Shooting of Dalaneo Martin The U.S. Attorney\u2019s Office for the District of Columbia announced today that there is insufficient evidence to pursue federal criminal civil rights or District of Columbia charges against a United... November 7, 2024 District of Columbia Main Office: 601 Street Washington 2/22/25, 6:04 District of Columbia \| Rabbi Sentenced to 6 1/2 Year Prison Term on Voyeurism Charges, Admitted Secretly Taking Video Recording\u2026 4/5 Email Telephone: (202) 252-7566 2/22/25, 6:04 District of Columbia \| Rabbi Sentenced to 6 1/2 Year Prison Term on Voyeurism Charges, Admitted Secretly Taking Video Recording\u2026 5/5"}
7,767	Pierre Calabria	Pierre Calabria	[ "7767_101.pdf", "7767_101.pdf" ]	{"7767_101.pdf": "-1 JOHNSON, Plaintiff-Appellee/Cross-Appellant December 14, 2004 v No. 247975 Washtenaw Circuit Court No. 99-010505 Defendant-Appellant/Cross- Appellee, and and CALABRIA, Defendants. Before: Whitbeck, C.J., Jansen and Bandstra CURIAM. Defendant,1 University of Michigan Regents, appeals as of right from a trial court judgment entered, on a jury verdict, in favor of plaintiff with regard to her claim of hostile environment sexual harassment pursuant to the Elliot Larsen Civil Rights Act (hereinafter \u201cCRA\u201d).2 Plaintiff filed a claim of cross appeal challenging the trial court\u2019s denial of her 1 The singular use of \u201cdefendant\u201d refers to the University of Michigan Regents, who is the appellant, and use of the term \u201cdefendants\u201d refers to the University of Michigan Regents plus Paul Boylan and Pierre Calabria, who were dismissed. The claim against Calabria was dismissed without prejudice as he was not timely served with process pursuant to 2.102(E)(2). After a directed verdict motion and stipulation by plaintiff, the trial court dismissed Boylan as an individual defendant. 2 The trial court entered a judgment on the verdict in favor of plaintiff on the claim of hostile environment sexual harassment for $304,927.17 plus interest, dismissing all claims against Boylan and the retaliation claim against defendant based on the directed verdict motion ruling, and dismissing the quid pro quo claim against defendant based on the verdict. -2- attempts to compel discovery regarding her race discrimination claim and the order granting summary disposition on this claim. We reverse and remand Plaintiff, an oboist, entered the Master\u2019s Performance Program at the University of Michigan School of Music for the 1997-1998 academic year. Plaintiff auditioned and was placed in the University Philharmonic Orchestra (hereinafter \u201cUPO\u201d).3 Professor Pierre Calabria, an Assistant Professor of Music, was the conductor for the UPO. Around November 14, 1997, plaintiff went to Richard Beene, her bassoon teacher, and told him she was having problems with Calabria harassing her, and plaintiff was taken to the Dean of the School of Music, Paul Boylan. Dean Boylan referred plaintiff to the Associate Dean of Academic and Student Affairs and the Affirmative Action Officer for the School of Music, Willis Patterson. Associate Dean Patterson asked plaintiff to write a formal complaint and to get other students to come forward. Plaintiff, Arianna Smith, and an anonymous female student submitted letters regarding Calabria\u2019s behavior. Plaintiff submitted her letter to the School of Music on November 17, 1997, complaining that the harassment from Calabria was on a regular basis and providing the following examples: (1) sexual comments, related to the music, were made to the whole orchestra; (2) Calabria came to plaintiff\u2019s job and harassed her by making comments about her clothing; (3) Calabria mentioned a romance in the making between the two of them; (4) Calabria asked if plaintiff was a massage therapist who could massage him; (5) Calabria offered to buy plaintiff wine on numerous occasions; and (6) Calabria would berate and yell at plaintiff, which she thinks was because she did not respond to his sexual advances. The anonymous female presented a letter alleging that she was the subject of several unsolicited advances by Calabria, including that he kissed her four or five times on the cheek and the head, he asked her out to dinner, and put his arm around her. In Smith\u2019s letter she alleged that Calabria had commented on how sexy it was when she was showing stomach, asked her if she was tan all over, and asked if he could buy her books and flowers because he was appreciative of her work. On November 19, 1997, Associate Dean Patterson met with Calabria, explained the allegations, and told him that the University took the allegations seriously. According to Associate Dean Patterson, Calabria basically admitted to the allegations contained in the letters from Smith and the anonymous female, but denied most of the allegations from plaintiff, claiming that this was her reaction to his being severely critical of her play and voicing his dissatisfaction with her play in front of the orchestra. Associate Dean Patterson read a statement to Calabria from Dean Boylan which provided that either a reprimand would be placed in his file or he could resign and be relieved of his teaching responsibilities for the academic year. Calabria refused to resign, and Associate Dean Patterson informed Calabria of the possible ramifications of a reprimand letter being filed and further informed him that it was important that he modify his behavior. Associate Dean Patterson also warned Calabria not to give the three students any reason to believe he was being vengeful. Associate Dean Patterson submitted a 3 The was the lesser orchestra, as compared to the University Symphony Orchestra (hereinafter \u201cUSO\u201d). -3- letter to Dean Boylan regarding his investigation. Associate Dean Patterson also wrote a letter to plaintiff regarding his meeting with Calabria and informed her that Calabria understood the problem, and that she should not to hesitate to call him if she had any further problems. Dean Boylan placed the students\u2019 letters and Associate Dean Patterson\u2019s letter in the file; however, he did not write a letter of reprimand. Dean Boylan explained that he was advised by General Counsel that having Associate Dean Patterson\u2019s letter and the students\u2019 complaint letters as a permanent part of Calabria\u2019s faculty record would keep Calabria from working in the United States. Dean Boylan met with Calabria and spoke to him about his behavior, gave him a \u201cstiff\u201d verbal warning, and threatened him with regard to not teaching the next term. Dean Boylan testified that he monitored Calabria\u2019s behavior following plaintiff\u2019s complaint. Dean Boylan told plaintiff that there had been a discussion with Calabria, and that Calabria had been advised that he needed to alter his behavior. After reporting Calabria, plaintiff avoided Calabria, and never again had any contact or further problems with him. Plaintiff did not want to continue in the for the remainder of the semester, and she was excused from the for the duration of the term, and given an in the class for the fall semester. Plaintiff did not enroll for the winter semester of the 1997-1998 academic year. On May 1, 1998, a letter was sent to Calabria informing him that for the 1998- 1999 academic year he would have no teaching assignments and no office space. Calabria did not return for the 1998\u20131999 school year. For the academic year of 1998-1999, plaintiff went to Southern Illinois, where she was promised an oboe assistantship, a full tuition stipend, an opportunity to study with the principal oboist in the St. Louis symphony, and an opportunity to play in other graduate ensembles. As a result of the above discussed events, plaintiff filed a complaint against defendants alleging sexual harassment, retaliation, race discrimination, and discrimination based on harasser status. Defendants filed a motion for summary disposition, which the trial court denied with regard to the hostile environment sexual harassment claim, the quid pro quo claim, and the retaliation claim. An order was entered dismissing plaintiff\u2019s racial discrimination and \u201charasser status\u201d claims with prejudice, and later a directed verdict was entered on the retaliation claim jury found defendant not liable for quid pro quo sexual harassment, liable for hostile environment sexual harassment, and found damages in the amount of $250,000. Subsequently, plaintiff filed a motion for an award of attorneys\u2019 fees and costs pursuant to 37.2802. The trial court entered an opinion and order granting plaintiff\u2019s motion for costs and attorney fees in the amount of $184,656.25 for attorney fees and $12,563 for costs Defendant contends that the trial court erred in denying its motion for summary disposition with regard to plaintiff\u2019s hostile environment sexual harassment claim. We agree. A. Standard of Review On appeal, a trial court's decision on a motion for summary disposition is reviewed de novo. Dressel v Ameribank, 468 Mich 557, 561; 664 NW2d 151 (2003). This Court must review the record in the same manner as must the trial court to determine whether the movant was entitled to judgment as a matter of law. Morales v Auto-Owners Ins, 458 Mich 288, 294; -4- 582 NW2d 776 (1998); Michigan Educational Employees Mutual Ins Co v Turow, 242 Mich App 112, 114-115; 617 NW2d 725 (2000 motion for summary disposition under 2.116(C)(10) tests whether there is factual support for a claim. Spiek v Dep't of Transportation, 456 Mich 331, 337; 572 NW2d 201 (1998); Mino v Clio School District, 255 Mich App 60, 67; 661 NW2d 586 (2003). When deciding a motion for summary disposition, a court must consider the pleadings, affidavits, depositions, admissions and other documentary evidence submitted in the light most favorable to the nonmoving party. Ritchie-Gamester v City of Berkley, 461 Mich 73, 76; 597 NW2d 517 (1999 genuine issue of material fact exists when the record, giving the benefit of reasonable doubt to the opposing party, leaves open an issue upon which reasonable minds could differ. Allstate Ins Co v State, 259 Mich App 705, 709-710; 675 NW2d 857 (2003). B. Hostile Environment Claim Defendant contends that its motion for summary disposition should have been granted with regard to plaintiff\u2019s hostile environment sexual harassment claim because plaintiff did not establish that the unwelcome sexual conduct or communication substantially interfered with her education, and also did not establish that defendant failed to take appropriate remedial action upon receiving notice. We find that the trial court erred in denying defendant\u2019s motion for summary disposition on plaintiff\u2019s hostile environment sexual harassment claim because no genuine issue of material facts exists with regard to whether defendant took appropriate remedial action upon receiving notice of the alleged sexual harassment. With regard to hostile environment sexual harassment 37.2103(i) provides: Discrimination because of sex includes sexual harassment. Sexual harassment means unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct or communication of a sexual nature under the following conditions: * * * (iii) The conduct or communication has the purpose or effect of substantially interfering with an individual's employment, public accommodations or public services, education, or housing, or creating an intimidating, hostile, or offensive employment, public accommodations, public services, educational, or housing environment. [Emphasis added; see also Chambers v Trettco, 463 Mich 297, 310; 614 NW2d 910 (2000).] To establish a claim of hostile environment sexual harassment, plaintiff must prove the following elements by a preponderance of the evidence: (1) she belonged to a protected group; (2) she was subjected to communication or conduct on the basis of sex; (3) she was subjected to unwelcome sexual conduct or communication; (4) the unwelcome sexual conduct or communication was intended to or in fact did substantially interfere with her education or created an intimidating, hostile, or offensive environment; and (5) respondeat superior. Chambers, supra at 311, citing -5- Radtke v Everett, 442 Mich 368, 382-383; 501 NW2d 155 (1993); see also Elezovic v Ford Motor Co, 259 Mich App 187, 192; 673 NW2d 776 (2003).4 Defendant claims that plaintiff failed to establish respondeat superior because there is no showing that defendant had notice of Calabria\u2019s conduct prior to November 1997 or that it failed to take remedial action upon finding out in November 1997. We agree. The defendant is liable for hostile environment sexual harassment only if it failed to investigate and take prompt, appropriate remedial action after having been put on notice of the harassment. Chambers, supra at 313 defendant cannot be held liable for a hostile environment unless it received actual or constructive notice of the harassing conduct. Id. at 319; Sheridan v Forest Hills Public Schools, 247 Mich App 611, 621; 637 NW2d 536 (2001). Notice is considered adequate if, under the totality of the circumstances and viewing the circumstances objectively, a reasonable defendant would have known there was a substantial probability that the plaintiff was being sexually harassed. Sheridan, supra at 622. The first question is whether defendant had notice prior to November 1997 when plaintiff reported Calabria, which was the first time defendant attempted to take remedial action. Defendants asserted that there was no notice until around November 14, 1997, when plaintiff reported to Beene. Plaintiff, in opposition to defendants\u2019 motion for summary disposition, contended that defendant had actual or constructive notice because of a memorandum dated September 18, 1995, from Kenneth Kiesler, a professor of conducting, to Dean Boylan. In the memorandum, Kiesler expressed concerns regarding Calabria, because when a female student asked to attend one of Kiesler\u2019s conducting seminars, Calabria said \u201cWho wouldn\u2019t want a pretty girl like you in his class?\u201d Plaintiff also submitted that the following supported actual notice or constructive notice: (1) on numerous occasions Calabria would speak to Kiesler in a way that made him feel uncomfortable by commenting on women sexually or commenting that he would like to date a female student or faculty member; (2) Kiesler witnessed Calabria, while demonstrating his conducting skills before he was hired, making a female feel uncomfortable while he was teaching her because of the way he stood over her; and (3) Kiesler had heard both men and women comment that they were uncomfortable around Calabria. Prior to November 1997, when plaintiff reported the sexual harassment, defendant had no actual or constructive notice of the sexual harassment alleged by plaintiff. As noted above, with regard to a hostile environment claim, \u201can employer may avoid liability for a claim of sexual harassment if it does not have actual or constructive notice of the alleged harassment.\u201d Elezovic, supra at 193 (emphasis added); see also Radtke, supra at 396-397 n 44 . \"Notice of sexual harassment is adequate if, by an objective standard, the totality of the circumstances were 4 We note that the cited cases were decided in the employment context; however, the holdings are applicable in the educational context as well. The is composed of eight articles that serve distinct purposes. The discriminatory actions prohibited by the are set forth in articles 2 through 5: article 2 prohibits employment discrimination, article 3 prohibits discrimination in places of public accommodation, article 4 prohibits discrimination in educational institutions, and article 5 prohibits housing discrimination. -6- such that a reasonable employer would have been aware of a substantial probability that sexual harassment was occurring.\" Chambers, supra at 319. \u201cThe employee can demonstrate that the employer knew of the harassment by showing that she complained to higher management of the harassment . . . or by showing the pervasiveness of the harassment, which gives rise to the inference of knowledge or constructive knowledge.\" McCarthy v State Farm Ins Co, 170 Mich App 451, 457; 428 NW2d 692 (1988), quoting Henson v Dundee, 682 F2d 897, 905 11, 1982). In the educational context, plaintiff can show the University had notice if she reported to a school administrator or professor; she did not until November 1997. 5 There is no support for plaintiff\u2019s contention that defendant had any adequate actual notice that plaintiff was being subjected to sexual harassment by Calabria or to an environment made hostile by sexual harassment, as she reported nothing until November 1997. Plaintiff acknowledged that there were no witnesses to the alleged incidents of sexual harassment against her. Further, there was no showing that the pervasiveness of Calabria\u2019s harassment gave rise to constructive knowledge. See McCarthy, supra at 457. Plaintiff has not adduced evidence in opposition to defendant\u2019s motion for summary disposition6 to support the claim that Calabria's conduct was so pervasive that it gives rise to the inference of knowledge or constructive knowledge. Sheridan, supra at 627; McCarthy, supra at 457. The evidence submitted that Calabria made some women feel uncomfortable in the past, made comments to Kiesler about dating certain female students, and made a comment about a girl being pretty did not establish that there was pervasive sexual harassment such that defendant had constructive notice. See Elezovic, supra at 196; McCarthy, supra at 457. Further, even if Calabria made other students uncomfortable in the past, it cannot be said to establish notice with respect to plaintiff's claim of harassment. See id.; Sheridan, supra at 627-628. Viewing the submissions in a light most favorable to plaintiff, we find on review de novo no actual notice or constructive notice because the circumstances were not such that a reasonable university administrator or professor would have been aware of a substantial probability that sexual harassment was occurring. Because plaintiff failed to show that she provided actual notice or that the under the circumstances there was constructive notice to defendant concerning 5 We note that there were bulletin boards with the sexual harassment policy posted, which encourage students to report sexual harassment and students were provided the sexual harassment policy in the student handbooks. 6 Once the moving party has specifically identified the matters which have no disputed factual issues 2.116(G)(4), Maiden v Rozwood, 461 Mich 109, 120; 597 NW2d 817 (1999), and has supported the position by affidavits, depositions, admissions, or other documentary evidence, Smith v Globe Life Ins Co, 460 Mich 446, 455; 597 NW2d 28 (1999), the party opposing the motion then has the burden of showing by evidentiary materials that a genuine issue of disputed fact exists, Smith, supra. When the burden of proof at trial would rest on the nonmoving party, the nonmovant may not rest upon mere allegations or denials in the pleadings, but must, by documentary evidence, set forth specific facts showing that there is a genuine issue for trial. Quinto, supra at 362. -7- the existence of the alleged sexual hostile environment prior to November 1997, we find on review de novo that defendant cannot be vicariously liable for a hostile environment claim unless it failed to adequately investigate and take prompt and appropriate action upon learning of Calabria\u2019s conduct from plaintiff in November 1997. See Chambers, supra at 312; Radtke, supra at 395 n 41; Sheridan, supra at 621. Defendant, in its motion for summary disposition, contended that plaintiff could not prove that prompt and appropriate remedial action was not taken because as soon as plaintiff complained of the conduct, Associate Dean Patterson commenced an investigation and immediate steps were taken to assure that plaintiff would not be subjected to Calabria\u2019s conduct or any form of retaliation. Specifically, defendant asserted that within days of plaintiff\u2019s complaint: (1) her allegations had been investigated; (2) Calabria had been reprimanded; (3) plaintiff had been removed from any potential further harassment or retaliation; and (4) plaintiff admitted that she did not have any further problems with Calabria after she complained. Plaintiff, in opposition to the motion for summary disposition, contended that the defendant\u2019s response was inadequate and not appropriate because: (1) a reprimand was not placed in Calabria\u2019s file; (2) Associate Dean Patterson did not believe that plaintiff was made to feel comfortable; (3) Dean Boylan incorrectly informed plaintiff that Calabria\u2019s contract would be up after the 1997-1998 school year and he would be leaving; (4) Dean Boylan did not make the decision to relieve Calabria of his duties until plaintiff indicated litigation was a possibility; 7 and (5) a similar occurrence happened early in the winter semester in which a female pianist felt uncomfortable and thought Calabria might have been asking her on a date. Plaintiff does not dispute that defendant took prompt action upon learning of plaintiff\u2019s complaint in November 1997. The dispute is with regard to whether the appropriate remedial action was taken. We find, on review de novo, that actions taken by defendant reasonably served to prevent future harassment of plaintiff. Plaintiff went to Beene around August 14, 1997, and Beene took plaintiff to Dean Boylan, who was concerned by the behavior and urged plaintiff to speak with Associate Dean Patterson, who was the affirmative action officer. At a meeting on November 19, 1997, Associate Dean Patterson explained the seriousness of the investigation, read the complaint letters to Calabria, and read a portion of a message from Dean Boylan, which informed Calabria that he had the option of having a reprimand placed in his file or that he could resign from all 7 Plaintiff contends that the decision to release Calabria was not made until April 9, 1998 when Associate Dean Patterson informed Dean Boylan that plaintiff was considering litigation because plaintiff had learned Calabria\u2019s contract was not set to end and she would not be able to return to following year. On April 16, 1998, at a School of Music Executive Committee meeting, the committee considered the replacement of Calabria. During the April 30, 1998 meeting it was noted that Calabria had been informed that he would have no teaching assignment for the 1998- 1999 school year and that his salary would be paid to complete his contract. Dean Boylan denied that the Executive Committee\u2019s decision and discussions were based on his learning from Associate Dean Patterson that plaintiff was considering legal proceedings. -8- teaching responsibilities for the year with his salary. After Associate Dean Patterson explained the consequences of having a reprimand, Calabria stated he would accept that rather than resign. Associate Dean Patterson explained to Calabria that he needed to modify his behavior and not retaliate. By November 20, 1997, Associate Dean Patterson had issued a report to Dean Boylan with regard to his investigation. The report provided, in part explained to Prof. Calabria that it was important for him to modify his behavior with students that he give the three students who made the complaints no reason to suspect that he was being vengeful to them for seeking redress and relief from perceived indiscretions by him told him would file this report to you, and would inform the students involved in this matter that our meeting had taken place tried to make aware [sic] of the possibility of further action from you, and/or from the students. On December 2, 1997, Dean Boylan met with Calabria, at which time he orally reprimanded Calabria and advised him to modify his behavior. Dean Boylan also met with Calabria on December 12, 1997, to further discuss the reprimand. In April 1998, Calabria was informed that he would not be assigned to teach or have office space for the 1998-1999 academic year. Plaintiff contends that appropriate remedial action was not taken because there was not a reprimand placed in Calabria\u2019s file. However, defendant warned Calabria through both Dean Boylan and Associate Dean Patterson, and Calabria was informed that a reprimand was going to be placed in his file. Associate Dean Patterson\u2019s letter and complaint letters of the student adequately served as a reprimand in Calabria\u2019s file. With regard to the reprimand, in his deposition testimony, Dean Boylan testified that the letter from Patterson placed in Calabria\u2019s file was \u201cdeemed to be the appropriate document to be retained in his file as record of the findings of the affirmative action of the School of Music office.\u201d Dean Boylan also testified, in his deposition, that having that letter in Calabria\u2019s file was \u201cextremely severe\u201d because it was a part of his permanent record and would keep him from working in the United States. Dean Boylan further testified in his deposition that \u201che felt confident that [Calabria] would not\u201d sexually harass students in the future because thought he was sufficiently warned and in fear that he would be more cautious and modify his behavior.\u201d Regardless, the salient question is not whether the reprimand was actually placed in Calabria\u2019s file, but whether the action was reasonable to prevent future harassment of plaintiff. Calabria was warned and thought there was a reprimand placed in his file, which would have the same effect on his behavior towards plaintiff regardless whether the reprimand was ever actually placed in his file. Calabria was concerned enough that he contacted an attorney. There was no further contact between Calabria and plaintiff. In Chambers, supra, our Supreme Court emphasized that \"the relevant inquiry concerning the adequacy of the employer's remedial action is whether the action reasonably served to prevent future harassment of the plaintiff.\" Id. at 319 (emphasis added). There is no support for plaintiff\u2019s contention that the documents that were placed in Calabria\u2019s file and the verbal reprimands that came with them did not reasonably serve to prevent future harassment of plaintiff. Plaintiff also contends that defendant\u2019s response was not appropriate because Associate Dean Patterson did not think plaintiff was made to feel comfortable and that plaintiff was wrongly informed that Calabria\u2019s contract would be up at the end of the 1997-1998 academic -9- year. Once again, however, these facts have no bearing on the pertinent question, which is whether the actions reasonably served to prevent future harassment of the plaintiff. Next, plaintiff argues that the response was not appropriate because defendant was not relieved of his teaching responsibilities until plaintiff indicated that litigation was a possibility. The problem with this argument is that defendant was not required to relieve Calabria of his teaching duties in order take appropriate remedial action. And, the plaintiff does not dictate what the appropriate remedial action is; the action does not have to be termination in all circumstances.8 Thus, even if defendant did not relieve Calabria of his teaching duties until after plaintiff mentioned litigation, this does not support that the action taken does not reasonably serve to prevent future harassment of the plaintiff. See Chambers, supra at 319. Plaintiff further contends that the response was inadequate because a similar incident subsequently occurred in the winter semester. This contention is again without merit because the test for whether an employer\u2019s remedy was appropriate is whether it reasonably served to prevent future harassment of the plaintiff, not whether the remedial effort was effective in ending all harassment.9 See Knabe v Boury Corp, 187 F3d 407, 412 3, 1997) (\u201c[A]n action that proves to be ineffective in stopping the harassment may nevertheless be found reasonably calculated to prevent future harassment and therefore adequate.\u201d) The remedial action taken by defendant did serve to prevent future harassment of plaintiff.10 See Chambers, supra at 319. Lastly, plaintiff contends that the action taken was not appropriate because it resulted in a constructive expulsion of plaintiff. Plaintiff, in her response to defendant\u2019s motion for summary disposition, claims that she should have been placed in the because there was an opening and that it was unreasonable for anyone to expect her to audition. Dean Boylan excused plaintiff from the for the remainder of the term, and Dean Boylan authorized Associate Dean Patterson to grade plaintiff so she would not be punitively graded; plaintiff received an for the 8 In Blankenship v Parke Care Centers, 123 F3d 868, 874 6, 1997), a Title case, the Sixth Circuit indicated that a \u201charassment victim may not dictate an employer's action against a co-worker.\u201d In this case, plaintiff should not dictate the University\u2019s actions against Calabria. Further, defendant, in its brief on appeal, cites Danca v Kmart Corp, unpublished per curiam opinion of the Court of Appeals, issued August 25, 2000 (Docket No. 208738), where this Court found a response was adequate where harasser was questioned and an employer placed a written report of the incident in his personnel file. It is noted unpublished opinions are not binding precedent 7.215(C)(1), but we consider the case persuasive. 9 Defendant, in its brief on appeal, cites Trebilcott v Digital Equipment Corp, unpublished per curiam opinion of the Court of Appeals, issued August 7, 1998 (Docket No. 199088), where this Court cited Knabe, supra, for the proposition that the test is not whether the remedy was effective but instead whether it was \u201creasonably calculated to end the harassment.\u201d) It is noted unpublished opinions are not binding precedent 7.215(C)(1), but we consider the case persuasive. 10 In addition, it is not clear that the individual in the winter semester was sexually harassed. Evidence indicated only that she was made to feel uncomfortable and thought Calabria might ask her on a date. -10- fall term. Plaintiff was allowed an opportunity to audition for the USO, but did not avail herself of it position in the was clearly superior to a position in the UPO, and plaintiff wanted to be assigned the position without auditioning. Kiesler, in his deposition, stated that students are to audition for positions, and if plaintiff had not made the USO, there were other major ensembles she could have played in such as the symphony band. Associate Dean Patterson testified in his deposition that there were discussions with Reynolds regarding plaintiff being in the highest wind ensemble if she did not make the USO. Taking appropriate action to prevent further harassment does not require defendant to place plaintiff in a certain orchestra. Further, plaintiff never even auditioned for any position. Dean Boylan in his deposition testified that he was prepared to speak with Kiesler and give plaintiff access to the UPO, but this situation never arose because she never showed up to audition. This Court cannot speculate as to what would have happened if plaintiff had auditioned. The does not require defendant to discharge the harasser and make sure he and plaintiff never come in contact. Nor is defendant required to assign plaintiff to the higher orchestra to avoid Calabria. Plaintiff was removed from the at her request for the fall semester and she was given an A. For the winter term she was given an opportunity to audition for a position that would keep her out of the where Calabria was. In addition, the indication was that if plaintiff had not made the and wanted to be in a major ensemble other than the she could have entered the symphony band. But plaintiff did not avail herself of her opportunity. Defendant is not required to make sure plaintiff and Calabria never come in contact, and there is no dispute that once defendant received notice plaintiff never had further contact with Calabria.11 There is no genuine issue of material fact with regard to whether defendant took appropriate remedial action to prevent future harassment of plaintiff. Defendant promptly investigated and reprimanded Calabria, and there was no further harassment of plaintiff. Nothing in the dictates the specific action that defendant must take. Again \"the relevant inquiry concerning the adequacy of the employer's remedial action is whether the action reasonably served to prevent future harassment of the plaintiff.\" Id. at 319. Accepting plaintiff\u2019s allegations that are supported by documentary submissions as true, we find, on review de novo, there is no genuine issue of material fact as to whether defendant\u2019s actions reasonably served to prevent future harassment of plaintiff. To hold otherwise would require an employer or university, in this case, to terminate any individual that creates a hostile environment, regardless of the level of the harassment. Viewing the evidence that was before the trial court,12 plaintiff has not presented a genuine issue of fact because defendant\u2019s actions reasonably served to prevent future harassment of the plaintiff, thus, plaintiff has not established the respondeat 11 In Blakenship, supra at 874-875, a Title case, the Sixth Circuit indicated that removal of the harasser was not necessary and the harasser and harassed could continue to work in the same proximity as long as there was no further harassment. 12 This Court must review the record in the same manner as must the trial court to determine whether the movant was entitled to judgment as a matter of law. Morales, supra at 294; Michigan Ed Employees Mut Ins Co, supra at 114-115. -11- superior element of her claim. Therefore, the trial court erred in denying defendant\u2019s motion for summary disposition with regard to plaintiff\u2019s hostile environment sexual harassment claim On cross appeal, plaintiff contends that the trial court\u2019s refusal to compel discovery that would have permitted plaintiff to show disparate treatment of sexual harassment complaints on a campus wide basis was an abuse of discretion. This issue has been abandoned. Plaintiff\u2019s brief on cross appeal was not filed timely and was not filed in conformance with 7.212(E). Plaintiff received an extension to file her appellee/cross appellant brief by October 11, 2003, but did not file her brief until October 14, 2003. Plaintiff filed a motion to extend, but this Court denied it. Thus, it appears that plaintiff\u2019s brief for her cross appeal (same as her appellee brief) was not timely. Further, plaintiff did not state the basis of the jurisdiction for her cross appeal 7.212(E) and 7.212(C)(4), and did not identify her cross appeal questions in her questions presented 7.212(E) and 7.212(C)(5), and her argument was not supported by citation to appropriate authority or policy 7.212(C)(7), (E). In plaintiff\u2019s initial brief she does not cite any authority that supports her position and only presents a cursory one paragraph argument. The appellant may not merely announce her position and leave it to this Court to discover and rationalize the basis for her claims, Wilson v Taylor, 457 Mich 232, 243; 577 NW2d 100 (1998); Ambs v Kalamazoo Co Rd Comm, 255 Mich App 637, 650; 662 NW2d 424 (2003), nor may she give issues cursory treatment with little or no citation of supporting authority, Goolsby v Detroit, 419 Mich 651, 655 n 1; 358 NW2d 856 (1984); Silver Creek Twp v Corso, 246 Mich App 94, 99; 631 NW2d 346 (2001), or fail to address the basis of the trial court\u2019s decision, Joerger v Gordon Food Service, Inc, 224 Mich App 167, 175; 568 NW2d 365 (1997). Argument must be supported by citation to appropriate authority or policy 7.212(C)(7), Peterson Novelties, Inc v City of Berkley, 259 Mich App 1, 14; 672 NW2d 351 (2003). An appellant\u2019s failure to properly address the merits of her assertion of error constitutes abandonment of the issue. Yee v Shiawassee Co Bd of Comm\u2019rs, 251 Mich App 379, 406; 651 NW2d 756 (2002).13 Because plaintiff did not present her cross appeal issue in conformance with 7.212(E) and only presented a cursory argument with no citation of authority supporting her position, plaintiff has abandoned her issue raised on cross appeal. Nonetheless, there was no showing that the trial court abused its discretion in refusing to compel discovery motion to compel discovery is a matter within the trial court's discretion, and the court's decision to grant or deny a discovery motion will be reversed only if there has been abuse of that discretion. Linebaugh v Sheraton Michigan Corp, 198 Mich App 335, 343; 497 NW2d 585 (1993). In civil cases, an abuse of discretion is found only in extreme cases in 13 Plaintiff did add some argument and authority in her reply brief. Reply briefs may contain only rebuttal argument, and raising an issue in a reply brief is not sufficient to properly present an issue for appeal 7.212(G), Check Reporting Services, Inc v Michigan Nat\u2019l Bank, 191 Mich App 614, 628; 478 NW2d 893 (1991). -12- which the result is so palpably and grossly violative of fact and logic that it evidences a perversity of will, a defiance of judgment, or the exercise of passion or bias. Dep't of Transp v Randolph, 461 Mich 757, 768; 610 NW2d 893 (2000). Michigan law generally provides for the discovery of any relevant, nonprivileged matter 2.302(B)(1); Eyde v Eyde, 172 Mich App 49, 54-55; 431 NW2d 459 (1988). Plaintiff contends that Michigan discovery rules mandated production of all sexual harassment claims filed with the central administration of the University of Michigan. However, \u201ca trial court must also protect the interests of the party opposing discovery so as not to subject that party to excessive, abusive, or irrelevant discovery requests.\u201d In re Hammond Estate, 215 Mich App 379, 386; 547 NW2d 36 (1996). Plaintiff was trying to prove that the School of Music handled plaintiff\u2019s claim in a discriminatory manner, not that the Central Administration acted in a discriminatory manner. Plaintiff wanted information regarding all sexual harassment claims filed at the University of Michigan. The trial court was not convinced that the requests for information were reasonably calculated to lead to relevant information, and the trial court did not abuse its discretion in denying plaintiff's motion to compel and in finding that plaintiff's request was overly broad and unduly burdensome. Accordingly, summary disposition was also proper on plaintiff\u2019s racial discrimination claim We find that the trial court erred in denying defendant\u2019s motion for summary disposition with regard to plaintiff\u2019s hostile environment sexual harassment claim; thus, reversal is required. Consequently, the trial court\u2019s opinion and order granting plaintiff\u2019s motion for costs and attorney fees is not proper, and must be reversed, because plaintiff would not be considered a prevailing party. See Meyer v City of Center Line, 242 Mich App 560, 576; 619 NW2d 182 (2000).14 Plaintiff has not properly presented her cross appeal issue for review and, thus, has abandoned the issue. Reversed and remanded for proceedings consistent with this opinion. We do not retain jurisdiction. /s/ William C. Whitbeck /s/ Kathleen Jansen /s/ Richard A. Bandstra 14 Based on our resolution, it is unnecessary to address the remaining issues defendant raises on appeal."}
7,797	Gregory Ahearn	University of North Florida	[ "7797_101.pdf" ]	{"7797_101.pdf": "Spinnaker \u2022 November 22, 2018 \u2022 professor-is-being-investigated-for-sexually-harassing-a-student/ Biology professor under investigation for alleged sexual harassment of a student Hannah Lee, Editor-in-Chief Gregory Ahearn, a tenured professor and former chair in the Biology Department, is being investigated on claims of having engaged in inappropriate activity of a sexual nature and making sexist comments toward a female student. On Sept. 20, Ahearn was given notice that he had these allegations against him and that he would be placed on leave during the investigation. The investigation, according to Joanna Norris, Director of Public Relations, should be wrapping up next week. Spinnaker reached out to Ahearn for comment but has not received one at the time of publishing. This article will be updated if that changes. Spinnaker investigators found this isn\u2019t the first time Ahearn has had sexual harassment complaints filed against him. In 2008, Ahearn shared a hotel room with a female graduate student when they were attending a conference in Africa, according to a counseling memorandum. While Ahearn stated that no inappropriate behavior occurred in the hotel room, the University deemed it improper and unacceptable. The University gave him a counseling memorandum and nothing else was done about it counseling memorandum is not a form of discipline and is not counted as written warnings. Document: 2008 Counseling Memorandum In 2012, a female student-employee complained that he sexually harassed her. The student-employee filed five allegations against him, including that Ahearn sent \u201cflirtatious texts,\u201d made inappropriate comments about her body, and forced her to kiss him. The student-employee also stated in her interview with the investigator that it was not likely that female students working in the field of biology would speak out because Ahearn is well-known and respected in the biology community. She said that she does not blame them because he writes great letters of recommendation, and that her concerns were for others she was leaving behind. Document: 2012 Allegations and Findings Document After an investigation showing that inappropriate behavior did occur, the University gave Ahearn a written reprimand and deemed that he would not be let go because of his status as a \u201cdistinguished professor with nearly eleven years of service and no prior discipline history.\u201d The University also required for Ahearn to attend sexual harassment training, not travel with students to conferences or other commitments, and be placed on probation for five years. The probation date ended on June 26, 2017. In the written reprimand, Former Dean of the College of Arts and Sciences Barbara Hetrick warned Ahearn that his communication between himself and students have been \u201ctoo casual, intimate and have been determined as crossing the appropriate border between faculty/student and supervisor/employee relations.\u201d Document: 2012 Written Reprimand Ahearn was hired at in 2001. He received recommendations in 2000 from University of Florida Professor George Gerencser, University of British Colombia Professor John Phillips, Wright State University Professor and Chair of Biological Sciences Michele Wheatly, and University of Arizona Professor Stephen Wright. Enthusiastic, communicable and a great mentor were all traits praised of Ahearn in the recommendation letters. In 2008, Ahearn was a recipient of the John A. Delaney Endowed Presidential Professorship. He has also received several funding opportunities for his research such as being given a $350,000 grant by the U.S. Department of Agriculture. Spinnaker will update this story as more information becomes available. \u2014 For more information or news tips, or if you see an error in this story or have any compliments or concerns, contact [email protected]."}
7,803	John Scamehorn	University of Oklahoma	[ "7803_101.pdf", "7803_102.pdf", "7803_103.pdf", "7803_104.pdf", "7803_105.pdf", "7803_106.pdf", "7803_107.pdf", "7803_108.pdf" ]	{"7803_101.pdf": "title/article_140985bc-e93d-5777-87a6-1d8269aeba09.html Regents strip Scamehorn of emeritus title By Adam Troxtell \| Transcript Staff Writer Jun 20, 2018 Former professor John Scamehorn Photo from website Former professor John Scamehorn no longer holds honorary titles and awards he was given by the University of Oklahoma after they were all stripped from him Tuesday. 2/22/25, 6:05 Regents strip Scamehorn of emeritus title \| University of Oklahoma \| normantranscript.com 1/4 The Board of Regents approved the measure in a long list of faculty and personnel actions. The move includes officially removing his professor emeritus title, which he was given after retiring in 2007. Scamehorn, a former chemical engineering professor, has been accused in multiple accounts from former students of sexual harassment and inappropriate behavior. He is a former donor to the university, particularly the Weitzenhoffer Family College of Fine Arts. President Designate Jim Gallogly, who was sitting his first board of regents meeting on Tuesday, said he requested the Scamehorn item be placed on the agenda. \u201cThat is not appropriate that that individual have that title, and we revoked it,\u201d Gallogly said. \u201cI\u2019ve also heard some reports that some people in the past did not properly report. To the extent that is the case, we will investigate it and we will take action. \u201cAt our university, we do those things right. We have a duty and an obligation to report things and then we take actions to report that.\u201d Over the first weekend in June, multiple individuals posted testimonies on social media accusing Scamehorn of sexual harassment and misconduct. He has denied all of the accusations against him. Some of the accounts came from women who worked for Scamehorn on an independent film project. They all described him as a very present figure in the Helmerich School of Drama, where he attended events and often had a camera with him. In 2016, facing a Title investigation, Scamehorn resigned from his emeritus duties and was essentially banned from school of drama activities. 2/22/25, 6:05 Regents strip Scamehorn of emeritus title \| University of Oklahoma \| normantranscript.com 2/4 Some of the accusers said they went to university administration and felt their concerns were not dealt with appropriately. Gallogly said he does not know why Scamehorn retained his emeritus title with the university up until now can tell you that as soon as learned about it gave instructions to have that revoked,\u201d Gallogly said. \u201cWe have to get this right every time. In this instance don\u2019t know whether we fell short. But we will investigate it, and as said, we need to have people tell us about these things so that we can take action.\u201d The measure approved Tuesday was a \u201cformal revocation of all honorary titles, awards, or status, including but not limited to Professor Emeritus, with the University and any of its affiliates, effective immediately upon approval by the Board of Regents.\u201d Trending Video 2/22/25, 6:05 Regents strip Scamehorn of emeritus title \| University of Oklahoma \| normantranscript.com 3/4 Adam Troxtell \ue603 See All Events \uf067 Add your event Norman Transcript Events 22 23 24 25 26 27 28 1 2 3 4 5 6 \ue600 The road to Tokyo... 1 night 8 man Kickboxin\u2026 John Hammonds event\u2026 Sat, Mar 08 Oklahoma Sooners Mens Basketball vs.\u2026 The Lloyd Noble Center Sat, Feb 22 Ryan Bingham & the Texas Gentlemen in\u2026 Norman Sat, Feb 22 Oklahoma Sooners vs Mississippi State\u2026 Norman Sat, Feb 22 Bricktown presents: Oklahoma Sat, Feb 22 \ue601 2/22/25, 6:05 Regents strip Scamehorn of emeritus title \| University of Oklahoma \| normantranscript.com 4/4", "7803_102.pdf": "about-title-ix-meeting-lack-of/article_13e0cd5a-6a8f-11e8-ba76-1f2c01df033c.html Professor Emeritus John Scamehorn's former assistant reveals information about Title meeting, lack of investigation Jana Allen, news managing editor Jun 7, 2018 2/22/25, 6:05 Professor Emeritus John Scamehorn's former assistant reveals information about Title meeting, lack of investigation \| News \|\u2026 1/6 John Scamehorn via Pax Masculina Twitter former assistant to John Scamehorn professor emeritus accused of sexual harassment, has informed The Daily of the contents of a February 2016 meeting in which Scamehorn was asked to cut ties with the university in order to avoid an investigation. LaWanda Huff, a local paralegal, worked as Scamehorn\u2019s assistant beginning in early February 2016. Huff told The Daily she attended a meeting that the university\u2019s institutional equity office called to discuss with Scamehorn allegations that had been brought against him by school of drama students. 2/22/25, 6:05 Professor Emeritus John Scamehorn's former assistant reveals information about Title meeting, lack of investigation \| News \|\u2026 2/6 Huff said she\u2019d only been working for Scamehorn about a week and he was \u201ccompletely panicked\u201d and asked her to come to the meeting, though he continuously said that he had done nothing wrong. Huff said she was in the meeting along with Scamehorn, Bobby Mason, Title Coordinator, and Mary Holt, dean of fine arts. In the meeting, Mason informed Scamehorn that several school of drama students had filed complaints against him, Huff said. \u201cBobby sat down, and John\u2019s sitting there and his legs start bouncing up and down, and you could tell he's just sweating bullets,\u201d Huff said. Huff said that Scamehorn seemed uncomfortable throughout the meeting until Mason said that they would not conduct an investigation if he agreed to remove himself from campus and agreed to cut all contact with students. \u201cWhenever John, you know, said things back to him he said, \u2018So you're saying there will not be an investigation? If remove myself from that,\u2019 and (Mason) said, \u2018That's correct, but if you stay, there will be an investigation.\u2019\u201d The Daily has tried to contact Mason twice and left messages both times with his office, but he has not yet responded. Huff said that as someone at the meeting and who had experience with Scamehorn, she felt that the university was trying to avoid bad publicity. Huff said that the agreement felt like he was not being held completely accountable for his actions. \u201cJohn jumped all over that (agreement), and he could not sign those papers fast enough or get out the door fast enough with that agreement,\u201d Huff said. According to a statement released by the university, the university also informed law enforcement and other community organizations of the reports and their concerns. The statement also said that the university is reviewing Scamehorn\u2019s current status of emeritus faculty. As of June 7, Scamehorn no longer has an ou.edu web page. 2/22/25, 6:05 Professor Emeritus John Scamehorn's former assistant reveals information about Title meeting, lack of investigation \| News \|\u2026 3/6 In the statement, the university says that the stories that have come out in recent days have made the university aware that its reporting and response to the situation may have been incomplete, and the university will \u201cstrive to do better.\u201d \u201cIn the past few days, accounts of Dr. Scamehorn\u2019s past university involvement have resurfaced, and additional concerning allegations have also emerged,\u201d the statement says. \u201cWhile much of the alleged misconduct occurred on the sets of private film productions and outside the university\u2019s purview, we are concerned about and prepared to address your statement that reports to university personnel went unanswered or that you felt compelled to stay silent. That should not happen, and your allegations are being investigated.\u201d The Daily was informed that an email was sent out June 7 to the College of Fine Arts students, faculty and staff on behalf of Holt, acknowledging the recent reports and assuring those concerned that the safety of students is the Dean\u2019s office\u2019s top priority. The Daily received Scamehorn\u2019s resignation letter that he sent to school of drama faculty following his meeting with Mason. Click on the below to read the two- page resignation letter from Scamehorn: 2/22/25, 6:05 Professor Emeritus John Scamehorn's former assistant reveals information about Title meeting, lack of investigation \| News \|\u2026 4/6 Download 2/22/25, 6:05 Professor Emeritus John Scamehorn's former assistant reveals information about Title meeting, lack of investigation \| News \|\u2026 5/6 By Jana Hayes 2/22/25, 6:05 Professor Emeritus John Scamehorn's former assistant reveals information about Title meeting, lack of investigation \| News \|\u2026 6/6", "7803_103.pdf": "NORMAN, Okla. (AP) \u2014 Dozens of people speaking against a former University of Oklahoma professor accused of sexual harassment have composed a letter standing by their stories. About 30 people signed a statement Wednesday accusing John Scamehorn of sexual harassment and inappropriate behavior while he had access to drama school events as a university donor. The 64-year-old has denied wrongdoing. The letter also accuses the university of ignoring legitimate complaints because of Scamehorn\u2019s donor status. Scamehorn retired from the university as an engineering professor in 2007. He was a professor emeritus until severing ties with the university in 2016. The university hasn\u2019t directly addressed the accusations against Scamehorn but says he\u2019s no longer involved with the drama school. Norman police say they haven\u2019t received any reports from victims but are investigating allegations shared online. Ex-Oklahoma professor accused of sexual misconduct Published 12:43 CST, June 7, 2018 2/22/25, 6:05 Ex-Oklahoma professor accused of sexual misconduct News 1/3 Trump\u2019s attempts to denigrate Zelenskyy have led to a surge in Ukrainian unity Singer of Canadian anthem at 4 Nations Face-Off changes lyric to protest Trump\u2019s 51st state remarks Judge largely blocks Trump\u2019s executive orders ending federal support for programs sues 3 Trump administration officials, citing freedom of speech 1 2 3 4 2/22/25, 6:05 Ex-Oklahoma professor accused of sexual misconduct News 2/3 Steve Bannon is accused of doing a straight-arm Nazi salute at but says it was just \u2018a wave\u2019 5 2/22/25, 6:05 Ex-Oklahoma professor accused of sexual misconduct News 3/3", "7803_104.pdf": "by-former-students/article_59a60dea-6810-11e8-976d-d75317f46c4e.html Professor Emeritus, arts donor John Scamehorn accused of sexual harassment by former students Nick Hazelrigg, editor-in-chief Jun 4, 2018 2/22/25, 6:05 Professor Emeritus, arts donor John Scamehorn accused of sexual harassment by former students \| News \| oudaily.com 1/5 John Scamehorn via Pax Masculina Twitter John Scamehorn, an professor emeritus of chemical engineering and a major donor to OU\u2019s Weitzenhoffer Family College of Fine Arts, is accused by at least three former students of inappropriate behavior and sexual harassment in a variety of incidents over multiple years. In a series of posts on Facebook over the June 3 weekend, former students who worked with Scamehorn gave detailed accounts of Scamehorn discussing his own sexual experiences with students and commenting on students\u2019 sexuality and physical appearances, while at the same time, students were encouraged to treat him with respect by faculty members. 2/22/25, 6:05 Professor Emeritus, arts donor John Scamehorn accused of sexual harassment by former students \| News \| oudaily.com 2/5 The Daily is not currently naming the individuals who made the Facebook posts as two of the three have not yet been reached for comment and one declined to speak publicly. However, when asked about the posts Monday morning, the university released a statement regarding the situation four hours later. In the statement, university press secretary Matt Epting said cut ties with Scamehorn on Feb. 12, 2016. \u201cJohn Scamehorn retired from the university in 2007 and formally severed any remaining employment status with the university on February 12, 2016. While former employees are not subject to disciplinary proceedings as the university has no legal or formal authority over them, we make every effort to ensure a safe learning environment free of discrimination or harassment,\u201d Epting said in the statement. \u201cAdditionally, in some circumstances when the propriety of a donor relationship is in question, the university has returned gifts to the donor.\u201d The Daily left two voicemails with Scamehorn requesting his comment on these allegations and has not received a response. Two messages were also left with Bobby Mason, OU\u2019s Title Office coordinator, to which The Daily has received no response. The allegations come amid the rise of the #MeToo movement sweeping men accused of sexual harassment and misconduct from prominent positions, most notably Harvey Weinstein, who was indicted last week on criminal sex act charges in New York. 2/22/25, 6:05 Professor Emeritus, arts donor John Scamehorn accused of sexual harassment by former students \| News \| oudaily.com 3/5 Former arts students told The Daily in 2016 that a mandatory emergency meeting was held on less than two hours\u2019 notice after being called by Dean Mary Margaret Holt for all school of drama students on Feb. 5, 2016. Students told The Daily the session vaguely referenced allegations but did not use Scamehorn\u2019s name specifically. Sources said arts students were encouraged not to repeat rumors at the Feb. 5 meeting. Minutes after that meeting, according to records obtained by The Daily, Tom Orr, director of the school of drama, sent an email to several arts faculty members thanking them for coming to the meeting think that it\u2019s important that we all take Dean Holt\u2019s advice to heart and not further complicate already complicated matters,\u201d Orr wrote in a message obtained by The Daily. \u201cIt would be my advice if you are contacted by any member of the press, media or someone seeking information that you direct their call to the dean\u2019s office.\u201d Three former arts students who worked with Scamehorn on non-university projects he produced say Scamehorn took advantage of his position as an donor and made deeply sexist and inappropriate comments to students. One individual who made Facebook posts about Scamehorn said he bragged of sexual exploits on trips to Thailand, saying Scamehorn allegedly told multiple students of sexual relations he had with prostitutes in Thailand. Another individual claimed Scamehorn bragged about a sexual encounter with a 10-year-old girl. \u201cIt's such a contradiction, because these are the same people (faculty members) that constantly throughout our years here tell us, 'If you ever have a problem, come and talk to us \u2014 express your thoughts, art is about creativity and freedom and expression,'\u201d former student Colby Frederick told The Daily in spring 2016. \u201cSo then when we do have a significant problem going on, they say, 'Hush up,' because it relates to money, and think that's what it really, really boils down to. It relates to money and status.\u201d 2/22/25, 6:05 Professor Emeritus, arts donor John Scamehorn accused of sexual harassment by former students \| News \| oudaily.com 4/5 By Nick Hazelrigg One of the individuals who also worked as assistant to Scamehorn on Pax Masculina said Scamehorn frequently inquired about her physical appearance and sex life, which became at one point so aggressive that this individual quit working for Scamehorn. Though Scamehorn started at the university in July 1981 as an assistant professor of chemical engineering, Scamehorn has been deeply involved with OU\u2019s arts program for decades as a donor. In 2007, the Board of Regents named him a George Lynn Cross Research Professor Emeritus. \u201cMy friends that were employed by him after graduation were immediately like, 'We made a horrible mistake. How do we get out of this?'\u201d former student Lindsey Lusk told The Daily in spring 2016. \u201cProducing this play was just very uncomfortable. But yeah, there was never any formal directive or policy any kind of advice, but the general consensus was, 'OK, everyone smile because he donates a lot of money.' But the uncomfortable situation was not lost on anyone.\u201d The Daily will continue to investigate the situation and share details as more information becomes available. Dana Branham contributed to this report. Correction: This post was updated on June 5 at 10 a.m. to reflect that Scamehorn was a professor of chemical engineering, not chemistry. 2/22/25, 6:05 Professor Emeritus, arts donor John Scamehorn accused of sexual harassment by former students \| News \| oudaily.com 5/5", "7803_105.pdf": "Former students allege sexual harassment by theater department head Published 6:01 a.m May 17, 2021 Updated 10:44 a.m May 17, 2021 Six women allege their theater professor at the University of Central Oklahoma sexually harassed them for years. The women made the accusations in a federal lawsuit filed against last week. The lawsuit seeks financial compensation for emotional distress, humiliation and other alleged damages. All six are former students of the Edmond university. They allege Kato Buss, the head of UCO\u2019s theater department, emotionally manipulated them, provided them with alcohol while underage, and created a sexually charged environment. One former student reported a sexual relationship with Buss. Another complained to university officials that he touched her inappropriately. More at cheer team fights hazing suspension in Oklahoma City federal court Buss, who isn't listed as a defendant in the lawsuit, did not return requests for comment declined to comment on the litigation, which is pending in Oklahoma City federal court. The plaintiffs said allowed Buss, 51, to maintain a culture of sexual misconduct, even after students made complaints about his behavior. They contend they suffered sex discrimination when failed to adequately intervene and fully investigate Buss. They said university officials encouraged them to resolve their Title complaints informally rather than through a formal procedure. Federal law forbids universities from using an informal process to resolve allegations that an employee sexually harassed a student. Nuria Martinez-Keel Oklahoman 2/22/25, 6:06 Former students allege sexual harassment by theater department head 1/5 Rather than holding Buss accountable, the plaintiffs contend gave him promotions and awards. Buss is now an interim assistant dean of the College of Fine Arts and Design. He received an outstanding faculty award in 2018, the year after a plaintiff said she first reported Buss grabbed her buttocks. An attorney representing the plaintiffs, Sheila Haddock, didn\u2019t return a request for comment from The Oklahoman, but the six women gave detailed accounts of their alleged experiences in court documents. Haddock, of the San Diego-based Zalkin Law Firm, has represented other women filing Title lawsuits, including a former student who sued Baylor University and ex-coach Art Briles over alleged abuse by a football player. Women allege sexual contact, manipulation of \u2018favorites\u2019 The six women said they belonged to Buss\u2019s inner circle of \u201cfavorites\u201d whom he gave special attention and private coaching. The plaintiffs said Buss would connect them with scholarships, offer them starring roles in plays, invite them on school trips and give them alcohol. Plaintiff Gabrielle Glidewell said Buss made it seem \u201clike he controlled all aspects of her degree and her potential career,\u201d according to the lawsuit. The women also claim Buss flirted with them and spoke to them in sexual innuendos. \u201cBuss had so successfully blurred the boundaries between professor and student that they could no longer trust their own instincts as to what was appropriate,\u201d the lawsuit states. Miranda Summar realized she was one of Buss\u2019 \u201cfavorites\u201d when she was a sophomore in fall 2016, according to her account detailed in court documents. He began referring to Summar as \u201cbaby\u201d and \u201cbeautiful\u201d while they attended an out-of-state festival in spring 2017, she said. In fall 2017, Buss cast Summar in the leading role of his production. She would meet with him privately in his office before and after rehearsal. It was during this period that they began a sexual relationship, according to the lawsuit. 2/22/25, 6:06 Former students allege sexual harassment by theater department head 2/5 News: Proposed $8.3B Oklahoma state budget includes tax cuts, increased education funding Another student, plaintiff Morgan Brown Russell, learned of Buss and Summar\u2019s encounters in late fall 2017 and decided she \u201ccould no longer remain silent,\u201d court documents state. In the lawsuit, Brown Russell contends Buss had grabbed her buttocks in February 2015 at a theater festival in California. The same night, he asked Brown Russell to sleep in his hotel room with him, the lawsuit states. Brown Russell decided not to file a complaint, the suit says. But after learning of his sexual encounters with Summar, Brown Russell said she reported her experience with Buss to UCO\u2019s Title office in late 2017. She also said she informed the university of his relationship with Summar. Glidewell and plaintiff Rheanna Jackson gave evidence supporting Brown Russell\u2019s account and lodged their own complaints of Buss\u2019 emotional manipulation, the lawsuit states. However, Summar and plaintiff Olivia Wells allege Buss interfered with the investigation by persuading them to lie about his behavior to university officials. Administrators \u201cseemed uninterested\u201d when Wells informed them that Buss had approached her before her interview, court documents state cleared Buss of responsibility for the Title complaints, but officials instructed him not to have contact with Brown Russell, the lawsuit states. She, Glidewell and Jackson say they experienced hostility from Buss and no longer felt welcome in the theater department after reporting misconduct. Brown Russell contends she found it impossible to prevent all contact with Buss, who ran the theater program. \u201cThe university offered Brown Russell no support or guidance on how she could continue in the program without being in contact (with) Buss,\u201d the lawsuit states. \u201cBrown Russell was essentially also exiled from the program when Buss told others about her report against him.\u201d Glidewell changed her major, and Jackson dropped out of the university, according to the lawsuit. 2/22/25, 6:06 Former students allege sexual harassment by theater department head 3/5 Summar said she reported her relationship with Buss to in September after suffering trauma from her experience. Wells joined as a co-complainant. Their lawsuit states university officials encouraged them to pursue an informal resolution \u2014 an option that federal regulations say is off the table for cases of alleged employee-on-student sexual harassment. In December, Summar and Wells received a letter informing them that had reached an informal resolution and implemented relative sanctions against Buss. Administrators considered the matter \u201cresolved and closed.\u201d The university refused to disclose details of the sanctions, the lawsuit states. Plaintiff Priscilla Pena said her anxiety heightened when she learned Buss would still be employed at even after Summar\u2019s complaint. \u201cShe has struggled to maintain her grades and has missed classes,\u201d according to the lawsuit. \u201cShe finds it difficult to walk around campus knowing that he is still there.\u201d Similar allegations reported at The allegations are reminiscent of a scandal within the University of Oklahoma\u2019s drama department. Thirty women said they suffered perverse behavior from former engineering professor and theater donor John Scamehorn. The women signed an open letter in 2018 describing similar experiences of sexual harassment. Scamehorn denied the allegations. He has been banned from donating or working at the university ever again. Longtime drama school director Tom Orr later resigned from his leadership position in 2018 after determined he failed to sufficiently respond to complaints against Scamehorn. Orr remained as a faculty member. The Daily reported Orr himself was investigated for Title complaints and was placed on administrative leave in January 2020. \"The inquiry concluded that while reports were handled in accordance with university policy, the culture at the school of drama must be improved,\" Mary Margaret Holt, dean of the Weitzenhoffer Family College of Fine Arts, said in a 2018 statement. 2/22/25, 6:06 Former students allege sexual harassment by theater department head 4/5 Reporter Nuria Martinez-Keel covers K-12 and higher education throughout the state of Oklahoma. Have a story idea for Nuria? She can be reached at nmartinez- [email protected] or on Twitter at @NuriaMKeel. Support Nuria\u2019s work and that of other Oklahoman journalists by purchasing a digital subscription today at subscribe.oklahoman.com. 2/22/25, 6:06 Former students allege sexual harassment by theater department head 5/5", "7803_106.pdf": "John Scamehorn. (Courtesy the University of Oklahoma acknowledges letter accusing ex-professor of sexual misconduct by Associated Press & Austin Prickett Thu, June 7th 2018 at 3:10 Updated Thu, June 7th 2018 at 3:11 2/22/25, 6:06 acknowledges letter accusing ex-professor of sexual misconduct 1/4 \u2014 The University of Oklahoma has acknowledged the authors of an open letter accusing a former professor of sexual harassment. The Associated Press reports that on Wednesday a group of about 30 people signed a statement accusing John Scamehorn of inappropriate behavior and sexual harassment while at drama school events as a university donor. Scamehorn has denied the allegations. On Thursday, University of Oklahoma Senior Associate Vice President Rowdy Gilbert released a statement saying the university acknowledges the authors of the open letter. \"The University of Oklahoma acknowledges and deeply regrets the unacceptable situation in which you were placed. There is nothing more important than the welfare and safety of our students.\" Gilbert said. Gilbert says that in January 2016, a member of the open letter group raised concerns about Scamehorn. \"By early February, a number of students had been interviewed; a disturbing and consistent picture emerged,\" Gilbert said 2/22/25, 6:06 acknowledges letter accusing ex-professor of sexual misconduct 2/4 When Scamehorn was notified Gilbert says he resigned immediately and was barred from future paid or unpaid work with OU. Scamehorn also lost his donor status at the university and all of his contributions were returned review of his title as \"emeritus faculty\" is underway. \"In the past few days, accounts of Dr. Scamehorn\u2019s past university involvement have resurfaced, and additional concerning allegations have also emerged. While much of the alleged misconduct occurred on the sets of private film productions and outside the university\u2019s purview, we are concerned about and prepared to address your statement that reports to university personnel went unanswered or that you felt compelled to stay silent. That should not happen, and your allegations are being investigated.\" Gilbert said. Gilbert says that anyone who has been the victim of harassment, discrimination or retaliation is asked to call the confidential line Advocates at 405-615-0013. The university's Institutional Equity Office also investigates allegations of sexual misconduct. They can be reached at 405- 325-2215 Former Calif. 'Teacher of the Year' pleads guilty to sexual misconduct with students Massage Parlor employee faces prostitution charges following complaints to police Family feared suspect's erratic behavior days before brutal murder by Taboola Techno Mag Tips and Tricks Why Seniors Are Snapping Up This Box, We Explain! Never Throw Away the Water After Boiling Eggs - The Reason is Genius! 28 Amazing Apple Cider Vinegar Benefits (That Will Blow You Away 2/22/25, 6:06 acknowledges letter accusing ex-professor of sexual misconduct 3/4 Loading ... call-tw.com AdChoices Sponsored 2/22/25, 6:06 acknowledges letter accusing ex-professor of sexual misconduct 4/4", "7803_107.pdf": "June 5, 2018 Statement on Accused Professor Receiving Subsidies Following the Daily\u2019s report on Professor John Scamehorn, who is \u201caccused by at least three former students of inappropriate behavior and sexual harassment,\u201d Trent England, executive vice president of the Oklahoma Council of Public Affairs (OCPA), made the following statement: \u201cThis story is about more than a University coverup. Oklahoma Film+Music has tried to hide its support for John Scamehorn by deleting pages from its website. But Scamehorn, like Harvey Weinstein, benefitted from cash subsidies from the Oklahoma Film Enhancement Rebate Program for two films he was involved with: Pax Masuclina and Blueberry Hall. \u201cScamehorn\u2019s films were short, bizarre, and apparently never appeared in any mainstream theaters. But they received over $100,000 of taxpayer money. At least this is less than the $4 million given away to Weinstein. \u201cWhen will politicians stop trying to pick winners and losers? After all, they\u2019re not very good at it. It is inherently immoral to take money from taxpayers and then give it to a favored group\u2014in this case, filmmakers. The fact that some of these filmmakers engage in additional immoral behavior is just salt in taxpayers\u2019 wounds 2/22/25, 6:06 statement on accused professor receiving subsidies 1/2 ### SHARE: Loading Next Oklahoma Council Of Public Affairs 1401 N. Lincoln Blvd. Oklahoma City 73104 Phone: 405.602.1667 [email protected] \u00a9 2025 Oklahoma Council Of Public Affairs All Rights Reserved 2/22/25, 6:06 statement on accused professor receiving subsidies 2/2", "7803_108.pdf": "Posted: Jun 5, 2018 / 01:02 Updated: Jun 7, 2018 / 04:30 This is an archived article and the information in the article may be outdated. Please look at the time stamp on the story to see when it was last updated. NORMAN, Okla. \u2013 University of Oklahoma officials have confirmed a retired professor, who has been accused of inappropriate behavior, will not be speaking at a scheduled event on Wednesday. Recently, accusations against John Scamehorn, a professor emeritus for OU\u2019s School of Chemical, Biological and Materials Engineering, have circulated around social media. Some have taken to Facebook, posting their experiences with Scamehorn in which they felt uncomfortable. Scamehorn was scheduled to speak at the event on Wednesday; however, school officials confirm he withdrew his participation on Monday. One person recalled Scamehorn would share details of his personal life, including trips to Thailand on behalf of the school\u2019s engineering department: \u201cHe told me about the disgusting details of him buying prostitutes and how he liked Thai women because they were \u2018so obedient Retired professor accused of inappropriate behavior 20 2/22/25, 6:06 Retired professor accused of inappropriate behavior \| KFOR.com Oklahoma City 1/56 Former assistants and students have also accused Scamehorn of having pictures \u201ctaken through his front window of young girls walking to and from school, and additional photos through the same window of him standing on the sidewalk with his dogs, talking to the children walking home, each individually labeled with the name of his street and a description of the girl.\u201d Brian Gililland, a local freelance film technician, spoke with News 4 on Tuesday. He said Scamehorn has served an executive producer on several projects Gililland has worked on. He told us he was not surprised by the allegations. \u201cWe\u2019ve all known about it for several, several years, and there\u2019s not a film technician that works in Oklahoma that know that doesn\u2019t know about this and can\u2019t even call it an open secret because people have been trying to tell people about it for a really long time,\u201d he told News 4. Gililland said he noticed \u201cred flags\u201d while working on the film \u2018Pax Masculina,\u2019 which he described as \u201cScamehorn\u2019s baby.\u201d Gililland was working with the sound department and claimed Scamehorn tried to bring a camera into dressing rooms. \u201cHe was on site pretty much everyday, specifically whenever we were shooting certain scenes that involves girls getting hanged and that kind of thing,\u201d he said. \u201cHe was always kind of floating around \u2014 normally that wouldn\u2019t be that big of a deal, except that he was holding a little handicam and he was filming his own behind the scene stuff.\u201d On Tuesday, there was new criticism against Scamehorn \u2013 this time, from the free market think tank Oklahoma Council of Public Affairs, which took an aim at film rebates and subsidies. \u201cIt turns out this person facing these accusations has actually received $70,000 twice over to help for making these movies that again \u2014 seem to be more like hobby films,\u201d said executive vice president Trent England. \u201cNow, we have accusations of harassment going on on the set of one of these movies that taxpayers had to help pay for > Next > Cancel \u2715 Next story in > Cancel Next story in 2/22/25, 6:06 Retired professor accused of inappropriate behavior \| KFOR.com Oklahoma City 2/56 Gililland said, moving forward, everyone needs to have an honest conversation about speaking up if they also recognize \u201cred flags think, if men do not stand up with women, then we\u2019re just going to stay in this problem,\u201d he said. \u201cIf men are not part of that conversation, it\u2019s going to be a long road.\u201d News 4 has been reaching out to Scamehorn via email, phone, text and by visiting his last listed address since Monday. Tuesday evening, he released a statement saying am aware of the rumors and allegations made against me online and in local media reports. In the strongest terms possible deny any wrongdoing officials told News 4 Scamehorn retired from the university in 2007 and \u201cformally severed\u201d any remaining employment status with the university on February 12, 2016. In a statement, we\u2019re told: \u201cWhile personnel matters are confidential, the university may comment on its policies and procedures generally. The university takes all reports of misconduct very seriously. Any complaints made to OU\u2019s Office of Institutional Equity are promptly addressed. The office is tasked with identifying sexual harassment, eliminating the harassment and remedying its effects. The office protocols involve not only internal inquiry but also often involve coordination with local law enforcement and outreach to community entities. While former employees are not subject to disciplinary proceedings as the university has no legal or formal authority over them, we make every effort to ensure a safe learning environment free of discrimination or harassment. Additionally, in some circumstances when the propriety of a donor relationship is in question, the university has returned gifts to the donor > Next > Next story in > Next story in 2/22/25, 6:06 Retired professor accused of inappropriate behavior \| KFOR.com Oklahoma City 3/56 In cases where a reported behavior could potentially constitute a crime, the university encourages but does not require victims to report and cooperate with law enforcement. While the university may not comment specifically as to any potential inquiry pertaining to Dr. Scamehorn, we have followed our protocols in fulfilling our obligation to provide a safe learning environment.\u201d Suggest a Correction Copyright 2025 Nexstar Media Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed Morning Headlines Enter Your Email Hamas frees first 5 of 6 Israeli hostages to be released > Next > Next story in > Next story in 2/22/25, 6:06 Retired professor accused of inappropriate behavior \| KFOR.com Oklahoma City 4/56 Top Stories Hamas frees first 5 of 6 Israeli hostages to be released \u2026 Sepsis a threat in pope\u2019s pneumonia battle as Vatican \u2026 Everyone agrees kids are safer flying in their own mother and her young sons are among the remains \u2026 Sepsis a threat in pope\u2019s pneumonia battle as Vatican \u2026 Everyone agrees kids are safer flying in their own mother and her young sons are among the remains \u2026 After years of firm support, 10 days upended the > Next > Next story in > Next story in 2/22/25, 6:06 Retired professor accused of inappropriate behavior \| KFOR.com Oklahoma City 5/56 After years of firm support, 10 days upended the \u2026 Fired employees fear beloved 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7,562	Steven Gold	Southern Connecticut State University	[ "7562_101.pdf", "7562_102.pdf" ]	{"7562_101.pdf": "or Discover by subject area Steven R. Gold\u2019s research while affiliated with Northern Illinois University and other places Search for research, journa Log in Join for free What is this page? This page lists works of an author who doesn't have a ResearchGate profile or hasn't added the works to their profile yet. It is automatically generated from public (personal) data to further our legitimate goal of comprehensive and accurate scientific recordkeeping. If you are this author and want this page removed, please let us know. Publications (53) Predicting Adult Risk of Child Physical Abuse From Childhood Exposure to Violence: Can Interpersonal Schemata Explain the Association? Article November 2005 \u00b7 133 Reads \u00b7 16 Citations Journal of Social and Clinical Psychology Lex Merrill \u00b7 Cynthia Thomsen \u00b7 Julie L. Crouch \u00b7 [...] \u00b7 Joel Milner Interpersonal schemata were examined to explain the association between childhood exposure lo violence - including child physical abuse (CPA), child sexual abuse, and domestic violence - and adult risk of perpetration. In a sample of male and female U.S. Navy recruits = 4,812), all forms of\u2026 Read more 2/22/25, 6:07 Steven R. Gold's research works \| Northern Illinois University and other places 1/11 Role of Adult Attachment in the Intergenerational Transmission of Violence: Mediator, Moderator, or Independent Predictor? Article Full-text available May 2002 \u00b7 147 Reads \u00b7 2 Citations Lex Merrill \u00b7 Cynthia Thomsen \u00b7 Julie L. Crouch \u00b7 [...] \u00b7 Joel Milner The present study examined the role of adult attachment in the intergenerational transmission of violence. We assessed the effects of exposure to several forms of childhood violence (child physical abuse [CPA], child sexual abuse [CSA], domestic violence [DV]) on adult risk and examined whether adult\u2026 Role of adult attachment in the intergenerational transmission of violence; Mediator, moderator, or independent predictor? Technical Report January 2002 \u00b7 9 Reads Lex Merrill \u00b7 Cynthia Thomsen \u00b7 Crouch \u00b7 [...] \u00b7 Joel Milner Predicting the Impact of Sexual Abuse on Women: The Role of Abuse Severity Parental Support and Coping Strategies Article Full-text available January 2002 \u00b7 486 Reads \u00b7 145 Citations Journal of Consulting and Clinical Psychology Lex Merrill \u00b7 Cynthia Thomsen \u00b7 Barbara B. Sinclair \u00b7 [...] \u00b7 Joel Milner Female Navy recruits = 5,226) completed surveys assessing history of childhood sexual abuse (CSA), childhood strategies for coping with CSA, childhood parental support, and current psychological adjustment. Both and parental support independently predicted later adjustment. In analyses\u2026 Read more Download Read more Download 2/22/25, 6:07 Steven R. Gold's research works \| Northern Illinois University and other places 2/11 Predicting the Impact of Child Sexual Abuse on Women: The Role of Abuse Severity, Parental Support, and Coping Strategies Article Publisher preview available December 2001 \u00b7 6 Reads \u00b7 58 Citations Journal of Consulting and Clinical Psychology Lex Merrill \u00b7 Cynthia Thomsen \u00b7 Barbara B. Sinclair \u00b7 [...] \u00b7 Joel Milner Female Navy recruits = 5,226) completed surveys assessing history of childhood sexual abuse (CSA), childhood strategies for coping with CSA, childhood parental support, and current psychological adjustment. Both and parental support independently predicted later adjustment. In analyses\u2026 Childhood abuse and premilitary sexual assault in Navy recruits Article Full-text available April 2001 \u00b7 274 Reads \u00b7 59 Citations Journal of Consulting and Clinical Psychology Lex Merrill \u00b7 Cynthia Thomsen \u00b7 Steven R. Gold \u00b7 Joel Milner Three samples of male U.S. Navy recruits = 7,850) were surveyed to determine whether a history of childhood physical abuse (CPA) or childhood sexual abuse (CSA) was predictive of premilitary rape of women and whether these relationships were mediated by alcohol problems and number of sex partner\u2026 Childhood abuse and premilitary sexual assault in male Navy recruits. Technical Report January 2000 \u00b7 12 Reads Lex Merrill \u00b7 Cynthia Thomsen \u00b7 Gold \u00b7 Joel Milner Childhood abuse and the perpetration of sexual assault by men Technical Report Read more View access options Read more Download 2/22/25, 6:07 Steven R. Gold's research works \| Northern Illinois University and other places 3/11 January 2000 \u00b7 13 Reads Lex Merrill \u00b7 Cynthia Thomsen \u00b7 Gold \u00b7 Joel Milner Risk of sexual revictimization formulation Article December 1999 \u00b7 44 Reads \u00b7 78 Citations Aggression and Violent Behavior Steven Gold \u00b7 Barbara Sinclair \u00b7 Kristi Balge Survivors of child sexual abuse suffer serious short- and long-term psychological consequences. Sexual revictimization as an adult is one of the consequences that has been reported. At present, there is no theoretical model identifying the risk factors that result in child sexual abuse survivors being at greater\u2026 Childhood Abuse and Sexual Revictimization in a Female Navy Recruit Sample Article April 1999 \u00b7 80 Reads \u00b7 206 Citations Journal of Traumatic Stress Lex Merrill \u00b7 Carol E. Newell \u00b7 Cynthia Thomsen \u00b7 [...] \u00b7 Sandra G. Rosswork To examine effects of childhood abuse on adult rape, 1,887 female Navy recruits were surveyed. Overall 35% of recruits had been raped and 57% had experienced childhood physical abuse (CPA) and/or childhood sexual abuse (CSA). Controlling for CPA, rape was significantly (4.8 times) more likely among\u2026 ... Read more Read more 1 2 3 6 Citations (42) 2/22/25, 6:07 Steven R. Gold's research works \| Northern Illinois University and other places 4/11 Predicting the Impact of Child Sexual Abuse on Women: The Role of Abuse Severity, Parental Support, and Coping Strategies Citing Article Publisher preview available December 2001 Journal of Consulting and Clinical Psychology Lex Merrill \u00b7 Cynthia Thomsen \u00b7 Barbara B. Sinclair \u00b7 [...] \u00b7 Joel Milner Predicting the impact of sexual abuse on women: The role of abuse severity, parental support and coping strategies Citing Technical Report January 1999 Lex Merrill \u00b7 Cynthia Thomsen \u00b7 Sinclair \u00b7 [...] \u00b7 Joel Milner ... Self-blame and low self-esteem were common for children from single-parent families (M. Wang & Li, 2017); physical abuse and emotional neglect might reinforce feelings of helplessness and powerlessness (Irmak, 2021); and the self-blame following abuse and self-perception as unsuccessful and powerless might prevent them from adopting effective coping strategies (Brand & Alexander, 2003), which would be a detriment to their resilience and adaptation (Merrill et al., 2001; Runtz & Schallow, 1997). ... Reference: Social competence of single\u2010parent children with child abuse in China: Mediation model of resilience ... Although many of these studies were indicative of a strong link between a perceived lack of support and negative psychological outcomes, other studies found that reactions to disclosure or levels of perceived support from significant others had a lesser impact on outcomes of abuse (Arata, 1998;Holt, 2007;Jonzon & Lindblad, 2005; Merrill et al., 2001; Ussher & Dewberry, 1995;Zlotnick et al., 1995). ... Reference: Experiences of Women Survivors of Childhood Sexual Abuse in Relation to Nonsupportive Significant\u2026 ... Early studies that used the Imaginal Processes Inventory to assess mind-wandering and daydreaming found that high school students reported more daydreaming (i.e., intentional diversions as per our framework) but less uncontrolled mind-wandering, when compared to older college students (Taylor et al., 1978). Further, emergence of \"constructive daydreaming\" and a more positive attitude toward daydreaming occurs between the ages of 5 and 10 (Gold and Henderson, 1990; Henderson and Gold, 1983) . More recent studies have sought to assess internal interference by examining relative activity within the during development (Immordino-Yang et al., 2012). ... Reference Cognitive Framework for Understanding and Improving Interference Resolution in the Brain 2/22/25, 6:07 Steven R. Gold's research works \| Northern Illinois University and other places 5/11 Intellectual styles comparison of factor structures in gifted and average children and adolescents. Citing Article January 1983 Journal of Personality and Social Psychology Bruce Henderson \u00b7 Steven R. Gold Daydreaming, Self Concept and Academic Performance Citing Article January 1985 Imagination Cognition and Personality S. R. Gold \u00b7 J. C. Andrews \u00b7 S. W. Minor Daydreaming, Current Concerns and Personality Citing Article October 1985 Imagination Cognition and Personality Steven R. Gold \u00b7 John P. Reilly ... Gold and Gold (1982) found no sex differences in the content of daydreams recorded by college students (n = 52) over a twoweek period. Gold, Andrews and Minor (1986) found, contrary to previous studies, that males (not females) reported more positive reactions to their daydreams. ... Reference: Daydreaming in Relation with Loneliness and Perceived Social Support among University\u2026 ... It included a large-scale field study using random contact with the participants through the use of a pager, and in the process found that 9% of the 1,425 thought samples had \"more than a trace\" of dreamlike thought and another 16% had a \"trace\" of such thought (Klinger & Cox, 1987. Still another study, by other investigators, included a 2-week collection of daydreams from high- achieving teenagers; it documented that daydreams relate overwhelmingly to personal concerns, which is consistent with one of the major replicated findings on dream content (Domhoff, 2003; Gold & Reilly, 1985) . Then, too, there is a relationship between the degree of bizarreness in daydreams and nonlab dreams in a study of the same participants in both aspects of the study (Kunzendorf, Hartmann, Cohen, & Cutler, 1997). ... Reference: The Neurocognitive Theory of Dreams at Age 20: An Assessment and a Comparison With Four Other\u2026 ... ej., practicar cunnilingus o una felaci\u00f3n)\u00bb fue tambi\u00e9n favorita entre el sexo masculino y \u00abPracticar un coito con una pareja amada\u00bb entre el sexo femenino. Esto har\u00eda referencia a la 2/22/25, 6:07 Steven R. Gold's research works \| Northern Illinois University and other places 6/11 Relationship of Sex, Sex Guilt, and Experience to Written Sexual Fantasies Citing Article October 1988 Imagination Cognition and Personality Kimeron N. Hardin \u00b7 Steven R. Gold School Related Daydreams and Test Anxiety Citing Article October 1983 Imagination Cognition and Personality Steven R. Gold \u00b7 Scott W. Minor Risk of sexual revictimization formulation Citing Article December 1999 aportaci\u00f3n de diversas investigaciones que respaldan la idea de que las fantas\u00edas sexuales de las mujeres contienen m\u00e1s elementos como el afecto, la emoci\u00f3n y el argumento (Ellis y Simons, 1990;Follingstad y Krimbell, 1986;Gil, 1990; Hardin y Gold, 1988; Kelley, 1984). ... Reference: Principales fantas\u00edas sexuales en j\u00f3venes espa\u00f1oles y diferencias en funci\u00f3n de variables\u2026 ... In contrast, positive unprompted thoughts were associated with improved affective well-being. This includes positively valenced task-unrelated thoughts (Crosswell et al., 2020;Mi\u015b & Kowalczyk, 2021) and daydreams characterized by acceptance and curiosity (Giambra & Traynor, 1978; Gold & Minor, 1983; Magan, 1985), as reported in our meta-analysis. Similarly, our qualitative summary revealed that future-oriented thoughts were also associated with improved affective well- being. ... Reference: On the Relationship Between Unprompted Thought and Affective Well-Being Systematic Review and\u2026 ... Building on the ecological model of human development (Bronfenbrenner, 2005), proponents of the sexual revictimization theory (Belsky, 1980; Gold et al., 1999; Grauerholz, 2000;Pittenger et al., 2016) aim to better understand the role of the individual, (e.g., demographics and psychological and behavioral adjustment), interpersonal (e.g., involvement with deviant activities and peers), and contextual factors (i.e., the context where sexual harassment occurs) that are related to the development of sexual revictimization. The model offers theoretical guidance and understanding beyond the prevalence of sexual harassment on a single occasion and highlights that victims of sexual harassment are at risk of being revictimized again later in life (Belsky, 1980; Gold et al., 1999; Grauerholz, 2000). ... Reference: Sexual Revictimization by Peers in School and Organized Activity Contexts Among Adolescents 3-\u2026 2/22/25, 6:07 Steven R. Gold's research works \| Northern Illinois University and other places 7/11 Aggression and Violent Behavior Steven Gold \u00b7 Barbara Sinclair \u00b7 Kristi Balge Cross-Validation Study of the Trauma Symptom ChecklistThe Role of Mediating Variables Citing Article March 1994 Journal of Interpersonal Violence Sexual Fantasies of College Students With Coercive Experiences and Coercive Attitudes Citing Article December 1990 Journal of Interpersonal Violence ... Critics argue these categories overlook strategies like avoidance coping (Seiffge-Krenke & Klessinger, 2000). Studies suggest task-oriented coping is adaptive, while emotion-oriented and avoidance coping are maladaptive, with avoidance coping linked to long-term psychological issues such as anxiety and depression (Herman-Stabl et al., 1995; Gold et al., 1994) . ... Reference: Echoes of Childhood: Gender and Coping Strategies as Moderators of Social Anxiety in Survivors of\u2026 ... Empirical support has also been provided for sex-related cognitions as predictors of students' harmful sexual behaviors. For example, studies have shown that male students in the who possess problematic sexual fantasies are more likely to engage in illegal sexual activities compared to those without such fantasies (e.g., Gold & Clegg, 1990; Malamuth et al., 1995;Williams et al., 2009). 1 Misunderstanding of sexual consent also constitutes a key risk factor for university-based sexual aggression in the US. In support of this, research has shown that students who are unable to identify appropriate indicators of valid sexual consent, including those who endorse non- verbal consent strategies, are more likely to engage in non-consensual sexual activities (e.g., Salazar et al., 2018;Walsh et al., 2021;Zinzow & Thompson, 2019). ... Reference: Empirically Assessing the Effectiveness of the Pathways Programme: An Online Self-Help Intervention\u2026 Top co-authors Joel Milner Northern Illinois University 2/22/25, 6:07 Steven R. Gold's research works \| Northern Illinois University and other places 8/11 Lex Merrill Allegany College of Maryland Cynthia Thomsen United States Navy Bruce Henderson Western Carolina University Carol E. Newell Barbara B. Sinclair Patricia F. May Julie L. Crouch Linda K. Hervig Scott W. Minor Top journals Journal of Interpersonal Violence Published by Imagination Cognition and Personality Published by Journal of Consulting and Clinical Psychology Published by American Psychological Association Violence and Victims Published by Springer Publishing Company Journal of Clinical Psychology Published by Wiley 2/22/25, 6:07 Steven R. Gold's research works \| Northern Illinois University and other places 9/11 Company About us Blog Careers Resources Help Center Contact us Business Solutions Marketing Solutions Affiliations Northern Illinois University Department of Psychology Naval Aerospace Medical Research Laboratory Department of Warfighter Performance Western Carolina University Department of Psychology Publication stats Citations 1,585 Browse more researchers 2/22/25, 6:07 Steven R. Gold's research works \| Northern Illinois University and other places 10/11 Scientific Recruitment Publisher Solutions Terms Privacy Copyright Imprint Consent preferences \u00a9 2008-2025 ResearchGate GmbH. All rights reserved. 2/22/25, 6:07 Steven R. Gold's research works \| Northern Illinois University and other places 11/11", "7562_102.pdf": "Yale a i l y e w s Founded January 28,1878 Oldest College Daily 40 Cents Vol. 115 No. 113 12,1993 Word to Your Mayor About 60 New Haven residents gather Saturday to protest Mayor John Daniels Jr.'s proposed cuts to the city libraries' budget. The cuts will close some branches and curtail hours. See story, Page 3. As English Chair, Marshall Will Try to Keep It on Top Despite an Impressive JuniorFaculty, the Program Once Seen as Country's Best Now Has Competition By Noah Bookbinder Staff Reporter With Richard Brodhead vacating his post as chairman of the English department this summer to become Yale College dean, professor David Marshall will fill the chairmanship, inheriting the difficult job of keeping the department in the top ranks of academia. Acting President Howard Lamar announced last week his choice of Marshall to head the department this fall. Marshall will head an English department once considered the finest in the country. Recently, to compete with a thickening field of impressive departments nationwide, Yale has recruited top senior professors and an expansive junior faculty in the subject, professors said. Marshall's most difficult challenge may be overseeing which junior faculty members are promoted to tenured positions. There are now more qualified professors than future slots, faculty members said. The department faces the \"terrible difficulty of so many distinguished junior faculty members approaching the tenure level and only limited space,\" English professor Paul Fry said. This situation may hit the Yale department especially hard because the University lacks a tenure track system in which each junior professor is considered for a tenured position. Junior professors therefore depend on senior slot openings to gain tenured positions. \"We have a number of absolutely first-rate people who would certainly get tenure at Harvard or Princeton or Brown,\" English professor Leslie Brisman said. Following controversial decisions about tenure in the past, students cautioned that \"the English department really has to be careful about keeping their female professors,\" English major Kristin Ing '94 said. But the flood of strong professors indicates the department has largely succeeded in replacing such prominent English professors of the past as Maynard Mack, Robert Penn Warren and Cleanth Brooks, professors said. In the 1950s and '60s, Yale's English department \"without question was the strongest department in the country,\" long- time history professor Gaddis Smith said. But the department \"has slipped slightly from the great height it once had,\" said a professor who asked not to be identified. The department \"has had to do a Richard Brodhead Will hecome College dean Speculation Arises For Court Opening Cabranes, Calabresi Mentioned as Possibilities to Replace Byron White By Jennifer Levitsky Staff Reporter Long before Supreme Court Justice Byron White '46 announced his resignation from the bench, eager liberals had already begun discussing candidates to fill his spot. And President Bill Clinton '73 may turn to a member of the Yale Law School community toreplace White. Yale Law School Dean Guido Calabresi '53 '58 and Connecticut Chief Federal Judge Jose Cabranes '65, a member of the Yale Corporation, are the two people most frequently named from the Yale Law School pool of graduates and legal scholars. Calabresi's name has been mentioned in The New York Times. Most major newspapers, including The New York Times, The Wall Street Journal and The Washington Post have forwarded Cabranes as a c;indidate. Calabresi said he is pleased just to be apart of the speculation. \"For an academic, the honor is to be considered because it shows people think well of you,\" he said. Calabresi said he would not leave Yale Law School for \"virtually any job.\" He also said \"there is not any lawyer who would not accept to serve on the Supreme Court.\" Cabranes could not be reached for comment, and both his wife, Yale law professor Kate Stith, and one of his law clerks declined to comment on the possibility of his nomination. Since becoming dean of Yale Law School in 1985,Calabresi, 61, has helped mold the school into one of the top law schools in the nation and helped generate the school's strong message of dedication to ptiblic service. Cabranes, 52, also has strong ties to Yale. After teaching international law at Rutgers University, he served as general counsel for Yale University from 1975 to 1979. He is an active member of the Yale Corporation and a member of the presidential search committee. Cabranes is believed to be a more likely choice than Calabresi because many people think Clinton wants to nominate a minority candidate in his or her forties or Guido Calabresi Not seen as likely as Cabranes Reaching Out Members of a Yale volunteer group spent spring break in Kentucky helping needy families build homes. Page 5 Going Strong The Yale mens' baseball team continues its successful season, capturing its fourth Ivy League win. Page 8 Today: partly cloudy, high 61 Tonight: cloudy, low 44 Tomorrow: cloudy, high 55 Deans Might Reverse Off-campus Meal Plan Dean's Office Had Opposed Corporation's Ideafor Mandatory Plan, a Residential College Dean Says By David Karp Staff Reporter Two days before students converge on a residential college dining hall to protest a mandatory meal plan for off-campus students, the Yale College dean's office is considering overturning the plan residential college dean who asked not to be identified said last night that the Yale College dean's office originally opposed the plan, which was approved Feb. 16 by the Yale Corporation. Now, faced with organized student protest and a plan for civil disobedience Tuesday, the College dean's office hopes to overturn or reach a compromise on the plan, the dean said. Residential college deans were not notified about the plan until days before the Yale Corporation announced its approval, the dean said. The plan would require off- campus students to pay Yale $300 per semester to eat an average of three meals each week in residential college dining halls. \"If it is overturned, that would obviate the need for a protest,\" the dean said. Acting Dean of Yale College Donald Engelman and Dean of Student Affairs Betty Trachtenberg declined to comment yesterday. But Trachtenberg said that the dean's office has been considering student opposition to the plan. \"Everything that students have said is taken seriously and with concern,\" said Trachtenberg, who added that she \"was not surprised' by the opposition. Word of a possible administrative reversal comes aftei six weeks of organized protest by students and city officials. After Engelman announced the plan, a group called the Off- Campus Student Associatior formed to oppose the plan and will sponsor Tuesday's \"eat-in\" ai Berkeley College. Organizer Fergus Cullen '94 said he expects about 30 people to attend the protest. \"It is pushing foi people to go out on a limb\" and demonstrate, Cullen said \"Even 30 people will prove our point and that will be indicative of the crowding.\" The organization has gathered about 2,400 signatures on a petition Times' Delivery System Criticized Agency, Times' Spokesman Blame Each Otherfor Irregular Service By Sascha Segan StaffReporter Dan Andrzejek '95, a subscriber to the New York Times, said he did not receive two out his five papers in the first week of April. \"I'm getting kind of tired of this. It's a fairly common occurrence in Trumbull College,\" he said. In fact, students all over Yale have not been receiving their copies of the Times. Student delivery agency officials, the local distributor and the New York Times Company acknowledged problems during three days two weeks ago, but Yale subscribers said distributionhas been spotty all year. The distribution of the Times at Yale has been complicated by miscommunication among student carriers, the Associated Student Agency in charge of distribution, the North Haven wholesale distributor and the Times company itself. When the system works, the Times delivers 800 papers a day to Anderson News Company in North Haven, which dumps them in bins on campus by 4 a.m. Then, students employed by the New York Times Delivery Agency pick up the papers from the bins and place them on students' doorsteps by 8 a.m. But two weeks ago, for example, a scheduling error caused the Times company to believe Yale's school year was finished. \"Our contact at the New York Elm City Can Legally Lessen Number of Beds It Provides Court Says City Will Not Have to Offer Shelterfor All By Diana Block StaffReporter New Haven's 126 year-round beds for homeless people may decrease to 25 next year, when for the first time since 1987 the city will not be under court mandate to provide shelter for all in need, according to city officials. On March 29, the Board of Finance announced its plans to cut the number of beds in response to last July's state welfare reform bill. The reforms call for all municipalities to provide shelter for homeless people who are on general assistance. But the same bill made it more difficult to qualify for general assistance, said Nancy Bowden, business director of the privately-owned Columbus House shelter. In 1987, a court mandate made New Haven the only municipality in Connecticut that \"had to house all the homeless people that showed up on the door[step],\" said Jane Ciarleglio, director of intergovernmental affairs. Ciarleglio said cities lacking appropriate shelters sent their homeless people here. \"When people would send them from Ashbury or Woodbridge they would tell them to say they were from New Haven,\" Ciarleglio said. One city human resources worker, who did not want to be named, said many of the homeless people coming from other cities did not initially seek a place to stay. \"Sometimes they don't come to especially to get shelter. They come for medical reasons\" and then lose their beds elsewhere, As Auditions Near, Future of Whim 'n' Rhythm Uncertain By Wendelyn Pizer ContributingReporter While alumnae of the former all-female senior singing group, Whim 'n' Rhythm, press for a revival of the group, campus interest among female junior singers remains ambiguous about starting a group for next year. \"It's still kind of up in the air, but think enough people will audition to have a group this year,\" said Lauren Glazer '94, a singer in Something Extra who is considering auditioning for the group. Whim 'n' Rhythm disbanded last spring because of low audition turnout, and former members have been meeting with junior women since January to discuss revitalizing the group. Ten to 12 junior women met Saturday with three Whim alumnae to chart the group's expectations for prospective members. They agreed to decrease the time commitment and discussed expanding Whim membership so that singers would not be required to come to every performance, Glazersaid. While auditions are scheduled for April 17 and 18, \"there were definitely not a lot of people signed up\" by Saturday, Glazer said. Supporters attribute low audition numbers to the group's lack of prestige, demanding time commitment and weak repertoire. Whim has always been in the shadow of its wealthier and more prestigious counterpart, the Whiffenpoofs, prospective members said don't know if Whim will ever be the word on everyone's lips, like when they think of singing groups they say See FOOD, Page 4 See TIMES, Page 4 See ENGLISH, Page 4 See BEDS, Page 3 See COURT, Page 4 See WHIM, Page 4 The World Today Compiled from Associated Press Reports Jury Deliberates in King Case; Politicans Urge Calm \u2014 Jurors reached no verdict Sunday on the officers accused of violating Rodney King's civil rights, but requested a transcript of testimony from one of the trial's most dramatic witnesses. Soon after they convened on Easter, the jurors asked for the testimony of California Highway Patrolwoman Melanie Singer, who wept on the stand when she recalled baton blows to King's head. The request came in a note from the jury's foreman, identified only as a real estate salesman in his late 30s who said during jury selection that an earlier jury's acquittal of the defendants on most charges was \"no surprise\" to him. By the end of Sunday's session, jurors had deliberated some 7 1/2 hours since receiving the case late Saturday afternoon. Sgt. Stacey Koon, Officers Laurence Powell, Theodore Briseno and former Officer Timothy Wind are charged with violating King's civil rights in a beating which the government says was excessive. U.S. District Judge John G.Davies said he didn't have the transcript jurors wanted, adding, \"Even if had it would not have sent it in because that tends to emphasize testimony.\" Assistant U.S. Attorney Steven Clymer then suggested that the jurors be asked if they were concerned about a particular part of the testimony. But Davies said he was reluctant to ask the jurors anything more. [In Washington, Commerce Secretary Ron Brown complained Sunday of \"a lot of pumping in the media\" about the prospects for violence inLos Angeles following a jury judgment in the Rodney King beating case. Brown, speaking on CNN's \"Newsmaker Sunday,\" said there were \"almost expectations that something is going to happen.\" \"It's almost like there's some people who wish there would be violence,\" he said. He said the media have focused on people buying guns and taking other measures to defend themselves in the event ofrioting don't think that is helpful inkind ofkeeping the temperature down,\" he said. U.S. Rep. Maxine Waters (D-Calif.). who represents the south- central Los Angeles area where most of last year's riots occurred, told the residents she has talked to understand her message that if they take to the streets with a gun in their belt or a Molotov cocktail, they could be killed by law enforcement officers determined to keep order.] Tests Reveal Hidden Weakness in Boeing 747s \u2014 Computer-aided metallurgical tests may have uncovered some clues to help explain the crashes of two Boeing 747 cargo jets inAmsterdam and in Taiwan, according to a published report. The Washington Post, quoting Federal Aviation Administration officials, said Sunday that Boeing Co. computer simulations found that fuse pins that hold the engines onto the wing of the jumbo jet may react under certain conditions in a way that causes them to break long before engineers had anticipated officials knowledgeable about the findings could not be reached Sunday. An agency spokesman, Fred Farrar, said he had no knowledge of the tests reportedly conducted by the Boeing Co. But the Post quoted officials of the and the National Transportation Safety Board as saying the fuse pins on more than 900 Boeing 747s are strong enough to support the engines properly and pose no safety concerns. However, the Boeing tests showed that if such pins are corroded or have cracks they may be more susceptible to breaking that previously believed, the newspaper said. Since the crash last October of a Boeing 747 cargo jet belonging to El 1 airlines in Amsterdam, the and Boeing has required closer inspections of the mounting pins to assure they are not corroded or cracking. In both the El 1 crash Oct. 4, 1992, and the crash of a China Airlines 747 in Taiwan on Dec. 21, 1991, an engine ripped away from the wing as the jets were climbing after takeoff. The Post quoted Anthony Broderick, the FAA's associate administrator for regulation and certification, as saying that the Boeing simulations showed the fuse pins reacting under load in an unexpected way that produces eight to 10 times greater stress than engineers anticipated. While crack-free and corrosion-free pins would still hold up, those that might be corroded or cracked could break, the newspaper said. Jerusalem Remains Tense Through Easter Festivities \u2014 Easter in the Old City mixed the spiriis of piety and business, with pilgrims stopping off to gander at Christian trinkets on their way to holy sites. In the Arab market outside the church, crowns of thorns were on sale for $3.60 apiece bag of frankincense cost $1.80, and a watch with Jesus Christ's face in the center was $25. Of course, the prices were open to dickering. Inside the Church of the Holy Sepulcher, built on what is said to be the site of Christ's burial, Jerusalem's mosaic of religions was on display. Roman Catholics held Easter Mass and Orthodox Christians held Palm Sunday rites in the church. But absent from the Easter services were Christian Palestinians because of a closure Israel imposed on the occupied West Bank and GazaStrip almost two weeks ago. \"People prepare themselves to be happy, but inside they are sad. Look, police are everywhere,\" said Hanan Khuri, 22, a student from the West Bank city of Nazareth. \"We will go and pray quickly and go home. There is no sense of peace and safety.\" Israel closed the territories in an attempt to curb an escalation of violence, and some tourists conceded they were nervous. Crews Clean Oil From Mississippi River Spill \u2014 Workcrews spent Easter Sunday trying to sop up as much as 210,000 gallons of oil that spilled into the Mississippi River after an oil-laden barge hit a bridge north ofNew Orleans. More than 200 people were on the river working to contain the spill, said CraigPhilip, a spokesman for Nashville, Tenn.-based Ingram Barge Co., owner of the crippled barge. The barge, carrying 900,000 gallons of oil, crashed into the Sunshine Bridge at Donaldsonville Friday. The Coast Guard continued investigating the cause Sunday, said Petty Officer Scott Campbell. The collision damaged one of the barge's three compartments, which contained 300,000 gallons. Philip said up to 210,000 gallons ofoil spilled. The crippled barge was secured Saturday night at a nearby dock and was no longer leaking cargo, Philip said. \"We have transferred most of the liquid in the damaged barge off, but we now have a mixture of water and oil because as the oil leaked out, water seeped in and we'll have to wait for that to separate before we can account for exactly how much oil was lost,\" he said. Former Union Leader Dies at 70 Sirabella Was Local 35's Business Manager Through Two Strikes By Colin Savage StaffReporter Former Yale labor organizer Vincent Sirabella died last week at the age of 70 in suburban Washington, D.C. Sirabella was business manager for Local Union 35 from 1968 until 1971, when he left for a position with the Hotel Employee and Restaurant Employee International Union. Local 34 and 35 officials said that during his tenture, Sirabella changed Yale's unions from trampled floormats to one of the nation's strongest unions. Local 35 President Thomas Gaudioso said Sirabella, who supervised three strikes while with Local 35, inspired a new militance in labor relations at Yale. When he came to Yale, Sirabella told workers, '\"You have to take [the University] through a couple ofstrikes before they'll listen,'\" Gaudioso said. Before Sirabella came to Yale, \"the locals were in complete disarray,\" Local 34 Chief Steward Michael Boyle '79 said. \"In those days, the standard work week was 48 hours, and the wages were pitiful.\" Union officials also lauded Sirabella's dedication to empowering Yale's unions. Boyle said Sirabella \"single- handedly created what Local 35 is today. For those early strikes he was the union.\" Sirabella had been involved in the labor movement since he was 14 years old, when, as a busboy, he organized a strike of restaurant workers, Boyle said. Sirabella was an \"inspiring\" and \"charismatic\" leader who garnered student sympathy during the lengthy 1977 strike by regularly holding open discussions to \"explain what the strike was about,\" Boyle said. Asian-American Studies Condoned Panel Members Say Future Programs Need to Stand On Their Own By Peter Handrinos ContributingReporter Students and faculty focused on the needs and future of an Asian- American studies program at Yale Saturday. As part of Asian-American Awareness week, the panel discussion in William L. Harkness Hall attracted about 50 undergraduates, graduates and community members. Moderating the panel was history professor David Montgomery. Participating were American Studies professor Michael Denning, State University of New York professor Peter Kwong, Cornell University professor Gary Okihiro, Cynthia Maria Powell of Yale's Asian American graduate program, and Columbia University graduate student Jane Bai representing the New York-based Asian American Studies Association. Denning pointed out the limitations of Asian-American studies at Yale which is a concentration within the American Studies program. He noted that six years after the advent of ethnic studies courses in Puerto Rican. Chicano and Asian-American studies, there are still no tenured professors who concentrate in Asian-American studies. \"The kind of continuity, the kind of advising, the kind ofcommitment' that permanent faculty can bring does not yet exist for Asian studies,\" he said. He expressed his hope that the incoming president and campus administrators will work to create the needed framework of intellectual debate. The speaker who created the greatest stir was Bai, who was an activist for an Asian-American curriculum while she was an undergraduate at Cornell. Without a sustained effortfor more classes and faculty, she said \"undergraduates' concerns will be seen as a transient phenomenon, and will be treated as such.\" The Yale administration, she said, will yield to pressure only if \"Asian-American studies is distinguished as an intellectual necessity and imperative,\" Bai said. Speaking about the challenges of an Asian-American cultural identity, Kwong reiterated the need for more scholarly programs in higher education. Kwong said all Asian Americans suffer from a legacy of discrimination and are often perceived as an undifferentiated people. At the same time, he said, they are separated by nationalities, class gender and sexual orientation. \"These identities can and should coexist,\" Kwong said. \"We must reject divide-and-rule without losing sight ofa multicultural diversity.\" The history of Asian-American studies was put into perspective by Okihiro-. He noted the influential 1968 San Francisco State University manifesto of that time declared, \"We simply desire to function as human beings \" In that light, Okihiro said, Asian- Americans studies is \"part-and- parcel ofhuman rights.\" The audience's questions concentrated on the problem of achieving unity without slighting the diversity of the Asian-American experience. Panel members acknowledged the problems but said Asian American studies can overcome them. \"We are not sure what Asian American studies really are until we nurture a full, sophisticated program,\"Kwong said. Denning agreed, noting \"until we are inside theAcademy, we will not be able to satisfy any of the needs of our debate.\" 2 Yale Daily News Monday, April 12. 1993 Fine Late 1 Beijing \|lly Night Cuisine Menu <SHon9L'CUS5' BringYour Appetite And Quench Your Thirst.. with a 30 year Yale tradition. Just walk 2 blocks for the best damnChinese food this side ofBeijing. Don't forget about those killer scorpion bowls on special for $8 on Tuesday nights. And Hey,Eli's, Happy Hour's. Friday's. Be there mBsBStfa -Vr \\$M\\ MmSSk mm \"-, -v SALE!!! Every pair in every store. prescription & non-prescription. 20 J(e7i7iec{a v 80 Whitney Ave., New Haven 624-3145 (1 block from Business-minded students wanted to run profitable software company. Graduating seniors seek enterprising candidates interested in ownership and management opportunities. Contact Steve Kasoff or Mike MacElhiney at 498-6043 for more information. Star Blue Software, Inc. sbsi After reading the winning entries of the Wallace Non-Fiction Contest in the Magazine, think fiction! 1 Win up to $1,000 in the CONTEST! All entries must be previously unpublished pieces of less than 20 pages. Stories must be submitted to the Yale Daily News Building by 3:00 p.m. on April 14th. Questions? Call Zephyr at 436-1343 Hj summer \u25a0 Hi 4 i Some of the Yale Faculty teaching in the Yale Summer Program: Vladimir E. Alexandrov John Montanaro Kim Blankenship Charles Musser Susan Brandon Maurice Natanson Anton W. Chen Susan Neiman Wen-Tao F. Chen Hanneline Rogeborg Kevin Dunn Sandra Sanneh Hiroko Eiju Harold W. Scheffler Donald W. Faulkner Ramamuni Shankar David Ferris Ian Shapiro Paul Fry Steven Sheehan \| j Richard Garner Stephen Skowronek Langdon Hammer Jeanne Smith Susana Jacobson Rogers Smith Suzanne Keen Steven Smith William Kelly Frank M. Snowden : Esther W. Kuo John Szwed Vera M. Kutzinski Mark Wollaeger Vivien H. Y. Lu Eitetsu Yamaguchi William Mahota Roben Zinn Yale Summer Programs is offering a number of evening courses this year. Yale Students will receive a 20% discountfor on-campus room and board Forfuther information, pick up a catalogue at 246 Church Street, Suite 101, or call 432-2430. M> j jBMHB BHrTPjf\|ji\|fell: H.4FV'] Bill Reduces City's Duty to Shelter All she said. Though New Haven did meet the court mandate, the expense of sheltering homeless people was steep. \"Our homeless budget and costs were absolutely out ofcontrol,\" Ciarleglio said. Despite high demand, city officials said the need for beds will fall quickly next year as fewer homelesspeople are eligible to stay in shelters. At the Immanuel Baptist Wright Avenue shelter, 120 beds \"fill up every night,\" said program manager Wesley Thorpe. \"We turn away 10 to 15 people every night,\" Thorpe said. \"If they change the criteria, we might not need all of \" the beds, he said. There are many people now relying on city beds who will be left without shelter when New Haven changes its policy. Homeless people will be eligible for shelter only if they qualify for general assistance under the new welfare codes, \"If you don't qualify for the shelter, it's because you have theresources\" to go elsewhere, the human resources worker said. \"That may not be sufficient for a person to live by themselves. They may have to share,\" she said. The state does give the city the option of providing shelterfor those noteligible'for general assistance, though these extra expenditures would come out of the city's pocket. The cost of an extended program is prohibitive, Ciarlegiio said. \"It's unfortunate, but the residents who live in New Haven cannot afford it,\" she said. \"We expect to strictly adhere to [the new state lawj. There's no other way to be fair.\" Bowden said private shelters will feel the cuts as more people are searching for beds. The cuts in beds and in general assistance eligibility will leave many people with noplace to go. \"It doesn't sound like good social policy to me,\" Bowden said. \"There are going to be some desperate people.\" Forestry School Plans to Institute Requirements By Abby Foster StaffReporter The School of Forestry and Environmental Studies is preparing to overhaul its curriculum by changing its flexible requirements to ensure students graduate with more specific skills. Currently forestry students come from diverse educational backgrounds and have no requirements for specific courses while at the forestry school. An independent committee evaluation of the school last summer by Yale faculty members and headed by chemical engineering professor Gary Haller expressed concern that students were graduating without marketable skills. Assistant Dean Gordon Geballe said weekly faculty discussions within the forestry school are focusing on four areas, with the primary focus on student curriculum. Research priorities, identifying subject areas where new faculty are needed, and the need for new facilities are also being discussed. First, the Master's degree programs are being reviewed in terms of their entrance requirements and distribution of required courses. The Haller committee suggested students should have similar backgrounds, Geballe said. Currently, a student with any undergraduate major or educational background is encouraged to apply. To standardize student background, Geballe said the school was considering creating one of two plans \u2014 either creating a \"requirement model\" which would disqualify some applicants who lacked certain educational requirements, or inventing a \"target model\" which would be ah example to all prospective students of what courses they should take prior to applying. The curriculum itself at the forestry school is varied. In many concentrations students can create their own programs, needing only an advisor's approval. To earn a Master's Degree in Environmental Studies, a student needs to take just eight classes at the forestry school and eight from any other Yale graduate school, usually the School of Organization and Management or the Law School. Patrick Baker '93 called the Environmental Studies program \"a free-form thing.\" While the school will not make any final decisions until the fall, professors are already considering a \"menu\" of course requirements. Instead of requiring particular courses, however, the administration would like to impose distributional requirements for all students, Geballe said. \"We will always have the ability to be flexible,\" Geballe said, \"but we should identify what our students should know\" before entering the job market. The distribution groups would be natural science, social science and quantitative courses. Baker hailed the changes which he said would strengthen quantitative skills among students. \"There will be a different character to the forestry school if [the administration] does this,\" he said. Baker said students could become comfortable with math and quantitative science if they were exposed to more courses in those areas. Nicole Wilson '94 disagreed. The reason chose Yale was its good mix of students, which facilitates discussion,\" she said. The diversity of courses allows the school to be strong in different areas, she said. Geballe agreed that Yale's reputation of lax distributional requirements is attractive to many people. \"We don't want to lose our spontaneity,\" he said, adding that alumni would be disappointed by such a change. The second issue being discussed by the faculty is redefining the school's research priorities. \"We can't research everything. We have to focus on specific areas,\" Geballe said. Forestry professor William Smith agreed that the \"top-to-bottom approach\" of changing the forestry school includes shaping future research to the \"future needs of natural resource management and environmental management\" studies. The third topic under discussion is hiring of new faculty members. Geballe called for a prioritized list of areas in which faculty are needed. He predicted that two or three active searches for professors would be conducted next year. Lastly, the administration must determine what new facilities are needed, Geballe said. If new buildings are needed or more administrative positions must be created, the school will have to come up with more financial resources. All changes will be made by Forestry School Dean Jared Cohon after a consensus of the faculty, with student input, determines the school's course ofaction for the next decade. Library Cuts Decried Rally Calls on Mayor to Reverse Closings, Cuts By Ethan MacAdam StaffReporter The roughly 60 supporters who gathered in Saturday morning's warm drizzle to rally on the steps of New Haven's public library seemed to sense they were on their way to losing a battle they had lost once before. Since Mayor John Daniels Jr. proposed budget cuts for the coming year which will close the area's remaining three branch libraries and drastically reduce the main library's support staff and hours, the Friends of the Library, a concerned group of library employees and patrons, have been fighting tooth and nail to reverse the decision. Library supporters opposed the city only two years ago over similar budget cuts and were defeated \u2014 four of the area's seven branch libraries were closed. The frustration at the city's repeat performance was expressed by Alderwoman Elizabeth McCormick (D-24), one of several alderpeople to speak at the rally. \"We shouldn't have to go through this every time we look at the budget,\" McCormick said. Saturday morning's rally was aimed at gathering support for the Friends before they take their grievances to the city's Board of Finance on Monday night at Hillhouse High School. In the wake of the past year's escalating crime rate, the city has made a push for an increased police force. At a recent meeting, the Board of Finance announced that some of the funds for the increase must come from the library budget. The cut which the board approved will slash the New Haven library system's $2.5 million budget by 28 percent. For the branch libraries in and around New Haven, this will mean closing their doors forever, and for Elm Street's main library, it will mean operating 25 hours a week on a 50 percent staff reduction. When the board asked library officials themselves to engineer this year's specific cuts, the librarians flatly refused. As one branch librarian said at Saturday's rally, \"We refused to participate in our own suicide.\" Despite the angry harangues, lackluster enthusiasm and a swiftly dwindling, inattentive crowd betrayed the protestors' lack of confidence. Former New Haven mayor Frank Logue led the rally, reading passages from a large stack of petitions in between speeches. Logue himself advocated increased city taxes as a substitute for the library cuts, and urged the crowd to propose the option to the Board of Finance at Monday night's meeting. New Haven citizen Cheever Tyler was one of the rally's first speakers. \"We need to prepare kids for Connecticut's service economy with communications skills\" they can acquire in libraries, Tyler said. \"Otherwise they have no hope and no dignity.\" Tyler also praised libraries as a means to revitalize New Haven's troubled small business economy. \"Education is the lifeboat,\" Tyler concluded. Alderwoman Joyce Poole (D- -23) remarked on the opportunities libraries afford in a racially diverse area such as New Haven. \"My child attends a school where the student body is primarily African-American. Activities at the library allow her exposure to children of other colors, other races,\" Poole said. '3EOFF cGNAL crowd of 60 people gather outside New Haven's public library to proiesi Mayor John Daniels Jr.'s budget cuts which would close three branch librariesand reduce hours and support staff. Hospitals Take Measures to Transcend Language Gaps By Jessica Schultz YDNStaffReporter Fair Haven Clinic's answering machine has a revolutionary message. Never mind that it only announces clinic hours and an alternate number for emergencies. To meet the needs of itspatients, the bilingual speaker repeats the message in Spanish. Clinics and hospitals in the diverse New Haven area have struggled to improve communication between health care providers and patients. Over 13 percent of the city's 130,474 residents are \"of Hispanic origin,\" and of those, about 6,800 \"do not speak English very well,\" according to the 1990 census of population and housing. Although most area health care providers have been successful recruiting Spanish-speaking staff, the number of Spanish-speaking doctors remains low. Difficulties in communication \"definitely\" prevent people from seeking the care they need, said Carlos Salguero, a child psychiatrist at the Hill Health Center think Spanish patients often miss out\" on many services offered by hospitals and clinics, he said. Although between 40 and 45 percent of patients speak English as a second language at the Hill Health Center, Salguero is the only doctor fluent in Spanish. Most medical centers compensate by offering translation services around the clock. However, many patients feel uncomfortable with a third person in the room, Salguero said. \"The issue of confidentiality comes into play ... the illness is something private, they don't want to tell a translator,\" he said. Hospitals offer opportunities for physicians to learn Spanish, but because of the nature of language instruction, classes cannot accommodate everyone.. At Yale-New Haven Hospital, a 25-person class called \"Spanish for Medical Personnel\" has filled every semester since it expanded in 1992, said Julie Lamb, the coordinator for the program. The language barrier compounds other obstacles which prevent many people from seeking preventive and primary care. Realizing that the hospital environment is especially intimidating for people who do not understand English well, most outreach efforts include bilingual staff. St. Raphael's Project Mothercare van, which travels neighborhood streets to provide prenatal care to pregnant women, publishes its schedule in both English and Spanish and always has two bilingual outreach workers on board, said Carol Pompano, St. Raphael's public information specialist. The brunt of the communication responsibility lies with volunteer translators. St. Raphael's Language Bank uses both community and hospital staff volunteers to assist patients with their visits. Translators remain second best to a physician proficient in Spanish, Salguero said think they have to be trained to tell about the subtleties about the patient's behavior,\" he said.\"The problem will be solved when the system [has] more Spanish practitioners.\" Although most health care providers interviewed said the available resources satisfy the demand for communication services, some said the needs of the Spanish-speaking population in New Havenwill never fully be met. \"There's never going to be enough with the cuts we have left and right,\" said Fefi Concepcion, a case manager at Hispanos Unidos, an care organization which targets the Chicano community. But, she added know they're trying to do the best they can. That's the feedback usually get from my clients.\" Fernando Betancourt, the deputy director of human resources in New Haven, said the language barrier poses problems in areas other than medicine as well. \"We are faced with that [communication] problem not only in medical treatment or access but also in any other services,\" he said. Needle Exchange Backed by Agency Federal Study Finds City Program Has Reduced Spread ofAIDS Virus By Mitch Raab StaffReporter New Haven's innovative needle exchange program could soon be replicated in other cities since a federal study found a high rate of success. The Government Accounting Office, supporting a Yale study, found that since a sample of 500 intravenous drug users started exchanging needles two-and-a- half years ago, the incidence of among the study group went down by one-third. \"It's most likely that the real data exceed that one-third reduction,\" said medical school professor Robert Heimer, who conducted the study. The Acquired Immunodeficiency Syndrome division of the city's Health Department runs the needle exchange program, one of the first of its kind. Seven outreach workers distribute clean syringes in exchange for used ones at several sights around the city. Although a political battle shrouded the inauguration of New Haven's program, needle exchange met with fewer obstacles here than in other cities. San Francisco and New York started their own programs only after consulting New Haven officials. Massachusetts and California state legislatures, meanwhile, both considered needle exchange before the measures were rejected in a swirl of controversy. California is now trying to shut down the San Francisco program because it was started without state blessing. The New York program met resistance from lobby groups, prominent politicians and members of the clergy. The program there was started, shut down and then started again. While law enforcement officials bitterly attacked needle exchange in other cities, activists said the New Haven Police Department was instrumental in developing the program here. Several church groups have also supported the effort since its inception delegation from The United Church on the Green testified in favor of the program at hearings held to approve the program have always supported the giving of clean needles,\" said the Rev. Samuel Slie, who heads the Downtown Cooperative Ministry. After last week's federal announcement, many who had originally opposed needle exchange said they will tolerateit wasn't in favor of needle exchange at first,\" said Elsie Cofield, president of the Interfaith Network. \"It's counter to what we believe, but would not stand in the way of anything that's going tohelp,\" she said. Having agreed as non-partisans to conduct an evaluation of the program, Heimer and Ed Kaplan, who conducted the Yale study, are both converts. \"We've become needle exchange partisans,\" Heimer said. Despite federal recognition of the New Haven program's accomplishments, political challenges elsewhere are likely to persist. Key congressional figures, like Rep. Charles Rangel (D-NY) chairman of the House Select Committee on Narcotics, disputed the effectiveness of needle exchange. The White House has not yet taken a position. Monday. April 12, 1993 Yale Daily News 3 BEDS,from Page 1 Marshall to Chair English Department lot of rebuilding in recent years\" and has achieved its objectives, with \"very few offers turned down,\" Brodhead said. Despite the illustrious English scholars of Yale's past, \"the newer generation of people who succeeded them are equally important\" in their field, English major David Greenberg '94 said. Yale's English department does not have as many \"stars\" as the University of California at Berkeley department, but it is still \"one of the top in the country,\" said a professor who asked not to be identified. In recent years, with departments nationwide offering substantial amounts of money for \"superstars,\" the number of schools with first-rate English departments has increased. But \"if you look at the overall resources don't think that there's a better department\" than Yale's, Marshall said. Despite a lack of monopoly on famous professors, Yale now boasts numerous top scholars and \"the best junior faculty around,\" Marshall said. The abundance of outstanding juniorprofessors also benefits the department, which needs junior faculty members to teach many freshperson courses it offers, professors said. This commitment to first-year courses separates the Yale department from \"departments which don't take the responsibility for teaching freshmen,\" English professor Laurence Manley said. Because teaching freshpeople is not a priority at Harvard, for instance, the school only has five junior faculty members, he said. Cabranes, Calabresi Rumored for Court fifties, such as the Puerto Rican- bom Cabranes. \"There is no,,other Hispanic of his stature, so if that became a major consideration,\" Cabranes wouldbe a top choice, said law professor Abraham Goldstein '49, who has known Cabranes for about 20 years and also serves on the presidential search committee with him. Shira GoodmanLAW '95 said that although Calabresi would be well-qualified for the position, she is not sure he fits Clinton's portrait of the ideal nominee \"demographically\" because of his age and race. National reporters once speculated that Cabranes might be too conservative for Clinton to nominate him, especially because he was mentioned as one of former President George Bush '48's possible choices to succeed Thurgood Marshall on the Supreme Court. But Cabranes is now considered one of Clinton's top choices because he is viewed as a moderate. \"Jos6 is very efficient, intelligent and hard-working, and he knows the range of problems that arise in federal courts,\" Goldstein said would think he would be a centrist on the court would think he would have a broad appeal,\" he added. Because Calabresi has not served as a judge,Clinton will have trouble guessing where on the political spectrum Calabresi would fall as a Supreme Court Justice. Goldstein guessed that Calabresi wouldalso be a \"centrist, but probably a little more on the liberal side.\" Both men have the academic and intellectual background to fill the post, but Calabresi said it is rare for a pure academic to be appointed. \"Somebody who is a real academic justdoesn't get named.\" But Cabranes, who has been an academic, a practicing lawyer and a federal judge, \"has all the background Clinton is looking for,\" Goldstein said. Deans' Office May Reverse Food Plan circulated in college dining halls opposing the plan, Cullen said. The group has also garnered support from city politicians. Stanley Rogers, president pro- tempore of the New Haven Board of Aldermen, and Olivie Martson, the Democratic nominee for an aldermanic seat that covers part of the Yale campus, have publicly opposed the meal plan. In an open letter to Engelman, Rogers said the meal plan will damage town-gown relations. Cullen said the group was \"delighted\" by news that the policy might be upset. \"We would love to sit down with the dean's office to form other policies that will keep people on campus and improve the quality of student life. We would love to be consulted on this,\" Cullen said. But unless the administration reverses the policy, Cullen said the group will follow through with the demonstration. The report of a possible reversal \"definitely indicates that [the University] did not do their thinking in advance,\" Cullen said. \"It is indicative that they did not do their homework.\" Times' Delivery Brings Criticism Times had a calendar that said our year ended [two Fridays ago], so we had to scramble to order papers,\" said Beau Borrero '93, who heads the New York Times Delivery Agency at Yale, adding that the calendar they submitted had been misinterpreted. However, Dave Dougherty, a Times spokesman said, \"The calendar is usually filled out by the student organization.\" When the Times does deliver papers, Anderson News in North Haven may fail to deliver enough copies to Yale. Borrero said this happens at most once a week. \"They're not really too concerned if a couple of Yalies don't get their papers. It's a monopoly situation,\" he added. John Lozier '96, who was a newspaper carrier last semester, said he \"occasionally\" did not have enough papers to complete his route. \"Once, the distributor simply didn't send any papers,\" he said. But the newspaper manager at Anderson denied they were shorting Yale.\"It happens two or three times a year\" because the Times does not deliver enough papers to Anderson, said the manager, who asked not to be identified. Complaints of missing sections are also the fault of the Times company, he added. The carriers \"don't even take all the papers that we give them. Sometimes our drivers have to clean old papers out of the boxes,\" he said. Borrero suggested the shortages may result from theft. \"Undergraduates steal plenty of papers,\" he said. The carriers may also be at fault. Borrero acknowledged that the agency has no system for supervising its employees. When a carrier is sick, \"they're pretty much responsible for their own substitutes,\" he said. Last-minute substitutes can be arranged by the agency, but only ifthe carriers notify the agency of their absence before they are supposed to deliver papers. Lozier said when he was too ill to work, he recruited his friends and roommates into service. But he said that, occasionally, carriers simply did not deliver. Dougherty said the Times has not received any complaints about service problems at Yale, and has therefore assumed that the operation runs smoothly. \"If they're having a problem with distribution, they should contact the Times, and we'll get involved,\" he said. Borrero added that any dissatisfied subscriber can contact him with the dates of missing papers and can receive an immediate refund. \"It's not like we're taking their money,\" he said. But several students protested they could not contact anyone at the agency to complain about service problems. \"[My roommate] has called the guy who does it, and he's never around,\" said Tanya Korosty '95 scheduling error has caused the New York Times on-campus delivery service to be inconsistent. New Physics B.A. Will Be Unveiled Applied Physics' Existing B.S. Degree Requirement to Lessen by One Credit By NoahBookbinder StaffReporter Professors in the applied physics department will present the new bachelor of arts degree and the slightly changed bachelor of sciences degree in the subject to interested students at a study break tonight. Department faculty members proposed the B.A. degree at the request of students who said the B.S. degree was difficult to fit into a double major, applied physics chairman Werner Wolf said. The new major was approved by the course of study committee last month and then by the college faculty at the April 1 faculty meeting. The B.A. degree will have the same basic requirements as the B.S. but will demand two fewer advanced courses. The department also modified the B.S. major, which will entail one fewer course than it currently does. Gerard Hoberg '94, who is double majoring in applied physics and economics approached Wolf with a proposal for a more flexible major early this semester. In the past, students aiming for the B.S. in applied physics degree as well as another major have had \"quite a heavy load,\" which \"doesn't leave much flexibility,\" Wolf said. The newly created B.A. degree, which requires one semester of research rather than the two semesters required for the 8.5., is intended to \"interest people who perhaps don't want to be out-and- out applied physics majors,\" Wolf said. The degree may also help people who decide they want to major in applied physics after freshman year and fall behind in completing the requirements, Wolf said. Enrollment in the major dropped last year after the Yale College restructuring committee recommended that applied physics be consolidated into physics even though the change was never made, Wolf said. The new degree and tonight's informational meeting at 9 p.m. in the Becton faculty lounge are intended to attract more students, he said. But applied physics major Ken Tsai '94 said decisions not to major in the subject often stem from \"problems that people have with teachers at the introductory level, not with the requirements less rigorous degree might not greatly expand the major, he said April 12,1993 1 p.m. Child Study Center Presentation. \"Clinical Discussion of Aggression in Preschool Children.\" Anne- Marie Sandler, Anna Freud Center, London. Senn Conference Room, 2nd Floor, Child Study Center. 2 p.m. Bradley Lecture. \"The Middle East in the Second World War.\" Roger Owen, Oxford University. Part of \"World War Two Reconsidered.\" 114 SSS. 2 p.m. Topics in Global Change. 'Tropospheric Ozone in the Tropics: Measurements From Ship, Aircraft and Satellite.\" Anne M. Thompson Goddard Space Flight Center, Greenbelt, MD. 102KGL. 4 p.m. DeVane Lecture. \"American Dilemmas and Opportunities.\" Paul Kennedy. Part of a series on \"Understanding World Affairs: Regional Issues.\" Levinson Auditorium, SLB. 4 p.m. Information Meeting. \"Applying to Law School.\" 802 UCS. 4 p.m. Lecture. \"Leadership in Public Education.\" Frank Macchiarola, former chancellor, New York City public schools. Part of \"Topics in American Education Lecture Series.\" 405 SSS. 4 p.m. Lecture. \"Greek Influence on the Material Culture of Colchis.\" Gocha Isteskladze, Republic of Georgia. Room 200, Street Hall. 4 Yale Daily News Monday. April 12 TIMES, from Page 1 FOOD, from Page 1 COURT, from Page 1 ENGLISH, from Page 1 [/ . pom: I-< The Yale Club of New York City Robert A. Lindgren May 12, 1993 President Dear 1993 Graduate am pleased to invite you to join the Yale Club of New York City. On Wednesday, May 19, 1993, members of the Club will be at Rose Alumni House, 23 2 York Street, 4:30 to 7, to meet you and to answer any questions you may have. Please join us for beer, wine, punch and hors d'oeuvres. The Club, located across the street from Grand Central Station, has over 8,650 members of whom more than 300 graduated within the past two years. The mid-Manhattan location is an excellent place to meet and greet classmates (by prearrangement or happenstance) for breakfast or lunch or after work. You may already know about our Summer Thursdays outside on the roof \u2014 these evenings have turned into informal reunions for recent graduates. During the winter, there are frequent programs \u2014 speakers from Yale and elsewhere; Yale singing groups; young comedians; mixers; \u2014 many of which are designed particularly for younger members. The Club offers a special package for users of the athletic facilities: $380 a year entitles you to unlimited use of a full range of exercise equipment know of no better value in the City. There are five squash courts. We also have a 50,000-volume circulating library, four restaurants and 150 guest bedrooms which you may use yourself or, more likely, to put up guests. Annual dues are reasonable as is the initiation fee. The requirement of a proposer and seconder is waived for 1993 graduates who submit applications before Labor Day look forward to seeing you next Wednesday. /Sincerely, // Roberta (&/ La-ruigren Presi^nt 50 Vanderbilt Avenue \u2022 New York, N.Y. 10017-3878 Tel (212) 661-2070 Fax (21 2) 983-3324 Students Provide Families With an American Dream By Jennifer Sherinsky ContributingReporter Instead of lying on the beach all spring break, 12 members of the Yale Appalachian Volunteer Group spent a week in Morehead, Ky. building low-income housing. Organized last year by Tina Pihl '93 provides assistance to Frontier Housing Inc., a non-profit organization that uses government funding to build low-income housing for impoverished families gives mortgages to families who normally \"would be laughed at if they walked into a bank member Kelsey Libner '94.said. To be eligible for a frontier home, a family must earn between $5,600 and $15,000 annually chooses people they believe have good character, will work hard to pay their mortgage and will most benefit from better homes. \"The people really appreciated what we were doing. It's not completely a charity because the people pay for the houses, so they don't have to feel like they're taking handouts,\" Matt Dilligan '96 said. Most of the families who participate in the program were previously living in mobile homes, many of which have no plumbing and are infested with rodents. The frontier homes are simple, one-floor stock houses with sheet rock white walls. They have a kitchen, three bedrooms, a bathroom, a living room, and a small deck in the front yard leaves the old house standing until the new home is built and then demolishes the old structure and clears the surrounding area. \"Part of the program is to give the families a nice place to live, not just a new home that's amid clutter. We try to renew the entire area.\" Dilligan said. Libner noted the marked psychological improvement the homes have on participating families visited one family who had just moved into a Frontier home six months before. The woman who lived there had taken and failed to complete her General Equivalency Diploma several times. Her son was having trouble in school as well. Since she moved into the Frontier home, her studying patterns and her attitude had improved significantly, and her son had also \"clicked into the pattern.\" Libner said \"the son was very precocious and all that came to surface once they moved into the new home.\" \"It's important that we provide decent homes for all people in America.\" Pihl emphasized, \"a home strongly effects the way people perceive their world home is the symbol of the American dream.\" Most of the work Yalies did in Kentucky was physical labor such as demolishing existing houses and clearing land. However, some members of also participated in off-shoot projects such as Even Start, an educational program that visits remote locations and helps parents get their and driver's licenses. Volunteers also tutor their children, most of whom live in environments that are not conducive to learning, Libner said. During most of the year works with a small staff of about 10 people, but during the spring, university groups like the Yale contingent volunteer their time during spring break to help with the construction. Yale is the only university involved that has no mandatory service requirement receives aid from Dwight Hall, but no direct financial support from the University since it doesn't benefit the New Haven community. Instead, the group must begin organizing in September to give itself enough time to raise sufficient funds through raffles and T-shirt sales. \"Each person going could have just given $100 and we could have gone, but fund raising instills a work-ethic mentality,\" Pihl explained. Pihl hopes that in the future, the group will organize more than one trip a year, something was unable to do this year because of financial limitations. Fairfield University's Appalachian Volunteer Corp, the group that Yale's is modeled after, sendsfour groups per year Professor Pleads Innocent Southern Connecticut State University professor accused ofsexually assaulting a student pleaded innocent at his arraignment in Superior Court on Tuesday, his attorney said police arrested Assistant Professor Steven Gold last week and charged him with first-degree sexual assault and second-degree kidnapping for an incident the student said occurred in her apartment March 17. Gold had been hospitalized at the Hospital of Saint Raphael, where he received psychiatric care after he resigned from the university last week. He was discharged and turned himself into police several days later. William Dow III, Gold's attorney, said no trial date has been set. \u2014Katia Brener Monihiv. April 12. 1993 Yale Daily News 5 Want tohelpus serve 1,000,000meals tothehungry? ri i Sign here. Now every time you use the Card to buy AnewCD. 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Sargent Alex Berenson Gurbir S. Thind Rebecca Carter Ari J. Zweiman NicholasDesjardtns Se-ok S. Oh Andy Allen Kiara Cox RachelLaffer H.Husnu Okvuran Amy Dudenhoefer Sandra Shih Copy Edit: MargaretLitvin, Benjamin Lumpkin, CarolineNolan, ColinSavage Night Edit: Justin Weyerhauser ComputerGuru: Matthew Q. Warren Weathermeister: Russ Korins ExCom Chair Defends Two Recent Decisions EDITOR: Although the proceedings of the Executive Committee of Yale College are confidential, the chair is \"permitted to issue a public statement following the disposition of any given case, describing the general considerations that led to the committee's decision in the case, or a public statement to correct the public record if inaccurate allegations have been made concerning the committee's procedures, deliberations, or decisions.\" The Executive Committee did recently hear a case that included charges of serious physical assault, sexual assault, intimidation, and coercion. After a careful hearing and consideration of the evidence on both sides, the committee came to the conclusion that there was \"a clear preponderance of evidence\" that these charges were substantiated. In particular, it came to the conclusion that a Yale undergraduate had been raped and otherwise sexually assaulted. The benchmark penalty for cases of serious physical or sexual assault is expulsion; and that penalty was assigned in this case. This is a painful decision for everyone concerned. Those students and faculty who are friends of the accused student find it incredible that he could have committed such an act, and are naturally led to suspect impropriety in Executive Committee's actions. Those students and faculty who are friends of the alleged victim of rape and other sexual assault, equally find it incredible that she could be doing anything other than telling the truth. They are understandably reluctant to speak to new reporters, and they are respecting the confidentiality of Executive Committee's proceedings suspect that that they too would have been equally upset had the Executive Committee come to a different decision. The Executive Committee was faced with a case in which any decision it made would have profound consequences for some of the people involved, and for the Yale community. The committee is composed of men and women students, men and women faculty; and each, in my opinion, is independently minded, careful in deliberation, aware of his or her deep responsibilities, and slow to come to the conclusion that a clear preponderance of evidence has been established. It was an extraordinarily difficult task for each of them, for they knew that any decision they made would cause pain and suffering. In my opinion, the members of the Executive Committee carried out their difficult task carefully and thoughtfully. The lawyer for the accused student has been reported in the Yale Daily News saying that the Executive Committee was a \"kangaroo court\" tha created \"an aura of condescension and hatred.\" In response would like to say, first, that the Executive Committee is not a court of any kind. It is a standing committee of Yale College, and it does not try to imitate the advocacy procedures of the courts. Its procedures have been revised over and over again by the Yale College faculty with extensive input from undergraduates. The procedures thus represent the faculty's best current understanding of how a disciplinary process should occur do not here wish to defend any particular procedure, but do wish to say that the procedures as they stand are the outcome of thousands of hours of work by scores of students and faculty trying to work out a fair process. Second, the accusation that there was \"an aura of condescension and hatred\" is without merit. There was no hatred in the room, at least on the part of any member of the Executive Committee. Even in finding a clear preponderance of evidence substantiating the charge of sexual assault, there was a feeling of profound sorrow for the accused student. It is, of course, a difficult experience to come before the Executive Committee in any case; and in this particular case extraordinarily so. It is necessary for the committee to ask some pointed and challenging questions, and there is no way to make that pleasant. But there was no condescension. The committee did its best to carry out an extremely difficult task, and it did so according to its normal processes and procedures. Were there any serious mistakes in the procedures, there would be no one more concerned than me to discover and correct them. As far as know, there were none. Because the particular case heard involved many charges, there has been some confusion about standard penalties assigned for various infractions of the Undergraduate Regulations. Let me thus say that for cheating the Undergraduate Regulations states that the normal penalty is two terms suspension, though lesser or stricter penalties may be assigned due to extenuating circumstances. There is normally added on an additional penalty of one-term suspension for lying to the Executive Committee, though again that penalty can vary in either direction depending on the extent and severity of the lying. Physical assault, of course, covers a wide spectrum of behavior; but for extremely serious cases of physical or sexual assault the benchmark penalty is expulsion. Finally would like to address a separate case of alleged sexual assault, raised by Ms. Lisa Gonzalez in the Yale Daily News on Friday, April 5. First agree with her completely that neither the master nor the dean of a College should be permitted to be the adviser of a student coming before the Executive Committee when the case involves any conflict between students in the same college would have thought that no master or dean would have been willing to serve in such a case. In fact have already seen Acting President Howard Lamar and Acting Yale College Dean Donald Engelman, to urge such a explicit change in the Undergraduate Regulations. But, secondly, she is, in my opinion, completely wrong to conclude that, in her case, the Executive Committee chose to look the other way. The fact is, the Executive Committee looked very hard, straight at the case, and ultimately came to the conclusion that there was not a \"clear preponderance of evidence.\" This does not mean that members of the Executive Committee did not believe her or sympathize with her. It only means that the committee judged that the standards of evidence were not met. And the standards of evidence are deliberately set high, to protect those who are accused. In fact think this case provides evidence of the extreme caution the Executive Committee exercises before coming to a judgement that charges of sexual assault are substantiated. Third, for what it is worth do not believe that the accused student's lawyer helped his case before the Executive Committee at all. Any student whose case before the Executive Committee also involves a possible infraction of the law is entitled to have a lawyer present, primarily to protect him or her against possible self-incrimination; but the lawyer is not allowed directly to take part in theproceedings. But do think it is worth noting, in relation to the publicity being raised by the lawyer in the previously mentioned case, that the rape victim does not herself have a lawyer to give the Yale Daily News opposing quotes. Jonathan Lear Chair Yale College Executive Committee April 11, 1993 Editorial Policy Essays which appear in large print under the Yale Daily News masthead with no byline represent the opinion of the majority of the members of the Yale Daily News Managing Board of 1994 \u2014 those editors listed on the masthead. Essays and letters which appear on the editorial page with bylines represent the opinions of those authors and not necessarily those of the Yale Daily News Managing Board. The editors reserve theright to edit letters and essays for style and length and to remove factual inaccuracies. Copy may be brought to the Yale Daily News building at 202 York Street or may be mailed to the News at 241 Yale Station, New Haven 06520 and should be addressed to the Editorial Editors. Enquiries may also be made by calling (203) 432-2415 Secrets of the Ad World: Jell and Swine Kevin Landy For a number of years had been laboring under the delusion that Jell brand gelatin is made from the crushed bones of animals. My dad told me this, and my dad is a scientist so he shouldknow. Recently, however have come to realize that my dad's scientific expertise extends not much further than the Lambda virus which infects the E. Coli bacteria that live harmlessly in our stomachs, and a great body of handed- down wisdom suddenly has become suspect. So called the informationnumber printed on boxes of Jell (1-800-431-1001) for a more authoritative answer. The customer service Every year about $ 130 billion is spent on advertising in the United States; that averages out to more than $2,000 per family. representative who answered emphatically denied that the gelatin in Jell comes from bones. \"Contrary to belief,\" she told me, \"gelatin is not made from horns, hooves, or bones.\" Instead, she reassured me, Jell-O's gelatin is made from \"collagen bearing tissues\", which are gathered mainly from hide trimmings scraped from the carcasses of slaughtered animals. Apparently just about any animal will do: cows, pigs, you name it. The thin layer underneath the epidermis is especially rich in collagen, and collagen is the substance that makes Jell what it is. The Jell woman scoffed at the notion of bones and hooves: \"bones and hooves don't have any collagen!\" What was my father thinking? It presents quite ? picture, the idea of Kraft-General Foods' army of collagen- gatherer; hanging around Midwestern slaughter- houses, harvesting the hide trimmings needed to satisfy our nation's enormous appetite for gloopy desserts got to thinking, why don't they make a Jell-0 advertisement about the collagen gatherers? It could show their pride in their work, how careful they are when they trim the hides, because they know that children all across the country will be eating their hide trimmings. Bill Cosby could be joking around with them. I'm only kidding, I'm not really that stupid. Proud workers belong in auto commercials, where American car companies are trying to convince us that buying a Honda is about as unpatriotic as relaying Pearl Harbor's coordinates to Admiral Toshiba. Purity of ingredients belongs in commercials for American beers, whose brewers would like us to believe that Corona contains the urine of slovenly Mexicans. But when your most important ingredient comes from hide trimmings, the three rules of advertising are obfuscate, obfuscate, obfuscate. What about consumer information? Even if Jell doesn't brag about its carcass connection, why isn't the information at least included on the product's nutritional labeling? Probably because listing pig's hide trimmings after sugar in the ingredients would put a slight dent in sales. But wait, the regulates nutritional labeling. Isn't it up to them how gelatin should be described? Well yes, except that ours is a democratic society responsive to its citizens, and Kraft-General Foods is a citizen with a couple of billion dollars in its pockets. Of course, it isn't fair to single out the makers of Jell-O; they're only playing the game that all companies play, the rules of which are: bullshit walks, it talks, and it can make us a lot of money. Every year about $130 billion is spent on advertising in the United States; that averages out to more than $2,000 per family. What is that $130 billion buying? Advertising pays off only if it convinces consumers to spend more for products than they're worth \u2014 to cover the costs of advertising. Economists will tell you that advertising is essential for providing information to the marketplace. In some cases, this is true. When take out a classified ad to sell a used car, at $2 per word can't afford to lull my readers into a peaceful sense of well- being, in which they will ass-ociate my 1974 Plymouth Valiant with all that is right with America. The Sears Catalogue is another excellent example of purely informational advertising: each entry contains straightforward descriptions of the product, its weight, its dimensions, available colors. Wait a minute, the Sears Catalogue just went out of business \u2014 scrap that example. But ask yourself how much of the advertising that we see on really provides information that is helpful to the consumer. Too often the companies are trying to hide information that will be helpful to the consumer. How many television viewers could deduce from the bewildering variety of pharmaceuticals being advertised that there are only three over- the-counter pain relievers approved for sale in the U.S.? Any pain reliever product contains either aspirin, acetaminophen, or ibuprofen. There are generic and store brands containing precisely the same substances, in precisely the same quantities \u2014 they've even gotten the packaging to look pretty darn similar \u2014 selling for half the cost of the brand names. \"Bayer, the Wonder Drug that works Wonders.\" What the hell does that mean? Bayer is aspirin, nothing more or less. It means that Bayer's manufacturers are paying good money to convince you that Bayer is something more than aspirin, in a mystical kind of way. Robert Urich says so. My favorite story from the annals of deceptive marketing involves the new \"ultra\"- concentrated powder detergents (Ajax Ultra, Ultra Tide, etc.) that havereplaced the big bulky boxes on the store shelves. It seems as if the major detergent companies have all simultaneously discovered a technological Listing pig's hide trimmings after sugar in the ingredients would probabaly put a slight dent in sales. break-through allowing them to make a new \"concentrated formula\" in smaller boxes which \"reduce solid waste in the environment.\" The sordid truth is that there was no break-through. For decades, the detergent manufacturers were loading their bulky boxes half full of useless chemical fillers. Faking larger quantities made the product cost more and require more paper packaging which filled our landfills faster, but, on the plus side, had the effect of tricking Mrs. American Housewife into thinking she was getting more for her money. Now we're sup- posed to applaud the detergent makers for deciding to stop tricking us after all these years. Of course couldn'tbegin to list all the fears and insecurities advertising plays on or creates to sell products of questionable utility, all the clever manipulations and distortions that are aimed directly at our irrational subconscious. The point is, none of these marketing manipulations are for our benefit, in any sense. We would get along fine simply knowing which pain reliever products contain which substances, and paying less for those products as a result. Detergent makers could always have listed how many washes their products were good for. And we could survive with the knowledge that Jell is made from hide trimmings: we would just eat less ofit. Kevin Landy, a third-year student at the law school, is a Yale Daily News columnist. His column normally appears on alternateFridays. Doonesbury 6 Yale Daily AVh'.v Monday, April I-. 1993 Yale Daily News Publishing Company Zephyr Teachout Alex Berenson Alexandra Lanae An J. Zweiman 8 Gracc Sarah Piimeo Second class postage paid at New Haven, Conn. The Yale Daily News 695-060) i* published daily except Saturday and Sunday during thecollege year by the Yale Daily New. Publishing Co., Inc. Office* at 202 York St., New Haven 0890-2240 Mail241 Yale Station, NewHaven, Conn. 06520. Telephone: (203) 432-2424. Fax number: (203) 432-7425. Subscription price $40 per year, $50 outside Yale Station, $60 outside New Haven. Postmaster: Send address changes to the Yale Daily News 1993 40 Cents Vol 115,ho. 113 Symbols of Racist Past Belong in Archives EDITOR: In 1874, 173 years after it opened its doors, Yale graduated its first African-American student. Only in the 1960s did Yale advance beyond token The history of Yale is replete with instances ofracial discrimination and insensitivity. integration and begin to recruit among minority communities. As a symbol of white Protestant elite culture, our University reflected its times; the history of Yale is replete with instances of racial discrimination and insensitivity. Although this legacy must not be forgotten, the University should recognize that its history, on prominent display, continually alerts its students to how unwelcome many of them would have been in the not-too-distant past. We are writing to applaud the Sterling Memorial Library staff for responding promptly to a request to remove a stained-glass window displaying a black slave. Hardly visible from outside, the window was nonetheless a persistent blot on Yale's new legacy, a repeated reminder of the lack of respect accorded African- Americans. (More people are seemingly aware of the window than have seen it.) Craftsman Owen Bonawit created the stained glass for Sterling in the 19305, and designed all the windows in the employee lunchroom to center around food. The window in question features a black man in tattered clothes, smiling widely as he eats a watermelon. That the window is surrounded by nursery- rhyme images, such as Old Jack Horner, reflects the post- Reconstruction depiction of the African-American as an unthreatening mascot for whites. The window is now stored in the Manuscripts and Archives department, where any scholar or student may view it. We believe that it teaches many lessons; we are pleased nonetheless that it is not a permanent fixture of the library's exterior. Our hope is that the Yale administration as a whole will indicate a greater Willingness to confront the University's history. In creating a new legacy, it is important that Yale not only remove outdated symbols of the past but actively struggle to include all whom were previously scomed into its central mission. Matt Beredo '94 president Phil Clark '94 Former co-moderator Chris Sclafani '94 Dwight Hall cabinet coordinator March 23,1993 'Humanist' Column Mismeasures Religion EDITOR: This is a response to Annie Paul's column Non-Believer Takes a Final Leap of Faith,\" [YDN, March 27, 1993], Thanks for opening up a discussion ofpersonal faith, which rarely occurs at Yale disagree, however, with your categorization of religion, and I'm confused about what constitutes your faith. First, youclaim that \"religion doesn't work as well as it used to.\" Are we really more skeptical and cynical than all past generations? Limiting the discussion to Western history, there certainly is no visible linear progression indicating a decline in the effectiveness of religion on society. Even at Yale, an institution with unquestionably Christian roots, there were several periods of \"enlightenment\" and \"darkness.\" Can the effectiveness of a religion even be measured? Christianity, for example, is counterculture! by nature: if one accepts its doctrines as truth, then one sees that Christianity claims to be the incarnation of truth in the world, above all other forms and religions. Society as a whole will never accept that claim. So it's unlikely one could ever measure if religion is \"working recent Time magazine cover story documented the baby boomer's return to church; does this indicate religion is either working or not working? Furthermore, does the presence of magnificent cathedrals and religious paintings on ceilings indicate the meaningful role of religion in the lives of people like Michelangelo or his contemporaries? Arguably, churches were constructed and artwork commissioned by wealthy and powerful individuals who wanted to increase and demonstrate their wealth and power. If in fact possible, comparing the effectiveness of religion from one generation to the next takes more than a glance at the ceiling. Second, you use the Catholic church as the manifestation of all religions. Questionable Catholic practices and attempts to \"update\" their religion are, indeed, probably more politics than duty, but they have little to do with faith. What is a central concern to any believing Jew, Muslim or Christian is faith in God, not necessarily adherence to the set of rules which constitute a \"religion.\" Third, you claim to be making a leap of faith don't understand what you are leaping towards, where you came from, and what stands in the gap. Included in your leap is what you call, for lack of a better term, secular humanism. How long are you willing to have faith in the love of humanity when you read about the holocaust or when, perhaps, your boyfriend cheats on you? Is your rejection of \"religion\" a rejection of blind adherence to ritual or of faith in God? MattAiello '93 April 5,1993 Acting Master Defends Assault Case Conduct EDITOR: Lisa Gonzalez [\"Yale Sweeps an Assault Case Under the Rug,\" YDN, April 9, 1993] is surely right to expect the Yale community to be sensitive to issues of sexual coercion. In raising valid general questions about disciplinary process, however, she gives some misleading impressions of her own experience of it. In November. 1992, Ms. Gonzalez alleged to me, as acting master of her college, that she had been taken sexual advantage of by another student in the college. Over the next six weeks, we had many conversations, several initiated by The Executive Committee members were doing their human best to come to the fairest possible conclusion. me, both in person and on the phone (including to her at her home) in order to find the best way out of her very real distress. At the time she was talking to the dean of student affairs, Betty Trachtenberg, with whom was also in touch told Ms. Gonzalez that not one course of action lay open to her, but at least four. 1) She could confront the student directly herself. 2) She could furnish me vviih his name, and could confront hini. 3 could try to mediate ;t conversation between the two of them. 4) She could lake her case to the Executive Committee. She appeared to understand, correctly, that the choice was entirely hers and that would respect it: though advised her that if she pursued option 4, as she eventually elected to, she might be formally contradicted by the other student, as in the event she was. Ms. Gonzalez raises the arguable question whether masters and deans should act as advisers to students charged by the Executive Committee in cases such as hers. As she knows agreed to advise the man she accused, once formally charged, only when urged to by her own adviser, chosen by herself, who invoked the duty of a faculty member to honor, if at all possible, a student's request for advice before the Executive Committee. In any case, my term as master ended shortly after formal proceedings were initiated. The principle seems generally accepted that any student, on either side of a dispute, has the right to his or her first choice of adviser, in the interest of the fairest possible hearing. Naturally am not in a position to adjudicate among conflicting versions of the relevant events. But my impression of,the Executive Committee's very lengthy hearing is that all its members, both faculty and students, were taking their responsibilities extremely seriously, and doing their human best to come to the fairest possible conclusion. Murray Biggs Associateprofessor English and Theater Studies April 10,1993 Ham by Harold Thiessen By Calvin and Hobbes by Bill Watterson Monday. April 12. IW3 Yule Daily News 7 Free your mind. Unload your thoughts on the Yale Daily News. Talk to Mike or Emily at 202 York Street or 432-2426 HW-52 $1000 $1000 CALLS! No obligation. No cost. And a in you qualify. Call 1-800-932-0528,EXT. 65 HW-67 - Make money teaching basic conversational English abroad. Japan and Taiwan. Many provide room & board + other benefits! Make $2,000-$4,000+ per month. No previous training or teaching certificate required. For employment program call: (206) 632- 1146 ext. J5090. HW-71 this summer. Save the planet instead is seeking dedicated, energeticpeople to work for peace and protect the environment. Great job for students, one block from Yale! FT/PT/summer. Call 785-0198. HW-72 - fisheries. Earn $600+/week in canneries or $4,000+/month on fishing boats. Free transportation! Rqom & Board! Male or Female. For employment program call 1-206-545-4155 ext. A5090. SV-22 $169 TIMES.) CALIFORNIA-$129 WAY. AIRHITCH\u00ae 212-864-2000. SV-27 Medical equipment/bought- sold. New or refurbished microscopes machines, sterilizers, all types of diagnostic equipment available. Call:Vinaro Medical (516) 379-7907. Fax #516-379-2121. SV-28 Girls 011-351-993-5971 Girls 75 cents/min Avg. off peak. HS-19 EXCHANGE, a service for students needing apartments nationwide. Call 1-800-877-3007. HS-21 Need to sublet apt from June 1 - Sept 7 responsible, excellent references, call 877-2110. Progenies Pharmaceuticals, Inc PHARMACEUTICALS, INC. is a growing biopharmaceutical company specializing in the design and discovery of therapeutics and vaccines to treat infection. The research facilities are situated on a suburban campus 20 miles north of New York City. We are recruiting highly motivated individuals with 8.5., M.S., or Ph.D. degrees for laboratory positions as research scientists and postdoctoral fellows. Working with infectious is not required. Applicants must have research experience in molecular biology, protein chemistry, or cell biology. Competitive salaries and benefits are offered. Candidates should send a curriculum vitae to: Director, Human Resources PHARMACEUTICALS, INC. P.O. Box 549 Tarrytown 10591 Daily Crossword by George Urquhart [ii [3 [4 [5 [7 [a [9 IHio [7i R2 Pia 1 Hilo hello 6 Be full of 14 10 October blrthstone 17 18 14 \"Peanuts\" \u2014 \u25a0- character 23 15 La Douce !\u25a0\u25a0\u25a0 16 Flower holder 17 Radio sign-off 26 27.28 \u25a0\u25a029 30 31 32 19 Divisible by two 20 Always, to poets 33 BW3 * \u25a0\u25a03S - -21 Social functions 22 Minatory act 36 37 24 Russian city tt '25 Courage 39 \u25a0 26 \u2014off 42 43 (prevented) 29 Stocking type Utt 9H 33 Martinique volcano 47 48 49 Hii 52 53 34 Eve's grandson 35 Actress Raines 4 55 56 57 36 On- with 55 Hii Heo (equal to) 37 Bridge feats 6 1 38 Time period \| Mi [Jj 39 Vaccines Tribune Media Services. Inc. fl/l/17 40 Permanent\u2014 All Rights Reserved , \u201e . , 41 Clementine's Yesterdays Puzzle Solved: father was one 5 \"...poem 11 1 \u25a0 \u25a0\u2014 \u2014 \"7 42 Tissue layer lovely\u2014\" \u2014 \u2014 .5. JIJMrA5 P_ 44 Sickness 6 Of ocean 0. J3 JLBf.il 45\"\u2014Lang Syne\" currents sIBt 46 \u2014for 7 Cupid 'eBA sMp Adano\" 8 Flightless bird HHEjT 47 Sea bird 9 Bed part THbT 0 uHrI 50 Italy's shape 10Tooold 0 0 NTbTuTd g\" fBITTn \u2122q 51 Timetable abbr. 11 Lay concrete oMb rT 54 Smell 12 Cruising 7 m n flinn m7T 55 Obese 13 Pre-Easter \u00a3\u00a3 s JiA 58 Clown's period BlijilllilllE kin 18 Lack XMpLjEE J_ .L. 59 Cable 23 Hasten JLpEI J.i _L .5. 60 Icy rain 24 In a precarious J_MJL 1L J. 61 Strip position J) jJ_IfHT \u00a3 A, 15JO' _L_ X5. 62 Hourglass 25 Pithy sayinq nW contents 26 Muscular 63 Hirsch of contraction 04/12/93 football 27 Indian abode 28 Warning signal 41 Cat or falcon 50 Swiss city 29 Rogue 43 Regret 51 Hungarian city 1 Cosmetic 30 Actress Massey 44 Kitten sound 52 Huxtable son ingredient 31 Pasted 46 Uninterested 53 Lawyer: abbr. 2 Exist 32 Belafonte 47 Fanfare 56 By way of 3 Humdinger 34 Antelope 48 Ms Adams 57 Under the 4 \"Ben\u2014\" 37 Migratory birds 49 Heavy book weather Hardball Steamrolls Columbia, Penn for Four Wins By Theo Epstein Staff Reporter It took a dramatic comeback and a six- run inning, but when Yale's fourth victory of the weekend was officially over, head coach John Stuper could finally reveal one of his club's loftierwishes \"It has been a goal for this team, and originally didn't want this is print, to go undefeated in all 20 of our Ivy League games,\" he said. The Bulldogs took a step toward that goal this weekend by sweeping a pair of doubleheaders at Yale Field. The two easy wins over Columbia, 6-0 and 8-0, and the nailbiting pair over Pennsylvania, 5-2 and 6- 5, bring the Elis' impressive record to 15-3 overall and 6-0 Ivy. Having already cruised through Columbia Friday afternoon and taken the first game from Penn on Saturday, the Bulldogs suddenly found themselves in trouble and their seven-game win streak in serious jeopardy. Dan Galles, a Quaker right-hander wiyi a 2-2 record and a knuckle-curveball that dropped two feet, was dominating the nightcap. Penn opened up a 5-0 bulge on the strength oftwo unearned runs in the first and a three-run fifth in which the team knocked out Yale starter Adam Doherty '96 despite not hitting the ball with much authority. With Galles confounding the powerful Bulldog lineup and the Elis down to their last six outs, the lead looked very safe. But then Yale stepped to the plate in the sixth and put together the inning of the year. Kyle Hoshide '93 doubled to start the on- slaught and after a Tom Hutchison '94 walk, a Manny Patel '94 double and another walk to Scott Eidle '93, the lead was cut to 5-1 and the bases were loaded withno outs. Junior Blair Hodson (6-11, 6 RBIs for weekend) was next and he brought home two runs with a hard-hit double that nearly decapitated the first baseman. One out later, with the tying runs still in scoring position, Dave Feuerstein '95 delivered an single and Danyl Simchak '93 a clutch sacrifice fly to tie the score at 5-5. The Bulldogs, punchless against Galles until the sixth, had suddenly strung together five runs and were not done. \"It was a combination of [Galles] tiring and our hitters seeing him two or three times,\" third baseman Gary Butterworth '94 said. \"Once Hoshide got a double to leadoff, our bats became really confident.\" With two out and Feuerstein running from first, Butterworth went with an outside fastball and ripped a triple down the right field line. Feuerstein scored easily and what once seemed impossible was now real: Yale 6, Penn 5. \"This team absolutely refused to die today,\" Stuper said could not be prouder of the players. It's just a great, great win.\" While substantially less dramatic than Saturday's comeback, Yale's other three wins on the weekend were equally as impressive and quite a bit more efficient. On Friday, the Blue accomplished a rare goose-egg doubleheader, outscoring Colum- bia by a combined 14-0. In the first game, freshman left-hander Jason Bohanon (3-0) and closer Rusty Peltz '94 stranded eight Lions in posting the shutout. The Elis used 10 hits and eight stolen bases in their six-run attack, highlighted by a four-run fifth inning. The second game was over quickly. The Bulldogs scored four runs in both the first and second innings to jump out to the eventual final score of 8-0. Freshman right fielder Dan Thompson (2-3, 4 RBI) hit the big blow, a 390-foot blast over the fence in right for his third home run of the year. Bill Asermely '93 (2 doubles, 2 RBIs, 2 runs) also had a big game at the plate and starting pitcher Keith Pelatowski '94 worked five strong innings for his third win. The Blue led Saturday's opener against Penn 5-1 heading into the seventh but endured some tense moments in the final inning. After a 15-minute rain delay, the Quakers rallied with two hits and a walk to cut the score to 5-2. When slugger Glenn Miller strode to the plate with two on and two out, he represented the tying run. Sophomore left-hander Dan Lock (4-1) got Miller to pop-up a 1-1 curveball and earned a complete gamevictory. Yale faces Cornell Tuesday in Ithaca, N.Y. for another Ivy League twinbill and a chance to climb two games closer to its goal Rusty Peltz '94 hurls a pitch against Columbia on Friday. The junior reliever contributed to a 6-0 Yale victory in the first game of the afternoon twinbill. Softball Runs Win Streak to 11 Games Surface Pitches Bulldogs to Wins Over Penn, Princeton in Ivy League Action By Brian Mendonca ContributingReporter Coming away from a weekend of crucial Ivy League games with three big wins, the Softball team extended its unbeaten streak to 11 consecutive games. The Bulldogs (18-4) beat Penn 5-0 and 9-5, and squeaked past Princeton, 1-0, solidifying their hold on first place in the Ancient Eight During the weekend, the team was once again led by the pitching of super rookie Jen Surface '96, who has begun to rewrite Yale's record books. Surface has already broken the season records for strikeouts and wins. Also, with her 56 Ks, Surface is rapidly approaching the Yale career strikeouts lead, which stands at 83. In the first game against Penn, Surface allowed only one hit in a complete-game shutout of the Quakers. On the offensive side, the team was led by Jen Fong '93, who went 3 for 4 with two runs scored. In the second game, Toni Fortunato '96 pitched 4 1/3 strong innings before being relieved by Surface, who held Penn scoreless for the rest of the game. While Yale's offense batted well, it stranded 13 runners on base. These missed opportunities almost cost the team a victory, as the teams went into extra innings, knotted at five runs apiece. In the extra frame, Sandy Matsumoto '96 put the game away with a two-out, two-run single that extended Yale's lead to 9-5. All of the Blue's runs in the eighth inning were unearned. The two losses dropped Penn to 6-17 on the season. From Pennsylvania, the team travelled to New Jersey, where it met up with perennial Ivy League power Princeton. In the first game, Surface shut down the Tigers, throwing her third consecutive complete-game shutout. With the shutout, Surface has now gone 27 consecutive innings without allowing a run and 51 straight without giving up an earned run. \"Jennifer has been oustanding,\" captain Becky Huinker '93 said. \"She's been pitching hurt since the Vermont game,\" in which she injured her knee. Yale's bats were once again hot in the Princeton game, but the Bulldogs were plagued by runners left on base, stranding 11. However, Yale did manage to push over a run as Huinker drove in Fong with a single. Fong had advanced from first to third on a Kelli Bartlett '96 double. The second game of the doubleheader was rained out. This was a lucky break for the Bulldogs, as they had fallen behind the Tigers, 3-0. With the three Ivy wins from this weekend, Yale now controls its Ivy League title destiny. If the Bulldogs sweep their doubleheader against Harvard on April 24, they will win the Ivy League championship outright and will not have to play Princeton (18-8) again. Losses in that doubleheader will force Yale to play at Princeton for the championship. Throughout the season, however, Yale has been looking towards more than an Ivy title. Compiling a strong record against its remaining foes will give Yale a legitimate chance to go to a national post-season tournament Kelli Bartlett '96, seen in action earlier this season, hit a clutch double against Princeton that led to Yale's game-winning run. UMass' Millon Too Much for Men's Lax No. 15 Massachusetts Comes Back From 12-5Deficit to Defeat Bulldogs, 14-13 By Margaret Mooney StaffReporter An amazing third-quarter offensive burst was not enough for the men's lacrosse team on Saturday, as a 12-5 lead disappeared into a 14-13 last- second loss to the No. 15 University ofMassachusetts After taking a 5-4 lead at halftime, the Bulldogs exploded for seven goals in the first 11 minutes of the third quarter. Captain Chris Disimile '93 began the Eli barrage by winning two faceoffs and feeding attackman Simon Duxbury '94 and middie Nick Deans '95 for consecutive scores in the first 23 seconds. In what was arguably their best quarter of the season, the Bulldogs dominated both sides of the ball, controlled the transition game, and were unstoppable on offense. \"We went on a run. That's the way you win games,\" Disimile said. \"Maybe it just wasn't meant to be.\" Tony Rousou '95, Rocky Mould '93, Bob Berls '96, Todd Kelleher '96, and Scott Schoeb '93 all notched goals in the third quarter for the Bulldogs. Kelleher, a rookie long-stick middie, exploited the stunned Minutemen defense with a blazing charge downfield from deep in Yale's defensive zone for his first goal of the season. The Minutemen interrupted the seven-goal rout with one goal early in the third period, then began to slowly chip away at the seemingly insurmountable 12-5 Bulldog lead. Rattled UMass goalie Rich Correnti was replaced by Tom LoPresti after the 11th Eli goal, and he and first-team All-American Mark Millon combined to complete a tremendous comeback for the Minutemen. While Correnti made five saves and allowed 11 goals, LoPresti stopped six Bulldog shots, only allowing two goals in the final 22 minutes of the game. Millon exploded for five fourth-quarter goals to almost single-handedly dismantle the Bulldog defense. In one of the most remarkable individual offensive displays in recent memory, Millon stunned the Eli defense with seven goals and three assists on the day. \"They're always looking to give him the ball,\" middie Gari Singh \"It was like a bad dream.\" \u2014Rich Dressier '94 '94 said. \"We weren't tight enough on him on the inside.\" Faceoffs set the tone for the final quarter, this time in the Minutemen's favor. UMass won 20 of 29 faceoffs on the afternoon, taking numerous scoring opportunities away from the Elis in the final quarter. Millon converted on one of only two UMass extra-man advantages in the first minute* of the fourth quarter, then assisted a goal two minutes later to cut the lead to 12- 9. The game was spinning out of control for the Elis, and after three successive Minutemen goals, the score was tied at 12 with three and a half minutes remaining. The Bulldogs finally broke their 15-minute scoreless span with what appeared to be the game-winning goal by Disimile with 37 seconds left in the contest. But Millon, well on his way to a second consecutive All-America season, responded with a put-back goal off Dressler's stick, tying the score. \"It was like a bad dream,\" Dressier said. \"We hit the snooze button and didn't wake up. He [Millon] was the fastest guy I've seen play us.\" After regaining possession off an Eli turnover play stopped and UMass gave Millon the ball at midfield. Millon was picked up by Dan DeTolla '94, who played the entire game after missing five games with a fractured foot. Millon blew by DeTolla on the ensuing play, and with a 45-degree angle off-hip shot, scored the game- winning goal with four seconds on the clock. UMass won the final faceoff to clinch the victory. Final score: UMassl4, Yale 13 was in shock thought it was over,\" Disimile said. \"Everyone played their hearts out, and nobody has anything to be embarassed about.\" Yale has now lost its four games by a total of eight goals, including Saturday's game, a one-goal loss to Vermont, a two-goal loss to Brown, and a four-goal loss to No. 2 Princeton. Turnovers, the lack of a dominant faceoff player and mental lapses on offense and defense have been the deciding factors. The loss dropped the No. 16 Elis to 4-4 while UMass improved to 4-2. The Bulldogs must win every remaining game if they hope to have a slim chance erf qualifying for the playoffs.' Stat Pack Friday Baseball Yale 6, Columbia0 Yale 8, Columbia 0 Yale 5. Penn 0 Yale 9. Penn 5 Heavyweight Crew Yale d. Cornell, Dartmouth Saturday Baseball Yale 5. Penn 2 Yale 6, Penn 5 Second Game Penn 200 030 0 \u2014 5 Yale 000 006 X\u2014 6 - Hodson - Yale 1 - Penn 9, Yale 3. 2B - Hoshide, Hodson, Patel. 3B - Butterworth - Feuerstein 3 - Hodson - Simchak. Men's Lacrosse UMass 14,Yale 13 Scoring: Yale, Simon Duxbury 2-2-4, Rocky Mould, 2-0-2, Chris Disimile 2- 1-3, Bob Berls 2-0-2, Tony Rousou 1- 1-2, Nick Deans 1-1-2, Scott Schoeb 1-0-1, Gari Singh 1-0-1, Todd Kelleher 1-0-1. UMass: Millon 7-3-10, Depp 2-1-3, Kline 0-2-2. Edell 1-2-3, Cavalerio 1-0-1, Byms 1-0-1, Ward 1- 0-1, Hoffman 1-0-1. Nentwich 0-1-1. Shots on Goal: Yale 29, -UMass 40, Faceoffs: Yale 9-29, UMass 20-29. EMG/O: Yale 0-2. UMass 1-2. Saves: Yale, Dressier 12. UMass, Correnti 5, LoPresti 6. Penalties (Minutes): Yale 2 (2:00), UMass 2 (1:30). Men's Tennis Yale 5, Come\u00df>2 Lightweight Crew Yale d. Columbia, Penn Men's Golf Yale places 11th at Yale Invitational Women's Tennis Yale 9, Cornell 0 Women'sLacrosse Cornell 12, Yale 11 (30T) Softball Yale 1,Princeton 0 Game 2 - rainout Men's Track and Field Yale d. Penn Princeton d. Yale Women's Track and Field Princeton, Penn d. Yale HeavyweightCrew Yale d. Syracuse Women's Crew Yale d. Dartmouth d. Yale 8 Yale Daily Xcm Monday. April 12. 1993 Yale ab r h bi Hutchison 2 10 0 Patel 3 111 Eidle 2 110 Hodson 3 12 2 Asermely 3 0 10 Feuerstein 2 111 Simchak 2 Oil Butterworth 3 Oil Hoshide 3 110 Totals 23 6 9 6 Pitching Doherty 4 1/3 115 3 12 Peltz 2/3 10 0 10 Feldbauer 2 10 0 11 WP- Feldbauer (1-0) UMass (4-2) 3 1 3 7 \u2014 14 Yale (4-4)' 3 2 7 1 \u2014 13"}
7,207	John Knight	Alabama State University	[ "7207_101.pdf", "7207_102.pdf", "7207_103.pdf", "7207_104.pdf", "7207_105.pdf", "7207_106.pdf", "7207_107.pdf", "7207_108.pdf" ]	{"7207_101.pdf": "MISS: GoEat Dining Guide FEATURED: Spotted Hornet Chat S. Union St. DealChicken Find what you are looking for The Wayback Machine - News Sports Communities MyLife Opinion Business Obituaries Media Help 12:32 AM, Feb. 18, 2012 federal jury returned a verdict totaling more than $1 million Friday evening against Alabama State University. The jury found that the school had allowed an administrator to create a hostile work environment by racially and sexually harassing three female employees and that the women were retaliated against after they filed complaints. \"Justice is served,\" said Cynthia Williams as she walked out of the courthouse about 6 p.m. Friday, alongside the two other plaintiffs, Jacqueline Weatherly and Lydia Burkhalter, who echoed the sentiment. The jury of four men and four women returned a verdict that includes compensation for emotional pain and mental anguish; back pay for Williams and Burkhalter, who were fired; and lost leave time for Weatherly. Kenneth Thomas, lead attorney for in the case, said the defense team was disappointed but must accept the jury's decision. \"(We are) just taking the jury verdict, reviewing and analyzing the university's options and (will be) discussing with appropriate university officials the next step to protect the university's interests,\" Thomas said without elaborating on what steps might take. In a statement released Friday night, university spokesman Kenneth Mullinax indicated that will consider appealing the verdict. The jury found that Lavonette Bartley, an employee for about 27 years, created a racially hostile environment for all three women. She was accused of regularly using the N-word, calling one of the plaintiffs a \"white bitch\" and a number of other specific allegations. 'Justice is served': Jury returns more than $1M sexual harassment verdict against Alabama State University Comments Written by Scott Johnson News Local News Gambling corruption trial: Prosecutor plays 'aborigine' tape $750K bond set in slaying: Josh Caspari accused in shooting death of Elmore County woman Anna Cardwell Live video of Whitney Houston memorial 1. $750K bond set in slaying: Josh Caspari accused in shooting death of Elmore County woman Anna Cardwell 2. Obituaries for 02/17/2012 3. 'Justice is served': Jury returns more than $1M sexual harassment verdict against Alabama State University 4. Two men arrested in Holtville woman's death 5. Gambling corruption trial: Prosecutor plays 'aborigine' tape Lee-Scott boys defeat Prattville Lee-Scott girls win over Wilcox graduation 2/22/25, 6:08 'Justice is served': Jury returns more than $1M sexual harassment verdict against Alabama State University \| The Montgomery Adv\u2026 1/4 The jury also ruled in favor of Burkhalter's claim of sexual harassment. The plaintiffs, and Bartley, are black women with the exception of Burkhalter, who is described in court documents as biracial. Bartley was accused of making inappropriate comments about the then-24-year-old Burkhalter's body and clothes, suggesting Burkhalter strip to show how many tattoos she had and inappropriately brushing her body against Burkhalter in a narrow filing room. Bartley is the associate executive director in the office of Executive Vice President and Chief Operating Officer John Knight. She works in Knight's office in Suite 119 of Council Hall on the campus, where all three plaintiffs also have worked. The lawsuit also accused Knight of making romantic advances toward Burkhalter, although the verdict itself did not make it clear whether the jury's decision on sexual harassment included one or the other of those claims or both. The statement released Friday night reads, in part: \"Alabama State University maintains an equal opportunity environment committed to our founding principles of excellence and equality in higher education and has strong policies and procedures in place to prohibit discrimination and harassment of any individual. We will continue to ensure that all of our employees are guaranteed equal protection, not only to the letter of the law, but also to our higher expectations.\" The trial lasted eight days and included testimony from some well- known elected officials, including Knight, a longtime state legislator. Also taking the stand were three members of the board of trustees: Elton Dean, who is also chairman of the Montgomery County Commission; Marvin Wiggins, a Dallas County Circuit Court judge; and Herbert Young. The trustees all denied under oath that the plaintiffs had spoken to them about wanting transfers and about their issues with Bartley. The plaintiffs testified under oath that they had spoken with the trustees. Knight's testimony included denials of claims against him and that he had never heard Bartley use the N-word or other derogatory terms while on the campus. The jury of four men and four women awarded Weatherly $350,000; Burkhalter $230,000; and Williams $213,500 for emotional pain and mental anguish. Jurors also awarded Williams $141,573.76 and Burkhalter $94,592.51 in back pay and Weatherly $9,453.06 in lost leave time Two men arrested in Holtville woman's death 20 Prosecutor plays \u2018aborigine,\u2019 other race- tinged tapes 4 Jury returns $1 million verdict against in harassment suit 3 'Justice is served': Jury returns more than $1M sexual harassment verdict against Alabama State University 2 Ala votes against payroll tax cut 2 2/22/25, 6:08 'Justice is served': Jury returns more than $1M sexual harassment verdict against Alabama State University \| The Montgomery Adv\u2026 2/4 The jury deliberated for about 12 hours on the verdict, which included a number of specific charges. Toward the end of deliberations, jurors requested a calculator. View Comments \| Share your thoughts Flip, shop and save on specials from your favorite retailers in Montgomery, Alabama 1. $750K bond set in slaying: Josh Caspari accused in shooting death of Elmore County woman Anna Cardwell 2. Obituaries for 02/17/2012 3. Two men arrested in Holtville woman's death 4. 'Justice is served': Jury returns more than $1M sexual harassment verdict against Alabama State University 5. Gambling corruption trial: Prosecutor plays 'aborigine' tape 6. Jury returns $1 million verdict against in harassment suit 7 boys New facebook changes 2 replies \| Posted by buttons_r in Please send your feedback here Site Map \| Back to Top Alabama Local News Nation & World Biscuits Outdoors Alabama East Montgomery Prattville Millbrook Celebrate Go Play Listings Customer Service Subscribe Manage your account Twitter Facebook Mobile 2/22/25, 6:08 'Justice is served': Jury returns more than $1M sexual harassment verdict against Alabama State University \| The Montgomery Adv\u2026 3/4 Weather Maxwell Gunter Dispatch Prattville Progress Archives Newspapers in Education Advertiser Media Group Data Central Auburn Varsity Roundup Alabama State Troy University Motor Sports Submit an Obituary Wetumpka Columnists Blogs Letters to the Editor Forums Recent Editorials Submit Your Letter Recent guest columns Games Birthdays GoEat: River Region Restaurant Guide Staff Photos Video User-Submitted Photos Submit Your Photos Place a classified View classifieds Got a news tip? Newsroom Contacts About the Site E-mail Alerts Text Alerts News \| Jobs \| Cars for Sale \| Homes for Sale \| Apartments for Rent \| Real Estate \| Shopping Copyright \u00a9 2012 All rights reserved. Users of this site agree to the Terms of Service, Privacy Notice/Your California Privacy Rights, and Ad Choices 2/22/25, 6:08 'Justice is served': Jury returns more than $1M sexual harassment verdict against Alabama State University \| The Montgomery Adv\u2026 4/4", "7207_102.pdf": "Appeals court blasts Ala. university in harassment ruling Josh Moon The Mongtomery (Ala.) Advertiser Published 11:54 a.m Sept. 4, 2013 Updated 11:56 a.m Sept. 4, 2013 Key Points 3 women accused university of creating a hostile work environment 2 administrators made numerous inappropriate racial comments%2C sexual comments and touching University refused to answer whether the officials had ever been disciplined in the case MONTGOMERY, Ala. \u2014 Alabama State University lost its appeal of a sexual harassment ruling in which three former employees were awarded more than $1 million. The 11th U.S. Circuit Court of Appeals on Tuesday issued a 23-page ruling upholding a Montgomery district court's ruling granting Jacqueline Weatherly, Cynthia Williams and Lydia Burkhalter back pay and lost wages. The three-judge panel of the 11th Circuit also slammed the university for creating and condoning a hostile work environment. \"The facts of this case should greatly concern every taxpaying citizen of the state of Alabama, especially because it involves a public university largely funded by tax dollars paid by the people of Alabama,\" according to the court's ruling. \"We are left to wonder who is in charge at ASU,\" the federal judges wrote. \"Regardless, however, we are unnerved by the apparent acquiescence to, if not outright condoning of, the abusive work environment created by its high-level employees.\" Late Tuesday interim President William Harris issued a statement saying university officials maintain their innocence in this matter but will not be pursuing additional appeals Alabama Add Topic 2/22/25, 6:09 Appeals court blasts Ala. university in harassment ruling 1/3 or hearings could petition the court for a rehearing or appeal to the U.S. Supreme Court. \"While (ASU) has great respect for this court, we vehemently disagree with today's court ruling,\" Harris said. \"We believe we raised legitimate concerns about the trial court's initial finding of fault. We continue to deny the discrimination as alleged by the plaintiffs in this case. However, the court has spoken.\" The court was highly critical of the university's lawyers for failing to meet appeals deadlines and offering arguments that the court had no standing to rule on. The case began when Weatherly, Williams and Burkhalter filed lawsuits claiming that two administrators \u2014 Chief Executive John Knight and Associate Executive Director LaVonette Bartley \u2014 made numerous inappropriate comments and created a hostile work environment. Knight is also a longtime Democratic state representative. Among many examples the court cited in its opinion, Weatherly said Bartley, who is black, routinely used the N-word and that a report to ASU's human resources about her often abusive and inappropriate behavior never resulted in action. Burkhalter said Bartley used the racial epithet in referring to her 7-year-old son, causing the boy to hide under a desk, and that Knight made repeated sexual advances, asking her once to think of the \"wildest thing\" she could do for her birthday and on one occasion asked her to dance for him. Burkhalter also claimed that Bartley inappropriately touched her on numerous occasions. Williams said Bartley also called her the same epithet said Knight threatened employees in the office to prevent them from participating in an Equal Employment Opportunity Commission investigation into complaints against Bartley. The Montgomery Advertiser asked the university if either Knight or Bartley had been disciplined for their roles in this case. The university declined to answer district court jury ruled in May 2012, granting Williams $392,648.23, Burkhalter $376,509.65 and Weatherly $309,453.06. Those figures have been earning interest since being awarded. Additionally, Alabama State will be forced to pay the plaintiffs' legal fees and court costs such as filing fees, but an exact amount has yet to be determined. The original trial lawyers have 2/22/25, 6:09 Appeals court blasts Ala. university in harassment ruling 2/3 asked the court to award more than $1.2 million in fees. \"We're very hopeful that we can get my clients paid and these ladies can go on about their lives,\" said lawyer Mark Montiel, who represented Williams and Weatherly during the appeals portion of the case. \"They've been through quite a bit already.\" Key facts in the case \u2022 Three plaintiffs accused Alabama State University officials of creating a hostile work environment in which racial slurs and inappropriate comments were the norm district court jury awarded the plaintiffs more than $1 million in May 2012 for back pay and lost wages. \u2022 The 11th U.S. Circuit Court of Appeals said in its opinion that taxpayers should be troubled by the case. \u2022 When lawyers' fees, court costs and interest are added, the total could cost the university more than $3 million. 2/22/25, 6:09 Appeals court blasts Ala. university in harassment ruling 3/3", "7207_103.pdf": "At candidate forum, Rep. John Knight faces questions about sexual harassment case Published 10:33 p.m Nov. 28, 2017 Updated 2:05 p.m Nov. 29, 2017 Rep. John Knight faced renewed questions at a Montgomery County Democratic Commission event about his involvement in a sexual harassment case at Alabama State University as the race for the Alabama Senate's District 26 heats up. Shelia Smoot, moderator at the event, said that seven people submitted a question to Knight regarding his involvement in the case. He flatly denied guilt in the situation. \"That\u2019s the biggest lie that has ever been told,\" he said during the forum have not been found guilty of sexual harassment, period.\" The questions concerned a 2010 civil case against in which three women were awarded more than $1 million after they said Knight and another employee, LaVonette Bartley, created a hostile work environment that included several instances of racial discrimination and sexual harassment. After years in court, a 2013 United States Appeals Court ruling backed up the lower court's decision. In an interview with the Montgomery Advertiser after the event, Knight said, \"To say that have been found guilty of sexual harassment is just an outright lie. The people putting it out know that it is untrue. That lawsuit was against Alabama State University and not John Knight.\" Knight is correct that the suit was against ASU, but court documents show that his and Bartley's conduct were the central part of the women's case. More: Barkley: State should say \u2018no\u2019 to Roy Moore Brian Edwards Montgomery Advertiser 2/22/25, 6:09 At candidate forum, Rep. John Knight faces questions about sexual harassment case 1/3 Bartley repeatedly used racial and sexual language in the office, according to court documents, and Knight, as her supervisor, knowingly let the conduct continue. Knight instructed Lydia Burkhalter, one of the women that sued ASU, that she \u201cwas not allowed to document anything that happened to [her] in his office; that if anything was going on, [she] was to notify him verbally and only him,\u201d court documents show. Documents also claim that Knight called Burkhalter \"after work and asked what the 'wildest thing' she could do for her birthday would be and told her to think of a 'special thing' she wanted for her birthday and tell him.\" Knight shrugged off the case and continued his work in the Legislature, but the women involved in the case have renewed their push against him during his run for the Senate seat that opened up after Quinton Ross stepped aside to become president of ASU. Recently, two of the women wrote to state Democratic Party officials asking them to remove Knight from the ballot. In an emailed statement to Nancy Worley, chairperson of the Alabama Democratic Party, Cynthia Williams, another woman awarded damages in the case, said, \"As a lifelong Democrat have worked and campaigned to perpetuate the goals, ideas, morals and candidates of the Alabama Democratic Party. It is my sincere hope that the Alabama Democratic party will now exercise responsibility and purge itself and the ballot of candidates proven to be morally substandard and a liability to Alabamians, Democrats and our brand \u2014 namely, John F. Knight.\" Jacqueline Weatherly, the lead plaintiff in the case, said in an emailed statement to Worley that the women were vindicated by the court, but it has not \"eliminate[d] the pain and suffering that along with my coworkers had to endure at the hands of John Knight.\" This isn't the first time that the women have rallied against Knight since the 2013 decision. In May, Weatherly wrote to Gov. Kay Ivey asking her to remove Knight from speaking at ASU's spring commencement, calling it \"a slap in the face towards women in general.\" More: Sen. Richard Shelby votes absentee, but says not for nominee Roy Moore At that time, Knight said the move was politically motivated and news of who was behind the information would eventually come out. 2/22/25, 6:09 At candidate forum, Rep. John Knight faces questions about sexual harassment case 2/3 University counsel Kenneth Thomas said previously to the Advertiser that Knight was never found guilty of any actions in his individual or official capacity. \u201cThere was nothing submitted to the jury that related to John Knight as it related to any of their claims,\u201d Thomas said. When speaking to the Advertiser after the event, Knight again hinted that the incitement of past events was politically motivated, saying that he wasn't upset about the case being brought up just don't like the low blow, but that's part of politics,\" Knight said. 2/22/25, 6:09 At candidate forum, Rep. John Knight faces questions about sexual harassment case 3/3", "7207_104.pdf": "Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) U.S. District Court for the Northern District of Alabama - 900 F. Supp. 272 (N.D. Ala. 1995) September 25, 1995 900 F. Supp. 272 (1995) John F. KNIGHT, Jr., Alease Sims, et al., Plaintiffs, v. The ALABAMA, et al., Defendants of America, Plaintiff, v. The ALABAMA, et al., Defendants. Civ. A. No 83-M-1676. United States District Court, N.D. Alabama, Southern Division. August 1, 1995. Order Granting in Part Motions to Alter or Amend Decree September 25, 1995. 273 274 275 276 277 James U. Blacksher, Leslie M. Proll, Demetrius Newton, Birmingham, AL, Wendy Brown-Scott, Tulane Law School, New Orleans, LA, Naomi Truman, Birmingham, AL, for Petitioners John F. Knight, et al. Solomon S. Seay, Jr., Montgomery, AL, Fred Gray, Tuskegee, AL, Armand Derfner, Charleston, SC, Terry G. Davis, Montgomery, AL, for Alabama State University. 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 1/195 C. Glenn Powell, Norma Lemley, Office of Counsel, University of Alabama System, Tuscaloosa, AL, for University of Alabama. Jeffery A. Foshee, Jeffery A. Foshee & Associates, Montgomery, AL, for Alabama State Board of Education, Athens State College, Calhoun State Community College, Chancellor Fred Gainous. Richard N. Meadows, General Counsel, State Department of Education, Montgomery, AL, for State Superintendent of Education, State Board of Education, K-12 Capacity. Joe R. Whatley, Jr., W. Braxton Schell, Jr., Peter H. Burke, Cooper, Mitch, Crawford, Kuykendall & Whatley, Birmingham, AL, John Falkenberry, Birmingham, AL, for Alabama University. 278 Carl Johnson, Bishop, Colvin, Johnson & Kent, Birmingham, AL, for University of Montevallo. Maxey J. Roberts, University Attorney, University of South Alabama, Mobile, AL, for University of South Alabama. Ernest N. Blasingame, Jr., Florence, AL, for University of North Alabama. R.M. Woodrow, Doster & Woodrow, Anniston, AL, for Jacksonville State University. Thomas W. Thagard, Jr., David R. Boyd, Robin Laurie, Balch & Bingham, Montgomery, AL, Edward S. Allen, Balch & Bingham, Birmingham, AL, for Auburn University. William F. Murray, Jr., Burr & Forman, Birmingham, AL, for Troy State University. Victoria Sisson, Gorham, Stewart, Kendrick, Bryant & Battle, Birmingham, AL, for Livingston University. Craig Crenshaw, Pauline Miller, Jeremiah Glassman, U.S. Department of Justice, Civil Rights Division, Educational Opportunities Section, Washington, DC, for The United States of America. William F. Gardner, William K. Thomas, Cabaniss, Johnston, Gardner, Dumas & O'Neal, Birmingham, AL, for Troy State University Montgomery. 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 2/195 The Legal Standard of Fordice and Knight ..................................... 281 .................................................................. 282 Student Choice Generally .................................................. 282 Specifics of Student Choice ............................................... 282 Segregative Effects ....................................................... 284 Educational Soundness ..................................................... 284 Practicability ............................................................ 285 The Court-appointed Neutral Experts .......................................... 285 Liability and the court- appointed Neutral Experts ............................ 286 Mission What the Court must evaluate ................................. 287 Mission, Role and Scope in Higher Education .................................. 290 Programs ..................................................................... 290 and the HBIs in the Past ............................................ 290 Role ..................................................................... 291 Programs ................................................................. 291 The Predicates ............................................................... 292 The University of Alabama Huntsville ..................................... 292 Additional Findings .................................................. 292 UAH's Financial Situation ......................................... 292 Business Program Accreditation Generally .......................... 292 UAH's Business Program ............................................ 293 UAH's Education Program ........................................... 293 Findings Regarding Nursing at .................................... 294 Impracticability and Educational Unsoundness of Diminishing UAH's Programs .......................................................... 294 Business .......................................................... 294 Education ......................................................... 295 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 3/195 Nursing ........................................................... 295 Alabama University ................................................. 296 Enrollment Generally ................................................. 296 Teacher Education .................................................... 296 Instability in Leadership at .................................... 296 Of Business, Bonds, and Buildings at ............................ 296 Calhoun State Community College .......................................... 297 Enrollment ........................................................... 297 The Acustar Facility ................................................. 298 The Montgomery Situation ................................................. 298 Previous Findings .................................................... 298 Joint and Cooperative Programs ....................................... 299 and ..................................................... 299 and ...................................................... 299 Troy State University in Montgomery ....................................... 300 279 Courses Relinquished by in Consent Decree ........................... 302 Distance Learning at Troy State .......................................... 302 Degrees Awarded at and .............................................. 303 Alabama State University ..................................................... 303 Enrollment ............................................................... 304 Censure ............................................................. 304 Negative Media Coverage .................................................. 304 State Employee Training .................................................. 305 Accounting at Auburn University in Montgomery and Alabama State University ... 305 Allied Health Programs in Montgomery ......................................... 306 Policies and Practices With Continuing Segregative Effects ............................ 306 Proximate Institutions ........................................................... 306 Funding 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 4/195 ......................................................................... . 307 Catching up .................................................................. 311 ASU's and AAMU's Outspoken Commitment to Their Heritage .......................... 313 Leadership at and ....................................................... 314 ............................................................... 315 Program Transfer Generally ....................................................... 315 Engineering at .............................................................. 315 and .................................................................. 317 Other-Race Scholarships .......................................................... 318 Generally .................................................................... 318 and ................................................................. 319 Critical Mass .............................................................. 319 Advertising ...................................................................... 320 Closing or Merging .......................................................... 321 Endowments ....................................................................... 322 ......................................................................... ... 322 Current Posture .................................................................. 322 Possible Segregative Effects ..................................................... 323 Extension ........................................................................ 323 Black Involvement in Extension Policy-Making ..................................... 324 Generally .................................................................... 324 Specialists ................................................................. 324 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 5/195 From the Bottom .............................................................. 325 From the Top ................................................................. 326 From the Middle .............................................................. 326 Black Involvement in Research Policy Making ...................................... 327 Delivery of Extension Services and Black Farmers ................................. 328 Effect of Land Grant Funding on Student Choice ................................... 329 Urban Rural Split ................................................................ 330 Remedial Findings ................................................................ 332 The Extension Director ....................................................... 333 Other States ..................................................................... 333 Tuskegee University .............................................................. 334 ......................................................................... ... 334 Generally ........................................................................ 335 Standard of Deficiency or the Lack Thereof ............................... 336 Sufficiency of Incorporation of Black Thought, History and Culture in the PWIs' General and Core Curriculums ..................................................... 337 Traceability ..................................................................... 337 If \"Traceable,\" Then Only to General Societal Factors ............................ 338 Current Segregative Effects ...................................................... 339 The Absence- of-a-Black-Studies-Program Standard for Deficiency ................... 340 Plaintiffs' Proposed Remedy Constitutes Attempt to Circumvent the Burden they bear under Fordice ............................................................... 341 Intentional Discrimination Legal Principles .............................. 343 Intentional Discrimination Across the Higher Education System .................... 343 Intentional 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 6/195 Discrimination at ................................................ 345 Plaintiffs' First Amendment Argument ............................................. 347 280 Plaintiffs' Proposed Remedy Constitutes Attempt to Circumvent Burden they would bear in First Amendment case ...................................... 348 ............................................................. 348 .................................................................... 375 The following abbreviations are used by the Court Alabama University Alabama Commission on Higher Education Alabama State University Auburn University Auburn University at Montgomery Calhoun State Community College Calhoun State Community College at Huntsville The Court Historically Black Institution Jacksonville State University Knight Plaintiffs Livingston University Predominantly White Institution State Board of Education State Alabama Troy State University at Montgomery Troy State University System University of Alabama University of Alabama at Birmingham University of Alabama at Huntsville University of Alabama System University of Northern Alabama United States of America Record citations are abbreviated as follows Trial Transcripts [witness] (date) [page]; e.g. Blow (3/1/95) 6. Exhibits [Year] [Party] X, p. ___; e.g. 95 1 P. 12 L. MURPHY, District Judge. This case is before the Court, after remand, for further consideration more complete history of the case is set forth in the Court's previous order. Knight v. Alabama, 787 F. Supp. 1030 (N.D.Ala.1991), rev'd in part and remanded, 14 F.3d 1534 (11th Cir. 1994). The 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 7/195 remanded issues, with one narrow exception in the curriculum area, require the Court to analyze questions of fact or mixed questions of law and fact. The Court, therefore, sets out briefly at the beginning the relevant legal standards from United States v. Fordice as interpreted by Knight v. Alabama, but all findings and conclusions supporting the Court's remedy are set forth together in the body of the Court's order. The Court hereby incorporates its 1991 Order and Decree, except as reversed by the Eleventh Circuit or as inconsistent with the findings made below. After a six month trial in 1990-91 and a six week trial in 1995, the compilation of a massive record, and the publication of two lengthy orders, the Court has found all the relevant facts that there are to be found about higher education in Alabama. In light of those multitudinous findings, the Court has imposed what it believes to be the most desegregative remedy that is educationally sound and practicable. If the Court has erred, it is not the result of bad lawyering by attorneys or lack of consideration by the Court. If this case should again be appealed, and the higher courts again return the case to this Court, the Court earnestly seeks guidance. 281 This Court will enforce whatever remedy the higher courts think appropriate. This Court has done all it can do. The Legal Standard of Fordice and Knight The Eleventh Circuit established the following standard for higher education desegregation cases. The Supreme Court prescribed a three-step analysis for determining whether a state has fully met its remedial obligation. The first step requires a simple assessment of whether any particular policy that has been challenged as segregative is \"traceable\" to decisions that were made or practices that were instituted in the past for segregative reasons, thus rendering it a vestige of segregation. United States v. Fordice, 505 U.S. 717, 727-28, 112 S. Ct. 2727, 2735, 2736, [120 L. Ed. 2d 575] (1992). Where plaintiffs in a lawsuit contend that a state or other public actor has not discharged its duty to dismantle its former system of de jure segregated higher education, the burden of proof lies with the charging party to show that a challenged contemporary policy is traceable to past segregation. Upon such a showing, \"the burden of proof [then] falls upon the State, and not the aggrieved plaintiffs, to establish that it has dismantled its prior de jure segregated system.\" Id. at 740-41, 112 S. Ct. at 2741 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 8/195 (emphasis in original). The state may carry this burden in one of two ways. It may show that the challenged contemporary policy, though traceable to segregation, is not constitutionally objectionable because it does not today have segregative effects. Id. at 727, 728, 112 S. Ct. at 2736, 2737. When gauging whether a policy traceable to segregation has such current effects, courts must consider the effect of the policy as it operates in combination with any other challenged policies. Id. at 738-39, 740-41, 112 S. Ct. at 2741, 2742. Fordice recognized as having segregative effects policies that \"influenc[e] student enrollment decisions.\" Id. at 728, 742, 112 S. Ct. at 2737, 2743. In its discussion ... the Court offered examples of two broad categories of practices that can inhibit \"free choice\" by students as to university attendance. The first category comprises policies that have the effect of discouraging or preventing blacks from attending HWIs, examples of which include the maintenance of more stringent admissions requirements for HWIs than for HBIs. Id. at 733-39, 112 S. Ct. at 2738-40. The second category consists of policies that discourage whites from seeking to attend HBIs, examples of which include: duplication of programs at HBIs and HWIs in the same geographic area; the assignment to HBIs of institutional missions that restrict them to programs of instruction that cannot effectively attract whites; and the failure to fund HBIs comparably to HWIs or to locate high-prestige programs at HBIs. Id. at 736-40, 112 S. Ct. at 2740-42. As a result of such policies, disproportionate numbers of whites can satisfy their curricular desires at HWIs, and cannot satisfy them at HBIs, thereby discouraging them from choosing to attend HBIs. Where the state proves that a challenged policy, shown by plaintiffs to be traceable to segregation, has no segregative effects, it is relieved of its duty to eliminate or modify the policy. Id. at 738-39, 112 S. Ct. at 2741. This inquiry constitutes the second step in the Fordice analysis. The other circumstance in which a state may be relieved of its obligation to abolish or modify policies traceable to segregation obtains where, in effect, it simply is not possible to do so. Where \"policies traceable to the de jure system are still in force and have discriminatory effects, those policies ... must be reformed to the extent practicable and consistent with sound educational practices.\" Id. at 727, 112 S. Ct. at 2736. Thus, where the state can show that there are no less segregative alternatives which are practicable and educationally sound, then it may permissibly maintain the vestigial practice or policy in place. Id. at 733-42, 112 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 9/195 S.Ct. at 2738-43; id. at 743-44, 112 S. Ct. at 2744 (O'Connor, J., concurring). However, the state's burden of proving that such alternatives are impracticable or educationally unsound is a heavy one and \"the circumstances in which a State may maintain a policy or practice traceable to de jure segregation that has 282 segregative effects are narrow.\" Id. at 743, 112 S. Ct. at 2743 (O'Connor, J., concurring). The state is obligated to adopt, from among the full range of practicable and educationally sound alternatives to the challenged policy, the one that would achieve the greatest possible reduction in the identified segregative effects. Id. at 743-44, 112 S. Ct. at 2744 (O'Connor, J., concurring). Moreover, because the obligation to remedy the segregative effects of vestiges of segregation is an affirmative duty borne by the state, the onus is not on the plaintiffs to propose the remedy options to be considered. Rather, a court should consider the full range of all possible alternative remedies, including closure, when determining which would achieve the greatest possible reduction in the identified segregative effects. Id. at 742, 112 S. Ct. at 2743. This examination of the practicability and educational soundness of possible alternatives or modifications to a challenged policy constitutes the third step in the Fordice analysis. Where plaintiffs show that a current policy is traceable to past segregation, and defendants fail to demonstrate either (1) that the policy, in combination with other policies, has no current segregative effects, or (2) that none of the full range of less segregative alternative remedies are practicable and educationally sound, defendants must adopt the practicable and educationally sound alternatives that will bring about the greatest possible reduction in the segregative effects. \"If the State has not discharged [this remedial] duty, it remains in violation of the Fourteenth Amendment.\" Id. at 717, 112 S. Ct. at 2735. Knight v. Alabama, 14 F.3d 1534, 1540-42 (11th Cir.1994). 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 10/195 Student Choice Generally 1. In order to evaluate the likely consequences of various remedies, the Court finds facts regarding the underlying processes by which a student decides to attend, and persist at, a post-secondary school. Usually, the decision begins with the choice of a career goal, and includes initial choices about college majors, perhaps a change in those choices, and the decision to persist in the post-secondary education process and at a particular institution. The Court must evaluate the likely consequence of various remedies in the context of the complete student choice process. St. John (3/16/95) 10, 12. 2. There is a difference between college choice and student choice. Student choice involves broader considerations, from the formation of post-secondary and career aspirations, to issues of institutional access. St. John (3/16/95) 10, 12; 95 243, pp. 3-6. 3. College choice involves a student's pre-disposition or aspiration to attend college, the search process, and the ultimate choice of an institution. The study of college choice involves examining how each phase develops and functions. Hossler (2/14/95) 11. 4. Student choice does not operate in a vacuum, but instead within the context of a larger set of decisions made by the university and individuals within the university, including admissions, financial aid, and other decisions affecting students. Student choice and student access are conceptually linked in that the decisions made by a student are not independent of the particular practices at an institution under consideration. That is, institutions make themselves more or less available and attractive to students through admissions criteria, recruitment efforts, financial aid and post-enrollment support activities. Allen (3/9/95) 19-21. 5. The broadest definition of student choice includes opportunity (and the minimization of the influence of academic and social constraints on access) as well as college choice and desegregation. 95 243, p. 31. Specifics of Student Choice 6. Students must initially decide whether to attend a post-secondary educational institution. Many students make this decision by the eighth or ninth grade, and are 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 11/195 influenced in their decision by factors such as parental experience with post-secondary education and parental encouragement to go on to postsecondary 283 education. 95 243; Hossler (2/14/95) 11-15. 7. To the extent that particular racial, ethnic, or socioeconomic groups have lower college attendance rates, aspirations of students in those groups to attend post-secondary institutions may be influenced more heavily by non-family factors such as school officials, peers, and other non-familial efforts such as providing information and encouragement to middle school students regarding post-secondary opportunities, and student financial aid. Hossler (2/14/95) 13; 95 243, pp. 10-12. 8. Of all of the factors influencing the decision of whether to attend post-secondary institutions, parental encouragement is the single best predictor of an interest in continuing with education. Hossler (2/14/95) 14; 95 243, pp. 10-12. 9. With some exceptions, most students begin the primary part of the college choice process in the junior year of high school. By this point, students understand from parents the economic parameters of the choices available. Hossler (2/14/95) 18-19. 10. When students are defining a college \"choice set,\" parents establish an explicit cost range they will consider, and indicate the distance from home they think the student should travel for school. Hossler (2/14/95) 19. 11. The two most direct ways, external to the family, to influence the process by which students choose colleges are (1) post-secondary encouragement during the middle school years and (2) efforts to lower the price and other costs of a college education. 95 243, p. 15. 12. After developing an aspiration to higher education, students establish a set of institutions in which they may possibly enroll student establishes the \"choice set\" based upon a range of factors important to the individual student. Research literature on student choice, however, demonstrates that the following factors exert the greatest influence on students' choice: tuition, costs, financial aid, academic reputation, location, size, social atmosphere, and, occasionally, special academic programs. 95 243, p. 36. 13. Particular academic programs are relatively un important in the early stages, because students are not far enough along in their decision making to rule institutions in or out based on programs. Hossler (2/14/95) 19. One important exception to this general rule, however, is engineering. Hossler (2/14/95) 19. 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 12/195 14. After establishing a \"choice set,\" the next stage involves selecting from among the institutions in the set. The students narrow their choices to a group of schools they are considering seriously enough to submit an application. Hossler (2/14/95) 20-21. 15. The schools in a student's final choice set are normally quite similar. More subtle factors, such as the quality of campus social life, become more important to the choice. 95 243, p. 38. 16. At this point in the choice process, the net cost of attending college (after considering financial aid) becomes a crucial factor in the selection of a college. 95 243, p. 38. 17. By this stage in the choice process, students have decided whether they are only considering attending local institutions; whether they are considering living away from home and if so how far; and whether they are considering elite private high-cost institutions. At this stage, students begin to relate career aspirations to the availability of academic majors. Hossler (2/14/95) 22. 18. Also at this stage, the efforts by the institutions to entice prospective students become particularly important, because a decision among the final group of institutions is heavily influenced by factors such as how an institution treats a prospective student on campus visits, the personal nature of correspondence to the student and other similar, personal, factors. Hossler (2/14/95) 23. 19. Analyses of student choice must account for institutional access because institutional decisions affect student choice. Policies and practices in admissions criteria, recruitment activities, where recruitment activities occur, financial incentives and post-enrollment academic support will make that 284 institution more or less accessible to particular students. Allen (3/9/95) 19-21; 95 243, p. 11. 20. Other factors that affect student choice and, especially, the decision of white students to attend HBIs, include safety (an important factor) and physical attractiveness (a less important factor, an \"`add-on' incentive\"). 95 8, pp. 43-44; Conrad (2/28/95) 16. 21. Institutional communication to a student considering only local institutions is somewhat different. It is more important that the local institution demonstrate that it is \"user friendly,\" offers programs for part-time students, offers weekend and evening courses, offers programs with immediate employment potential, and possibly provides financial aid for students not eligible under traditional aid programs. Hossler (2/14/95) 23- 24. 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 13/195 22. Little research has been done on the choice process for nontraditional and commuting students. For these students the principal determinates of where they will enroll seem to be cost, distance and convenience. Hossler (2/14/95) 25-26; see infra \u00b6\u00b6 191-205 (discussing adult and non-traditional students). 23. Locally situated, part time, traditional age students have the similar course patterns as adults; that is, they require at least some evening and weekend courses. Hossler (2/15/95) 74-75. 24. Student choice is a complex process, but the Court has considered the issues in this case in light of the process explained above. 25. Student choice, in this case, is not just about making and more desirable places to go, but also about expanding student choice in the system as a whole. Becton (2/23/95) 68. Any remedial action should increase educational opportunity for all Alabamians. 95 4, p. 7 (Joint Prefatory Statement of Court's experts). Segregative Effects 26 \"segregative effect\" occurs when a policy or practice continues to foster segregation, or influences student enrollment decisions by substantially restricting, in a discriminatory manner, a person's choice of which institution to enter. United States v. Fordice, 505 U.S. 717, 730, 112 S. Ct. 2727, 2737, 120 L. Ed. 2d 575 (1992). Educational Soundness 27. An educationally sound remedy furthers typical state higher education goals regarding college participation rates and access to opportunity. 95 790, p. 4. 28. An educationally sound remedy furthers typical state higher education goals regarding the development and maintenance of quality academic programs. 95 790, p. 4. 29. An educationally sound remedy must aid in the creation of stronger institutions and a stronger state system of higher education. 95 790, p. 4. 30. An educationally sound remedy must provide incentives to \"do right\" with minimal intrusive Court oversight. Trendler (2/9/95) 25; Gross (2/9/95) 28-29. [1] 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 14/195 31. An educationally sound remedy should, as far as possible, take into account, and work within the normal political, educational, and administrative processes. Trendler (2/9/95) 25-27; Wharton (3/14/95) 10; Caruthers (3/15/95) 25; Nance (2/26/95) 27. 32. An educationally sound remedy must minimize, as far as possible, the collateral and unintended effects on the state's system of higher education. Fincher (2/9/95) 9-13; Caruthers (3/15/95) 14-15; Ellis (2/14/95) 46. 33. An educationally sound remedy must acknowledge that achieving and maintaining accreditation is crucial to institutions of higher education. Jordan (3/8/95) 53-54. 285 34. An educationally sound remedy must maintain the levels of integration achieved by the PWIs. Caruthers (03/15/95) 31; 95 790, pp. 17, 19; 95 1, p. 19; Conrad (02/28/95) 56, 89, 110. 35. The remedy must bring the state and the system of higher education into compliance with the Constitution, Title and the Fordice decision. Practicability 36. Webster defines \"practicable\" as capable of being effected, done or executed; feasible; or capable of being used for a specific purpose. \"Capable\" is defined as \"having capacity or ability; competent; efficient; able.\" 37. In grasping the meaning of \"practicable\" it is useful to look at the meanings of related words: (a) \"possible\" is something realizable as an end, capable of existing or happening without contradicting proven facts, laws or circumstances. (b) \"practical\" emphasizes the prudence, efficiency, or economy of an act, solution or agent. (c) \"workable\" is used of proposed ideas or plans, the success of which is likely if properly managed. (d) \"practicable\" means fitted for actual use or application, and often is used to describe projects where an initial forecast is important. [2] [3] 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 15/195 (e) \"feasible\" means clearly possible and applicable, and connotes closer scrutiny and more guarded approval than workable or practicable. (f) \"viable\" refers to likelihood of continued success. 38. Practicability requires the Court to look not only at costs and benefits, but risks and returns as well. Hossler (2/15/95) 102; see also Missouri v. Jenkins, ___ U.S. ___, ___- ___, 115 S. Ct. 2038, 2071-72, 132 L. Ed. 2d 63 (1995) (Thomas, J., concurring). Justice Thomas noted that local authorities are entitled to rather specific direction regarding their obligations, disapproved of a district court using a hit or miss, constant-decree-reshaping method, and encouraged district courts to attempt to implement a unified remedy in a single decree. Based upon this advice and the meanings of words, a practicable remedy is one that would appear, at the current time, to be most likely to achieve the remedial purpose into the future. 39. The Court wishes to avoid enormous expenditures of money which have no practical effect on institutions or students. See, Wharton (3/14/95) 16-17, whereat he discusses Louisiana's dismal experience with large scale enhancement of HBIs. The Court-appointed Neutral Experts 40. Several months prior to the start of the remand proceedings the Court took the extraordinary step of appointing five neutral expert witnesses. These appointments were made in an effort to assist the Court and the parties in analyzing the issues remanded from the Circuit. The Court felt it important to secure the assistance of educational experts not associated with any of the parties to this case. 41. After an extensive search, the Court selected five individuals with national reputations as educators and university administrators to serve as appointed experts. The Court- appointed experts were: 286 42. Dr. Robert M. Anderson, Jr., who at the time of his appointment was Vice Provost for Extension and Director of Cooperative Extension at Iowa State University. Prior to his appointment as Vice Provost, Dr. Anderson was employed by the General Electric Company where he served as a manager. Dr. Anderson has also been a full professor of electrical engineering at Purdue University. 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 16/195 43. Lt. Gen. Julius W. Becton, Jr., is the former President of Prairie View University. General Becton has served on a number of national committees involved in university and college accreditation. He has also served as a board member for various organizations committed to equal access to higher education. General Becton has served in various presidential administrations including the Director of under President Bush. 44. Dr. Harold L. Enarson is President Emeritus of The Ohio State University. Dr. Enarson also served as the first president of Cleveland State University, and was the Executive Director of the Western Interstate Commission for Higher Education, an interstate compact of 13 western states. Dr. Enarson has held several administrative position at the University of New Mexico, and served in the President Truman's White House in a variety of positions. 45. Dr. Robben Fleming is the President Emeritus of the University of Michigan at Ann Arbor, past Chancellor of the University of Wisconsin, and the former President of the Corporation of Public Broadcasting. Dr. Fleming has served as Chairman of the Carnegie Fund for the Advancement of Teaching, Chairman of the American Association of Universities, Chairman of the American Counsel on Education, and is a Fellow of the American Academy of Arts and Sciences. 46. Dr. Bryce Jordan is President Emeritus of the Pennsylvania State University and former Executive Vice Chancellor of the Administrative Office of the University of Texas System. Dr. Jordan also served as the founding president of the University of Texas at Dallas. Dr. Jordan, as with all of the Court-appointed neutral experts continues to serve on a variety of committees and organizations concerned with higher education across the country. 47. The Court charged the neutral experts to conduct a detailed review of the issues presented on remand and to separately recommend to the Court, what in their individual judgments, were the most educationally sound remedies to address the issues remanded by the Circuit. 48. In discharging their responsibilities, the Court-appointed experts met with the parties to this case, toured a number of institutions and spoke to plaintiff class members and officials of several of the schools. Separate reports were prepared by the Court-appointed experts, and they each gave a deposition and testified at trial. Copies of the reports were entered into evidence at the trial. 49. Without exception, these men provided valuable assistance in reviewing the matters submitted to them. Their reports were thoughtful, complete and of great assistance to the 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 17/195 Court and the parties. Liability and the Court-appointed Neutral Experts 50. At the outset, it is important to note that while some of the court-appointed experts commented on issues that are relevant to mission area liability, all of them indicated to the Court that they were uncomfortable with developing evidence on the issue of liability, so they assumed liability. See Enarson (2/21/95) 97-98. Drs. Anderson, Jordan, Enarson and Fleming and General Becton all admitted that they \"assumed\" liability on the part of the defendants in the mission area. Jordan (3/8/95) 7; Becton (2/22/94) 54; Enarson (2/21/95) 90-91, 96-97; Fleming (2/22/95) 71-72. It was evident from their testimony that they viewed the Eleventh Circuit's remand to require a finding of liability on the mission area and that the one option not open to the judge was to do nothing. Enarson (2/21/95) 96. Dr. Fleming explained that he did not attempt to answer questions related to liability; but assumed liability, believing that it was the court-appointed experts' jobs to improve the status of the HBIs. Fleming (2/22/95) 72. 287 51. During a hearing held on August 12, 1994 the Court told the parties The [Court-appointed] experts have indicated to [the Court's Monitor] that they're not they do not feel comfortable with doing a lot of work on issues of liability. And I'm telling that to all of you so that you will understand when these experts testify that while they may know facts and be able to testify as to facts that go to liability issues, that most of what they're going to be doing is looking at [the] present situation, whether or not the remedy is appropriate, and if so, what it might be. Transcript of Hearing held August 12, 1994, p. 34. 52. On November 1, 1994 the Court received a memorandum from these experts which stated in part We interpret our charge to require of us first and foremost our individual opinions on the range of practicable and educationally sound remedies to the 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 18/195 issues remanded by the Eleventh Circuit. As the Court said in the August hearing, none of us are particularly comfortable in doing comprehensive work on issues of liability. For example, on the mission and land grant issues, we have not extensively focused on whether a current practice or policy has continuing segregative effects on student choice. We understand that such issues will be decided by the Court based on the evidence presented at trial. While we may on occasion express opinions regarding liability issues, we have in all instances proposed a range of remedies regardless of our individual views on the liability questions. In short, we have assumed liability and offered our opinions on remedial issues. Memorandum from the court-appointed Neutral Experts to Judge Harold L. Murphy (Nov. 1, 1994) (emphasis supplied). 53. During the cross-examination of Dr. Enarson, the Court reminded the parties ought to point out. Let me interrupt a minute should point out that the [court-appointed] experts in this case indicated they were quite uncomfortable with developing evidence on the issue of liability, so they have assumed liability.\" Enarson (2/21/95) 97-98 (Court's comments). 54. Consistent with the Court obviating any duty on their part to study and make recommendations regarding liability, these experts' reports contained no in-depth discussion on liability, but only passing references consistent with their admitted assumptions on the issue. 95 1, p. 5-7; 95 2, p. 29; 95 3, p. 1-2; 95 4, p. 9; 95 5, p. 10-13. 55. Dr. Enarson stated his belief that \"student choice is influenced by race and institutional reputation.\" He then speaks in broadly historical terms of the image of the HBIs and the fact of proximate institutions. 95 1, p. 5-7. While Dr. Enarson's beliefs regarding history may be accurate, it was a matter he neither chose, nor the Court ultimately charged him, to investigate under the particular facts of this case. 56. Dr. Fleming, too expressed his belief that the limited missions have current segregative effects, but reserved the determination of that question for the Court. 95 3, p. 1-2. 57. General Becton expressly stated am, therefore, assuming that this limitation continues its segregative effects on student choice.\" 95 4, p. 9. 58. Dr. Jordan, before making his various recommendations, spoke of the duplication in Huntsville and Montgomery, and the attendant inefficiencies. 95 5, p. 10-13. Dr. 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 19/195 Jordan simply states, \"there seems little doubt that this situation has come about through a continuation of segregative effect originating in the de jure segregation of ASU, and is still effecting the choices that students have as to the institution they wish to attend.\" 95 5, p. 11. Again, while Dr. Jordan's beliefs regarding history may be accurate, it was a matter he neither chose, nor the Court ultimately charged him, to investigate under the particular facts of this case. Mission What the Court must evaluate 59. The phrases \"current mission assignment\" and \"limited mission\" of and ASU, as used in this litigation are imprecise terms. Neither the Eleventh Circuit nor this Court's 1991 Opinion eliminated the imprecision. The Court concludes, however, that 288 the meaning placed on those terms is evident from the Court of Appeals' holding and its citation of this Court's previous Order. 60. The Eleventh Circuit quoted a portion of a statement in the Court's introductory remarks in Knight. The portion quoted by the Eleventh Circuit is in italics. The issue is not whether the state universities to which African Americans have traditionally turned for college education in Alabama have limited missions because of prior state-sponsored discrimination, undoubtedly they do; rather, the issue is how does the limitation affect students who choose to attend the state's predominantly black institutions. Knight, 787 F. Supp. at 1046 (emphasized portion quoted at Knight, 14 F.3d at 1544 as this Court's finding). The Eleventh Circuit then went on to discuss AAMU's and ASU's classification in Planning Document Number One and the Instructional Role Matrices. Knight v. Alabama, 14 F.3d 1534, 1544-45 (11th Cir.1994). The Court of Appeals then holds that this Court \"did not address the entirely separate question of whether the limited mission assignments of and & M, which were preserved under both Planning Document Number One and the current Instructional Role Matrices\" have current segregative effects. Id. at 1545. The Eleventh Circuit instructs this Court, on remand, to examine ASU's and AAMU's \"current mission assignment.\" Id. at 1546. The Eleventh Circuit's holding and mandate are consistent with the actual findings underlying the Court's statement in the introductory 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 20/195 remarks. Cf. 9 \u00a7 2580, p. 719 (1971) (\"When a district court issues an order and specific findings, the specific findings control over any statement in the order\"). 61. This Court's statement in the introductory remarks was motivated by the numerous factual findings on the history of higher education in Alabama. See Knight, 787 F. Supp. at 1065-1147. Very briefly: 62 and were founded as normal schools or teacher colleges to serve for black citizens the identical purpose served for white citizens by institutions such as the UNA, LU, JSU, and TSU. See Knight, 787 F. Supp. at 1074-75, \u00b6\u00b6 97, 98 founded as normal school for blacks); id. at 1084, \u00b6 154 founded as teacher training school, under name Huntsville Normal School, for blacks), id. at 1062, \u00b6 5 founded as normal school for whites); id. \u00b6 6 founded as normal school for white females); id. \u00b6 7 founded as normal school for white males and females); id. at \u00b6 8 founded as teachers' college for white males and females). 63. In the 1960's, the state played virtually no role in higher education growth and expansion, which took place without coordination or planning. Prior to 1969, if an institution wanted to move, expand, or create new programs, they could do so if they could get the funds. Porter (2/1/95) 7, 9. 64. The Alabama legislature created the Alabama Commission on Higher Education (ACHE) in 1969, and in 1974 released Planning Document Number One which recommended certain institutional classifications. Id. at 1136, \u00b6 516, 1139, \u00b6 526, 1309, \u00b6 1592. 65. The Court previously found Planning Document Number One recommended that institutions of higher education be classified according to the following system: I. Doctoral Universities (Public) A. Comprehensive Universities B. Urban Universities with a Comprehensive Role in Selected Graduate and Professional Fields. C. Urban Universities with Specialized Graduate and Professional Roles II. Master's-Level State Universities (Public) III. [4] 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 21/195 Two-Year Institutions (Public) IV. Private Institutions V. Propriety Institutions 2, p. 39. The public four-year institutions in Alabama were classified by as follows: Category Category Category I-C: UAH, USoALA Category 2, pp. 42-51. 289 Knight, 787 F. Supp. at 1309-10, \u00b6\u00b6 1592, 1593. 66. An institution's placement within a category in Planning Document Number One depended on the institution's characteristics as they existed in 1975, when Planning Document Number One was published. 95 1028, pp. 41-58; Blow (5/6/91) at 70-71. As testified to by the then Executive Director of ACHE, the categories \"simply described what the institutions were doing at that time.\" Porter (2/1/95) at 16. 67. The classification system used in Planning Document Number One prevented institutions from having programs approved by at a level higher than their classification would allow. Knight, 787 F. Supp. at 1310, \u00b6 1597. However, until 1979 an institution could use state funds to implement a new program even if withheld approval. Porter (2/1/95) 21-22; Knight, 787 F. Supp. at 1312, \u00b6 1607. 68. In addition, Planning Document Number One demonstrates a sensitivity to the issues present in this litigation. The document states, in language quite prescient of some opinions in United States v. Fordice The role and scope of historically black institutions is of crucial importance in this State. The duty to create a truly nondiscriminatory system of higher education clearly rests upon the State. Institutional efforts to create not \"white colleges\" and not \"black colleges\" but just \"colleges\" should continue. . . . . . By the same token, the unique contribution and perspective of the historically black institutions should not be lost in an effort to achieve numerical quotas for majority and minority students. The burden of further desegregation should not fall unduly upon the historically black institutions. Since enrollment in higher 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 22/195 education, unlike that in elementary and secondary schools, remains a voluntary action, the right of students to choose the institution which they believe best meets their needs and desires should be respected. The State has an affirmative duty to insure that its policies and practices and those of its institutions do not in and of themselves create or perpetuate institutions which, by their faculty or administration or admissions policies, are clearly \"white\" or \"black.\" But we do not believe that the historic principle of free choice in higher education should be abridged and lost. 95 1028, pp. 69-70. 69. In 1985 ceased operating under Planning Document Number One and began using the Instructional Role Matrices. Knight, 787 F. Supp. at 1310, \u00b6 1594. The Instructional Role Matrices, when adopted, described the respective role of the particular institutions as such role stood. The Court previously described the Instructional Role Matrix thusly: The Instructional Role Matrix document contains grids, with rows showing academic subdivision groupings and columns showing degree levels separate grid applies to each public four-year institution. If an institution has an existing degree program in a particular academic field at a particular degree level, an \"X\" appears in the appropriate spot. If an institution has no existing program in a particular field and at a particular degree level, but both the institution and agree it should be able to expand in that area, an \"O\" appears in the appropriate spot. [91 144. Knight, 787 F. Supp. at 1311, \u00b6 1602. 70. The original Instructional Role Matrix for each institution was agreed to by that institution, and the system allows for changes in role. Blow (2/8/95) at 5-6. The Instructional Role Matrix is overwhelmingly descriptive rather than prescriptive, and the document, itself, does not represent stateimposed mission assignments. See 95 1009. 71. Importantly, however, whatever role an institution had when Planning Document Number One was in force, was described in, and carried through to, its respective grid in the Instructional Role Matrices. Caples (3/1/95) 82-83. 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 23/195 72. The Court concludes, therefore, that the \"limited missions because of prior statesponsored discrimination\" discussed in the 290 Eleventh Circuit's opinion must refer to the mission, or more precisely, the role and occupy in the Instructional Role Matrices. Mission, Role and Scope in Higher Education 73. Mission, role and scope are terms of art in Alabama higher education. To more narrowly focus this litigation, the Court provides the following explanations. 74 mission is what an institution sees itself to be in a broad philosophical sense, including its major goals, the way it sees its major responsibilities. It has certain aspirational and futuristic aspects to it.\" Blow (2/8/95) 4; Enarson (2/21/95) 12. Under this technical definition, the State of Alabama has nothing to do with institutional mission. Blow (2/8/95) 4. 75. \"Role essentially is what an institution does, and generally, with respect to three major functions, instruction, research and public service. Also involved with role would be the clientele that an institution serves.\" Blow (2/8/95) 4. 76. \"Scope [is] the extent to which the institution carries out its role or does what it does. In a practical sense uses this word referring to the academic program inventory for the instructional scope of an institution.\" Blow (2/8/95) 4-5; 95 1007; 95 1008. 77. Instructional role is expressed, in part, in degree programs offered by an institution. Because of the high degree of institutional autonomy in Alabama higher education, program proposals usually originate with the institutions, see generally 95 1010, and the existence vel non of a particular program at a particular institution cannot be attributed solely to a centralized state policy or practice. 78. The current limited mission assignments of and that are the present focus of this litigation are the role and scope of the institutions. Programs and the HBIs in the Past [5] 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 24/195 79. During the approximately 20-year period from 1971 through the time of the last trial, the considered only two program proposals from and approved both of them. Knight, 787 F. Supp. at 1313, \u00b6 1617. AAMU, in contrast, submitted many program proposals during that period, and only four of those programs were ultimately disapproved by the Commission. Id. at \u00b6 1619. 80. In 1994 recommended that (and AAMU) receive additional one-time funding for development of program proposals, and such funds were appropriated. Blow (2/8/95) 20; 95 1067, pp. B-1, B-2. 81. Since the last trial staff and have been working together on several degree program proposals: doctoral programs in three education fields; baccalaureate programs in allied health fields, including respiratory therapy, occupational therapy, health information management, and athletic training; a baccalaureate program in environmental science; and a masters' program in accountancy. Blow (2/8/95) 13-19; 95 STXs 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022. The doctoral programs have been withdrawn from consideration, by agreement of and ASU, pending further development of the proposals. Blow (2/8/95) 13-15. 82. The allied health programs are being considered \"off the calendar;\" that is, instead of being required to act on the program proposals within ten months and have agreed that the staff and will continue negotiations concerning the proposals until the staff is ready to recommend them for approval. Blow (2/8/95) 17-18. The State appears poised to place these programs at ASU. Although the environmental science and masters of accountancy proposals are in more advanced stages action was postponed, 291 at the Court's request, pending the Court's remand order. Blow (2/8/95) 16, 18. 83. In fact imposed a moratorium on all new programs pending the outcome of this action. Blow (2/8/95) 18. 84. Since the last trial has submitted five program proposals. Blow (2/8/95) 10-11 bachelor of science program in technical studies has been approved, as has a masters' program in social work. Blow (2/8/95) 11. Proposals for baccalaureate degrees in logistics, mechanical engineering, and electrical engineering are pending. Id. The logistics proposal had to be revised in response to questions raised. Id. As to the engineering proposals, the staff and disagreed about whether additional engineering programs should be approved for Huntsville suggested exploring ways in which and could share the core curricula for the two programs, and revised 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 25/195 proposals were submitted to shortly before trial began. Blow (2/8/95) 12-13. See, infra, \u00b6\u00b6 318-337 for further discussion of Engineering at AAMU. Role 85. As noted above, \"role\" is what an institution does with regard to instruction, research and public service. 86. Alabama designates twenty-eight (28) fields. In Alabama if an institution can offer courses in a certain field, that institution has a \"role\" in that field. See 95 1009. Fields are broad areas of knowledge, such as Agriculture and Renewable Resources, Architecture and Environmental Design, Business, Communication and Related Technologies, Education, Engineering, Humanities, Life Science, Physical Science/Mathematics, among others. See 95 1009. 87. If one ranks Alabama's public senior institutions in terms of most to least overall fields for which a role is recognized, number of fields in which a doctoral role is recognized, and number of fields in which a graduate (including doctoral) or first professional role is recognized, the institutions are ranked as follows: Number of Roles All Graduate & Overall Doctoral First Prof - 21 - 15 - 20 - 20 - 13 - 18 - 19 - 13 - 16 - 16 - 3 - 15 - 15 - 3 - 12 - 14 - 2 - 10 - 14 - 1 - 10 - 14 - 1 - 10 - 13 - 0 - 9 - 12 - 0 - 8 - 12 - 0 - 7 - 11 - 0 - 5 - 11 - 0 - 5 - 10 - 0 - 3 - 9 - 0 - 1 - 9 - 0 - 0 95 1009. Programs 88. Programs are what are normally referred to as majors or concentrations: for example, English, Accounting, and Business Administration, among others. 95 1007; 95 1008; 95 799, p. 19. 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 26/195 89. If one ranks Alabama's public senior institutions in terms of most to least overall programs, doctoral programs, and graduate and first professional programs (including doctoral and educational specialist), the institutions are ranked as follows: Number of Programs All Graduate & Overall Doctoral First Prof - 319 - 65 - 214 - 318 - 51 - 196 - 148 - 30 - 80 - 124 - 10 - 53 - 109 - 4 - 35 - 102 - 3 - 33 - 99 - 1 - 29 - 97 - 0 - 28 - 84 - 0 - 26 - 82 - 0 - 25 - 81 - 0 - 24 - 73 - 0 - 20 - 65 - 0 - 19 - 56 - 0 - 17 - 44 - 0 - 16 - 33 - 0 - 0 95 1049. 90. If one ranks Alabama's public senior institutions in terms of most to least overall programs in active status, doctoral programs in active status, and graduate and first professional programs (including doctoral and educational specialist) in active status, the institutions are ranked as follows: 292 Number of Programs in Active Status All Graduate & Overall Doctoral First Prof - 310 - 58 - 190 - 260 - 49 - 164 - 148 - 30 - 80 - 109 - 10 - 53 - 97 - 4 - 35 - 95 - 3 - 26 - 86 - 1 - 26 - 79 - 0 - 25 - 76 - 0 - 21 - 72 - 0 - 20 - 72 - 0 - 17 - 54 - 0 - 15 - 47 - 0 - 12 - 42 - 0 - 11 - 41 - 0 - 11 - 33 - 0 - 0 95 1049. 91. Having laid this theoretical, definitional, and limited historical foundation, the Court will discuss the various institutions. The Predicates The University of Alabama Huntsville 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 27/195 92. The Court's previous findings regarding the institutional comparison between and are found at Knight v. Alabama, 787 F. Supp. 1030, 1321-22, \u00b6\u00b6 1660-74 (N.D.Ala.1991). 93. The Court's previous findings comparing the education and business programs at the and are found at Knight, 787 F. Supp. at 1322-28, \u00b6\u00b6 1675-1736. 94. The Court previously found that and were substantially different from both an institutional and a programmatic perspective. Knight, 787 F. Supp. at 1321-1376, \u00b6\u00b6 1660-1736. 95. These findings remain correct in light of the evidence presented during the rehearing. Siskin (2/13/95) 43, 75-78; Billings (2/13/95) 39; Ellis (2/14/95); Henson (3/6/95) 14-15; 95 237, tbl 3; 95 237, tbl 14-19; 95 237, tbl 30; 95 237, tbl 31. Additional Findings UAH's Financial Situation 96. UAH, because of its science and engineering focus, has a high cost educational mission. Wharton (4/2/91) 30. 97. The state appropriations are significantly less than what requires to carry out its mission; UAH, therefore, must depend on tuition and fees. Franz (3/13/95) 21-23; 95 1164. UAH's tuition and fees are currently the highest of any Alabama public institution. 95 1006, p. 84. 98 attracts substantial sponsored research money; however, such funds are restricted by the sponsoring agency. Wharton (4/2/91) pp. 91-92. 99. UAH, itself, has supplied over half its capital funds, through institutional funds and institutional borrowing; the state and the federal government each provided roughly a quarter. Quick (3/20/91) 31; 90 1511; Franz (3/13/95) 27. 100. UAH's debt service requirements went from $848,108 prior to 1990, to $2,400,000 in 1991, to $5,707,451 in 1994. 95 1155; Quick (3/20/91) 21; 90 947, pp. 16-17. 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 28/195 By many measures is a very highly leveraged institution. Franz (3/13/95) 28-31; 95 1119; 95 1164, pp. 2-3; Quick (3/20/91) 21. 101 services its debt through tuition and fees, and contract payments by facility users. State appropriations, by law, may neither be pledged nor expended for bond debt service. Franz (3/13/95) 31-32, 34-35; 95 1155. 102. UAH's ability to meet its heavy debt service requirements is significantly tied to enrollment. The institution is therefore financially vulnerable to instability or shifts in enrollment made long-term financial commitments for the purpose of developing facilities needed for its instructional and research programs, premised upon maintaining reasonable stability in student enrollment over time. Franz (3/13/95) 36-37; Quick (3/20/91) 22. Business Program Accreditation Generally 103. The American Association of Collegiate Schools of Business (AACSB) is a not-for- profit organization devoted to the promotion and improvement of higher education programs in business administration is the premier accreditation agency for business programs, at all levels, in American higher education. Begun in 1916 has historically been associated with 293 institutions having business programs with a strong research orientation, often at doctoral institutions accreditation is very prescriptive, and both difficult and time consuming to achieve. Less than 25% of institutions offering such programs in the United States have qualified for accreditation. Nance (2/6/95) 38-39; 95 713; Billings (2/13/95) 5-6. 104. There are only seven accredited business programs in Alabama. Only about 300 of some 1,400 business programs nationally are accredited. Nance (2/6/95) 37-38; 95 713. 105 accreditation pays important dividends to the institution and its students. Accreditation helps assure students and their parents of the program's high quality; gives the graduate an edge in the job market; helps the institution attract and retain high quality faculty; helps the faculty achieve more recognition nationally; gives the faculty greater credibility in seeking private support and federal contracts and grants; and generally brings more prestige and respect to the institution. Billings (2/13/95) 80-81, 84. 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 29/195 106. Once a faculty with the appropriate credentials for national accreditation has been achieved, it must be maintained, because the program must be periodically reaccredited by AACSB. Billings (2/13/95) 9-10. 107. The other accrediting agency for business programs is the Association of Collegiate Business Schools and Programs (ACBSP). ACBSP, which was founded about 1988, primarily emphasizes excellence in teaching, and focuses less on research than is normally found in baccalaureate and associate degree programs. Nance (2/6/95) 38-39. 108. The two business program accrediting agencies are complementary. The accreditation emphasizes teaching, while orients toward larger programs or those that emphasize research and publications as well as teaching. Steptoe (3/7/95) 107. UAH's Business Program 109. UAH's baccalaureate and masters programs in the College of Administrative Science were accredited by the in 1994. Billings (2/13/95) 5; 95 1108, p. 1. 110 achieved accreditation after at least thirteen years of concerted effort. Programs in business had been offered at for over thirty years prior to officials deciding that the University was in a position to seek such accreditation. Billings (2/13/95) 4-5, 57, 82; 95 1108 pp. 1-3. 111 faced significant challenges in qualifying its business and management programs for accreditation, such as reshaping its faculty and academic culture, primarily by developing a stronger research orientation and moving from a \"time in grade\" system of evaluation to a meritocracy. Billings (2/13/95) 6-10, 11. Meeting the challenge required painful personnel decisions regarding reappointment, promotion, and tenure, and required political support from the administration. Billings (2/13/95) 6-10, 11; see also Nance (2/6/95) 39-40. 112. UAH's College of Administrative Science received no special funding from the University for the purpose of enhancing its programs to meet accreditation standards building to house Administrative Science programs, completed in 1990, was financed by means of a bond issue; the debt is serviced from student tuition revenues. Billings (2/13/95) 11; Quick (3/20/91) 8-9; 90 950. 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 30/195 UAH's Education Program 113. The Court's previous findings regarding UAH's teacher education program are found at Knight, 787 F. Supp. at 1322-24, \u00b6\u00b6 1675-93. 114. The teacher education and certification program at remains a strong, but narrowly focused and very small, one. Ellis (2/14/95), in passim. 115. The education program participates in various institutes, consortiums and other programs, combining teacher education with UAH's strength in science, and make an 294 important contribution to teacher training in Alabama. Ellis (2/14/95) 16-24. Findings Regarding Nursing at 116 offers nursing programs at the baccalaureate and masters levels. The undergraduate program is approved by the Alabama Board of Nursing, a state regulatory body which must approve programs leading to initial licensure. Both the baccalaureate and the master's programs are accredited by the National League for Nursing. Raines (2/13/95) 3, 6; 95 742, p. 224; 95 1135; 95 1137; 95 1136. 117. The curriculum at the master's degree level specializes in the role of the family nurse practitioner in primary health care settings. The family nurse practitioner option has been expanded to include adult acute care. Raines, (2/13/95) 4-5; 95 1133, pp. 150-152. 118 has been training students in nursing for over 20 years. 95 1113, p. 3. When the Nursing program began, AAMU's then President wrote a letter expressing the support of his institution for such a program at UAH. 95 1116. Impracticability and Educational Unsoundness of Diminishing UAH's Programs 119. As the Court noted above is in a tight financial situation. Business 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 31/195 120. Business/management disciplines account for nearly one out of every four undergraduate and graduate degrees awarded by institutions of higher education in the country. Billings (2/13/95) 31-32; Owens (7/30/85) pp. 6656-57; Owens (3/26/91) p. 48. 121. At UAH, business and management degrees on the undergraduate level have constituted 23-29% of all undergraduate degrees awarded since 1990. On the graduate level, the masters of science in management (MSM) has contributed about 14% of all masters degrees awarded since 1990. On both levels, these percentages have declined a bit in recent years. Billings (2/13/95) 32. 122. Students in the undergraduate business programs at provide enrollment for, and generate credit hours in, courses outside the College of Administrative Science. Students take forty-one percent of required courses outside the College; almost all of such courses are prescribed and are in the Colleges of Liberal Arts and Science. An additional 5% of course work may be taken in the latter colleges as free electives. Billings (2/13/95) 33; 95 742, pp. 83-86. 123. Enrollments in the College of Administrative Science provide with over $1.53 million in tuition and fees each year, about 11% of all tuition and fee revenue. 95 1158. 124. Approximately 13% of the enrollment in the College of Administrative Science are black students. At the undergraduate level, black students make up 14% of the enrollment. This compares with an black enrollment of about 8% overall for UAH. Nineteen percent of all black students at are in the College of Administrative Science. The College is a major contributor to the presence of black students at UAH. Billings (2/13/95) 35. 125. The largest undergraduate major in the College of Administrative Science is accounting, which has more than twice as many students as the next largest major, management information systems. On the undergraduate level, over one out of every three students enrolled in the College and over one out of every three degrees awarded is in accounting. Billings (2/13/95) 27-28; 95 1131, pp. 1-2. 126. The Court finds that it is not educationally sound or practicable to transfer business programs from to AAMU. See, infra, \u00b6\u00b6 311-316. 127. The Court finds that it is not educationally sound to prevent UAH, which currently offers undergraduate accounting programs, from offering a master's, because such a preclusion would decimate the undergraduate program. Blow (2/8/95) 39; Billings (2/13/95) 47. [6] 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 32/195 295 128. The Court finds, in light of the investment made by for accreditation, and the importance of UAH's business and accounting programs, it is neither educationally sound nor practicable to prevent from offering a Master's in Accountancy. The Court also finds that decimation of UAH's business programs would significantly diminish UAH's black enrollment. 129 and are currently working toward a cooperative master's in business wherein students are required to take a quarter of the required courses at the other institution. Billings (2/13/95) 45-49. 130. As noted below intends to seek accreditation and should implement the cooperative program, and, in order to minimize the financial burden, seek approval from for such cooperative programs. Education 131. UAH's teacher education program is important to the school's mission as a university. Ellis (2/14/95). Moveover, given the small extent and specialized nature of the program, the Court finds that it would have no desegregative effect if closed or transferred. Ellis (2/14/95) 14-15, 35-36. The Court also finds that transferring or closing UAH's program is not educationally sound in light of its contribution to the university. 132. The Court's 1991 remedial decree granting all new teacher education programs in Huntsville to over the term of the decree will further desegregate without requiring the impairment of the teacher education program. Ellis (2/14/95) 38. Nursing 133. Nursing is one of the most important undergraduate programs at in terms of enrollment and degrees awarded. For 1993-94, nursing ranked first among all undergraduate majors in degrees awarded, comprising nearly 20% of the total. In the Fall of 1994, it had the second largest enrollment of all undergraduate programs. Raines (2/13/95) 6-7. 134. The master's program currently enrolls 101 students, making it, from year to year, the third or fourth largest graduate program at the University. Nursing represents [7] 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 33/195 approximately 10.5% of all master's degrees awarded at UAH. Raines (2/13/95) 6-7. 135. The nursing program has been successful in attracting black students both into nursing and to UAH. Black students make up about 15% of enrollment in the undergraduate program in nursing, as compared to a percentage nationwide of 8-9%. Over the past five years, 20% of all degrees, undergraduate and graduate, awarded to black students at have been in nursing. Raines (2/13/95) 7-9. 136. The College of Nursing has been a major contributor to diversity in UAH's faculty. The College currently has two black faculty members and over 28% of all female faculty at UAH. Female faculty from the College have played significant roles in campus leadership and service (for example, serving as Faculty Senate president and vice-president). Raines (2/13/95) 9-12; 95 1140. 137. The College of Nursing requires sites (hospitals, nursing homes, long term care facilities, etc.) for students to obtain clinical training. Because the University has no comprehensive health care facility, it must arrange for the use of clinical facilities and sites in the community, the surrounding area, and even outside the area as far as Tennessee currently has contractual relationships with about 170 health care providers for clinical sites. These contracts are institutionally based and are in the name of the University. The relationships are important and delicate, and a great deal of time has been invested in establishing and maintaining them. Raines (2/13/95) 31-33; 95 1139. 296 138. Students in the College of Nursing pay over $1 million in tuition and fees to each year, representing approximately 8% of all tuition received. Raines (2/13/95) 30, 46, 64; 95 1158. 139. Students in the nursing undergraduate program take about 46% of their course work (a minimum of 59 hours) in the Colleges of Liberal Arts and Science (and may take an additional 6 hours of electives in those Colleges). Loss of nursing students at would result in the loss of 3,000 to 4,000 credit hours generated in the latter programs outside the College of Nursing and the loss of a corresponding amount of tuition and fees which supports these programs. Raines (2/13/95) 30; Franz (3/13/95) 37-38; 95 742, p. 227. 140. The Court concludes that, because of the institutional investment of in nursing, and the importance of nursing to that institution, it is neither educationally sound, nor practicable to close or attempt transfer of UAH's nursing programs. 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 34/195 Alabama University Enrollment Generally 141. The latest complete data available to the Court (from Spring 1994) shows that has 4,108 undergraduate students broken down by race and alienage as follows: 3,699 black students from the United States, 160 foreign black students, 118 white students from the United States, 1 foreign white student; 29 other students from the United States, and 110 foreign other students. By percentage, AAMU's undergraduate population is 2.89% white, 93.93% black, and 3.16% other. 95 1093. 142. The latest complete data available to the Court (from Spring 1994) shows that has 1,371 graduate students broken down by race and alienage as follows: 460 black students from the United States, 82 foreign black students, 640 white students from the United States, 5 foreign white students, 14 other students from the United States, and 170 foreign other students. By percentage, AAMU's graduate population is 47.0% white, 39.5% black, and 13.4% other. 95 1093. Teacher Education 143 has a strong and growing teacher education program, enrolling 1382 students in fall 1994. 95 339, p. 52; 95 344KK. 144. Since the late 1970's, white students received more than half of the graduate degrees awarded in teacher education at & M: in 1975-76, 55%; in 1976-77, 67.5%; in 1978-79, 53%; in 1980-81, 53%; in 1982-83, 54%; in 1984-85, 46%; in 1986-97, 69.5%; in 1988-89, 56.6%; and in 1992-93, 69.9%. In terms of enrollment, the percentage of white graduate students enrolled in teacher education programs at in the Fall of 1994 was just over 61%. 95 344KK; 85 682; 90 634, p. 30; 90 636, p. 14; 90 638, p. 14; 95 186. Instability in Leadership at 145. During the last eleven years, approximately the amount of time this case has been in active litigation has had six Presidents. The Court's Monitor has recently informed the Court that the current president, Dr. David Henson, has resigned effective August 1995. [8] 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 35/195 Of Business, Bonds, and Buildings at 146. AAMU's business program is not currently accredited by either accrediting agency. Caples (3/1/95) 40. 147 has begun construction of a facility for its business program as a first step toward accreditation. Caples (3/1/95) 40. 148. On March 30, 1995 AAMU's Board of Trustees approved the issuance of Revenue Bonds worth $46,240,000. The stated use for these bond revenues include: (1) approximately $19 million to construct, furnish and equip a new dormitory (referred to as a \"living/learning complex\"), which includes a cafeteria and banquet hall; (2) approximately $11.6 million to construct, furnish and equip a new stadium (referred to as a \"outdoor physical education complex\"), 297 which includes luxury skyboxes; (3) approximately $4.7 million to construct, furnish and equip a new business school; (4) $525,000 to improve the electrical wiring of certain other facilities; (5) $672,732 to pay off a previous revenue bond; (6) $5,933,427 to pay capitalized interest; (7) $1,314,200 to pay issuance costs. 149. This bond issue put AAMU, for all practical purposes, at the institution's debt capacity. Gibson (5/31/95) Tr. 30-31. 150 has several older dormitories in need of repairs, with the total cost of repairs nearing $18 million. Gibson (5/31/95) Tr. 37. 151. The Court finds that the bond issue clearly demonstrates AAMU's skewed priorities in light of this litigation, and shows an apparent unwillingness to assist the Court or the state in remedying the current effects of segregation. To spend almost twenty million on a single new dorm when several older dorms need repairs costing an estimated eighteen million dollars, and over eleven million dollars on a new stadium while asking this Court to require the state to pay millions of dollars to create an engineering program is arrogant and irresponsible. 152. The Court heard a great deal of testimony regarding AAMU's desire to attract and serve local non-traditional students. However, the great bulk of the bond money was spent on projects, the dorm and stadium, that do nothing to assist that expressed desire. [9] 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 36/195 153. The record clearly demonstrates that generally HBIs' stigma of inferiority lies in the areas of academics and physical plant, not dorm and athletic facilities. At AAMU, the Court previously awarded capital expenditures to remedy the physical plant, Knight, 787 F. Supp. at 1283. 154. The testimony of the three trustees clearly shows that the bonds were intended to benefit AAMU's undergraduate residential students and alumni, the vast majority of whom are black. McNair, Holms, Riggins (5/31/95) Tr. 72-86. 155. The Court concludes that the officials at clearly believe wrongly that the stadium and new dorm will enhance its image more than a new engineering school. The Court notes that the bond issue was approved long after discovery was complete and two weeks after evidence originally closed. In other words, AAMU's Board of Trustees knew, or should have known, what the evidence in this case showed, and thus what their institution required in this litigation. 156. The administration at show a propensity to build new buildings and allow older buildings to deteriorate. In particular built a new dorm in the early 1990's and is planning to build a new dorm with the bond issue, but testified that several of their dorms are in great disrepair. Gibson (5/31/95) Tr. 15, 35-39. See also supra, \u00b6 417 regarding the new College of Agriculture building. 157. Notwithstanding these criticisms, the Court is decreeing new programs and expenditures at (and ASU). The Court, however, has placed checks and controls in the decree in order to avoid misuse of Court-awarded relief. Calhoun State Community College Enrollment 158. Headcount enrollment figures for for the last three years are as follows: Fall 1992 8,070; Fall 1993 7,899; and Fall 1994 7249. 95 1067, p. E-1; 95 747 enrollment figures for Fall 1992 and Fall 1993, are 5,770 and 5,467 respectively. 159. CSCC's president, Dr. Richard Carpenter, testified based upon the Fall 1993 numbers that CSCC, including both Decatur and Huntsville, had about 8,000 students. Of those 8000, approximately 4,000 came from Madison County, and of those 4000, approximately 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 37/195 2,600 attended classes primarily at 298 the Mall location in Huntsville (CSCC-H). Carpenter (3/24/94) Tr. 696-97. In fact, 98% of the students attending are from Madison County. 160. Dr. Carpenter stated that he would not expect the other 1400 Madison County residents to switch to attending classes in Huntsville when moved to the AcuStar building because those 1400 tend to be day students and the Huntsville branch will continue offering only evening and weekend classes. Carpenter (3/24/94) Tr. 697-98. The Acustar Facility 161. The Acustar facility is a large building, purchased by to relocate it Huntsville operation. Carpenter (3/24/94) Tr. 662-63. 162 current facilities, known as the Mall location, are leased facilities, and are in great disrepair. Woolf (3/24/94) Tr. 614-616; Carpenter (3/24/94) Tr. 663. 163. CSCC's President and the Dean of Instruction both testified that CSCC-H's relocation to Acustar is merely to improve their facilities and delivery, and not for expansion. Kuzmicic (3/24/94) Tr. 627; Carpenter (3/24/94) Tr. 666. Moreover, the President agreed that, if the Court were concerned about expansion would \"comply with whatever assurances the Court needs that [expansion] is not ... our plan.\" Carpenter (3/24/94) Tr. 666. President Carpenter also agreed to guarantee to not offer day courses in Huntsville. Carpenter (3/24/94) Tr. 689 student cannot earn a degree by only attending in Huntsville, and President Carpenter assured the Court that that would not change after the relocation to Acustar. Carpenter (3/24/94) Tr. 697. 164. In addition to CSCC-H's programs, the Acustar facility, will also house a United State Army Missile Command computer conferencing center; the North Alabama Science Center for hands-on scientific demonstrations for K-12 students; and a small business incubator intended to help spin off some federally developed high technology for commercial uses. Carpenter (3/24/94) Tr. 652, 656-59. These other entities, instead of paying rent, are renovating their own space, as well as the common areas. Carpenter (3/24/94) Tr. 669. 165 is a member of the North Alabama Science Center. Carpenter (3/24/94) Tr. 667 is also a member of the Northeast Alabama Regional Small Business Development Center, which is a partner with in the small business incubator. 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 38/195 Carpenter (3/24/94) Tr. 659, 660 also has a relationship with MICOM. Carpenter (3/24/94) Tr. 667. 166. Dr. Carpenter emphasized that was welcome to participate in any activities at the Acustar building, as well as teach classes in the facility. Carpenter (3/24/94) Tr. 667- 68 could also teach classes there during the day. Carpenter (3/24/94) Tr. 668. 167. The Court makes additional findings regarding the relationship between and in the Remedial Considerations section below. The Montgomery Situation Previous Findings 168. The Court previously found that and were substantially different from an institutional perspective. Knight, 787 F. Supp. at 1329-30, \u00b6\u00b6 1751-57. 169. In the previous trial, the evidence was insufficient to perform a detailed programmatic comparison of and AUM; the Court, however, concluded that The evidence is sufficient [], for the Court to find that the programs in education and business are sufficiently similar so that it has a negative impact on the ability of to desegregate. Conversely, however, the duplication also enables to maintain the high enrollment of black students at its institution. The Court would work a great disservice on the State of Alabama were it to prohibit or from offering either or both of the programs under consideration. The burden to desegregate cannot fall unfairly on one particular race. To eliminate a high demand program at in the expectation that ASU's white student enrollment would increase might very well have a segregative effect on without the corresponding 299 benefit to ASU. Particularly so, given the significant differences in the level of academic preparation between the student bodies of and ASU. Knight, 787 F. Supp. at 1330, \u00b6 1758; see also Alabama State Teachers Ass'n. v. Alabama Public School and College Auth., 289 F. Supp. 784 (M.D.Ala.1968), aff'd, 393 U.S. 400, 89 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 39/195 S. Ct. 681, 21 L. Ed. 2d 631 (1969) (per curiam). 170. These findings remain correct in light of the evidence presented during the rehearing. Enarson (2/21/95) 184; Fleming (2/22/95) 111; Wharton (3/14/95) 8; 95 237, tbl 28; 95 237, tbl 29; 95 237, tbl 30; 95 237, tbl 31. 171. The Court previously found that the Consent Decree entered between and the United States, wherein gave up several programs, rendered moot the issue of duplication between and TSUM. Knight, 787 F. Supp. at 1331, \u00b6 1761. Joint and Cooperative Programs and 172. After the Court adopted the Consent Decree in the 1991 Order, TSUM's then President wrote ASU's then President advising him of the provisions of the Decree regarding cooperative agreements and expressing the hope that they could meet to discuss those matters. Steptoe (3-7-95) 5. They met on February 11, 1992. Steptoe (3-7-95) 8. 173. After sent a draft cooperative program, TSUM's then Vice President for Academic Affairs notified that discussion would be suspended because appealed the Court's 1991 Order. Steptoe (3/7/95) 17. However, a few weeks later, on May 4, 1992, TSUM's then President wrote to ASU's then Interim President asking that he contact him so they could move forward with the matter. ASU's Vice President for Academic Affairs testified that he was not aware of that communication, but it is undisputed that the letter was receipted for. Steptoe (3/7/95) 125; 95 145; McGaha (3/16/95) 23. 174. After becoming President in 1992, Dr. Glenda McGaha called ASU's then Interim President twice without receiving a return call. She then contacted ASU's Academic Vice President, Dr. Steptoe, and met with him at ASU. Dr. Steptoe told Dr. McGaha that, because had an Interim President and the future leadership was uncertain would take no action with regard to cooperative programs above the level of Academic Vice President. McGaha (2/8/95) 53-54. 175. After Dr. Harris became ASU's President in June 1994, President McGaha wrote him on June 2, 1994 suggesting that cooperative program negotiations resume. Steptoe (3/7/95) 21; McGaha (2/8/95) 55. 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 40/195 176. Meetings regarding cooperative programming resumed in August 1994 between ASU's Vice President for Academic Affairs and TSUM's Vice President for Academic Affairs. Alexander (2/8/95) 3. 177 draft of the cross-enrollment program prepared by has been presented to ASU. The hope is to have it implemented by Fall 1995. Alexander (2/8/95) 3-4; Steptoe (3/7/95) 24 and 178. The 1991 Remedial Decree envisioned joint or cooperative programs between and in the areas of education and business, and a Committee of Cooperation was created in Montgomery to foster this process. Knight, 787 F. Supp. at 1330, \u00b6 1760. 179. Beginning with a pilot program, a number of joint and cooperative efforts between these two schools have taken place beginning with the 1993-94 school year. For example, in the Business area received sole responsibility for a Money and Banking course and an Investment course, while received sole responsibility for an Insurance course and a Real Estate Finance course. In Education received sole responsibility for a Reading Education course and Elementary School Curriculum course, while received sole responsibility for a Social Studies Education course and a Remedial Reading Education course. All students seeking a B.S. in Finance from either 300 institution must take the above business courses, while the above education courses are mandatory for all students seeking an M.Ed. in Elementary Education. 95 51, pp. 7-9. In this limited way, the B.S. in Finance and the M.Ed. in Elementary Education are cooperative degree programs. 180. Officials at and their counterparts at have met many times to develop this program. Wooding (3/14/95) 32-33; Steptoe (3/7/95) 103-04. The fact that is on the semester system, while is on the quarter system has created no major problems. Wooding (3/14/95) 33. The Montgomery Committee on Cooperation reported on these efforts, and its report has been accepted by the Court. 95 51; Order of October 21, 1992. 181. In addition to the mandatory cross-enrollment programs described in ASU's 1995 Exhibit 51, the two schools have encouraged voluntary cross-enrollment of students. Wooding (3/14/95) 31-32; 95 53. As of Spring 1995, 30 students are taking [10] 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 41/195 courses on the campus, while 54 students are taking courses on the campus. 95 55. In the last two academic years, a total of 228 students have cross-enrolled at AUM, and 213 students have cross-enrolled at ASU. 95 54; 95 55; Nance (2/7/95) 77-79. 182. Joint and cooperative courses can be useful in supporting other program remedies. St. John (3/16/95) 29-30; Conrad (2/28/95) 28-29. In Montgomery, they can serve a useful purpose in acquainting white Montgomery residents with the campus and offerings. Nance (2/6/95) 85; Steptoe (3/7/95) 62. 183. AUM's President, Dr. Saigo expressed the view that both he and Dr. Harris of are committed to a cooperative and productive relationship between the two institutions, for the benefit of the institutions and Montgomery. Saigo (3/15/95) 15-16. 184. The Court applauds the efforts now being made in Montgomery, and encourages ASU, AUM, and TSUM, to continue the joint and cooperative efforts. 185. During testimony, AUM's officials suggested several possible joint programs, between and ASU. These include a Ph.D. in special education, and master's program in nursing (with an emphasis in the rural health field), music, social work, and a faculty exchange in allied health areas. Nance (2/6/95) 75, 83-85; Greniewicki (2/15/95) 35-37. 186. The Court, in the remedial decree, directs the Long-Term Planning and Oversight Committee at to consider these joint programs as possible desegregative remedies that will conserve financial resources. Troy State University in Montgomery 187. The Court previously found Pursuant to the Memorandum of Agreement opened in 1965 as a racially integrated institution has no history as either a de jure or de facto segregated institution. African-American students constituted approximately 25% of the enrollment in the spring quarter of 1965, the first 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 42/195 session conducted by in Montgomery. Hardwick, (3/18/91) 3-4 \u00b6 167; Stewart (3/18/91) 6-7. Knight, 787 F. Supp. at 1127, \u00b6 430. This finding, however, does not end the Court's inquiry on remand. 188. Blacks represent 29.6% of the student enrollment at as of Fall 1994, and with the exception of Livingston University has the highest representation of black students of all of the PWI's in the State. 95 95; 95 96; McGaha (2/8/95) 42- 43. 189. The racial composition of TSUM's student enrollment is approximately the same as the racial composition of the three county area (Montgomery, Autauga, and Elmore Counties) from which most of Troy Montgomery's students come. McGaha (2/8/95) 43. 301 190 exclusively serves nontraditional students, also referred to as adult learners. McGaha (2/8/95) 10; Allbritten (2/7/95) 4-5. 191. The United States' expert witness testified regarding non-traditional students think it's a pool of students that has to and should be expanded and to the degree we expand that pool then we'll need the slots in historically black and historically white colleges that will serve the need of those students.\" Allen (3/9/95) 72. 192. Differences, other than age, exist between non-traditional age students and traditional age students in terms of the educational process. Generally older students are more mature, more focused on the task at hand, and present a greater challenge to the instructor. Courses for adult learners can move at a more rigid pace, and a higher level of performance can be expected. Jordan (3/8/95) 55-56. 193. Teaching methods differ as between traditional age students and non-traditional age students. The method used with traditional age students is known as pedagogy (from the Greek origin of \"leading the child\"). The method used at is andragogy (from the Greek origin of \"leading the adult\"). McGaha (2/8/95) 23. 194. Adults \"are not concerned about anything that doesn't directly relate to their academic experiences.\" McGaha (2/8/95) 21. For example seeks remedial funds to obtain, inter alia, 2 banquet rooms, 2 private dining rooms, a ballroom, television lounges, a recreation room with pool tables, tennis tables, game tables, video and pinball machines, and 5 bowling lanes Remedy Proposal, Programs and Facilities Needs Assessment 38-39. It [11] 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 43/195 is undisputed that such facilities would be of no interest to adult learners. McGaha (2/8/95) 22. 195. An institution which serves adult learners must provide flexible scheduling, creative educational delivery systems, and be willing to treat the adult students with respect and value the experience they bring to the classroom and to the university. Martindale-Stanton (2/8/95) 3. 196. One example of flexibility and convenience is that imposes no deadline for applications before start of classes. Student may turn in applications up until the end of the second day of class. Martindale-Stanton (2/8/95) 7. 197 does not seek high school students, and refers them to the area colleges (including ASU), which serve traditional age students. Martindale-Stanton (2/8/95) 5-6. 198 major deterrent to adults returning to the classroom is a lack of confidence or fear of embarrassment due to feeling \"out of place\" with younger students attempts to eliminate this deterrent by assuring them that the mission of the institution is focused on meeting the needs of adults and that the majority of the students in their classes will be adults with similar experiences and responsibilities. Martindale-Stanton (2/8/95) 9. 199. The Executive Director of the American Association for Adult and Continuing Education testified that an institution which specializes in the education of adults better serves the educational needs of non-traditional age students than a comprehensive or general purpose university. 95 77; Allbritten (2/7/95) 3. 200. ASU's president, on the other hand, believes that \"there is nothing unique about students who have jobs full time and go to school on a regular basis.\" Harris (3/14/95) 39. 201 failed to demonstrate any desire until the Summer of 1994 to attract nontraditional students. In the Summer of 1994 hired a Director of Continuing Education and Community Services and published its first catalogue which included a section of \"Evening and Weekend Studies.\" Steptoe (3/7/95) 93-94; McGaha (2/8/95) 10- 11; Fleming (2/22/95) 130. During the trial established only that this Director was white, but did not establish any other qualifications, 302 or institutional initiatives, other than continuing an informal study. Steptoe (3/7/95) 93, 113-14. 202. Moreover, the percentage of evening and weekend classes offered by have been declining while total enrollment has been increasing. Steptoe (3/7/95) 119; 95 132; 95 133; McGaha (3/16/95) 4-5. 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 44/195 203. Many of ASU's evening and weekend courses are graduate courses. 95 132; 95 133. 204. Institutions which primarily serve traditional age students tend to treat the education of adults as subordinate, having a lesser importance and role. Allbritten (2/7/95) 8-9. In addition to the above, another symptom of such an attitude is that adjunct faculty are less appreciated. Allbritten (2/7/95) 17-18. 205. Adjunct faculty at serve an important and primary role, bringing to the classroom current practical experience in the real world, combined with academic credentials, which blend effectively to serve the working adult student population at that institution. Alexander (2/8/95) 6; Edwards (2/8/95). 206 saves substantial faculty costs by using adjunct faculty to teach almost half its courses has 140 adjunct faculty and 33 full time faculty full time faculty member makes about $40,000 in salary, and teaches 9 courses per year. The adjunct faculty are paid approximately $1,300 per course and, and therefore the same 9 courses cost, in terms of salary, only $11,270. Edwards (2/8/95). Courses Relinquished by in Consent Decree 207. As noted supra, \u00b6 171, the consent decree between the United States and remedies unnecessary course duplication between and ASU. 208. Under the terms of the Consent Decree relinquished 23 degree programs. The average enrollment in the programs was 464. 95 140; McGaha (3/16/95) 15. There were 869 students with declared majors in the relinquished programs that did not return to after Fall 1991. 95 141; McGaha (3/16/95) 15-16. Although some of those students left for reasons other than program relinquishment, some number of those students left because of the program discontinuance. McGaha (3/16/95) 15-16. 209. In Montgomery primarily competes with private institutions for nontraditional age students, including Huntington College and Faulkner University, which are not parties to this litigation. McGaha (2/8/95) 33. 210. The record strongly indicates that Faulkner University, and not ASU, was the primary beneficiary of the Consent Decree entered into by and the United States. 95 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 45/195 94; McGaha (2/8/95) 37-38; 95 84, p. 2; 95 66; 95 67; Wooding (3/14/95) 48-49, 54, 62. Distance Learning at Troy State 211. The educational system in this Country is increasingly moving toward taking courses and earning degrees through \"distance learning,\" including the use of television and computers. Wagner (2/8/95) 8, 15; Enarson (2/21/95) 169. 212. The educational field is entering a revolutionary era because of advances in electronic technology, leading one expert witnesses to state, \"the issues you're dealing with right now in the next five or ten years are going to be meaningless, because [with] technology people are going to sit there at home and take courses from home or work and tap into whatever college they want....\" Allbritten (2/7/95) 27. 213 operates a distance learning program which, at the time of the trial, had 580 students taking courses by cable television. Wagner (2/8/95) 8. 214. In the past had a cable channel but failed to use it for the delivery of courses, and the channel was removed from operation in 1994. Wagner (2/8/95) 13-14. 215. It is possible to obtain degrees exclusively through distance learning at TSUM. Wagner (2/8/95) 19. 216. TSUM's distance education program should not be moved to because of the 303 problems of obtaining adequate attention to distance learning by a university with multiple focuses. Wagner (2/8/95) 27. This finding is especially pertinent because recently gave up a cable channel. Degrees Awarded at and 217. In academic year 1993-94 graduated more students than although has many more total students. Specifically, over the past six years, relative to has averaged almost two and a half times higher enrollment, over one and a half times higher headcount enrollment, but awarded almost the same number of degrees. 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 46/195 218. The following charts display enrollment, headcount enrollment, and total degrees awarded at and for the last six years FTEs 88-89 89-90 90-91 91-92 92-93 93-94 Ave 3426 3791 3761 4093 4930 5046 4175 1464 1634 1566 1853 1952 2011 1747 1005 1006 88-89 89-90 90-91 91-92 92-93 93-94 Ave 4045 4456 4587 4822 5488 5608 4834 2634 2833 2736 3193 3331 3469 3033 1005 1006 88-89 89-90 90- 91 91-92 92-93 93-94 Ave 418 305 386 353 419 470 392 365 370 335 412 363 481 388 1005 1006; Harris (3/14/95) 68-69. 219. TSUM, since 1988 has received, on average, $15 million to $17 million less in appropriations than ASU. See 95 1001; 95 1002; 95 1003; 95 1004; 95 1067. Alabama State University 220. This Court was instructed to \"determine whether the limited missions, alone or in combination with other policies, continue to have segregative effects on student choice.\" Knight, 14 F.3d at 1546. While the limited missions have had some effect and its leaders, through acts or omissions, have adversely affected that institution's ability to attract other-race students. The Court has set out some problematic conduct in previous findings such as the loss of the cable channel, and reluctance to cooperate prior to Dr. Harris' hiring. 221. The ultimate result of these self-inflicted wounds at is clearly demonstrated by the fact that has 23.4 percent other-race enrollment, while lags behind at 3.3 percent. 95 1037; see also Knight (2/16/95) 81-82. 222. In 1992 developed a plan called Project Threshold to recruit white students. Steptoe (3/7/95) 59. ASU's president acknowledged that at least through February 1995, Project Threshold was not being implemented in a meaningful way. Harris (3/14/95) 47- 48. 223. Until hired Dr. Harris as president on June 1, 1994 was not making a good faith attempt to comply with this Court's 1991 directive to \"develop and implement a plan [12] 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 47/195 to recruit white students to its campus.\" Becton (2/23/95) 99; see Knight, 787 F. Supp. at 1291, \u00b6 1437, 1380 A. 304 224. ASU's 1990 Annual Planning Document submitted to included a goal \" [t]o increase the current non-Black enrollment by ten percent per year through 1994.\" 95 138. The 1991 Annual Planning Document the goal \"[t]o increase the current non- Black enrollment by five percent per year.\" 95 139. ASU's witnesses never explained why their goal dropped after the 1990-91 trial, and before the Decree. Enrollment 225. In Fall 1994 had a total enrollment of 5,037, of which 4872 (96.72%) were black, 122 (2.42%) were white, and 43 (0.85%) were other. 95 33, 95 1037. 226. In Spring 1995, ASU's undergraduate enrollment consisted of 4459 (97.25%) black, 87 (1.89%) white, and 39 (0.89%) other. In Spring 1995, ASU's graduate enrollment consisted of 452 (81.58%) black, 94 (16.96%) white, and 8 (1.44%) other. Combined had a total enrollment of 5139, of which 4911 (95.56%) were black, 181 (3.52%) were white, and 47 (0.9%) were other. Response of Alabama State University to Court's Request, attachment b Censure 227. The American Association of University Professors (AAUP) placed on its censure list in 1989. 95 18; Steptoe (3/7/95) 141. 228. Censure negatively influences the ability of a university to attract faculty members, which has serious collateral consequences because faculty are an institution's best recruiters. Allen (3/9/95) 98. 229. ASU's attitude for the five years following censure was disinterest in being removed from the censure list. Steptoe (3/7/95) 142. ASU's chief academic officer earlier testified in this case that \"the administration of Alabama State University is not interested in whether or not our institution is on the censure list, we may place them on our censure list.\" Steptoe (3/7/95) 142-143. 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 48/195 230. ASU's current President considers the censure to be a matter of grave moment and testified he intended to have the University removed from the censure list. Harris (3/14/95) 67. 231. However, no substantial action has been taken to have removed from the censure list. President Harris received correspondence dated July 20, 1994 from the Coordinator of the American Association of University Professors, who stated that he \"would very much welcome the opportunity to meet ... and discuss the task before us to continue the process that hopefully will culminate in the removal of censure from Alabama State University.\" 95 126; Harris (3/14/95) 71. No action, other than correspondence, has taken place with regard to removal from the censure list since the July 1994 letter. Harris (3/14/95) 71. Negative Media Coverage 232. An will lose other-race students as a result of negative media coverage of the institution. Leslie (3/1/95) 116-117. Negative media coverage of an serves as a barrier to the institution attracting other-race students. Leslie (3/1/95) 117. 233 is losing white students because of negative coverage in the local media. Allen (3/9/95) 93. Since 1992, the negative coverage includes: a Faculty Senate resolution of no confidence in the Chairman of the Board of Trustees, Knight (2/16/95) 78; a faculty news release in 1992 referring to a media report by as a \"tissue of misrepresentations,\" Knight (2/16/95) 78; picketing in October 1994 by faculty members for better working conditions, Knight (2/16/95) 78; in April 1994 about having failed to pay the premium on health insurance for the faculty, Knight (2/16/95) 78-79; in 1994 concerning a 257% increase in the student activity fee at ASU, Knight (2/16/95) 79; in October 1994 about having failed to adopt a budget on the last day a budget could be adopted, Knight (2/16/95) 82-83; concerning allegations by Dr. Linnelle Finley regarding his termination for protesting unfair treatment of white faculty, Knight (2/16/95) 83-84; considerable press coverage of the trial in a lawsuit by Dr. Longmire, including the jury verdict against the then President, and the 305 Chairman of the Board of Trustees, for sexual harassment, Knight (2/16/95) 84; and concerning student deaths at ASU. Knight (2/16/95) 85. 234. Such problems give a perception of poor leadership, which negatively effects the desegregation process. Leslie (3/1/95) 117-18. An expert witness for the United States [13] [14] [15] 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 49/195 agreed that it does not aid desegregation efforts for the Chairman of ASU's Board of Trustees to make comments such as white folks didn't have any business choosing the leadership of the black political organizations in Alabama. Leslie (3/1/95) 119. 235. The name Plaintiff, John Knight, is ASU's Director of Communications and Public Affairs. Knight (2/15/95) 4-5. The Court would expect Mr. Knight to do everything possible to assist in eliminating or countering the negative publicity. State Employee Training 236. Many of Alabama's state employee training provisions that do not require special accreditation or are not handled by outside vendors are bid to institutions on a competitive basis. Harris (3/14/95) 76. 237 began bidding on those programs for the 1992-93 school year. The State was sufficiently impressed to request to double the number of programs offered to state employees in 1993-94. Harris (3/14/95) 76-77. Accounting at Auburn University in Montgomery and Alabama State University 238. The nature and importance of, and the expense and difficulty associated with, achieving accreditation are set forth supra at \u00b6\u00b6 103-106. 239. AUM's business program is accredited by at both the undergraduate and graduate levels. Nance (2/6/95) 37-38. 240. AUM's expensive and difficult effort to achieve accreditation began in earnest in the early 1980's. At that time the institution was forced to make some hard decisions regarding resource use to position the institution for a favorable review required eight years to gain accreditation, which came initially in 1988 and was reconfirmed in 1994. Nance (2/6/95) 39-40; see Billings (2/13/95) 80-85. 241. Until the early 1980's AUM's business faculty was primarily a teaching faculty and not substantially involved in scholarly research and publication. Nance (2/6/95) 40. 242. To secure accreditation was required to re-create its business faculty. The process necessitated both hiring additional faculty who brought a strong research [16] [17] 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 50/195 ethic, and making difficult tenure and promotion decisions to eliminate unproductive faculty has reshaped its business faculty in the last 15 years, resulting in a very different kind of faculty than existed before sought accreditation. Nance (2/6/95) 40; see Billings (2/13/95) 7-8. 243. Most of AUM's 50 permanent business faculty hold terminal degrees, and are productive, active in professional organizations, professionally competitive, and highly mobile. Nance (2/6/95) 41-45; 95 714; 95 715; 95 716; 95 717. 244. In positioning itself for accreditation sacrificed a healthy and viable master's program in information systems. Nance (2/6/95) 40-41. 245. AUM's program includes six areas of concentration: the general MBA, finance, personnel management, accounting, information systems, and nursing administration. Nance (2/6/95) 37; 95 710, pp. 46-52; 95 711; 95 712. AUM, however, does not offer a Master's of Accounting. See 95 799, p. 19; 95 20, p. 3. 306 246. At the time of the 1991 trial, ASU's undergraduate business program was not accredited. Effective May 1993, the program became accredited by the ACBSP. Steptoe (3/7/95) 106. 247. The respective faculties demonstrate the differences in the emphases of the and business programs. Almost all faculty have terminal degrees and are heavily engaged in research and publication as well as teaching, while ASU's business faculty are less likely to have terminal degrees and place significantly less emphasis on research and publication. Nance (2/6/95) 41-42; 95 376, 378, 714. 248. If the program was transferred from to ASU, the accreditation would be lost and would not follow the program. The \"receiving\" institution would be required to go without or seek accreditation. Nance (2/6/95) 41; 95 764; Billings (2/13/95) 55. 249. If AUM's program were closed or transferred would review AUM's undergraduate program to determine whether it could remain accredited. It is highly unlikely that such accreditation could be retained if a considerable portion of the terminally degreed business faculty were lost. Nance (2/6/95) 41; Billings (2/13/95) 9-10. 250. Almost half of AUM's business faculty teach both graduates and undergraduate. Nance (2/6/95) 33 709, p. 2. [18] 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 51/195 251. Loss of AUM's graduate programs would result in loss of faculty. Nance (2/6/95) 43- 44. 252. Loss of faculty would most likely result in loss of accreditation. Nance (2/6/95) 41. 253. In Fall 1994 AUM's School of Business had 1335 undergraduates or 26 percent of the total, and 218 candidates or 24 percent of the total graduates 707. 254. Of the 1335 undergraduates 333, or 25 percent, are accounting students 708. 255. The Court finds, in light of the investment made by for accreditation, and the importance of AUM's business and accounting programs, it is not educationally sound or practicable to prevent from offering its current program. 256. However, in order to allow an opportunity to develop a nonduplicated program in business that will assist in attracting other-race students, the Court concludes that shall not offer a Master's of Accountancy degree for five years, and shall have sole authority to offer such a degree in Montgomery during that period. Allied Health Programs in Montgomery 257 offers no programs in allied health. McGaha (2/8/95) 6. 258 offers one allied health program, in Medical Technology. 95 799, p. 19. AUM's president specifically offered to \"stand[] aside\" in the area of allied health to allow to build such programs. Saigo (3/15/95) 14-15. 259. Degrees in allied health areas have been identified by as areas for program development. Steptoe (3/7/95) 33; 95 140; 95 20. 260. Because, allied health fields are currently among the fastest growing, the Court concludes that ASU's development of quality programs in this area is educationally sound, practicable and desegregative. Conrad (2/28/95) 27; Blow (2/8/95) 18. Since the last trial has requested a role change in the allied health area, and officials and are currently cooperating to get those programs approved. Blow (2/8/95) 17-18. 261. The Court's remedial decree, in order to obviate snags in negotiations, directs the Long-Term Planning and Oversight Committee, ASU, and to implement appropriate quality programs in this area as soon as practicably possible. 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 52/195 Policies and Practices With Continuing Segregative Effects Proximate Institutions 262. The Court agrees with Dr. Leslie, \"that money is in itself nothing. It's only 307 what money enables an institution to do, and, of course, an institution can use that money very wisely or moderately wisely or whatever. But without money, it's almost impossible to do anything.\" Leslie (2/28/95) 6. 263. The State of Alabama allowed and in Huntsville, and and in Montgomery to move into geographic competition with and ASU, and failed to provide and with the resources to fairly compete with those institutions. Leslie (2/28/95) 36-37, 146; Sullivan (3/8/95) 5-6. Such failure was because of the State's prior practice of racial discrimination, and ASU's and AAMU's heritage as institutions which served black citizens. 264 and in Montgomery, and and in Huntsville insist that they do not compete with the and respectively, because they do not attract the same type of students. That the proximate HBIs and PWIs attract different pools of students is true, and in part proves the point. Had the state (as well as and AAMU) made and more competitive with AUM, TSUM, UAH, and CSCC-H, the two historically black institutions could compete for the same group of highly qualified students. 95 1, pp. 6-7; Allen (3/9/95) 29-30; Leslie (3/1/95) 153. 265. In Alabama, as in most states, funding for higher education is driven by formula, which in turn is determined by programs. Knight, 787 F. Supp. at 1200-08, \u00b6\u00b6 1044-88; Sullivan (3/8/95) 5-6. Programs and funding have a symbiotic relationship; programs require money, but money follows programs, both formula-driven state monies, as well as competitive monies. Sullivan (3/8/95) 5-6; Leslie (2/28/95) 146. 266. The Court finds that, although the State has funded and better than the other state institutions for at least the last twenty-five years, such funding has not yet put those institutions in the place they would have been but for their black heritage and the de jure system. Formula funding, like Alabama's system, is the effect of cumulative past history. Sullivan (3/8/95) 31. 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 53/195 267. In particular, the lack of funding and, the concomitant dearth of high quality and/or differentiated programs prevents white students who would otherwise attend an HBI, from choosing to do so. Becton (2/23/95) 63; Conrad (2/28/95) 5. General Becton believes that \"there will be some students who will not go to believe there will be other students who will attend & M. And think that once the state gets serious about the business of demonstrating to it is a quality institution, ..., that it will no longer be a concern of being a, quote, black institution, but a quality institution.\" Becton (2/23/95) 63. General Becton's statement applies with equal force to ASU. 268. Lacking at and is the reputation as an institution, equal in quality to the proximate institutions, resulting from higher levels of funding and programming. Consequently the underdevelopment hinders the in overcoming white students' and white parents' resistance to attending, or sending a child to, either or AAMU, especially when a high quality exists in the same locale. Conrad (2/28/95) 24-25; Jordan (3/8/95) 22. Funding 269. \"During the term of de jure segregation, the [PWIs] were better funded than the [HBIs] as a whole, and each [PWI] was better funded than either [HBI]. This was true not only for and AU, but for the white normal schools as well.\" Knight, 787 F. Supp. at 1209, \u00b6 1107; see also id. at 1209-1227. 270. \"During the years of de jure segregation, the PWIs were treated better with regard to special appropriations, dedicated funds such as fertilizer taxes, capital appropriations and capital bond issues, and other funds over which the state had control or influence, such as federal funds and charitable contributions.\" Id. at 1227, \u00b6 1114. 271. However, at the time of the last trial, ASU's and AAMU's percentage of [Regular Academic Programs] appropriation exceeded its percentage of total headcount or enrollment in public senior institutions. Knight, 787 F. Supp. at 1255-67. 308 272 and AAMU, from 1990-91 to 1993-94 experienced somewhat greater enrollment growth than other institutions, and because formula funding is based upon three year averages, the HBIs' funding relative to enrollment and credit hour production seemed to fall. However, once the 1994-95 appropriations are included in the calculus, this trend disappears. 95 1037. 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 54/195 273. The Court previously made the following findings: Since at least the end of de jure segregation [Educational and General] funding for students at and has been equal to that at comparable HWUs in Alabama. This conclusion is supported by the testimony of expert financial witnesses and by the documentary evidence introduced. At no time in the past or up to the present, however, have any funds been made available to assist and in overcoming the effects of discriminatory low funding so that they may adequately provide services to their students. During the period of de jure segregation of the public colleges and universities in Alabama the HBU's were discriminatorily underfunded when compared with HWU's. Since at least the mid-1950's funding by the State of Alabama for HBU's has improved and for a number of years State funding for and has been at least on a par with the public universities in Alabama that are comparable. When comparing funding of higher education in Alabama on a per student basis or basis students at and are not funded as well as the average for students attending Alabama's HWU's. This difference is, in part, the result of high cost programs at some of the HWU's which are not offered at the HBU's. In the most recent years, contrary to the wishes of the Governor of Alabama and and have been better financed on the basis or per student basis than comparable universities in Alabama. Noticeably, this condition has existed during the more active life of this litigation. 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 55/195 Funding provided by the State for the education of students at and has not allowed either of these institutions to provide an education to its students in a manner which has overcome the effect of past discriminatory under funding for the operation of HBUs and to provide an education today free from the stigma of past discrimination such as poor physical facilities and the tarnish of a reputation of lack of quality education. Knight, 787 F. Supp. at 1271, \u00b6\u00b6 1282-88. 274. The Court made the previous findings regarding the Funding Formula The Alabama formula is no exception [to the general rule that formulas are ultimately driven from some historic distribution of past resources]. The unit values that drive the formula emanate from the allocations and expenditures of the past 5, p. 33. One reason state appropriations per student are higher at the University of Alabama and Auburn University, is because they have higher enrollments in higher expenditure academic fields and academic levels 5, p. 33. The traditionally white universities possess far more of the high expenditure curricula and graduate programs. An institution with programs that have spent more money in the past will receive more money in the future 5, p. 33. Existing curricular distribution among institutions, plus enrollments, is what drives the formula. Typically larger institutions will enjoy economics of scale. Usually this will mean lower costs for educating a given student enrolled in a curriculum common to both the HBUs and HWUs. Smaller institutions typically will have less capability to educate students under a standard formula amount 5, p. 34. 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 56/195 The Alabama formula favors large, complex HWUs. The formula yields first an amount for instruction based upon institutional enrollments in accordance with weights. This amount, which favors institutions with historically higher expenditure curricula, serves as the base for subsequent formula categories. Under the formulas, 309 the more an institution receives in the instruction category, the more it will receive in most other categories 5, p. 34. The advantage of the formula to those Alabama institutions having the more complex curricula is extraordinary. The formula illustrates all the advantages of dollar compounding. Almost all formula category yields are compound values of instruction. The institutional support category yields 14 percent of amounts already compounded. In other words, institutional support is calculated as a compound amount of compounded amounts 5, p. 35. The institutions favored under the formula in Alabama receive another financial advantage in tuition. The institutions with the more complex curricula charge higher tuition; hence, they gain under a tuition adjustment factor in the formula. That factor reduces the overall formula dollar amount by 90 percent of the average state tuition. An institution charging high tuition is permitted to keep the tuition revenue above 90 percent average tuition and have its formula appropriation reduced by a lower average amount, while an institution charging low tuition will have its formula amount reduced as though it were receiving a higher tuition. These latter institutions, which include the HBUs, not only realize less tuition income, their formula based appropriation is also smaller 5, p. 35. Those HWUs that already gain through the formula core because they possess the curricula which generate extra dollars, also receive other formula amounts for special line items far beyond such amounts for the HBUs 5, p. 36. The Alabama formula produces more income for institutions with specialized curricula and graduate programs. With relatively minor exceptions, the formula 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 57/195 fails to take into account the diseconomies of small size. The formula compounds the gains from specialized and graduate curricula by utilizing values thus obtained as the basis for determining dollar amounts from other & M) formula categories 5, p. 36-37. Knight, 787 F. Supp. at 1207-08, \u00b6\u00b6 1080-88. 275. The trends and conditions noted above have continued since the last trial, with one important exception. Beginning in 1992 the state began appropriating funds to and intended to overcome the historical deficiency. In 1992 and 1993 both institutions received funds for Desegregation Planning and received funds for Recruiting/Minority Scholarships. In 1994, both schools receive both types of funds, and additionally received funds for Title Program Enhancement 1992-93 Desegregation Planning 265,177 200,000 Recruiting/Minority Scholarships 300,000 1993-94 Desegregation Planning 265,177 200,000 Recruiting/Minority Scholarships 300,000 1994-95 Desegregation Planning 200,000 200,000 Recruiting/Minority Scholarships 300,000 300,000 Title Pgm. Enhancement 616,981 1,792,783 1995-96 Request Desegregation Planning 259,872 200,000 Recruiting/Minority Scholarships 389,674 300,000 Title Pgm. Enhancement 801,981 none made 1003, p. B-1 1004, p. B-1 1067, pp. B-1, B-2. 276. Desegregation Planning funds have been used by the schools to pay consultants 310 and fees for program planning. Steptoe (3/7/95) 144-45. 277. Recruiting/Minority Scholarships money was appropriated to the HBIs to help attract white students. Steptoe (3/7/95) 64-66; Harris (3/14/95) 40-42. Unfortunately officials saw fit to spend, in addition to the Desegregation Planning money, $100,000 of the first Scholarship appropriation on administrative expenses. Steptoe (3/7/95) 66. In fact in 1992-93 spent (or pledged) $53,427 on scholarships; in 1993-94, $162,147; and in 1994-95, $286,238. In all, of $900,000 appropriated allocated (by expenditure or pledge) a little over $500,000 for scholarships for 144 students. Harris (3/14/95) 41-42, 72-73, 78 received these scholarship monies for the 1994-95 year, but made no awards; but has made ten award for students coming in Fall 1995. Caples (3/1/95) 73-74 has planned to buy a car for the recruitment office and several lap-top computers, among other equipment. Caples (3/1/95) 101-02. [19] [20] 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 58/195 278. In 1994 recommended, and the legislature allocated, program development funds under a line item for Title Program Enhancement funds. Blow (2/8/95) 20. 279. The Title Program Enhancement funds are restricted funds. The legislation contains the following language: \"Title Program Enhancement Funds to be used by and ASU] in the development of `new high demand programs' in the [Huntsville and Montgomery] area as noted in Part V, Section 2D of the Remedial Decree [entered by this Court in 1991]. These funds [are to be used] for studies to assist in prioritizing development of such new programs and for development of such programs upon program approval by ACHE. The instructional support monies may not be expended prior to the high demand programs being approved by the Commission on Higher Education.\" 95 597. 280 and still have the \"instructional support\" portion of the Title Program Enhancement appropriations from the 1994-95 year. The appropriations bill specifically provided that \"the instructional support monies may not be expended prior to the high demand programs being approved by has on deposit $417,506 and has $1,292,783; they also may have some of the amounts for \"consultants/faculty\" remaining on hand. The institutions also have interest on these funds. 281. From the court-ordered capital payments has $11,483,536 and has $10,667,537. 282. The Court emphasizes that the monies just discussed were not being appropriated at the time of the previous trial. These monies are appropriated by the State of Alabama to assist and in overcoming the vestiges of de jure segregation. The Court, therefore, will look to these monies first in fulfilling the requirements of the Remedial Decree: that is, the Recruiting/Minority Scholarship money will be off-set against the other-race scholarships; the Desegregation Planning money will be used to pay part of the expenses of the Long-Term Planning and Oversight Committee; and the Title Program Enhancement money, and remaining Instructional Support money appropriated in 1994- 95, will be used to fund new programs, decreed by the Court, as far as it goes. 283. With the Title Program Enhancement Funds and had a higher percentage increase over 1993-94 appropriations than the average of all other senior higher education institutions. 95 1042A; Act No. 93-772 and Act No. 94-470, Acts of Alabama Legislature, 1993 and 1994. Those percentage increases are as follows: 311 had a 22.33% increase over 1993-94 Appropriations had a 19.86% increase over [21] [22] [23] 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 59/195 1993-94 Appropriations; and all other senior institutions had a 13.14% increase over 1993-94 Appropriations. 284. With the Title Program Enhancement Funds and received higher percentage increases in state appropriations from the time of the 1990-91 trial to 1994-95 than the average of all other senior higher education institutions. 95 1042 had a 45.90% increase over 1990-91 Appropriations had a 41.70% increase over 1990-91 Appropriations; and all other senior institutions had a 34.01% increase over 1990-91 Appropriations. 285. The trends noted in the previous paragraphs obtain even excluding the Title Program Enhancement from consideration, albeit by smaller percentages. Catching up 286. Notwithstanding the above advances, the Court reaffirms the previous findings Inequality in funding over a number of years cannot be made up overnight. The funding level over a period of years affects a school's mission, program, facilities, and reputation, all of which can then change only very slowly. Leslie (10/30/90) 30. Of the major considerations that can affect raw financial comparisons such as economy of scale, enrollment trends, and historical patterns the historical patterns are the most important. This is because historical deficits tend to continue over a period of time, and become cumulative, which, of course, means they cannot be erased overnight. Leslie (10/30/90) 30; Leslie (10/31/90) 99. Even if the reality could be changed quickly, the perceptions may take much, much longer: 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 60/195 it takes a long, long time to turn an institution around, not only in reality, but even in the perceptions that people have of the place, how attractive it will be to students who have known historically that an institution has been under funded, has been in comparative terms low quality. Leslie (10/31/90) 100. The historical pattern would affect programs, curricula and reputation. Leslie (10/31/90) 102. . . . . . Other considerations influence the financial picture. First, the economy of scale means that in general a large school can educate students more economically than can be done at a small school. Second, enrollment trends affect financing school with a declining enrollment does not decrease its costs proportionally, and thus a school with a declining enrollment will seem to be better financed than it really is. The opposite is true for a school with a growing enrollment, that is, it will seem to be underfinanced. Both these considerations apply to the HBU's in Alabama, which are relatively small schools and which have been undergoing enrollment declines in recent years. This means, of course, that the HBU's will appear to be in a better financial position than they are in actuality. Leslie (10/30/90) 28-30. Discrepancies in funding grow and become embedded over the years discrepancy of a few hundred dollars in spending per student may have little impact in a single year, but if this discrepancy continues year after year, sometimes less and sometimes more, the basic fabric of the institutions being disparately treated begins to vary more and more 5, p. 39. [24] 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 61/195 Change takes a long time, and does not occur by itself, but rather requires a major effort. \"It is extremely rare for an institution to undergo major change in as little as a decade. Where this does happen, there is usually a massive influx of funds 5, p. 39. 312 Sometime after desegregation was ordered in Alabama, the State began to move toward more equal funding, \"but by then the present system was in place, and resources had been spread over too many campuses 5, p. 40 factor which should be considered in analyzing funding patterns is the number of students in a school. Comparisons are most appropriate, generally, when measuring similar sized student bodies, or when measuring funds on a per student measure. Even here, there are some disputes over how to measure the number of students. Alabama uses a measure which essentially measures credit hours, and then divides by 15 per semester for undergraduates and by smaller numbers for graduate level students. Another method measures numbers of full-time and part-time students, as defined by the institution, and takes the total of all full- time students plus one-third of the part-time students. It is impossible to say in the abstract that either system is \"right\" or \"wrong.\" The one plus one-third method is commonly in use throughout most of the nation. The Alabama method introduces the mission difference into the calculation by differentiating between students at different levels. If the measurement or comparison is between total dollars, and total dollars per student, then on the average, the HWU's are better funded than the HBU's. This pattern holds true whether we look only at state appropriations or at all funds, whether we look at revenues or expenditures, and whether we look at amounts tied to instruction, all student-related items, or all items. [25] 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 62/195 State funds directly affect an institution's ability to raise other funds. An institution that is better funded can pay higher faculty salaries, which attract professors and researchers who can get research grants from the federal and state governments as well as from private sources. These grants provide supplementary compensation for faculty, which puts the institution in a better market position for hiring strong faculty. These grants also allow an institution to bring in graduate research assistants, who further cut the school's costs by taking on some of the teaching load. Leslie (10/31/90) 125-26. Also related to the funding of an institution it its public service activities. Broad based public service is important, because it gives an institution a higher profile and an advantage in attracting special state funding. This visibility is also critical in securing private and corporate contributions. Leslie (10/31/90) 126-27. The financial slack that occurs when an institution has money not directly needed for the day-to-day operations of its basic program can be put to use developing new programs, especially graduate-level programs, which in Alabama then in turn generate large amounts of money because of the high weights in the funding formula. Leslie (10/31/90) 127. Major income categories for higher education include public appropriations, state federal and private grants and tuition and fees. Major expenditure categories include instruction, instructional support, academic support, student services, research and public service, plant operation and maintenance, institutional support, and scholarships. Both on the revenue side and the expenditure side, these major categories are usually termed & G,\" i.e., Educational and General, to distinguish them from revenues or expenditures less related to the principal educational function of a school. Comparisons are made among schools, not because schools have rights or are entitled to funds as such, but because schools are the instruments through 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 63/195 which students are reached, which means that the overall resources of a school, whether in funds, facilities, or programs, determine what is received by the school's students. Knight, 787 F. Supp. at 1227-29, \u00b6\u00b6 1117-34. 287. Although an institution may change its mission and programmatic offerings within 313 a relatively short period, it will take at least ten years and possibly as long as thirty years for the change to be widely recognized and for the reputational changes to occur. Allen (3/9/95) 59-60; Lennon (3/13/95) 48; Hossler (2/15/95) 102-03. Even the Knight Plaintiffs' experts looked at a time frame spanning fifteen to fifty years. Paul (2/22/95) 36. As a specific, objective example of such time frame, Dr. Billings, Dean of UAH's College of Administrative Sciences, testified that it took ten years to obtain accreditation. Billings (2/13/95) 4. Dr. Harris, ASU's current President, estimated that it would require ten years for to reach Doctoral status. Harris (3/14/95) 52-53. Once an institution achieves the accreditation or mission change, more time is needed for recognition of the advances. Lennon (3/13/95) 48. ASU's and AAMU's Outspoken Commitment to Their Heritage 288. The Court notes, for purposes of the following discussion, that although and have been referred to as the Allied (with the Plaintiffs) Defendants, they are, nevertheless, Defendants. 289. Black students rate the \"presence of other black students\" as a factor influencing their choice of a HBI. 95 243, p. 47. 290. According to Dr. Leslie, many presidents he surveyed felt that they were on the \"horns of a dilemma\" between the imperative to desegregate and the pressure from alumni, students, faculty and others to maintain the black identify of their institution. Leslie (3/1/95) 68-69 9, pp. 41-43. 291. Many students at have indicated that the single most important factor influencing their choice of was the fact that its student body was predominantly black. 95 244, pp. 37-38; 95 493, p. 3. 292 number of the Knight Plaintiff class and witnesses in the 1990 trial testified that should remain under black control and should be particularly designed for 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 64/195 black people. Their expressed desire was for the institution to remain predominantly black to maintain the identity and heritage of a traditionally black institution. Blackwell (5/29/90) 63-64; Huntington (10/29/90); Martin (10/19/90) 30, 50; Sims (5/29/90) 79; Yarbrough (5/31/90) 37-38; McMillan (5/31/90) 189; Chunn (1/10/91) 138; Cross (5/29/90) 155; Palmer (5/29/90) 166-167; 90 306, pp. 40-42; Freeman (1/30/91) 179; 85 1105, pp. 171-173. 293. ASU's efforts to recruit whites over the years has demonstrated a pattern of inconsistent institutional commitment to the desegregation process, and such efforts have been historically deficient. At least as late as 1985 was making no special efforts to recruit white students 778-779. In the 1991 Decree the Court ordered \"to recruit white students to its campus.\" Knight, 787 F. Supp. at 1380 A. 294. In its July 1991 Annual Planning Document decreased its white recruitment goal from ten percent to five percent. Compare 95 139 with 95 138. There is little evidence that prior to 1993-94 was aggressively seeking other-race students. Hossler (2/15/95) 89, 90, 127; Becton 314 (2/23/95) 99; 95 243, pp. 53-54; 95 534. 295. Mr. Knight told the Court that, although students at welcome diversity, they \"fear of what they consider a takeover.\" Knight (2/15/95) 25. One of the Court's experts, after meeting with officials, believed that they continue to strongly wish to remain predominantly black. Jordan (3/8/95) 72. 296. An institution's self-acknowledged racial aspect in their mission will effect student choice. Conrad (12/18/90) II-342; see also Knight, 787 F. Supp. at 1286, \u00b6 1400. 297. The government's own experts, Dr. Leslie (11/1/90, p. 382), Dr. Kaiser (11/6/90, pp. 150-51), and Dr. Conrad (12/18/90, p. 342), as well as the former director of admissions at ASU, (85 8383, pp. 41-43) all agreed that an institution's determination to maintain its image as a predominantly black institution can affect its attractiveness to white students, thereby influencing student choice. 298. Students are reluctant to attend an institution that is \"characterized by a racial identifiability that is different from\" their own background, even though that institution has an academic program in which they are interested. Conrad (12/18/90) II-210. 299. In short, the desire of an to maintain its racial identifiability extracts an intangible, but very real, cost in the desegregation process. It makes it more difficult to recruit white students to the college. Leslie (3/1/95) 69; Jordan (3/8/95) 24-25, 44-45. [26] 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 65/195 300. The Court finds that although the HBI's play an important role in higher education and have maintained and asserted their black heritage in ways, and to a degree, that has had a segregative effect on student choice. 301. The Court concludes that and must henceforth act in a manner such that their pride in their heritage does not hinder their, the state's or the Court's efforts to reduce segregative effects on student choice. Jordan (3/8/95) 22 and need not deny their heritage, but they must become institutions not identified solely on the basis of race. 302. The Court concludes, at this point, however, that it is not educationally sound, and most likely not practicable, to close and AAMU. Leadership at and 303. As the Court noted previously, the presidency of and has been marked by instability continues to labor under such instability. It does appear that ASU, with the hiring of Dr. Harris, has acquired stability at the presidential level. 304. Success in attracting white students to an requires complete commitment from the institution, from the board of trustees and the president down through the administration, faculty and alumni. Knight (2/16/95) 50. 305. One of the most critical factors in increasing white student enrollment at an is strong institutional leadership. It is critical that the leaders constantly promote the institution as one for all students, such as by attending meetings in the community, to make it clear that the institution is interested in becoming truly desegregated. Wharton (3/14/95) 24-25; Conrad (2/28/95) 14; Blackwell (2/16/95) 81; Harris (3/14/95) 45; McGaha (2/8/95) 44; 95 8, pp. 42-43. 306 mission enhancement, without competent leadership dedicated to desegregation, will not eliminate segregative effects on student choice. Blackwell (2/16/95) 33; Enarson (2/21/95) 109. 307. Regardless of the desegregation strategy or remedy chosen, campus leadership is crucial to the success of that strategy or remedy. 95 9, p. 41-43; Leslie (3/1/95) 66; McGaha (2/8/95) 44; Conrad (2/28/95) 14-15; Wharton (3/14/95) 25-26. 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 66/195 308. Even the more radical remedies of program transfer and merger fail when the HBI's leadership is not committed to desegregation. Fincher (2/9/95) 17-18; 95 244, p. 30. 309. In the current socio-political environment, the presidency of an is a difficult task, wherein the president faces competing pressures: desegregating on the 315 one hand and, maintaining and reinforcing the HBI's heritage on the other. 95 244, p. 30-31; Hossler (2/15/95) 81-82; Leslie (3/1/95) 69-70. The reports filed in this case contain anecdotal evidence of resistance from alumni and trustees to presidents' desegregation attempts. 95 9, p. 91; 95 244, p. 30-31. The name plaintiff, John Knight, affirmed that \"in any way that we fashion a remedy to this case, that in order for the college presidents to be able to implement completely what we are talking about as far as remedy, that it's going to require some protection from the Court to fashion in such ways that they know they have the full support of the Court to be able to implement it.\" Knight (2/15/95) 27. 310. In this case, failure of the Boards of Trustees and alumni (practically speaking, although they are not parties), to actively support the campus leadership's desegregation efforts will result in substantially more limited range of, and considerably more draconian, remedies Program Transfer Generally 311. Although recommended by many experts, including the court-appointed experts, the Court rejects program transfers as an educationally sound or practicable remedy for many reasons. Trendler (2/9/95) 25; Wharton (3/14/95) 10-15. 312. Dr. Enarson stated: \"Transfer is an absolute misnomer. You can't disassociate the program from the people who are teaching it. Really, when we talk transfer, we're talking about discontinuing a program at institution and starting up a new program at institution B.\" Enarson (2/21/95) 21; Trendler (2/9/95) 21. Dr. Enarson concluded, and the Court agrees, that program transfers are generally a bad idea. Enarson (2/21/95) 21. 313. Programs have a solid institutional identity and there is a strong \"symbiotic relationship\" between programs and institutions. Nance (2/6/95) 24-25; Trendler (2/9/95) 22-23. [27] 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 67/195 314. Accrediting agencies treat transfer as termination and will not transfer specialized accreditation. Nance (2/6/95) 25; Trendler (2/9/95) 24-25. 315. Program transfers are very rare, and there is little evidence of success or effect. Nance (2/6/95) 23; Fincher (2/9/95) 17-18; Trendler (2/9/95) 21, 25. Specifically, there are significant risks of loss of faculty, loss of students, and serious disruption to the former institution. Trendler (2/9/95) 25. Disruptions to the former institution include loss of enrollment and tuition. Wharton (3/14/95) 13-14. 316 substantial risk of failure and a concomitant decrease in reputation for the receiving institution also exist. Wharton (3/14/95) 11. 317. The Court finds no evidence of program transfers' educational soundness or practicability in Alabama, sufficiently compelling to undertake the substantial risks associated therewith. Engineering at 318 made its first request to for an engineering program in November 1993. 95 203; Bond (3/2/95) 22. 319 believed that AAMU's proposal duplicated programs at UAH, and therefore, were inconsistent with the Court's 1991 decree. Dr. Henry Hector, the Executive Director of ACHE, also stated that the programs had been described to him \"as programs to attract more black engineers.\" 95 2 (Deposition of Hector), p. 11. Importantly, the specifics of AAMU's proposal were not reviewed. Blow (2/8/95) 12-13. 320. ACHE, in a good faith attempt to comply with the 1991 Decree, directed to submit an addendum on how the program would attract other-race students and to discuss with officials how to limit duplication. 95 2 (Deposition of Hector), p. 11-12; Bond (3/2/95) 22; see Knight, 787 F. Supp. at 1331, \u00b6\u00b6 1763, 1764. 316 321 had withdrawn the proposal in September 1994, and only resubmitted it in December 1994 or January 1995, immediately before the rehearing began. 95 1, App. F; Bond (3/2/95) 22; Blow (2/8/95) 12. 322. The Court notes that did not rebuff AAMU's proposal for reasons other than concerns about complying with the Court's 1991 Decree and unnecessary duplication. The 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 68/195 Court decree, and more particularly, the Long-Term Planning and Oversight Committee should eliminate these concerns. 323. AAMU's current engineering program is limited to degrees in engineering technology and a stand alone program in civil engineering. Bond (3/2/95) 13-18. 324. It is extremely difficult to achieve Accrediting Board for Engineering and Technology (ABET) accreditation in only one discipline such as currently offered by AAMU. Martin (2/28/95) 19; Becton (2/23/95) 17. 325. Today an engineering facility costs at least ten million dollars complete engineering library is critical to accreditation of engineering programs. Sims (3/1/95) 5. 326. In beginning to build a quality engineering program, some type of electrical and mechanical engineering are logical first steps. Martin (2/28/95) 18-19. 327. AAMU's limited engineering offerings in a state which has several schools of engineering is directly traceable to prior segregation. In the absence of segregation resulting in inadequate facilities and programs at AAMU, there is little doubt that would not exist, or, more likely, that would offer a wider spectrum of engineering and technical programs than currently found there. AAMU's status as a land grant university further supports such a conclusion. Jordan (3/8/95) 18; Wharton (3/14/95) 40; Wong (2/27/95) 56; Martin (2/28/95) 21; Bond (3/2/95) 38-39. 328 quality engineering program at an successfully attracts white students; for example, North Carolina has ten percent white undergraduates and twenty percent white graduate students. The white student population began as mostly nontraditional, commuting students, but over time and because of the quality of its offerings has begun to attract traditional age white students as well. Martin (2/28/95) 8-10. 329. Creation of a quality engineering program may financially benefit the whole university by attracting substantial external funds, including state funding, private support and research support. Martin (2/28/95) 10-13; Becton (2/23/95) 18. 330 quality engineering program at an can also attract significant numbers of white students even when there is a high quality, proximate PWI. Martin (2/28/95) 21; Bond (3/2/95) 28. 331. Engineering programs are the type of \"high demand\" offerings which routinely attract significant numbers of white students. Engineering is one program that a student chooses 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 69/195 ahead of the institution itself. Hossler (2/14/95) 70-71, 149-150. 332. Moreover, the addition of engineering at expands educational opportunities for Alabama's black citizens. Bond (3/2/95) 28. HBIs have had the best record of producing black engineering graduates. Becton (2/23/95) 19; 95 4, p. 16. Despite the existence of several engineering schools in the State of Alabama, a need exists to train more minority engineers. Wharton (3/14/95) 42; 95 1056 (Deposition of Sangster), p. 20, Becton (2/23/95) 18; Billings (2/13/95) 89; see 95 199; 95 200. 333. Black engineers hold only 50 of 7,000 engineering jobs in the Huntsville/Madison County high technology area, and engineering programs at would provide badly needed new opportunities for black students to get engineering degrees. Wong (2/27/95) 55-57. 334 has recruited an engineering dean with unique qualifications for attracting and retaining minorities. Dr. Bond developed a nationally recognized minority engineering program at Purdue. Bond (3/2/95) 4-5, 11. 335. Addition of engineering offerings will enhance the entire institution. First, the 317 addition of a quality program begins to change the perception that is an inferior institution because it is historically black. Martin (2/28/95) 14; Becton (2/23/95) 20; Bond (3/2/95) 38; Jordan (3/8/95) 36; Blackwell (2/16/95) 39-40; Hossler (2/14/95) 139. Furthermore, an engineering program should substantially increase the recruiting presence of large national corporations and result in more job offers for graduates in other areas, increasing opportunity for black citizens, as well as increasing the institution's presence and image as a quality institution. Becton (2/23/95) 21; Bond (3/2/95) 37; Martin (2/28/95) 14. 336. Adding two engineering programs is both educationally sound and practicable. Becton (2/23/95) 15-16; Jordan (3/8/95) 35-36; 95 1056 (Deposition of Sangster), p. 49, 56; Allen (3/9/95) 90. Demand for engineering is cyclical and, even if currently low, will inevitably go up again. 95 1056 (Deposition of Sangster), p. 19. 337. The additional programs will not unnecessarily duplicate the offerings currently available at UAH. Bond (3/2/95) 32, 31-36; Becton (2/23/95) 15. Given the importance of engineering to Huntsville's economy will not soon achieve the support and recognition it needs in the Huntsville community absent a quality school of engineering. Billings (2/13/95) 87; Bond (3/2/95) 31-36. 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 70/195 338. The Long-Term Planning and Oversight Committee is charged, pursuant to the Decree, to implement a fiscally and educationally sound engineering program at and 339. The Court previously concluded that CSCC-H's business offerings hindered AAMU's ability to attract white students. Knight, 787 F. Supp. at 1329, \u00b6 1745. 340 provides essentially the same core of courses offered during the first two collegiate years at AAMU, and such offering impedes AAMU's ability to attract white students. Blackwell (3/22/94) Tr. 314-15, 318-20. 341. CSCC-H's offerings, however, are overwhelmingly at nontraditional times lunch hour, evening, and weekend. 94 100, pp. 5-7; 94 150, p. 32. 342. On the other hand, the course offerings duplicated by are overwhelmingly offered at traditional times. See 94 211; 94 212; 94 213; 94 214. 343. The Court finds that business offerings in Huntsville attract many white students who might otherwise take business courses at AAMU. Becton (2/23/95) 59-60; Wharton (3/14/95) 44-45; Caples (3/1/95) 9-10 has little success recruiting students from CSCC. Henson (3/6/95) 133-34; Caples (3/1/95) 13-14. 344 great deal of AAMU's lack of success, however, results from a failure to make a concerted effort. 345. AAMU's dean of academic affairs acknowledged that nothing prevents from offering night or weekend courses. Caples (3/1/95) 85-86. 346. Prior to this Court entering an order requiring cooperation, AAMU's officials were uncooperative, uncompromising and difficult in negotiations with officials regarding classes at CSCC-H's Mall location. Kuzmicic (3/24/95) Tr. 635-36. Those negotiations began at least in 1991. Caples (3/23/94) Tr. 394. 347. The Court ordered be allowed to teach courses to students at CSCC- H's mall location. In Fall 1993 those courses were not listed in AAMU's catalogue, and were still not listed as of Spring 1995. Caples (3/23/94) Tr. 441; Caples (3/1/95) 130. 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 71/195 348 makes space available for recruiting at its Mall location comes on occasion, Athens State comes often, but rarely comes. Wolff (3/24/95) Tr. 618. 349. Although teaches an education course on community colleges, there is no evidence that the students in that course ever visit or use it as a resource. Caples (3/23/94) Tr. 418-20. 350. Even the remedy proposal offered to the Court lacks enthusiasm for the function 318 currently served by CSCC-H. Dr. Caples conceded that recently had voluntarily dropped some associate degree programs. Caples (3/1/95) 90; Caples (3/23/94) Tr. 470-71. AAMU's remedial proposal, includes as part of its meticulous detail, a proposed role matrix, but fails to include associate degrees among its future roles. Caples (3/1/95) 90-91. 351. Dr. Caples also conceded that, between takeover and closure of preferred closure. Caples (3/1/95) 95. 352. AAMU's failure to offer courses at the non-traditional times has impeded its ability to attract white students from the local area officials never offered an adequate explanation of their failure to even attempt to compete in this student sub-market has only said that were the Court to give them an expanded role in the community college mission area, that they would begin making the appropriate course offerings. Blackwell (3/22/94) Tr. 322; 95 1, p. 16. 353 meets an unserved need in the Huntsville area. No expert suggested eliminating the community college function from Huntsville, but recommended allowing to take over that function. 95 1, pp. 24-26, 28, 29; 95 3, pp. 7, 9; 95 4, p. 15; 95 5, p. 30; Roueche (3/15/95) in passim; Roueche (3/2/94) Tr. 481-531. 354. Merely setting up an structure that places a predominantly white community college under the administrative aegis of a is not desegregative. Phelps (2/7/95) 59; Enarson (2/21/95) 169-73. 355. Attracting the type students who attend would assist to desegregate. Hossler (2/15/95) 106-07, 143. 356. The Court concludes, that it is not educationally sound to terminate CSCC's presence in Huntsville. The Court does conclude, however, that, in order to allow to attempt to compete for non-traditional and commuting students, the enrollment/credit hour production of shall be capped at a level equal to no more than five percent above the average of the past three academic years may move its operation to the [28] 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 72/195 AcuStar building if it wishes. The Court concludes that such a cap is the most educationally sound, practicable and desegregative remedy at this time. Other-Race Scholarships Generally 357. In performance funding, an institution is paid for achieving a goal as opposed to being paid for trying to achieve a goal. Other-race scholarships are an example of performance funding because money can be expended only if white enrollment at the increases. Caruthers (3/15/95) 22. 358. The research evidence on student choice and student persistence demonstrates that financial aid, economic considerations, and factors involving the accumulation of debt, all play a very important role in the student choice and persistence process. St. John (3/16/95) 34, 35. 359. An HBI's ability to attract white students is affected by the prospective cost of the institution to potential students. Siskin (2/13/95) 22. 360. Financial aid is a powerful magnet in attracting white students to HBIs. Enarson (2/21/95) 158; Jordan (3/8/95) 83; Becton (2/22/95) 80-81; Caruthers (3/15/95) 22. 361. Based on a review of data from historically black institutions nationally, it appears that offering carefully designed other-race financial aid is an important mechanism to promote desegregation. 95 2; Blackwell (2/16/95) 46; Hossler (2/14-15/95) 67; 95 8, pp. 30-32. Every which enrolls large numbers of white students currently has, or has had in the past, special financial aid programs designed to encourage white enrollment. 95 244, p. 26. 362. According to Dr. Walter Allen, an expert witness presented by the United States, specially tailored financial aid incentives, including innovative devices such as 319 targeting students who may not be eligible under existing financial needs formulas, may be a very effective way to assist in desegregation of HBIs. Allen (3/9/95) 121, 122. 363. In order to be effective aids in the desegregation process, financial assistance programs should be carefully targeted and designed specifically to promote desegregation. 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 73/195 St. John (3/16/95) 40, 41. 364. Information about the availability and eligibility of other-race financial aid should be disseminated on a statewide basis and should be distributed at the earliest possible time in the college choice process for students. Hossler (2/15/95) 98-99. 365. Students who benefit from the other-race scholarships and have a positive experience will likely benefit the school in further other-race recruiting. St. John (3/16/95) 34, 35; Allen (3/9/95) 76. 366. Many white students who provide the most likely avenue for desegregating HBIs are nontraditional age, working students. Those students may not fit into the eligibility requirements of existing financial aid programs, because of their earned income or their part-time status. McGaha (2/8/95) 27, 28. Therefore, a financial aid strategy designed to desegregate HBIs must include different award criteria or more flexible award criteria than those currently in use in traditional financial aid programs. Hossler (2/15/95) 74, 75, 76; St. John, (3/16/95) 34, 35. 367. To the extent that and use financial aid incentives to recruit white students, the most promising target group for such programs are part-time white students who want to return to college and are hoping to complete a degree which they have already begun. 95 244, p. 55; Hossler (2/15/95) 106 and 368. Among high school juniors and seniors in Madison County who are considering attending a \"local school\" (e.g or Drake), factors dealing with financial aid, economic cost and tuition ranked higher than factors such as the number of specialized major programs, the presence of many graduate programs, or the level of admission requirements. 95 239, Table Survey 38. The Court notes that this cost- concern characteristic generally holds true for nontraditional students. 369. Most white students currently enrolled at receive scholarships or other forms of financial aid, and for many of these students the amount is full tuition and fees. 95 ASUXs 39-48; Steptoe (3/7/95) 61-62. The total includes 67 new students, a total apparently spurred by an article in the Montgomery Advertiser about scholarship money available for white students. 95 48; 95 147. In a survey, 84% of white students stated 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 74/195 that financial aid was important or extremely important in their decision to attend ASU. Allen (3/9/95) 105. 370. Some HBIs have difficulty attracting white students because they aggressively and outspokenly maintain their black heritage in a manner that discourages whites from attending. Jordan (3/8/95) 22,; Leslie (3/1/95) 69-70; Leslie (11/1/90) 382; Kaiser (11/6/90) 150-51; Conrad (12/18/90) 342; 85 8383, pp. 41-43; see Knight (2/15/95) 23. 371. Unfortunately and currently labor under such a difficulty more so than AAMU. Knight (2/16/95) 50-51; compare 95 139 with 95 138 (reflecting 50% decrease in white recruitment goal from 1990 to 1991); see, supra \u00b6\u00b6 289-302. One reason for ASU's difficulty is the phenomenal number of out of state students they accept (47% to 51% or the 1994 freshmen class): ability to recruit nationally reduces the incentive to recruit locally and most of ASU's out of state students are black. See Hossler (2/15/95) 79-81; Smitherman (2/15/95) 5/6; 95 257. Many students at indicated that the single most important factor influencing their choice of was the fact that its student body was predominantly black. 95 244, pp. 37-38; 95 493, p. 3 Critical Mass the Causation-Remedy Link 372. Other-race scholarships have worked well in attracting black students to the PWIs, and they are important to HBIs in reaching the stage of a self-perpetuating \"critical 320 mass\" of white students. Allen (3/9/95) 78; Blackwell (2/16/95) 31-32. 373. Increasing the number of white students is important to attaining an atmosphere in which white students will feel comfortable. Hossler (2/15/95) 94-95; Steptoe (3/7/95) 56- 59; Smithson (3/14/95) 15-25; Caruthers (3/15/95) 32-33. 374. White students' perceptions of the inferiority of black institutions are traceable to the de jure history of Alabama. Allen (3/9/95) 29-30. 375. White students perceptions flow from the fact of the HBI's academic inferiority resulting from historical underfunding. The evidence in this case demonstrates that the perceptions will not be overcome i.e. the barrier to freely-exercised student choice removed until there is a critical mass of other-race students on campus. 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 75/195 376. Added to these perceptions of inferiority, is the fact of the state created, better funded, proximate institutions, which make it more difficult to overcome those perceptions. 377. The evidence demonstrates that other-race scholarships are the most educationally sound and practicable mechanism to eliminate those particular perceptive barriers clearly more so than closing HBIs or proximate institutions. The Court is using these scholarships to solve that portion of perception racism that prevents some white students from attending HBIs, and the Court is not attempting to eradicate all racism, black and white, in Alabama; that is, the Court is eliminating a vestige within its remedial authority, not attempting to fix a societal ill beyond the pale. 378. The Court also notes that it will annually review the effectiveness, as well as the efficacy, of the scholarships in achieving desegregation, and determine whether they should cease or continue. 379. The evidence in this case directly links the use of other-race scholarships to eliminating the perceptions of inferiority, resulting from the historical underfunding, the placement of proximate institutions, and the problems created by the HBIs, themselves, discussed above. 380. Because a major problem HBIs have is a perception, deserved or not, of inferiority, increasing the number of white students at an helps eliminate that perception. Allen (3/9/95) 60-61, 73. The Court hastens to add that the presence of white students is not necessary to make an a quality institution, but aids in correcting student not societal misperceptions. See Jordan (3/8/95) 45. Cf. Missouri v. Jenkins, ___ U.S. ___, ___ - ___, 115 S. Ct. 2038, 2061-62 (1995) (Thomas, J., concurring). 381. Contrary to Justice Thomas' complaints regarding Judge Clark in Missouri v. Jenkins, in this case, the perception of inferiority is not a guess or a bias but a reality born out by the evidence. Advertising 382. Negative image is one of the greatest problems facing HBIs. Allen (3/9/95) 22, 26; Hossler (2/15/95) 141; Leslie (3/1/95) 72-73. 383. An institution's determination to maintain its image as a predominantly black institution can affect its attractiveness to white students, thereby influencing student 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 76/195 choice. Leslie (11/1/90) 382; Kaiser (11/6/90) 150-51; Conrad (12/18/90) 342; 85 Ex. 8383, pp. 41-43. 384. An analysis of the desegregation trends of those HBIs which have been relatively successful in attracting white students indicate that the desegregation process occurs gradually and over long periods of time. However, there are examples, such as those at Fayetteville and Elizabeth City in North Carolina, in which HBIs were able to desegregate relatively quickly based upon their ability to change their images in the student market place fairly quickly. 95 244, pp. 14-15. 385. To attract white students and must mount an effective public information campaign, emphasizing equal opportunity policies; publicizing the well-rounded education offered to all students; making themselves attractive, accessible and desirable to students of any race; and cultivating a positive image as a welcoming multi-race institution 4, p. 11; Trendler (2/9/95) 321 64-66; Conrad (2/28/95) 12, 28; Leslie (2/28/95) 117. 386. An effective and truthful advertising strategy can help ameliorate ASU's and AAMU's image of inferiority. 95 9, pp. 35-37, 58; 95 5, p. 8; Leslie (3/1/95) 117. 387. Demonstrating the power of advertising has been extremely effective in attracting students in its niche receives one of the lowest appropriations in the state a little more than three million dollars in 1993-94 and 4.27 million dollars in 1994-95 and spends a relatively significant amount on advertising an average of $86,000 per year from 1990 to 1993, $144,000 in 1993-94, and $165,000 budgeted for 1994-95. 388. Even minimal, narrowly focused advertising can attract white students to HBIs, as demonstrated by the fact that 67 new students enrolled at for Spring 1995, a number apparently achieved by an article in the Montgomery Advertiser about scholarships available for white students. 95 Ex. 48, 147. 389. The Court concludes that and should expend monies already allocated for Desegregation Planning (or some portion of the funds in their base appropriation) for advertising. These advertising monies should be targeted to attract other-race students. This money is to be spent on advertising, not Public Relations consultants. The Court notes that already does some advertising, and that intends to budget for advertising this year. Caples (3/1/95) 21-22; Steptoe (3/7/95) 99-100. Closing or Merging 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 77/195 390. The Court concludes that it would be neither educationally sound nor practicable to close or merge with ASU, given TSUM's great productivity with limited resources. 391. The Court also concludes that merging into would do nothing to further the cause of desegregation for the following reason: If the Court transferred the immensely successful program serving non-traditional student to ASU, when the testimony overwhelmingly demonstrates that a rising number of such students are not being served, the Court concludes that it would send the message that was incapable of competing for such students, which in turn would hurt rather than help their image. Alexander (2/8/95) 25. 392. The Court also finds no compelling evidence that closing or merging would increase other-race presence at ASU. Faulkner University in Montgomery specializes in non-traditional students. McGaha (2/8/95) 33-34. Faulkner intends to benefit from any decreases. McGaha (2/8/95) 34. The Court concludes, based on the evidence regarding Faulkner and other private institutions, and the experience after the TSUM/United States Consent Decree that Faulkner or other private institutions would benefit rather than ASU. 393 recently hired a director of continuing education, and ASU's academic leadership stated under oath that they intend to emphasize attracting non-traditional students. Steptoe (3/7/95) 94-95, 115, 130; Smithson (3/14/95) 14. Mr. Smithson, ASU's minority recruiter testified to methods he used to recruit non-traditional students, and did not testify that he had been unsuccessful. Smithson (3/14/95) 14-17. The Court concludes that the competition from will insure that maintains the commitment to which its leaders testified. Siskin (2/14/95) 120-21; Hossler (2/15/95) 189; Leslie (3/1/95) 120. 394. Moreover, the Court concludes that within a few years, technology will make it impossible to protect a school from competition. 95 1, p. 40-42; Hossler (2/15/95) 115-17; Wagner (2/8/95) in passim. 395. The Court also concludes that it would not be educationally sound to make responsible for the complicated programming at at the same time it is attempting to design and implement the Court's remedial decree. Fleming (2/22/95) 134; McGaha (2/8/95) 75-76, 111-12. 322 396. Mr. Knight testified that the Plaintiffs did not propose a merger of and until they learned of the $7.3 million paid to TSUM. He further testified that they [29] 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 78/195 were not particularly interested in TSUM's other downtown property, but just the money. Knight (2/15/95) 58-59. The Plaintiffs changed their proposal because of fear that would build a new building, greatly expanding its capabilities. Knight (2/15/95) 18-20; Knight (2/15/95) 20. The Court concludes that no evidence exists that intends, at this time, to build a new building, and that TSUM's leadership has stated that no such plans exist. McGaha (2/8/95) 80-81. The Court concludes, therefore, that the issue that motivated Plaintiff's change in proposal does not exist. 397. The Court, however, to help compete for nontraditional students in the Montgomery area, enjoins from expanding its physical plant in the Montgomery area, by constructing or buying a new building, without Court approval. Endowments 398. Other universities in Alabama, especially and UA, have substantial endowments; while the endowments of and are negligible. 95 1, p. 52. 399. Insignificant or non-existent endowments result from historical underfunding of the universities. Leslie (2/28/95) 7-8, 35. Better funded institutions generally have better students who provide more endowment money to their alma mater. Leslie (2/28/95) 35. Additionally in Alabama, black citizens were forced to go to the HBIs for an education, but did not do very well economically, and as a result the HBIs suffered. 400. Endowments are important to institutions. 95 1, p. 53. 401. \"Institutional development grants have long been an essential part of government and foundation efforts to encourage improvements in institutional performance.\" 95 4, p. 48. 402. The Court concludes that the State of Alabama can travel a long way toward erasing the inadequacies caused by de jure segregation through the creation of Trusts for Educational Excellence at and AAMU. The trusts established by the Court also allow the alumni of these institutions to prove their pride and support for these institutions, and allow charitable foundations to show their confidence in these schools, by donations eligible for matching by the State. 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 79/195 Land Grant Current Posture 403. The Court's previous findings regarding the land grant system are found at Knight, 787 F. Supp. at 1140-53, \u00b6\u00b6 534-607, 1167-72, \u00b6\u00b6 741-781. 404. The Eleventh Circuit reversed this Court's findings found at Knight, 787 F. Supp. at 1171, \u00b6\u00b6 772, 773, 776, 777, the Court's conclusions of law found at 787 F. Supp. at 1361, \u00b6 44, and vacated for further evaluation the findings at 787 F. Supp. at 1171, 1172, \u00b6\u00b6 774, 775, 780, 781. The Eleventh Circuit held that the current allocation of land grant funds is a vestige of segregation, traceable to Alabama's de jure past. Knight, 14 F.3d at 1549-51. The mandate of Court of Appeals reads We remand the claim to the district court with instructions that it first consider whether the current allocation of funds, in combination with other policies, has continuing segregative effects as required under the second part of the Fordice test.... If so, the court should then address, under the third part of the Fordice test, the full range of alternative remedies, including plaintiffs' proposed remedy and closure, to determine whether those segregative effects can be remedied through practicable and educationally sound policies. We note again that on these inquiries under the second and third parts of the Fordice test, the burden of proof lies with defendants. Knight, 14 F.3d at 1551-52. 405. The Court takes this opportunity, at the outset, to note that many of the problems in the land grant area between the 1862s and 1890s is in fact traceable to Congressional action. Congress passed legislation that essentially codified the contemporary separate and unequal system. 7 U.S.C.A. \u00a7 3221; 7 U.S.C.A. \u00a7 3222. The Court also notes that 323 recent Supreme Court decisions cast this system and those statutes into doubt. There is little doubt that there is any basis for the classifications in those statutes other than race. But that issue is not before the Court. Possible Segregative Effects 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 80/195 406. Plaintiffs assert several different segregative effects of the current allocation of land grant funding; that is, funding for research and extension under various federal acts as well as state appropriations. In addition, the Court addresses one other alleged effect addressed by the Court of Appeals. The alleged vestiges with segregative effects are that the allocation of funds perpetuates the perception of inferiority of AAMU, results in lower funding generally for AAMU, and excludes blacks from policy making in research. The Court of Appeals also addressed the effects of land grant funding on black farmers. Extension 407. The mission statement of the Alabama Cooperative Extension System captures the essence of the entire land grant purpose The Alabama Cooperative Extension System is a statewide continuing education network that links Alabama & M, Auburn, and Tuskegee Universities' knowledge base to the people and communities of Alabama and, consequently, to national and international audiences. The system extends and encourages the application of research-generated knowledge, information, and technological innovation in cooperation with public and private partners through staff in local county offices. The Alabama Cooperative Extension System provides educational opportunities to enable individuals to make sound decisions about their lives, families, businesses, and communities; to develop and strengthen the state's economy with emphasis on agriculture and related industries and businesses; and to enable youth, adults, families, and communities to develop economically, socially, and culturally. 95 2, p. 9. 408. Currently Alabama has a \"loose confederation of three Extension systems rather than a single, comprehensive system.\" 95 2, p. 10. 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 81/195 409. Of the three, \"Auburn University, is so dominate that for all practical purposes, the other two extension systems border on invisibility.\" 95 2, p. 10. Auburn Extension has over 90% of Alabama Cooperative Extension Service (ACES) staff and almost 90% of total extension funding. 95 2, pp. 10, 12, 13. The listing for the Leadership Team, shows only Auburn Extension administrators and none from Alabama AAMU's extension system. 95 2, p. 10. 410. Auburn has extension offices and personnel in all 67 Alabama Counties has extension offices and personnel in 6 northern Alabama counties (Lauderdale, Franklin, Madison, Morgan, Lawrence and Marshall), and those personnel serve those 6 counties, plus an additional six (Colbert, Marion, Limestone, Culman, DeKalb and Jackson). 95 2, pp. 14, 15. 411. There is little evidence of a \"multi-institutional integrated approach to programming,\" little evidence of effective joint programming, and little evidence of effective cooperation at any organizational level. 95 2, p. 16; 95 684. 412. For example, Ms. Jacqueline Ifill, a black woman, is the County Agent Coordinator for the Alabama Cooperative Extension Service in Madison County (Huntsville), where is located. Ms. Ifill testified that if she needs a specialist in food science, she seeks one from some two hundred miles away, rather than AAMU, six miles away. Ms. Ifill was not even aware of the expertise at in the food science area. Ifill (1/31/95) 12-13. 413. Of the twelve Initiative Teams that develop programming in the 12 issue and base areas, only 2 have both and members. 95 2, p. 16. 324 414. However, the ten writing teams that oversee the development of, and work on, the Four Year Plan of Work all have members from both and AAMU. 95 2, p. 16. 415. Auburn Extension personnel have almost 98% of total client contacts for FY90, the last year for which data is available. 95 2, p. 20, 21. 416. The extension personnel reporting to operate under a different personnel system than those reporting to AAMU. Staff reporting to receive salaries roughly half those of AU, while specialists receive salaries roughly 85% those of AU. 95 2, p. 17. Furthermore researchers rarely receive salaries from the institution for research during the summer. Wong (2/27/95) 34. 417 recently constructed, with federal funds, a new Extension building. It houses College of Agriculture personnel, the extension leadership and some faculty, [30] 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 82/195 laboratories, and classrooms. The offices are quite spacious (Dr. York noted that the district agent's office was larger than the Chancellor for the State University System of Florida's office). 95 748, p. 36. Based on this finding, the Court concludes that no additional office space need be constructed for the Court's remedy. The new Associate Director and his staff can move into this building. The Court notes, however, some laboratories in other, older buildings are deteriorating and badly need repair. Black Involvement in Extension Policy-Making Generally 418. On the institutional organizational chart the associate provost and vice-president for extension is responsible for the ACES. Since January 1, 1995, a black man has held this position. J. Smith (1/31/95) 4-5; 95 150. 419. The Associate Director for human resources, Dr. James Smith, is black and has had the same personnel-related duties since 1979. J. Smith (1/31/95) 2, 18-19. Eighty-two percent of the total budget is personnel related. J. Smith (1/31/95) 4. 420. Dr. Smith provides leadership for the overall selection of employees, involving recruitment, affirmative action, promotion, performance appraisal process, salary and wage administration, the orientation of new staff, in-service training and education, professional improvement opportunities for staff, and budget analysis and budget management. J. Smith (1/31/95) 3-4, 18. Of about 800 employees, 30% are black. J. Smith (1/31/95) 18. 421. Ms. Wilma Ruffin, a black woman serves as the assistant director for youth programs, providing leadership for the entire youth development program in Alabama. J. Smith (1/31/95) 19; Johnson (1/31/95) 9; 95 151. 422. Mr. W.L. Strain, a black man, serves as the assistant director for communications, providing leadership for all publications, satellite up-link and down-link, and mail. J. Smith (1/31/95) 19; Johnson (1/31/95) 9; 95 151. 423. Black men, P.W. Brown and Lloyd Royston, also serve as Affirmative Action Program Officer & Assistant to the Vice President, and Extension Assistant to the Director for Marketing Relations, respectively. 95 151. 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 83/195 Specialists 424 specialists are located in AU's college of agriculture, school of forestry, school of human sciences, and school of science and math. Johnson (1/31/95) 15. 425 extension specialists, who have expertise in specific disciplines, are scientists responsible for delivering information from a campus to the people in Alabama through the county agents. Johnson (1/31/95) 14; 95 144, pp. 3780-81. Specialists train county agents in the latest technical research, and write publications that are distributed to the clientele. 95 144, pp. 3780-81. 426 Ph.D. is required for extension specialists, who work toward promotion and tenure within an academic department. J. Smith (1/31/95) 7; G. Smith (1/31/95) 33. The increasing complexity of issues dealt with by the require specialists to work 325 within academic departments. G. Smith (1/31/95) 34. They are paid by the and perform specialized work for the ACES. Johnson (1/31/95) 15-16. 427. About 6.5% (6 of 92) of the specialists are black, although nationally only about two percent of the Ph.D.'s in the specialists' subject matter areas are held by blacks. J. Smith (1/31/95) 7-8. 428. The is seeking more black specialists by a vigorous recruiting program, a \"Grow Your Own\" program, and by paying current black employees while they work toward an advanced degree. J. Smith (1/31/95) 8-9. 429 extension policy and programming and policy is determined through a combination of \"bottom up\" and \"top down\" approaches. 95 2, p. 16. And black citizens participate adequately at all stages. From the Bottom 430 extension programs are developed with input from the local, state and federal level, but with a heavy reliance on local input. Johnson (1/31/95) 13. The has county extension advisory boards in each of Alabama's sixty-seven counties. Johnson (1/31/95) 13. The county advisory boards make the extension service unique, in that citizens at the grass 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 84/195 roots level participate in the formulation of extension policy by meeting with the agents as a group and discussing the needs of the counties. J. Smith (1/31/95) 34. 431. The \"bottom up\" programming approach begins with the county extension advisory boards within each county. Currently the racial composition of the membership of the 67 county extension advisory boards is 29% black, including 277 black, 667 white and 1 other. 95 2, pp. 16, 20; Johnson (1/31/95) 13; 95 156. 432. The county advisory boards look at issues and concerns of the respective county and give advice on which issues and concerns are appropriate for extension to address, help the county staff determine its priorities, and assist the in identifying educational programs needed in the county. Johnson (1/31/95) 14, 21; J. Smith (1/31/95) 34-35; 95 248, p. 3. 433. The county agents listen carefully to suggestions of the county advisory boards, and are responsive to the suggestions of those boards. J. Smith (1/31/95) 35-36; G. Smith (1/31/95) 12-13. 434 county plans of work are developed with input from the county advisory boards and by consideration of state and national trends, assuming such trends are relevant to the county's needs. Johnson (1/31/95) 21; 95 313, 314, 315, 316, 317. From the county plan of work, each individual agent develops his or her own individual plan of work. Johnson (1/31/95) 16, 21. 435. While there are national and state extension priorities, extension activity in counties is largely determined by each county's advisory board working with the county agent coordinator and county staff. Bateman (2/8/95) 14. 436. After county advisory boards identify local issues of widespread public concern, the tabulates issues from all sixty-seven counties to help develop statewide programs. Johnson (1/31/95) 13-14; 95 161; 95 653. 437. The Court concludes that black Alabamians appropriately and meaningfully participate in identifying needs in the counties, communicating those needs through the organizational structure, and bringing the resources of the and the Experiment Station to meet those needs 2, pp. 21, 29; Anderson (3/2/95) 68; J. Smith (1/31/95) 34-36; G. Smith (1/31/95) 9-10, 12-13, 39-41; Johnson (1/31/95) 13-14, 21 156. The Court notes that the representation of blacks in the administrative structure approximates the percentage black population in the state. 95 2, p. 29; Anderson (3/2/95) 68. [31] 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 85/195 438. Black Alabamians participate in the formulation of extension programming from the grass roots level. J. Smith (1/31/95) 20. 439. Also at the county level, county commissioners decide the level of funding for local support of local extension programming 326 and decide the location of the extension office. As of Fall 1994 23% of Alabama's county commissioner's were black. 95 2, p. 17. From the Top 440. At the state level, the has input from the specialist staff which is responsible for tracking trends across the state, and emphasizing statewide needs. These specialists also consider the effect of national issues on the people of Alabama, and whether such issues need to be addressed in Alabama. Johnson (1/31/95) 13. As stated above, 6.5% of the specialists are black, notwithstanding that only 2% of the Ph.D.s in the various areas are black. 441. The ACES, at the state level, reviews the county extension advisory board reports, other relevant data from across the state, and national trends to update plans of work. Johnson (1/31/95) 18-19. Statewide and individual county four year plans of work are updated annually, taking into account accomplishments and changing priorities. Johnson (1/31/95) 18; 95 684. 442. At the state level, the leadership team includes black persons in 1 of 2 associate extension director positions and 4 of 7 assistant positions. 95 2, p. 20. The Court set these out specifically, supra, at paragraphs 418 through 423. 443. The total leadership team at the state level, made up of five blacks and five whites, provides overall direction for all extension programs, insures that the is meeting needs across the state, and is responsible for designing and implementing polices and procedures for all administrative activities that go into dealing with people across the state. J. Smith (1/31/95) 5; G. Smith (1/31/95) 15-17. 444. After statewide priorities are determined, initiative teams are named to write descriptions of those statewide initiatives or priorities, and to develop training manuals which enable personnel to disseminate this information across the state. Counties then write their plans of work, which include individual extension agents' plans of work. Johnson (1/31/95) 16; 95 313, 314, 315, 316, 317. 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 86/195 445. Twelve initiative teams lead program development in the 12 \"issue and base\" programming areas; all 12 have one or more black members and 2 have majority black membership. Across all 12 teams, 30% of the members are black. 95 2, p. 16. 446. The Court concludes that blacks Alabamians are adequately represented in the upper echelons of the ACES. From the Middle 447. In terms of programs carried out at the local level in the Extension Service, the agents develop their plans of work, with advice from the County Advisory Boards. The annual plans are then submitted to the County Coordinator and then to the District Agent for approval. However, the development of local extension programs and the approval of plans of work goes no further than the District Agent Ex. 95 (Deposition of Smith), pp. 85-88. Therefore, the District Agent is a crucial person in terms of the development of extension policy or programs, and final approval authority for those programs lies at the District Agent level. 448. District agents include four whites, three blacks, and two others, who are involved in the direction of the extension policy and who supervise black and white agents. J. Smith (1/31/95) 5; G. Smith (1/31/95) 17, 19. 449. The district agents also monitor programming, including the design of individual agents' plans of work, and insure program balance. G. Smith (1/31/95) 17. 450. At the county level programming is tailored and delivered by the county extension agents under the direction of a county agent coordinator in each county. All county agent coordinators are employees. As of August 1994, 64 of the 67 county agent coordinator positions were filled, 18% by black people. 95 2, p. 20. 451. Of the 249 county agents, 72 (29%) are black. J. Smith (1/31/95) 6; 95 2, p. 16. 452. There is no evidence that black citizens' concerns are ignored by the land grant policy making structures. 327 453. The Court concludes that black involvement in the administrative structure of is adequate and no remedy is required to increase black citizens' involvement in 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 87/195 extension policy-making. 454. The Court notes, however, that the Court's Remedial Decree, unifying the system and making a full participant, will consequently increase black participation in extension policymaking. Black Involvement in Research Policy Making 455. The Experiment Station funds research on the basis of five year projects. Particular research is re-evaluated after four to five years to determine whether the research should continue to be funded, or defunded and resources used elsewhere. 95 94 (Deposition of Frobish), p. 9. 456. Annual planning of research involves evaluating such particular projects that are up for review. 95 94 (Deposition of Frobish), p. 22. Those involved in this evaluation are the faculty members conducting the research in that particular area, department heads, and deans. 95 94 (Deposition of Frobish), p. 22. 457. If the Experiment Station is going into a new area the faculty conducts a scientific review process. 95 94 (Deposition of Frobish), p. 23. They evaluate the project for \"its science, its relevancy, and say whether it should be approved or not.\" 95 94 (Deposition of Frobish), p. 23. 458. In 1989, the various program units of began a strategic planning process. In conjunction with that process by the university, the \"Director of the Alabama Agricultural Experiment Station, Dr. Lowell Frobish, commissioned a consultative/advisory Task Force to provide input for development\" of an \"Alabama Agricultural Research Plan for the 21st Century.\" 95 783, p. i. 459. The members of that Task Force were Dr. James H. Anderson, Vice Provost and Dean, College of Agriculture and Natural Resources, Michigan State University; Dr. James L. Ayres, Pert Laboratories, Edenton, North Carolina; the Honorable Ann Bedsole, Chairman, Senate Agricultural Committee, State of Alabama; Dr. J. Charles Lee, Associate Deputy Chancellor and Executive Associate Dean, College of Agriculture, Texas University; the Honorable Albert McDonald, Commissioner, Department of Agriculture and Industries; Dr. Robert Oltjen, Deputy Administrator, Agricultural Research Service, U.S. Department of Agriculture; Dr. Irving T. Omvedt, Vice Chancellor, Agriculture Committee, House of Representatives, State of Alabama; Dr. Bobby Robinson, Associate Administrator, 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 88/195 Economic Research Service, U.S. Department of Agriculture; Dr. James H. Sanford, President, Home Place Farms, Inc., Prattville, Alabama; Dr. Robert Stickney, Director, School of Fisheries, University of Washington; Dr. V. Van Volk, Associate Director, Oregon Agricultural Experiment Station, Oregon State University; and Dr. E.T. York, Jr., Chancellor Emeritus, State University System of Florida and Distinguished Service Professor, University of Florida, who chaired the Task Force. 95 783, p. iv-v. 460. Administrators from Tuskegee and addressed the Task Force regarding the research done at those institutions. 95 94 (Deposition of Frobish), p. 20. In addition, during the course of four days of hearings, held throughout the State, the Task Force heard from a variety of people, and received various other background information. 95 783, pp. ii-iii. 461. The Task Force outlined ten research areas, and the Experiment Station is putting together faculty committees to help identify priorities in those areas. 95 94 (Deposition of Frobish), p. 21. 462. Although the Task Force completed its particular responsibility, the planning process is ongoing. 95 94 (Deposition of Frobish), p. 20. 328 463. In planning the use of appropriated funds, the Experiment Station takes account of research done in other states. The knowledge of other research is obtained from professional meetings of the scientists, literature, and certain scientific databases. 95 94 (Deposition of Frobish), p. 53-54. 464. The Experiment Station seeks advice on needed research from advisory committees in the Schools of Agriculture, and Forestry at Auburn. 95 94 (Deposition of Frobish), p. 55. The School of Agriculture Advisory Committee has 39 members, one of whom is black. The School of Forestry Advisory Committee has 51 members, one of whom is black. 95 91; Anderson (3/2/95) 94. The Experiment Station also listens to the advisory committees in the Schools of Science and Math, and Human Sciences. 95 94 (Deposition of Frobish), p. 57-58. These committees do not have black members. 95 91; Anderson (3/2/95) 94. 465. Importantly, however, the Experiment Station also relies heavily on extension specialists to inform it of areas of needed research. 95 94 (Deposition of Frobish), p. 56-57. Extension specialists directly inform the scientists of needed research, work in the same departments as the scientists and interact with them daily, and some specialists have joint appointments in extension and research. Parks (2/1/95) 21. [32] 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 89/195 466. Black citizens' primary influence on research priorities comes from county agents and extension specialists informing the Experiment Station of priority areas. 95 94 (Deposition of Frobish), p. 88; 95 2, p. 22. 467. Finally, the Experiment Station also relies upon the advisory committees of commodity groups to determine needed research. 95 94 (Deposition of Frobish), p. 58. The commodity groups, on occasion, provide grants for research. 95 94 (Deposition of Frobish), p. 58. To obtain that funding, researchers submit proposals, and the group decides what research it will fund. 95 94 (Deposition of Frobish), p. 58- 59. 468. The federal legislation requires that AU, AAMU, and Tuskegee use federal funds in a unified plan. To that end, the research directors from the three schools meet and develop a plan for expenditure of federal funds. 95 94 (Deposition of Frobish), p. 74-75. 469. At this point and do not explicitly confer on the expenditure of their respective state funds. 95 94 (Deposition of Frobish), p. 75-76. However, in deciding how to use federal funds, the schools take account of all their research projects; the Court concludes, therefore, the state funded research is accounted for in deciding how to spend federal funds. 95 94 (Deposition of Frobish), p. 78-79. 470. In light of the high percentage of black extension specialists, the autonomy of the scientists, and the coordination between extension and research, the Court finds that black Alabamians have sufficient input into research policy. 471. The Court concludes, however, that should the previous finding be erroneous, the Court's Remedial Decree, unifying the system and making a full participant, will significantly increase black participation in research policymaking. Delivery of Extension Services and Black Farmers 472 key to equitable extension service delivery to people of all races is to have people of all races involved in extension work. Williams (3/7/95) 22-23. The Court has found that such obtains in the ACES. 473. The Court's previous findings regarding black farmers in Alabama are found at Knight, 787 F. Supp. at 1171, \u00b6\u00b6 774, 775. In short, the Court found that the declining [33] 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 90/195 number of black farmers had nothing to do with the allocation of land grant funding, but 329 resulted from general societal and sociological forces. Id. 474. The Court concludes that these previous findings are correct there are no current segregative effects of the disparate allocation of land grant funding on the numbers of black farmers. 95 2, p. 21; Enarson (2/21/95) 147; Fleming 2/22/95) 137; Smith, J. (1/31/95) 22-23; Ifill (1/31/95) 4; Smith, G. (1/31/95) 6-10; 95 304, 305, 306, 307, 308. Historically 475. From 1965 to 1971 Dr. James Smith was an assistant Negro county agent. In the 1985 trial Dr. Jim Smith testified that he saw blacks leave the farms in the 1960's, in part, because of receiving information from extension. The black farmers had almost no capital, and when extension specialists gave them information on actions to increase yields, the black farmers realized they did not have the money to implement the actions. 95 144, pp. 3806-07. Dr. Smith re-affirmed his 1985 opinions in his 1995 testimony. J. Smith (1/31/95) 28. 476. Dr. Smith further testified in 1995 that black farmers left farms because of lack of capital, lack of land, lack of labor, and generally impoverished circumstances, and not because of poor extension services. J. Smith (1/31/95) 22-23. Dr. Smith noted that prior to integration of the extension services, the Tuskegee extension service provided excellent information and that after integration, \"we still provided top technical information to farmers, but blacks, they still left the farm.\" J. Smith (1/31/95) 23. Currently 477. Currently, extension service program balance by race, gender, age, socio-economic status, etc., is required at all levels of the land grant system. J. Smith (1/31/95) 9-11, 13-14; Johnson (1/31/95) 21-22, 24; 95 652; 95 154; 95 153; 95 321. 478. Agents and extension staff are evaluated on the balance and parity in the delivery of services. J. Smith (1/31/95) 11-14; 95 666; 95 321. 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 91/195 479. The has never cited for lack of balance, and in fact, has been complementary of in program and civil rights affirmative action reviews. G. Smith (1/31/95) 14; 95 310; 95 311; 95 312. 480 has appropriate and adequate mechanisms in place to ensure that the employees of achieve parity in the planning and delivery of services to black and white clientele, and achieve balance in service delivery to all segments of the population in each of the 67 Alabama counties. J. Smith (1/31/95) 9-17; G. Smith (1/31/95) 13-14, 16; Johnson (1/31/95) 22-24. 481. The Court also incorporates its findings regarding black involvement in land grant policy making at all levels. Supra, 418-454. Because of the degree of black participation in land grant policy making, the possibility of discriminatory delivery is nil. 482. Furthermore, there is no evidence in the record of any remedy, much less an educationally sound and practicable one that would induce blacks to return to the farms in even negligible, much less appreciable, numbers. 483. Any hidden problems regarding lack of delivery to black citizens will be consequently remedied by the unification of the system. Effect of Land Grant Funding on Student Choice 484. The weight of the evidence shows that agriculture, research, and public service, in and of themselves, do not effect student choice. Boutwell (2/6/95) 7; Enarson (2/21/95) 146- 47; Fleming (2/22/95) 135-36, 140-41; Lennon (3/13/95) 10, 13; 95 2, p. 28. Any direct effect on student choice would be at the graduate level in the particular areas in which a given graduate student is interested. Fretz (3/6/95) 59; York (3/13/95) 41; 95 2, p. 28. 485. The pervasiveness of AU's involvement in cooperative extension, however, has a general, and quite considerable, effect on student choice. Fretz (3/6/95) 60; Neufville (3/6/95) 8; Williams (3/7/95) 9; 95 2, p. 28. 486. In terms of the experiment station, more research dollars allows a school to attract 330 more and better faculty and staff. 95 2, p. 22; Neufville (3/6/95) 4, 9. 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 92/195 487. In sum, the Court adopts one witness's statement: \"To the degree that you have increased resources in any institution, then that institution's attractiveness, that institution's strength is enhanced, because it is in a better position to offer a broader array of classes, it is better staffed in terms of just the kind of faculty it can attract and retain, and so that strengthens the institution and to the degree that the institution is strengthened in those ways, it becomes more attractive to students who are looking for options, and it becomes just a place that is more likely to attract students.\" Allen (3/9/95) 66; Leslie (3/1/95) 162-63; Neufville (3/6/95) 9 2, p. 28. 488. Attached as Appendix to this Order are charts showing the levels of land grant funding. 489. Dr. Gaines Smith, interim director of the Alabama Cooperative Extension Service, stated that past trends in state appropriations are not a good predictor of future appropriations. G. Smith (1/31/95) 44-45. More generally, the trend is toward flat formula funding and increased competitive grant funding. Anderson (3/2/95) 59; Cooper (3/7/95) 10-11. In order to compete for some competitive monies, state or other non-federal matching funds are required. Cooper (3/7/95) 11. 490. Dr. Fretz, the Dean of the College of Agriculture and the University of Maryland- College Park, testified that the Maryland experiment station sets aside some already appropriated money for competitive grants for its own researchers. Fretz (3/6/95) 24, 51- 52. Urban Rural Split 491. Dr. Anderson, the court-appointed land grant expert recommended dividing land grant responsibility along an urban and rural axis, and giving responsibility for rural programs, and responsibility for urban programs. The Court concludes that such a strict division is not educationally sound, practicable, or desegregative. 492. Although extension and research are historically agriculturally oriented and still, to a certain extent, emphasize agriculture and rural concerns, today the land grant structure serves all citizens. Bateman (3/9/95) 7-8. 493. Too great of a focus on predominating urban problems will make the extension service a social service agency. Enarson (2/21/95) 70; Anderson (3/2/95) 72-73. Extension should 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 93/195 be a research based educational delivery system, not a social service agency. Anderson (3/2/95) 72-73. 494. Some differences exist in delivery of extension services in urban and rural areas. G. Smith (1/31/95) 38-39; Johnson (1/31/95) 30. Such differences are normally accounted for in balancing programs, and is done in planning on the local level. J. Smith (1/31/95) 10, 12. 495. The Experiment Station is not the entire research base of the ACES. There is a more general research program throughout that comprises part of the research base of the extension service. Parks (2/1/95) 26-27; G. Smith (1/31/95) 17-19. The modern day experiment station includes work not only in agriculture but also in the life sciences and Home Economics. Bateman (3/9/95) 8. 496. Of ACES' twelve statewide initiatives, none can properly be classified as essentially \"urban\" or essentially \"rural;\" each initiative is important for both rural and urban counties and audiences across the state. Johnson (1/31/95) 12; Fretz (3/6/95) 9; Bateman (3/9/95) 17, 47; Boutwell (2/6/95) 35-36; Caples (3/1/95) 69-70; Enarson (2/21/95) 62; G. Smith (1/31/95) 22-23; Lennon (3/13/95) 20, 34; Johnson (1/31/95) 12, 25-26; 95 655; 95 653. 497. Five of the ten urban counties are the five top agricultural counties in Alabama. Those counties, with their county seat in parentheses, are Mobile (Mobile), Houston (Dothan), Montgomery (Montgomery), Madison (Huntsville), Lauderdale (Florence). G. Smith (1/31/95) 21. 498. Madison County (Huntsville) is Alabama's third or fourth largest county in terms of population, and fifth in terms of agricultural production. Ifill (1/31/95) 4. 331 The county agent coordinator for Madison County is a black woman. Ifill (1/31/95) 3. Three extension agents in Madison County have agricultural issues as their primary assignment. Ifill (1/31/95) 4-5. Two agents are assigned to the delivery of youth programs, another agent works in family programs and the county agent coordinator is responsible for nutrition programs. Ifill (1/31/95) 5. 499. In Madison County delivers educational programs such as family money management and Expanded Food and Nutrition Educational Program (EFNEP). The subject matter of these programs is the same whether delivered in rural Madison County or in urban Huntsville delivers school-based 4 programs and out-of-school 4 programs, farm safety programs and programs targeted at environmental issues. Ifill (1/31/95) 7-9. 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 94/195 500. Jefferson County has the largest population of any county in the state. 95 11, p. 2. The has four agricultural agents in Jefferson County, which has approximately 45,000 acres in agricultural production, cultivated mostly by small producers. Wilson (1/31/95) 5; G. Smith (1/31/95) 5. In addition to agricultural programs, agents in Jefferson County deliver educational programs to clientele in urban areas, including subjects such as nutrition and principles of parenting. G. Smith (1/31/95) 6. The delivers educational programs to 4 clubs in the Birmingham metropolitan area and in the Birmingham public school system, such as \"Just Me By Myself,\" a latch-key program directed toward children, and 4 (Diet's Our Thing), designed to provide nutrition information to low income youth between the ages of 9 and 19. Wilson (1/31/95) 3; AUXs 280-295. The racial composition of the clientele in the Birmingham public school system is 91.50% black. Wilson (1/31/95) 3. 501. Production agriculture is important in Mobile County the second largest county in population particularly the nursery industry, placing Mobile County as the seventh largest agricultural county in the state. Miles (1/31/95) 3; Hartselle (1/31/95) 3. 502. There are nine agents in Mobile County, four of whom are agricultural agents. Miles (1/31/95) 6. Subject matter areas of other agents include youth at risk, food and nutrition, family well-being, traditional 4 programs, and money management. Miles (1/31/95) 3-4. 503. One white extension agent in Mobile County delivers programs to an inner-city youth clientele that is approximately 85% black. Hartselle (1/31/95) 2-3. 504. Among the educational programs delivered by in Mobile County are Sober Kids in Partnership, designed to encourage middle and high school students to sign a pledge to be substance free, (Hartselle (1/31/95) 3-4; AUXs 296-298), and a program in which takes a group of children from Mobile County to for an annual performing arts workshop. Hartselle (1/31/95) 3-4; 95 296, 297, 298. 505. In population, Wilcox County ranks sixtieth among Alabama's 67 counties. Hollinger (1/31/95) 3. 506. In Wilcox County, at least 80% of the agents' time is devoted to the delivery of educational programs that are not related to production agriculture. Hollinger (1/31/95) 5; 95 317, pp. 47883-84. 507. During the past year in Wilcox County has delivered health programs in collaboration with UAB, educational programs in leadership, and programs on marketing 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 95/195 for small businesses, access to credit for women, and tourism promotion. Hollinger (1/31/95) 5. The also delivers educational programs in Wilcox county in forestry, job preparedness and water quality. Hollinger (1/31/95) 7-11. 508. Because of the evident overlap, the Court concludes that a strict division of responsibility between urban and rural is not practicable or sound. 509. In fact, an urban/rural division of responsibility between separate and extension systems will exacerbate the separateness already found in the system. G. Smith (1/31/95) 23. The Court concludes, therefore, that such a division would not be desegregative. 332 510. Notwithstanding the foregoing, land grant extension efforts must increase in urban areas. Wong (2/27/95) 18; Anderson (3/2/95) 41; Fleming (2/22/95) 42. The expansion of the urban extension effort, however, must draw upon the expertise of institutions in addition to AAMU. Anderson (3/2/95) 13; Enarson (2/21/95) 61, 72. Remedial Findings 511. The Court finds that a single (public) land grant extension system, unified at all levels, is the most educationally sound, practicable and desegregative remedy. 512. The Court concludes that it is not educationally sound or practicable to use extension and research to enhance one institution, separate from the system, because the land grant function must serve the entire state. Bateman (3/9/95) 20-21. 513 single state wide land grant program will better serve all Alabamians, greatly reducing program duplication and competition. 514. More importantly for this case, unified system will make a full participant in a strong and distinguished land grant system with AU. Unifying the relative and respective strengths of and will create a stronger, more effective land grant system, as well as one that eliminates segregative effects present in the current system. The unified system will allow the Associate Directors at to call on the resources of the entire system to better reach a clientele which has a desire to reach. Finally a unified system will insure that all land grant resources are used to benefit the entire state. 95 2, p. 33-34. [34] [35] 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 96/195 515. Placing an Associate Director for Extension at with responsibility for urban affairs and new nontraditional programming is an essential part of the unified system. Lennon (3/13/95) 44 having specific program responsibility within the system is what will make a full participant in the system. Lennon (3/13/95) 44. 516. Officials at already have some experience and expertise at reaching a urban audience. Placing the Associate Director at provides with a distinctive and differentiated role in the unified system. See 95 2, p. 36. 517. The other portions of the Court's extension remedy e.g., rotating the annual 4 conference between and AAMU, requiring replacement of extension service stationery, requiring relocation of the North Alabama District Extension Office from Decatur to AAMU's campus, reporting requirements, committee and team make-up requirements, combining extension offices, etc. are all designed, to some degree or another, to create the image and reality of the unified system in which both and are full, if distinguishable, participants. 518. The Court's extension remedy also avoids the image of subservience of great concern to 1890 officials because AU, by virtue of the unified system, will not be allowed to dictate to AAMU. The Director, although ultimately appointed by AU's President, is under Court mandate to make a full participant in the system he heads. Moreover, the areas for which the Associate Director housed at is responsible are areas of increasing future importance, and no 333 competent land grant director can ignore them or the Associate Director. The Court is under no illusions but that, for the foreseeable future, the Director will be an \"ag man;\" therefore, for the unified system to work, the Director will have to appoint a competent and trusted Associate Director at and rely upon him. 519. Likewise, the Court finds that AAMU's administration, in the past, has been unenthusiastic about cooperation in the land grant area. York (3/13/95) 26-27. The Court also notes that AAMU's leadership has been less than stable during this litigation. 520. Similarly, the unification of the Experiment Station, the placement of an Associate Director at AAMU, and the requirement that all research be of benefit to the entire state makes a full participant in the land grant research base, with all the results previously discussed. 521. The Court finds that, in the research context, uncooperative behavior is less of a problem. 95 95 (Deposition of Frobish), pp. 74-79. Ultimately research is decided [36] 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 97/195 by scientists, and the scientists appear cooperative, at least in avoiding wasteful duplication. 522. The Court's experiment station remedy, also avoids any hint of subservience. The Associate Director will be appointed by AAMU's president; and the Court, not the Director, is requiring that research funding be expended for the benefit of the entire state in a non- duplicative manner. The Extension Director 523. The Court concludes that educational soundness and practicability requires that there be one extension director, appointed by and housed at AU. 524. One entity must have ultimate responsibility. Bateman (3/9/95) 18, 47-48; Lennon (3/13/95) 20-21; Boutwell (2/6/95) 35; see also Fretz (3/6/95) 25, 42-44, 61-62; Neufville (3/6/95) 25, 33-34. An organizational structure must support the needs of people and not be personality dependant; i.e., someone in the structure must have the authority to solve problems. Lennon (3/13/95) 41-42. 525. It is not practicable to have the Director ultimately responsible to two different institutions. Boutwell (2/6/95) 35. This is especially true in this case, because of the instability of presidential leadership at AAMU. 526. Removing the Director from AU's campus will decimate his effectiveness and hurt his position within the university. Fleming (2/22/95) 38-39; Boutwell (2/6/95) 35; G. Smith (1/31/95) 24, 36-37. Placement off-campus would make the Director a figure head, and decrease rather than increase the reality of a unified system. G. Smith (1/31/95) 24. 527. The Court concludes that it is not educationally sound or practicable, at this time, to remove the Director's office from AU. Jordan (3/8/95) 46; Bateman (3/9/95) 16-17; Boutwell (2/6/95) 34-35; Fretz (3/6/95) 48. Because of the relationship between extension and research, the director should remain near the research base. Jordan (3/8/95) 46; Fretz (3/6/95) 48; G. Smith (1/31/95) 24. 528. The Court notes, however, that it is crucial that the Director spend time at AAMU. Lennon (3/13/95) 43-44. To that end the Court requires that maintain an office for the Director. 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 98/195 Other States 529. The parties have made it clear to the Court that other states and parties are looking to this Court and this case for direction on important issues. 530. Two crucial facts make this case in Alabama different than any other about which the Court heard the lack of a board of regents and the lack of any cooperation, historically, between and AU. 531. North Carolina, Maryland, South Carolina, Georgia, Texas, Louisiana, Mississippi, Missouri, Florida all have boards of regents. It is difficult to overstate the importance of a board of regents in a case such as this. Because black citizens participate in policy making at the state level, and the board of regents is somewhat responsive to voters, many problems this Court faces, especially in the land grant area, should not occur in states with such boards. Moreover, 334 such a board can remove any appearance of one institution dictating to another, and can diminish the effects of institutional territorialism. 532. The Court also heard testimony that the practical lack of cooperation existing between and does not obtain in other states. 533. The Court, therefore, notes that little it does in this case is portable to other states and other cases with their own peculiar facts. Tuskegee University 534. At this point the Court notes some representations made to the Court via Tuskegee's amicus curiae brief. Tuskegee, itself, did not attempt to join this litigation as a full participant until after the court-appointed expert submitted his report a couple months before trial, and it appeared that the HBIs may be the beneficiaries of significant new monies. Tuskegee is a private institution, and the state of Alabama has no obligation to provide any particular funds to it. The federal land grant monies flowing to Tuskegee do so pursuant to federal statutes. The Court wishes to make clear that at any point the Court's Findings or Decree say it emphatically does not mean and Tuskegee. 535. Tuskegee supports a great deal of quality research, including a number of national centers, as well as goat, sweet potato, environmental and poultry research , among [37] [38] 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 99/195 others. Proposed Findings of Fact and Conclusions of Law of Amicus Curiae Tuskegee University on Land Grant Issues 14-24. 536. \"During 1985-95 Tuskegee University faculty and administration in partnership with other institutions and agencies obtained funding totaling over $100 million to enhance facilities and research, teaching and outreach programs to effectively carry out the landgrant mission.\" Id. at 24. 537. Tuskegee University also apparently maintains a rather ambitious cooperative extension program. Id. at 26-34. 538. The Court states quite categorically nothing in the Remedial Decree is intended to benefit or harm Tuskegee. What Alabama in general, or the new unified land grant system in particular, do about Tuskegee is outside the scope of this litigation, to the extent, of course, that any action does not hamper this Court's remedial efforts 539. The Eleventh Circuit's mandate in the curriculum area states We therefore vacate the district court's ruling denying relief on the curriculum claim and remand the claim for reconsideration. On remand the district court should address defendants' First Amendment arguments and the appropriate role for First Amendment concerns in applying Fordice to this case. As regards the Fordice analysis itself, the court should determine whether the curricula at the different HWIs are indeed deficient in the degree to which they incorporate black thought, culture, and history. The court should then proceed to determine whether that marginalization, if any, is traceable to Alabama's past regime of segregation and discrimination and, if so, whether, by itself or in combination with other vestiges of segregation, it has continuing segregative effects on student choice. Finally, if the court concludes that any identified vestigial deficiencies indeed have such an effect, it should evaluate the full range of possible alternative remedies to determine whether any alternative is practicable and educationally sound. We decline at this time 335 to suggest how First Amendment concerns should play into the Fordice analysis. 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 100/195 14 F.3d at 1553. Generally 540. Plaintiffs define Black Studies as \"the study of people of African descent, throughout the African Diaspora, their language, history, culture, from a point of view of being African.\" Knight-Sims Plaintiffs' Remand Post-Trial Brief, p. 145 (citing Winbush (1/30/95) 5). In their proposal Plaintiffs state \"African-American studies shall mean the academic discipline dedicated to study of black Americans and other persons of African descent from their own perspective, that is, as subjects rather than objects, as agents of history and culture rather than simply as those upon whom Euro-American history and culture have acted principal focus of African-American studies shall be the efforts of Africans and members of the African diaspora, particularly those in North America, to situate themselves in the modern world and to represent themselves to themselves and others.\" 95 48, p. 4. 541. During the testimony of Plaintiffs' curriculum expert, the following exchange occurred: \"Mr. Boyd: And there is even debate now, isn't there, in both black colleges and white colleges about whether black studies is legitimate in the academy, isn't that right? Dr. Winbush: Yeah, sure.\" Thus, Plaintiffs' own expert concedes that black studies' legitimacy within the academy is being debated. Winbush (1/30/95) 23; see also Gross (2/9/95) 39, 43-44. 542. Plaintiffs cite Dr. Enarson for the proposition that Black Studies is a \"legitimate academic discipline.\" Dr. Enarson testified that it was an academic discipline, but expressed no opinion regarding its legitimacy, and further, emphaticly disputed the scholarly legitimacy of Plaintiffs' definition of Black Studies. Enarson (2/21/95) 50. Dr. Enarson wrote in his report \"Today, Black Studies are no longer a matter of overt controversy, but have earned the grudging respect from mainstream academics 1, p. 67. 543. Plaintiffs cite Dr. Barry Gross for the general proposition that Black Studies is a \"legitimate academic discipline.\" Dr. Gross, while acknowledging that black studies is a legitimate study, added that he did not think every department was legitimate. Gross (2/9/95) 16, 36; see also Whatley-Smith (2/7/95) 16-20. 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 101/195 544. The vast majority of institutions offering black studies offer them in an interdisciplinary, rather than a departmental mode. 95 6, pp. 6, 11. 545. Most universities infuse black thought, history, and culture throughout the general and core curriculum. Fleming (2/22/95) 114; 95 1, p. 69; Trendler (2/9/95) 18. There are four, more formal, academic structures or organizations used by some institutions: departments, centers, institutes and programs. Winbush (1/30/95) 8-9. Although the existence of one of the formal structures is not mutually exclusive of general infusion, the vast majority of universities do not have one of the formal structures. See 95 22, p. 56, table 4; 95 242. 546. The formal organizational types differ in funding, control of curriculum, and faculty appointments. The department structure provides the most control and stability, in terms of budget, tenure and program security. Winbush (1/30/95) 8. 547. An institute is the weakest formal structure, and may consist only of a faculty member's office or a post office box. Winbush (1/30/95) 9. 548. Programs are interdisciplinary, involving faculty who are appointed in a department, such as English, history, sociology, etc., and teach courses in black studies. Programs, relative to departments, are less rigorous, probably less funded and less secure. Winbush (1/30/95) 8. However, there was no evidence of a black studies program beginning and then being terminated by a university administration. 549. Centers comprise an intermediate step between programs and departments. Centers are flexible and useful for bringing in scholars and generating research dollars. Winbush (1/30/95) 9. 336 550. There is no consensus as to whether there exists any one superior method, of incorporating black thought, history and culture into academia. Fleming (2/22/95) 10, 114- 15; Enarson (2/21/95) 45-46; 95 4, p. 25; 95 3, p. 12. 551. There is no accepted measure of sufficiency or deficiency of the incorporation of black thought, history, and culture in a curriculum. Epps (1/30/95) 16-17; Gross (2/9/95) 5-6; 95 1, pp. 72, 76; Enarson (2/21/95) 43; Nance (2/7/95) 95-98. 552. The Court finds that departmental, programmatic, institutional, or center status are merely additional methods, in addition to general infusion, for incorporating black thought, history, and culture into the university curriculum. 95 4, p. 25; Trendler 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 102/195 (2/9/95) 14-17; 95 6, pp. 6-11; Jordan (3/8/95) 94-95; Jordan (3/8/95) 94; Clark (2/15/95) 31. Standard of Deficiency or the Lack Thereof 553. No standard exists in U.S. higher education, in custom or practice, that measures or purports to measure sufficiency or deficiency respecting the incorporation of black thought, culture and history offered in individual undergraduate or graduate courses, or in the curriculum as a whole. No standard exists to determine \"deficiency\" regarding either the content or the perspective from which the content is taught, and none can be devised. There is no standard in any other discipline, and there is no naturally occurring amount of content that would \"be right.\" 95 1, p. 76; Gross (2/9/95) 5-6. 554. Plaintiffs' expert, Dr. Epps, in evaluating the general and core curriculums, reviewed syllabi and faculty vita looking for \"substantial inclusion\" of African-American content in courses, and defined \"substantial inclusion\" as over fifty percent (50%). He did not, however, investigate class discussions or interview faculty members. He acknowledged that he had never previously used this methodology to analyze curriculum. Dr. Epps admitted that in his personal opinion, American universities throughout the country are deficient in their infusion of black thought, culture and history, whether he was familiar with them or not. Epps (1/30/95) 55. The Court rejects Dr. Epps' methods and benchmark as a standard for sufficiency of curricular incorporation of black thought, history and culture. As a standard, it is arbitrary and unreasonable, and has no articulable basis in academia. 555. The Court notes, however, that even accepting Dr. Epps' methods (not his standard), the curricular incorporation of black thought, history and culture in Alabama's PWIs is sufficient. Enarson (2/21/95) 22-23, 56; Trendler (2/9/95) 17-18; Gross (2/9/95) 12-13. 556. Plaintiffs' other expert, Dr. Winbush, who is on the Executive Board of the National Council of Black Studies, articulated a standard requiring that courses spend a \"significant portion\" of course time and activity on African-Americans, and acknowledged that such a standard was \"very subjective.\" Winbush (1/30/95) 52. Dr. Winbush's opinion focused primarily on the presence or absence of a black studies program or department. Winbush (1/30/95) 17-18. The Court rejects Dr. Winbush's inarticulable \"significant portion\" standard as a rule of decision. The Court will address the black-studies-program-or- department standard more fully below. 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 103/195 557. Dr. Winbush used the definition of black studies set forth supra, \u00b6 540, but did not even investigate whether the general curricular content treated blacks as objects or subjects. Winbush (1/30/95) 45. Dr. Winbush, therefore, did not even evaluate the general curriculum by the Plaintiffs' standard. 558. Importantly, the Court concludes that it would be exceedingly improper to require, or countenance as a result of a Court ordered remedy, the teaching of this matter from any particular perspective. This most recent Supreme Court term has taught that we should not assume that all blacks or all whites think or act alike because they are black or white. See Miller v. Johnson, ___ U.S. ___, 115 S. Ct. 2475, 132 L. Ed. 2d 762 (1995). 337 Sufficiency of Incorporation of Black Thought, History and Culture in the PWIs' General and Core Curriculums 559. Plaintiffs' have acknowledged that, in light of the overwhelming evidence and despite their experts opinions otherwise, the infusion of black thought, history, and culture in the PWIs' general and core curriculums is sufficient. Enarson (2/21/95) 44; Knight-Sims Plaintiffs' Remand Post-Trial Reply Brief, pp. 12-13, 14. 560. The Court finds that the general and core curriculum at the PWIs is sufficient in the degree to which it incorporates black thought, history and culture. Enarson (2/21/95) 22- 23, 56; 95 1, p. 59, 76-78; Jordan (3/8/95) 8-9, 75; 95 5, p. 36; Becton (2/23/95) 6-7; 95 4, p. 25; Trendler (2/9/95) 17-18; Gross (2/9/95) 12-14; Clark (2/15/95) in passim; Parks (2/1/95) 4-12, 17-18, 35-36; Nance (2/6/95 7-13; Alexander (2/8/95) 11-18; 95 1004; 95 1005; 95 1006; 95 1022; 95 149; 95 688; 95 689; 95 691; 95 693; 95 683; 95 697; 95 698; 95 699; 95 700; 95 701; 95 4; 95 5; 95 7; 95 10; 95 11; 95 28; 95 30; 95 31; 95 2. Traceability 561. The black studies movement began in the late 1960's, growing out of the civil rights movement at San Francisco State University. The first black studies program was established at San Francisco State at that time as a result of protest by black students entering institutions of higher education around the country wanting to study more things about themselves. Winbush (1/30/95) 7. [39] [40] [41] 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 104/195 562. Prior to that time, no university had a black studies program. Winbush (1/30/95) 7, 21. 563. Plaintiffs' experts testified that only Alabama, Louisiana and Mississippi lack degreed programs in black studies or a related discipline. This assertion is not entirely accurate does allow a student to develop an interdisciplinary black studies degree through the New College. Clark (2/15/95) 25-26; 95 1037, p. 229; 95 1039 has a program with a director, but currently offers only a minor. Whatley-Smith (2/7/95) 6. The Director, however, is currently chairing a committee investigating implementation of a major. Whatley-Smith (2/7/95) 6. The states of Alaska, Arkansas, Idaho, Maine, Montana, North Dakota, New Hampshire, New Mexico, Nevada, Oklahoma, South Dakota have no black studies program or department or related program or department. 95 242. 564. The Court finds it significant that several HBIs have no black studies degree program including ASU; AAMU; the University of Arkansas-Pine Bluff; Delaware State University (although the University of Delaware does); Albany State College, Georgia College, and Savannah State College 338 (although the University of Georgia does); Grambling State University, Southern University and College at Baton Rouge, and Southern University-New Orleans; Bowie State and University of Maryland-Eastern Shore (although the other two HBIs in Maryland and the University of Maryland do); Harris-Stowe State College and Lincoln University (Missouri) (although the University of Missouri-Columbia does); Alcorn State University, Jackson State University and Mississippi Valley State University; none of the four HBIs in North Carolina (although N.C. State, UNC-Chapel Hill and UNC-Charlotte do); Central State University (although Ohio University does); Langston University, Cheyney University of Pennsylvania and Lincoln University (Pennsylvania) (although six PWIs in Pennsylvania do); South Carolina State (although USC-Spartanburg does); Tennessee State University (although three PWIs in Tennessee do); Prairie View and Texas Southern University (although Southwest Texas State University and UT-Austin do); Norfolk State University and Virginia State University (although the University of Virginia does); Bluefield State University and West Virginia State University (although West Virginia University does). 95 242. 565. Drs. Epps and Winbush testified that the only reason that an institution would not have a degree program or department is an insufficient black population base or a racially discriminatory, white supremacist policy and practice of suppressing African-American thought. Epps (1/30/95) 28; Winbush (1/30/95) 19, 65. 566. Clearly, the first reason articulated by Drs. Epps and Winbush does not apply to Alabama. The Court finds that the second articulated reason is not credible. If an [42] 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 105/195 institution or a state wished to engage in a policy and practice of suppressing African- American thought, such institutions or states would certainly not infuse and incorporate African-American thought throughout their curriculum. In fact, the Court finds that a contemporary institution determined to suppress such thought, would be more likely to create a black studies department or program, stop there, and maintain an \"aggressively Eurocentric general curriculum.\" See Whatley-Smith (2/7/95) 17-20. The overwhelming evidence of infusion of black thought, history, and culture to the point that Plaintiffs abandoned the contrary argument vitiates any contention that Alabama or its institutions are engaging in a racially discriminatory, white supremacist policy and practice of suppressing African-American thought. 567. The Court finds that the lack of a black studies department or program in Alabama is not a vestige of de jure segregation. 568. The lack of a black studies program has no historical antecedent in the de jure system, that system ending in 1954 and black studies not developing anywhere until the 1960s. Compare United States v. Fordice, 505 U.S. 717, 733 n. 8, 112 S. Ct. 2727, 2738 n. 8, 120 L. Ed. 2d 575 (1992). 569. Dr. Epps infers traceability from the mere absence of black studies departments and his perception of inadequate infusion of black thought, culture, and history. Epps (1/30/95) 57. Dr. Epps conceded that he had no factual support for that inference; and moreover, the \"inadequate infusion\" argument is contradicted by the overwhelming weight of the evidence. Epps (1/30/95) 57. 570. If anything, any deficiency or lack in the curriculum is traceable to larger, general societal forces, problems or factors, the solving of which is beyond the scope of this Court's remedial power. Missouri v. Jenkins, ___ U.S. ___, ___ - ___, 115 S. Ct. 2038, 2060-61, 132 L. Ed. 2d 63 (1995) (O'Connor, J., concurring). If \"Traceable,\" Then Only to General Societal Factors 571. To the extent that the lack of black studies is traceable to anything other than late development, and the ongoing academic debate regarding the discipline, it is traceable only to general societal factors. See Epps (1/30/95) 13, 55, 59-60; Winbush (1/30/95) 19, 21-22, 23-24, 61-63. 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 106/195 572. The current discussion of black studies and multi-culturalism, is occurring in academia generally. 95 1, p. 78-80; see 339 also Knight, 787 F. Supp. at 1332-33, \u00b6\u00b6 1769-74. 573. Plaintiffs placed in evidence an article, \"Black Studies and Africana Studies Curriculum Model in the United States\" by Drs. William A. Little, Edward Crosby and Carolyn Leonard, that includes a \"Historical Overview\" section. That section lists barriers faced by scholars \"associated with the development and maintenance of Black Studies/Africana Studies programs and department.\" Those are [1] The University and college administrative process for seeking approval for new programs was tedious. [2] The acceptance of courses for credit towards a degree, tenure issues regarding faculty, and control over the number and the kinds of courses offered was made difficult. [3] Many (or perhaps most) scholars who entered the field of Black Studies had little substantive knowledge about the African world experience. Their primary academic training was in one of the traditional disciplinary fields (i.e. Political Science, History, Education, Psychology, Philosophy, Sociology, Economics, etc.) An observed weakness is that individuals trained in a specific discipline become wedded to particular theories and approaches. Thus, they perceive some frameworks and approaches as superior to others, and are unable to appreciate the limitations of those ideas. [4] An additional problem was the fact that academic disciplinary fields are social organizations that compete for scarce resources and academic territory. Therefore, existing disciplines openly opposed the formation of Black Studies/Africana Studies programs. 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 107/195 [5] Most scholars in Black Studies/Africana Studies are self-taught or are mentored by one or two master Black Studies/Africana scholars. For quite a few scholars, Black Studies/Africana Studies was (and in some cases still is) a secondary interest. Often these scholars bring an anti-Black Studies or anti- Africana attitude to the field, thus contributing to social and political instability within the Black Studies/Africana Studies discipline. 95 22, p. 43. Absent from this list is any mention of any state policy or practice, much less an Alabama policy or practice, rooted in de jure segregation that hindered the development of black studies. Dr. Epps was correct in his admission that he had no facts to support his inference of traceability to any de jure state policy or practice. 574. This Court concludes, as it must under the law and the facts, that the Court of Appeals was correct, and the Plaintiffs incorrect, that the issue is the infusion of black thought in the general curriculum and not the presence or absence of a black studies program or department. 575. The Court concludes that Plaintiffs failed to meet their burden on traceability. Current Segregative Effects 576. If the evidence of traceability was scant, evidence of any segregative effect on student choice, of the presence or absence of black thought, history and culture in the curricula, is non-existent. Plaintiffs' curriculum experts did not address the question. Epps (1/30/95) 57. In fact Dr. Epps stated that he would defer to the court-appointed experts on the issue of segregative effect on student choice. Epps (1/30/95) 58. Knight Plaintiffs' and the United States' student choice experts did not address the issue. The court-appointed experts stated that such curricular issues have no effect on student choice. Jordan (3/8/95) 75-76; 95 Ex. 5, p. 35 Ex. 4, pp. 25-26; Fleming (2/22/95) 9-10, 117-118; 95 Ex. 3, p. 12; Enarson (2/21/95) 23, 87-88; 95 Ex. 1, pp. 81-87. 577. The Court also concludes from the fact that the vast majority of Alabama's black students attend the PWIs, that the curricula at the PWIs does not affect student choice. Over 83% of Alabama's in-state black students attend the PWIs. 95 259. 340 Even including out of state black students, over 60% attend the PWIs. 95 1037. 578. The only direct evidence of the student choice effect of an institution not having a black studies program came from an Auburn doctoral student, Terri Jett, and demonstrates [43] 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 108/195 that there is no effect on student choice. Ms. Jett testified that she wished to concentrate in black studies in her particular area, Public Policy and Public Administration. She studies how programs effect blacks. She visited AU, spoke to faculty members, consulted with her mentors, knew that had no black studies program, and chose notwithstanding. Jett (1/30/95). Ms. Jett has shown a great deal of initiative in obtaining her education, and the Court congratulates her. However, Plaintiffs' attempt to use Ms. Jett to show a segregative effect on student choice is not only unavailing, but counter-productive. 579. Plaintiffs argue that \"no matter what degree program students desire, they are denied constitutional free choice when marginalization of black culture and thought is the price they must pay to choose a university that offers the degrees they seek.\" 580. As determined elsewhere, black thought, history and culture is not marginalized at Alabama's universities. 581. The Court concludes, therefore, that Defendants have met their burden on the second Fordice prong with regard to the curricula issue. The Absence-of-a-Black-Studies-Program Standard for Deficiency 582. The lack of a black studies program or department does not render deficient an otherwise sufficiently infused curriculum. 95 4, p. 25; Whatley-Smith (2/7/95) in passim; Enarson (2/21/95) 45-46; Jordan (3/8/95) 94. Overall infusion of black thought, history and culture should be the real concern. 583. The court-appointed experts, as noted above, concluded that the curriculum was sufficiently infused with black thought, culture and history. The Court, therefore, rejects Plaintiffs' argument that a black studies program or department is necessary to insure proper infusion. 584. The Court finds that the normal academic processes have been followed, and there are good academic and economic reasons for there being few black studies degrees and programs in Alabama. 585. The Court-appointed expert, General Becton, the only one to preside over an stated that [44] 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 109/195 While not identified as such in the [plaintiffs' expert's report], it appears that the UA's approach to this matter is probably the most effective within the state. It reportedly has the largest number of courses involving black thought, culture and history of any state-supported institution in Alabama. In my judgment this may well be the most effective approach, i.e., including the black issues throughout all courses where appropriate. This assumes that the faculty is professionally dedicated to the required level of objectivity. If UA, in fact, has this approach in practice, it could well be the model for state-supported institutions. 95 4, p. 25 (emphasis supplied); see also Whatley-Smith (2/7/95) 19. 586. There is a great deal of debate in academia generally about the appropriate mechanism program, department, center, institute, or general infusion and the appropriate perspective Afrocentrist or others in which to teach black studies. Enarson (2/21/95) 45- 46; Whatley-Smith (2/7/95). Plaintiffs acknowledge \"`[t]here seems to be clear evidence of at least six somewhat overlapping orientations: the functionalist, accommodationist, liberal, reconstructionist, Afrocentrist, and Black Nationalist.'\" Knight-Sims Plaintiffs' Remand Post-Trial Brief, p. 148 (quoting 95 13 (William H. Watkins, Black Curriculum Orientations Preliminary Inquiry, 63 Harv.Educ.Rev. 321, (1993)), p. 323. Plaintiffs' brief states that they lean toward a combination of the liberal, social reconstructionist and Afrocentrist 341 orientations. Plaintiffs \"are not asking this Court to involve itself it this debate, which properly belongs within the free discourse of the academy.\" Id. (emphasis in original). 587. The article defines Plaintiffs' leanings in the following manner: 588. Liberals believed that \"slavery, not race impeded black education, and [] assumed blacks learned by the same modality as whites.\" Their curriculum \"was designed to develop students' analytical and critical faculties, and to help students become worldly, tolerant, and capable of significant societal participation.\" The curricula \"strove to educate teachers, preachers, civil servants, and others who would be committed to the ideals of the liberal democratic state; these ideals encompassed gradual change, electoral politics, and planned societal transformations.\" 589. Societal reconstructionists \"question[] the capitalist order as a facilitator and generator of racism.... They viewed schools and the curriculum as an instrument to challenge and eventually change unjust economic, political, and social arrangements.\" [45] 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 110/195 590. About an Afrocentric curricula, Plaintiffs' exhibit states In many ways, the nationalist and separatist outlooks may be viewed as forerunners of the contemporary Afrocentric ideal.... Afrocentrism suggests the recapturing and regeneration of a once great continent and people who may now be culturally adrift. Redemption, renewal, integrity, and a sense of community are but a few themes underlying African cultural identification.... as Black people piece together the shattered world of Africa, we make ourselves whole again. Afrocentric theorizing rejects European and American social theories as the only legitimate models of inquiry. Eurocentric analysis is viewed as linear. Rooted in empiricism, rationalism, scientific method and positivism, its aim is prediction and control ... Afrology, or African epistemology, on the other hand, is circular, and seeks interpretation, expression, and understanding without preoccupation with verification. Afrocentric orientations hold that Europeans have colonized not only the world, but also its knowledge. 591. The Court concludes that if black thought, history and culture are properly infused within the curriculum, and university administrators do not squelch the debate, this Court cannot impose a method and perspective, or putting in place the remedial mechanism requested by the Plaintiffs that will guarantee such a result. 592. There is no competent evidence that the administration at any Alabama university has squelched such debate. Merely because the administration does not accommodate every request does not mean that it squelches debate on the issue. The Plaintiffs seem most concerned about UAB. The Court concludes that the fact that Dr. George Munchus remains employed at is conclusive proof that the administration has not squelched debate on these issues. 593. Plaintiffs argue that the lack of institutional financial support for a department evidences deficiency. For reasons outlined above, the Court finds that a lack of financial support for a department does not demonstrate deficiency. [46] 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 111/195 Plaintiffs' Proposed Remedy Constitutes Attempt to Circumvent the Burden they bear under Fordice 594. Plaintiffs' remedy now sought is for the Court to order some review process to assess the sufficiency of curriculum, in particular 342 Plaintiffs' ask only that the Court empower black faculty and students to have an equal voice in deciding whether and how Black Studies will be included in the curriculum on their campus. Whatever blacks in the campus community decide so long as the decision is arrived at freely and fairly will satisfy plaintiffs' constitutional concerns about African-American content of curriculum. . . . . . ... Clearly, the issue of deficiency itself cannot be resolved adequately until professionally competent academic reviews have been carried out by each campus. 95 48, p. 6, 10. Plaintiff's particular structural remedy requested is shall appoint a statewide faculty committee to investigate the extent to which the academic programs of all four-year institutions include African- American studies and to make recommendations for change needed to satisfy the remedial objectives of the decree. The statewide committee shall have representation from every campus, and half the committee members shall be appointed from a list of nominees provided by the Knight-Sims plaintiffs and the Alabama Black Faculty Association. As part of its ongoing work, the statewide committee shall retain as consultants the National Council for Black Studies and/or other acknowledged experts in African-American studies. [47] 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 112/195 Each President shall establish a committee on each campus to investigate the extent to which the academic programs include African-American studies and to make recommendations for changes needed to satisfy the remedial objectives of this decree. The committee shall include members of the faculty, student body and the community at large. Half the committee members shall be selected or nominated by African-American faculty, students and their representative organizations. Campus committees should have access to the assistance of Black Studies scholars and the National Council for Black Studies. No later than six months from court approval of this settlement, the statewide faculty committee shall present a comprehensive report to the Court. Plaintiffs shall be given an opportunity to respond to the report. Thereafter, the Court will decide whether in fact deficiencies in Black Studies exist in the various curriculums and, if so, whether the report reveals an adequate plan to meet the remedial objectives set out herein. 95 48, pp. 12-13. 595. The Court concludes that proof of a deficiency was a burden upon the Plaintiffs on this remand, that Plaintiffs have not met that burden, and that the Court will not order a remedy intended to meet that burden. 596. Plaintiffs have failed to demonstrate the need for any curricular review beyond normal curricular review processes. 597. The Court may not order even an educationally sound and practicable remedy without violation and liability. See Missouri v. Jenkins, ___ U.S. ___, 115 S. Ct. 2038, 132 L. Ed. 2d 63 (1995). 598. No competent evidence exists that the essence of Plaintiffs' requested remedy, curricular review, is not occurring now. Merely because the review is not reaching the result desired by Plaintiffs, or not reaching that result quickly enough, in Plaintiffs' eyes, does not show that it is not occurring. If the complaint is the prolonged nature of the process, there is no competent evidence that such period is unconstitutional. 599. The Court also notes that Plaintiffs demand the assistance of the National Council of Black Studies in reviewing the curriculum. The Court above rejected the standard used by a member of the Executive Board of that organization. 600. If the proposed review process did not reach the conclusion desired by Plaintiffs, the Court would have to evaluate the issue again, and the issues would be identical. The 343 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 113/195 time for the Plaintiffs to have met their burden was at the trial. Intentional Discrimination Legal Principles 601. \"If challenged policies are not rooted in the prior dual system, the question becomes whether the fact of racial separation establishes a new violation of the Fourteenth Amendment under traditional principles.\" United States v. Fordice, 505 U.S. 717, 732 n. 6, 112 S. Ct. 2727, 2737 n. 6 120 L. Ed. 2d 575 (1992) (citing Board of Education of Oklahoma City Public Schools v. Dowell, 498 U.S. 237, 111 S. Ct. 630, 112 L. Ed. 2d 715 (1991); Arlington Heights v. Metropolitan Housing Development Corp., 429 U.S. 252, 97 S. Ct. 555, 50 L. Ed. 2d 450 (1977)). 602. Official action is not unconstitutional \"solely because it results in a racially disproportionate impact.\" Washington v. Davis, 426 U.S. 229, 239, 96 S. Ct. 2040, 2047 (1976). 603. The person seeking to have the action declared unconstitutional bears the burden of proving racially discriminatory intent or purpose. Arlington Heights v. Metropolitan Housing Development Corp., 429 U.S. 252, 265, 270, 97 S. Ct. 555, 563, 566, 50 L. Ed. 2d 450 (1977). 604. In determining whether invidious discrimination was a motivating factor requires the Court to make a \"sensitive inquiry into such circumstantial and direct evidence of intent as may be available.\" Arlington Heights, 429 U.S. at 266, 97 S. Ct. at 564. 605. Whether the impact of the action bears more heavily on one race than another provides a starting point. However, absent a pattern as \"stark as that in Gomillion v. Lightfoot, 364 U.S. 339, 81 S. Ct. 125, 5 L. Ed. 2d 110 or Yick Wo v. Hopkins, 118 U.S. 356, 6 S. Ct. 1064, 30 L. Ed. 220 impact alone is not determinative.\" Id. 606. Evidence the Court may consider include: the historical background of the decision; the specific sequence of events leading to the action; departures from normal procedural sequence; whether normal factors strongly favor a contrary conclusion; or the legislative or administrative history. Id. at 267-68, 97 S. Ct. at 564-65. Intentional Discrimination Across the Higher Education System 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 114/195 607. Plaintiffs argue that evidence exists of intentional discrimination in several institutions within the state. The institutions upon which evidence was presented are AUM, AU, UA, UAB, UAH, UNA, CSCC, and the TSUS. 608. The Court re-iterates its finding and Plaintiffs' admission that black thought, culture and history are sufficiently infused within the general and core curricula in Alabama's universities. The Plaintiffs' argument on intentional discrimination focuses on an alleged lack of black studies degree programs and departments. 609. The Court also notes that Plaintiffs have a long row to hoe in showing disparate impact. The great weight of the evidence shows that black studies courses are subscribed by an equal or greater number of white students. The Court is hard put to find how decisions regarding black studies impact black students more than white students. In light of the campus environment findings and the degree of infusion of black thought, history and culture in the general and core curriculum, the Court finds no evidence of disparate impact on black students or scholars. 610. Plaintiffs point to the fact that one would expect black studies to be strong in the formerly segregated South, based upon how other minority area and womens' studies programs developed. 611. While Plaintiffs' argument carries some intuitive weight, there is no evidence that the relative dearth of black studies departments and programs in the South stems from intentional discrimination. In light of the evidence of strong and sincere disagreements among scholars on the proper role and scope of black studies, the Court finds it just as, or more, likely that more attention has been given to the issues in the South, and many southern universities have chosen a general infusion approach, rather than a departmental 344 or programmatic approach. 95 4, p. 25. 612. Plaintiffs point to the fact that Alabama, Louisiana and Mississippi are the only three states in active higher education litigation, and are also the only three states without black studies degree programs. As noted supra \u00b6 563, that assertion is somewhat misleading. 613. Plaintiffs' argument depends on an extremely narrow definition of program allows a student to obtain a degree through its New College has a program director and offers a strong minor. Plaintiffs' argument also ignores the fact that fourteen states have no degree program or department whatsoever. Without more, the Court will not draw an inference of intentional discrimination based on Plaintiffs' narrow definition of program. 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 115/195 614. Plaintiffs point to the fact that there are no centers or institutes in Alabama. Plaintiffs ignore the fact that only 12 centers and 4 institutes exist in the entire nation. Again, the Court will not draw an inference of intentional discrimination from this fact. 615. Plaintiffs argue that no Alabama university has committed \"substantial resources to a black studies program.\" 616. Plaintiffs do not define \"substantial\" or \"resources\" or present evidence of a threshold expenditure of \"resources,\" falling below which support an inference of intentional discrimination. Facts found above and below demonstrate the sufficient manner in which university administrators have confronted and dealt with the issues of black thought, history and culture. The weight of the evidence militate against an inference of intentional discrimination from the absence of a formal department or program. 617. Plaintiffs argue that, \"while black student and faculty initiatives have prompted development of black studies department in all cases outside Alabama about which there is evidence, they have not even provoked campus studies or reviews in Alabama's HWIs.\" 618. Plaintiffs overstate the evidence when they say in \"all cases.\" Dr. Winbush testified that, while Vanderbilt has had an program (parameters undefined) since 1969, it is just recently hiring a director. The director is to establish a center and hopefully at some point in the future a department. Winbush (1/30/95) 12, 74. 619. At the institutions in Alabama, the evidence shows the following: 620. At there has been no demand for a black studies program or department, and the institution, itself, modified the curriculum to infuse black thought, history and culture. Nance (2/7/95) 4-9, 113-15. Dr. Nance stated that tight resources prevented from developing a new department at this time. Nance (2/7/95) 114, 117. 621 has no black studies department at this time because, when revamped its curriculum, the institution decided that a general infusion was a better approach. Parks (2/1/95) 17, 35. 622. Recently at AU, when some faculty and students expressed interest in a black studies program, the president appointed a special committee in December 1994 to study the issue. The committee is co-chaired by Dr. Wayne Flint, of the history department, and Dr. Doris Ford, a black faculty member in political science. Parks (2/1/95) 18; 95 695. 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 116/195 623. Plaintiffs make much of the fact that AU's president did not consult the chief academic officer before appointing this committee. Dr. Parks testified that the president, on occasion, does appoint special committees. No evidence indicated that the president's special committees had be cleared through the provost's office. In the event the committee determines that more needs to be done, normal curricular review procedures would be followed. Parks (2/1/95) 32. Dr. Parks also testified that before implementation, a black studies program would have to go through the University Curriculum Committee, which would follow normal channels. Parks (2/1/95) 28, 31-32. Nothing in this procedure supports an inference of intentional discrimination. 624. At UA, the campus chapter of the pushed for a minor and the university implemented one, and there are ongoing 345 faculty discussions regarding further curricular changes. Clark (2/1/95) 32, 35; Thompson (1/31/95); Davis (4/15/91) 33; 91 448; 95 1037, p. 60. Plaintiffs student witnesses complained about their own unawareness of the minor, but the Court finds that publication of the minor was, and is, more than sufficient. Clark (2/1/95) 24-25, 34; 95 1037, pp. 59, 60, 347; 95 1039. Moreover, a student, so motivated, may design an interdisciplinary degree program in black studies through the New College at UA. Clark (2/1/95) 25-26; 95 1037, p. 229. 625. At UAB, as discussed elsewhere, there is now a developing program with a director. The Court notes that is ahead of Dr. Winbush's employer, Vanderbilt University, in appointing a director. See infra, \u00b6\u00b6 635-647. 626. At the Black Student Alliance requested a course, and the university implemented one. Mobley (1/21/95). Plaintiffs complain that the course is listed in special topics and thus is not guaranteed survival, and that the president refused to budget money for a director. The Court finds no evidence that the course, if sufficiently subscribed, will be canceled. The Court also finds no evidence that the president's refusal to budget for a director was anything other than a reasonable administrative decision, much less evidence of intentional discrimination. Plaintiffs did not even present evidence that the president's decisions fell more heavily on black studies than on other disciplines, or, more importantly, more heavily on black students and scholars than other students and scholars. 627. With regard to and the two year system generally, Plaintiffs presented no evidence when the vast majority of four year institutions nationwide have no program or department why a two year institution needs such a department. The Court finds it highly unlikely, given the competition for black scholars, that a two year institution could develop a full blown program or department. The Court also notes that two year institutions run on 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 117/195 much smaller budgets. In short, there is not a scintilla of evidence that the two year system's lack of a black studies program or department is a result of intentional discrimination. 628. Finally Plaintiffs, presumably relying on Dr. Gross' testimony, argue \"the amount of black studies coverage in the general curriculum of Alabama's HWIs is less than coverage in the vast majority of the top fifty American universities.\" 629. Plaintiffs present not one whit of evidence why America's top fifty are proper comparators, and the general ranking of Alabama's HWIs is not in evidence. 630. Dr. Gross testified that he looked at course descriptions in catalogues, and not even syllabi or faculty vita and concluded from the catalogues that coverage in Alabama ranged from 2% to 14% and in the top fifty from 4% to 25%. The Court finds from the curriculum evidence presented that Dr. Gross' percentages for the Alabama institutions are grossly underestimated. The Court also finds that Dr. Gross testified about a range and not an average, and therefore, the Court cannot properly compare the Alabama institutions to the top fifty. 95 1, p. 70. Finally, Dr. Gross concluded that the curriculum in Alabama and elsewhere is \"similar.\" Gross (2/9/95) 13. The Court concludes that Dr. Gross' percentages support no inference of intentional discrimination. 631. Plaintiffs presented no evidence of intentional discrimination with regard to the TSUS, ASU, AAMU, UAH, LU, or USoA. 632. The Court notes that the circumstantial evidence, except the student and faculty initiatives, to which Plaintiffs point also obtains at and AAMU. It is, of course, ludicrous to think that those institutions intentionally discriminated against black people or black studies programs. Intentional Discrimination at 633. Black thought, history and culture are infused throughout the curriculum at UAB. McWilliams (2/7/95) 10. 634 also offers a minor in African-American studies. Whatley-Smith (2/7/95) 8-11; 95 1050D, 1050E, 1050F, 1050G. 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 118/195 635 offered its first black history course in 1967 or 1968, after students in one 346 professor's course indicated an interest in African-American history. McWilliams (2/7/95) 3-4. 636. In 1976 hired Dr. Horace Huntley as an assistant professor of History. Dr. Huntley submitted a proposal for a minor in February 1978, which was approved in May 1979. McWilliams (2/7/95) 8-9; McWilliams (4/3/91) 13; Huntley (11/14/90) Vol. 3, pp. 269, 287-88, 346. 637. In 1982 denied Dr. Huntley tenure and he moved to the Athletic Department part time, but continued to teach his African-American History sequence. The Court finds no evidence that Dr. Huntley was denied tenure for other than sufficient academic reasons. See Huntley (1/31/95). 638. At the time of the previous trial offered African-American culture courses that satisfied different elements of the core requirements. McWilliams (4/3/91) 17. 639. Since the last trial has hired new faculty members with expertise in Africana and African-American subject matter in the disciplines of anthropology, English and political science, thereby increasing the number of both specialty courses and broader courses with substantial black thought, culture and history content. In this manner has increased the component of black studies in the core and general curricula. McWilliams (2/7/95) 9- 10, 16. 640. In 1991 actively recruited and hired an African-American scholar, Dr. Virginia Whatley-Smith, for a tenure track position in English. The English department chairman told Dr. Whatley-Smith that he wanted her to revise and eventually direct the African- American Studies program. In her acceptance letter, Dr. Whatley-Smith wrote that she was leaving her tenure track position with William Patterson College with the understanding that she eventually would direct the program. Whatley-Smith (2/7/95) 3-4. 641. In the Spring of 1992 Dr. Whatley-Smith began \"coordinating [the] revival of the African American studies program.\" Whatley-Smith (2/7/95) 5. She is currently chairing a committee investigating whether to elevate the minor to a major. Whatley-Smith (2/7/95) 15-16. Dr. Whatley-Smith is taking a long range view of black studies at UAB. Whatley- Smith (2/7/95) 15-17. 642. In deciding whether some formal academic structure will be established, an institution must consider funding, the collection of faculty, the market for the product, and 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 119/195 the environment in the nation and world (and immediate area). McWilliams (2/7/95) 17; Whatley-Smith (2/7/95) 34-35. 643. The Court finds that until Dr. Whatley-Smith's efforts began, the African-American studies program had languished, not because of intentionally discriminatory actions by UAB's administration, but because of lack of student interest in there being more than a few courses. Whatley-Smith (2/7/95) 24. Dr. Whatley-Smith took more substantive action than any previous faculty member, Dr. Huntley included. See Whatley-Smith (2/7/95) 11- 15. 644. In response to some student pressures for an African-American Studies department accelerated its planning, and made Dr. Whatley-Smith director of the African- American program in late 1993. However, many of the \"student activists\" were not even in the minors program, and Dr. Whatley-Smith felt strongly that the students had \"been sorely used by two very manipulative professors [Dr. Munchus and Dr. Huntley].\" Whatley- Smith (2/7/95) 27. In spite of Dr. Winbush's testimony that departments many times develop from programs, Dr. Whatley-Smith testified that there had been attempts and not by UAB's administration to sabotage her program. Whatley-Smith (2/7/95) 27. 645. Dr. Whatley-Smith, as director of the program, opposes the immediate creation of a department, because at this time it would become \"balkanized\" and \"ghettoized.\" Whatley- Smith (2/7/95) 17-19. In other words, it would become an in-looking island of black thought, creating, rather than breaking down, barriers to segregation. She believes that, at this time, an inter-disciplinary, non-departmental program is what Alabama, and UAB, need. Whatley-Smith (2/7/95) 17-19. She believes the immediate creation of a 347 department given the personalities involved (such as Drs. Huntley and Munchus) would \"increase greater racial tensions.\" Whatley-Smith (2/7/95) 34. She fears that a department at would be taught from an Afrocentric perspective, which she believes is separatist and barrier-building. Whatley-Smith (2/7/95) 35. She emphasizes that her attitude is tied to the context at UAB. Whatley-Smith (2/7/95) 35. Finally, she, the director, does not care to be in a department because she does not want to leave her field of English. Whatley- Smith (2/7/95) 36. 646. In short, after listening to Drs. Huntley and Whatley-Smith, the Court concludes that the Plaintiffs' pressing for this Court to create a black studies department at UAB, or to conclude that the lack of a department results from intentional discrimination, is an attempt to \"judicialize\" and \"courtroomize\" a faculty political dispute at UAB. Plaintiffs' argument and the Court's conclusion starkly demonstrates the dangers of courts, federal or 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 120/195 state, from becoming embroiled in curricular disputes once it is determined that the general or core curriculum is adequate. 647. The Court declines to conclude as Plaintiffs would have it to do, that Dr. Whatley- Smith, who is black, is a tool of white administrators at and that her comments and attitudes are evidence of intentional discrimination on the part of the administration. See Whatley-Smith (2/7/95) 27, 40. 648. In summary, the Court finds no evidence that the absence of a black studies department or degree program, at or elsewhere in the State, results from intentional discrimination. Plaintiffs' First Amendment Argument 649. In their reply brief, Plaintiffs articulate yet another theory of liability, \"whether the systematic denial of academic degree programs and resources amounts to the [violation of the First Amendment by refusing on improper grounds to provide faculty members and students the opportunity and freedom to pursue legitimate academic interests].\" In the next paragraph the proposed inquiry is phrased as: \"whether the institutions are providing the programs in which this subject freely can be studied in the same way other academic subjects are studied.\" 650. Plaintiffs acknowledge \"At best, the clarification even modification of plaintiffs' legal theory in response to vigorous debate is precisely what academic dialogue is supposed to produce ...\" Plaintiffs argue that \"the Fordice test must be reshaped and tailored to take account of First Amendment and academic freedom concerns.\" 651. The Eleventh Circuit directed this Court to \"address defendants First Amendment arguments and the appropriate role for First Amendment concerns in applying Fordice to this case.\" In other words this Court is to evaluate the proper place of First Amendment concerns within the Fordice analysis, not reshape the Fordice test itself. The Fordice Court foreclosed Plaintiffs' argument, stating, \"if the challenged policies are not rooted in the prior dual system\" then traditional Equal Protection principles apply. Fordice, at 732 n. 6, 112 S. Ct. at 2737 n. 6. In other words, if the challenged policy is a traceable vestige, having segregative effects, then Fordice applies; if not, traditional principles apply. This Court can award relief if (1) the test enunciated in United States v. Fordice and applied in Knight v. Alabama requires it; (2) Plaintiffs meet their burden under traditional Equal Protection 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 121/195 principles; or possibly, if (3) Plaintiffs establish an independent First Amendment violation. 652. Plaintiffs try to avoid having to show segregative effects by relying on language in Milliken v. Bradley expounding the admittedly broad remedial powers of district courts in desegregation cases. Plaintiffs argue that the Court can ignore the lack of segregative effect because requiring the development of black studies departments (or implementation of a process, itself likely to lead to that result) is necessary to place black students in the place they would have been absent segregation. See Enarson (2/21/95) 37. The issue in Milliken was of course remedial education. Plaintiffs' position presents several problems. 348 653. Milliken involved remedy after the Court found a constitutional violation. The principles of Milliken do not apply until the Court finds a violation. The Court has found no violation in the curricular area, and therefore, the Court's broad remedial powers do not come into play. See Missouri v. Jenkins, ___ U.S. ___, 115 S. Ct. 2038, 132 L. Ed. 2d 63 (1995). 654. Plaintiffs also presumably believe that any violation will support a broad remedy. In other words, the Court's conclusion of liability in the mission or land grant area will support a remedy in curriculum. The Supreme Court's recent pronouncement in Missouri v. Jenkins, ___ U.S. ___, 115 S. Ct. 2038, 132 L. Ed. 2d 63 (1995) forecloses that argument. Any remedy imposed by the Court must \"directly address and relate to the constitutional violation itself.\" Id. at ___, 115 S. Ct. at 2049. 655. Reaching the factual merits of Plaintiffs' claim, the Court finds that no institution has denied faculty and students the opportunity \"to pursue legitimate academic subjects.\" Several witnesses affirmed that there are alternative mechanisms for investigating the black experience in America, and that the PWIs in Alabama provide sufficient opportunity for such investigation. The Court concludes that merely because none of the PWIs follow the method preferred by Plaintiffs and their experts, does not mean that the PWIs have foreclosed any opportunity. The Court also notes that most of the black students who testified did not take advantage of all opportunities available to them at their respective campuses. No evidence exists that an institution has prevented a faculty member from teaching what they want in the manner they want to. Even Dr. Huntley, whom denied tenure and moved to the Athletic Department, is still allowed to teach his black history courses. Ms. Terri Jett, the student who chose that institution notwithstanding the absence of a black studies department, was permitted to focus her studies on the black experience. [48] 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 122/195 656. Merely because the state could make something more convenient or a person would prefer a different method does not mean that that person, or those like her, have had their constitutional rights violated. Plaintiffs' Proposed Remedy Constitutes Attempt to Circumvent Burden they would bear in First Amendment case 657. Plaintiffs never clearly articulated their theory under traditional First Amendment principles. 658. The Court concludes, however, whatever the theory, in light of the Court's findings that none of the PWIs are suppressing the ability of black students or faculty to discuss, teach or research in the areas of black studies, there is no violation. No state actor in Alabama has abridged or restricted the free speech rights of students or faculty. No existing public forum has been denied to any person. In light of the foregoing Findings and Conclusions, the Court enters the following Remedial Decree. Although the Court noted several problems with the leadership and operation of Alabama State University and Alabama University, such observations do not obviate the obligation of the State of Alabama to eliminate the vestiges of de jure segregation to the extent practicable and educationally sound. In order to provide the Court's Decree with the highest probability of success, the Court has placed therein accountability and controls. The Court has considered the full range of remedies available. As should be clear from the Findings and Conclusions, the Court has fashioned a Remedial Decree which, in conjunction with the prior Decree, the Court finds to be the most desegregative alternative that is educationally sound and practicable. The Court's Decrees function as an organic whole, each element thereof operating with the other elements to achieve the desegregation goal. 349 The Court has recognized the strides made by the State, and where possible, has incorporated those developments into the Decree. In this manner, the Court has sought to minimize the amount of money required on the front end. For example, the Court requires Alabama State University and Alabama University to use monies already appropriated for Title purposes, where and to the extent possible. This Court does not intend this Remedial Decree to solve all of Alabama's education woes or racial tensions. Alabama has much of both that are beyond the scope of the Court's 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 123/195 remedial authority. The Court does intend the Decree to eliminate segregative effects remaining within Alabama's system of higher education, as far as practicable and educationally sound Pursuant to the equitable powers of this Court, a trust fund is hereby created in perpetuity to be known as the Alabama State University Trust for Educational Excellence, (\"Trust\") to be administered by the Board of Trustees of Alabama State University, or such committee of the board as it shall appoint, subject to the authority of the Board of Trustees of Alabama State University to create a tax exempt foundation for the management and operation of the Trust and to receive the funds and manage the Trust as the Trustees thereof The Trust shall have the following uses and purposes: to receive public funds, gifts, grants income, interest, dividends, real estate, choses in action and any and all property rights of every kind and character to be held, invested, and reinvested for educational purposes at Alabama State University. The principal of any public funds, gifts, grants, monies and property of every kind and character received by the Trust shall be maintained in perpetuity as the corpus of said Trust with at least 25% of the annual income therefrom to be reinvested in the corpus of the Trust and with the portion of the Trust income not annually reinvested in the corpus to be used for educational purposes at Alabama State University. The educational purposes for which the portion of the Trust income not committed to the corpus of the Trust can be used shall be limited to: 1) the granting of academic scholarships at Alabama State University based upon academic excellence, including the continuance of 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 124/195 academic excellence by students enrolled in the University and receiving such scholarships, 2) the endowment of department chairs to assist in obtaining faculty of high quality and outstanding reputation, 3) matching funds to endow chairs of eminent scholars under Alabama's Eminent Scholar Program, 4) for the subsidizing of salaries paid to full-time faculty members with outstanding reputations as scholars and academics and so recognized in the academic community, 5) the payment of fees and expenses for lectures and lecture series conducted on the campus by nationally known educators, public officials, writers, scholars and national and world business and government leaders together with the funding of other campus events of like quality. Neither income nor principal from this Trust shall ever be used in any manner for payment of compensation to its Trustees or for the construction of buildings or other physical facilities, it being the intent that this Trust shall forever be used for only the enhancement of educational quality in academics, instruction and public service. Clerical assistance and the maintenance of records necessary in the operation and maintenance of this Trust shall be provided by the University through its staff and compensated by the University from funds other than Trust funds. It is expected that the lecture series and other such programs and events be open to faculty and students attending other institutions of higher learning in the Montgomery 350 Alabama area when feasible and practicable. The Trustees and the University Administrators shall also make such programs and events as are appropriate available and open for visits and participation by students and faculty from the secondary schools in the area on occasion and when compatible with educational interest and advancement on the secondary educational level. It is expected that certain of the lectures and events funded from this Trust will be of interest to the general public and the University Administration will publicize same and invite public attendance on appropriate occasions. The Trustees and the University Administration shall use the proceeds of the Trust on appropriate occasions to encourage all segments and races in the Montgomery area onto its campus to participate in functions supported by the Trust. In managing the Trust and in receiving its benefits the Trustees and the University Administration shall at all times and in all activities funded by the Trust bear in mind that educational excellence requires the racial integration of the University in all its activities, its administration, staff, faculty and student body. 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 125/195 While 75% of the annual income from the corpus of the Trust is available for expenditure by the Trust in that fiscal year, the Trustees are not required to expend all that portion of the income in any particular year, but may allow the expendable portion of the income to accumulate in order to allow more flexibility in funding activities pursuant to the Trust The Chairman of the Board of Trustees of Alabama State University, and in the event there is a failure on the part of that official to act upon this requirement for any reason, including disability, then the Board of Trustees of the University, shall within ninety (90) days of the completion of each fiscal year cause to be made an audit of the principal, income and expenditures of the Trust. This audit shall be made by a nationally recognized accounting firm with a copy of the complete audit to be filed by the University's Board of Trustees with the Clerk of the United State District Court for the Northern District of Alabama, Southern Division, and the same is to be made a part of the record in this case and available for public inspection. The Board of Trustees of the University shall cause a copy of the audit to be displayed in public view and made available at anytime for public inspection at the office of the President of the University. The Board of Trustees shall promptly furnish a copy of each annual audit to the Court, the Court's Monitor, and all parties of record so long as the parties remain under an injunction in this case. Any individuals receiving and disbursing funds on behalf of the Trust shall be bonded with a corporate surety bond in accordance with the law of Alabama governing fiduciary bonds, with any penal sum therein being payable to the Trustees of Alabama State University. The cost of such bond or bonds may be paid from the funds of the Trust not required to be invested in the corpus of the Trust. In the management of this Trust, the individuals responsible therefor shall have the obligation of fiduciaries under Alabama law and be charged with the duty of extra-ordinary care in the maintenance, investment and expenditures of the assets and income of the Trust. In the operation and maintenance of this Trust the Trustees shall have the following powers and authority: 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 126/195 1. To sell, exchange or otherwise dispose of any property at any time held or acquired under this Trust, at public or private sale, for cash or on terms, without advertisement, including the right to lease for any term and to grant options to buy for any period; 2. To invest all monies in such stocks, bonds, securities, investment company or Trust shares, mortgages, notes, choses in action, and other property as such Trustees may deem best without regard to any law 351 now or hereafter in force limiting investments of fiduciaries so long as such action is taken with the care of a fiduciary; 3. To vote in person or by proxy any corporate stock or other security and to agree to or take any other action in regard to any reorganization, merger, consolidation, liquidation, bankruptcy, or other procedure or proceeding affecting any stock, bond, note or other property; 4. To use financial advisers, brokers, accountants, attorneys and other agents, if such employment be deemed necessary in the interest of the Trust and to pay reasonable compensation for their services from funds not designated as corpus or for reinvestment in the corpus of the Trust. 5. To compromise, settle and/or adjust any claim or demand by or against the Trust and to agree to any rescission or modification of any contract or agreement affecting the Trust; 6. Whenever the Trustees pay any money to or use any money for the benefit of or to any minor, they shall not require the appointment of a guardian, but shall be authorized to pay or deliver the same to such minor without the intervention of a guardian, or to use the same for the benefit of such minor as the Trustees may see fit. The Board of Trustees shall take immediate action to assure the tax exempt status of this Trust under both state and federal law and may create a foundation including the formation of a corporation in the creation of same in order to obtain a tax exempt status and charitable character of the Trust for the receipt of gifts, grants and income. The board shall employ counsel, with approval of the Court, experienced in this field of the law to take action necessary to effectuate the tax exempt and charitable status of the Trust, with the cost thereof to be paid from funds appropriated to Alabama State University by the Legislature as a part of its general funds 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 127/195 The Trust shall be funded as follows: Annually and for a period of fifteen (15) years there shall be paid to the Board of Trustees of Alabama State University, or their successors in office as such, the sum of One Million ($1,000,000.00) Dollars from the Alabama Special Education Trust Fund. Additionally, from the Alabama Special Education Trust Fund there shall be paid to the Board of Trustees of Alabama State University, or their successors in office as such, an additional annual sum of up to One Million ($1,000,000.00) Dollars, to the extent same has been matched by gifts, grants and contributions to the Trust during the previous fiscal year from alumni, foundations, corporations, associations, Trusts, estates and any other source for the purpose of this matching annual endowment grant. These matching fund grants shall be paid annually by the state from the Alabama Special Education Trust Fund up to One Million ($1,000,000.00) Dollars, to the extent matched by gifts, grants and contributions to the Trust each fiscal year for a period of fifteen years. The payment of these funds is a priority above all other purposes from appropriations of the Alabama Special Education Trust Fund except constitutional and contractual obligations against those funds for the payment of bonds and other constitutional obligations against the Alabama Special Education Trust Fund. Funds designated for payment to this Trust shall not be subject to any order of proration entered at any time. The State Finance Director shall cause the first One Million ($1,000,000.00) Dollar payment under this Trust to be made to the Board of Trustees of Alabama State University within ninety (90) days from the date of this decree. An annual payment of like amount shall be made on the same date of each year thereafter until a total of fifteen annual payments of One Million ($1,000,000.00) Dollars each have been made for the benefit of the Trust pursuant to this payment schedule. Within fifteen (15) months of the date of this decree the State Finance Director shall cause to be paid from the Alabama Special Education Trust Fund to the Board of Trustees of Alabama State University a sum equal to the gifts, grants and contributions placed 352 in the Trust as matching funds from private sources in the twelve (12) months immediately subsequent to the date of this decree. The State Finance Director shall thereafter pay over annually on the same date from the Alabama Special Education Trust Fund to the Trustees of Alabama State University a sum equal to the gifts, grants and contributions paid into the Trust for matching fund purposes or available for credit for matching fund purposes up to 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 128/195 One Million ($1,000,000.00) Dollars per fiscal year pursuant to this decree for a total of fifteen (15) annual payments of matching funds. To the extent there is a failure to place funds in the Trust from private sources of at least One Million ($1,000,000.00) Dollars for matching grant fund purposes during any one fiscal year following the anniversary date of this decree, then the Trustees of Alabama State University shall forfeit any claim to matching funds to the extent of such matching fund failure for that fiscal year. In the event matching funds from private sources exceed One Million ($1,000,000.00) Dollars in any one fiscal year period following the anniversary date of this decree the excess of such funds over One Million ($1,000,000.00) Dollars received into the Trust may be carried forward by the Trustees as credit for matching funds in any such subsequent fiscal year or years. For the purposes of this Trust a fiscal year is defined as any one year period following the anniversary date of this order and the creation of this Trust. At least thirty (30) days prior to the date such payments of matching funds are to be made under this order by the State Finance Director, the officers of the Trust shall furnish that individual a report done by a nationally recognized accounting firm verifying the gifts, grants and contributions received by the Trust or available to the Trust under this decree as credit for matching funds for the fiscal year to which such payment is applicable. This report shall be proof to the State Finance Director of the amount of matching funds due from the State. The Board of Trustees shall promptly furnish a copy of the report to the Court, the Court's Monitor, and all parties of record so long as the parties remain under an injunction in this case. In the event Alabama State University should merge with or otherwise become a part of another institution of higher learning, then the Trust obligations of the Trustees and the assets of the Trust shall enure to the benefit of such successor institution with all the obligations, rights and powers of the Trustees to be vested in their successor officers for the benefit of the students at such successor institution under all the terms, conditions and uses of the Trust as created in this order and any amendment thereto. The Court expressly retains jurisdiction over all matters relating to this Trust in order to take any appropriate action to assure the effectiveness of the Trust. 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 129/195 Pursuant to the equitable powers of this Court, a trust fund is hereby created in perpetuity to be known as the Alabama University Trust for Educational Excellence, (\"Trust\") to be administered by the Board of Trustees of Alabama University, or such committee of the board as it shall appoint, subject to the authority of the Board of Trustees of Alabama University to create a tax exempt foundation for the management and operation of the Trust and to receive the funds and manage the Trust as the Trustees thereof The Trust shall have the following uses and purposes: to receive public funds, gifts, grants income, interest, dividends, real estate, choses in action and any and all property rights of every kind and character to be held, invested, and reinvested for educational purposes at Alabama University. The principal of any public funds, gifts, grants, monies and property of every kind 353 and character received by the Trust shall be maintained in perpetuity as the corpus of said Trust with at least 25% of the annual income therefrom to be reinvested in the corpus of the Trust and with the portion of the Trust income not annually reinvested in the corpus to be used for educational purposes at Alabama University. The educational purposes for which the portion of the Trust income not committed to the corpus of the Trust can be used shall be limited to: 1) the granting of academic scholarships at Alabama University based upon academic excellence, including the continuance of academic excellence by students enrolled in the University and receiving such scholarships, 2) the endowment of department chairs to assist in obtaining faculty of high quality and outstanding reputation, 3) matching funds to endow chairs of eminent scholars under Alabama's Eminent Scholar Program, 4) for the subsidizing of salaries paid to full- time faculty members with outstanding reputations as scholars and academics and so recognized in the academic community, 5) the payment of fees and expenses for lectures and lecture series conducted on the campus by nationally known educators, public officials, 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 130/195 writers, scholars and national and world business and government leaders together with the funding of other campus events of like quality. Neither income nor principal from this Trust shall ever be used in any manner for payment of compensation to its Trustees or for the construction of buildings or other physical facilities, it being the intent that this Trust shall forever be used for only the enhancement of educational quality in academics, instruction and public service. Clerical assistance and the maintenance of records necessary in the operation and maintenance of this Trust shall be provided by the University through its staff and compensated by the University from funds other than Trust funds. It is expected that the lecture series and other such programs and events be open to faculty and students attending other institutions of higher learning in the Montgomery Alabama area when feasible and practicable. The Trustees and the University Administrators shall also make such programs and events as are appropriate available and open for visits and participation by students and faculty from the secondary schools in the area on occasion and when compatible with educational interest and advancement on the secondary educational level. It is expected that certain of the lectures and events funded from this Trust will be of interest to the general public and the University Administration will publicize same and invite public attendance on appropriate occasions. The Trustees and the University Administration shall use the proceeds of the Trust on appropriate occasions to encourage all segments and races in the Montgomery area onto its campus to participate in functions supported by the Trust. In managing the Trust and in receiving its benefits the Trustees and the University Administration shall at all times and in all activities funded by the Trust bear in mind that educational excellence requires the racial integration of the University in all its activities, its administration, staff, faculty and student body. While 75% of the annual income from the corpus of the Trust is available for expenditure by the Trust in that fiscal year, the Trustees are not required to expend all that portion of the income in any particular year, but may allow the expendable portion of the income to accumulate in order to allow more flexibility in funding activities pursuant to the Trust. 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 131/195 The Chairman of the Board of Trustees of Alabama University, and in the event there is a failure on the part of that official to act upon this requirement for any reason, including disability, then the Board of Trustees of the University, shall within ninety (90) days of the completion of each fiscal year cause to be made an audit of the principal, 354 income and expenditures of the Trust. This audit shall be made by a nationally recognized accounting firm with a copy of the complete audit to be filed by the University's Board of Trustees with the Clerk of the United State District Court for the Northern District of Alabama, Southern Division, and the same is to be made a part of the record in this case and available for public inspection. The Board of Trustees of the University shall cause a copy of the audit to be displayed in public view and made available at anytime for public inspection at the office of the President of the University. The Board of Trustees shall promptly furnish a copy of each annual audit to the Court, the Court's Monitor, and all parties of record so long as the parties remain under an injunction in this case. Any individuals receiving and disbursing funds on behalf of the Trust shall be bonded with a corporate surety bond in accordance with the law of Alabama governing fiduciary bonds, with any penal sum therein being payable to the Trustees of Alabama University. The cost of such bond or bonds may be paid from the funds of the Trust not required to be invested in the corpus of the Trust. In the management of this Trust, the individuals responsible therefor shall have the obligation of fiduciaries under Alabama law and be charged with the duty of extra-ordinary care in the maintenance, investment and expenditures of the assets and income of the Trust. In the operation and maintenance of this Trust the Trustees shall have the following powers and authority: 1. To sell, exchange or otherwise dispose of any property at any time held or acquired under this Trust, at public or private sale, for cash or on terms, without advertisement, including the right to lease for any term and to grant options to buy for any period; 2. To invest all monies in such stocks, bonds, securities, investment company or Trust shares, mortgages, notes, choses in action, and other property as such Trustees may deem 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 132/195 best without regard to any law now or hereafter in force limiting investments of fiduciaries so long as such action is taken with the care of a fiduciary; 3. To vote in person or by proxy any corporate stock or other security and to agree to or take any other action in regard to any reorganization, merger, consolidation, liquidation, bankruptcy, or other procedure or proceeding affecting any stock, bond, note or other property; 4. To use financial advisers, brokers, accountants, attorneys and other agents, if such employment be deemed necessary in the interest of the Trust and to pay reasonable compensation for their services from funds not designated as corpus or for reinvestment in the corpus of the Trust. 5. To compromise, settle and/or adjust any claim or demand by or against the Trust and to agree to any rescission or modification of any contract or agreement affecting the Trust; 6. Whenever the Trustees pay any money to or use any money for the benefit of or to any minor, they shall not require the appointment of a guardian, but shall be authorized to pay or deliver the same to such minor without the intervention of a guardian, or to use the same for the benefit of such minor as the Trustees may see fit. The Board of Trustees shall take immediate action to assure the tax exempt status of this Trust under both state and federal law and may create a foundation including the formation of a corporation in the creation of same in order to obtain a tax exempt status and charitable character of the Trust for the receipt of gifts, grants and income. The board shall employ counsel, with approval of the Court, experienced in this field of the law to take action necessary to effectuate the tax exempt and charitable status of the Trust, with the cost thereof to be paid from funds appropriated to Alabama University by the Legislature as a part of its general funds The Trust shall be funded as follows: 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 133/195 355 Annually and for a period of fifteen (15) years there shall be paid to the Board of Trustees of Alabama University, or their successors in office as such, the sum of One Million ($1,000,000.00) Dollars from the Alabama Special Education Trust Fund. Additionally, from the Alabama Special Education Trust Fund there shall be paid to the Board of Trustees of Alabama University, or their successors in office as such, an additional annual sum of up to One Million ($1,000,000.00) Dollars, to the extent same has been matched by gifts, grants and contributions to the Trust during the previous fiscal year from alumni, foundations, corporations, associations, Trusts, estates and any other source for the purpose of this matching annual endowment grant. These matching fund grants shall be paid annually by the state from the Alabama Special Education Trust Fund up to One Million ($1,000,000.00) Dollars, to the extent matched by gifts, grants and contributions to the Trust each fiscal year for a period of fifteen years. The payment of these funds is a priority above all other purposes from appropriations of the Alabama Special Education Trust Fund except constitutional and contractual obligations against those funds for the payment of bonds and other constitutional obligations against the Alabama Special Education Trust Fund. Funds designated for payment to this Trust shall not be subject to any order of proration entered at any time. The State Finance Director shall cause the first One Million ($1,000,000.00) Dollar payment under this Trust to be made to the Board of Trustees of Alabama University within ninety (90) days from the date of this decree. An annual payment of like amount shall be made on the same date of each year thereafter until a total of fifteen annual payments of One Million ($1,000,000.00) Dollars each have been made for the benefit of the Trust pursuant to this payment schedule. Within fifteen (15) months of the date of this decree the State Finance Director shall cause to be paid from the Alabama Special Education Trust Fund to the Board of Trustees of Alabama University a sum equal to the gifts, grants and contributions placed in the Trust as matching funds from private sources in the twelve (12) months immediately subsequent to the date of this decree. The State Finance Director shall thereafter pay over annually on the same date from the Alabama Special Education Trust Fund to the Trustees of Alabama University a sum equal to the gifts, grants and contributions paid into the Trust for matching fund purposes or available for credit for matching fund purposes up to One Million ($1,000,000.00) Dollars per fiscal year pursuant to this decree for a total of fifteen (15) annual payments of matching funds. To the extent there is a failure to place funds in the Trust from private sources of at least One Million ($1,000,000.00) Dollars for matching grant fund purposes during any one 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 134/195 fiscal year following the anniversary date of this decree, then the Trustees of Alabama University shall forfeit any claim to matching funds to the extent of such matching fund failure for that fiscal year. In the event matching funds from private sources exceed One Million ($1,000,000.00) Dollars in any one fiscal year period following the anniversary date of this decree the excess of such funds over One Million ($1,000,000.00) Dollars received into the Trust may be carried forward by the Trustees as credit for matching funds in any such subsequent fiscal year or years. For the purposes of this Trust a fiscal year is defined as any one year period following the anniversary date of this order and the creation of this Trust. At least thirty (30) days prior to the date such payments of matching funds are to be made under this order by the State Finance Director, the officers of the Trust shall furnish that individual a report done by a nationally recognized accounting firm verifying the gifts, grants and contributions received by the Trust or available to the Trust under this decree as credit for matching funds for the fiscal year to which such payment is applicable. This report shall be proof to the State Finance Director of the amount of matching funds due from the State. The Board of Trustees shall promptly furnish a copy of the report to the Court, the Court's 356 Monitor, and all parties of record so long as the parties remain under an injunction in this case. In the event Alabama University should merge with or otherwise become a part of another institution of higher learning, then the Trust obligations of the Trustees and the assets of the Trust shall enure to the benefit of such successor institution with all the obligations, rights and powers of the Trustees to be vested in their successor officers for the benefit of the students at such successor institution under all the terms, conditions and uses of the Trust as created in this order and any amendment thereto. The Court expressly retains jurisdiction over all matters relating to this Trust in order to take any appropriate action to assure the effectiveness of the Trust 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 135/195 For a period of up to ten years there shall annually be paid to the Trustees of Alabama University the sum of up to $1,000,000.00 and the Trustees of Alabama State University the sum of up to $1,000,000.00 to be used only for scholarships at each University to assist the administration of each respective University in efforts to diversify its student bodies and in accordance with the requirements of this Decree. These funds may be used only for scholarships for undergraduate students who are residents of Alabama and attending the respective University receiving this scholarship money resident of Alabama for the purpose of these scholarship funds and for eligibility to receive the same must be a person who was graduated from a public or private high school in Alabama or with at least one parent or guardian residing in Alabama at the time of receiving the scholarship funding detailed accounting shall annually be made by the administration of each school of the monies received and their expenditure. The fund shall be audited annually by a nationally recognized accounting firm. The Universities shall cause a copy of the detailed accounting and the annual audit to be filed with the Clerk of the Court in the case, the parties, the Court's Monitor, and with a copy furnished to the Court and the President of the University. The same shall be promptly made available by the office of the President of the University to any member of the public for review upon request. The accounting and audit shall be made and furnished annually within ninety days after the completion of each fiscal year. Any expense incident to managing, operating, auditing, advertising or otherwise incurred in the operation of this scholarship fund shall be borne by each University out of other monies available to it. The terms and conditions of eligibility shall be published annually in the catalogue of each school. Full information on the existence of such scholarships and the terms and conditions of eligibility shall be made available to all students and faculty of such benefiting University and disseminated by the University to all community colleges and junior colleges, across the State of Alabama on a regular basis and at least annually. Each University shall further publicize the availability of these scholarships in an effort to attract and enroll other-race students. The annual accounting made by the University 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 136/195 administrators shall detail the universities' publicity and distribution of information about these scholarship. The State Superintendent of Schools, on behalf of that official and all members of the State Board of Education shall at least annually cause the dissemination to all public schools operated by them in the State of Alabama, from middle school level through high school, information and details on the existence and availability of these scholarships. The State Superintendent of Schools and the respective individuals constituting the State Board of Education of the State of Alabama shall see that such information as to the existence and availability of these scholarships is disseminated throughout the various state schools and the individual students 357 at least annually and on a basis thoroughly assuring the furnishing of such information to all such students within the categories described. The State Superintendent of Schools shall annually and within a reasonable time after the dissemination of the existence and availability of these scholarships certify to the Court in writing as to his or her compliance with this requirement. Such certification shall be filed in writing with the Clerk of this Court and with a copy furnished to the Court, the Court's Monitor and all parties of record Each University shall develop written criteria for the granting of scholarships under this Decree. The criteria must be in accordance with the requirements of the Decree. Before scholarships can be awarded, the proposed written criteria must be submitted to the Court, the Court's Monitor and all parties of record. Only after the Court has satisfied itself that the proposed criteria are consistent with the requirements of this Decree can scholarships be awarded by the Universities. The terms and conditions of eligibility for scholarships from this fund shall be made available to any individual upon request to the President of the University or its office of admissions. These scholarship funds are limited to payment for tuition, books, course materials and fees incident to the taking of a course or courses at the University where such scholarship is being received. The scholarships shall be limited to degree seeking students who are enrolled either full-time or part-time. No student receiving such scholarship shall receive 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 137/195 scholarship assistance from these funds for more than seven years after the receipt of the first such scholarship award. Any individual receiving such scholarships shall be enrolled by the University without the necessity of prepayment of any expenses covered by these scholarships. Thirty (30) days after the commencement of any academic term for which the University grants a scholarship pursuant to this Decree such University shall be authorized to bill the State of Alabama for payment of such scholarship obligations as have been incurred for that term pursuant to this Decree and the same shall be paid to the treasurer of the respective University. Such bill shall itemize the name, race, address, current and cumulative semester hours and class standing of the recipient of the scholarship and the nature of the expense incurred for which reimbursement is sought. Such itemized bill shall be submitted to the State Finance Director and that individual shall make payment thereof out of Alabama Special Education Trust funds within fifteen (15) days after the receipt of such bill. This procedure shall continue on a systematic basis so long as the granting of such scholarships continue under this Decree. These scholarship funds shall be managed by the University and scholarships granted in a manner which will assist in, and lead toward, the integrating of the races within the student body of each respective University. The Court expects such scholarship funds to assist toward attracting a critical mass of other-race students to the campus of each respective University. The most significant but not exclusive criteria in awarding scholarships under this Decree must be the diversification of the student bodies at Alabama State University and Alabama University. Within thirty (30) days of the completion of each regular academic school year the President of the University or the designee of such official shall certify to the Court the names, addresses and races of all recipients of scholarship funds during the preceding academic year together with the amount of scholarships assistance received by each individual listed, the number of hours enrolled, and the academic year of study for each student. Such certifying official shall explain how the use of the scholarship funds during the previous year has assisted in diversifying the student body of the University and how the use of such scholarship funds is developing a critical mass of other-race students on the campus. Such certificate of activity shall be filed with the Clerk of the Court and a 358 copy furnished to the Court, the Court's Monitor and all parties of record. 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 138/195 The Court shall annually review the reports submitted as to the utilization of these funds for the purpose of determining whether such funding of scholarships is being used effectively for the purpose intended and if same shall be continued for any additional period of time and under what circumstances such continuation of these scholarships shall take place. These designated scholarship funds shall not be subject to any order of proration entered at any time. The payment of these funds is a priority above all other purposes from appropriations of the Alabama Special Education Trust Fund except constitutional and contractual obligations against those funds for the payment of bonds and other constitutional obligations against the Alabama Special Education Trust Fund, and payments required from the Alabama Special Education Trust Fund for payment to the Trusts for Educational Excellence created at both Alabama State University and Alabama University As noted in the Court's Findings of Fact, both Alabama State University and Alabama University have previously been appropriated funds from the State of Alabama for other- race scholarship assistance. The Court will require that before either University can seek additional funds from the State pursuant to this portion of the Decree, that all remaining monies under the line items Recruiting and Minority Scholarships or similarly designated line items must be spent in support of scholarships that aid in the diversification of the respective institutions or in the administrative cost for such scholarships. Pursuant to Section of this Decree, Alabama State University and Alabama University are required to audit these funds. If such appropriations continue into the future either as direct line items or if such line items are incorporated into Alabama University's or Alabama State University's appropriations, then such monies must be budgeted in support of scholarships and expended before the State's obligation to fund scholarships begins. 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 139/195 Inasmuch as the continued strength and further desegregation of Alabama State University is dependent upon its ability to recruit students within commuting distance of that school, and for the reason that many other-race students who attend predominately black universities are nontraditional students living within commuting distance from such a campus, it is necessary that Alabama State University be provided a fair opportunity to compete for such students. For this reason the State School Superintendent, the Chancellor of the Two-year System and the members of the State Board of Education, in their official capacities, and their successors in office are enjoined from placing in, creating or operating any community college, junior college, or any division of any such educational operation within Montgomery County, Alabama. The trade schools currently being operated in Montgomery County, Alabama may be continued as trade schools by the State School Superintendent, the Chancellor of the Two- year System and the Alabama State Board of Education. They are, however, each and all individually in their official capacities further enjoined and restrained from expanding the course offerings or the curriculum at either Trenholm Technical College or Patterson Technical College beyond their present scope as traditional trade schools or in any manner which offers traditional academic 359 courses, for which credit may be obtained toward a Bachelor's Degree at any community college, junior college or senior college in Alabama In order to provide an opportunity for Alabama University to recruit and enroll nontraditional and commuting students onto its campus, and into programs which it now 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 140/195 has or may have in the future, the Court is taking action which will permit the University a fair opportunity to compete for such students from Madison County, Alabama and surrounding areas. Therefore Calhoun State Community College, its officers and employees are enjoined and restrained from increasing the college enrollment at its facility in Huntsville more than 5% above the average enrollment at that facility for the three year period covered by academic years 1992-93, 1993-94, 1994-95, with said average enrollment to be computed based on a full-time equivalency. Calhoun State Community College, its officers and employees are also enjoined and restrained from offering classes other than during the lunch hour, evenings and weekends. The Court's limitation on enrollment at Calhoun Community College in Huntsville does not limit its freedom to move its Huntsville operations into the AcuStar Building in Huntsville, Alabama. The State Superintendent of Schools, the Chancellor of the Two-year System and the members of the State Board of Education, in their official capacities, and their successors in office, as such, are hereby enjoined and restrained from expanding Calhoun Community College in Huntsville its enrollment, and course offerings in excess of the limitation placed upon that college in this Decree. They are further enjoined and restrained from expanding Drake Technical College in a manner providing and offering studies out side of its traditional trade school course offerings, or which could be credited toward a Bachelor's Degree if transferred to a community college, junior college or senior college in Alabama. The State School Superintendent, the Chancellor of the Two-year System and the Alabama State Board of Education in their official capacities, and their successors in office, as such are further enjoined and restrained from expanding any other institution of higher learning consisting of either a community college or a junior college into Madison County, Alabama. The Court shall periodically review the activities of Alabama University, and its success desegregating its student body, its faculty, staff and administration. This periodic review shall particularly focus upon the degree to which the University has created a critical mass of other-race individuals in its administration, staff, faculty and student body. Should the Court determine that the limitation on enrollment imposed on Calhoun Community College by this Decree is ineffective in assisting Alabama University in reaching a goal of providing a campus with a critical mass of other-race persons in all facets of the University the Court will take appropriate action to vacate this Decree insofar as it limits enrollment at Calhoun Community College in Huntsville and Madison County, Alabama. 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 141/195 The Court's periodic review of efforts toward desegregation by Alabama University will also critically review its efforts and its success or lack thereof in attracting other races of nontraditional students onto its campus and into its programs. Should there be a failure by Alabama University to succeed in this area the Court will also consider that fact in acting upon any issue relating to removing the enrollment cap at Calhoun Community College. 360 Alabama shall have a single, State-wide Cooperative Extension System that unifies the efforts of Auburn University and Alabama University into one organization to be known and identified as the Alabama Cooperative Extension System (ACES) to operate as the outreach organization for the land grant function of these universities. Within this State-wide Extension System there shall be uniform pay, benefits and personnel practices for all Extension staff whether they be on the Auburn University payroll or that of Alabama University. Alabama University Extension staff salaries shall be raised to levels consistent with Auburn University salaries and staff benefits shall be equalized in all respects to the extent possible. There shall be a Director of the Alabama Cooperative Extension System who shall be the Chief Executive Officer of the system. The Director shall be appointed by the President of Auburn University with the counsel and advice of the President of Alabama University and shall be acceptable to the United States Department of Agriculture. The Director shall report to and be responsible to the President of Auburn University or the President's designee who shall assess the performance of the Director and determine merit [] 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 142/195 increases in the Director's annual salary. The Director shall also regularly report to the President of Alabama University or the designee of the President and shall seek the counsel and assistance of that official. The Director shall also be responsive to, supportive of and cooperative with the directives, programs and operations desired by the Chief Academic Officer of Alabama University and the President or the President's designee of Alabama University. The Director shall be a full professor within an appropriate academic department at Auburn University and shall have academic rank and tenure at that University. The salary for the Director shall be paid by Auburn University, and Auburn University shall be responsible for the employer's portion of fringe benefits and other benefits of employment. Terms of compensation and benefits of employment of the director shall be determined by Auburn University. The Director shall be located on the campus at Auburn University with staff, offices and other required facilities furnished at the expense of that University. The Director shall also have an office on the campus at Alabama University with such additional facilities and staff made available to the Director at the expense of Alabama University as may be requested by the Director for location at that institution. There shall be two Associate Directors for the Alabama Cooperative Extension System, one of whom shall be an Associate Director for Rural or Traditional Programs and the other shall be the Associate Director for Urban Affairs and New Nontraditional Programs. The programming of each of these Associate Directors will involve faculty and staff on the payrolls of each University, as appropriate, regardless of the institutional affiliation of the individual faculty or staff persons. The Associate Director for Rural or Traditional Programs shall be appointed by the Director with the advice and counsel of the President and Chief Academic Officer of Auburn University and shall be headquartered on the campus at Auburn University. The Associate Director for Urban Affairs and New Nontraditional Programs shall be 361 appointed by the Director with the advice and counsel of the President and Chief Academic Officer of Alabama University and shall be headquartered on the campus at Alabama University. 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 143/195 Each Associate Director shall be paid 100% by the University on whose campus the Associate Director is headquartered and shall hold academic rank and tenure within an appropriate department at such University. The Associate Directors shall have responsibility for supervising the nine District Agents and such other duties as may be designated to each Associate Director by the Director. The Associate Director for Urban Affairs and New Nontraditional Programs shall have the duty of further expanding the Alabama Cooperative Extension System into urban areas of Alabama and developing new nontraditional programs of outreach and education for all the citizens of Alabama through the extension system from not only Auburn University and Alabama University, but also utilizing the extensive facilities at Alabama's other public Universities and private universities, when in the interest of the State. The Associate Director for Urban Affairs and New Nontraditional Programs is expected to open new areas of extension work and expand the outreach of the Alabama Cooperative Extension Program to more fully serve all the people of Alabama. Examples of new programs or expanded programs which may be provided are health related information and education utilizing the resources of Alabama's Medical Schools at the University of South Alabama and the University of Alabama at Birmingham as well as the numerous nursing schools located across the state. The University of Alabama Law School could be utilized for such purposes as furnishing information on the need for estate planning, tax concerns, advisability of agreements in writing and numerous other needs for citizens in both urban and rural areas. These activities can be financed in various ways including contracts between the Alabama Cooperative Extension System and participating institutions in Alabama. The Court expects the Associate Director for Urban Affairs and New and Nontraditional Programs to have the full support of the Director in developing and implementing new and expanded nontraditional programs of vision and quality and the use of the available assets of all the schools of higher education in Alabama when in the interest of its citizens. Programs developed and put in place by the Associate Director for Urban and New Nontraditional Programs shall be programs to serve people across Alabama of all races and ethnic groups in the state and are expected to be of state wide application and interest to the citizens of Alabama. Such programs may be such as assisting in retraining displaced workers, introducing citizens to the use of the most recently developed labor saving devices, technical assistance 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 144/195 and training and other such activities. Opportunities in extension are limited only by the near sightedness of man because it has not been a part of the program in the past. The Associate Director for Rural or Traditional Programs is not limited in developing new programs in rural affairs by the description of the duties of the Associate Director of Urban Affairs and New Nontraditional programs. The Associate Director for Rural and Traditional Programs shall have full authority to create and develop new rural programs as broad and innovative as can be implemented on a practical basis. The President of Alabama University may name the Associate Director for Urban Affairs and New Nontraditional Programs in the Alabama Cooperative Extension System as the 1890 Land Grant Director if the President finds that action proper and thereby make a saving of funds for Alabama University. Remembering that America's problems do not divide along rural and urban lines, the Associate Directors may find it more practical on many or most occasions to develop and operate current and new programs together. 362 The current system of nine District Agents in Alabama will be maintained with districts as they now exist. Each District Agent will: 1. Have the responsibility of supervising the County Agent Coordinators in each of the counties within the district. 2. Be responsible for all extension personnel within the district. 3. Be responsible for insuring that each county receives a full and adequate range of programs and other extension assistance appropriate to the needs of the individual county. 4. Report jointly to the Associate Directors of the Alabama Cooperative Extension system. 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 145/195 5. Be paid 75% by Auburn University and 25% by Alabama University in a joint appointment status with or without academic rank and tenure as determined on an individual basis or by Alabama custom. The District Agent may choose the institution as to which he or she shall have academic rank and tenure and the institution so chosen shall have responsibility for the employer's share of payments of fringe benefits such as social security, retirement funds, group insurance premiums and other such benefits. Alabama University's obligation to pay 25% of the District Agents' salaries shall commence with fiscal year 1996-97. 6. District offices shall continue as they presently exist except a new district office will be established on the campus of Alabama University to replace the existing district office in Decatur, Alabama which shall be closed within a reasonable period of time. The separate offices for Auburn University and Alabama University County Agents that now exist will be combined, with each county having only one Alabama Cooperative Extension system county office. Commissioners of each county will be asked only for allocation and support for the Alabama Cooperative Extension System with all county funds to go to the Director of the Alabama Cooperative Extension System for appropriate use as provided by law. The sixty-seven County Extension Coordinator positions will continue with a County Agent in each county who shall function as County Extension coordinator of and for all Alabama Cooperative Extension System programming in the county. Each County Extension Coordinator will: 1. Supervise all the Alabama Cooperative Extension system staff in that county and have an office within the County Extension facilities in that county. 2. Be responsible for insuring that the county receives a full and appropriate range of programs and other extension assistance appropriate to the needs of the individual county. 3. Report to the appropriate District Agent. 4. Either hold or not hold academic rank and tenure in an appropriate department at Auburn University or Alabama University as determined on an individual basis or by Alabama custom. 5. The County Extension coordinator will be paid 100%, including all fringe benefits, by the institution at which he or she holds academic rank at this time. 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 146/195 6. Will have other responsibilities within the county as is customary and as may be delegated or assigned by the supervising district Agent or the Associate Directors of the Alabama Cooperative Extension System. County Extension staff includes all county staff with titles such as but not limited to county agent, associate county agent, assistant county agent, program assistant, para-professional, secretary, clerk and aid. All agents and staff shall be designated as employees of the Alabama Cooperative Extension System. Each County Extension staff person will be responsible for performing such duties as are assigned by the appropriate County Extension 363 Coordinator and, when appropriate, in consultation with the appropriate District Agent. Such County Extension Staff person shall be paid 100% by the University by which he or she was paid prior to the unification of the Alabama Cooperative Extension System. The obligation of payment of the employer share of fringe benefits shall also be that of the University paying the employee's salary. All employees who are replaced by new employees or additional employees after this Decree is implemented shall be paid 25% by Alabama University and 75% by Auburn University with Auburn University being responsible for the employer's share of all fringe benefits such as social security, retirement and hospitalization insurance. The Director of the Alabama Cooperative Extension System, or the designee of that officer, may make such payroll and employment decisions as may be necessary to implement this Decree and assure that each employee of the system shall be eligible for appropriate fringe benefits of employment. The Director of Alabama Cooperative Extension System shall designate and assign such Assistant directors for Alabama Cooperative Extension System support units as may be determined by the Director to be appropriate. The duties, terms of employment and other management responsibilities as to any such Assistant Director shall be determined by the Director. The Assistant Directors shall be paid 75% by Auburn University and 25% by Alabama University in a joint appointment status with or without academic rank or tenure as determined on an individual basis and by Alabama custom. Alabama University's obligation to pay 25% of the Assistant Directors' salaries shall commence with fiscal year 1996-97. 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 147/195 Auburn University shall be responsible for the employer's full share of social security taxes, retirement benefits and group insurance for each Assistant Director. An Assistant Director shall be located at such place as is designated by the Director with office space and facilities provided at the University at which he or she is located Alabama Cooperative Extension System identified five umbrella priority program areas in its 1994 federal plan of work update. These umbrella priority areas were: Agricultural Profitability Natural Resources Development Individual and Family Well Being Human Resource Development Revitalizing Rural Areas Under each of these umbrella areas, several topical programs were also identified. To assure the reality of one extension system in Alabama, a chair person shall be identified for each of the topical programs assigned under each of the umbrella priority areas. At least 20% of these chairs shall be persons with a majority appointment at Alabama University. The remaining chairs may be persons with majority appointments at Auburn University. 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 148/195 To enhance the reality of one extension system in Alabama, each of the five umbrella teams will have at least 20% of the members from Alabama University and the remainder may be from Auburn University. The expertise of the staffs of both Auburn University and Alabama University shall be used to the maximum appropriate extent as programming is developed for each of the five specific priority areas independent of who chairs the team and independent of the institutional representation on the initiative team. When appropriate there may be co-chairs of persons with majority appointments at the University at which the chair does not have a majority appointment. Tuskegee University, a private institution, which receives 1890 land grant funds from the United States shall be allowed to participate in the program areas, should it so desire and to the extent required for the Alabama Cooperative Extension System to comply 364 with the unified program requirements of the United States Department of Agriculture. Alabama Cooperative Extension System identified ten specific priority program areas in its 1994 federal plan of work update. For each of these specific priority areas, a system initiative team was created; a chair and an extension administrative liaison was designated for each. These are: Sustainable Agricultural Systems Food Safety & Quality Water Quality Forestry, Wildlife, and Natural Resources Home Environment 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 149/195 Family Well Being Youth-At-Risk Human Capacity Building Community Viability To enhance the reality of one extension system in Alabama, the Associate Director of Alabama Cooperative Extension System for Urban Affairs and New Nontraditional Programs shall be the administrative liaison for one-half of the initiative teams and the Associate Director of Alabama Cooperative Extension System for Rural and Traditional Programs shall be the administrative liaison for the remaining initiative teams. To enhance the reality of one extension system in Alabama, the chairs of at least 20% of the initiative teams will be persons with a majority appointment at Alabama University and the chairs of the remaining initiative teams may be persons with a majority appointment at Auburn University. Co-chairs shall generally be appointed of persons with majority appointments at a University different from the chair. To enhance the reality of one extension system in Alabama, each of the ten initiative teams will have at least 20% of the members from Alabama University. There are instances where it may be appropriate for one or more teams to have a majority of members with majority appointments at Alabama University; however, there is no prohibition that the majority of all team members, taken together, will be persons with majority appointments at Auburn University. Additionally, the expertise of the staffs of both Auburn University and Alabama University shall be used to the maximum appropriate extent as programming is developed for each of the ten specific priority areas \u00bd independent of who chairs the team and independent of the institutional representation on the initiative team. 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 150/195 The Court notes the high level of valuable input at the local level by the county extension advisory boards. These boards have a membership representative of the State's population. The Court expects the input by these advisory boards to continue. The Court recognizes that the outline of cooperative conduct it has set out above is applicable to Alabama Cooperative Extension System programming for its 1994 plan. To the extent that the 1994 plan remains effective and updated, the Court expects its outline of cooperative conduct to be followed. In the future, as programming may be altered and changed, the Court expects the type of cooperation outlined to serve as a minimal basis for the type of expected cooperative conduct the parties shall implement. Further cooperative conduct the Court expects of the parties is in the Alabama Cooperative Extension System 4 Youth Development Program. The Court directs that personnel at Alabama University and its facilities be included in the 4 Youth Development Programs in Alabama and the Court directs that the annual state wide meetings of the 4 Youth of the State of Alabama not be held exclusively at the campus of Auburn University as has been done in the past, but that the annual meetings rotate on a regular basis between the campuses at Auburn University and Alabama University. While encouraging students to attend an institution of higher education is appropriate, attempts at recruitment of students to a particular University is not a part of the extension program. Such conduct by extension personnel is prohibited All publications of Alabama Cooperative Extension System shall show the system as 365 the publisher. The institutional affiliation of authors may be shown; however, Alabama Cooperative Extension System is to be emphasized. The same emphasis on the Alabama Cooperative Extension System shall apply to programs and comments on radio and publications of that system. Business cards shall emphasize the Alabama Cooperative Extension System and minimize the individual institutional address. 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 151/195 Stationary of the Alabama Cooperative Extension System shall emphasize the system and minimize the individual institutional address. All telephone and other communication listings shall be noted as the Alabama Cooperative Extension System. When the names of the participants in the Alabama Cooperative Extension System are shown, Auburn University and Alabama University shall be identified with equal prominence. Logos and other identifying materials of the Alabama Cooperative Extension System shall not emphasize either Auburn University or Alabama University over the other in appearance or location. Recognizing that Tuskegee University will be participating in the activities of the Alabama Cooperative Extension System, it is expected that this institution may be shown as a cooperating University or otherwise identified as participating in the programs of the system The Director of the Alabama Cooperative Extension System is vested with the authority to implement this Court's Decree as to all technical aspects including arranging for payment of salaries and expenses where the obligation is joint between the universities. Travel expenses for any employee of the system shall be paid by the institution in the same proportion as the institution pays the employee's salary. The Presidents of Auburn University and Alabama University are individually and jointly responsible for insuring the successful implementation of this portion of the Decree. In Section of this Decree, there is created a Court-appointed Long Term Planning and Oversight Committee to assist it and the parties in achieving the goals of this Decree. That Committee shall also be charged with overseeing the implementation of the Court's Remedial Decree as it applies to land grant issues. That Committee shall be authorized to employ one or more individuals to assist it in its oversight responsibilities with respect to 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 152/195 the land grant portion of this Decree. Any such individual or individuals are subject to Court approval prior to employment. Any portion of this Remedial Decree concerning land grant issues in this case which impacts upon employment policies and practices of the Alabama Cooperative Extension System which to any extent involves matters before the United States District Court for the Middle District of Alabama in the case of Strain, et al. v. Philpott et al., Civ. A. No. 840 (M.D.Ala.), is entered subject to the Court's order in that case. Changes in salary, conditions of employment and other aspects of this decree concerning personnel matters within the Alabama Cooperative Extension System shall be implemented only after an order is entered and in accordance with any order entered in Strain v. Philpott relating to these particular matters. Auburn University, a party to that litigation, is directed to promptly present this matter to the Court with jurisdiction over Strain v. Philpott and seek such action as will authorize an early implementation of all personnel matters impacted by this Decree. Auburn University is directed to keep the Court's Monitor apprised of the progress before the Strain Court relating to the matters set forth in this Decree The current administrative structure for agricultural research in Alabama, which is a coordinated system, shall continue. Alabama shall have a single, comprehensive, State-wide agricultural research program 366 administered by the Alabama Agricultural Experiment Station (\"AAES\") with headquarters at Auburn University to conduct research that will enhance the conservation, quality, utilization and strength of the State's agricultural, forestry and natural resources. An Associate Director's position shall be established at Alabama University. The Associate Director will be involved in the planning, initiation and assessment of the unified State-wide research program. Under the unified State-wide plan the scientists at Alabama University shall have access to all Alabama Agricultural Experiment Station facilities in the State including the 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 153/195 State-wide network of experiment substations. Likewise, scientists at Auburn University shall have access to all the research units of Alabama University under the Alabama Agricultural Experiment Station project-based system. All scientists, irrespective of their location, shall receive equal treatment. Alabama University will be a clearly identified participant in the unitary State-wide system. All material, signs, logos and identifying information which utilize the Alabama Agricultural Experiment Station will have both Alabama University and Auburn University listed on the material with equal prominence. The unified comprehensive program is expected to promote greater interdisciplinary research among scientists and institutions. The is in the process of developing a Strategic Plan for the 21st century and both Auburn University and Alabama University are to be actively involved in the development and implementation of the plan. All research projects, irrespective of funding source, which support the plan will be funded on the basis of scientific merit through the Alabama Agricultural Experiment Station project review process. Auburn University and Alabama University scientists will be involved on project review teams. Alabama University shall be entitled to compete competitively for at least 10% of the funding dollars available for experiments conducted on the facilities. All Alabama University agricultural experiment projects submitted to the for approval are subject to the normal selection process utilized by the in choosing experiments for funding at its facilities. As with all other projects wishing to use funds and facilities, all Alabama University research proposals must comply with the requirements and needs of the proposed research project that cannot withstand the normal selection process, need not be funded by the AAES. Projects may be jointly proposed between two or more researchers at two or more institutions. Alabama University Scientists and staff have expertise in areas of research not available among those at Auburn University similar situation exists with Auburn University in that some of its scientists and staff have expertise in areas of research not available at Alabama University. Each has areas of research it could develop without duplicating efforts at the other University. The director of the Alabama Agricultural Experiment Station shall bring the staffs from the Universities together periodically in order to enhance cooperative-coordinated research activity in the system. 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 154/195 The Director of the Alabama Agricultural Experiment Station shall be appointed by the President of Auburn University. The Director shall be a member of the faculty and shall have rank and tenure at Auburn University and shall be compensated in full by Auburn University. The Associate Director of the Alabama Agricultural Experiment Station shall be appointed by the President of Alabama University. The Associate Director shall be a member of the faculty and shall have rank and tenure at Alabama University and shall be compensated in full by Alabama University In order to implement the provisions of this Decree requiring the equalization of salaries 367 and benefits between Alabama University extension employees and Auburn University extension employees, the Court provides the following directions for determining the amount of funds necessary to accomplish this requirement for the fiscal year 1995-96. It is ordered that the parties take the following action: Within thirty (30) days after approval by the Court in Strain v. Philpott of the personnel changes required by this Decree, the Associate Director for Human Resources of the Alabama Cooperative Extension System, who is now by action of this Court the Associate Director of Human Resources for the Alabama Cooperative Extension System, shall determine the increased cost of equalizing salaries and benefits across the unified extension system for the balance of fiscal year 1995-96. Upon completion of this obligation, the Associate Director of Human Resources shall promptly file his report with the Court, the Court's Monitor and the parties copy thereof shall also be furnished to the State Finance Director. Any party desiring to comment or object to the findings and conclusions of the Associate Director for Human Resources must do so in writing within ten (10) days after the filing of the initial report with the Clerk of Court. Any written comments or objections must be served on all parties, the Court and the Court's Monitor. 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 155/195 The Court will thereafter promptly review the proposal of the Associate Director for Human Resources, and upon final approval by the Court, the State's Finance Director shall within fifteen (15) days pay over to the Treasurer of Alabama University the funds ordered by the Court that are necessary to equalize salaries and benefits across the extension system. The monies to be paid shall come from the Alabama Special Education Trust Fund. Thereafter, and for the life of this Decree, the State of Alabama shall insure that there are adequate appropriations to Alabama University to maintain the equalization of salaries across the extension system. During the term of this Decree, if there is a failure to provide in the annual appropriation bill of the State of Alabama an amount of money necessary to maintain the equalization of the salaries and benefits, then the Court, after notice to all parties of record, and a reasonable opportunity to respond and furnish evidence, the Court shall then issue an order directing the State Finance Director to pay over to Alabama University out of the Special Education Trust Fund such monies as in the opinion of the Court are required to continue the equalization of salaries and benefits in the new Alabama Cooperative Extension System Within ninety (90) days from the date of this Decree the State Finance Director shall pay to Alabama University the sum of Three Hundred Thousand ($300,000.00) Dollars for the cost and expenses to be incurred in implementing changes required to merge the Alabama University Extension System into the Alabama Cooperative Extension System. These funds may be used as follows: 1. To establish the office of the Associate Director of Urban Affairs and New Non- traditional Programs of the Alabama Cooperative Extension System and to pay salaries and fringe benefits incident to the appointment of that office; 2. to cover the expense of changing signs, logos, acquiring new letterheads, business cards and other such incidental expense to appropriately designate all entities as the Alabama 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 156/195 Cooperative Extension System; and 3. the cost of incidental expenses necessary to the operating of the new division office on the campus of Alabama University. 368 Within ninety (90) days from the date of this decree the State Finance Director shall pay to Auburn University the sum of Three Hundred Thousand ($300,000.00) Dollars for the cost and expenses to be incurred in implementing changes required to merge the Alabama Cooperative Extension System into the Alabama Cooperative Extension System. These funds may be used as follows: 1. To cover the increased one-time administrative cost associated with implementing the Court-ordered changes; and, 2. to cover the expense of changing signs, logos, acquiring new letterheads, business cards and other such incidental expense to appropriately designate all entities as the Alabama Cooperative Extension System Alabama University shall hereafter and during the life of this Decree receive as an appropriation from the State, and in the absence thereof, the State Finance Director shall pay over to Alabama University commencing with fiscal year 1995-96 at least the same amounts of money for extension purposes as was appropriated for fiscal year 1994- 95, that is One Million ($1,000,000.00) Dollars. 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 157/195 Commencing with the fiscal year 1995-96 there shall be paid out of the Alabama Special Education Trust Fund to Alabama University for extension purposes an additional 10% of the sum appropriated for extension purposes in 1994-95, which is One Hundred Thousand ($100,000.00) Dollars, and each year thereafter, the prior year's extension appropriation shall be increased by at least 10% annually for ten years. Hereafter, and in addition to the aforementioned sums, there shall be paid over to Alabama University starting with fiscal year 1996-97, an amount equal to 10% of any increase in appropriations to Auburn University for extension work over and above the appropriation to Auburn University for extension purposes in the 1994-95 appropriations bill. Such monies are to be used by Alabama University in support of the Alabama Cooperative Extension System's urban affairs and new nontraditional programs. Within thirty (30) days Auburn University must report to the Court, the Court's Monitor and all parties of record, the 1994-95 appropriation to the University for extension. Upon failure of the appropriation bill to provide for the increases mandated herein, if any, the State Finance Director shall within thirty (30) days after the commencement of any fiscal year in which there is a failure to pay over to Alabama University the sum or sums ordered by this Decree with the same to be paid from the Alabama Special Education Trust Fund All of the funds designated for land grant purposes in this Decree shall be used for the benefit of the people of Alabama. Funds appropriated by the Legislature to implement the Court's Decree as to land grant funding for Alabama University shall be subject to proration 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 158/195 There is hereby created a Court-appointed Long Term Planning and Oversight 369 Committee for Public Higher Education in Alabama. (The \"Committee\") The Committee shall be comprised of several persons to be selected and appointed by the Court. The Court- appointed Committee will consist of persons with nationally recognized expertise in the management and operation of institutions of higher education. These persons will serve at the pleasure of the Court and be paid on a per diem basis with reimbursement for actual expenses. This Committee shall work with the Court's Monitor and shall have the following duties and responsibilities: 1) To assist the Court and the parties in the implementation of the Court's Decree in a manner that is consistent with sound educational and fiscal policy; 2) to assist the Court and the parties in determining the best means of achieving and maintaining compliance with the Decree in an educationally sound and practicable manner; 3) to report to the Court and the parties on the best method for implementing the new programs that the Court has authorized for Alabama State University and Alabama University; 4) to aid in the strengthening and expansion of ongoing cooperative programs between the proximate institutions of higher education in Montgomery and Huntsville; 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 159/195 5) to recommend to the Court and Alabama State University all action necessary to remove from the censure list of the American Association of University and Professors; and 6) any other duties as the Court may from time to time request of the Committee. In carrying out its duties and making its recommendations, the Committee shall be mindful that it is ultimately the taxpayers of Alabama who bear the burden of this Decree. Therefore, in making recommendations to the Court, the Committee shall always be aware of its fiscal responsibility to the citizens of Alabama. In discharging its duties, the Committee will work closely with the staff and the administrators of the involved institutions so that institutional and state expertise can be used to the maximum extent possible in the formation of any recommendations that the Committee might make to the Court and the parties. Once the Court has identified the individuals to serve on the Committee, a specific charge to the Committee will be issued The initial cost of the Committee shall be borne by Alabama State University, Alabama University and the State of Alabama. Alabama State University and Alabama University shall each deposit Two Hundred Thousand ($200,000.00) Dollars within thirty days (30) from the date of this Decree into the Registry of the United States District Court for the Northern District of Alabama, Southern Division. The State of Alabama shall deposit One Hundred and Fifty ($150,000.00) Dollars into the Court's Registry within thirty (30) days from the date of this Decree. Alabama State University and Alabama University must deposit these monies from already appropriated funds and may not seek supplemental appropriations or special line items from the legislature to cover the cost of this requirement and may use funds previously appropriated to them under the line item Title Program Enhancement to meet this obligation, though no monies under the line item Title Program 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 160/195 Enhancement, Instructional Support may be used. Monies appropriated to these institutions under the line item Desegregation Planning may also be used to fund this requirement portion of the funds herein required to be paid into the Registry of the Court may be used by the Court to defray the cost of locating and interviewing individuals to serve on the Committee. The monies will be paid out of the Registry from time to time upon order of the Court. 370 The Court directs that Alabama State University develop and implement a curriculum and program of study in Allied Heath Sciences. Alabama State University shall work cooperatively with the Court-appointed Committee and in developing a program and budget proposal. It will, however be the responsibility of the Court-appointed Committee to report to the Court, the Court's Monitor and the parties upon the completion of the review. Every effort must be made to secure approval for the proposed program. The program must meet the needs of the citizens of Alabama for Allied Health Sciences instruction. In its report, the Committee shall submit a detailed program review including its judgment as to the need, if any, for new facilities, the requirements for additional faculty, if any, the proposed curriculum and the expected budget for the program including its start-up costs and expected annual costs thereafter. The objective shall be the creation of a program that can secure independent accreditation. Upon submission of the Committee's report to the Court for its approval, and upon its approval, the Court will take appropriate action thereon to secure the operation and 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 161/195 funding of the program at Alabama State University. In preparing the proposed budget for the Allied Heath Sciences program, the Committee and Alabama State University are specifically instructed that all remaining and any future funds available to the University under the Title Program Enhancement, Instructional Support line item and the Desegregation Planning line item, or any similar such line items, shall be budgeted in support of the program. Additionally, any monies that might appear in future base appropriations to the University that are directly traceable to previous Title Program Enhancement, Instructional Support line items and Desegregation Planning line items, or any similar such line items, must be pledged to support the program. Provided, however, that these aforementioned funds whether as line items or base appropriations may also be used to support the development of additional programs that the Court this day orders for Alabama State University. The Court also approves the development of up to two new Ph.D. or Ee.D. programs at Alabama State University. Alabama State University shall propose to the Court-appointed Committee and two new graduate programs. These proposals should build on strong undergraduate programs already existing at the University and must meet the needs of the citizens of Alabama. Programs should be proposed that can secure approval and approval must be given. The Committee will be charged with satisfying itself and reporting to the Court and the parties that the proposed graduate programs are appropriate for inclusion into the current curriculum of Alabama State University and make the best use of the resources therein available. The Committee shall also submit a report concerning its judgment as to the need for additional faculty, if any, the proposed curricula, the demand for the programs and the expected budgets including start-up costs and expected annual costs thereafter. The Committee's report can be submitted to the Court in conjunction with ACHE. Upon submission of the Committee's report to the Court for its approval, and upon its approval, the Court will take appropriate action thereon to secure the operation and funding of the graduate programs at Alabama State University. The Court would be suspicious of any proposal for graduate study in which it cannot be established that a significant need for the proposed program exists. 371 The same requirements with respect to funding and the utilization of previously appropriated or future Title Program Enhancement monies that applies to Alabama State University's Allied Health Sciences program will apply to any graduate programs proposed pursuant to this Decree. 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 162/195 Alabama State University shall be the only institution authorized to offer a Master's Degree in Accounting in Montgomery for a period of five years and until the Court enters an order allowing the granting of such a degree at other institutions in the Montgomery area. The Court-appointed Committee will be charged with satisfying itself and reporting to the Court and the parties that the Master's Degree in Accounting program is properly designed to meet the needs of students and make the best use of available resources. The Committee shall also submit a report concerning its judgment as to the need for additional faculty, if any, the proposed curriculum and the expected budget including start-up costs and expected annual costs thereafter. The Court expects Alabama State University to secure approval for the Master's Degree in Accounting. The Committee's report can be submitted to the Court in conjunction with ACHE. Upon submission of the Committee's report to the Court for its approval, and upon its approval, the Court will take appropriate action thereon to secure the operation and funding of the Master's Degree in Accounting at Alabama State University. The same requirements with respect to funding and the utilization of previously appropriated or future Title Program Enhancement monies that applies to Alabama State University's Allied Health Sciences program will apply to the Master's Degree in Accounting authorized pursuant to this Decree Alabama University shall be authorized to establish an undergraduate mechanical and electrical engineering program. The program shall be designed in such a manner as to secure independent accreditation. The program may not offer any specialties that duplicate engineering offerings available at the University of Alabama in Huntsville. It is expected and ordered that Alabama University and the University of Alabama in Huntsville shall cooperate fully in the development of AAMU's engineering program so that to the extent possible and consistent with sound educational practices, unnecessary program duplication between the institutions can be avoided. This cooperation is expected to take place in the form of cooperative and joint programming particularly with respect to lower division courses. Provided, however, that UAH's accreditation is not 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 163/195 threatened by such cooperation or joint programming and that AAMU's separate accreditation can be secured. The Court-appointed Committee shall be charged with supervising the planning of AAMU's mechanical and electrical engineering proposal and reporting to the Court and the parties on its findings. In its report to the Court, the Committee shall submit a detailed program review including its judgment as to the adequacy of facilities, requirements for additional faculty, if any, the proposed curriculum and the expected budget for the program including its start-up costs and expected annual costs thereafter. Though approval for the program is not required, the Committee and Alabama University shall avail themselves of the expertise that exist at in preparing and analyzing the proposed program. The Committee shall satisfy itself that every effort has been made to design a program that is as nonduplicative of the already existing program at the University of Alabama in Huntsville as is educationally sound. The Committee, or members thereof, shall be charged with personally interviewing officials to secure assistance and information on innovative strategies that will lessen to the extent practicable the engineering duplication between and and foster meaningful and educationally sound cooperation. Such recommendations of as are educationally sound and consistent with 372 the requirements of this Decree shall be incorporated into the engineering proposal submitted by Alabama University. Upon submission of the Committee's report to the Court for its approval, and upon its approval, the Court will take appropriate action thereon to secure the operation and funding of an undergraduate electrical and mechanical engineering program at Alabama University. In preparing the proposed budget for the program, the Committee and Alabama University are specifically instructed that all remaining and any future funds available to the University under the Title Program Enhancement, Instructional Support line item and the Desegregation Planning line item, or any similar such line items, shall be budgeted in support of the program. Additionally, any monies that might appear in future base appropriations to the University that are directly traceable to previous Title Program Enhancement, Instructional Support line items and Desegregation Planning line items must be pledged to support the program 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 164/195 Nothing in this Decree prevents Alabama State University or Alabama University in the future from seeking new program approval from for additional programs in the normal course of ACHE's approval procedure. Commencement of the high demand programs that the Court has today permitted will, however, remove the vestiges of segregation that cling to the missions of Alabama State University and Alabama University. As a result, the normal program approval procedure for all institutions of higher education in the Montgomery and Huntsville areas shall again be instituted and neither Alabama State University nor Alabama University shall have priority for new program development in Huntsville or Montgomery. Provided, however, that not permit the development of duplicated programs within the proximate institutions in Montgomery and Huntsville, and provided that when ever possible and educationally sound, that the preference be given for joint programs and cooperative efforts between institutions. Of course, any new programs proposed by Alabama University or Alabama State University must be evaluated on the same basis as programs proposed by any other institution Troy State University in Montgomery is prohibited from any further expansion in Montgomery of its physical plant through the acquisition of additional property or the construction of any additional building without first receiving the approval of the Court and a finding that such addition or expansion will not adversely impact on desegregation of Alabama State University. The Court-appointed Committee shall be charged with furthering and strengthening the cooperative programming between Alabama State University and Troy State University in Montgomery 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 165/195 Alabama University shall budget a reasonable sum for advertising. The monies so budgeted shall be used by the University to acquaint citizens and potential students from Alabama and particularly the Huntsville area with the University, the quality of the institution and its openness in inviting other-race students into the University. Alabama State University shall budget a reasonable sum for advertising. The monies so budgeted shall be used by the University to acquaint citizens and potential students from Alabama and particularly the Montgomery area with the University, the quality of the institution and its openness in inviting other-race students into the University. Both Alabama University and Alabama State University shall report on an annual basis, as to its advertising expenditures during the preceding year and its proposed budget for advertising for the coming 373 12 month period. Such report shall detail the nature and extent of the advertising and describe to the Court the nature of the efforts made to invite other-race students to enroll in the University through such advertising. Each report shall be furnished to the Court, the Court's Monitor and the parties with a copy to be filed in the Clerk's Office. This report may be filed as part of the annual report required by the Court 1991 In the 1991 Order and Decree the Court provided that the State must appropriate certain capital funds to Alabama State University and Alabama University. The Decree required Court approval of the institutions' use of those funds. Additionally the Court required If in the future unconnected with the above discussed funding the state enacts a general capital appropriation for institutions of higher education, or approves a bond issue dedicated to college and university capital improvements, then the HBUs shall receive at least the difference between the amount calculated by the Court this day and that reported on [91 112, p. G-6. 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 166/195 Knight v. Alabama, 787 F. Supp. at 1283, \u00b6 1380. The monies received pursuant to this provision shall be subject to the same Court-approval requirement for expenditure as the other capital funds In order to insure responsible use of monies awarded by the Court, and to review the use of monies already expended, the Court requires an accounting of all past and future sums appropriated, awarded or transferred because of this Court's orders and Decrees. As of the date of this Decree, the past monies include Desegregation Planning appropriations at each school since 1992; Recruiting/Minority Scholarships appropriations at Alabama State University since 1992 and at Alabama University since 1994; Title Program Enhancement appropriations at both universities since 1994; and the money associated with the 1991 Decree's award for capital improvements. Future monies include those similar or traceable to the types listed in the previous sentence; provided however, that the institutions need not account to the Court for funds appropriated for programs after those programs begin receiving formula funding. In the future, should the state cease appropriating monies intended to meet its obligations under this Court's orders and Decrees by line item, the following will be accounted for as if appropriated by separate line item: (1) amounts in the base appropriations of Alabama State University and Alabama University traceable to the types or amounts of monies previously listed; and/or (2) amounts appropriated pursuant to this Decree. The accounting required in the preceding paragraph shall be performed by a nationally recognized accounting firm. The costs of the accounting shall be borne by the institutions 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 167/195 The Monitor is directed to recommend to the Court the best method for annually reporting on compliance with the requirements of this Decree and the Court's 1991 Decree. The Court expects that the Monitor will retain as many of the earlier reporting categories as are appropriate though the design of the annual report may be changed as needed To the extent not inconsistent with this Decree there is hereby incorporated the 374 Court's prior Remedial Decree entered on December 30, 1991 as if fully set forth herein. Any provisions in the 1991 Remedial Decree that are inconsistent with this Decree are hereby vacated. All prior Findings of Fact in this cases set forth in Knight v. State of Alabama, 787 F. Supp. 1030 (N.D.Ala.1991), that are not inconsistent with the findings announced by the Court today, and that were not reversed on appeal are specifically incorporated into the Court's Findings of Fact issued this day The Court shall retain jurisdiction of this action for an initial period of ten years to insure compliance with the Decree's terms and objectives. The Decree becomes effective immediately and shall remain effective until July 31, 2005. The Court specifically reserves the authority to direct the transfer of funds or the payment thereof to and between any party or parties to this case in order to effectuate this Decree, so long as such action by the Court comports with the Constitution of the United States. On July 31, 2005, this Decree shall terminate automatically and without further formality unless a party to this litigation, by motion filed not less than sixty (60) days preceding the expiration date of this Decree, requests the Court to extend the term of the Decree. 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 168/195 The Court may sua sponte extend the term of this Decree by entering the appropriate order if it deems that additional time is required to assure compliance and fully accomplish the Decree's objectives. The Court may also, at anytime, modify or amend the terms and conditions of this Decree as needed to guarantee the elimination of any remaining vestiges of discrimination within Alabama's system and units of public higher education. The Court shall retain jurisdiction over the Trusts for Educational Excellence, and payments thereunder, until completion of the last payment required of the State to fund the Trust The Knight and Sims Plaintiffs are prevailing parties for purposes of an award of their attorneys' fees and expenses with respect to all issues. The parties shall attempt to reach an agreement as to the amount of such fees and expenses. If an agreement is not reached within ninety (90) days from this date, the Plaintiffs may within four months from this date file an appropriate motion for determination of such amounts by the Court In order to meet their responsibility of removing the remaining vestiges of segregation from Alabama State University and Alabama University, the leadership of each of those institutions must take responsible action in areas in which they have been deficient in the past. The leadership of both Alabama State University and Alabama University must make more effort and obtain results in more fully integrating the administration, staff and student body of each University. As a part of this integration effort the Court expects to see 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 169/195 more other-race personnel in all facets of the University with efforts to accomplish this goal to begin immediately. The Court also expects a continuity in the office of President at each University and a reversal of the short term leadership that has damaged these institutions in the past. Some of the former presidents have unfortunately acted in the past in ways bringing disrepute to their institutions. The administration, board of trustees, faculty, staff and student body of the universities must provide an atmosphere of openness and welcomeness to other-race students which has not been a consistent practice in the past. 375 Aggressive recruiting policies pointed toward recruiting other-race students into the universities must be actively pursued by the administrations. Only through the aggressive efforts of the leadership of the universities, the boards of trustees, and administrations, staffs and the student body can a critical mass of other-race students be actively pursued so that each University shall be recognized as an integrated higher educational institution. This is expected by the Court without in any way limiting the tradition or diminishing the importance of each University as an historically black institution of higher learning, a bastion of black culture in America and a birthplace of the civil rights movement. The development of an atmosphere of intellectual vigor and educational opportunity for all who enroll at the University, whatever race, culture or background must be the goal. The funds provided by the Court in this Remedial Decree are to be used for the purpose of accomplishing the expectations of the Court to develop an institution of high academic quality and the removal of the remaining vestiges of segregation. The Court has fashioned a Decree which provides the framework for two great universities of which all Alabama citizens can be proud. The goal of a great university at Alabama and a great university at Alabama State can only be reached through the good faith efforts of the boards of trustees, the administrations, staffs and student bodies of each university, and with the full support of the Governor and Legislature of Alabama to operate such institutions of learning and opportunity in accordance with the Constitution of the United States. The Court cannot do it alone. The Court can decree changes to meet the requirements of the Constitution, but opportunity for greatness lies only in the hands of those who support, operate and attend the university. 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 170/195 FY93 Funding for Agricultural Research at Alabama Land-Grant Universities and Tuskegee University (in thousands of dollars) (ref. inventory of Agricultural Research FY1993, USDA, Aug. 1994, Table IV-E, Pg 117 Auburn Auburn Auburn Alabama Source of Funds Ag Exp Stn Vet College Total Tuskegee Total Federal Hatch $3,614 $3,614 $3,614 Evants-Allen $0 $1,491 $1,432 $2,923 Mcintyre-Stennis Forestry $586 $586 $586 Special Grants $447 $447 $260 $707 Competitive Res. Grnts $446 $64 $510 $510 Animal Health & Desease Res $446 $86 $132 $2 $134 Contrcts. Grnts, Coop. Agrm $1,160 $1,160 $276 $1,436 Other Federal (not USDA) $1,288 $164 $1,452 $35 $1,487 Sub Total $7,587 $314 $7,901 $1,802 $1,694 $11,397 State Appropriations $16,698 $2,608 $19,306 $249 ? $19,555 Other Products Sales $4,339 $4,339 $4,339 Income from industry $722 $50 $772 $772 Other Non-Federal $2,897 $2 $2,899 $2,899 Sub Total $7,958 $52 $8,010 $0 $0 $8,010 Grand Total $32,243 $2,974 $35,217 $2,051 $1,694 $38,962 376 Analysis Auburn Auburn Auburn Alabama Source of Funds Ag Exp Stn Vet College Total Tuskegee Total Federal Hatch 9.28% 9.28% 9.28% Evans- Allen 0.00% 3.83% 3.68% 7.50% Mcintyre-Stennis Forestry 1.50% 1.50% 1.50% Special Grants 1.15% 1.15% 0.67% 1.81 Competitive Res. Grnts 1.14% 0.16% 1.31% 1.31% Animal Health & Desease Res 0.12% 0.22% 0.34% 0.01% 0.34 Contrcts. Grnts. Coop. Agrm 2.98% 2.98% 0.71% 3.69% Other Federal (not USDA) 3.31% 0.42% 3.73% 0.09% 3.82% Sub Total 19.47% 0.81% 20.28% 4.63% 4.35% 29.25% State Appropriations 42.86% 6.69% 49.55% 0.64% ? 50.19% Other Products Sales 11.14% 11.14% 11.14% Income from industry 1.85% 0.13% 1.98% 1.98% Other Non-Federal 7.44% 0.01% 7.44% 7.44% Sub total 20.43% 0.13% 20.56% 0.00% 0.00% 20.56% Grand Totals 82.75% 7.63% 90.39% 5.26% 4.35% 100.00% 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 171/195 FY93 Funding for Extension in Alabama (ref 1.023, 1.129-3, & 1.172 Federal 1890 Fac Penalty Retirement Renwbl Federal State County Non Base Progm Mall Rsrs Total Apprp Alloc Tax Total $7,989,740 $361,227 $458,878 $52,581 $8,862,426 $19,744,259 $2,187,425 $530,026 $31,324,136 $1,274,488 $277,802 $18,500 $1,570,790 $188,000 $44,055 ? $1,802,845 $1,274,488 $277,802 ? $1,552,290 $188,000 ? ? $1,740,290 Total $10,538,716 $555,604 $18,500 $361,227 $458,878 $52,581 $11,985,506 $20,120,259 $2,231,480 $530,026 $34,867,271 % by Column Total Federal 1890 Fac Penalty Retirement Renwbl Federal State County Non Base Progm Mall Rsrs Total Apprp Alloc Tax Total 75.81% 0.00% 0.00% 100.00% 100.00% 100.00% 73.94% 98.13% 98.03% 100.00% 89.84 12.09% 50.00% 100.00% 0.00% 0.00% 0.00% 13.11% 0.93% 1.97% ? 5.17 12.09% 50.00% ? 0.00% 0.00% 0.00% 12.95% 0.93% ? ? 4.99% Total 100.00% 100.00% 100.00% 100.00% 100.00% 100.00% 100.00% 100.00% 100.00% 100.00% 100.00% % by Row Grand Totals Federal 1890 Fac Penalty Retirement Renwbl Federal State County Non Base Progm Mall Rsrs Total Apprp Alloc Tax Total 25.51% 0.00% 0.00% 1.15% 1.46% 0.17% 28.29% 63.03% 6.98% 1.69% 100.00 70.69% 15.41% 1.03% 0.00% 0.00% 0.00% 87.13% 10.43% 2.44% ? 100.00 73.23% 15.96% ? 0.00% 0.00% 0.00% 89.20% 10.80% ? ? 100.00% Total 30.23% 1.59% 0.05% 1.04% 1.32% 0.15% 34.37% 57.71% 6.40% 1.52% 100.00 1, 1995 The Court has before it the motions of Alabama University and the State Defendants to Alter or Amend portions of the Court's Decree entered August 1, 1995. The Court will address each motion in turn. Alabama University's Motion To Amend 1. Amend the Decree to Permit the President of to Appoint the Associate Director for Urban Affairs and New Nontraditional Programs 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 172/195 Alabama University (\"AAMU\") requests that the Court amend the Decree to provide that the President of be designated as the appointing authority for the Associate Director for Urban Affairs and New Nontraditional Programs (the \"Associate Director\"). As the Decree currently 377 stands, the Director of the Alabama Cooperative Extension System (\"ACE-System\") is charged with appointing the Associate Director with the advice and counsel of the President and Chief Academic Officer of AAMU. Likewise, the appointment of the Associate Director for Rural and Traditional Programs is also made by the Director with the advice and counsel of the President and Chief Academic Officer of Auburn University argues that its president should have the authority to appoint the Associate Director for Urban Affairs so that the efforts of the ACE-System and the federally funded 1890 Extension Program can be unified. This unification will presumably be achieved by insuring that the appointments of the Associate Director and the 1890 Extension Administrator are vested in the same person also asserts that since the Associate Director is to hold academic rank and tenure within the University that as a matter of academic privilege and practice, the president of the institution should have the right and responsibility of making the appointment. The Knight Plaintiffs and the United States both support AAMU's request. Several Defendants oppose the request of the AAMU. The opposition is based on the belief that to permit the President of to make the appointment would thwart the creation of the unified extension system by insulating the Associate Director for Urban Affairs and New Nontraditional Programs from responsibility to the Director of the extension system. In issuing its Decree, the Court considered a variety of options regarding the administrative structure of the new unified extension system. With respect to extension matters the foremost objective of the Court's Decree is the creation of a unified delivery system that is educationally, fiscally, and administratively sound and practicable necessary component to achieve this objective is the creation of clear lines of responsibility and accountability beginning with the Director and the two Associate Directors. To maintain a unified system it is essential that the Director be the individual ultimately responsible for the effective management of those persons charged with carrying out extension policy in the State. To that end, the Director must have input and real influence over those who would serve the citizens of Alabama as Associate Directors. To create and maintain the existence of a unified system, the Director must be the ultimate appointing authority for the two Associate Directors. The Court, nevertheless, recognizes the merit in AAMU's position. 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 173/195 The Decree requires that the two Associate Directors have tenure and academic rank. It would be a usurpation of the academic prerogative if the Court were to foist upon either or appointees entitled to academic rank and tenure without meaningful input from the administrations of the universities. Upon reflection, the Court believes that to permit the Director to appoint the two Associate Directors with only the \"advice and counsel\" of the respective presidents and chief academic officers , intrudes too deeply into the traditional role university administrators play in selecting faculty members and awarding them tenure. ACCORDINGLY, the Court alters page 236 of its Decree as follows: The Associate Director for Rural or Traditional Programs shall be appointed by the Director with the advice and consent of the President and Chief Academic Officer of Auburn University and shall be headquartered on the campus of Auburn University. * * * * * * The Associate Director for Urban Affairs and New Nontraditional Programs shall be appointed by the Director with the advice and consent of the President and Chief Academic Officer of Alabama University and shall be headquartered on the campus of Alabama University. 378 2. Amend the Decree to Require Direct Annual State Funding for Agricultural Research Alabama University requests the Court to amend its Decree to require the State to appropriate at least $500,000 annually increased by 10% each year to support agricultural research at the University. According to the University, approximately $500,000 was spent for agricultural research from the $1 million land grant line item obtained by the University for fiscal year 1994-95. These monies were apparently used, in part, to secure matching research funds from private and federal sources. AAMU's position is that \"[u]nless the Court alters or amends its Decree to provide for [permanent] state research funding, the [a]ffect on AAMU's program will be devastating.\" AAMU's claim that the Court's current Decree will \"devastate\" the University's agricultural research program is both startling and unfounded. The Court's Decree provides that [1] 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 174/195 is entitled to compete competitively for at least 10% of the State funding annually available to the Alabama Agricultural Experiment Station (\"AAES\"). The 10% of annual State funding to the that is now entitled to compete for dwarfs the $500,000 that says it spent on agricultural research last fiscal year. For to say that the Court's Decree will devastate its agricultural research efforts is simply wrong and ignores the past and the great advantages in the new funding system. The Court will not direct the State to appropriate a separate sum of money for AAMU's research program. The Court has full confidence in AAMU's agricultural researchers and scientists. They are undoubtedly able to compete for and secure significantly more research dollars than has been available to the University in the past. Moreover, the Court will permit the University to use funds as matching monies for federal and private research sources. If applies itself with diligence and resourcefulness there will be more dollars for agricultural research at the University than virtually any other 1890 land grant institution in the country, and certainly more than has ever been available to the University heretofore. Auburn University and other Defendants oppose AAMU's request for additional State funding. They argue the Court should modify its Decree to allow to use part of the Court-ordered extension funds to support agricultural research. The Decree states that shall spend the extension appropriation ordered by the Court \"in support of the Alabama Cooperative Extension System's urban affairs and new nontraditional programs.\" Decree at 259. The Court believes that the amount it has designated that receive for ACE-System programming must be completely dedicated to extension work is not at liberty to spend this money on its agricultural research programs. Nothing in the Court's Decrees prevents from securing additional funding for its research programs through the normal appropriations process. If the Legislature wants to appropriate funds directly to for agricultural research it is free to do so. The Court is not, however, requiring that such direct appropriations be made. The minimum required of the State is what is contained in the Decree. Based on the evidence at trial, the Court set up a system and a funding mechanism that it reasonably expects will provide the best services to the citizens of Alabama in a way that is practicable and educationally sound. Anything more is a matter of politics. Though the Court will not require the State to appropriate money directly to for agricultural research, the Court is concerned that AAMU's ongoing research efforts will suffer from a temporary loss of funding until procedures are established to facilitate Alabama University's access to funding on a competitive basis. [2] 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 175/195 ACCORDINGLY, the Court amends its Decree as follows: 379 Within forty-five (45) days, Auburn University shall pay over to a one-time amount of $350,000 to be used by in support of its presently ongoing agricultural research programs. Alabama University may not spend the funds for any other purpose. Auburn University can use any source of institutional funds it wishes to meet this obligation. The amounts paid to Alabama University pursuant to this amendment shall count toward the 10% of the funding that is entitled to compete for in fiscal year 1995-96. The President of shall certify to the Court in its next annual report that the $350,000 was spent exclusively in support of its ongoing agricultural research programs. The certification shall include a description of the projects funded and an itemized statement of the money spent on each project. 3. Amend the Decree to Permit Part of the 10% of the Funding for which is Entitled to Compete to be Used as State Matching Funds for Federally and Privately-funded Research seeks a modification to the Decree that will permit it to use some funding without competition as State matching funds to secure additional research money from federal and private agencies. The Court's Decree is clear that before Alabama University can receive funding for research, the proposed research must satisfy the normal selection process applied to any other researcher seeking such experiment station funds. It is the Court's understanding that researchers and scientists receive State experiment station monies for matching funds if the proposed research and its protocol meet standards. To the extent external agencies are considering funding experiments at contingent upon the availability of state matching funds, then is free to pursue those funds from the like any other scientist. Leveraging the State research dollars with external funds makes practical and economic sense and will undoubtedly receive favorable action by the if the research is scientifically sound and appropriate. The Court will not modify its Decree. 4. Funding for AAMU's 25% Share of the Salaries of Future Employees of the ACE-System 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 176/195 The Court's Decree requires to pay 25% of the salaries of the nine existing District Agents, and 25% of the salaries of any future Assistant Directors that may be hired. AAMU's obligation to pay the 25% of the aforementioned employees' salaries commences with fiscal year 1996-97. Additionally, Alabama is required to pay 25% for all new and replaced ACE-System employees upon the implementation of this Decree asks the Court to modify its Decree to provide that the funding necessary to carry out this provision of the Decree come from a supplemental State appropriation. Otherwise, according to most of money that the Court has directed for use by the ACE-System in support of urban and nontraditional programs will eventually be used to pay employees. The University's point is well made. ACCORDINGLY, the Court modifies its Decree as follows: Beginning with fiscal year 1996-97 and annually thereafter, the Associate Director for Human Resources in the ACE-System shall file a report detailing the money needed to meet AAMU's 25% share of the salaries of new extension system employees. The report shall be filed with the Speaker of the Alabama House of Representatives, the Lt. Governor and the State Finance Director. The Associate Director for Human Resources shall file his report at least thirty (30) days before the start of the legislative session for any given year. The Court expects the Legislature to act responsibly in appropriating the funds necessary to cover the increased personnel costs associated with the Decree. If the Legislature fails to do so, the Court will act. The Court further modifies its Decree to provide that AAMU's obligation to pay 25% of all new ACE-System employees shall commence with fiscal year 1996-97. The Associate Director for Human Resources in the ACE-System shall serve a 380 copy of his report on the Court, the Court's Monitor and all parties of record. 5. Direct that and Work Out Details Relating to the Implementation of the Land Grant Remedy The Court expects both Auburn and Alabama to work cooperatively and meaningfully in establishing a truly unified extension system and agricultural research program. The more that and can resolve the less interference there will be from the Court. The prompt and effective achievement of the land grant remedy is a high priority for the Court. The Court expects the new extension system to be in place and functioning at 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 177/195 the earliest possible time. Likewise, the procedures for competitive funding under the must be set up promptly. The Court's Monitor is instructed to report to the Court with regularity on the progress the parties are making in implementing the land grant remedy. Once the Court-appointed Long-term Planning and Oversight Committee is in place, the Court will instruct it that the full implementation of the land grant remedy should command its immediate attention. The parties would be wise to resolve as many issues as possible. As the Court has often suggested to the parties, it is best that they work together to resolve as many questions as possible, since intervention by the Court is the least desirable alternative for all sides. The Court stands ready to make the decisions that the parties themselves cannot or will not make. 6. Observations Concerning the Emergence of a Unified Extension System Some comments made in the briefs filed by Auburn University and Alabama University trouble the Court. The comments are troubling not because they are improper, but because they reveal a lack of understanding about the basic objective the Court is seeking to achieve in the land grant area. Auburn, for example, talks about how the Court's Decree \"encourages\" the unification of the Alabama Cooperative Extension System. The Court wants to make it unmistakably clear that the unification of the extension system is not encouraged but required. Nothing less than the complete integration of AU's and AAMU's extension efforts consistent with the terms of the Decree will satisfy the Court or meet the parties' obligations. It is wrong to talk about envisioning cooperation or encouraging unification. The mandate for unification is much stronger than these words suggest has expressed a concern that the Court's Decree might relegate the University to the position held by Tuskegee before 1965. This concern is completely belied by the Decree itself. While may not have achieved all of its objectives with respect to the land grant system, it is without a doubt in a much stronger and more influential role than in the past. If officials really believe this Court has created a relationship between Alabama University and Auburn University that harkens back to the mid-sixty's then they have misread the Decree in a most profound and unfortunate way. The Court has guaranteed that the expertise and experience of Alabama University employees becomes an integral part of the State's extension system. Moreover, the Court [3] [4] 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 178/195 has insured that black Alabamians are fully represented throughout the policy-making apparatus attendant to the extension system. These components of the unified extension system are far cries from the segregation that existed in Alabama's extension service in the 1960's and before. The Alabama Cooperative Extension System does not belong to Auburn University or Alabama University. The extension system belongs to the people of Alabama. These two fine universities are merely the vehicles that the State uses to deliver services to its residents. The individual interests of either university will not be permitted to interfere with the goal of creating a truly 381 unified system of extension and agricultural research that serves the needs of the people of Alabama. 7. Require the State to Pay over to Its Respective Share of the Proceeds From the 1995 State Capital Bond Issue for Higher Education At the end of the 1995 legislative session the Legislature passed and the Governor signed a capital bond issue for State-supported education. Pursuant to the requirements of the 1991 Order and Decree and were entitled to receive a significant portion of higher education's share of the bond proceeds. See, Knight v. State of Alabama, 787 F. Supp. 1030, 1283 at \u00b6 1380 (N.D.Ala.1991 seeks an order from the Court requiring the State to pay the money over to the University so that the University can obtain the interest on the funds. Normally, the funds are held by the State and paid to the institution following the State's approval of the construction projects for which the funds are pledged. Under Alabama law the State is the recipient of interest that accrues on State bond funds. The State does not object to releasing the bond funds to (and presumable ASU) provided the funds are spent consistent with the State's laws. The Court appreciates the State's willingness to pay over to the bond proceeds to which the University is entitled. The Court believes that ordering the State to prematurely release to its share of the bond proceeds is inappropriate, however. If the State wishes to pay the money to AAMU, it may do so. Nothing in the 1991 Order or Decree gives the Court authority to order the State to pay the interest accumulating on ASU's and AAMU's State bond money to those institutions. Moreover, the legislation approving the bond issue does not mention AAMU's (or ASU's) entitlement to accumulated interest. Therefore, the Court has no basis for ordering the 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 179/195 State to comply with the request of AAMU. In denying AAMU's request, the Court is not suggesting either way whether the State should voluntarily pay the proceeds over to AAMU. 8. Amend the Decree to Eliminate the Requirement that the Court-ordered Audits be Conducted by Nationally Recognized Accounting Firms The Court will not alter the requirement that audits be conducted by nationally recognized accounting firms. The Court requires a national accounting firm because the Court is familiar with the standards and practices used by such firms in conducting audits. The audits are an integral part of the Decree. It is essential that they be conducted by a national firm in which the Court has confidence. The Court is sensitive to the high cost of audits conducted by national accounting firms and will permit the institutions to defray the cost of the same. ACCORDINGLY, the Court amends its Decree as follows: Alabama University and Alabama State University may, at their option, use some of the interest that has accumulated on the 1991 Court-ordered capital improvement monies since those monies were paid to the Universities to defray the cost of the various audits required by the Decree as to past expenditures and appropriations. If the institutions chose to use this money, they shall give notice to the Court and report on the amount to be spent. 9. Amend the Decree to Remove the Requirement that Pay into the Registry of the Court $200,000 moves the Court to eliminate the requirement that it pay $200,000 into the registry of the Court. The funds are required to pay part of the expense associated with the Court- appointed Long-term Planning and Oversight Committee (\"the Oversight Committee\"). The Court will not amend its Decree. As points out, one reason the Court is requiring the University to fund part of the Oversight Committee is that the 382 parties \"being overseen should pay for the expenses of oversight.\" Alabama is correct that a significant activity of the Oversight Committee will be as it relates to the implementation of the land grant remedy and that Auburn should therefore be required to contribute. Once the Oversight Committee is [5] 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 180/195 appointed and the Court approves the employment of land grant experts to help it, the Court may require Auburn University to contribute to the cost of oversight. The Court notes that Alabama University has already paid the $200,000 into the registry of the Court. 10. Modify the Decree's Provisions Relating to Scholarships to Permit Funds to be Available for Room and Board asks that the Court modify the Decree to permit Diversity Scholarship funds to be used for room and board suggests that the modification will aid the University in increasing the numbers of high quality students both black and white who may reside on campus. AAMU's request leaves the Court with the impression that it may not have been as clear as it should have been regarding the use of Court-ordered Diversity Scholarship funds. The Court will therefore take this opportunity to repeat the purpose to which these funds may be put. These funds are to be used to achieve the diversification of the student bodies on the and campuses. They are not to be confused with traditional financial aid funds. The Court will not approve any scholarship criterion that does not maintain complete and total fidelity to the desegregation objective. These funds are not to be used to attract black students to the University. Other scholarship funds are available to the general student population. The overwhelming evidence, indeed the uncontradicted evidence, is that the best sources of other race students for the PBIs are students who live and work within the vicinity of the University. Nevertheless, it is important that the University diversify its student body throughout the institution. The Court will therefore permit the University (and ASU) to use Court-ordered Diversity Scholarship funds to defray the room and board expenses for resident students. The Court will specifically require however, that the diversity scholarship criteria provide that any recipient whose award includes room and board, shall be of a race other than African-American. The Court believes that this narrow restriction on the availability of Court-ordered Diversity Scholarship assistance is required to aid the University in meeting its constitutional duty to desegregate and to ensure that the scholarship funds are applied to an appropriate use. 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 181/195 ACCORDINGLY, the Court modifies its Decree to provide that room and board expenses may be a part of a Diversity Scholarship award, provided the award is made consistent with the requirements set forth above and those in the Decree at pages 222 224. 11. Amend the Decree to Permit to Submit Two Programs Pursuant to the Preference for High Demand Programs Under the 1991 Decree requests the Court to postpone its elimination of the high demand program preference to permit the submission of two programs prepared under the 1991 Decree's provisions relating to high demand programming in the Huntsville area. The first is a joint Ph.D. program with in environmental science and the second is a master's program in science education. The 1991 Order provides at Paragraph 1764 that shall give preference for high demand programs in Huntsville if the proposed high demand programs can satisfy ACHE's normal program approval procedure is also given preference for new teacher education programs in the Huntsville area. See, 1991 Decree at V(C). There is no suggestion in the 1991 Order or Decree that the submission of a \"high demand\" program to assures program approval. The Court applauds and for developing the proposed joint Ph.D. program in environmental science. Such cooperative efforts are essential if the system of higher education in Alabama is to thrive in an era of uncertain State support. This program 383 should be submitted to for its review and if approved should be funded through the normal legislative process. In the past has indicated a willingness to seriously consider joint and cooperative programming between proximate institutions, and the Court has no reason to believe that has altered this preference. The Court cannot authorize the expenditure of any available Title monies in support of the joint Ph.D. program. The proposed program is not of the sort the Court had envisioned when it created the preference for high demand programming at AAMU. Its joint nature and the limited enrollment potential do not make it a high demand program as contemplated by the Court. In making this observation, the Court is not criticizing the proposed program or the efforts of and UAH. The Court believes that the program should be submitted to and if educationally sound, approved. The Court's comments are simply directed to the narrow issue of whether the proposed program is \"high demand\" 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 182/195 under the 1991 Decree for purposes of preferential treatment. The case is significantly different with respect to the proposed master's program in science education. The master's program in science education is clearly within the ambit of programs that the Court envisioned would offer under the 1991 Decree's preference for new teacher education programs. Master's level teacher education programs at have large enrollments, and many of the students who enroll are white master's program in science education could attract many elementary and secondary science teachers from across the Huntsville area. The master's program was developed during the period in which had preference for new teacher education programs. This program should be submitted to pursuant to its normal program approval procedure and if approved, should be started and funded. By directing that the program be submitted to for review, the Court is not suggesting what the outcome of ACHE's review should be. ACCORDINGLY, the Court amends its Decree as follows: AAMU's proposal for a master's program in science education should be submitted to and shall subject the program to the normal procedure for new program review. If the program receives approval, then shall file a report with the Court detailing its reasons for approval and its good faith estimate as to the startup cost and expected annual cost of the program. The Court will then review ACHE's report and satisfy itself that the program is \"high demand\" as that terms is used in the 1991 Decree. If the program is approved by and the Court, then appropriate action will be taken to secure its operation and funding. The Court may authorize the expenditure of Title monies in support of the program depending upon the availability of such funds after the Court has determined the cost of the engineering programs that are to be started at AAMU. 12. Modify the Decree to Allow to Pay the Cost of Auditing the Trust for Educational Excellence from the Proceeds of the Trust to be Reinvested into the Trust Corpus seeks a modification to the Decree to allow it to pay the audit expenses associated with the Trust for Educational Excellence (\"Trust\") from the 25% of the income currently required to be reinvested in the corpus of the Trust. The Court will not modify its Decree. 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 183/195 In the Court's judgment it is essential that the Trust corpus grow. The long-term viability of the University may depend upon it. Rather than asking to decrease the funds that must be reinvested into the Trust's corpus (and ASU) should do all they can to increase the corpus even to the extent of investing more than the required 25% of Trust's earnings back into the corpus. The creation of the Trust is an opportunity to put the University on a more secure financial foundation at a time when state and federal support for higher education is dwindling to dangerously low levels. The universities would make a grave error if they do not apply themselves with diligence to building this foundation. 384 The Court notes that the Trust already provides that financial advisers, brokers, accountants and attorneys if employed in pursuit of the Trust's interest may be paid reasonable fees from the funds not designated as corpus or for reinvestment in the corpus. See Decree at 206, 217. If the University keeps careful and complete records, the cost of auditing the Trust should be slight. The State Defendants' Motion To Amend 1. Modify the Decree to Provide that the State's Obligation to Pay Diversity Scholarship Funds Does Not Begin Until 1996-97 The State Defendants request that the Court-ordered Diversity Scholarships not begin until the fall term of the 1996-97 school year and run nine years instead of the required ten. Because of the uncertainty about how much scholarship money is available to the PBIs from previously appropriated funds, the State Defendants believe that this obligation should be deferred until that matter has been resolved. The State Defendants also request that the Decree be modified to provide that if the PBIs present the State with a scholarship \"invoice\" during the last forty five days of the State's fiscal year, that the State be given until the 15th day of the new fiscal year to make payment. The Court will neither delay nor shorten the obligation of the State to begin paying Court- ordered Diversity Scholarship at the PBI. The obligation of the State to begin paying scholarship funds will not begin, however, until the Court has first determined how much scholarship money the PBIs have available. The Court will grant the State Defendants' request to delay scholarship payments if the request for payment is made within 45 days of the close of any fiscal year. ACCORDINGLY, the Court amends its Decree as follows: 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 184/195 If a request for scholarship payment is presented during the last 45 days of the State's fiscal year, the State has until the 15th day of the new fiscal year to make such payment. This procedure shall govern the State's payments while the granting of Diversity Scholarships continues under the Decree. 2. Amend the Decree to Provide that All Funding Obligations of the State Pursuant to the Decree Shall Come from the The State Defendants request that the Court specify that the Alabama Special Education Trust Fund shall be the source of all funds for the payment of the State's financial obligations under the Decree. In several instances, the Court is specific about the source of funding. In other cases there is no specific designation. The Court does not believe that at this time it is prudent to designate with any further specificity the source of funding that the State may use to discharge its responsibilities. The Court believes that this is a decision better left to those in charge of the State's finances. No modification to the Decree will be made. The most significant undesignated expenditures are those associated with the development of new programs. At the time the Court approves any new programs, it may designate the source of State funds that should be used to support the program. 3. Determine the Amount of Title Monies that the PBIs have Available and Whether Such Funds Have Been Rolled into the Base Appropriation for Fiscal Year 1995-96 There is no evidence before the Court that would permit it to determine how much Title money and scholarship funds are available to the PBIs. The Court recognizes that this matter must be quickly resolved. Therefore, the Court directs that the parties comply with the following briefing schedule on this matter. Within 20 days The Knight Plaintiffs, the United States of America, and the Allied Defendants shall file briefs with the Court on this issue. See, Decree at 228-29, 265-66, 269-70. The briefs shall be accompanied by affidavits and documentary evidence supporting the contentions made therein. Within ten days following service of the aforementioned briefs, the other Defendants shall serve their responses. The responses shall be accompanied by affidavits and documentary evidence supporting the contentions made therein. Thereafter, the Knight Plaintiffs, the United 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 185/195 States of America, 385 and the Allied Defendants shall have ten days within which to file reply briefs. Any party not wishing to be heard on this issue need not file briefs. The Court will initially consider the matter on the briefs, affidavits and submitted documents. If the issue can be resolved on that basis, the Court will do so. Otherwise, the Court will schedule a hearing in Rome, Georgia to take any further evidence that might be needed. At this time, the Court will deny the request of the State Defendants to amend the Decree. 4. Modify the Decree to Substitute the Word \"Doctoral\" for \"Graduate\" When Discussing Doctoral Programs for The Court's Decree is clear. Under its terms can start a total of two new doctoral level programs. No modification to the Decree is required. 5. Modify the Decree to Provide that the State May Count Toward Its Funding of Urban Land Grant Programs Money In AAMU's Current Appropriation Traceable to AAMU's Previous Land Grant Line Item The Court does not have the evidence before it to permit it to decide whether AAMU's 1994-95 land grant line item was included in the University's 1995-96 appropriation from the State. Assuming that it was, no evidence is before the Court that would permit it to decide the exact amount rolled into the University's base appropriation. Therefore, the Court will require the parties to brief this issue on the same schedule as previously noted. The Court will relieve the State from any specific funding required in the Decree for urban and nontraditional programs until this matter is resolved. At this time, the Court will deny the request of the State Defendants to amend the Decree. It would be unwise for to allocate any funds in its appropriation for fiscal year 1995-96 that might be traceable to the University's 1994-95 land grant line item to expenditures other than extension until this issue is resolved. The suggestion is made in the hope of protecting from unnecessary financial hardship if the Court should grant the State Defendants' request. It would be equally unwise for the State or any other Defendant to assume that they will prevail on this issue even if the line item has been included in the appropriation to 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 186/195 AAMU. This entire matter must await decision by the Court, which it will make promptly after receipt of the parties' briefs. 6. Amend the Decree to Provide that the Knight Plaintiffs are Prevailing Parties on All Matters other than the Curriculum Issue The Court will deal with the matter of attorneys' fees when and if the Knight Plaintiffs and the State Defendants are unable to agree. The request of the State Defendants to amend the Decree is denied at this time Any request to amend or alter the Decree filed by or the State Defendants that was not specifically granted is hereby The Court requests that the parties indicated below file with the Court and serve on the Court's Monitor and the other parties of record the following information. 1. Within twenty days, the State is to report on the amount of proceeds available to and from the 1995 State Capital Bond Issue. 2. Within twenty days, Calhoun State Community College is to report on the average enrollment at its Huntsville facility for the academic years 1992-93 through 1994-95. If this information is available to the State of Alabama through ACHE, then the Court requests that the State also report this information. 3. Within twenty days, Auburn University is to report the 1994-95 State appropriation for the Agricultural Experiment Station. Within the same twenty-day period, Auburn is to report how much State money the University has allocated to the Agricultural Experiment Station for fiscal year 1995-96. 386 This number should be reported in actual dollars and as a percentage of the State's appropriation to the University for fiscal year 1995-96 this the 25th day of September 1995. 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 187/195 [1] Dr. Walter Allen, an expert witness presented by the United States, stated that the potential pool of white students for higher education can and should be increased. He urges the Court to adopt a solution that would encourage white students not presently served by higher education to attend an HBI. The goal should be to expand higher education and create additional access and opportunity. Concomitantly, the notion that there is a limited pool of students which has to be divided among the competing schools should be rejected. Allen (3/9/95) 71. [2] In Dr. Allen's view, the conflict between eliminating vestiges of segregation in the limited missions of the HBIs and impeding desegregation of predominantly white institutions can be addressed in a positive way. His view is that one should not assume that there is a finite pool of students eligible for higher education. Rather, the problem should be approached from the point of view of enhancing opportunity and access so that more black students will be eligible for, prepared for and interested in higher education. If the latter approach is adopted, the historically black institutions can enhance their missions and attract additional black and white students without decreasing the number of black students attending the predominantly white institutions. Allen (3/9/95) 70-71. [3] In light of the Eleventh Circuit's admonition that a practicable remedy need not bee the most efficient, the Court uses \"efficient\" according to the first definition in Webster's serving as or characteristic of an efficient cause, which is the immediate agent in the production of an effect. [4] Livingston University is now renamed the University of West Alabama. [5 degree program, resulting in a bachelors or other degree, must be distinguished from a program such as the black studies program at UAB, which is organized with a director, but offers only a minor at this time. [6] The Court notes that Dr. Jordan's contrary conclusion is based upon transferring all business programs from UAH. Jordan (3/8/95) 16-17. [7] In Montgomery, the Court does decree a five year period in which only may offer the Masters' of Accountancy. The Court notes that other remedial options are available, and AAMU's other-race enrollment is much higher than ASU's. The Court concludes, that the risk to UAH's business program does not justify the marginal benefit to from such a requirement in Huntsville. 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 188/195 [8] Other students are those not designated as black or white. [9] In the 1991 Order, the Court dropped a footnote, Knight, 787 F. Supp. at 1282, n. 109, regarding the Court's perplexity at the profligate use of funds by in building the Joe Reed Acadome, when so many other conditions needed attention. The Court can only note in bemusement that spent only $11.6 million. [10] The Court notes that during the summer and fall of 1993 the Court received, and made part of the record, letters from students complaining about the quality of instruction received in some of the courses at ASU. The Court also notes that it has not received any such letters since. The Court commends the parties for rectifying whatever problem there may have been. [11] Dr. Allen testified that, if the United States is to compete successfully in the new global economy it is essential for the United States to increase its college educated population. Allen (3/9/95) 71-72. [12] At this point, the following exchange occurred regarding the relevance of questions by TSUM's counsel: MR. BLACKSHER: Your Honor guess I'll object to the relevance of this line of questioning unless counsel can explain the relevance of all of this COURT: How is it relevant, then, Mr. Gardner? MR. GARDNER: Well believe it is relevant, Your Honor, for this reason: Much of what the Knight plaintiffs are asking for in the way of remedy is premised on an underlying assumption that the problems which exist to the extent they exist at Alabama State are attributable to state policies that limit the mission take the position that Alabama State has self inflicted wounds having nothing to do with race that have contributed both to problems that it has, and to any difficulty that it has had in recruiting other race students COURT: All right. MR. BLACKSHER: If understand it, counsel for Troy State is taking the position that Alabama State, its administration and faculty are incompetent or unworthy of any relief whatsoever didn't say that. I'm just asking questions. 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 189/195 MR. BLACKSHER: Well, you were answering the question about what the relevance of your questions was. Are you saying they're a bunch of no good people that aren't entitled to any consideration in this court or what? MR. GARDNER: Your Honor, in thirty-six years have been doing this have made it a practice not to engage in debates with counsel COURT: You have stated your reason your questions are relevant. You may go ahead, Mr. Gardner. [13] The Court notes that there was some evidence of positive publicity. Unfortunately, the negative publicity gets remembered, and must be avoided as far as possible. [14] Mr. Knight agreed that Dr. Longmire's lawsuit \"certainly had an impact on the image of the institution....\" Knight (2/16/95) 84. [15] Both black and white students are concerned about safety considerations. Leslie (2/28/95) 15-16. [16] The Chairman's statement was not made in the context of this case, or while discussing ASU, but his connection to is well known and such comments have symbolic force. [17] This fact was not elicited by attorneys on direct, but was left to the State's attorney to elicit on cross-examination. [18] For some reason ASU's attorneys failed to elicit this fact on direct examination but Auburn's attorney elicited it also omitted mention of this fact from their post-trial brief. [19] After setting forth extensive proposed findings regarding funding states The point of this is not to argue that the State cannot change the funding formula, but simply to recognize the need to be aware of how matters not addressed in the remedy can effect the outcome of specific provisions of the remedy. The Court is aware of this, but concludes that the fact of formula funding need not interfere with the Court's remedy in this case. [20] The Plaintiffs and Allied Defendants apparently believe that the previous Court ordered changes to the formula were intended to enhance funding to the HBIs. In fact, the Court altered the formula in order to appropriately and adequately fund remedial 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 190/195 education and to account for the lower tuition rates. The Court notes that some PWIs which do substantial remedial education benefitted as much or more than the HBIs. [21] As part of the decree, the Court is requiring an accounting of all the funds appropriated as a result of this Court's decree; that is, the Desegregation Planning, Recruiting/Minority Scholarships, and Title Program Enhancement line items. [22 question of interest on these funds remains pending before the Court. [23] The Court notes that it has learned through its Monitor that some or all of these monies may be rolled into the institutions base. The Court's direction regarding expenditure of these funds will not change merely because the funds are located in the base appropriation. [24] The omitted findings pertain to Alabama's funding of remedial education at the time of the last trial. As noted above, the Court remedied the constitutional violations with regard to such funding in the previous decree. [25] The funding formula currently used in Alabama relies heavily on a weighted credit hour calculation. The weighted credit hour calculation is in turn influenced by an institution's mission. (Footnote in the original). [26] Dr. Virginia Caples, Vice President for Academic Affairs, is responsible for AAMU's desegregation efforts. Caples (3/22/94) 393. This fact gives the Court some concern in light of a memo that was placed in the record during the rehearing. In its entirety, on letterhead, it states TO: Dr. Eric Rahimian, Interim Chairperson Department of Economics and Finance FROM: Virginia Caples [her signature] Vice President for Academic Affairs SUBJ: Vacant Positions DATE: March 11, 1993 Regarding your request to offer a contract to Mr. Arthur Young, please note and be guided by the following: 1 review of the faculty makeup for the Department of Economics and Finance reveals no African American faculty; and 2. The applicant list does not appear to have African- American applicants. Given the above situations, you are requested to place on hold any recommendation of employment until an all out search for an African American can be undertaken. If such efforts prove unsuccessful, we will proceed as appropriate. /cm xc: Dr. Contance Dees Mr. Lamar Clarke 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 191/195 [27] While Mr. Knight talked about support from the Court, the Court prefers the least intrusive role possible, and therefore, places the onus of support, as far as possible, for the presidents' efforts on the boards of trustees and the alumni of and AAMU. [28] For example, assume that CSCC-H's average enrollment for the last three years was 1000. As long as the cap is in place could enroll no more than 1050 FTE. [29] Dr. Wagner is TSUM's Dean of Distance Learning and Extended Education. [30] Tuskegee also serves 12 counties Sumpter, Greene, Hale, Marengo, Perry, Dallas, Wilcox, Lowdnes, Montgomery, Macon, Bullock, Barbour. [31] The 1990 census reported that 25.3% of Alabama's citizens are black. [32] The Knight Plaintiffs and Allied Defendants wasted substantial time attempting to prove that Dr. York harbored racial animus. The Court finds, as a matter of fact, from observing the witness and listening to the various testimony, and in light of many years as a judge, lawyer and Southerner, that Dr. York does not harbor racial animus. The Court finds that his testimony is credible and useful. [33] The Plaintiffs make much of the fact that Experiment Station has done no research specifically on black farmers since the early 1980s. The Court finds that that investigation, conducted prior to this litigation becoming full blown, demonstrates a concern by Experiment Station for the unique conditions of black farmers. There is no evidence that anything has changed since that time to justify use of scarce resources on a new study. J. Smith (1/31/95); G. Smith (1/31/95) 6-10; Shuford (3/2/95) 10-12; 95 318. [34] The Court emphasizes that it is ordering a remedy in the public universities. Tuskegee's place in the new system is beyond the scope of this case. See infra \u00b6\u00b6 534-538. [35] The Court notes at this juncture that it uses the word \"participant\" rather than \"partner.\" Partner implies an equality of power and funding that is just not practicable, educationally sound or desegregative. To split the funding in half, or to freeze AU's funding, allowing two systems to exist, would, at the least, decimate the excellent Alabama land grant system and create a system of separate and (maybe) equal land grant systems impermissible under Brown v. Board of Education. [36] The Court's remedy is somewhat different than the one proposed by Dr. Anderson. The Court's remedy avoids the unnecessary and impracticable strict dichotomization of urban and rural efforts. The Court's remedy also avoids placing on a responsibility 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 192/195 they cannot possibly bear alone. See 95 1, p. 112. Although Dr. Enarson retreated somewhat from his criticisms of Dr. Anderson's approach while testifying, the Court concludes that the concerns expressed in his report are substantial and not diminished by other testimony. [37] Tuskegee moved the Court for leave to file proposed findings and conclusions as amicus curiae. The Court, in a separate order, allowed them filed for the limited purpose of quoting from them in this order. [38] Despite Tuskegee's apparent expertise in the poultry area maintains an expensive poultry processing facility. AAMU's poultry facility is larger and more elaborate than needed. Moreover, it represents very expensive space for housing birds. 95 748. Given the need to prevent duplication among research universities may be able to put the resources dedicated to the poultry house to better use. 95 94 (Deposition of Frobish), pp. 52-55. [39] In response to Dr. Enarson's complaint about the shift in Plaintiffs' positions on curriculum Mr. Blacksher stated \"Well, you're not suggesting that plaintiffs should have stuck by their original guns even after the discourse indicated they were on the wrong track?\" [40] On those pages, Plaintiffs acknowledge: All opposing parties' briefs spend most of their ammunition blasting the curriculum theory plaintiffs have disclaimed. Once again, plaintiffs agree the federal courts ought not oversee the content of courses or what and how professors teach in the classroom. If that were all the Eleventh Circuit's remand on the curriculum issue was about, defendants would win. More, however, was required of the parties and this Court. After much consideration and debate, it now appears the question is, Whose First Amendment rights are being violated by whom? [41] On that page, Plaintiffs urge: \"The institution violates the First Amendment when it refuses on improper grounds to provide faculty members and students the opportunity and freedom to pursue legitimate academic subjects. In the instant case, defendants contend they are not prohibiting the pursuit of black history, culture and thought. E.g brief, vol. III, p. 9. The question this Court must decide is whether the systematic denial of academic degree programs and resources amounts to the same thing.\" (emphasis supplied). 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 193/195 [42] Unless otherwise noted, the school(s) listed in parentheses are PWIs located in the same state. [43] For purposes of further discussion, the Court assumes, arguendo, that Plaintiffs met their initial burden. [44] The Court is assuming, arguendo, that the Circuit Court's remand could be read to require the inquiry. [45] The Court heard testimony that black scholars differ as to the appropriate approach. Testimony from two professors markedly demonstrated these differences. Compare Huntly (1/31/95) with Whatley-Smith (2/7/95). In fact evidence of these difference led Plaintiffs' counsel, Mr. Blacksher, to question Dr. Whatley-Smith about slave masters' practice of dividing slave society, and concluded by asking her if she were in the \"big house.\" The Court notes Dr. Whatley-Smith's inclusive attitude, that blacks who have succeeded by some measure are all \"in the big house.\" [46] The Court does not intend to imply that should Dr. Munchus be terminated for some reason permissible under, Alabama law that the Court would reach the opposite conclusion. [47] Because of the Court's disposition of the curriculum issue, it need not reach the issue: However, the Court queries whether Plaintiff's proposed remedy is a race conscious one, subject to strict scrutiny. [48] The Court notes the logical tension in Plaintiffs' argument based on Milliken. Milliken requires a district court to, as far as possible, place the plaintiff in the position in which they would have been absent segregation. Without a history of segregation or (gender bias, etc.) the admitted purpose of this area of studies would evaporate. To the extent the hypothetical never segregated nation still discussed group concerns, such concerns most likely would be infused in the general curriculum the precise condition obtaining in Alabama today. [] The Court notes that the remedy is not inconsistent with Alabama's land grant statutes. [1] The Court recognizes that at and the president and the chief academic officer are not the same person. Nevertheless, to maintain the academic integrity of the selection process, the Court believes that at each university the president and chief academic officer should be involved in the selection process. 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 194/195 [2] For fiscal year 1994-95, the State appropriated $20,701,042 to Auburn University for the Alabama Experiment Station. See, Exhibits attached to State Defendants' Motion to Alter or Amend the Judgment. [3] The Court was encouraged to learn that high ranking officials of Alabama University and Auburn University recently met to discuss procedures and time tables for implementing the Court's land grant remedy. [4] Before 1965, Tuskegee housed the black component of the State's extension service with Auburn retaining control. [5] The Court notes that has filed a separate motion to stay the Decree's requirement that it pay the $200,000 into the Court's registry. The Court has disposed of AAMU's motion for a stay in a separate Order entered this day. Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 2/22/25, 6:09 Knight v. State of Alabama, 900 F. Supp. 272 (N.D. Ala. 1995) :: Justia 195/195", "7207_105.pdf": "32\u00b0 Montgomery \uf0c9 Watch Live Latest Video News (WSFA) - One of the three women who successfully sued Alabama State University and its former chief operating officer John Knight has written a letter to Gov. Kay Ivey urging her to do something to prevent him from being the keynote speaker at ASU's upcoming spring commencement ceremonies. Jacqueline Weatherly, the lead plaintiff in a federal sexual harassment suit against Knight, wrote to Ivey Tuesday that she was \"mortified to see he has been invited to be the keynote speaker...\" and added that she \"cannot imagine a more brazen, insensitive, and morally tone-deaf action by the interim president and board of trustees...\" Weatherly, along with Cynthia Williams and Lydia Burkhalter, sued Knight in 2010 for sexual harassment, for creating a hostile work environment, and for retaliation unsuccessfully defended Knight in court and on appeal at a cost of several million dollars. Each of the plaintiffs is a former employee. Knight retired as ASU's in 2014 after the university's then-president Gwendolyn Boyd eliminated his longstanding position as executive vice president. He's also a Democratic state representative representing Montgomery. Woman in Knight sexual harassment suit 'mortified' he's keynote speaker Published: May. 10, 2017 at 6:16 \| Updated: May. 10, 2017 at 7:14 2/22/25, 6:09 Woman in Knight sexual harassment suit 'mortified' he's keynote speaker 1/4 No preview available \"We endured enormous suffering, disgrace, mental anguish, and humiliation at the hands of Rep. John Knight,\" Weatherly wrote. \"Rep. Knight did not face any consequences-personal or professional- for his actions.\" She is asking Ivey, who is by virtue of her office the head of each of the state's college boards, to stop Knight from speaking at the commencement. It's not clear if or when Ivey would make a decision. The commencement takes place Sunday 12 News has reached out to and the governor's office for reaction to the letter. While has not responded, the governor has stated she has no comment on the matter and will speak with Rep. Knight \"at a later time.\" Knight and Alabama State have always maintained innocence in the case. Copyright 2017 12 News. All rights reserved. Techno Mag \| Sponsored All Channels for Only $49 (Buy Now) Crossout \| Sponsored Crossout 2.0: Supercharged Check out the new Crossout 2.0 for free. Discover PvP and PvE in our upgraded Action MMO. Countless unique Vehicles, PvE and PvP, Trading. Are you ready? Destroy vehicles your opponent took hours to craft and enjoy. Join now for Free Play Now Packaging Machines \| Search Ads \| Sponsored Top Packaging Trends In 2024 - Take Look Search Now Tips and Tricks \| Sponsored Jobs Online \| Search Ads \| Sponsored Never Throw Away the Water After Boiling Eggs - The Reason is Genius! Wish we had known this before Do you speak English? Work Job From Home In Pakistan \uf057 2/22/25, 6:09 Woman in Knight sexual harassment suit 'mortified' he's keynote speaker 2/4 Most Read Jewelry \| Search Ads \| Sponsored Pakistan: Jewelry On Sale For Half Price (See Price List) Learn More \uf144 Some Prattville residents frustrated with new housing development project \uf144 Clarke County High School head coach arrested in Florida as fugitive from justice Boy injured in Thursday evening Montgomery shooting Voletta Wallace, the dedicated mother of legendary rapper The Notorious B.I.G., dies at 78 Supreme Court clears the way for a lawsuit over COVID-19 pandemic-era unemployment claims in Alabama \uf057 2/22/25, 6:09 Woman in Knight sexual harassment suit 'mortified' he's keynote speaker 3/4 director Kash Patel orders hundreds of agents to be transferred to Redstone Arsenal \uf144 Dothan Police searching for wanted man they say was involved in shooting \uf144 Judge largely blocks Trump\u2019s executive orders ending federal support for programs \uf057 Terms of Service Privacy Policy Public Inspection File Applications [email protected] - 334-613-8256 Report Closed Captioning/Audio Description Careers Advertising Digital Marketing At Gray, our journalists report, write, edit and produce the news content that informs the communities we serve. Click here to learn more about our approach to artificial intelligence Gray Local Media Station \u00a9 2002-2025 News Weather Sports Contact Us 445 Dexter Avenue Suite 7000 Montgomery 36104 (334) 288-1212 2/22/25, 6:09 Woman in Knight sexual harassment suit 'mortified' he's keynote speaker 4/4", "7207_106.pdf": "From Casetext: Smarter Legal Research Weatherly v. Alabama State University United States District Court, M.D. Alabama, Northern Division Apr 30, 2010 Case No. 2:10cv192 (wo) (M.D. Ala. Apr. 30, 2010) Copy Citation Download Check Treatment Take care of legal research in a matter of minutes with CoCounsel, your new legal assistant. Try CoCounsel free Case No. 2:10cv192 (wo). April 30, 2010 III, Senior District Judge Sign In Search all cases and statutes... Opinion Case details 2/22/25, 6:09 Weatherly v. Alabama State University, Case No. 2:10cv192 (wo) \| Casetext Search + Citator 1/6 Accepting the allegations of the Complaint as true, which the court must do for the purposes of these motions, the facts of the case, in summary, are as follows: This cause is before the court on a Motion to Sever Claims (Doc. #9) and a Motion to Dismiss Sexual Harassment Claims (Doc. #11), filed by the Defendant, Alabama State University (\"ASU\"). The Plaintiffs bring claims for violations of Title of the Civil Rights Act of 1964, as amended. All Plaintiffs bring claims for racial harassment and hostile work environment (Count One) and sexual harassment and hostile work environment (Count Two). Plaintiff Jacqueline Weatherly also brings claims for racial and sexual harassment (Count Three) and retaliation (Count Four). Plaintiff Cynthia Williams brings claims of racial and sexual discrimination (Count Five) and retaliation (Count Six). Plaintiff Lydia Burkhalter brings race and gender discrimination claims (Count Seven) and retaliation (Count Eight). The Defendant, ASU, seeks to sever the claims of the three Plaintiffs from one another, and to dismiss some claims of one Plaintiff, Lydia Burkhalter. For reasons to be discussed, the Motion to Dismiss is due to be as moot, and the Motion to Sever is due to be DENIED. 2 2 The Plaintiffs are current and former employees of ASU. Jacqueline Weatherly (\"Weatherly\") was the first of the Plaintiffs to advance an internal complaint of discrimination at ASU. She voiced a complaint of harassment and hostile work environment, based on the actions of Lavonette Bartley (\"Bartley\"). At the time, Bartley was the Associate Executive Director for Marketing and Communications at ASU. Bartley reported to John Knight (\"Knight\"), who at the time was the Special Assistant to the President and Executive Director for Marketing Communications. This complaint was investigated and Plaintiffs Cynthia Williams (\"Williams\") and Lydia Burkhalter (\"Burkhalter\") provided testimony favorable to Bartley during the investigation. Thereafter, Williams and Burkhalter experienced sexually and racially offensive comments in the workplace and inappropriate conduct 2/22/25, 6:09 Weatherly v. Alabama State University, Case No. 2:10cv192 (wo) \| Casetext Search + Citator 2/6 by Bartley. Plaintiff Burkhalter complained to Plaintiff Williams, her supervisor, about Bartley's conduct. Williams subsequently was interviewed again in the investigation of Weatherly's complaint and explained that although she initially provided testimony favorable to Bartley, since that time she had experienced harassing conduct herself. The Plaintiffs allege that John Knight did not respond to complaints about harassment. They allege that various adverse actions were taken which they contend were in retaliation for their having voiced complaints or having participated in each other's complaints of discrimination As stated above has filed a Motion to Dismiss and a Motion to Sever. In their brief 3 in response to the Motion to Dismiss, the Plaintiffs have requested the imposition of costs and fees. 3 ASU's Motion to Dismiss concerns the sexual harassment claim alleged in the Complaint, but only seeks to dismiss the claim of Burkhalter. In response, the Plaintiffs have stated that their Complaint does not assert a quid pro quo harassment claim on Burkhalter's behalf, or on behalf of either of the other Plaintiffs, but only a hostile environment claim on behalf of all three Plaintiffs, and that that claim is properly pled. The Plaintiffs ask that the court deny the Motion to Dismiss and impose sanctions pursuant to Rule 11. In reply concedes that now that the Plaintiffs have clarified that there is no quid pro quo sexual harassment claim, the Motion to Dismiss is due to be as moot. See Doc. #19 at p. 2. Accordingly, the court will deny the Motion to Dismiss as moot. Although the Motion to Dismiss is moot, the court cannot conclude that should be assessed costs and fees pursuant to Rule 11 for having filed the motion. Courts impose sanctions pursuant to Rule 11 of the Federal Rules of Civil Procedure when a party files a pleading (1) that has no reasonable factual basis; (2) that is based on a legal theory that has no reasonable chance of success and that cannot be advanced as a reasonable argument to change existing law; or (3) that is filed in bad faith for an improper purpose. See Kaplan v. DaimlerChrysler, A.G., 331 F.3d 1251, 1255 (11th Cir. 2003 conceded that its motion was due to be denied once it was made clear by the Plaintiffs that they were not asserting the claim 2/22/25, 6:09 Weatherly v. Alabama State University, Case No. 2:10cv192 (wo) \| Casetext Search + Citator 3/6 perceived them to be asserting. Given that the Complaint is 50 pages long and contains multiple factual assertions involving alleged harassing conduct and adverse employment actions, the court cannot conclude that ASU's motion was so baseless or was filed for delay or improper purpose so as to warrant 4 the imposition of sanctions under Rule 11. 4 has also moved to sever the claims by Weatherly, Williams, and Burkhalter from one another, stating that the claims are not properly joined in a single action because there are distinct factual differences in the three Plaintiffs' claims. The authority relied on by in support of its motion, Grayson v. K-Mart Corp., 849 F. Supp. 785 (N.D. Ga. 1994), is factually distinct, however, in that that case did not involve harassment claims, or claims of retaliation for participation in other plaintiffs' complaints of discrimination. Under Rule 20 of the Federal Rules of Civil Procedure, people may join in one action as plaintiffs if they (1) assert any right to relief jointly, severally, or in the alternative with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences, and (2) any question of law or fact common to all plaintiffs will arise in the action. In evaluating joinder, a court \"is guided by the underlying purpose of joinder, which is to `promote trial convenience and expedite the resolution of disputes, thereby eliminating unnecessary lawsuits.'\" Swan v. Ray, 293 F.3d 1252, 1253 (11th Cir. 2002) (per curiam) (quoting Alexander v. Fulton County, Ga., 207 F.3d 1303, 1323 (11th Cir. 2000)). Other courts have found that joinder is proper where there are different plaintiffs claiming harassment based on overlapping evidence. See, e.g., DeShiro v. Branch, No. 96-800-CIV-T-17E, 1996 663973 (M.D. Fla. Nov. 13, 1996). Although points to the factual disparities alleged in this case, it appears that there are at least some overlapping factual and legal issues in the harassment claims and retaliation claims as alleged, and that the claims arise out of the same occurrences. It may be, upon development of the evidence in this case, that it ultimately appears that the claims of the three plaintiffs should be severed for trial. At this point 5 in the proceedings, however, judicial economy is served by joinder, rather than proceeding in duplicative suits with duplicative discovery. See Monsanto v. Fleming, No. 5 2/22/25, 6:09 Weatherly v. Alabama State University, Case No. 2:10cv192 (wo) \| Casetext Search + Citator 4/6 3:07cv105-J-33HTS, 2007 3521724 (M.D. Fla. Nov. 15, 2007). Therefore, the Motion to Sever will be DENIED, but will be allowed to re-raise this issue at an appropriate time prior to trial, should choose to do so For the reasons discussed, it is hereby as follows: 1. The Motion to Dismiss (Doc. #11) is as moot. 2. The Motion to Sever (Doc. #9) is without prejudice to being raised again at a later time. 3. The Plaintiff's request for costs and fees imposed pursuant to Rule 11 (Doc. #17 p. 16) is DENIED. About us Jobs News Twitter Facebook LinkedIn Instagram Help articles Customer support Contact sales Cookie Settings Do Not Sell or Share My Personal Information/Limit the Use of My Sensitive Personal Information 2/22/25, 6:09 Weatherly v. Alabama State University, Case No. 2:10cv192 (wo) \| Casetext Search + Citator 5/6 Privacy Terms \u00a9 2024 Casetext Inc. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 2/22/25, 6:09 Weatherly v. Alabama State University, Case No. 2:10cv192 (wo) \| Casetext Search + Citator 6/6", "7207_107.pdf": "More local news for Birmingham, Huntsville and Mobile \u2013 Start Today for $5 Advertisement Alabama State University to pay more than $1 million legal bills for harassed former workers Updated: Nov. 22, 2013, 3:45 p.m. \| Published: Nov. 22, 2013, 2:45 p.m. Subscribe (File photo.) By Evan Belanger \| [email protected] MONTGOMERY, Alabama federal court is forcing Alabama State University to pay more than $1 million in attorney fees for three women who successfully sued the school for sexual and racial harassment. According to The Montgomery Advertiser, the court has awarded more than $1 million in fees and nearly $34,000 in court costs to the three. The 11th Circuit Court of Appeals in September upheld a jury verdict, forcing the university to pay more than $1 million in damages to former employees Jacqueline Weatherly, Cynthia Williams and Lydia Burkhalter. During the jury trial in U.S. District Court, the plaintiffs testified they were subjected to egregious racial and sexual harassment, including unwanted touching and frequent, pervasive use of the racial slur n-----, at the hands of employee Lavonette Bartley, second in charge to John Knight, special assistant to the president and director for marketing and communications -- now executive vice president and chief operations officer. Weatherly and Williams are both black women, as is Bartley, court records show Players Talk Win Over Oklahoma State Burkhalter, who is biracial, testified she was sexually harassed by Knight, including an incident in which he asked her to dance for him the way she had danced at a party and another in which he told her he \"liked his coffee sweet like (her) and the color of (her) complexion,\" court documents showed. In court documents, the plaintiffs said the university failed to address their complaints about the conduct, instead retaliating against them and eventually firing them when they complained to the Equal Employment Opportunity Commission, the school's human resources department and university trustees. The jury agreed with the plaintiffs on most counts, awarding the women a combined $1.04 million -- $793,500 of it for emotional pain and mental anguish and the remainder for lost wages, benefits and leave time denied all of the charges, and appealed the case to a higher court reported in May it had spent more than $100,000 on its own lawyers. Gov. Robert Bentley attempted to read through the lawsuit during a recent trustee meeting to address a forensic auditor's concerns of conflicts of interest and waste at the school Championship winning Alabama high school football coach arrested on multiple charges in Florida Feb. 21, 2025, 5:16 p.m small-town Alabama meat-and-three that\u2019s \u2018made with love\u2019 Feb. 20, 2025, 1:30 a.m. \"I'm just asking you to read that report thoroughly and carefully and prayerfully to see how it has affected this university,\" he said. The Executive Committee of the school's Faculty Senate voted no confidence in the university's trustees and interim president last month, according to a letter from Faculty Senate Chairman Charlie Hardy to Gov. Robert Bentley. The letter says the committee consulted with representatives from each of the university's colleges before the vote. It cites a \"misapplication of resources due, in part, to extended continuous litigation.\" If you purchase a product or register for an account through a link on our site, we may receive compensation. By using this site, you consent to our User Agreement and agree that your clicks, interactions, and personal information may be collected, recorded, and/or stored by us and social media and other third-party partners in accordance with our Privacy Policy. Around the Web War Thunder \| Sponsored Join new Free to Play War Thunder Fight in over 2000 unique and authentic Vehicles. Fight on Land, on Water and in the Air. Join the most comprehensive vehicular combat game. Over 2000 tanks, ships and \u2026 Play Now SearchPad \| Sponsored Packaging Machines \| Search Ads \| Sponsored Top Packaging Trends In 2024 (Take Look) Search Now Book Your Low Priced Cruise (See Offers) Explore lowest priced offers today. 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All rights reserved (About Us). The material on this site may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of Advance Local. Community Rules apply to all content you upload or otherwise submit to this site. YouTube's privacy policy is available here and YouTube's terms of service is available here. Ad Choices", "7207_108.pdf": "Buzz Killer chief operating officer Knight Testifies in Sexual & Racial Harassment Case Editors Posted on Feb 13, 2012 John Knight testified in a sexual and racial harassment trial Friday, denying claims that 2/22/25, 6:10 chief operating officer Knight Testifies in Sexual & Racial Harassment Case Buzz 1/7 an Alabama State University administrator regularly demeaned employees under his watch. Knight, executive vice president and chief operating officer of ASU, sometimes bristled while denying other allegations, including that he had discouraged reporting of harassment and had asked female students and employees out on dates. It was the third day of the trial of a lawsuit that three females brought against the university where they once worked. The lawsuit alleges unlawful employment practices under Title of the Civil Rights Act of 1964. Specific allegations include use of racial slurs and language demeaning to women, crude references to female body parts and inappropriate touching. One of the plaintiffs, Cynthia Williams, testified earlier that she filed a complaint with the Equal Employment Opportunity Commission office in Birmingham. She added that she was subsequently warned that making more complaints to the would get her fired. Joseph L. Fitzpatrick Jr., attorney for the plaintiffs, asked Knight on Friday whether he disliked having his employees cooperate with the think that is an insult for you to ask me that, young man,\u201d said Knight, a longtime Democratic state representative. Jacqueline Weatherly and Lydia Burkhalter, the other two plaintiffs in the lawsuit, also gave testimony Friday. Read Full Article Montgomery 2/22/25, 6:10 chief operating officer Knight Testifies in Sexual & Racial Harassment Case Buzz 2/7 Alabama State University asu John Knight Sexual & Racial Harassment Case Share this article: Related Articles 2/22/25, 6:10 chief operating officer Knight Testifies in Sexual & Racial Harassment Case Buzz 3/7 2/22/25, 6:10 chief operating officer Knight Testifies in Sexual & Racial Harassment Case Buzz 4/7 Recent News 1890 2/22/25, 6:10 chief operating officer Knight Testifies in Sexual & Racial Harassment Case Buzz 5/7 Popular Posts $50K 2/22/25, 6:10 chief operating officer Knight Testifies in Sexual & Racial Harassment Case Buzz 6/7 Buzz delivers news, insights and editorials from the Black College community. Since 2011 Buzz has been a resource for prospective & current students and alumni. Copyright \u00a9 2025 BUZZ. All rights reserved. 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8,734	William A. Lake	University of Miami	[ "8734_101.pdf", "8734_102.pdf", "8734_103.pdf", "8734_104.pdf", "8734_105.pdf", "8734_106.pdf" ]	{"8734_101.pdf": "As the director of judicial affairs at the University of Miami from 2008 to 2016, Associate Dean of Students William A. \"Tony\" Lake investigated rape and sexual assault complaints. When he left in 2016, many assumed it was connected to a mishandled rape case that drew national press. Lake punished then-student David Jia for allegations that police later found to be false and was also separately accused of mishandling a different case by telling a victim to simply \"avoid\" her alleged rapist on campus. As the director of judicial affairs at the University of Miami from 2008 to 2016, Associate Dean of Students William A. \"Tony\" Lake investigated rape and sexual assault complaints. When he left in 2016, many assumed it was connected to a mishandled rape case that drew national press. Lake punished then-student David Jia for assault allegations that police later found to be partly false and was also separately accused of mishandling a different case by telling a victim to simply \"avoid\" her alleged rapist on campus. But according to documents New Times obtained, Lake was fired May 31, 2016, because university officials discovered he had behaved inappropriately toward students. According to Lake's termination letter, a female student filed a formal complaint against him April 26, 2016, after the two met through the school's Panhellenic Council. The student said Lake was hitting on her. \"Specifically, the student advised that you had expressed personal feelings toward her, and as a result, she requested that you refrain from further participation as an adviser to University of Miami Rape Investigator Quietly Fired for Hitting On Students By Jerry Iannelli January 29, 2018 Listen to the article now 1.0x Audio by Carbonatix the Panhellenic Council,\" Ricardo Hall, the school's then-dean of students, wrote in the memo. (The council handles Greek-life issues around campus.) \"On May 31, 2016, the investigation was completed and the allegations were substantiated.\" The letter went on to state that Lake also engaged in \"unprofessional discussions regarding other female students.\" The letter does not specify what Lake said or did to warrant the firing. But Hall laid out three university rules that Lake broke, including acting in an \"immoral or indecent\" manner on the job, acting in a way that would \"bring unfavorable attention\" to UM, and committing any \"willful act, careless act, or conduct detrimental to University operations or the safety and rights of other persons on University premises.\" He was fired immediately, according to the letter. It's unclear how long the inappropriate comments went on or how many women the incidents ultimately affected spokespeople did not immediately respond to requests from New Times. Lake did not respond to a message today \u2014 lawyers representing both him and the university in open lawsuits declined to comment. Lake was hired under then President Donna Shalala, who served in that role from 2001 to 2015. Shalala, the former secretary of health and human services under President Bill Clinton, is the former president of the Clinton Foundation. Shalala has reportedly been considering a run for central Miami's open congressional seat in 2018. Lake was ultimately fired under Shalala's successor, Julio Frenk, UM's current president. But Lake's reputation was already on shaky ground before Frenk took over. In 2014, then student Angela Cameron accused fellow student Jia of rape \u2014 leading one unofficial rape counselor at the school, former professor Katharine Westaway, to rally around Cameron and demand Jia's expulsion. Lake agreed and ultimately punished Jia. But portions of Cameron's case unraveled: The Coral Gables Police Department ultimately found that Jia was not in town when Cameron said one physical assault occurred. (Cameron still maintains she was raped during a separate encounter.) Westaway's teaching contract was not renewed as a result. Jia sued the school, Westaway, Cameron, and Lake in federal court last January for Title violations, negligence, and defamation. The university and Lake have filed multiple motions to dismiss the suit. \"Many of the allegations are intentionally sensational and demonstrably false,\" Lake and UM's lawyers have argued in court. Separately, the university was sued again, in September 2017, for another case Lake allegedly mishandled. (He was not sued personally but is named in court documents.) In this instance, an anonymous victim says she reported a sexual assault to Lake in 2013 \u2014 and instead of helping, she says, Lake refused to investigate the claim, told her to \"avoid\" her assailant on campus, encouraged her to \"feel bad\" for her rapist because he \"did not have many friends,\" and tried to convince the victim that, perhaps, the assailant had used his finger instead of his penis to penetrate her. The student said she was assaulted in August of that year at Red Road, an off-campus apartment complex that caters to students, and that after the assault, her rapist continued to stalk and harass her. The student also reported the assault to Coral Gables Police, who ultimately arrested the male student on stalking charges. She says she eventually attempted suicide due to the stress. The university has filed documents maintaining it did not violate Title in this case. The school's lawyers have also attempted to out the anonymous accuser, who filed as a \"Jane Doe\" complainant. While many commentators and education professionals have debated whether universities should take it upon themselves to investigate rape complaints, Lake's termination letter suggests he was likely a uniquely unqualified person to handle the job. \"The investigation found that you engaged in inappropriate and unprofessional behavior towards the aforementioned female student, which undermined and jeopardized the integrity of your position as the Associate Dean of Students,\" Hall wrote. He then asked Lake to clean out his office and turn in his employee badge Sign up for the This Week's Top Stories newsletter to get the latest stories delivered to your inbox Email \u2022 Enter Email reCAPTCHA I'm not a robot Privacy - Terms Your Health Matters Ads By Slim Down & Feel Young Again Without Expensive Prescriptions Puravive is a former staff writer for Miami New Times from 2015 to March 2020. He graduated with honors from Temple University. He then earned a master's degree in journalism from Columbia University message from News Editor Natasha Yee: If you value independent journalism, please consider making a contribution to support our continued coverage of essential stories and to investigate issues that matter. Remove Bad Breath and Improve Oral Health ProvaDent No Dentures Needed! New Formula Repairs Teeth & Gums ProDentim SALE? Post & get featured here! $34 $100 Use of this website constitutes acceptance of our terms of use, our cookies policy, and our privacy policy. View our accessibility policy and policy. The Miami New Times may earn a portion of sales from products & services purchased through links on our site from our affiliate partners. \u00a92025 Miami New Times, LLC. All rights reserved. Do Not Sell or Share My Information", "8734_102.pdf": "When a University of Miami student told a dean in 2013 that she'd been raped and was now being stalked by the rapist, the dean offered no help and told her to \"avoid those situations\" where she'd run into her assailant. Later, that same dean told the victim to \"feel bad\" for her rapist because he \"did not have many friends\"... When a University of Miami student told a dean in 2013 that she'd been raped and was now being stalked by the rapist, the dean offered no help and told her to \"avoid those situations\" where she'd run into her assailant. Later, that same dean told the victim to \"feel bad\" for her rapist because he \"did not have many friends\" and also suggested that the assailant had penetrated her with his fingers instead of his penis. And after the school and her professors refused to take action, the student reported her assailant to Coral Gables Police and later said the stress of the ordeal pushed her to attempt suicide. Those are among the upsetting claims made in a lawsuit the student filed against the university September 15. The student, who is identified only as Jane Doe in the court documents, is now suing the school for violating Title IX, the federal law prohibiting gender or sex discrimination and setting guidelines for handling assault complaints, and the Rehabilitation Act, which prohibits discrimination based on a person's disability. The student says she developed severe anxiety, depression, and posttraumatic stress disorder due to her assault. \"Had the University provided these options to Plaintiff in the Fall of 2013, Plaintiff would have been spared the failing grades, the continued fear for her safety, the depression and anxiety that stemmed from the repeated trauma she experienced in the fall of 2013, and the despair she felt from the University\u2019s inadequate responses that led to suicide attempt,\" the suit says. The lawyers for the student and the representatives for the university did not immediately respond to requests for comment from New Times. But this is not the first case in which has been accused of mishandling a sexual assault case or violating Title IX. In April 2015, New Times published a long-form investigation into the university's dealings with Colin McGinn, a high-profile philosophy professor who sent sexually explicit emails to one of his students. After getting caught repeatedly emailing the student the words \"handjob,\" \"erection,\" and \"Lolita\" and asking on three occasions to have sex with the student, McGinn resigned. The student then sued the school for Title violations. This is also the second high-profile case involving then-Dean William A. \"Tony\" Lake, who handled Title and sexual harassment complaints as the school's judicial affairs director until he was forced out in 2016 for mishandling another student rape case. In that instance, Lake punished then- student David Jia in 2014 for rape claims which later turned out to be false. Jia sued the school this past January. The case also led to axe an unofficial rape counselor at the school, then-Professor Katharine Westaway, after she rallied around Jia's accuser and demanded Jia be punished. Lake did not immediately respond to messages from New Times about the latest lawsuit. In the new case, the student alleges she was raped August 23, 2013, at an off-campus apartment complex that caters to students, known informally as \"Red Road.\" The pair had met through the Lawsuit Claims Failed Rape Victim, Told Her to \"Avoid\" Rapist By Jerry Iannelli September 20, 2017 Listen to the article now 1.0x Audio by Carbonatix Hindu Student Council and had recently begun dating. After the assault, the student says, her assailant \u2014 a resident adviser (RA) at a campus dorm nearby \u2014 regularly stalked her and threatened her. At a frat party September 13, the pair met and the stalker allegedly blew into a fit of rage: He said that she was the reason he didn't get accepted to a campus fraternity and that she was forcing him to \"hurt himself.\" The student says her assailant also left threatening voicemails and followed her to a friend's dorm room and banged on the door demanding to see her. The student says she first reported the assault and subsequent stalking to the program supervisor at her assailant's dorm. She says the supervisor said he'd speak with her rapist but ultimately did nothing and also did not provide the student with anymore advice or reference her Title rights in any way. On September 16, 2013, the student says, she reported the rape to Lake. She says Lake never told her about her Title rights and failed to properly investigate the situation, although he did order the rapist not to have any contact with her. The student says she was then denied the ability to drop out of her classes or take a break to deal with the trauma of being raped and harassed. The student says university officials repeatedly refused to inform her professors that she was suffering from trauma and needed extensions or breaks on classwork. Later that same day, she reported the stalking to Coral Gables Police out of fear for her safety. \"She provided testimony and documentary evidence to the police, such as Facebook messages and text messages,\" the suit says. \"The police began investigating the case and informed Plaintiff of various resources available to her. They expressed concern that the University had not informed Plaintiff of her option to make a police report.\" Just two weeks after the university issued the no-contact order, the student's rapist began harassing her again, she says. When the student reported the issue to Lake, he allegedly said that the school wasn't able to enforce the no-contact order and that it was on her to steer clear of the rapist. \"Dean Lake advised Plaintiff to 'avoid those situations' in which Assailant would come in contact with her,\" the suit says. \"This was nearly impossible without Plaintiff\u2019s avoiding all campus facilities and activities, including classes, therapy appointments, the library, the student center, or any other facilities on campus.\" From September to December 2013, the student says, her stalker harassed her nine to ten more times. She claims she reported each case to Lake, but he and the school did nothing. And the suit claims that when the student met with Lake again in October, he tried to insinuate that the victim had not been raped. \"During this meeting, Dean Lake suggested to Plaintiff that perhaps Assailant had inserted his fingers and not his penis into Plaintiff\u2019s vagina, and that this was not rape,\" the suit says. \"He told Plaintiff that she should 'feel bad' for Assailant because he did not have many friends and that Assailant may not have meant to be violent toward her during the September 13, 2013 fraternity party. He suggested that Plaintiff withdraw the rape allegations since the Assailant would likely be punished regardless. Instead of investigating Plaintiff\u2019s allegations, Dean Lake attempted to sweep them under the rug.\" At another in-person meeting that month, the student warned Lake that her assailant was harassing other freshman women on campus, she says. Lake allegedly responded that the students would need to \"figure out for themselves\" if the guy was dangerous. In December 2013, the student said she was stalked multiple times. She emailed Lake and said she was \"fearing for [her] safety.\" She claims he did not respond for multiple days. On December 10, a three-person university board found the assailant responsible for charges of \"sexual assault and battery, intimate partner/dating violence, underage drinking, physical assault, and sexual harassment.\" He was, however, allowed to remain on campus despite his victim's repeated protests. The student said she was forced to obtain an emergency restraining order against her assailant from Miami-Dade County December 16, and only then was the rapist finally expelled. The next day, the accused was arrested on stalking charges, the lawsuit says. He pleaded guilty the following spring. In the meantime, the victim repeatedly asked professors and school administrators for help dealing with her anxiety, she says. She claims the school steadfastly refused to help in any major capacity until she attempted suicide in January 2014. She was then admitted to a medical clinic in Texas and diagnosed with posttraumatic stress disorder. Despite everything, the victim graduated in May 2015 with a degree in microbiology and immunology. She says her grade point average dropped from 3.8 to 3.5 after the assault and blames the school for the few failing grades on her transcript. \"Currently a law student at the University of Houston, Plaintiff is in the process of applying to medical school and is determined to fix her to reflect the caliber of student she was before the rape, and the accurate scholastic marks she would have had without the continued threats to her safety and the University\u2019s deliberate indifference toward her being raped and stalked,\" the suit says Sign up for the This Week's Top Stories newsletter to get the latest stories delivered to your inbox Email \u2022 Enter Email reCAPTCHA I'm not a robot Privacy - Terms Your Health Matters Ads By is a former staff writer for Miami New Times from 2015 to March 2020. He graduated with honors from Temple University. He then earned a master's degree in journalism from Columbia University message from News Editor Natasha Yee: If you value independent journalism, please consider making a contribution to support our continued coverage of essential stories and to investigate issues that matter. Slim Down & Feel Young Again Without Expensive Prescriptions Puravive Remove Bad Breath and Improve Oral Health ProvaDent No Dentures Needed! New Formula Repairs Teeth & Gums ProDentim SALE? Post & get featured here! $34 $100 Use of this website constitutes acceptance of our terms of use, our cookies policy, and our privacy policy. View our accessibility policy and policy. The Miami New Times may earn a portion of sales from products & services purchased through links on our site from our affiliate partners. \u00a92025 Miami New Times, LLC. All rights reserved. Do Not Sell or Share My Information", "8734_103.pdf": "University of Miami Rape Investigator Fired for Misconduct With Students Allegedly made sexual advances on female students. Published Jan. 29 2018 5:56PM 2/22/25, 6:11 University of Miami Rape Investigator Fired for Misconduct With Students 1/6 University of Miami employee who was tasked with investigating sexual-assault allegations from 2008 to 2016 was fired for making advances on female students, the Miami New Times reported Monday. Associate Dean of Students William \u201cTony\u201d Lake was fired in 2016, after a complaint from a female student who told school officials Lake hit on her, including \u201cexpress[ing] personal feelings toward her.\u201d The student asked that Lake stop participating in the extracurricular activities where Lake allegedly made advances on her. The school\u2019s investigation found that Lake had also had \u201cunprofessional discussions regarding other female students.\u201d He was fired for breaking three school rules related to the incident, including \u201cimmoral or indecent\u201d at work. Read it at Miami New Times Joe Skipper/Reuters 2/22/25, 6:11 University of Miami Rape Investigator Fired for Misconduct With Students 2/6 Can\u2019t get enough of the Beast? Unlock unrestricted access to our reporting with a paid subscription. 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See The Options Degrees \| Search Ads Discover the Magic of Mexico with Our Vacation Deals Mexico Vacation Pakistan: The Cost Of Solar Panels May Surprise You(See Prices) Search Ads [Pics] World\u2019s First Surviving Septuplets \u2013 Look At Them 20 Years Later Journalistate [Story] Blind husband regains his sight, but doesn't tell his wife and he realizes he's bee\u2026 Novelodge 2/22/25, 6:11 University of Miami Rape Investigator Fired for Misconduct With Students 4/6 2/22/25, 6:11 University of Miami Rape Investigator Fired for Misconduct With Students 5/6 \u00a9 2025 The Daily Beast Company 2/22/25, 6:11 University of Miami Rape Investigator Fired for Misconduct With Students 6/6", "8734_104.pdf": "From Casetext: Smarter Legal Research Jane Doe v. Univ. of Miami United States District Court, S.D. Florida. Mar 5, 2020 446 F. Supp. 3d 1000 (S.D. Fla. 2020) Copy Citation Download Check Treatment Delegate legal research to CoCounsel, your new legal assistant. Try CoCounsel free Case No. 17-23408 2020-03-05 Jane DOE, Plaintiff, v MIAMI, Defendant Brittany Nicole Henderson, Bradley James Edwards, Edwards Pottinger LLC, Fort Lauderdale, FL, for Plaintiff. Eric David Isicoff, Teresa Ragatz, Christopher Michael Yannuzzi, Isicoff Ragatz, Miami, FL, for Defendant. 1002 1002 Sign In Search all cases and statutes... Opinion Summaries Case details 2/22/25, 6:11 Jane Doe v. Univ. of Miami, 446 F. Supp. 3d 1000 \| Casetext Search + Citator 1/16 Brittany Nicole Henderson, Bradley James Edwards, Edwards Pottinger LLC, Fort Lauderdale, FL, for Plaintiff. Eric David Isicoff, Teresa Ragatz, Christopher Michael Yannuzzi, Isicoff Ragatz, Miami, FL, for Defendant comes before the Court on Plaintiff Jane Doe's Motion for Partial Summary Judgment No. 71] and Defendant's Motion for Final Summary Judgment No. 75] (the \"Motions\"). The Court has reviewed the Motions and the record and is otherwise fully advised. For the reasons that follow, Doe's Motion is denied and Defendant's Motion is granted 1 1 The facts relevant to the Motions are undisputed unless otherwise indicated and are taken from the following statements of facts along with their accompanying exhibits: (1) Defendant's Statement of Undisputed Material Facts No. 76 (\"Def.'s SUMF\") ]; (2) Plaintiff's Counter Statement of Facts in Support of Plaintiff's Memorandum in Opposition to Defendant's Statement of Undisputed Material Facts in Support of its Motion for Final Summary Judgment No. 80 (\"Pl.'s CSMF\") ]; and (3) Defendant's Reply in Support of Motion for Final Summary Judgment No. 88 (\"Def.'s RSMF\") ]. A. Events Giving Rise to the Action Plaintiff Jane Doe and R.K. met as undergraduate students at the University of Miami (\"Defendant\" or \"University\") during the fall of 2012, and began dating the following spring. [Def.'s SUMF, \u00b6 3]. On August 21, 2013, Doe invited R.K. and some of her friends to her off-campus apartment for a small party. [Id. , \u00b6 9]. During the party, while Doe and R.K. were alone in Doe's bedroom, R.K. sexually assaulted Doe. [Id. , \u00b6 11]. Doe left the bedroom, told her friends what happened, and later fell asleep in the living room. [Id. ]. After everyone left Doe's apartment 1003 the next morning, Doe went to R.K.'s on-campus dorm room and broke up with him. [Id. , \u00b6 12]. On September 1, 2013, R.K. went to Doe's apartment uninvited, acting 2 1003 2/22/25, 6:11 Jane Doe v. Univ. of Miami, 446 F. Supp. 3d 1000 \| Casetext Search + Citator 2/16 \"obnoxious\" and \"aggressive\" and \"banging on walls\" (\"September 1 incident\"). [Id. , \u00b6 15]. On September 11, 2013, Doe met with Oscar M. Vazquez, Jr. (\"Mr. Vazquez\") (R.K.'s resident hall supervisor) and reported the September 1 incident and her concerns that R.K. may harm himself. [Id. , \u00b6 17]. 2 The Court refers to Doe's assailant as \"R.K.\" Doe again encountered R.K. at a fraternity party on September 13, 2013 (\"Fraternity Party\"). [Id. , \u00b6 19]. At the party, R.K. pushed Doe, causing her to stumble and to brace herself against the table. [Id. ]. Fraternity brothers had to physically subdue R.K. to remove him from the party. [Pl.'s CSMF, \u00b6 19]. The next day, Doe told Mr. Vazquez about R.K.'s behavior at the Fraternity Party. [Def.'s SUMF, \u00b6 20]. Mr. Vazquez immediately relayed the information to his supervisor, Ivan Ceballos, who then shared Doe's concerns with Associate Dean of Students, William Anthony Lake (\"Dean Lake\"). [Id. ]. That same day, Mr. Vazquez told R.K. over the phone and over email that R.K. was prohibited from having any contact with Doe \"under any circumstances\" (\"No Contact Order\" or \"NCO\" ). [Id. ]. 3 3 Though Plaintiff characterizes Mr. Vazquez's direction to R.K. as an \"informal verbal instruction No. 71 at 9] and as an \"informal No- Contact Order\" [Id. at 16], the Court refers to the directive as a \"No Contact Order\" based on Doe's assertion in her deposition that she was aware Defendant had issued an to R.K. to stay away from her. See No. 76-1 at 148]. B. Defendant's Response 1. Title Investigation On September 16, 2013, Doe met with Dean Lake and Assistant Dean of Students Nicole Abramson (\"Dean Abramson\") to report R.K.'s assault, the September 1 incident, and the Fraternity Party. [Id. , \u00b6 21 & Pl.'s CSMF, \u00b6 21]. Dean Lake told Doe that he would begin an investigation into her claims and that an had been issued to R.K, which instructed him not to contact her. [Def.'s SUMF, \u00b6 21]. That same day, Dean Lake opened a Title investigation and emailed the following officials to inform them of the new case and of Doe's allegations: (1) Dean of Students, Ricardo Hall, 2/22/25, 6:11 Jane Doe v. Univ. of Miami, 446 F. Supp. 3d 1000 \| Casetext Search + Citator 3/16 Defendant's official responsible for mitigation and sanctioning (\"Dean Hall\"), and (2) Vice President of Student Affairs, Patricia Whitley, Defendant's designated Title appellate officer (\"Dr. Whitley\"). [Pl.'s CSMF, \u00b6 21]. Three days later, Dean Hall met with R.K. to discuss Doe's allegations. [Def.'s SUMF, \u00b6 25]. Dean Hall found that suspending R.K. was not appropriate at that time and reiterated to R.K. that he was prohibited from having any contact with Doe. [Id. ]. Dean Lake conducted his investigation over the next couple of months; he interviewed Doe several times, as well as R.K., and Doe's two friends who were present the night of the assault, and he collected witness testimonies and evidence of communication between Doe and R.K. [Id. , \u00b6\u00b6 26, 28]. Doe and R.K. sometimes failed to promptly respond to Dean Lake's requests for documents, and Dean Lake was still receiving documents as late as early December. [Id. , \u00b6\u00b6 28, 36]. On December 4, 2013, Doe told Deans Lake and Abramson that although she and R.K. had \"very rarely crossed paths\" over the semester, she had started to see him more often after Thanksgiving break. [Id. , \u00b6 31]. Four days later, Doe again emailed the Deans to tell them that R.K. had been asking their mutual friends about whether Doe was attending an upcoming party. [Id. , \u00b6 32]. Dean Hall immediately met 1004 with R.K. to investigate Doe's concerns and again restated to R.K. that he was prohibited from having any contact with Doe. [Id. , \u00b6 33]. Soon after Dean Hall's meeting with R.K., Dean Lake also met with R.K., determined that he had not been following Doe, and emailed those findings to Doe. [Id. ]. 1004 2. R.K.'s Disciplinary Hearing and Sanctions On November 26, 2013, the University advised Doe that R.K.s Major Disciplinary Hearing (the \"Hearing\") would be held on December 10, 2013. [Id. , \u00b6 30]. Defendant charged R.K. with five violations of the University's Student Code of Conduct based on his sexual assault of Doe, the September 1 incident, and the Fraternity Party. [Id. , \u00b6 34]. R.K. pled \"Not Responsible\" to two charges: (1) Relationship and/or Intimate Partner Violence and (2) Sexual Assault and/or Battery. [Id. ]. In the days leading up the Hearing, Doe and Dean Lake exchanged several emails about the Hearing procedure and 2/22/25, 6:11 Jane Doe v. Univ. of Miami, 446 F. Supp. 3d 1000 \| Casetext Search + Citator 4/16 about documents for the Hearing. [Id. , \u00b6 35]. The day before the Hearing, Doe sent Dean Lake, for the first time, screenshots of some Facebook messages between her and R.K. [Id. ]. At the Hearing, Doe, R.K., and Doe's two friends testified, and Dean Lake presented his findings. [Id. , \u00b6 37]. The University panel found R.K. \"Responsible\" for both charges. [Id. , \u00b6 37]. On December 12, 2013, Dean Lake advised Doe that if she started seeing R.K. more frequently, she should let him know and he would address it immediately. [Id. , \u00b6 38]. On December 13, 2013, Dean Hall met with Doe about R.K.'s potential sanctions, and Doe requested that R.K. be expelled from the University. [Id. , \u00b6 39]. Three days later, Dean Hall informed Doe that the University had expelled R.K. with no right to future readmission. [Id. , \u00b6 40]. The next day, local law enforcement arrested R.K. on campus. [Pl.'s CSMF, \u00b6 41]. The day after R.K.'s arrest, Defendant issued a trespass warning against R.K. [Def.'s SUMF, \u00b6 41]. In April 2014, Dr. Whitley denied R.K.'s sanctions appeal, upheld his expulsion, and informed Doe of the same. [Id. , \u00b6 51]. 3. Doe's Accommodations After Doe reported R.K.'s behavior on September 16, 2013, Doe separately met with Dean Abramson and told her that she was feeling overwhelmed with classes and was concerned about her grades. [Id. , \u00b6 22.]. Two days later, Dean Abramson emailed Doe's professors to advise that Doe was \"managing a very difficult personal/legal matter which [wa]s impacting her ability to focus and ha[d] also impacted her attendance\" and that Doe would be \"following up with each of [them] directly\" to discuss potential make-up work. [Id. ]. Throughout the fall of 2013, Dean Abramson spoke with Doe multiple times about her options related to coursework and grades and recommended that Doe seek counseling. [Id. , \u00b6\u00b6 23, 24]. When Doe asked Dean Abramson about the process for taking \"Incompletes,\" Dean Abramson explained the process, encouraged Doe to speak directly to her professors, and immediately emailed Doe's professors to tell them that Doe \"continued to struggle\" and that she may be in contact about taking \"Incompletes.\" [Id. , \u00b6\u00b6 45, 46]. 2/22/25, 6:11 Jane Doe v. Univ. of Miami, 446 F. Supp. 3d 1000 \| Casetext Search + Citator 5/16 When Doe returned to the University during the fall of 2014 after a medical leave of absence, she emailed her Fall 2013 professors to make up coursework and exams. [Id. , \u00b6 56]. Doe was permitted to complete her Fall 2013 coursework until as late as May 2017, two years after she graduated on time in May 2015. [Id. , \u00b6 57]. Upon completion of her coursework, Doe's \"Incompletes\" were changed to letter grades. [Id. , \u00b6 56]. Doe never requested disability accommodations through the University's Office of Disability Services 1005 (\"ODS\"), notwithstanding knowing that Defendant's published procedures required anyone seeking disability accommodations to do so. [Id. , \u00b6 58]. Defendant disputes Doe's claims that Dean Abramson told Doe that she was unable to get disability accommodations because \"being raped did not entitle her to any kind of special accommodation.\" [Pl.'s \u00b6 23 & Def.'s \u00b6 23]. 1005 C. Procedural History On September 15, 2017, Plaintiff brought this Title action, alleging three counts against Defendant: (1) discrimination in violation of Title IX, 20 U.S.C. \u00a7 1681(a) (\"Title IX\"); (2) retaliation in violation of Title IX; and (3) violation of \u00a7 504 of the Rehabilitation Act, 29 U.S.C. \u00a7 701 (the \"Rehabilitation Act No. 1]. Specifically, Plaintiff alleges that the University was deliberately indifferent to her reports of sexual assault and harassment, retaliated against her for such reports, and failed to provide her reasonable disability accommodations. On March 12, 2018, the Court granted Defendant's First Motion to Dismiss No. 9], and Doe filed an Amended Complaint on March 20, 2018 No. 30]. On April 3, 2018, Defendant filed its Second Motion to Dismiss, which the Court denied on December 4, 2018 No. 46]. On November 21, 2019, Doe filed her Motion for Partial Summary Judgment, seeking summary judgment on Count 1 based on Defendant's alleged discrimination in violation of Title No. 71]. On December 2, 2019, Defendant filed its Motion for Final Summary Judgment, seeking summary judgment as to all counts No. 75]. The Motions are ripe for review 2/22/25, 6:11 Jane Doe v. Univ. of Miami, 446 F. Supp. 3d 1000 \| Casetext Search + Citator 6/16 Summary judgment, pursuant to Federal Rule of Civil Procedure 56(a), \"is appropriate only if the movant shows that there is no genuine issue as to any material fact and the movant is entitled to judgment as a matter of law.\" Tolan v. Cotton , 572 U.S. 650, 134 S. Ct. 1861, 1866, 188 L.Ed.2d 895 (2014) (per curiam) (quoting Fed. R. Civ. P. 56(a) ) (internal quotation marks omitted). \"By its very terms, this standard provides that the mere existence of some alleged factual dispute between the parties will not defeat an otherwise properly supported motion for summary judgment; the requirement is that there be no genuine issue of material fact.\" Anderson v. Liberty Lobby, Inc. , 477 U.S. 242, 247\u201348, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986) (emphasis in original). An issue is \"genuine\" when a reasonable trier of fact, viewing all of the record evidence, could rationally find in favor of the nonmoving party in light of his burden of proof. Harrison v. Culliver , 746 F.3d 1288, 1298 (11th Cir. 2014) (citation omitted fact is \"material\" if, \"under the applicable substantive law, it might affect the outcome of the case.\" Hickson Corp. v. N. Crossarm Co. , 357 F.3d 1256, 1259 (11th Cir. 2004) (citation omitted). \"Where the material facts are undisputed and all that remains are questions of law, summary judgment may be granted.\" Eternal Word Television Network, Inc. v. Sec'y of U.S. Dep't of Health & Human Servs. , 818 F.3d 1122, 1138 (11th Cir. 2016), vacated on other grounds, Eternal Word Television Network, Inc. v. Sec'y of U.S. Dep't of Health & Human Servs. , 2016 11503064, at 1 (11th Cir. May 31, 2016). The Court must construe the evidence in the light most favorable to the nonmoving party and draw all reasonable inferences in that party's favor v. Monterosso , 756 F.3d 1326, 1333 (11th Cir. 2014). However, to prevail on a motion for summary judgment, \"the nonmoving party must offer more than a mere scintilla of evidence for its position; indeed, the nonmoving party must make a showing sufficient to permit the jury to reasonably find on its behalf.\" 1006 Urquilla-Diaz v. Kaplan Univ. , 780 F.3d 1039, 1050 (11th Cir. 2015). Furthermore, conclusory allegations will not create an issue of fact for trial sufficient to defeat a well-supported summary judgment motion. Earley v. Champion Intern. Corp. , 907 F.2d 1077, 1081 (11th Cir. 1990) (citation omitted). 1006 2/22/25, 6:11 Jane Doe v. Univ. of Miami, 446 F. Supp. 3d 1000 \| Casetext Search + Citator 7/16 A. Doe's Title Claims Title provides, with certain exceptions not at issue here, that \"[n]o person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance[.]\" 20 U.S.C. \u00a7 1681(a). The statute allows federal agencies to enforce their requirements through \"any ... means authorized by law,\" including through the termination of federal funding. Gebser v. Lago Vista Indep. Sch. Dist. , 524 U.S. 274, 280\u201381, 118 S.Ct. 1989, 141 L.Ed.2d 277 (1998) (citing \u00a7 1682). \"Title is also enforceable through an implied private right of action\" where plaintiffs may obtain monetary damages. Gebser , 524 U.S. at 281, 118 S.Ct. 1989 (citation omitted). 1. Title Discrimination Claim Sexual harassment constitutes discrimination under Title IX, and, \"in certain narrow circumstances, a plaintiff may be able to recover for student- on-student harassment.\" Williams v. Bd. of Regents of Univ. Sys. of Georgia , 477 F.3d 1282, 1293 (11th Cir. 2007) (citation omitted). Plaintiffs seeking recovery for such violations must prove four elements: \"(1) the defendant is a Title funding recipient; (2) an appropriate person had actual knowledge of the discrimination or harassment the plaintiff alleges occurred; (3) the funding recipient acted with deliberate indifference to known acts of harassment in its programs or activities; and (4) the discrimination is so severe, pervasive, and objectively offensive that it effectively bars the victim's access to an educational opportunity or benefit.\" Doe v. Bibb Cty. Sch. Dist. , 688 F. App'x 791, 795 (11th Cir. 2017) (citation and internal quotations omitted). Here, Defendant argues that Doe's Title discrimination claim fails as a matter of law because Doe cannot establish the third and fourth elements of her claim. As the Court finds that a reasonable jury could not find that Defendant acted with deliberate indifference to known acts of harassment, it does not address the fourth element. To survive Defendant's summary judgment motion, Doe must present evidence from which a reasonable jury could conclude that Defendant was 2/22/25, 6:11 Jane Doe v. Univ. of Miami, 446 F. Supp. 3d 1000 \| Casetext Search + Citator 8/16 deliberately indifferent to known acts of harassment. Id funding recipient is deliberately indifferent only when its \"response to the harassment or lack thereof is clearly unreasonable in light of the known circumstances.\" Kocsis v. Fla. State Univ. Bd. of Trustees , 788 F. App'x 680, 684 (11th Cir. 2019) (citing Davis ex rel. LaShonda D. v. Monroe Cty. Bd. of Educ. , 526 U.S. 629, 648, 119 S.Ct. 1661, 143 L.Ed.2d 839 (1999) ). Courts may determine on summary judgment that a response was not \"clearly unreasonable\" as a matter of law. Davis , 526 U.S. at 649, 119 S.Ct. 1661. Officials will only be deemed deliberately indifferent if their response amounted to an \"official decision by the [funding] recipient not to remedy the violation.\" Doe v. Sch. Bd. of Broward Cty., Fla. , 604 F.3d 1248, 1259 (11th Cir. 2010) (citing Gebser , 524 U.S. at 290, 118 S.Ct. 1989 ). Furthermore, the Title recipient's deliberate indifference must have \"subject[ed] its students to harassment. That is, the deliberate indifference must, at a minimum, cause students to undergo harassment or make them liable or vulnerable to it.\" 1007 Williams , 477 F.3d at 1295\u201396 (citing Davis , 526 U.S. at 644\u201345, 119 S.Ct. 1661 ) (internal quotations omitted). 1007 \"The deliberate indifference standard is rigorous and hard to meet.\" Hill v. Cundiff , 797 F.3d 948, 973 (11th Cir. 2015). The Supreme Court has made clear that \"courts should refrain from second-guessing the disciplinary decisions made by school administrators.\" Davis , 526 U.S. at 648, 119 S.Ct. 1661 (citation omitted). Officials need not adopt a victim's \"particular remedial demands\" to avoid liability. Id. And the mere \"failure to comply with [federal] regulations ... does not establish the requisite actual notice and deliberate indifference.\" Gebser , 524 U.S. at 291\u201392, 118 S.Ct. 1989 ; see e.g. , Stinson as next friend of K.R. v. Montgomery Cty. Bd. of Educ. , 365 F. Supp. 3d 1233, 1241 (M.D. Ala. 2019) (school board's lack of Title policy and violations of its own harassment policy was not deliberately indifferent); Karasek v. Regents of Univ. of California , No. 3:15-CV-03717-WHO, 2018 1763289, at 11 (N.D. Cal. Apr. 12, 2018), aff'd sub nom. Karasek v. Regents of the Univ. of California , 948 F.3d 1150 (9th Cir. 2020) (\"[Department of Education] guidance documents expressly state that they do not address the standard for a private right of action under Title IX.\"). \"[T]he relevant inquiry is not whether the measures taken were effective in stopping discrimination, but whether the [school's] actions amounted to deliberate 2/22/25, 6:11 Jane Doe v. Univ. of Miami, 446 F. Supp. 3d 1000 \| Casetext Search + Citator 9/16 indifference.\" Sauls v. Pierce Cty. Sch. Dist. , 399 F.3d 1279, 1285 (11th Cir. 2005) (citation omitted). Courts must consider all relevant events and circumstances when determining whether a funding recipient acted with deliberate indifference. See Hill , 797 F.3d at 975. Though Defendant's responses to Doe's reports of sexual assault and harassment may have been imperfect, the Court finds that they did not amount to deliberate indifference. In Saphir by & through Saphir v. Broward Cty. Pub. Sch. , the Eleventh Circuit held that corrective measures, like those taken by Defendant here, were not deliberately indifferent. 744 F. App'x 634, 638\u201339 (11th Cir. 2018). There, the school principal began an informal investigation within two days of actual notice of the alleged teacher-on- student harassment. Id. at 639. As part of his investigation, the principal (1) discussed the matter with the student's legal guardian, (2) interviewed and took statements from witnesses and the accused teacher, and (3) discussed the allegations and the appropriate response with three other administrators. Id. The principal also directed the accused teacher to stay away from the student, and the teacher complied. Id. When the student's parents later informed the school that the student had started missing classes because of the incident, the school \"immediately took reasonable action.\" Id. So too here. The parties agree that Defendant's Title duties were triggered on September 14, 2013, when Dean Lake was informed that Doe had reported R.K.'s physical aggression towards her at the Fraternity Party. That same day, Defendant took corrective action by issuing R.K. the over the phone and in a follow-up email, which clearly prohibited R.K. from having any contact with Doe under any circumstances. When Doe later met with Deans Lake and Abramson to report R.K.'s assault and harassment, Dean Lake immediately opened a Title case and emailed Dean Hall and Dr. Whitley that same day to notify them of the new case and Doe's allegations. Dean Lake then conducted a three-months long formal investigation, which included interviewing R.K. and Doe's two friends who attended the party where the assault occurred, meeting with Doe several times, and reviewing evidence including witness testimonies 1008 and messages between R.K. and Doe. Dean Lake presented his findings at the Hearing where R.K. was found \"Responsible\" on all charges. Six days after 1008 2/22/25, 6:11 Jane Doe v. Univ. of Miami, 446 F. Supp. 3d 1000 \| Casetext Search + Citator 10/16 the Hearing, Dean Hall expelled R.K. from the University with no right to future readmission. Still, Doe argues that Defendant's actions and inactions cumulatively constitute a pattern of deliberate indifference. The Court disagrees and addresses Doe's specific arguments in turn. First, Doe claims that Dean Lake's investigation was unjustifiably delayed, taking longer than the 60 days recommended by the Department of Education (\"DOE\"). Defendant counters that the investigation took as long as was necessary and that any delay was caused by Doe and R.K.'s failure to promptly provide Dean Lake documents reasonable jury could not find Dean Lake's investigation \"clearly unreasonable in light of the known circumstances.\" Kocsis , 788 F. App'x at 684 (citation omitted) (finding \"months-long investigation, which involved interviewing student and faculty, reviewing audio recordings from [the accused harrasser's] classes, and reviewing email evidence\" not clearly unreasonable). Furthermore, that Dean Lake's investigation lasted longer than the DOE's suggested 60 days does not alone constitute deliberate indifference. See Gebser , 524 U.S. at 291\u201392, 118 S.Ct. 1989 (finding that school's failure to comply with regulations requiring funding recipients to \"adopt and publish grievance procedures\" did not establish the requisite deliberate indifference). Doe further contends that Defendant's failure to institute particular measures\u2013\u2013such as failing to (1) immediately suspend R.K., (2) issue a more \"formal between Doe and R.K., or (3) immediately issue sanctions against R.K. after finding him \"Responsible\"\u2013\u2013amounts to deliberate indifference. But the Supreme Court has rejected the idea that schools must immediately suspend or expel students accused of sexual harassment and has made clear that victims of peer harassment do not have a Title right to make \"particular remedial demands.\" Davis , 526 U.S. at 648, 119 S.Ct. 1661. Furthermore, Defendant's written and in-person instructions to R.K. to stay away from Doe were not clearly unreasonable merely because Doe preferred Defendant to take more \"formal\" measures, especially where Doe fails to explain how these measures lacked formality. See e.g. , Saphir , 744 F. App'x at 639 (considering defendant's direction to assailant to stay away from victim in finding no deliberate indifference). To Doe's third point, Dean Hall expelled R.K. just six days after the Hearing and just three days after meeting with Doe to discuss R.K.'s potential sanctions. The Court 4 2/22/25, 6:11 Jane Doe v. Univ. of Miami, 446 F. Supp. 3d 1000 \| Casetext Search + Citator 11/16 heeds the Supreme Court's mandate to \"refrain from second-guessing\" school's disciplinary decisions. Davis , 526 U.S. at 648, 119 S.Ct. 1661 (citation omitted). 4 In her Response to Defendant's Motion, Doe claims that Defendant's \"informal demonstrated Defendant's deliberate indifference because such action deviated from industry and Defendant's own standards, but Doe fails to cite any record evidence in support No. 81 at 9, n.4]. Doe does, however, cite such record evidence in her Motion No. 71 at 1]. But the exhibit on which Doe relies does not help her; it merely states that schools \"may prohibit the alleged perpetrator from having any contact with the complainant pending the results of the school's investigation.\" Id. at 16. Defendant did just that. Doe next argues that Defendant was deliberately indifferent because University officials disregarded Doe's reports of R.K. stalking her over some indeterminate amount of time after Thanksgiving 2013. But the was in place at that time, and \"the relevant inquiry is not whether the measures taken were effective in stopping 1009 discrimination, but whether the [school's] actions amounted to deliberate indifference.\" Sauls , 399 F.3d at 1285 (citation omitted). After Doe told Deans Lake and Abramson that she had been seeing R.K. more often after Thanksgiving, Dean Lake took immediate remedial measures by meeting with R.K., determining that R.K. had not violated the NCO, reiterating to R.K. the terms of the NCO, and relaying the meeting details to Doe. Such a response cannot be deemed deliberately indifferent under Title IX's \"rigorous and hard to meet\" standard. Hill , 797 F.3d at 973. 1009 Finally, Doe claims that Dean Abramson's actively discouraging her from pursuing formal disability accommodations through Defendant's was clearly unreasonable. Taking this disputed fact as true, a reasonable jury still could not find that it alone amounts to an \"official decision by [Defendant] not to remedy the violation[,]\" Doe , 604 F.3d at 1259 (citation omitted), in light of Defendant's remedial actions discussed supra . 2. Title Retaliation Claim To establish a prima facie case of retaliation under Title IX, Doe must prove that \"(1) she engaged in statutorily protected expression; (2) that she 2/22/25, 6:11 Jane Doe v. Univ. of Miami, 446 F. Supp. 3d 1000 \| Casetext Search + Citator 12/16 suffered an adverse action; and (3) that there is some causal relation between the two events.\" Kocsis , 788 F. App'x at 686 (citation omitted). \"The retaliatory action must be materially adverse, meaning that it would have dissuaded a reasonable individual from making or supporting a charge of discrimination.\" Id. (citation and internal quotations omitted). The causal link element requires Doe to prove that Defendant \"was aware of the protected expression and took materially adverse action as a result.\" Id. (citation omitted). This means that Defendant's \"desire to retaliate was the but-for cause\" of the alleged adverse action that it took against Doe. Id. (citing Univ. of Tex. Sw. Med. Ctr. v. Nassar , 570 U.S. 338, 352, 133 S.Ct. 2517, 186 L.Ed.2d 503 (2013) ). Pulling from her discrimination claim, Doe contends that Defendant violated Title by retaliating against her sexual assault and harassment reporting through (1) failing to enforce its against R.K., (2) informing Doe that she was ineligible for disability accommodations, (3) inadequately facilitating Doe's requests for academic accommodations with her professors, and (4) delaying its Title investigation into Doe's claims. Because Doe cannot establish that she suffered any materially adverse action, her retaliation claim fails as a matter of law. Notably absent from Doe's Motion is any argument for how the following actions are \"materially adverse[.]\" Kocsis , 788 F. App'x at 686 (citation omitted reasonable jury could not find that Defendant failed to enforce its against R.K. when the record is clear that Defendant investigated Doe's claims and found that R.K. never violated the NCO. And even taking as true Doe's disputed claim that Dean Abramson told Doe that she was ineligible for disability accommodations, Doe cannot defeat summary judgment by relying on the conclusory allegation that this was done because of Doe's reporting. See e.g. , id. at 688 (affirming district court's grant of summary judgment in favor of defendant on plaintiff's retaliation claim where plaintiff \"offered no evidence that she was denied an appeal based on her protected expression\") (emphasis added). Furthermore, there is no evidence that Defendant inadequately facilitated Doe's academic accommodations. To the contrary, the record is replete with evidence that Dean Abramson spoke with Doe several times about her academic options and contacted Doe's professors on 1010 multiple occasions. Finally, under 1010 5 2/22/25, 6:11 Jane Doe v. Univ. of Miami, 446 F. Supp. 3d 1000 \| Casetext Search + Citator 13/16 these circumstances, Defendant's three-months-long investigation does not constitute an actionable delay. Accordingly, summary judgment shall be granted in favor of Defendant as to Doe's Title retaliation claim. 5 Though Doe claims that she \"expressed reservations about the difficulty of having to speak directly with each of her professors No. 80, \u00b6 22], the deposition testimony to which she cites does not demonstrate that she ever relayed those concerns to Dean Abramson. Doe followed-up with her professors directly to discuss opportunities to make up missed work. [Doe Dep., 244:22\u2013245:4]. B. Doe's Rehabilitation Act Claim 6 6 As Rehabilitation Act discrimination claims are governed by the same standards used in Americans with Disabilities Act actions, the Court discusses cases related to both Acts. See Cash v. Smith , 231 F.3d 1301, 1305 (11th Cir. 2000). Under the Rehabilitation Act, \"[n]o otherwise qualified individual with a disability in the United States ... shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance ....\" J.A.M. v. Nova Se. Univ., Inc. , 646 F. App'x 921, 926 (11th Cir. 2016) (citing 29 U.S.C. \u00a7 794(a) ) (emphasis omitted). Discrimination under the Rehabilitation Act requires that a plaintiff prove that she \"(1) is disabled, (2) is a qualified individual, and (3) was subjected to unlawful discrimination because of h[er] disability.\" J.A.M. , 646 F. App'x at 926. When a plaintiff alleges that a defendant violated the Rehabilitation Act by failing to provide her with reasonable accommodations, she must satisfy the Rehabilitation Act's third element by proving that she was \"discriminated against by way of the defendant's failure to provide a reasonable accommodation.\" McKane v Fin. Servs., Inc. , 363 F. App'x 679, 681 (11th Cir. 2010). \"A[ student] with a disability is not entitled to the accommodation of h[er] choice, but only to a reasonable accommodation.\" Id. The duty to provide a reasonable accommodation arises when \"a specific demand for an accommodation has been made.\" Alvarez v. Sch. Bd. of Broward Cty. , 208 F. Supp. 3d 1281, 1287 (S.D. Fla. 2016) (citing Gaston v. Bellingrath Gardens & 2/22/25, 6:11 Jane Doe v. Univ. of Miami, 446 F. Supp. 3d 1000 \| Casetext Search + Citator 14/16 Home, Inc. , 167 F.3d 1361, 1363 (11th Cir. 1999) ). When such a demand is made, \"a school's decision about accommodations will be upheld unless it is plainly not based on professional judgment.\" Forbes v. St. Thomas Univ., Inc. , 768 F. Supp. 2d 1222, 1231 (S.D. Fla. 2010). Defendant did not refuse to accommodate Doe's needs in a way that amounted to disability discrimination under the Rehabilitation Act. The record does not demonstrate that Doe ever made \"a specific demand for an accommodation\" so to trigger Defendant's Rehabilitation Act duties. Alvarez , 208 F. Supp. 3d at 1287 (citation omitted). Liberally construing Doe's one- paragraph response to Defendant's Motion related to the Rehabilitation Act, Doe argues that Defendant discriminated against her by telling Doe (1) that she must directly request accommodations from professors and (2) that she did not qualify for disability accommodations with Defendant's ODS. These are not specific demands. Even so, a reasonable jury could not find that Defendant's accommodations were unreasonable when Defendant gave Doe several opportunities to complete her coursework and to improve her grades up until as late as May 2017 (two years after her on-time graduation) and recommended that Doe seek therapy. See J.A.M. , 646 F. App'x at 927 (affirming district court's dismissal of 1011 plaintiff's Rehabilitation Act claim where university defendant \"allowed [plaintiff] to take two medical leaves of absence, retake examinations, and even referred him to professionals for treatment\"). Accordingly, Doe's Rehabilitation Act claim fails as a matter of law. 1011 Based on the foregoing, it is that: 1. Plaintiff's Motion for Partial Summary Judgment No. 71] shall be ; 2. Defendant's Motion for Final Summary Judgment No. 75] shall be ; 3. All pending motions shall be denied as moot ; 2/22/25, 6:11 Jane Doe v. Univ. of Miami, 446 F. Supp. 3d 1000 \| Casetext Search + Citator 15/16 4. This case shall be administratively ; and 5. Pursuant to Federal Rule of Civil Procedure 58, final judgment shall be entered separately in Chambers at Miami, Florida, this 5th day of March, 2020. About us Jobs News Twitter Facebook LinkedIn Instagram Help articles Customer support Contact sales Cookie Settings Do Not Sell or Share My Personal Information/Limit the Use of My Sensitive Personal Information Privacy Terms \u00a9 2024 Casetext Inc. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 2/22/25, 6:11 Jane Doe v. Univ. of Miami, 446 F. Supp. 3d 1000 \| Casetext Search + Citator 16/16", "8734_105.pdf": "Breaking News Australia Video University Guide Deep Dive China Debate Meghan Markle Prince Harry King Charles Weather Login Home News Royals U.S. Sport Showbiz Femail Health Science Money Travel Podcasts Shopping shares 63 University of Miami sued after former dean 'told a rape victim to try to avoid her attacker and urged her to feel bad for him because he had no friends University of Miami graduate is suing the school for Title violations She alleges that she was raped in August 2013 and was stalked and harassed by her rapist until he was expelled in December 2013 Further alleges that school's former dean, 'Tony' Lake, told her to simply 'avoid' her attacker and also tried to convince her that she had not been raped Lawsuit reads: '[Lake] told Plaintiff that she should \"feel bad\" for Assailant because he did not have many friends' By PUBLISHED: 00:42 GMT, 25 September 2017 \| UPDATED: 00:56 GMT, 25 September 2017 former University of Miami student is suing the school for violating Title IX, which governs instances of sexual assault and gender discrimination. The student, identified in the lawsuit as Jane Doe, alleges that the former dean of students, William A. 'Tony' Lake, told her to simply 'avoid' her alleged rapist and that she should 'feel bad' for him because he had few friends, reports the Miami New Times. The lawsuit filed September 15 alleges that the woman was raped on August 23, 2013 and that she was stalked and harassed by her rapist at least 10 times before he was expelled from the school in December of that year. The alleged rapist, who was a resident adviser for a campus dormitory, allegedly yelled at her at a fraternity party in September 2013. 9 View comments Site Web Enter your search Our family was on Escape To The Country - the enforced a secret ban behind the scenes and we got a Privacy Policy Feedback Saturday, Feb 22nd 2025 5PM 28 8PM 22 5-Day Forecas 2/22/25, 6:11 University of Miami sued over rape case \| Daily Mail Online 1/46 Pictured is former University of Miami dean William A. 'Tony' Lake, who is accused of telling an alleged rape victim to simply 'avoid' her rapist in 2013 The lawsuit details the victim's interactions with Lake throughout the Fall 2013 semester. 'Dean Lake advised Plaintiff to \"avoid those situations\" in which Assailant would come in contact with her,' the suit reads, detailing a September meeting. 'This was nearly impossible without Plaintiff's avoiding all campus facilities and activities, including classes, therapy appointments, the library, the student center, or any other facilities on campus.' +3 View gallery nasty shock when we made an offer REVEALED: Haunting final words of husband suspected of shooting wife dead outside a pub on Valentine's Day before leaping to his death from 170ft bridge How look like this at 54 reveals her \u00a39.99 eyelashes that last all week, dinner secrets... and the supplement that's stopped ageing in its trac... Daisy May Cooper is embroiled in bitter \u00a330,000 row with her landlady after painting Farrow and Ball walls in Cotswolds cottage 'dentist-chair blue Here's how lost 3 in 3 WEEKS. It is more effective than any fat jab and doesn't cost a penny MACINTYRE's extraordinary investigation Looking to boost your gut health? It's all about knowing where to start! What to keep front of mind when supporting your microbiome Zelensky surrenders to Trump and 'will sign mineral deal within hours' Caroline Flack's last broken voice messages that reveal what she Read More 00:00 02:24 2/22/25, 6:11 University of Miami sued over rape case \| Daily Mail Online 2/46 woman is suing the University of Miami, her alma mater, for its handling of her 2013 rape case. She is alleging that the university's response to her case failed to meet Title guidelines Describing a meeting in October: 'Dean Lake suggested to Plaintiff that perhaps Assailant had inserted his fingers and not his penis into Plaintiff's vagina, and that this was not rape.' It continues: 'He told Plaintiff that she should \"feel bad\" for Assailant because he did not have many friends and that Assailant may not have meant to be violent toward her during the September 13, 2013 fraternity party. 'He suggested that Plaintiff withdraw the rape allegations since the Assailant would likely be punished regardless. Instead of investigating Plaintiff's allegations, Dean Lake attempted to sweep them under the rug.' The student also allegedly told Lake of her concern that her alleged rapist was threatening other women as well, a concern that he allegedly ignored. She took her concerns about his alleged stalking to the police, and on December 16, 2013 received an emergency restraining order against him from Miami-Dade County. Six days prior, a university board found the alleged rapist guilty of 'sexual assault and battery, intimate partner/dating violence, underage drinking, physical assault, and +3 View gallery 200 stars kneel or sit during anthem in defiance of... 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Lake also allegedly told the victim that she had not been raped. Pictured is another view of the university While navigating the university's response to her alleged rape, the plaintiff says she suffered trauma and anxiety. Her grades fell and she attempted suicide. University officials allegedly did not communicate with her professors about her struggle. The student graduated from the university in May 2015 with a degree in microbiology and immunology. She is saying that her grade point average fell from a 3.8/4.0 to a 3.5/4.0 due to failing grades she received while dealing with the alleged rapist and the school's response. She is currently pursuing a law degree at the University of Houston. Lake left the university in May 2016. Florida +3 View gallery Embed this Pregnant Fox host gives a baby update after she passed her 'See you in court.' 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Then was sexually assaulted by a celebrity everyone loves. It was the last straw GOFF's most raw con 2/22/25, 6:11 University of Miami sued over rape case \| Daily Mail Online 4/46 Dramatic moment cops chase down alleged teen rapist Zelensky says Ukraine and are drafting key agreement Trump bashes 'radical left lunatic' fighting for trans athletes Brit throws tantrum at Thai airport 'as cocaine falls from pocket' Newest Oldest Best rated Worst rated Comments 8 Share what you think The comments below have been moderated in advance. Pittsburgh Patti, Pittsburgh, United States, 7 years ago What??? Click to rate 101 2 ers410, Boston, United States, 7 years ago That's BS! Poor woman. Why does part of me feel he somehow sympathizes and identifies with the rapist? 'Feel bad for him, he has no friends' Click to rate 156 6 Curlylocks, Northern Virginia, United States, 7 years ago Students should always go to the police, never the university. Any action taken by the university is going to violate someone's civil rights because we are all innocent until proven guilty. Click to rate 184 4 BaggyBritches, SmallTown, United States, 7 years ago Wow, really?? Click to rate 69 5 KellyVanRijn, Arnhem, Netherlands, 7 years ago Commenting on this article has ended Log in Powered by Terms \| Privacy \| Feedback Love is in the air: 10 top brands to help you celebrate your special someone with style, from roses to jewellery Jane Seymour, 74, names five things she does every day to stay young looking (hint: one is taking an elixir Furious Land Rover driver blocks road to dealership for hours after it 'refused to fix his car under warranty' Revealed: The mileage threshold that wipes the most value off your car is making same terrifying mistake that's destroyed every previous advanced civilization, historian warns Are you seeing disquieting images like these on social media? 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As her bitter dispute with Justin Baldoni intensifies, fans - and even A-list pals - seem to be deserting her EastEnders' original Martin Fowler actor makes sly dig as bosses reveal their secret tactics to hide the character's shock death My depression and almost killed me. Then ditched the food everyone says is 'good for you' and followed a radical new diet. Now I'm drug-free and feel sup... Selena Gomez's explosive 'feud' with former friend who is threatening to 'expose' major celebrity 2/22/25, 6:11 University of Miami sued over rape case \| Daily Mail Online 11/46 Tensions escalate as China conducts a firing exercise in the Tasman Sea - and New Zealand Defence Force makes unsettling discovery Villagers evacuated after 65ft-wide sinkhole swallowed their street say it's 'the most excitement we've seen in ages' Mother who aborted her healthy baby after doctors wrongly diagnosed unborn daughter with fatal form of dwarfism reveals her devastation Inside Ineos' stunning plan for Manchester United's future... including a huge squad overhaul, more ticket price drama and a promise of 'no more dumb s***': MIK... Everton vs Manchester United - Premier League: Live score, team news and updates as Toffees look to heap further misery on David Moyes' former employers Yale scientists who risked careers to publish bombshell Covid vaccine study issue message to shot's victims Pictured: Man, 43, charged with repeatedly raping schoolgirl, 14, in late night Southampton park attack It's Always Sunny in Philadelphia star Lynne Marie Stewart dies aged 78 2/22/25, 6:11 University of Miami sued over rape case \| Daily Mail Online 12/46 Traitors winner Leanne Quigley reveals her fianc\u00e9e Sophie Jones' breast cancer battle felt like an 'out of body experience' Katie Price reveals menopause fears as she details new health symptoms amid hopes for baby number six star looks unrecognisable after dramatic three stone weight loss as fans exclaim 'you look like a different person' Pregnant Arabella Chi showcases her blossoming bump as she poses topless in a silky black gown while enjoying lavish holiday Amanda Holden reveals what major secret King Charles told her at The Royal Variety Performance Justin Bieber looks disheveled at Hollywood hot spot amid claims wife Hailey is 'deeply concerned' for him The most celebrity collaborations of all time: From JLS' Durex deal and Paris Hilton's Lidl advert to Cheryl and Ashley Cole lottery promo Amazon's takeover of James Bond franchise branded 'absolutely 2/22/25, 6:11 University of Miami sued over rape case \| Daily Mail Online 13/46 terrible news' amid fears 007 story will be 'diluted' and turned into series Fears for Kanye West grow as he posts image of doomed couple Sid Vicious and Nancy Spungen wearing swastika shirt Kate Hudson reveals classic film she regrets turning down iconic role in: 'That was a bad call Rihanna 'is tipped to headline Glastonbury for the first time ever as she plans huge London residency' Catherine Tyldesley 'is returning to Coronation Street as she finally gives into producers who have been trying to get her back for years' 2/22/25, 6:11 University of Miami sued over rape case \| Daily Mail Online 14/46 Bella Hadid wears bikini top with tiny shorts while riding a horse in new campaign Brand founder reveals how fans are snapping up viral at-home keratin treatment every minutes: 'Smoother and silkier than could have ever imagined Jennifer Lopez splurges on $21M compound as she and ex Ben Affleck struggle to sell their marital mansion Beyonce's Parkwood Entertainment and singer Chloe Bailey sued in $15 million copyright lawsuit by artist who worked with Kanye West Ben Affleck is 'casually dating' as he's legally declared single after Jennifer Lopez divorce Love Island All Stars winners Gabby Allen and Casey O'Gorman pack on the as they enjoy London night out after flying back from South Africa . Tom Hanks and wife Rita Wilson pledge $1M to fire relief after their home narrowly avoided blaze Sydney Sweeney's, 27, wedding to fianc\u00e9 Jonathan Davino, 41, postponed three years after engagement 2/22/25, 6:11 University of Miami sued over rape case \| Daily Mail Online 15/46 Claudia Winkleman becomes emotional during One Question episode as a father- and-daughter duo win the \u00a3100k prize in heartwarming moment Courteney Cox showcases her natural beauty by going makeup-free as she departs Sydney with daughter Coco Harry Potter star Jason Isaacs makes 'terrible confession' about making the magical film series and explains why it 'wasn't fun' on set Romeo Beckham, 22, is the spitting image of his father David, 49, as he poses shirtless for racy magazine photoshoot 'Always used Lanc\u00f4me but this beats it!': Beauty fans say this under-the-radar 'super lengthening and volumising' \u00a318 mascara is as 'good as falsies Guy Pearce claims his L.A. Confidential co- star Kevin Spacey was 'handsy' with him in shock resurfaced interview Tate McRae drops racy music video for Revolving Door in promotion of brand new studio album Jenny Powell bravely shows off her scars 2/22/25, 6:11 University of Miami sued over rape case \| Daily Mail Online 16/46 after tough health battle as she admits was suffering' Meryl Streep's daughter Grace Gummer welcomes second child with husband Mark Ronson Tom Brady rekindles romance with Irina Shayk after ex-wife Gisele Bundchen's baby news Hollywood megastar 'nabs iconic role in James Bond spin-off' after 'creative control' of the 007 film franchise was handed over to Amazon Kate Moss, 51, exudes glamour in black mini dress as she poses alongside lookalike daughter Lila, 22, at Donna Karan event 2/22/25, 6:11 University of Miami sued over rape case \| Daily Mail Online 17/46 Amanda Holden reveals Britain's Got Talent filming had to be stopped as the audience hurled abuse at the judges Liam Payne's friend Roger Nores reveals the only reason he would drop lawsuit against One Direction star's father Geoff - and the singer's last words to him Blake Lively requests more protection after receiving 'violent' messages amid Justin Baldoni legal battle Anais Gallagher exudes elegance in black ball gown with white gloves as she attends Richard Quinn show Piers Morgan 'hounded by Baby Reindeer-style stalker' - as he slams her claims of abuse and harassment as a 'complete fantasy' . Amanda Holden breaks down in tears as she discusses her beloved grandparents and her grief after their deaths: 'You take them for granted' Grammy-winning rock icon, 61, looks unrecognizable on vacation with girlfriend... can you guess who Blake Lively's co-star Jenny Slate allegedly filed complaint while filming It Ends With Us due to uncomfortable interaction 2/22/25, 6:11 University of Miami sued over rape case \| Daily Mail Online 18/46 Britain's Got Talent SPOILER: Judges are shocked as comedian takes to stage completely naked CONFIDENTIAL: Brad Pitt's inspirational chef 'only wants fame', says his ex flame Jo Wood Inside Justin Bieber's heartbreaking decline as friends claim Hailey is 'deeply concerned' for the singer You won't believe what EastEnders' Zoe Slater looks like now! Michelle Ryan, 40, shares makeup-free selfie 20 after quitting soap licia Douvall's new love revealed: Former glamour model goes Instagram public with handsome man reveals she thought her voice had been stolen by for a dance track - as musicians' fears grow Tyga's mom dead at 53: Pasionaye Nguyen passed away last month The rapper paid tribute on Instagram Who is Channing Tatum's new Aussie girlfriend? Actor is 'dating' model Inka Williams four months 2/22/25, 6:11 University of Miami sued over rape case \| Daily Mail Online 19/46 after splitting from fianc\u00e9e Zoe Kravitz Andrew Garfield and Monica Barbaro are 'quietly dating' after sparking romance rumors Eva Longoria, 49, flaunts her toned legs while in a sexy black bodysuit Kate Cassidy's hidden tribute to Liam Payne as influencer deals with her grief over former One Direction star's tragic hotel balcony death forced to apologise as EastEnders star John Altman says a racial slur live on air Justin Baldoni accused of imposing his bizarre 2/22/25, 6:11 University of Miami sued over rape case \| Daily Mail Online 20/46 Baha'i religious beliefs onset amid Blake Lively sexual lawsuit Eastenders' Lacey Turner's husband hails her 'strength' after emotional live episode - just weeks after giving birth Doja Cat and Stranger Things star Joseph Quinn still going strong after romantic trip to Mexico EastEnders legend looks unrecognisable as he celebrates the soap opera's 40th anniversary... but can guess who it is? Marnie Simpson is pregnant! Geordie Shore star reveals she's expecting her third child with husband Casey Johnson Iconic chart-topping noughties band who won a staggering 14 awards in two years take to the stage in Milan during their hit international tour Who is Jennifer Garner's boyfriend? Meet businessman John Miller Katie Price admits she 'never pays' for cosmetic surgery and reveals she's offered endless free procedures but insists don't take advantage of it 2/22/25, 6:11 University of Miami sued over rape case \| Daily Mail Online 21/46 Salma Hayek, 58, reveals she has a stunning stepdaughter as she wishes the model a happy 24th birthday All the signs Justin Bieber could be heading for a downfall: From his worrying appearance at Hailey's skincare pop-up, his gaunt frame and bathrobe outing Selling Sunset star Emma Hernan hints she's single after 'dating' Blake Davis causing Chrishell Stause to make snide remark Hailey Bieber indulges in three-way kiss with Bella Hadid and Stassie Karanikolaou amid fears for Justin EastEnders fans all make the same joke after glaring Sonia blunder in live episode - but did you spot it? This Morning fans all make the same joke as Alison Hammond hosts debate about age-gap relationships - with a racy twist Ben Affleck, 52, flashes gray hair when in a dog park with his son before big update on Jennifer Lopez divorce Single White Female vet Jennifer Jason 2/22/25, 6:11 University of Miami sued over rape case \| Daily Mail Online 22/46 Leigh, 63, is almost unrecognizable during a grocery run Kendrick Lamar earns first Number 1 single after his controversial Super Bowl performance Blake Lively, Ryan Reynolds and Justin Baldoni all by The Hollywood Reporter on wild magazine cover amid sexual assault lawsuit All the actors who are tipped to be the next James Bond from Aaron Taylor-Johnson to James Norton as a new surprise contender enters the race Billi Mucklow shows ex Andy Carroll what he's missing as she looks incredible for night on the town - and gives a peak inside her home . 2/22/25, 6:11 University of Miami sued over rape case \| Daily Mail Online 23/46 Katie Price lands new acting role alongside showbiz veteran amid her money woes as bosses declare they are 'delighted' to have her Rosie Huntington- Whiteley shows off her toned abs in a beige crop top and leggings as she looks workout ready Jennifer Garner and Ben Affleck's daughter Violet cuts contact with Jennifer Lopez after discovering her 'ulterior motive Justin Bieber sparks major fears with fans after worrying appearance at wife Hailey's skincare pop up store opening in Alice Hirson dead at 95: Full House star who also played Ellen DeGeneres' mom passes away Kerry Katona takes swipe at Holly Willoughby as she says the presenter is 'too polished' for 'grubby' reality show Celebrity Bear Hunt Bachelor alum Arie Luyendyk Jr, 43, undergoes vasectomy after admitting he 'rushed' decision Amanda Holden, 54, shows off her incredible figure in a skimpy white bikini by the pool during lavish Barbados getaway Drew Barrymore celebrates 50th birthday on her show as pals Cameron Diaz and Adam Sandler surprise her Elizabeth Taylor's supermodel pal shares rare insight into the private life of the icon who would now be 93 2/22/25, 6:11 University of Miami sued over rape case \| Daily Mail Online 24/46 EastEnders fans gasp 'did that just happen?!' as they spot rude Lauren Branning moment in background of Queen Vic wreckage during live episode What will Lauren Sanchez wear at her upcoming wedding to Jeff Bezos? The Notorious B.I.G.'s mom dead at 72: Voletta Wallace passes away while in hospice care... months after shock Diddy comment Peter Jason dead at 80: Karate Kid and Deadwood star is remembered in heartfelt tributes by former colleagues Three men in a van ambushed my house when was a new mum - there's only one thing that kept me safe, reveals Myleene Klass Location Location Location's Phil Spencer leaves fans open- mouthed with pic of rarely-seen 'doppelganger' son who towers over him on set Pete Doherty enlists holistic team to join him on tour to give him massages and ice baths to aid his circulation as he fights to save his toes from amputation Shiloh Jolie, 18, is the spitting image of actress mum Angelina as she keeps things casual in a grey hoodie during low-key outing Kylie Kelce hits back at claims she refused to eat Taylor Swift's cooking as she praises singer for influence on Travis Top model looks unrecognisable as she debuts bold new look at - so do know who it is? The new Grey's Anatomy? Netflix drops 2/22/25, 6:11 University of Miami sued over rape case \| Daily Mail Online 25/46 first look at explosive new medical drama Pulse - and fans are already counting down the days Channel 4 slaps beloved comedy with a woke trigger warning over 'offensive and derogatory' language Andrew Garfield and Monica Barbaro fuel dating rumors as they're spotted together in London Rihanna's partner Rocky lands deal days after his not guilty verdict in shooting trial Disgraced rugby player Stuart Hogg welcomes baby boy with 'world's sexiest jockey' Leonna Mayor - six weeks after being spared jail Jessica Simpson says her 'soul has been pulled' amid 'heartbreaking' Eric Johnson split Megyn Kelly unleashes on Tom Hanks for mocking 'racist supporters on Strictly's Janette Manrara makes heartbreaking family admission and admits it 'scares me' - as she takes major career step Coronation Street's Tina O'Brien, 41, hasn't aged a day as she stuns in a low-cut floral summer dress while enjoying her sunny holiday Lock up your wine, Graham Norton! Chris O'Dowd makes rare chat show appearance after going viral when he 'embarrassed himself' with drunken interview 2/22/25, 6:11 University of Miami sued over rape case \| Daily Mail Online 26/46 Amandaland's Lucy Punch cuts a stylish figure in a sleek black suit as she poses with actor Sebastian Croft at the S.S.Daley show Israel-Hamas latest: Six more hostages to be released in Gaza See more versions The Telegraph \u00b7 6hr Ukraine-Russia war live: Trump urges Zelensky and Putin to \u2018get\u2026 See more versions The Telegraph \u00b7 3hr Jenny Hall: Drones deployed to look for missing runner - as poli\u2026 See more versions Sky News \u00b7 6mins a Starmer to set date to increase defence spending during Trump\u2026 See more versions Evening Standard \u00b7 Trump fires top military officers - including America's\u2026 See more versions Sky News \u00b7 6hrs ag AfD handed major poll boost after support but faces\u2026 See more versions News \u00b7 4hrs ag The 10 best walks in the Chiltern Hills \u2013 all starting and ending at \u2026 See more versions The Telegraph \u00b7 3hr Map reveals where 70mph winds and 12 of rain to hit\u2026 See more versions The Sun \u00b7 4hrs ago Britain is waging war on Apple \u2013 it is already backfiring See more versions The Telegraph \u00b7 4hr \u2018Russia\u2019s not winning\u2019: Ukraine frontline soldiers outraged at tal\u2026 See more versions The Independent \u00b7 Click here to view more Follow Daily Mail Subscribe Daily Mail Follow @DailyMail Follow Daily Mail Follow @dailymailuk Follow Daily Mail Fans are shocked Landman's wild bikini teen is also the prim prairie girl on the Yellowstone spinoff 1923 The One Show's Alex Jones admits menopause makes her forget guests' names live on air 2/22/25, 6:11 University of Miami sued over rape case \| Daily Mail Online 27/46 Place In The Sun viewers outraged by couple's strange reason for low offer on property - but do they have a point? Controversial influencer Andrew Tate disgusts fans with 'sick' comment about Ariana Grande's appearance Kate Hudson reveals she turned to singing because she feared she would die during the Covid pandemic had to do some music no matter what' Amanda Byram, 51, shares picture of herself breastfeeding 'miracle' baby after she surprised fans by welcoming child following long journey Gardeners' World's Monty Don shares his shock over revelation about his old home as he reveals the heartbreaking reason he packed up and moved gift from Casey? Love Island's Gabby Allen carries a huge bouquet of flowers as she grabs lunch with pals after winning All Stars Emmerdale's Natalie Ann Jamieson reveals why she left soap - and her secret chats with bosses ahead of Amy Wyatt's tragic death The Chase fans brand contestant 'a disgrace to quiz shows' after 'disgusting' tactic - and even Jenny Ryan swipes 'I'll remember this game forever' Alec Baldwin admits he is happier asleep as he reveals mental health spiral following Rust shooting Nicole Kidman reveals the one compliment 2/22/25, 6:11 University of Miami sued over rape case \| Daily Mail Online 28/46 she 'hates' hearing - after sharing the medical struggle that left her 'terrified' EastEnders drama continues after the live episode as Adam Woodyatt 'gets into an altercation with fans' while leaving boozy after show party Will Lo's 'blessed' blended family survive her divorce? How singer's efforts to maintain bond with Ben's children are falling apart Where are the original Neighbours cast now? As Australia's favourite soap is axed for a second time we take a look at Ramsay Street's residents Inside Fred Sirieix's wedding to longtime partner Fruitcake as First Dates star dances with bride in sunset snaps Made In Chelsea star the reality series after five years following multiple failed romances and revealing they find filming 'draining Ab-flashing Shakira is back to her best as returns to the stage for Colombia concert - five days after she was hospitalised with health woes 'Is this a joke?' Fans cringe over Meghan Markle's 'ridiculous' advice for throwing kids' parties... as revealed by celeb pal Mindy Kaling Mrs Hinch's eye- watering net worth revealed as the star rakes in four-figures a day after welcoming her third child 2/22/25, 6:11 University of Miami sued over rape case \| Daily Mail Online 29/46 Love Island's Curtis and Ekin-Su attempt to defend relationship on Lorraine - but it seriously backfires James Bond's most shocking one-liners from X-rated innuendoes to cringeworthy quips - as 007 fans spark fury after 'creative control' is handed over to Amazon EastEnders fans are reduced to tears as Martin Fowler dies in tragic scenes during 40th anniversary live episode Strictly winner Ellie Leach 'flogs old clothes on Vinted for as little as \u00a34' after revealing she's 'unemployed' Kelly Brook lets slip her husband Jeremy Parisi was an extra on EastEnders and she sent him there to help him learn English Good Morning Britain viewers rip into 'insufferable' hosts for 'trying to one-up each other' with constant interruptions - and vow to switch over to Noel Gallagher looks in good spirits as he returns to the studio ahead of the Oasis reunion gigs this summer Alessandra Ambrosio looks more loved up than ever with boyfriend Buck Palmer as they pack on the during coffee date in Rihanna wears a stylish androgynous suit as she rings in her 37th birthday with Rocky and celebrates his not guilty verdict Tattooed YouTuber replaces Rachel Riley on Countdown in shock shake-up - as he announces 'ridiculous' appointment to fans Demi Moore carries her beloved pooch Pilaf in a 2/22/25, 6:11 University of Miami sued over rape case \| Daily Mail Online 30/46 body sling as she attends furniture launch in California amid her awards success Inside the many controversies of Ugly Betty in the wake of Eric Mabius' battery arrest Mrs Hinch gives birth to a baby boy! Cleaning guru Sophie Hinchliffe welcomes her third child with husband Jamie and reveals his adorable name Courteney Cox, 60, exudes elegance in a pale pink dress as she officiates her friend's wedding in Australia Millie Mackintosh shares 'drunken' throwback snap and admits barely recognise the person used to be' 'Fragile' Ben Affleck reveals dating plans after being left 'exhausted' by Jennifer Lopez break- up Kanye West vows to perform in swastika shirt at Super Bowl in crazed rant amid Kim Kardashian 'family tension' Kate Hudson opens up about raising a second generation of nepo babies as she claims her son Ryder, 21, is set for stardom Bella Hadid has legs for day in tiny shorts at star-studded launch party for her new clothing line Hugh Jackman and Sutton Foster's savage response after Deborra-Lee Furness predicted their relationship 'won't last' 2/22/25, 6:11 University of Miami sued over rape case \| Daily Mail Online 31/46 Bruce Willis' wife Emma posts new video for National Caregivers Day amid his dementia battle Meghan Markle gives cryptic insight into As Ever rebrand as she shares unseen pictures and a painting of her and Harry from 'memory lane' Sophie Habboo lifts the lid on Made In Chelsea set secrets as she details wardrobe disaster Ugly Betty star Eric Mabius accused of shock act against woman in violent bar brawl before arrest Emilia Perez's trans star Karla Sofia Gascon to skip Awards but won't miss Oscars amid tweet scandal Will Smith flies solo again amid unusual marriage arrangement as he joins glam stars Thalia and Becky at Univision's Premio Lo Nuestro Awards 2025 Critics blast Alec Baldwin's reality show for 'outright offensive spin on tragic death of Rust cinematographer Halyna Hutchins Ugly Betty star Eric Mabius for battery in Florida... as shocking mugshot is revealed Katie Price reveals her son Harvey, 22, has been 'kicked out' of residential care home for being 'too difficult' Jessica Simpson releases her first song in 15 years, Use My Heart Against Me, and video 2/22/25, 6:11 University of Miami sued over rape case \| Daily Mail Online 32/46 Jamie Laing breaks down in tears as he opens up about his parents' divorce and admits he carries 'huge guilt' for blaming his father reveals the latest bizarre twist in saga of Meghan's new lifestyle brand Emmerdale star reveals his girlfriend is pregnant with their first child - five years after being axed from the soap Racegoer stuns onlookers as she reveals a famous comedian is her mother in hilarious viral clip Ron Howard reveals the very famous '70s actor he is related to (hint: he was on Three's Company stopped drug- addled Pete Doherty driving across London. His nails were filthy and he stank. Then he turned his life around... how sad it's another addiction that could kill him She was in a Star Wars movie, is pals with Reese Witherspoon and there is a Taylor Swift link, who is she? Harry Styles was left 'devastated' by impression of him, star says Pamela Anderson 'begged her sons for forgiveness' after being 'sexualised' during her career Did Michelle Keegan and Mark Wright's Instagram tip off burglars? Star fought off raiders at mansion as they become latest celebrities targeted 2/22/25, 6:11 University of Miami sued over rape case \| Daily Mail Online 33/46 Tamra Judge breaks down in tears as she explains why she won't give Teddi Mellencamp health scare updates Bella Hadid puts on a perky display as she wears her underwear in public while leaving photo shoot in Bargain Hunt star Charles Hanson asked police 'am dreaming?' as he was arrested over '10-year campaign of abuse' against his wife, court told Legendary Channel 10 reporter Paul Mullins dies aged 79 She was in an iconic movie before working alongside Bruce Willis for years and looks youthful at 75...who is she? EastEnders' Michael Greco reveals the surprising amount he earns from repeats two decades after leaving soap . The heartbreaking losses of the Gogglebox cast - as we take look back at the tragedies of the Channel 4 show This Morning fans seriously distracted by Pamela Anderson's appearance as she promotes new film The Last Showgirl - but can you spot why? 70s rock legends cancel shows after frontman announces cancer diagnosis Shock as another popular Channel Seven star quits the network amid mass bloodbath Meghan Markle hits major milestone after bombshell brand announcement 2/22/25, 6:11 University of Miami sued over rape case \| Daily Mail Online 34/46 Inside First Dates star Fred Sirieix and Fruitcake's wedding: Bride stuns in a strapless gown as pair tie the knot at stunning Jamaican castle Jinger Duggar Vuolo displays her baby bump in pink blazer after statement about her 'cult-like' upbringing Hilaria Baldwin finally sets the record straight over her Spanish accent after years of ridicule Neighbours is axed as Amazon pull the Australian soap less than two years after it was revived Why Jennifer Garner is the unsung hero of Hollywood: After supporting Ben Affleck through sobriety friends are now 'concerned' as she suffers tragic loss Holly Willoughby is stunned as she's reunited with her ex- boyfriend... as he reads out toe-curling love letter she sent about a 'naked woman' Khloe Kardashian reveals why she experiences 'anxiety' at ex Tristan Thompson's games Hayden Panettiere remembers brother's tragic early death as childhood home they grew up in hits the market Catherine Tate's rarely seen lookalike daughter Erin, 22, has inherited her comedy talents - and enlists the star for hilarious TikTok skits 2/22/25, 6:11 University of Miami sued over rape case \| Daily Mail Online 35/46 The Chase's Bradley Walsh forced to intervene and warn contestant 'don't waste my time' as livid viewers rage at 'ridiculous' move Beyonce announces partnership to 'help women'... after Jay-Z's rape case with Diddy dropped Racegoer is coaxed by pals into revealing his uncle as ultra famous sportsman - just minutes after comedian's daughter is spotted Katie Price's ex Kris Boyson becomes a dad for the first time as he welcomes baby with fianc\u00e9e Elizabeth Tierney after secret reunion and pregnancy Pamela Anderson looks ethereal in a sheer white Dior skirt as she steps out of swanky hotel after dividing This Morning viewers with kooky outfit choice Iris Law flaunts her incredible figure in a stunning array of bikinis while modelling for Victoria's Secret Amanda Holden, 54, enjoys a boat trip with lookalike daughter Hollie, 13, as she gives fans another glimpse into her lavish Barbados trip Taylor Swift's boyfriend Travis Kelce is now a Hollywood movie producer as he works with an Oscar- winning actor Ronan Keating calls for appeal of 'lenient' sentence for man who caused death of his brother in car crash as he slams 'reckless' driver's 'selfish actions' Oprah Winfrey's Ozempic effect on full display in gym gear after drug made her realize truth about 'thin people' 2/22/25, 6:11 University of Miami sued over rape case \| Daily Mail Online 36/46 work on and Ryan Reynolds changed his joke at last minute to make it about the Baldoni scandal after rehearsing a different line 'You can kill a man and walk free': Ronan Keating hits out after man escapes prison sentence for causing the death of his brother This Morning guest breaks down in tears after life-changing makeover in wake of cancer battle and stoma bag - as fans sob 'she looks stunning!' Daisy May Cooper reveals her very surprising saviour when she hit 'rock bottom' amid divorce from Will Weston Strictly's Nadiya Bychkova shares a hug with ex-dancer partner Dan Walker at her show in Sheffield after she hinted at romantic code symbol between them Mark Wright makes career announcement days after he and pregnant wife Michelle Keegan were left terrified amid burglary at \u00a33.5million mansion Kate Hudson leaves Radio 2 listeners all saying the same thing about her singing as she performs 'first ever live show' British Grand Prix's star-studded headliners are as Silverstone announce a huge lineup of stars who will take to the stage Amy Schumer's warning about Ryan Reynolds as she secretly chatted to Blake Lively at SNL50 event Amanda Holden, 54, poses with her lookalike daughters Lexi, 19, and Hollie, 13, during Barbados break as fans gush the trio 'look like sisters' Pregnant Michelle Keegan and husband Mark Wright's terror as 2/22/25, 6:11 University of Miami sued over rape case \| Daily Mail Online 37/46 couple lock themselves in bedroom while masked raiders break into \u00a33.5m mansion Kim Kardashian breaks her silence on co-parenting with Kanye West after she faced calls to denounce his behaviour after anti semitic rants Call the Midwife star Helen George, 40, is feeling 'nothing but love' as she shares sweet snaps after debuting relationship with divorced dad, 51 Mick Jagger's son Deveraux, 8, is rushed to hospital after an accident while playing football reveals future of Grace before series five even hits screens as show boss pays emotional tribute to cast and crew Gail Porter reveals she had a run-in with police after she was caught scattering her father's ashes Daniel Craig drops out of Luca Guadagnino's Sgt. Rock movie months before filming commences - as award-winning actor is tipped to replace him Selena Gomez looks nothing short of sensational as she hits London in white mini dress after debuting new single at West End event Sir Lenny Henry receives Freedom of the City of London in recognition of his contribution to entertainment and charity Netflix adds 'criminally underrated masterpiece show with perfect 100% Rotten Tomatoes score - as fans rave over scenes 2/22/25, 6:11 University of Miami sued over rape case \| Daily Mail Online 38/46 The Bay's return date finally confirmed by - and the wait for series five is almost over Emmerdale kills off beloved character in heart- wrenching scenes - leaving their loved ones devastated and taking a secret to the grave Starry-eyed Charles! King mingles with celebrities at Buckingham Palace reception for humanitarian efforts Love Island: All Stars winners Gabby and Casey throw their arms up in triumph while runners-up Grace and Luca look glum at Heathrow airport Prue Leith, 85, stuns in a bold pink satin dress and sunglasses as she takes to the runway during London Fashion Week Loose Women in 'daytime first' as show announces huge format shake-up next month - and panel gush 'we've never done this before!' Helen Flanagan, 34, puts on a loved-up display with boyfriend Robbie Talbot, 45, as they enjoy a night out with his daughter Sophie, 14 Will James Bond get the Star Wars treatment? 007 could be set for series of spin-offs as Broccoli family hand over 'creative control' Lizzo looks slimmer than ever in bra and panty selfie after reaching her weight- loss goal Jessica Simpson details bizarre interaction with late singer Prince Robert De Niro, 81, gives a rare insight into parenting his daughter, 2/22/25, 6:11 University of Miami sued over rape case \| Daily Mail Online 39/46 20 months, Gia with Tiffany Chen, 45 Nicolas Cage is being sued by his ex for 'negligence' amid claims their son left her with 'life-threatening injuries' Beloved celebrity hairstylist dies suddenly in the gym age 39 Justin Bieber shares racy snaps with wife Hailey amid marriage strife rumors Chloe Ferry shows off her new figure in jeans for the first since getting her removed and admits she feels 'like herself again' Ant Anstead comes between his ex Christina Haack and her ex Tarek El Moussa in tense moment on The Flip Off Taylor Swift's role in It Ends With Us revealed - amid rumours she's ditched Blake Lively and claims she had 'no creative involvement in the film' Holly Willoughby 'faces new court battle as her media company is ordered to pay eye- watering tax bill' Demi Moore, 62, celebrates her awards success despite missing out on BAFTAs gong as she poses for fun snaps during her trip to London Rocky and Rihanna have promised to name their next child after the rapper's - after being found not guilty in shooting case Katy Perry is condemned as 'unforgiveable' by 2/22/25, 6:11 University of Miami sued over rape case \| Daily Mail Online 40/46 family of 85-year-old veteran she evicted from her $15M home as she files for $6million Cruz Beckham turns 20! Proud parents David and Victoria share sweet tributes for their youngest son while girlfriend Jackie Apostel posts cheeky clip Tom Hiddleston and Hayley Atwell share sweet embrace as the cast celebrate opening press night of Much Ado About Nothing - as actress shares secret message in her jacket Myleene Klass takes inspiration from Hailey Bieber in quirky headgear and a corset top as she struts out of the Smooth studios Country megastar's homophobic slur caught on camera in bar Pregnant Arabella Chi shows off her growing baby bump in a silk co- ord set as she steps out at the Oh Polly London Fashion Week show Anne-Marie is pregnant! Singer is expecting her second child with her husband Slowthai as she unveils her baby bump in sweet video Christina Haack reveals shock 'emotional embrace' with ex Ant Anstead... amid his romance with Renee Zellweger Veteran Neighbours star Ian Smith, 86, reveals how long he has to live - after being diagnosed with an 'aggressive' form of lung cancer Amanda Holden risks the wrath of bosses after claiming she took 28 flights during making of her show - weeks after the corporation unveiled its Climate Transition Plan 2/22/25, 6:11 University of Miami sued over rape case \| Daily Mail Online 41/46 Georgia Love debuts major transformation after insiders confirmed she and husband Lee Elliot have split Michael Jackson's estate at odds with auction house over unreleased songs from late King of Pop: 'Fans want to hear new music' 90s rock star reveals he lost two amid health battle... as he shares gruesome snap for fans Blake Lively claims her kids are so 'traumatized' by Justin Baldoni drama she has to stay home... despite glitzy appearance Kim Kardashian oils up her sculpted bikini body for sexy shoot after shock reunion with A-list ex-lover Drake gifts pregnant woman seats and $30,000 at his Sydney concert: 'Who brings a baby to a mosh pit?' Extreme Makeover host Clea Shearer 'sobbed' after almost 'losing my breasts twice' to surgery Jennifer Lopez poses with handsome man at a lavish beach restaurant as she brushes off criticism following Dubai concert fear gaunt and grubby Justin Bieber is on a path to destruction. And think know the heartbreaking reason why Matty 'J' Johnson hits back at claim he was 'overreacting' on I'm Celebrity... Get Me Out Of Here! 2/22/25, 6:11 University of Miami sued over rape case \| Daily Mail Online 42/46 Kyle Richards and Morgan Wade lean on each other after supporting Teddi Mellencamp following brain tumor surgery EastEnders fans shocked as Martin Fowler's fate hangs in the balance after horror accident - while vote opens for first time ever over Denise Fox's future Blake goes to war: Bombshell new legal filing claims two female co-stars from It Ends With Us will back up her claims against Baldoni The Masked Singer Season 13 live updates: Judges decide who moves on during Shrek Night Addison Rae flashes her bare legs for Vogue France as she admits she 'felt like a celebrity' long before fame hit Denise Richards gives rare update about daughter Eloise's chromosomal disorder Wild claims about notorious cancer faker Belle Gibson's recent whereabouts and her new name - as con woman's story plays out on Netflix's Apple Cider Vinegar Meghan Markle faces yet another battle in her lifestyle venture as 'reeling' 'As Ever' boss reveals he's seeking legal advice reviews Much Ado About Nothing: Hayley and Tom fizz in this spangly disco night blitz Wicked star Cynthia Erivo is announced as host of the 2025 Tony Awards as she calls it a 'glorious honor' Today's headlines Most Read 2/22/25, 6:11 University of Miami sued over rape case \| Daily Mail Online 43/46 REVEALED: Haunting final words of husband suspected of shooting wife dead outside a pub on Valentine's Day... Daisy May Cooper is embroiled in bitter \u00a330,000 row with her landlady after painting her Farrow and Ball... Where is Coronation Street star Chris Fountain now? After career-ending scandal left the actor in depths of... Here's how lost 3 in 3 WEEKS. It is more effective than any fat jab and doesn't cost a penny: DONAL... Caroline Flack's last broken voice messages that reveal what she thought of Laura Whitmore replacing her -... PICTURED: Dave Grohl's secret love child: Mother of his baby daughter born out of wedlock is finally... Israeli hostage kisses his Hamas captive on the head as he and two other prisoners are handed over in highly revealed Liam Payne's last picture. Ten minutes after it was taken, he was dead. This is what doesn't... Admitting you struggle with sex can save your life: The ultimate guide by top doctors to what it means for... Starry-eyed minister who's been captured by the Big Tech bros: In just three months, Peter Kyle had up to 30... 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Phil Collins, 74, shares heartbreaking health update following his retirement Revealed: The sneaky European airports that are miles away from the cities they're named after How a surgeon accused of abusing 300 children kept 70 life-sized child dolls under his floorboards... and... Furious Land Rover driver blocks road to dealership for hours after it 'refused to fix his car under... Mark Wright and his pregnant wife Michelle Keegan enjoy lunch date as couple put on a brave face following... The resurrection of Russell Brand: The sexual assault allegations against him haven't gone away. But... Olly Murs forced to cancel live show just hours before performance in Dubai as he 2/22/25, 6:11 University of Miami sued over rape case \| Daily Mail Online 44/46 shares health woes Blake Lively The Hollywood Reporter for 'sexist' cover lampooning her Justin Baldoni lawsuit Is there anyone left on Team Blake? As her bitter dispute with Justin Baldoni intensifies, fans - and even... 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Gogglebox fans 'switch off' after 'creepy' scene leaves them feeling uncomfortable: 'Too weird and... 2/22/25, 6:11 University of Miami sued over rape case \| Daily Mail Online 45/46 Sitemap Archive Video Archive Authors Topics Index Mobile Apps Screensaver Text-based site Reader Prints Our Papers Top of page Daily Mail Mail on Sunday This is Money Metro Jobsite Mail Travel Mail Subscriptions Help & FAQs Published by Associated Newspapers Ltd Part of the Daily Mail, The Mail on Sunday & Metro Media Group dmg media Contact us How to complain Leadership Team Advertise with us Contributors Terms Subscription Terms & Conditions Do not sell or share my personal information About MailOnline Privacy Settings Privacy policy & cookies Pub cleaner with bad neck wins payout after colleagues mocked her for struggling to use a mop Back to top Home News Royals U.S. Sport Showbiz Femail Health Science Money Travel Podcasts Shopping 2/22/25, 6:11 University of Miami sued over rape case \| Daily Mail Online 46/46", "8734_106.pdf": "Alumna sues for Title violations University of Miami alumna is suing the university for its \u201cdeliberate indifference\u201d toward her being raped, stalked and physically assaulted during the first three weeks of her junior year. The student, identified only as Jane Doe in the lawsuit, said the administration failed to protect her from her assailant when he harassed and stalked her nine to 10 times between September and December 2013. Furthermore, the plaintiff said former Dean William \u201cTony\u201d Lake told her she should drop the rape allegations and \u201cfeel bad\u201d for her assailant because \u201che did not have many friends,\u201d and that perhaps he had penetrated her with his fingers and not his penis and that \u201cthis was not rape.\u201d These and other claims fill the 21-page lawsuit filed against on Sept. 15 for mishandling complaints of sexual assault and harassment and for allegedly violating the plaintiff\u2019s rights under Title IX, the amendment prohibiting discrimination on the basis of gender. The student filing the complaint graduated from with a degree in microbiology and immunology in 2015 and is now a law student at the University of Houston. The alleged perpetrator is not named in the lawsuit, but the complaint states that the assailant was a Resident Assistant at Mahoney Residential College and that the two met on the Hindu Student Council and dated for a brief time before the assault. The complaint, filed at the United States District Court in the Southern District of Florida, details how the student said she pleaded with the university to allow her to withdraw for a semester without a \u201cW\u201d on her transcript. When the administration did not accommodate this request, the student asked for extensions on her assignments and excused absences, according to the complaint. These were also denied. In an official statement to The Miami Hurricane, the university said it was aware of the lawsuit but had not been formally served as of Sept. 29. \u201cThe university has very strong policies concerning student conduct and safety and considers such matters to be of the highest priority,\u201d the statement read. \u201cIt will continue to recognize and protect those important interests.\u201d The university has come under fire twice before in recent years for Title IX-related cases. In October 2015, former student Monica Morrison sued UM, saying the school violated her Title rights by mishandling sexual harassment allegations she made against well-known philosophy professor Colin McGinn in 2012. In April 2015, former student Angela Cameron created a petition to demand her alleged rapist be expelled and not allowed to graduate from UM. Jia was found responsible for several allegations, including sexual assault. He was suspended for one semester. The man alumnus David Jia, responded by suing UM, Cameron and Lake in January 2017 for mishandling the case and violating his rights. By Isabella Cueto - October 3, 2017 2/22/25, 6:11 Alumna sues for Title violations - The Miami Hurricane 1/2 The latest suit against alleges that the university \u2013 including Lake, who was in charge of Title cases at the time and was gone from at the start of the 2016 academic year \u2013 did not take the appropriate steps to ensure her safety on campus, especially after she was diagnosed with anxiety and depression early in the fall semester. The lawsuit also states that Lake allegedly told the plaintiff to \u201cavoid those situations\u201d where her aggressor may come in contact with her. Lake could not be reached for comment. The complaint also alleges that the assailant physically assaulted the plaintiff at a Sept. 13, 2013 Delta Epsilon Psi fraternity party, and that he \u201chad followed other female freshman students.\u201d After receiving what she considered subpar help from the Dean of Students office, Jane Doe reported the stalking and subsequent issues to the Coral Gables Police Department. On Dec. 10, 2013, a panel of three people, including a nurse, a student and the dean of Greek Life, found the assailant responsible for sexual assault and battery, intimate partner/dating violence, underage drinking, physical assault and sexual harassment. Jane Doe, even after the hearing, saw her assailant on campus, so on Dec. 12 she obtained an emergency protective order in Miami-Dade County. On Dec. 16, her assailant was expelled. The complaint alleges that the university was dismissive with the student\u2019s concerns and, as a result, the student failed two of her courses, which she said badly hurt her GPA. Until fall 2013, she had maintained a 3.8 GPA. The grades were especially harmful for the plaintiff, who said she needed high marks to achieve her goal of getting into medical school. The student is described as \u201chighly motivated and gifted\u201d in the complaint and attended on the merit-based Dickinson scholarship, which awarded her $20,000 per year in tuition, according to the lawsuit. After more than a semester of back-and-forth with the university administration, \u201cunable to cope with the university\u2019s indifference and suffering from depression,\u201d the student attempted suicide Jan. 25, 2014. Only then did allow her to withdraw without markings on her transcript, the lawsuit states. That spring, while recovering at Menninger Clinic in Texas, the student was diagnosed with Post Traumatic Stress Disorder. Police arrested and interrogated the assailant Dec. 17, 2013, and he admitted to stalking the plaintiff, according to the lawsuit. In spring of 2014, he pled guilty to stalking and was required to complete a sex offender program and perform community service and was placed on probation for three years and permanently placed on the sex offender registry. He must also stay away from Jane Doe. The victim was eventually able to return to school and graduate from in May 2015, and she is now a law student at the University of Houston, according to the lawsuit. However, the student has still not been able to remedy what appear as failing grades from the fall 2013 semester on her transcript. Lawyers representing the student did not wish to comment at the time of publication. Isabella Cueto \ue809 2/22/25, 6:11 Alumna sues for Title violations - The Miami Hurricane 2/2"}
7,409	Drew Francis	Lehigh University	[ "7409_101.pdf", "7409_102.pdf" ]	{"7409_101.pdf": "2014 Decisions Opinions of the United States Court of Appeals for the Third Circuit 3-28-2014 Drew Francis v. Lehigh University Drew Francis v. Lehigh University Follow this and additional works at: Recommended Citation Recommended Citation \"Drew Francis v. Lehigh University\" (2014). 2014 Decisions. 343. This decision is brought to you for free and open access by the Opinions of the United States Court of Appeals for the Third Circuit at Villanova University Charles Widger School of Law Digital Repository. It has been accepted for inclusion in 2014 Decisions by an authorized administrator of Villanova University Charles Widger School of Law Digital Repository __________ No. 13-1947 __________ FRANCIS, Appellant v __________ On Appeal from the United States District Court for the Eastern District of Pennsylvania (D.C. No. 5-10-cv-04300) District Judge: Honorable Petrese B. Tucker Submitted Under Third Circuit 34.1(a) November 13, 2013 BEFORE: HARDIMAN, SCIRICA, and NYGAARD, Circuit Judges (Filed: March 28, 2014 ) __________ __________ NYGAARD, Circuit Judge. 2 Drew Francis appeals from an order of the United States District Court for the Eastern District of Pennsylvania granting summary judgment to Lehigh University, his former employer. For the reasons that follow, we will affirm. I. We write non-precedential opinions \u201cprimarily to explain to the parties the basis for the court\u2019s decision.\u201d In re Grand Jury Investigation, 445 F.3d 266, 276 (3d Cir. 2006). Therefore, because the parties are familiar with the factual and procedural backgrounds of this case, we will relate only those facts necessary to explain our analysis and decision. Francis was a tenured professor in the Department of Theatre at Lehigh University. He was appointed to this position in July of 2001. In November of that same year, Francis fell off of a ladder and fractured a foot, ankle, and his back. After receiving medical clearance to return to work, Francis presented the University with a list of twelve accommodations. He received many of these accommodations though 2008. Vaguely reminiscent of David Mamet\u2019s drama Oleanna, a female student at Lehigh approached Professor Pam Pepper, then a professor in the Department of Theatre, and related concerns that Francis and another student were engaged in a sexual relationship and that she feared Francis was taking advantage of this student.1 This conversation took place in the fall of 2007. The reporting student also admitted to having 1 Oleanna is a two-character play by David Mamet, and focuses on the power struggle between a university professor and one of his female students, who accuses him of sexual exploitation and, by doing so, destroys his chances of being given tenure. Mamet, David. Oleanna. New York: Dramatists Play Service, 1983. Print. 3 a sexual relationship with Francis. Pepper asked the student to file a complaint with the University\u2019s Harassment Policy Officer, but the student declined. The University\u2019s Harassment Policy prohibited relationships between faculty and students which created a supervisory conflict of interest.2 New charges of sexual impropriety with students surfaced against Francis in the fall of 2008. These allegations came to light in conversations Erica Hoelscher, Francis\u2019 ex-wife and member of the Department of Theatre, had with Pepper and another faculty member, Augustine Ripa, regarding her divorce from Francis. Hoelscher related that Francis had an affair with a student during a period of time when Francis was supervising the student\u2019s work. Based on this information, Pepper and Ripa contacted the Dean of the College of Arts and Sciences. After a consultation with the Harassment Policy Officer, the University began an investigation. While this investigation was proceeding, Francis informed Pepper that he was having further medical issues and that he might need surgery on his hand. Francis raised concerns with Pepper that he may not be able to do his job. Francis claims Pepper responded that they would \u201ccross that bridge when we get there.\u201d In May of 2009, the results of the University\u2019s investigation were presented. The investigators had determined that Francis violated University policy by engaging in graphic sexual discussions with one student and engaging in a sexual relationship with another student while acting as her supervisor and/or issuing grades to her. The 2 No formal investigation was begun at this juncture because no complaint was filed. 4 investigators also noted that Francis was not truthful during interviews and that he neither expressed remorse nor accepted responsibility for his actions. The report concluded by recommending that Francis be removed from the University environment and that his employment be terminated month later, the University\u2019s Provost provided Francis with a copy of the investigator\u2019s report. Francis was also notified that the University would pursue dismissal proceedings against him. Francis was given a three-day evidentiary hearing. He ultimately admitted to a sexual relationship with a student that had begun in the summer of 2007. Francis further admitted that this relationship continued until his ex- wife confronted him about it. The investigation determined that Francis\u2019 sexual relationship with this student created a conflict of interest and violated University policy because Francis took no steps to resolve it appropriately. After reviewing the testimony and other evidence, the University\u2019s Faculty and Personnel Committee found that Francis had violated University policy and recommended that he be fired for cause. The University\u2019s Board of Trustees accepted the Committee\u2019s recommendation and voted to terminate Francis\u2019 employment in May of 2010. Meanwhile, Francis had filed discrimination charges against the University with the Equal Employment Opportunity Commission in November of 2009. He charged that shortly before Pepper had filed an internal complaint against him, he had notified her that he may need hand surgery and could require further accommodations from the University. Francis argued that other University employees with disabilities who had 5 violated the harassment policy were not dismissed, but instead were required to sign a confidential agreement stating that they would not violate the policy again. The could not find a violation of federal law, and issued Francis a Notice of Right to Sue. Francis then filed suit in the District Court, bringing claims under the Americans with Disabilities Act and under 42 U.S.C. \u00a7 1983. After partially answering the complaint, the University filed a motion to dismiss the claim brought under \u00a7 1983, which the District Court granted. That disposition has not been appealed. Upon the completion of a period of discovery, the University filed a motion for summary judgment on the remaining claim, which the District Court also granted. Francis has timely appealed the grant of summary judgment, and we will affirm. II. We review a district court\u2019s grant of summary judgment de novo, thereby applying the same standard as the District Court. Viera v. Life Ins. Co. of N. Am., 642 F.3d 407, 413 (3d Cir. 2011). Only where the moving party has established \u201cthat there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law\u201d is summary judgment appropriate. FED.R.CIV.P. 56(a). This burden is met only when the moving party has shown that the non-moving party has failed to establish one or more of the essential elements of his or her case. Scheidemantle v. Slippery Rock Univ. State Sys. of Higher Ed., 470 F.3d 535, 538 (3d Cir. 2006). We \u201cview the facts in the light most favorable to the non-moving party and make all reasonable inferences in that party\u2019s favor.\u201d Id. III. 6 Where a plaintiff has successfully established a prima facie case of discrimination, we employ the ubiquitous burden shifting analysis first set by the Supreme Court in McDonnell Douglas Corp., v. Green, 411 U.S. 792, 802 (1973). Under this analysis, once a plaintiff has established a prima facie case, the burden of production switches to the defendant to provide a legitimate, non-discriminatory reason for its decision. See Sempier v. Johnson & Higgins, 45 F.3d 724, 728 (3d Cir. 1995). To establish pretext, a plaintiff must either discredit the proffered reasons through direct or circumstantial evidence or adduce evidence \u201cthat discrimination was more likely than not a motivating or determinative cause of the adverse employment action.\u201d Fuentes v. Perskie, 32 F.3d 759, 764 (3d Cir. 1994). The University does not dispute Francis\u2019 prima facie case of discrimination and Francis does not challenge the District Court\u2019s finding that the University has proffered a legitimate, non-discriminatory reason for his termination. Therefore, the sole issue on appeal is whether the University\u2019s explanation for Francis\u2019 termination was but pretext for discrimination. IV. In support of his contention that the University\u2019s proffered reasons for terminating him were pretext for discrimination, Francis argues three points: first, that similarly situated employees were treated more favorably, second, that he was terminated after disclosing concerns about a medical condition, and third, that he did not commit sexual harassment. Like the District Court, we are unpersuaded by Francis\u2019 arguments. 7 First, Francis has pointed to three individuals he maintains were similarly situated to himself, but were treated more favorably by the University. Here, however, the persons identified by Francis are not similarly situated. Francis points to a \u2018Dr. B.\u2019 as a comparator who the University did not fire despite the filing of a sexual harassment claim against him by a student. This individual, however, did not engage in a continuing sexual relationship with students under his supervision. He did acknowledge a single incident of inappropriate behavior while he was inebriated. Further, Dr. B. did not lie to University investigators, but instead was candid and truthful from the outset of the investigation, where Francis was not. Indeed, Dr. B. accepted responsibility for his behavior and even went so far as to propose remedial actions for his conduct. Next, Francis points to a member of the Department of Theatre, Ms. K.F., who he witnessed kissing a student at an off-campus location. No complaint of harassment was ever filed against K.F. nor did Francis introduce any evidence that K.F. supervised this student or lied about the conduct in question to University investigators, as Francis had done. Francis also pointed to a professor in the University\u2019s Department of English who he claimed had had a sexual relationship with a student, but was not fired. This professor, identified in the record as \u2018Dr. T.B.,\u2019 was not similarly situated to Francis. No complaint had even been filed against T.B., nor was Francis able to produce any evidence that T.B. had a sexual relationship with a student under his supervision. No evidence was offered that T.B. had lied to University investigators. Francis\u2019 remaining arguments are equally unavailing. He claims, for example, that his employment was terminated after he informed Professor Pepper of his hand condition. 8 The record, however, clearly shows that the University began its investigation into Francis\u2019 sexual improprieties well before his discussion with Pepper. Additionally, the record is void of any evidence that University investigators took Francis\u2019 disability into account during the termination proceedings. Francis\u2019 argument that he has established pretext because the University replaced him with a non-disabled person is meritless. While such a replacement may support the foundation of a prima facie case, we have held that this is not necessarily so when discussing pretext: \u201c[s]uch an inference may be acceptable at the prima facie state of the analysis . . . but not necessarily at the pretext stage, where the factual inquiry into the alleged discriminatory motives of the employer has risen to a new level of specificity.\u201d Simpson v. Kay Jewelers, 142 F.3d 639, 646 (3d Cir. 1998) (internal citations omitted). Standing alone, the fact that Francis was replaced by a non-disabled person is not enough to support an accusation of pretext. See id. We do not say that such evidence is never relevant; only that it cannot \u201cbe viewed in a vacuum.\u201d Id. Instead, on summary judgment, courts are to consider the whole record in deciding \u201cwhether the [employment] decision was motivated by\u201d the employee\u2019s disability. Id. Having considered the same record as the District Court, we find no error in its conclusion that Francis has failed to establish pretext.3 3 We also reject Francis\u2019 contention that he did not violate the University\u2019s harassment policy. Francis engaged in a sexual relationship with a student under his supervision, which he ultimately admitted to. In any universe, such actions violate the University\u2019s harassment policy. 9 V. The judgment of the District Court will be affirmed."}
8,934	Eugene Dammel	California State University - Sacramento	[ "8934_101.pdf", "8934_101.pdf" ]	{"8934_101.pdf": "Date(s) of Incident Complainant Status Respondent Name Respondent Position Incident Description Outcome 8-Sep-17 Student Ted Kidwell Piano Technician Sexual harassment (inappropriate comments regarding Complainant's gender) Counseling memo. 14-Sep-17 Staff Ted Kidwell Piano Technician Retaliation (Respondent retaliated in response to Complainants' complaint) Counseling memo. 20-Sep-17 Student Michael Bolliger Assistant Track & Field Coach Sexual harassment (inappropriate sexual comments to student-athlete) Letter of reprimand. 2016-2017 Student Lance Brewer Custodian Sexual harassment (inappropriate sexual comments to student) Respondent voluntarily resigned prior to the conclusion of the investigation. 2016 Staff Summer Wilson Music Dept Sexual harassment (unwanted comments of a sexual nature) and stalking Respondent voluntarily resigned prior to the conclusion of the investigation. Fall 2015 Student Eugene Dammel Faculty Gender discrimination based on Respondent's in/out of class comments that caused Complainant to stop attending class. Pursuant to Settlement Agreement, one- semester suspension without pay and various training courses. Spring 2016 Student Tyehimba Kokayi Faculty Sexual misconduct (nonconsensual touching), sexual harassment, race harassment Pursuant to Settlement Agreement, Respondent voluntarily resigned and agreed not to seek future employment with the campuses. Spring 2016 Student Tyehimba Kokayi Faculty Sexual misconduct (nonconsensual touching), sexual harassment, race harassment Pursuant to Settlement Agreement, Respondent voluntarily resigned and agreed not to seek future employment with the campuses. Spring 2016 Student Kieuchinh \"KC\" Tran Faculty Disability discrimination (failure to accommodate) Verbal counseling."}
7,623	Nathan Waite Stupiansky	University of Arizona	[ "7623_101.pdf" ]	{"7623_101.pdf": "The Prove The Prove It Project It Project By Jessica Suriano By Jessica Suriano a 2/22/25, 6:13 Writing \| Prove It Project 1/50 The Prove The Prove It Project It Project By Jessica Suriano By Jessica Suriano The Problems: Students reported sexual assaults by faculty, in dorms and at fraternities. Then they heard the responses University of Arizona assistant professor and a graduate student met for drinks in a downtown Tucson bar. She had a glass of red wine. 2/22/25, 6:13 Writing \| Prove It Project 2/50 After starting a second drink, she \u201cexperienced a complete blackout for several hours,\u201d she later reported. She woke up naked in a bed at an apartment belonging to a friend of the professor. They had sex while she was impaired, the professor later told her, according to the complaint the student filed with the university. And they had sex again the next morning when she still felt \u201cdisoriented and incapable of consent.\u201d The student reported the 2017 incident in a complaint to UA\u2019s Office of Institutional Equity, which is supposed to support \u201cefforts to uphold the university\u2019s commitment to creating and maintaining a working and learning environment that is inclusive and free of discriminatory conduct,\u201d and act as \u201cobjective fact-finders,\u201d according to its website. The investigated internally, and the case crawled forward for nearly seven months. Nathan Waite Stupiansky, a public health professor who was director of adolescent studies, completed his last day at the school at the end of June 2018. Tucson Police Department has an ongoing criminal investigation into the allegations, but Stupiansky\u2019s lawyer denies any wrongdoing. To the woman who made the complaint, the entire process reporting through the university was confusing, lacked transparency and never seemed to address her needs as a victim. And her experience is not unique. An investigation of sex assault cases at found that in an approximately five-year time span, 90 reports of sexual offenses were made to the University of Arizona Police Department. Between Aug. 1, 2013, to Oct. 19, 2018, nearly half of these offenses were believed to have occurred at on-campus student housing and over one-fourth were believed to have occurred at fraternities. Additionally, there is a noticeable discrepancy between the reality of sexual assault prevalence and the number of official reports made to campus police hired two sexual assault survivor advocates in fall 2/22/25, 6:13 Writing \| Prove It Project 3/50 2018, and within the first five months of their employment alone, 170 students came to see them to discuss a sexual assault. While the university has started to discuss new methods of education and prevention for campus sexual assault, as well as hire more personnel in different capacities to address these issues, there are other universities in the country making more progress with more efforts. The case between this student and professor is one of many examples of the UA\u2019s historical fragmentation of policies and procedures for addressing sexual misconduct allegations. At both the institutional and social levels, the has failed to rectify sexual violence in sorority and fraternity programs, student housing, and other areas of campus life. The school completed its internal investigation of Stupiansky in April 2018, determining \u201cit is more probable than not\u201d Stupiansky violated the school\u2019s Nondiscrimination and Anti-harassment policy by \u201ckissing you when he knew or should have known that you were incapable of consenting to such acts.\u201d University investigations conducted by the Office of Institutional Equity do not seek criminal charges, unlike police investigations. According to OIE\u2019s letter to the student recommended \u201csignificant action be taken\u201d in the letter, but did not specify further details. The woman received another letter from on July 2, 2018, confirming Stupiansky was no longer \u201cemployed by or affiliated with\u201d the university \u201cin relation to the investigation, determination and recommendation\u201d of her complaint. Stupiansky\u2019s last day \u201cemployed by or affiliated with\u201d the university was June 30, 2018, according to university spokesperson Chris Sigurdson, over two months after the determination was made. Sigurdson said he could not comment on whether or not his departure was related to the complaint, or if it was due to a voluntary resignation or firing, since personnel records are confidential would not comment on its recommendation for handling the personnel issue since its investigations are also confidential. 2/22/25, 6:13 Writing \| Prove It Project 4/50 June 30 is the end of the university\u2019s fiscal year, the typical end date for appointed personnel contracts, Sigurdson said in an email. The Tucson Police Department criminal investigation into the allegations against Stupiansky is still open as of April 2019. Rick Lougee, Stupiansky\u2019s attorney, disputed the allegations against his client. \u201cThe toxicology results, the text message exchanges and other evidence prove the accuser\u2019s allegations of sexual assault to be false,\u201d he said in an email can only speculate as to her motive to fabricate.\u201d Lougee also objected to the standard journalism practice of not naming alleged sexual assault victims without their permission. \u201cIf she was actually sexually assaulted, the public will support her if she is named for having the courage to come forward,\u201d Lougee wrote in an email. \u201cIf she is lying, as she is, she deserves public shame and obloquy.\u201d Several reasons contribute to this standard journalism practice; among them is that journalists do not want to create a chilling effect that would discourage more people who believe they were sexually assaulted from filing reports in the future. Those who choose to file sexual assault reports also often fear retaliation that could result in violence or intimidation. Still, Lougee said in an email that \u201cthis policy is based on politics not considerations of journalistic integrity.\u201d Stupiansky\u2019s past academic research has focused on the study of sexual health and behavior in adolescents. As of March 2019, Stupiansky was listed as a real estate salesperson in Phoenix, according to the Arizona Department of Real Estate license database. \u201cIt kind of destroys your faith in the whole entire school.\u201d The same day the woman woke up in the stranger\u2019s bed, she said she went to the university\u2019s Campus Health Services to get tested for date- rape drugs. She was tested for Rohypnol and later she asked to also be tested for sedatives such as ketamine and benzodiazepines. 2/22/25, 6:13 Writing \| Prove It Project 5/50 In early October 2017, she received a note from a Campus Health nurse that one of the tests, sent to a lab in Pennsylvania, was cancelled because the \u201cincorrect specimen\u201d was received. The student said there was no further follow-up on the cancelled test. The student said when asked by Campus Health if she wanted to submit a rape kit, she declined because at the time, she thought rape kits were used only to identify a rapist\u2019s identity. She knew who she had drinks with, so she didn\u2019t think it was necessary. Campus Health never explained to her what its results could show, she said think it\u2019s important to know that came in asking for date-rape drug testing and they asked me if wanted to get a rape kit, but they explained nothing about that process to me,\u201d she said. \u201cThey didn\u2019t explain why it would be helpful to get one came in disoriented, confused, and didn\u2019t know the value of getting that at that point in time.\u201d The student also said that she felt shamed by Campus Health. She said a nurse told her to \u201cmake better choices\u201d and \u201cbe more careful about who you hang out with.\u201d She said that a school counselor in psych services told her she \u201cdidn\u2019t come to school to report a crime\u201d and she might not want to put her energy into pursuing it. \u201cIt was just all the typical stuff that you hear other people say, and just sort of thought we were past that as a society, but apparently not,\u201d she said. If a student plans on pressing charges and filing a police report, testing and exams are done at Tucson Medical Center, where a volunteer from the Southern Arizona Center Against Sexual Assault will meet the student, Katherine Schuppert, a doctor in the women\u2019s health clinic at Campus Health said. If the student doesn\u2019t plan on pressing charges, Schuppert said a provider in the women\u2019s health clinic will meet with the student, but will be advised that any care given in Campus Health does not count as completing a rape kit. Campus Health can order testing from other labs for date-rape drugs depending on what the patient believes happened or what drugs the patient believes may have been involved, Schuppert said, but without 2/22/25, 6:13 Writing \| Prove It Project 6/50 insurance some of those tests are expensive and there is a chance of false positives and false negatives. \u201cSome labs do certain ones, and some labs don\u2019t, and it all gets pretty complicated,\u201d she said. The woman decided to submit a rape kit through Tucson Medical Center after visiting Campus Health, which was tested through the Tucson Police Department Crime Laboratory. Jelena Myers crime lab superintendent said in an email that the lab has no untested kits. Rape kits are delivered to the lab within days of collection, and they take approximately 38 days to process once they have been delivered to the lab, she said in an email. \u201cSeveral initiatives over the last three years have eliminated any previously existing backlogs of untested kits,\u201d Myers said in an email. The student said the university\u2019s referrals to legal aid were not helpful. The agency the university referred put her in contact with a lawyer who seemed to lack experience in Title policy, she said. After submitting an intake form for a different legal aid organization, she was told the organization could not provide assistance because it involved potentially criminal charges. \u201cThey didn\u2019t really take into consideration the fact that I\u2019m a student and I\u2019m not going to be able to afford an expensive lawyer by myself,\u201d she said. After she received the letter from that Stupiansky probably kissed her without consent, but did not address her allegation of rape, the woman said she felt the school \u201cdownplayed\u201d her whole experience. \u201cIt kind of destroys your faith in the whole entire school,\u201d the woman said. When contacted for an interview about how the internal investigation\u2019s determination was made employees said questions must be deferred to Sigurdson, vice president of communications and university spokesperson, for comment. \u201cPrivacy laws and university policy and practice prevent staff from releasing any details of investigations,\u201d Sigurdson wrote in an 2/22/25, 6:13 Writing \| Prove It Project 7/50 email. The University denied a public records request for all of the documents under OIE\u2019s internal investigation because \u201cdoing so would be contrary to the best interests of the state and to the privacy interests of the complaining individuals and any other witnesses who participate in the investigative process,\u201d the records request response letter said. Sigurdson said these reports are \u201cprivate by practice and policy\u201d because they are investigating charges that may be founded or unfounded, and to prevent people from being afraid to report or participate as witnesses in the future. \u201cBecause of the nature of discrimination, harassment, or retaliation complaints, allegations often cannot be substantiated by direct evidence other than the complaining individual\u2019s own statement,\u201d the University\u2019s Nondiscrimination and Anti-Harassment policy states. \u201cLack of corroborating evidence should not discourage individuals from seeking relief under this policy.\u201d New campus efforts aim to make a model school The university has started to introduce plans to improve student resources and streamline reporting avenues, but some campus stakeholders say it\u2019s not yet enough. In fall 2018 hired a new Title director and two survivor advocates who are not mandated reporters in the Women and Gender Resource Center. Ron Wilson is bringing years of constitutional and civil rights law experience into his new role as UA\u2019s Title director. Wilson has previously served as a Title investigator at Edinboro University in Pennsylvania. Wilson said part of his decision for accepting his new position was because of the potential he sees in student involvement surrounding equity issues. His appointment came at a time when was reckoning with its history of 27 sexual and domestic violence investigations into athletes and athletic department employees in a six-year span 2/22/25, 6:13 Writing \| Prove It Project 8/50 while simultaneously defending itself against Title lawsuits, according to reporting from The Arizona Daily Star. \u201cStudents, first and foremost, are a driving force behind this,\u201d he said. \u201cIt was clear from the very first moment that Title was proposed as an amendment that the intent was to protect students, and so we have to have student involvement, and you have to have student engagement, and you have to have students at the table at every step of the way.\u201d He said he wants the campus to \u201cgo above and beyond\u201d what it\u2019s required to do under Title guidelines. In January, Wilson said the university was in the process of hiring more deputy Title coordinators to work with him. Also in January, both the offices of Wilson and University President Robert Robbins sent mass emails to the student body about Title reminders, ways to connect with the survivor advocacy program, and a campus climate survey regarding sexual misconduct concerns. The campus climate survey was sent to all students on Feb. 1 from the Dean of Students Office and closed on March 3. Westat, a social science research firm, administered the confidential and voluntary survey about experiences with sexual assault and sexual misconduct. Ron Wilson is the new Title director at UA. He previously served as the Title coordinator for gender 2/22/25, 6:13 Writing \| Prove It Project 9/50 equity in sport and Title investigator at Edinboro University in Pennsylvania. Photo courtesy of the University of Arizona. \u201cThe results will be used to guide policies to encourage a healthy, safe and nondiscriminatory environment at University of Arizona,\u201d the email with the survey link said. \u201cIt is important to hear from you, even if you believe these issues do not directly affect you.\u201d The survey is similar to one administered to in 2015 but includes slight revisions, Lucas Schalewski, associate director for assessment, research, and grant development, said in an email. The results of the survey should be available in late summer, and the findings should be posted online in fall 2019, he said in an email. One of the January emails from the president\u2019s office announced the creation of a Department of Title IX, Equity, and Inclusion (DEI), which would essentially consolidate the Title and Office of Institutional Equity responsibilities. Wilson will oversee the new unit, the email said remain committed to making the a national model for our approach, and the will become a benchmark to which other colleges and universities around the nation will look for guidance, direction, and technical support,\u201d Robbins\u2019 email said. Robbins was contacted for an interview about the school\u2019s progress of obtaining the changes and assessments outlined in his emails. \u201cWe don\u2019t typically schedule the president for interviews on student projects or research,\u201d Sigurdson responded in an email, \u201cbut can put you in touch with the appropriate administrators over the area of interest. In this case that would be Ron Wilson, copied here.\u201d Wilson said he is excited about the possibility of deploying campus- wide internal training, prevention, awareness and education programming. He also said has the opportunity to become a place where potential Title coordinators and investigators can receive training and certification. In the future, he also hopes to see the Consortium on Gender-Based Violence being nationally recognized for its research. 2/22/25, 6:13 Writing \| Prove It Project 10/50 Elise Lopez is the inaugural director of UA\u2019s recently-launched Consortium on Gender-Based Violence. Previously, she was the assistant director of relationship violence programs in the college of public health. In 2015, she served as a U.S. delegate to the Ontario government Women\u2019s Directorate\u2019s Summit on Sexual Violence and Harassment. In 2017, she served as a liaison to a criminal justice task force for the American Bar Association focusing on college student due process rights and victim protections. \u201cTypically what happens on campuses and other places, whether we\u2019re talking about violence or any other kind of topic, is we spend all these resources and time and energy developing and implementing programs and then we kind of do it as a check box,\u201d she said. \u201cWe don\u2019t really evaluate it. Or we do, but we don\u2019t really critically ask \u2018did this work or not?\u2019\u201d One initiative from the consortium is to create an \u201cinnovation fund\u201d that would seed fund people\u2019s ideas for large or small projects on sexual assault education and prevention, she said. Students, student groups, faculty and staff would be able to apply for funding for their ideas. The goal is to decide who will get funding to develop their ideas by the end of the spring 2019 semester. In comparison from five years ago, Lopez said is making efforts to try new approaches to education and prevention \u2013 a trend she thinks is partially due to increased federal attention on the issue around 2014. Still has never had enough capacity to reach its desired goals, she said. 2/22/25, 6:13 Writing \| Prove It Project 11/50 has over 40,000 students, but one person funded as a sexual assault prevention staff member, some graduate assistants and a team of undergraduates tasked with sexual assault prevention programming, she said. Elise Lopez is the director of the Consortium on Gender-Based Violence. Photo by Nividita Chatani/ College of SBS. Picture courtesy of the don\u2019t think there\u2019s anybody who would say that that\u2019s sufficient,\u201d she said. \u201cAnd yet that\u2019s where the funding level has been. So think if we really want to make a dent in sexual assault prevention, we have to put more funding toward it. We absolutely need more staff working on this. We need more student involvement. We need more financial resources to help us create more sexual assault prevention programming.\u201d Over 40% of sexual assaults reported to happened in student dorms In April 2016, a student reported to that she was raped by an acquaintance in the Apache-Santa Cruz dorm. Her report was the fifth sexual assault report made to in 2016; 21 reports of sexual offenses were made to by the end of 2016. The student told police that about a month prior to making the report she assisted a male student back to his dorm room after seeing him \u201cvery intoxicated\u201d at Highland Market, according to campus police 2/22/25, 6:13 Writing \| Prove It Project 12/50 records. She said she had met the student before through mutual friends, and they had watched together. Once the students had reached his room, the woman said he attempted to force her to perform oral sex on him. After she refused, she told police he began sexually assaulting her on his bed. After she told the student to stop twice, he told her to \u201cstop being lame,\u201d and continued raping her, according to the document of the woman\u2019s interview with UAPD. She also told police that she had been less social with her friends since the alleged assault and had been staying inside her room for most of the past month since it occurred. She said she decided to file a report that day because she saw the other student again and felt re- triggered. The residence hall\u2019s community director told police she would offer the woman an emergency relocation to a different dorm. The woman told she did not wish to press charges against the other student. Between Aug. 1, 2013, to Oct. 19, 2018, 39 of the 90 sexual offense reports received by were believed to have occurred in on- campus student housing. In both completed and attempted rapes, about 90% of victims know the perpetrator, according to the National Institute of Justice, otherwise known as acquaintance rape. 2/22/25, 6:13 Writing \| Prove It Project 13/50 In an approximately five-year time span, campus police received 90 reports of sexual violence. Nearly half of the assaults were believed to have occurred in student residence halls, and over 25% were believed to have occurred in fraternity houses. Infographic by Jessica Suriano. Several apartment complexes for students are located just outside of on-campus boundaries: the Hub at Tucson, Sol y Luna and the Urbane apartments. Between Jan. 1, 2013 to Aug. 27, 2018, Tucson Police Department received four reports of sexual assault at Hub at Tucson and five reports of sexual assault at Sol y Luna received zero reports from Urbane apartments between its opening date to Aug. 27, 2018. While almost half of the sexual assault reports received in a roughly five-year time span were believed to have happened at a dorm, the majority of sexual assaults of students attending large universities occur off-campus, according to data collected by the Associated Press. Between Jan. 1, 2009 to Aug. 1, 2018 received 165 reports of sexual assaults within a one-mile radius of the center of campus said information for incidents prior to 2009 was not available, and a change in the FBI\u2019s crime classification system could account for more reports to be counted as a sexual assault after 2013. \u201cSexual assault/rape,\u201d as defined by the Uniform Crime Reporting Classification System, now allows for more actions taken without consent against a person of any gender to be classified as sexual assault, whereas the definition prior to 2013 stipulated rape as only \u201cof a female forcibly and against her will.\u201d Of the 165 sexual assaults within a one-mile radius of campus reported to TPD, 73 incidents were reported at the Banner University Medical Center. However said just because a crime was reported at does not mean the sexual assault was believed to have occurred at BUMC. Through their database said they can\u2019t determine how many of the 165 reports came from students. 2/22/25, 6:13 Writing \| Prove It Project 14/50 Tucson Police Department received 165 reports of sexual assaults within a one-mile radius of campus between Jan. 1, 2009, to Aug. 1, 2018. 73 of these reports were made at Banner University Medical Center. Graphic made by Tucson Police Department and included in records request response. Annie McCabe was a Resident Assistant in the Arizona-Sonora dorm during the 2015-2016 academic school year while she was an undergraduate student, and she said the resident assistants had to complete a one-week training for handling a variety of situations with students living in the dorms, including sexual assault. \u201cFrom what can remember, the first thing was to state that we\u2019re a confidential source,\u201d she said. \u201cHowever, if it is something that we feel is of harm to themselves or someone else, we are obligated to report it. So letting them know that we would be reporting it to higher authority if they disclosed something that we felt was of a threat to them.\u201d While students could disclose to their resident assistants, McCabe said, she said they would stay as involved or as uninvolved as the student preferred throughout the reporting process. Jamie Matthews, associate director for residential education at UA, said resident assistants are mandated reporters if students tell them that they have been sexually assaulted. 2/22/25, 6:13 Writing \| Prove It Project 15/50 Sergeant Cindy Spasoff said campus police knows sexual assaults are underreported by the student body, but she also understands it is a student\u2019s choice whether or not to pursue the reporting process through the police. \u201cI\u2019m frustrated that we live in a society that it\u2019s become socially normalized,\u201d Spasoff said. \u201cThat campus sexual assault is just a thing, and don\u2019t like that. That\u2019s the part that frustrates me. That we haven\u2019t raised our students better, that we haven\u2019t as a society grown into an aspect where this is unacceptable and that we\u2019re not going to tolerate it anymore, and that it continues to happen. That\u2019s the part that\u2019s frustrating Greek Life has a sexual violence and harassment problem Of the 90 sexual violence offenses reported to the University of Arizona Police Department in an approximately five-year time span, over one-fourth were believed to have occurred at a fraternity house on campus. In that time frame received 25 reports of sexual assault or forcible rape that were believed to have occurred at fraternities housing either chapters that have since lost recognition on campus, or remain active chapters as of spring 2019. Those 25 reports account for about 28% of the 90 total sexual offense reports in this time span. The amount of undergraduate students enrolled in a Greek organization is 17.2% \u2013 a significantly lower proportion than the frequency of alleged offenses committed at fraternity houses. At least three studies have found fraternity men are three times more likely to commit rape than other men on campus. Among the fraternity houses included in the 25 reports are the addresses for Alpha Kappa Lambda, Kappa Sigma, Alpha Sigma Phi, Sigma Alpha Epsilon, Alpha Epsilon Pi, Sigma Chi, Pi Kappa Alpha, Sigma Alpha Mu, Delta Tau Delta, Sigma Phi Epsilon, Zeta Beta Tau, Phi Delta Theta, Theta Chi, Beta Theta Pi, and Phi Gamma Delta. During the fall 2018 term, Alpha Kappa Lambda lost recognition through May 31, 2022 after the Dean of Students office investigated 2/22/25, 6:13 Writing \| Prove It Project 16/50 allegations of violating sanctions, possession of drug paraphernalia and threats to harm one chapter member and his girlfriend. In Summer 2018, Kappa Sigma lost recognition through May 2023 after an investigation concluded chapter members held \u201cevents with alcohol while under sanction, assaulted individuals hired to provide security and created a fund to hide activities from the university,\u201d according to a news release from the university. Sigma Alpha Epsilon also lost recognition in Summer 2018 after an investigation into health and safety violations. Alpha Sigma Phi lost recognition in fall 2017 through May 31, 2021 because of a Dean of Students investigation into allegations of endangerment, unauthorized possession of alcohol and hazing. Delta Tau Delta lost university recognition in July 2015 after the national office suspended the chapter for repeated violations of risk management policies and new members\u2019 poor academic performance. Alpha Epsilon Pi, Pi Kappa Alpha, Sigma Alpha Mu, Sigma Phi Epsilon, Zeta Beta Tau, Phi Delta Theta, Theta Chi, Beta Theta Pi, and Phi Gamma Delta are still active fraternity chapters within The Interfraternity Council at UA, along with 10 other chapters. 2/22/25, 6:13 Writing \| Prove It Project 17/50 The Sigma Alpha Epsilon fraternity house at the University of Arizona is known for the lion statues in the front. The chapter at lost recognition in Summer 2018. Photo by Jessica Suriano don\u2019t want to do this.\u201d In August 2017, a freshman who had been on campus for less than a week told she was raped by a Sigma Alpha Mu fraternity member during a party at the chapter\u2019s house. David Lipan, 20, is the Sigma Alpha Mu fraternity member accused of pinning this student down by her wrists and assaulting her in a room in the fraternity house while she told him to \u201cplease stop,\u201d that she was \u201ctoo drunk to do this,\u201d and don\u2019t want to do this,\u201d according to the report and Pima County Superior Court records. The student and her friends were offered shots of alcohol at the party before the alleged assault and were \u201cberated\u201d when they hesitated to drink, and were told \u201cthe whole point of frat parties was to get drunk and have sex with a frat boy,\u201d according to interviews included in the police report. The report said the woman also had visible marks and bruising on her neck. In February 2018, the female student\u2019s former attorney filed a notice of claim for $2.5 million against the university, which stated \u201cThe University of Arizona and [Arizona Board of Regents] knew or should have known of the dangerous propensities of this fraternity, and should have warned students about the dangers there, should have revoked their permission to operate, should have investigated and shut down the illegal parties there, and revoked their authority to operate as a fraternity on campus to protect the students there.\u201d As a result of the university\u2019s \u201cfailure to supervise and investigate this organization on their campus,\u201d the notice of claim states, the woman has \u201cconstant anxiety for her safety, nightmares, and fear of trusting anyone or anything.\u201d The woman is also fearful of retaliation from other Sigma Alpha Mu fraternity members, according to the document. 2/22/25, 6:13 Writing \| Prove It Project 18/50 After Lipan was indicted in February 2018, he was permitted by the court to travel to the Coachella music festival in April 2018, to California in November 2018 for the Thanksgiving holiday, to Illinois and California again over winter break, and to Cabo San Lucas, Mexico, in January 2019. On December 5, 2018, Deputy Pima County Attorney Alan Goodwin filed in court a notice that the State of Arizona is intending to prove Lipan has a pattern of past behaviors, outlining a testimony that Lipan allegedly sexually assaulted someone before in Naperville, Illinois, in 2015. In 2015, Lipan, then 17 years old, picked up a then 14-year-old high school student in his car, and drove her to a parking lot even though the girl thought they were going to a Dunkin\u2019 Donuts, the court document claims. Lipan then allegedly turned off the girl\u2019s phone, removed her clothes, and began \u201chugging her in a way she found inappropriate,\u201d according to the document. Then, Lipan forced the girl to perform oral sex on him twice before driving away and leaving her alone in the parking lot, according to the testimony in the document. Lipan and his legal counsel argued the testimony should not be allowed to be used in the trial for various reasons in court documents, including that there was no police investigation into the alleged assault at the time and that the testimony was taken several years after the alleged assault. The State disputed these arguments in another court document, arguing that the testimony of the second woman from Illinois demonstrates a pattern of behavior. In April 2019, Lipan\u2019s defense counsel submitted its list of witnesses and defenses. The document stated Lipan\u2019s team would plan to have another Sigma Alpha Mu fraternity member, the fraternity president, and a Title investigator testify during the trial, as well as the female student\u2019s parents, brother, and boyfriend. On January 25, 2019, Lipan rejected his plea deal, which would have entailed Lipan pleading guilty to a class 5 felony count of sexual abuse and 0.5 to 2.75 years in prison, according to The Arizona Daily Star. 2/22/25, 6:13 Writing \| Prove It Project 19/50 However, the plea deal also included a possible probation sentence instead of any prison time. Lipan\u2019s five-day jury trial was going to start on March 26, 2019, but was postponed to July 9, 2019, according to court documents. The jury selection is supposed to take place during the last week of June. Sigma Alpha Mu is currently not under any university sanctions, but during the fall 2016, spring 2017, and fall 2018 terms, the chapter had code of conduct violations for either endangerment or alcohol infractions. The woman \u201cbelieves the culture of the University of Arizona must change,\u201d so that assaults will not continue to happen at UA, according to the notice of claim. When brotherhood becomes dangerous \u201cThere\u2019s something powerful about being a member of a club that has shared symbols and shared secrets,\u201d Alan DeSantis, University of Kentucky professor and author of Inside Greek U: Fraternities, Sororities, and the Pursuit of Pleasure, Power, and Prestige, said in a phone interview. \u201cAnd that\u2019s part of the attraction, but also it\u2019s part of the danger as well.\u201d There is a plethora of research available on the sociological phenomena at play in college fraternities, their chapter houses, and parties, but a prevailing idea is that the role of peer support among young men combined with alcohol, newfound freedom from home, and harmful gender stereotypes, can create a perfect storm. Hyper-masculine men, DeSantis said, can \u201ccelebrate guys that are aggressive and violent. They celebrate guys who are ladies\u2019 men, who get laid a lot.\u201d In his research, he said he found that sorority women were slut- shamed or scolded for exhibiting any type of \u201covert sexuality\u201d whereas fraternity members were \u201chigh-fived\u201d for the same behavior. Mary Koss, a Regents\u2019 professor at in the Mel and Enid Zuckerman College of Public Health, published the first national study sexual assault among college students in 1987. 2/22/25, 6:13 Writing \| Prove It Project 20/50 \u201cFraternity membership itself does not promote sexual aggression,\u201d she said in an email. \u201cPeer support for competitive sexual conquest, pressure and opportunity to drink to excess, and a physical environment presenting opportunities to rape are risks for rape and are all found in fraternity living.\u201d Fraternities are not the only places to see similar patterns in male- dominated spaces, according to Lauren Leif, the interim director of Fraternity and Sorority Programs. Military groups and sports teams can exemplify this culture too think those areas, fraternities especially because of the age group, are a place for perpetrators to seek out in a lot of ways,\u201d Leif said. \u201cIf you want to find somewhere to hide out, that\u2019d be a good place to do it, right? And have access to people to assault.\u201d DeSantis also related the ways fraternity men bond is similar to the dynamics at play in military groups, sports teams, or street gangs. \u201cThe more we invest, the more we\u2019re invested in the groups,\u201d he said. \u201cSo don\u2019t think there\u2019s anything really magical about fraternities, per say, but in America, there\u2019s not a whole lot of other groups that specifically do what these organizations do.\u201d Lauren Leif is the interim director of Fraternity and Sorority Programs at the University of Arizona. Photo courtesy of the University of Arizona. Marcos Guzman, interim assistant director for Fraternity and Sorority Programs, said he tells fraternity men don\u2019t think you create rapists or predators think you attract them,\u201d because of the environment that is sometimes created within fraternities. He said the 2/22/25, 6:13 Writing \| Prove It Project 21/50 aim of their programming is to address and correct \u201cthis kind of sense of toxic masculinity.\u201d \u201cSo that education think focuses on those students who know that this is wrong and to look for it within their membership because of the environments that are created,\u201d he said. \u201cLike the parties, dark rooms, lights going everywhere, and the music\u2019s so loud, alcohol flowing; how can you possibly know what everyone is doing?\u201d Leif and Guzman are aware of how fraternities, and their underage members, access alcohol for parties think we all know it\u2019s easier to get access to alcohol when you\u2019re underage when you have a network of people that are of-age,\u201d Leif said. \u201cAnd so we know that that obviously contributes to sexual assault across the board.\u201d Many fraternities offer the opportunity for some members to live in the chapter\u2019s on-campus house. Leif said she is \u201cnot a fan of fraternity housing.\u201d She said Greek Row housing at originated when there weren\u2019t enough dorms to house more students, but Greek life housing \u201cobviously brings a lot of struggles.\u201d The Kappa Kappa Gamma sorority built the first on-campus house at in 1923. \u201cSo it\u2019s kind of funny because we\u2019ve created our own monster,\u201d Leif said. Parties and alcohol use are common in American universities. At UA, when parties want to serve alcohol, presumably only to people 21 years old or older, they are considered \u201cregistered\u201d through the university and typically employ security guards to monitor who is drinking alcohol at the event. Unregistered parties might be included in reports, and then the chapter would answer to the Greek Standards Board or Dean of Students office, Leif said, and either way, the probable outcome is sanctions. Leif said her office receives reports a few times a month about alcohol transports, noise complaints, or other violations, and Guzman said they find out about 90% of unregistered parties. Guzman said 2/22/25, 6:13 Writing \| Prove It Project 22/50 sometimes fraternity men might not recognize abuse behaviors from their brothers during parties. \u201cThey think everyone\u2019s a good guy,\u201d Guzman said. \u201cDon\u2019t get me wrong. You have tons of good guys, but you also have to acknowledge you got a lot of bad guys too needs to \u2018flip the script\u2019 for better sexual violence education The case against Lipan was able to go through the court system, albeit the time from the report to trial spanned nearly two years, but data shows that sexual assaults at the University of Arizona, including its fraternity houses, are not isolated incidents. While 90 reports of sexual offenses were made to in a roughly five-year span, the recently hired survivor advocates in the Women and Gender Resource Center said 170 students have come to talk to them about a sexual assault during the fall 2018 semester alone. To put this discrepancy into even more perspective, statistically only 20% of female college students ages 18 to 24 report their sexual assaults to law enforcement at all is making efforts to find new methods of preventing sexual assault, which is necessary considering the programming the university has been using for years has not made any differences, according to Lopez. \u201cMost of the time if programs aren\u2019t working, people like to ignore it because A: nobody likes to admit failure, and B: it\u2019s hard to find resources to try something new,\u201d she said. Some colleges have adopted programs such as Green Dot and other bystander intervention trainings, but Lopez said \u201ceven the best bystander education programs do not have evidence that they change actual behavior or rates of violence on campus.\u201d The Green Dot program aims to train students, faculty and staff to \u201cinterrupt situations that are imminently or potentially high-risk for violence,\u201d according to the Alteristic website. Dorothy Edwards, Ph.D., is the president of Alteristic, a civic and social organization company, and the creator of the Green Dot program. 2/22/25, 6:13 Writing \| Prove It Project 23/50 However, there is one program called \u2013 Enhanced Assess, Acknowledge, Act \u2013 that was written about in the New England Journal of Medicine and was shown to prevent rape up to two years after people completed the program. \u201cIt\u2019s literally the only program that\u2019s ever been shown to actually prevent rape, and it was done in Canadian universities,\u201d Lopez said. \u201cThe uptake on it in the U.S. has been really slow because it takes money and capacity to do it. And a lot of universities have not been willing to invest in that, unfortunately.\u201d The program was designed for first-year women university students. It was created to teach women risk cues for sexual violence in others\u2019 behavior, defensive strategies in the event of feeling threatened, and to stop blaming themselves or others who have been sexually assaulted. Still, many in higher education advocate for better ways of teaching people not to rape rather than teaching people how to protect themselves from getting raped. Jackson Katz, a social researcher, asked men what they do on a daily basis to avoid being sexually assaulted. Then he asked women. pic.twitter.com/GjniLR4iIZ \u2014 Jennifer Wright (@JenAshleyWright) September 30, 2018 Lopez is trained in EAAA, and so is Thea Cola, the Women and Gender Resource Center\u2019s coordinator for sexual assault and violence prevention, Lopez said. Lopez wants to roll out that program to the campus in fall 2019 and implement in for a five-year span, so they applied for funding from a private foundation and are waiting to see if the money will be granted. \u201cAnd so really, we\u2019ve known for more than 30 years at this point, that about one in four women will experience attempted or completed rape on college campuses in the United States, and that rate has been the same ever since then,\u201d she said. \u201cWe\u2019ve hardly seen the needle move.\u201d 2/22/25, 6:13 Writing \| Prove It Project 24/50 Although Lopez said the community is talking more about sexual assault than in past years, there are still programs at play, many aimed toward fraternity and sorority members, that are not effective because they are not targeted enough. \u201cIn the past five years, one of the things we\u2019ve seen all the way from the federal government level to our social discourse level, is this idea that we shouldn\u2019t just be focusing on how to not get raped on college campuses,\u201d she said. \u201cWe really need to be talking about perpetration prevention, and although anybody can perpetrate sexual aggression or violence, most sexual aggression and violence is perpetrated by men, and so a lot of the discussion has been around: how do we engage men in violence prevention programming?\u201d Guzman and Leif said the main programming for Greek-affiliated students is a four-tier system called Advocating Sexual Assault Prevention created through the Women and Gender Resource Center. For the first two tiers, 60% of every fraternity or sorority is required to attend the programs. Tier three, a six-week program called Wildcat Way, requires at least one student from each chapter. Tier four, a two- credit course, has not launched yet, but at least one student from each chapter is supposed to enroll in it once available. New members of a Greek organization also take online programming about drug and alcohol abuse. At orientation, new students see a presentation from campus police and the Dean of Students office about health and safety concerns. The PowerPoint presentation obtained from the Dean of Students office includes one slide with sexual assault facts. Often, messaging is also not coming from people who look like all students and are representative of different communities, Lopez said. \u201cSo one of the complaints that many colleges and institutions hear about their prevention programs is that they\u2019re too white,\u201d she said, \u201cthey\u2019re too heteronormative and they\u2019re too cisgendered.\u201d Historically, sexual assault education programming for men has proven to be challenging, according to Lopez, because most men do not see themselves as perpetrators or potential perpetrators, so they disengage entirely. 2/22/25, 6:13 Writing \| Prove It Project 25/50 \u201cMost men are not interested in sexual violence prevention and don\u2019t see it relevant to them, so they\u2019re not going to show up to workshops called \u2013 that have titles or descriptions around \u2013 toxic masculinity or healthy masculinity,\u201d she said. \u201cThey\u2019re not thinking about their masculinity, you know, in the way that most women are thinking about their own gender roles.\u201d Tyler Rodriquez, a junior at and peer educator in Students Promoting Empowerment and Consent \u2013 said what differentiates toxic masculinity from its healthier form is the expression or suppression of specific emotions to fit a societal standard of what behavior is \u2018acceptable\u2019 in men. \u201cYou automatically know it\u2019s toxic when it\u2019s affecting yourself and others adversely,\u201d he said. \u201cSo if you have anger management issues or if you are troubling people emotionally just with how you\u2019re acting or how you\u2019re presenting yourself, that\u2019s a clear cut sign of basic toxic masculinity.\u201d Aysia Arias, a senior student, is also a peer educator for in the Women and Gender Resource Center. She said masculinity becomes unhealthy when \u201cgender roles are followed with violence feel like from a very early age, boys are socialized to either not cry or not show emotions or be competitive,\u201d she said. Toxic masculinity contributes to men dying by suicide about 3.5 times more often than women, she said, showing that it harms not only others in society but also men themselves. The Me Too movement has furthered the conversation of toxic masculinity in the media landscape, too. Arias said it wasn\u2019t until joining that she started understanding what toxic masculinity meant, and Rodriquez said Me Too helped shift the topic into the public view think we really need to flip the script on how we approach it,\u201d Lopez said. \u201cAnd think it\u2019s also going to take more than quick fixes.\u201d Debating the pros and cons of university Greek Life Guzman and Leif said there are positives to joining the 17% of undergraduate students enrolled in a Greek organization, such as 2/22/25, 6:13 Writing \| Prove It Project 26/50 higher retention rates of Greek students versus non-Greek students, larger professional and social networks, and increased chances of finding a successful job after college. \u201cYou can look at it at the bottom dollar; Greek students are typically more engaged with the university and its system, and are more likely to give back once they\u2019ve graduated,\u201d Guzman said. \u201cEmployers seek fraternity and sorority members at a much higher rate due to their leadership experience.\u201d Both Guzman and Leif also said Greek-affiliated students have higher retention rates between freshman and sophomore year. At UA, they are almost 10% more likely to continue on to their sophomore years than students who are not a member of a Greek organization. \u201cIn addition to that, more likely to receive a job offer that they wanted to receive,\u201d Leif said. \u201cYou can probably find a job, not necessarily the job that you want, and Greek students are finding the job that they want.\u201d The construction of the Geraldo Rivera Greek Heritage Park was made possible by a $500,000 donation from journalist Geraldo Rivera and his 2/22/25, 6:13 Writing \| Prove It Project 27/50 wife, Erica. It is located between North Cherry Avenue and North Vine Avenue on Greek Row. Photo by Jessica Suriano. DeSantis, author of Inside Greek U, said in a phone interview that the opportunities Greek-affiliated students see after college might not have \u201ca whole lot to do with the effect of the Greek organization.\u201d In his book, DeSantis cites numbers from the Center for the Study of College Fraternity: 85% of U.S. Supreme Court justices have been fraternity men since 1910 and 85% of Fortune 500 executives have been fraternity men. \u201cWhile it\u2019s impossible to say because we\u2019re not running two simultaneous universes would hazard to guess that those that become leaders, would have become significant leaders in the business world or the legal world or the political world with or without the impact that the Greek organizations play,\u201d DeSantis said. Sorority and fraternity memberships can come with hefty price tags that are not conducive to many students\u2019 budgets. At the University of Arizona, the Panhellenic sorority chapter with the priciest new member fee is Gamma Phi Beta at $2,552, according to the spring 2019 costs of membership. Active member fees including housing costs for Panhellenic sorority chapters can total between $3,000 to just over $4,000. The Interfraternity Council chapter at with the priciest new member fee is Sigma Chi at $2,600. Active member fees including housing costs for Interfraternity Council chapters can total between about $2,000 and up to $6,000. In a 2015-2016 survey of 1,260 undergraduate students, of those students who indicated they were members of a social fraternity or sorority, 49.7% were white whereas only 4% identified as Asian/Pacific Islander, 10.5% as Hispanic or Latino, 15.8% as multiracial, and 16.7% as black or African American. \u201cUnfortunately think the role that they serve is antithetical to the goals of higher education,\u201d DeSantis said. \u201cThat they\u2019re surrounded by like-minded people, almost always from the same social-economic and ethnic groups, and in fact think it retards the sense of intellectual 2/22/25, 6:13 Writing \| Prove It Project 28/50 and cultural growth that we hope happens at higher education, universities and colleges.\u201d With more than nine million alumni of fraternities and sororities in the job force, Greek alumni networks are reinforced with every new graduating pledge class. Alumni networks equal support for a university, both in loyalty and money. At least one study concluded that male alumni of Greek organizations donated significantly more money to their alma maters than non- Greek students. DeSantis\u2019 research shows these alumni members are the same ones occupying powerful leadership roles in many professional spheres. DeSantis, who was a fraternity man in college, said \u201chumans are inherently gregarious,\u201d and there are \u201cvery few people that are solely individualistic and isolated.\u201d Even students who don\u2019t pledge to a chapter will seek out a close-knit group of friends, he said. \u201cSo think what Greek organizations do, is they give us a club to belong to, and they give us these shared narratives that we buy into, kind of like a religion,\u201d he said. \u201cAnd it elevates these clubs. These clubs are more than just a bowling club. These are your \u2018brothers\u2019 or \u2018sisters,\u2019 and we live in a house together, and we suffered through pledging together.\u201d The also has chapters for historically black fraternities and sororities, known as the Divine Nine. DeSantis said his research showed black Greek organizations create \u201clifelong ties\u201d more effectively than predominantly white Greek chapters. The majority of the Divine Nine chapters are members of the United Sorority and Fraternity Council, which also includes identity-based chapters not included within or Panhellenic. Some examples are Delta Lambda Phi, a fraternity founded by gay university men, or Gamma Rho Lambda, for queer, transgender, non-binary and allied students. DeSantis said he found that \u201celite groups,\u201d Greek chapters that have the highest or most sought-after social standing and large networks, have \u201cfar less diversity\u201d than lower-tier chapters, or ones with less social capital. 2/22/25, 6:13 Writing \| Prove It Project 29/50 \u201cOn my campus can almost \u2013 give me two guesses, and can tell you what fraternity or sorority my students are in, just by the way they look,\u201d he said. Is it time to shut down the party? Over the past couple of years, some universities have decided to indefinitely suspend their entire Greek life systems. Not only would this remove over 100 years of history and tradition from campus, but it also wouldn\u2019t help mitigate sexual assault or binge drinking, according to Guzman. At least with an established structure for fraternity and sorority programs, there is a protocol system with some oversight, he said. \u201cIf we have our programming and our office and that reach to those students, isn\u2019t that a little bit better than just kind of flushing them out there, where we have no idea where they are or what they\u2019re doing?\u201d he said. Despite improvements that need to happen, Leif said there is still a valuable place for Greek organizations on UA\u2019s campus think the Greek experience is a valuable one,\u201d she said. \u201cObviously there\u2019s a lot of areas that need to be kind of fixed up. And when universities make a decision to close all our chapters \u2013 or remove recognition is really what they\u2019re doing \u2013 what they\u2019re doing is creating a culture where they\u2019re punishing all of the good organizations on behalf of the bad organizations.\u201d Fraternity and sorority chapters engage in a significant amount of philanthropy and fundraising, which some say is overlooked when new headlines about Greek life make the news cycle again. According to the most recent information on the website, in the 2013-2014 academic year members raised over $20 million for philanthropy. According to the 2017-2018 National Panhellenic Council report, collegiate Panhellenic members raised nearly $28 million for philanthropy. Although DeSantis said he had a positive and important experience as a fraternity member in college, in hindsight he has been able to critically reflect on the Greek university system. He said if fraternities 2/22/25, 6:13 Writing \| Prove It Project 30/50 and sororities continue to attract students, they should probably not be directly affiliated with universities. \u201cWithout significant reform, and we can just look at the state of Greek life today \u2013 not only the number of deaths from hazing, but the number of sexual assaults on female visitors, property damage \u2013 it needs serious reform or it should be abolished,\u201d he said. The Context: Students face barriers during and after reporting sexual assault. Advocates say a culture shift is needed to change the big picture. Why sexual assaults are underreported Brenda Lee Anderson Wadley and Karyn Roberts-Hamilton, two confidential survivor advocates, started their new jobs at in August 2018. In the first five months of the survivor advocates working on campus, 170 students came to see them to discuss a sexual assault. The knowledge that sexual assaults are underreported is not new. Statistically only 20% of female college students ages 18 to 24 report their sexual assaults to law enforcement, according to the Rape, Abuse and Incest National Network \u2013 RAINN. When rapes are reported, 80% of them come from white women even though black women, multiracial women, and Native American or Alaskan Native women in the U.S. are more likely to be assaulted than white women. One U.S. Department of Justice study found that about 6% of cisgender men reported experiencing attempted or completed sexual assault since entering college. College students who identify as transgender, genderqueer, or gender non-conforming are more likely to be sexually assaulted compared to students who identify as cisgender, according to RAINN. 2/22/25, 6:13 Writing \| Prove It Project 31/50 Only 230 out of every 1,000 rapes perpetrated in the U.S. are reported to police, and of those, 46 reports lead to an arrest, nine cases are referred to prosecutors, and five lead to a felony conviction, according to RAINN. Accused rapists are less likely to serve a sentence in jail or prison than perpetrators of robberies or assault and battery crimes. Infographic by the Rape, Abuse & Incest National Network. rainn.org/statistics \u201cThe of is a microcosm of the U.S., and so think a lot of times people are like \u2018Oh, we\u2019re at of A, we\u2019re in this bubble, nothing bad happens,\u2019 however statistics state that 1 in 4 women on this campus have been impacted,\u201d Anderson Wadley said. \u201cAnd then when you look at the community with folks who may have a disability as well as our trans students on campus, those numbers are even higher.\u201d So, why isn\u2019t sexual assault reported more often? Survivors, advocates, researchers and law enforcement officials cite many reasons, 2/22/25, 6:13 Writing \| Prove It Project 32/50 including fear of retaliation and believing the police would not or could not help. Many research studies place the rate of false sexual assault reports in the range of 2% to 8%. Still survivor advocate Roberts-Hamilton said many students are scared of not being believed, receiving victim- blaming comments, or not feeling supported by people they trust if they file a report. She said many students have no interest in pursuing a Title investigation, and in fact, the Title process can seem \u201cintimidating or scary\u201d to a lot of people on campus. \u201cAnd so sometimes, once we explain the Title process, students decide that they do want to do that,\u201d Roberts-Hamilton said. \u201cBut my thing is always like, with Title IX, you might not get the outcome or the consequences that you want. So, if we move forward with this, what are you going to get out of just the process? Is it going to be a part of your healing? And that\u2019s not something that we can determine for students, they have to make that choice for themselves. But it is common that students are re-traumatized in the process students who chose to report a sexual assault have faced victim blaming in the past. In February 2015, a student reported that she was raped in the Apache-Santa Cruz dorm to UAPD. After the student made the report, she received a Facebook message from the mother of the student accused of the rape, according to records. \u201cYou may want to drop the charges filed, as you are only going to hurt yourself,\u201d the Facebook message said. \u201cAs a polygraph test will prove his innocence and word is you \u2018get around have names of girls on your floor to confirm this to be true.\u201d The mother\u2019s message continued to say she planned to sue the student who filed the report for defamation because the student was \u201cmessing with another person\u2019s future.\u201d \u201cIf you are a decent human being with a heart, you will stop this from moving forward,\u201d the mother wrote in the same Facebook message. \u201cHe has never been in trouble. You both were at fault[;]you both are guilty. You will suffer the consequences for lying.\u201d Victim blaming exists in other spheres, too, such as the judicial court system New Jersey Superior Court judge is facing a three-month 2/22/25, 6:13 Writing \| Prove It Project 33/50 suspension after asking an alleged sexual assault victim \u201cif she tried closing her legs to prevent the attack,\u201d as recently reported by The Washington Post. Amidst Brett Kavanaugh and Christine Blasey Ford\u2019s 2018 testimonies regarding her allegations of being sexually assaulted by the now- confirmed Supreme Court Justice, President Donald Trump tweeted his doubts of Blasey Ford by writing, \u201c\u2026if the attack on Dr. Ford was as bad as she says, charges would have been immediately filed have no doubt that, if the attack on Dr. Ford was as bad as she says, charges would have been immediately filed with local Law Enforcement Authorities by either her or her loving parents ask that she bring those filings forward so that we can learn date, time, and place! \u2014 Donald J. Trump (@realDonaldTrump) September 21, 2018 In true Twitter form, the platform exploded with survivor stories marked by the hash tag \u201c#WhyIDidntReport.\u201d The outpour of stories solidified countless reasons why survivors often choose to keep their trauma to themselves for years, and sometimes forever, and also why sometimes they remember their traumas but don\u2019t remember the minutiae of the experiences. Because my boyfriend told me he would actually kill me if left him or if told anyone and when someone beats you, you believe them didn't want to die. #WhyIDidntReport \u2014 Lizz \"Executive Time\" Winstead (@lizzwinstead) September 21, 2018 2/22/25, 6:13 Writing \| Prove It Project 34/50 was humiliated knew everyone would find out was afraid it would ruin my professional reputation before had even started was afraid they would not believe me and let him hold my grade back was afraid they would not let me graduate from law school. #WhyIDidntReport \u2014 Amee Vanderpool (@girlsreallyrule) September 21, 2018 You know #WhyIDidntReport? Because when finally did lost my athletic scholarship and had to drop out of school. \u2014 daisy! (@taisydackett) September 21, 2018 The fear of disclosing a sexual assault is present in Campus Health too, according to Almader. She said students worry about their parents seeing a bill from Campus Health, even if the reason for the visit is confidential. Sometimes the cost of a visit to Oasis is a financial burden as well, she said. Oasis offers one free first visit, and any counseling visits after that cost $25 each. Almader said there is a donation-based funded for students who are completely unable to afford therapy, but it is very small. The Pima County Attorney\u2019s Office offers victim compensation to pay for expenses such as medical consultations, mental health services or loss of wages from work. There are limitations to this funding. The victim of the alleged crime must be willing to cooperate with law enforcement officers and prosecutors, and assistance is not guaranteed just by applying for the funding. Pima County\u2019s Victim Services Division can assist with referrals for counseling or providing advocates to accompany a victim throughout the court process. Police and community dynamics can hinder reporting Look at the people around you and tell them about the best sex you\u2019ve ever had. Uncomfortable? Now consider how it would feel to tell them about the worst \u2014 a sexual assault. 2/22/25, 6:13 Writing \| Prove It Project 35/50 That was what Sergeant Spasoff said she was told during part of her police training for sexual assault reporting. She said everyone might have different reasons for choosing not to tell the police about being sexually assaulted, including the fear that police officers will victim-blame during investigations, which discourages them to report crimes. However, she said she thinks has made progress in ceasing harmful practices. \u201cThere is a little bit that people feel like police are victim-blaming, and while understand and respect that don\u2019t like that,\u201d Spasoff said. \u201cIt\u2019s a very difficult process long-term where the person is re-victimized over and over again at no fault of their own, just by the process of the investigation, the court appearances, having to face the aggressor. So being able to already be vulnerable, that takes a lot. And for somebody who\u2019s trying to overcome, and survive, and move on, that may not be the best option for them.\u201d Anderson Wadley said the \u201chistorical and community trauma around marginalized identities\u201d and relationships with law enforcement can also play a role in a chilling effect for reporting sexual assaults on campus. Also, many students might also not want to disclose a sexual assault perpetrated by a male student if the police officer interviewing them is a man, she said. \u201cSo few students that I\u2019ve seen \u2013 like so few \u2013 are interested at all in contacting the police or have,\u201d Roberts-Hamilton said. \u201cAnd spend so little time talking about that as an option think that there is get the sense that there\u2019s just \u2013 not stigma because think it\u2019s based in truth \u2013 that the police aren\u2019t great at handling cases of sexual assault, and that there is the very real possibility or probability that students will be re-traumatized. Or, that nothing will happen. That is, with all of the stuff that\u2019s come out about untested rape kits think that\u2019s also a barrier just to going to get a forensic medical exam. It\u2019s like, \u2018OK, and then what? My kit is going to sit in a storage locker for 20 years? Where am going to be in 20 years?\u2019 There\u2019s a lot \u2013 there\u2019s a lot of layers.\u201d Spasoff said the main issue sees on campus regarding sexual assault is a lack of established consent between partners, which often involves drug and alcohol use. The university needs to establish more bystander intervention programming, she said, and not just in the 2/22/25, 6:13 Writing \| Prove It Project 36/50 context of sexual assault prevention, but intervention for many types of crimes common on campus. \u201cLike somebody stealing a bicycle \u2013 we can\u2019t even get people to stop and take a minute to report when somebody\u2019s taking a bicycle from another person,\u201d she said. \u201cBecause to them, it\u2019s not that big of a deal. But to the student that\u2019s having the bicycle taken, it can be life changing and the Dean of Students office give presentations at new student orientations for both students and their parents. Spasoff said the presentation to parents is important because a lot of the new students are entering college without ever having a conversation about consent. \u201cWe really like to stand up and kind of get on our soapbox and say like, \u2018we don\u2019t want your child to come to this school and the first conversation they have about sex is with one of us,\u2019\u201d Spasoff said. Survivor advocates want to see a culture shift The two new survivor advocates who started working in the Women and Gender Resource Center said an institution of UA\u2019s size should have between six to eight advocates would love to see our campus do a much more significant investment in prevention work,\u201d Roberts-Hamilton said. \u201cMost of the prevention that is done at the of is done by undergrad students, who are very minimally paid. We could be doing a lot more there.\u201d 2/22/25, 6:13 Writing \| Prove It Project 37/50 President Robbins has been \u201cincredibly supportive\u201d of the new advocacy positions, and promised to find more money to hire more advocates, according to Roberts-Hamilton. Still, she said it will take more than money to see a change in campus culture think that we could do a lot with the resources we already have, it\u2019s just about collaborative work,\u201d she said. Both of the advocates entered their new positions with extensive backgrounds in trauma-informed care. Decorated T-shirts were on display around The House of Neighborly Service, 243 W. 33rd St., for Take Back the Night Tucson 2018 on April 11, 2018. Take Back the Night is an annual event for communities to raise awareness about sexual violence and support survivors. Photo by Jessica Suriano. Anderson Wadley was working in Student Assistance, supporting students through suicidal ideations and mental health hospitalization. She said she came in contact with sexual abuse survivors in her previous position too as a mandated reporter, but she always wanted to eventually provide students with confidential support. Roberts-Hamilton worked in non-profits for five years before studying violence as a public health issue in graduate school. Before the advocate position was created, she worked in the Women and Gender Resource Center on sexual violence prevention. Anderson Wadley said the culture shift needed at can\u2019t be only student-led, and there has to be support for it coming from the 2/22/25, 6:13 Writing \| Prove It Project 38/50 administration too. \u201cSo how and in what ways has the administration backed survivors or backed helping people who have had terrible experiences here because of the impact of gender-based and sexual violence?\u201d she said. Minnie Almader is the coordinator for Oasis, the branch of Campus Health for sexual assault and trauma treatment, but she\u2019s also the only licensed professional counselor designated to Oasis counseling. She said when her schedule gets full, which it often does, two other staff members trained in trauma will help see students. She said additional resources, whether it be more counselors or assistance with outreach services, would be \u201creally helpful think all over the U.S., college students have a lot of stress, they have a lot of fear about their future, and think the Me Too movement has really made more people aware of sexual assault and harassment and stalking,\u201d she said. Almader said she wants more men involved in the discussions about sexual assault prevention and educational outreach \u201cbecause when the loved one is hurt, it affects everybody,\u201d she said. \u201cIt affects your relationship; it affects your family; it affects your friends.\u201d The Solutions: Universities around the country have started to implement new programs, but potential Title reform could change everything. Proposed Title changes add another layer of challenges The concerns about the future of sexual assault prevention and Title policy are not exclusive to the University of Arizona and can be seen nationwide. 2/22/25, 6:13 Writing \| Prove It Project 39/50 In September 2018, Christine Blasey Ford\u2019s testimony about the now- confirmed Supreme Court Justice Brett Kavanaugh reignited both passionate support and vehement disbelief of survivor stories, including on the campus. On Oct. 9, 2018, the Counselors for Social Justice Club held an event called \u201cEmpower Hour: Supporting Sexual Assault Survivors\u201d to write letters to Blasey Ford and politicians about their support, disappointment or calls to action. Frannie Neal, president of the club and graduate student, said they wanted to use the event to advocate for sexual assault survivors and criticize the decision to appoint Kavanaugh to the highest court in the country. \u201cUnfortunately think that this is more of a setback than a move forward,\u201d Neal said think that women, now, might not feel like if they even come forward, that they will be believed, or that it matters. So think that it has a huge ripple effect.\u201d University of Arizona students write letters to Christine Blasey Ford and U.S. senators during \u201cEmpower Hour\u201d on Oct. 9, 2018. Students were encouraged to 2/22/25, 6:13 Writing \| Prove It Project 40/50 express their thoughts about the outcome of the Brett Kavanaugh confirmation hearings in the letters. Photo by Jessica Suriano. U.S. Secretary of Education Betsy DeVos\u2019 proposed Title policy changes, which have been a significant point of controversy since they were introduced to the public. The proposed changes to Title regulation would grant greater protections to students accused of sexual misconduct and decrease liability for universities, according to the Chronicle of Higher Education. The Obama administration set guidelines on handling sexual misconduct investigations for colleges that receive federal funding in 2011, but DeVos rescinded them in 2017. The national debate about these proposed changes quickly erupted, dividing survivor advocacy groups and people who argue that universities did not protect students\u2019 due process rights under the previous Title guidelines. Some stakeholders are concerned these proposed changes would make an already fragmented reporting and sanctioning process more convoluted. Roberts-Hamilton, one of the survivor advocates at UA, said Title investigations \u201ctake way too long,\u201d and students who are found in violation of the university code of conduct for sexual assault are not facing consequences as serious as the actions they perpetrated. One of the most contentious provisions outlined in the proposed changes is the right of an accused student to have the accuser cross-examined. The cross-examination would be conducted by a lawyer or other adviser, and upon request, the parties could be in separate rooms while the cross-examination is completed with the use of technology. Anybody who is accused of sexual misconduct is entitled to due process rights, Elise Lopez, director of the Gender-Based Violence Consortium, said. However, setting up systems that have already proven to re-traumatize victims could lead to less people wanting to 2/22/25, 6:13 Writing \| Prove It Project 41/50 report, \u201cespecially if they feel like they\u2019re going to be treated like they are lying or like they\u2019re complicit in their own sexual assault or that they\u2019re going to be aggressively questioned in a live cross examination,\u201d she said. \u201cIt\u2019s essentially setting up a quasi criminal justice system on college campuses,\u201d Lopez said. Ron Wilson, UA\u2019s new Title director, said in an email he plans to ensure a safe educational environment for all students \u201cif or when\u201d new Title policy is implemented by the courts or Department of Education want to focus on what we know we have to do, and what we know we can do, and what we know we should do, regardless of what Washington D.C. thinks,\u201d Wilson said in an interview. \u201cAnd I\u2019m confident that with the level of student involvement and concern and interest that we\u2019re seeing here now, we\u2019re going to get there.\u201d Colleges could also opt to use a higher standard of proof under the proposed changes. Instead of using \u201cpreponderance of the evidence\u201d standard, which means it is more likely than not that misconduct occurred, colleges could use the \u201cclear and convincing\u201d standard, which is a more difficult threshold to prove with evidence would disagree with using a higher standard of proof,\u201d Lopez said. \u201cSomebody being suspended or expelled from campus for a conduct code violation think has lesser implications than somebody getting a criminal record and going to jail or prison.\u201d Colleges would also only be held accountable under Title for investigating sexual misconduct complaints that occurred on-campus or during a school-sponsored activity. This is problematic and \u201cwill definitely be harmful to people\u201d because the majority of sexual assaults at large universities happen off- campus, Lopez said. The proposed changes do not clarify if Title would cover sexual assaults that happened to students while studying abroad, which is a university-sanctioned activity outside the U.S., either, Lopez said. 2/22/25, 6:13 Writing \| Prove It Project 42/50 \u201cSo it complicates and muddies what\u2019s going to actually count,\u201d she said. \u201cAnd it doesn\u2019t mean that institutions can\u2019t do anything about sexual assault that happens off campus or outside of the U.S., but what it means is that if they \u2013 if an institution does a bad job of handling those \u2013 they\u2019re not in violation of the student\u2019s civil rights under Title IX.\u201d If a student were to report a sexual assault that happened outside of campus boundaries or outside of university-sponsored activities, the university would not have to investigate it under Title IX, but they should, Lopez said. The university wouldn\u2019t be expected to conduct \u201ca civil rights-quality of investigation,\u201d according to Lopez. \u201cAnd you know, we like to think that institutions would do the right thing, but historically we haven\u2019t always seen that happen,\u201d she said. The student who accused former professor Nathan Stupiansky of rape said she does not support DeVos\u2019 proposed changes for a few reasons. She said investigating reports of off-campus assault, especially in the contexts such as her report involving a faculty member, is \u201cstill so relevant to protecting community.\u201d \u201cHow could they not have an ethical obligation to look at that, or a legal obligation to look at that?\u201d she said. \u201cThat\u2019s crazy to me.\u201d The proposed changes, if passed, would be codified into law, not only as guidelines like the Obama-era recommendations, so the Title office would have to adhere to them. Wilson said he doesn\u2019t want the potential changes coming from the Department of Education to be the driving force behind how the school handles misconduct reports. \u201cRegardless of what they say out of Washington D.C., you\u2019re a student, and don\u2019t care whether you\u2019re here on main campus or if you\u2019re in Paris, if something happens to you want to know about it and want to make sure that you get all the help that is available,\u201d Wilson said. Colleges could also opt to employ an \u201cinformal resolution process, such as mediation, that does not involve a full investigation and adjudication,\u201d at any time if both parties voluntarily agree to it, according to the proposed changes. 2/22/25, 6:13 Writing \| Prove It Project 43/50 Informal processes could mean mediation between students, restorative justice or other methods of resolution. Anderson Wadley said resolution and healing processes for survivors are not \u201cone-size-fits-all,\u201d so universities should be exploring alternative methods of what justice looks like to different students. Roberts-Hamilton said she has met with students who want mediation, and sometimes \u201cjustice to them doesn\u2019t look punitive,\u201d but we don\u2019t have a model for that on campus. Mediation is not the best solution for all survivors, she said, but having the option \u201cwould more holistically support many survivors on campus.\u201d \u201cThere are models like that,\u201d Roberts-Hamilton said. \u201cThere are lots of ways that conversations can be facilitated in healthy ways that support survivors and prep perpetrators to be accountable. It is not a long- shot; that is not a wild dream.\u201d Lopez said she thinks \u201cmediation is wholly inappropriate for sexual assault\u201d because it is premised on the idea that there is a compromise to be made and dispute to resolve. \u201cSexual assault is not a dispute,\u201d she said. \u201cYou have a person who was clearly harmed and a person who clearly committed that harm and you don\u2019t want to come to a compromise. You want to come to an agreement about how that responsible person might readdress or repair that harm.\u201d However, Lopez said there is a difference between mediation and restorative justice, and the ladder has the potential to \u201csafely and effectively\u201d handle some cases of sexual assault if there are mechanisms in place to hold the parties accountable. \u201cAnd it can only be used with people who are willing to take responsibility for the harm they committed,\u201d she said. \u201cRestorative justice is different than mediation. Restorative justice is premised on the idea that when somebody commits a harm, they\u2019re responsible for repairing it to the extent possible, and it\u2019s voluntary, so it\u2019s not adversarial where we\u2019re concerned with fact finding and determination of guilt. And so think that Title needs to be more clear about the language it\u2019s using.\u201d 2/22/25, 6:13 Writing \| Prove It Project 44/50 To adopt informal resolution policies, Lopez said schools need to ensure they are not forced on all students looking to file a report, and facilitated by somebody who\u2019s trained in restorative justice and in the dynamics of sexual assault and intimate violence. \u201cIt can\u2019t be just, we facilitate a dialogue between these two people and then somebody gets off the hook for what they did,\u201d she said. DeVos and supporters of the proposed changes claim the measures will strengthen due process and consistency at universities after the Obama-era guidelines weakened the presumption of innocence until proven guilty for accused students. \u201cAs educational institutions, we have a responsibility to provide equity to all students, whether they\u2019re a complainant or a respondent,\u201d Lopez said. \u201cSo what that means for us is how can we create an experience for respondents that respects their constitutional rights, that respects their educational rights, that is an educational process? And that if they\u2019re found responsible, how do we put it within our educational mission to give them sanctions that are educational and therapeutic and will keep them from harming somebody else in the future Services, a Maryland non-profit that says it works \u201cfor policy reform to protect all victims, support due process, and stop false allegations,\u201d released an open letter of support for the proposed changes signed by nearly 300 professors or lawyers. Two employees signed this letter as well as one Tucson lawyer. Daniel Asia, a professor of music, and Dave Seng, a lecturer in the school of information, and Tucson attorney Steven Sherick signed the open letter that states, \u201cfalse allegations of sexual assault dissipate scarce resources and undermine the credibility of victims.\u201d Many peer-reviewed research studies place the rate of false sexual assault reports in the range of 2% to 8 Services\u2019 website propagates that up to 90% of rape reports made to police can be false, but that statistic originated in a study that has since been deemed untrustworthy because the majority of its sources were not credible and \u201cbased on unscrutinized police classifications,\u201d according to an analysis of sexual assault research studies. 2/22/25, 6:13 Writing \| Prove It Project 45/50 Sherick is the defense lawyer representing student and Sigma Alpha Mu fraternity member, David Lipan, against a 2017 rape allegation made by another student. The window for the public to submit comments to the Department of Education about the proposed changes closed on Feb. 15. Other universities try to find more effective prevention and resolution methods Other universities in the U.S. have started to test new ways of handling sexual assault reports, improve student resources and increase risk mitigation in Greek life organizations. After sophomore Timothy Piazza died from aggressive hazing while pledging the Beta Theta Pi fraternity at Pennsylvania State University, the college announced they would be launching a \u201ccomprehensive set of reforms aimed at curbing dangerous drinking, hazing, sexual assault and other negative behaviors,\u201d as well as the Timothy J. Piazza Center for Fraternity and Sorority Research and Reform. The University of California, Berkeley, has the to Care Center, which provides a wide variety of free resources for sexual assault survivors, including immediate housing relocation, accompanying students to medical exams or hospital emergency rooms, assistance with changing class schedules or managing assignment extensions, assistance initiating a police or university report, and help developing a \u201csafety plan\u201d based on the student\u2019s specific needs. The University of Michigan finalized an informal resolution policy this spring, which includes several forms of restorative justice, according to Lopez think they\u2019ve started a really great model that could be picked up by other institutions,\u201d she said. \u201cThey\u2019re sort of leading the way in that area.\u201d Harvard University has also been commended for its changes to sexual assault practices. The university\u2019s 2016-17 Title report noted that it decreased the average length of its Office for Dispute Resolution\u2019s investigations by half a month and added more staff members to that office. 2/22/25, 6:13 Writing \| Prove It Project 46/50 From fiscal year 2017 to fiscal year 2018, local Title coordinators or the Title office saw a 56% increase in the number of disclosures of potential sexual and gender-based harassment, according to Harvard\u2019s most recent report. In the U.S., 197 Title investigations of colleges for possibly mishandling reports of sexual violence have been resolved and 305 remain open, according to a database by The Chronicle of Higher Education. Students can find more information about contacting UA\u2019s survivor advocates on their website, or can refer themselves or another student to the advocates through an online form. According to the perspective of the woman who accused Stupiansky of drug-facilitated rape, an ideal system for dealing with sexual misconduct reports would be to first immediately remove the person accused from campus. She also said all investigators of accusations need to be trauma-informed. While she was working with internal investigators at UA, she said it felt like not everyone understood the nuances of experiencing a sexual assault. \u201cThe bottom line is just, people want accountability,\u201d she said. \u201cWhen there\u2019s just the systemic pressure to silence voices and not hold someone accountable, you\u2019re not going to see any change no matter what they do to change their policies and procedures just still feel like they\u2019re not addressing a lot of the things that had issues with.\u201d 2/22/25, 6:13 Writing \| Prove It Project 47/50 The woman said she appreciates the effort to centralize the reporting process with the new Department of Title IX, Equity, and Inclusion (DEI), but she\u2019s \u201cnot convinced the response is going to be any better.\u201d \u201cThe Arizona Wildcat Family\u201d bronze statue is on the Mall in the Alumni Plaza. Photo by Jessica Suriano. She decided to move out of Tucson to complete her degree program, and she said the once-positive experience she had at the is nothing more than a memory. 2/22/25, 6:13 Writing \| Prove It Project 48/50 It is approximately one year and seven months since she filed her complaint against the former professor, and she said her feelings could be summarized as \u201ccompletely let down just loved being in Tucson and loved being at the school, and this ruined everything for me,\u201d she said couldn\u2019t get out fast enough, and just cannot wait to finish my degree because I\u2019m so frustrated with the school.\u201d She\u2019s tried to communicate to the university how the reporting process could improve. She said change boils down to a few basic elements that students want from their institutions. \u201cIdeally, there\u2019d be accountability, transparency, and they would actually take steps to change a lot of the issues they know that they have \u2013 because told them,\u201d she said. -30- Published April 23, 2019 theproveitproject.com \u00a9 Jessica Suriano 2019 jessicasuriano.com 2/22/25, 6:13 Writing \| Prove It Project 49/50 j 2/22/25, 6:13 Writing \| Prove It Project 50/50"}
8,638	Peyman Farzinpour	Berklee College of Music	[ "8638_101.pdf", "8638_102.pdf", "8638_103.pdf", "8638_104.pdf" ]	{"8638_101.pdf": "(/) Upcoming Event (/SUBSCRIBE) Home(/) > News Story(Https://Rilawyersweekly.Com/Blog/Category/News-Story/) > Title doesn\u2019t preempt Title employment claim Title doesn\u2019t preempt Title employment claim Prof accuses college of biased disciplinary probe By: Eric T. Berkman ( // February 12, 2021 // 5 Minute Read snt-preempt-title-ix- web- 0employment%20claim) (mailto:?subject=Title doesn\u2019t preempt Title employment claim&body=Title of the federal Civil Rights Act did not preempt a Title claim brought by a college professor who accused his employer of conducting a biased investigation into... You can read the content in details following link https%3A%2F%2Frilawyersweekly.com%2Fblog%2F2021%2F02%2F12%2Ftitle- vii-doesnt-preempt-title-ix-employment-claim%2F) Listen to this article Title of the federal Civil Rights Act did not preempt a Title claim brought by a college professor who accused his employer of conducting a biased investigation into allegations that he sexually harassed a student, a U.S. District Court judge in Massachusetts has ruled. The plaintiff, Berklee College of Music Professor Peyman Farzinpour, was accused by an undergraduate student of making unwelcomed sexual advances, which he denied. After a subsequent Title proceeding, allegedly conducted \u201cthrough the lens of the student,\u201d the school found the plaintiff responsible and issued sanctions. After Farzinpour allegedly complained about the process to a group of students, he was terminated. In response, he brought a Title employment discrimination claim against the school alleging gender bias in its investigation. Berklee argued in a motion to dismiss that Title preempted his claim of sex discrimination under Title IX. But Judge Patti B. Saris disagreed. \u201cTitle provides that \u2018[n]o person shall, on the basis of sex, \u2026 be subjected to discrimination under any education program or activity receiving Federal financial assistance,\u2019\u201d Saris wrote in her 23-page decision in Farzinpour v. Berklee College of Music. \u201cThe plain language of the statute suggests that Title was intended to provide private recourse for more than just students. \u2026 For all of the reasons above, the Court denies Berklee\u2019s motion to dismiss Farzinpour\u2019s Title claims.\u201d Saris also denied Berklee\u2019s motion to dismiss retaliation claims that Farzinpour brought under Title and Chapter 151B, the Massachusetts anti-discrimination statute. Solidifying the position Boston attorney Tara J. Davis, who represents the plaintiff, said Farzinpour is an important decision because, unlike Title VII, there are no administrative remedy exhaustion requirements before bringing a Title employment claim. Additionally, she said, Title provides an opportunity for injunctive relief. Sign In (/User-Login/?Dmcss=Login) Select Region or Brand Manage Account News (/blog/category/news- story/) Events (/events/) Opinion Digests (/blog/category/opinion- digests/) Verdicts & Settlements (/blog/category/verdicts- settlements/) Classifieds ( Press Releases (/blog/category/pe in-the-law/) Search... 2/22/25, 6:13 Title doesn t preempt Title employment claim Rhode Island Lawyers Weekly 1/6 \u201cLooking at the plain language of the Title statute, it\u2019s not limited to students,\u201d she said. \u201cThere\u2019s nothing in the language itself that precludes an employee from bringing this type of action.\u201d Boston employment attorney Naomi R. Shatz, who handles Title cases, said Jackson v. Birmingham Bd. of Educ. undermines any argument that Title displaces Title employment claims. In the 2005 Jackson case, the U.S. Supreme Court held that a high school basketball coach could bring a Title claim after being fired for complaining that the girls\u2019 team he coached was denied equal treatment. \u201cThe litigation in [Farzinpour] shows that some employers may continue to argue or believe there\u2019s a plausible argument to be made that Title displaces employees\u2019 rights under Title IX, but think this opinion is one more nail in the coffin for that argument,\u201d Shatz said. \u201cAttorneys who work in this area need to make sure they know the full scope of their clients\u2019 claims and the potential avenues they can pursue.\u201d Sonja L. Deyoe, an attorney in Providence who handles Title cases, flagged Farzinpour as an important decision across the 1st Circuit, not just for Massachusetts. \u201cWhenever another District Court in the circuit makes a decision like this, it will be looked at by the judges in our district,\u201d she said. \u201cIt will be given some weight.\u201d Colby Bruno, senior legal counsel at the Victim Rights Law Center in Boston, said the decision is useful in that many people have wrongly interpreted Title to signify the rights of an accuser in an on-campus sexual misconduct proceeding when, in fact, its purpose is fairness and equity to all involved in the process. Still, she said, the plaintiff in Farzinpour will face challenges in winning his retaliation claim. \u201cWe have seen a lot of retaliation cases, and it is quite difficult to meet the threshold that the adverse employment action is causally linked to the protected conduct,\u201d Bruno said. Similarly, Providence employment attorney Matthew H. Parker pointed out that for the plaintiff to prevail on his Title claim, he likely would need to show discriminatory animus by identifying female employee comparators who received more favorable treatment than him or by showing evidence of bias. \u201cHe will not be able to point to the complainant [in the underlying harassment claim] as a comparator because she was a student and he was a professor,\u201d Parker said. Berklee\u2019s attorney, Daryl J. Lapp of Boston, did not respond to requests for comment. Biased proceeding? In late July 2019, an undergraduate student filed a Title complaint with Berklee. \u201cThe litigation shows that some employers may continue to argue or believe there\u2019s a plausible argument to be made that Title displaces employees\u2019 rights under Title IX, but think this opinion is one more nail in the coffin for that argument.\u201d \u2014 Naomi R. Shatz, Boston 2/22/25, 6:13 Title doesn t preempt Title employment claim Rhode Island Lawyers Weekly 2/6 According to the student, she and Farzinpour went to several off-campus establishments after class one evening, during which he commented on her figure and suggested they engage in sexual activity. Farzinpour denied the allegations and claimed that the student had, in fact, sexually harassed him by bringing up the topic of her breasts and body shape and sexually propositioning him during the outing. The college put Farzinpour on administrative leave. On Aug. 5, 2019, Farzinpour met with Berklee\u2019s Title coordinator, Kelly Downes, who allegedly told him the investigation would be \u201cfair, equitable and balanced.\u201d She also told him he could request an investigation of the student if he felt she had engaged in harassing behavior. Title investigator Jaclyn Calovine subsequently interviewed Farzinpour, during which she allegedly displayed behavior indicating a bias against him. For example, she allegedly made a \u201cvery surprised and disapproving facial expression\u201d upon learning that he met with students over coffee or meals. On Aug. 8, Farzinpour reported the student for sexual harassment. Downes decided not to issue a complaint, allegedly because she needed to make sure it was not retaliatory in nature. At some point, a group of students told Berklee\u2019s equity office that Farzinpour\u2019s accuser had discussed the Title proceeding with them, sharing a false and graphic story of the alleged incident and claiming she had \u201cgotten Farzinpour fired.\u201d Farzinpour contacted Downes with concerns about that apparent breach of confidentiality but received no response. Three weeks later, Calovine allegedly told Farzinpour in a second interview that she conducted witness interviews with the student who reported him and with her boyfriend but not with Farzinpour\u2019s wife. When he complained that the process was unfair and biased, she apparently explained that the investigation was being conducted \u201cthrough the lens of the student.\u201d The school ultimately found Farzinpour responsible for sexual harassment and imposed a suspension, mandatory training and a permanent ban on use of Berklee facilities for purposes not directly related to his teaching. When Farzinpour returned to campus after his suspension, his accuser and her boyfriend apparently posted messages on social media describing his suspension as a \u201cslap on the wrist.\u201d They also allegedly posted signs about him around campus. Meanwhile, the allegations against him were publicized in a Boston Globe article. Amid public discussion of the allegations, a group of students questioned the plaintiff about the proceedings in class. He claims he defended himself, telling them Berklee\u2019s findings were erroneous and the process was unfair. Farzinpour was subsequently terminated and his lawsuit followed. No preemption Berklee moved to dismiss Farzinpour\u2019s Title discrimination claim on Title preemption grounds, but Saris was unpersuaded. 2/22/25, 6:13 Title doesn t preempt Title employment claim Rhode Island Lawyers Weekly 3/6 Though federal circuits were \u201csplit on the question,\u201d Saris said, the reasoning of the majority \u2014 which has held that a private right of action for employees exists under Title \u2014 was persuasive, given the statute\u2019s plain language suggesting that it was intended to provide private recourse for more than just students. Saris also found that Farzinpour alleged sufficient facts for his retaliation claims to proceed under Title and Chapter 151B. \u201cFarzinpour contends that his decision to speak up about the unfairness of the process to the students who approached him in class was a protected activity [and that] Berklee took retaliatory action against him as a result,\u201d Saris said. \u201c[B]ecause Farzinpour was fired, without process, shortly after discussing the allegations of bias with the students, causation could be inferred from the temporal proximity of these two events.\u201d Accordingly, Saris concluded, Berklee\u2019s motion to dismiss should be denied. 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All rights reserved. Use of this website is subject to its Terms of Use ( \| Privacy Policy ( \| Your California Privacy Rights/Privacy Policy ( \| Do Not Sell My Info/Cookie Policy ( Privacy & Cookies Policy 2/22/25, 6:13 Title doesn t preempt Title employment claim Rhode Island Lawyers Weekly 6/6", "8638_102.pdf": "Conductor sues Berklee College of Music over probe he calls biased According to the suit, Peyman Farzinpour was accused of violating the school\u2019s relationship policy after a student alleged that the composer made unwelcome sexual advances. By Associated Press Peyman Farzinpour conducts Ensemble/Parallax at Eastern Connecticut State University as part of the school's \"University Hour\" series on Oct. 18, 2017. Eastern Connecticut State University 2/22/25, 6:13 Conductor sues Berklee College of Music over probe he calls biased 1/4 Providence conductor and composer has accused Berklee College of Music of overseeing a biased and flawed disciplinary process against him in a lawsuit. Peyman Farzinpour accuses the Boston-based university of gender bias in firing him and says the school denied him access to a fair proceeding, the Providence Journal reported Tuesday. According to the suit, Farzinpour was accused of violating the school\u2019s relationship policy after a student alleged that the composer made unwelcome sexual advances. Farzinpour said the student steered the conversation towards sex and suggested they get a hotel room. He alleges the school conducted an investigation \u201cthrough the lens of the student\u201d and rejected his attempts to file a complaint of his own against the student or to appeal the decision to suspend him. ADVERTISEMENT: Farzinpour was later fired after signs were posted across campus implying that he and other professors were sexual predators. Farzinpour is seeking unspecified damages for breach of contract, intentional infliction of emotional distress, negligence and other claims. Berklee declined to comment on pending litigation. Conversation This discussion has ended. Please join elsewhere on Boston.com Most Popular June 10, 2020 1 minute to read 2/22/25, 6:13 Conductor sues Berklee College of Music over probe he calls biased 2/4 In Related News Karen Read case: Judge sheds more light on \u2018grave concern\u2019 1 Medical equipment business owner charged in fraud scheme 2 Ahead of 6 shows in Boston, Ni can't quite believe it 3 Mass. athletic director charged with sending video of sex act to minor Hegseth told Sen. Warren he paid $50,000 to woman who accused him of 2017 sex assault 2/22/25, 6:13 Conductor sues Berklee College of Music over probe he calls biased 3/4 \u00a92025 Canton up in arms after teens allegedly trash house, kick dead rabbit Tell Us What You Think 2/22/25, 6:13 Conductor sues Berklee College of Music over probe he calls biased 4/4", "8638_103.pdf": "1 ___________________________________ ) Peyman Farzinpour, ) ) Plaintiff, ) Civil Action v. ) No. 20-11003 ) Berklee College of Music, ) ) Defendant. ) ___________________________________ July 12, 2022 Saris Plaintiff Peyman Farzinpour, a former associate professor at Berklee College of Music (\u201cBerklee\u201d), alleges that Berklee terminated him because of gender bias after a student complained that he sexually harassed her. He also claims that Berklee reached an erroneous outcome because of gender bias during an investigation of another sexual harassment complaint after his termination.1 1 Plaintiff asserts seven counts against Berklee in the Amended Complaint: Berklee reached an erroneous outcome on the student\u2019s complaint and subsequently fired him as a result of gender bias in violation of Title of the Education Amendments of 1972 (Count I); Berklee retaliated against him for complaining to the Equity Office that this student sexually harassed him and for complaining to his classes that Berklee discriminated against men, in violation of Mass. Gen. L. c. 151B (Count II) and Title of the Civil Rights Act of 1964 (Count III); Berklee reached an erroneous outcome on another student\u2019s complaint as a result of gender bias in violation of Title (Count IV); Berklee\u2019s adverse actions stemming from both investigations were the result of gender bias in violation of Chapter 151B (Count V) and Title (Count VI); and Berklee subjected Farzinpour to a hostile work environment in violation of Title (Count VII). Dkt. 61 at 1-2. Case 1:20-cv-11003 Document 83 Filed 07/12/22 Page 1 of 34 2 Berklee moves for summary judgment on all claims. After hearing, this Court the motion with respect to Counts and and it with respect to Counts I, II, III, V, and When all reasonable inferences are drawn in favor of the non- moving party, Farzinpour, the record supports the following facts. Many of the facts are disputed by Berklee. I. Farzinpour\u2019s Version of the Evening of July 24, 2019 Peyman Farzinpour was an associate professor of conducting at Berklee College of Music. He began employment in the fall of 2014. After class in July 2019, one of his students, Mina Alali, asked him to meet to discuss yoga, mindfulness, and meditation. Both Farzinpour and Alali are of Persian descent. They met on July 24, 2019 for pizza in the Prudential Center in Boston. During dinner, Alali showed Farzinpour the cover of a new album she had recorded, which included her picture. Alali asked Farzinpour for his opinion on the album cover. After Farzinpour said it was nice, Alali thrust her chest at him and stated her bra size. Farzinpour replied that \u201cEmpirically speaking, by Western society standards, you are an attractive woman.\u201d Dkt. 70 at 9-10. Alali also asked Farzinpour whether he sexualizes his students and asked other questions about his sexual boundaries with students. After Farzinpour missed his train home, Alali insisted on going to another establishment. They Case 1:20-cv-11003 Document 83 Filed 07/12/22 Page 2 of 34 3 went to a dual bar and coffee shop, had one cocktail each, and then went to a third bar in the lobby of a hotel, where they each had two more drinks. At the hotel bar, Alali asked Farzinpour to get a hotel room for them and said \u201clet\u2019s go\u201d while pointing to the bathroom. Farzinpour excused himself to go to the bathroom. Id. at 12-13. When Farzinpour returned, Alali suggested that they may do this again next week, kissed him on the cheek three times (one more than the typical Persian custom), and then the two parted ways. When Alali got home, she gave her boyfriend her account of the evening and recorded the conversation. She stated that she stayed with Farzinpour for over four hours, wanted to discern \u201cwhat his intentions were,\u201d and that her actions looked questionable. Id. at 13-14. She had also recorded the discussions with Farzinpour earlier in the evening, although neither of the recordings are in the record.2 Over the course of her outing with Farzinpour, Alali told her boyfriend twice by text message that she was \u201cgood.\u201d Id. After he had left Alali, Farzinpour told his wife about the encounter. II. Alali\u2019s Report On July 26, 2019, Alali made a report against Farzinpour to Berklee\u2019s Equity Office alleging sexual harassment and improper 2 Berklee never listened to the tape-recording of her conversation with Farzinpour because it was illegally obtained under Massachusetts law. Case 1:20-cv-11003 Document 83 Filed 07/12/22 Page 3 of 34 4 conduct under Berklee\u2019s relationships policy. Id. at 14 (Pl. Tab 12, Dep. Ex. 83). She alleged that Farzinpour had made multiple sexually explicit comments to her in a combination of Farsi and English, including that she should come to the bathroom to shake his genitalia. Alali spoke with Jaclyn Calovine, the Deputy for Equity Investigations. Calovine then spoke with Kelly Downes, the Chief Equity Officer/Title Coordinator, about the implications of Alali\u2019s allegations in the context of the sexual harassment policy. Downes decided that the matter would proceed to an investigation and that a formal complaint would be filed. III. Next Steps Calovine and Downes spoke with Eileen Alviti, the Vice President of Human Resources. The three agreed that it would be appropriate to put Farzinpour on paid administrative leave while the investigation was ongoing because of the severity of the allegations. Downes also spoke with Jennifer Burke, the Senior Director of Employee Relations and Staffing, who concurred. No one in the Equity Office spoke with Farzinpour to learn his version of events prior to the decision to place him on leave and curtail access to his emails. On July 30, 2019, Downes spoke with Farzinpour to tell him about Alali\u2019s complaint and that he was being placed on administrative leave effective immediately. Later that day, Downes emailed Farzinpour notice of the investigation (including his Case 1:20-cv-11003 Document 83 Filed 07/12/22 Page 4 of 34 5 ability to identify witnesses and submit evidence). The email also reiterated that he was being placed on administrative leave, would be restricted from Berklee systems and activities, and his Berklee email account had been suspended. On August 5, 2019, Calovine conducted the first interview of Farzinpour for approximately four hours. Farzinpour shared his account of the events of July 24 and had an opportunity to identify witnesses. He expressed concern that the Equity Office was demonstrating gender bias towards men, including through its distributed literature that is \u201cone-sided in support of women.\u201d Dkt. 70 at 20. Farzinpour\u2019s wife accompanied him to the interview but was not interviewed. IV. Farzinpour\u2019s Request to Submit a Complaint Against Alali In Farzinpour\u2019s interview on August 5, 2019, and by email the next day, he asked to file a complaint against Alali for sexually harassing him on July 24. On August 8, Downes replied that Farzinpour was entitled to request that Berklee file a complaint, but she suggested that he raise the issue with Calovine first so that it could be addressed within the existing investigation. That evening, Farzinpour emailed Calovine and Downes, raising concerns that Alali was telling other students about her allegations,3 asking to be protected from the allegations, and requesting to be 3 On August 2, 2019, Alali approached a group of Berklee students at a local restaurant and bragged that she got Farzinpour fired. Case 1:20-cv-11003 Document 83 Filed 07/12/22 Page 5 of 34 6 reinstated. Later in the evening, Farzinpour emailed Calovine and Downes stating that he wanted to report sexual harassment and aggression. Farzinpour repeatedly expressed his concern about fairness in the Equity Office. Berklee never filed a complaint against Alali. Downes met with Chris Kandus-Fisher, the Vice President for Student Affairs, on August 13, 2019. Downes\u2019s notes state that Farzinpour was \u201con leave, no intention to bring back.\u201d Dkt. 63 at 11. On August 16, 2019, Calovine emailed Farzinpour to schedule his second interview and an interview of his wife. Farzinpour replied that he and his wife would be in California until September 5. After further correspondence, Farzinpour stated that he would do a second interview. Farzinpour had provided his wife\u2019s contact information in an August 5 email, but his wife was never contacted. In contrast, Alali\u2019s boyfriend was interviewed. V. Farzinpour\u2019s Second Interview Calovine interviewed Farzinpour a second time on August 30, 2019, by phone, with his sister (an attorney) serving as his advisor. While he repeated his request to issue a complaint against Alali, Calovine stated that he needed to articulate how Alali\u2019s behavior was severe and pervasive enough to create a hostile work environment. Calovine concluded that Farzinpour\u2019s claim that Alali harassed him was not supported by a preponderance of the evidence Case 1:20-cv-11003 Document 83 Filed 07/12/22 Page 6 of 34 7 and the Equity Office never issued a formal complaint. Calovine told Farzinpour that the investigation was done \u201cthrough the lens of the student.\u201d Dkt. 70 at 33. VI. Calovine\u2019s Findings Calovine\u2019s investigative report concluded that Farzinpour did not violate the relationships policy4 but that a preponderance of the evidence showed that he violated the sexual harassment policy based on unwanted and unwelcome sexual conduct toward Alali that interfered with her academic performance. Calovine, after considering Alali\u2019s comments to her boyfriend, found Alali\u2019s explanation that she was feigning interest to determine Farzinpour\u2019s intentions to be credible. The report concluded that, on the evening of July 24, 2019, Farzinpour made unwelcome comments calling Alali \u201chella hot\u201d and \u201csexy,\u201d told Alali something was missing from his marriage, and asked her to go to the bathroom to \u201cshake\u201d his genitalia. Id. at 40. Calovine determined that Alali provided consistent accounts, volunteered disadvantageous information, provided all requested information, and appeared honest. Calovine stated that Farzinpour\u2019s explanations were \u201cobjectively inappropriate, insufficient, and inconsistent.\u201d Id. at 42. 4 Berklee\u2019s relationships policy prohibits \u201cdating, romantic, or sexual relationships between students . . . and faculty.\u201d Dkt. 63 at 2. Case 1:20-cv-11003 Document 83 Filed 07/12/22 Page 7 of 34 8 Farzinpour disputes the report\u2019s conclusions and points to the recording of Alali\u2019s conversation with her boyfriend where she admitted to initiating sexual discussions by saying think you are sexually attracted to me,\u201d said she was \u201cbeing such a good actor,\u201d and \u201cwas testing him.\u201d Id. at 40. Downes made the final decision on sanctions after conferring with Alviti and Burke. She considered the severity of the conduct, the possibility of training, the safety of the community, and prior sanctions for similar violations (which included termination). On December 13, 2019, Downes informed Farzinpour that he would be suspended without pay for thirty days, required to undergo training, prohibited from summer teaching, and banned from using Berklee facilities outside of teaching. Downes\u2019s letter notified Farzinpour about his ability to view the report and appeal. She also included a final warning stating \u201cany further violations of Berklee policy or standards of conduct, or willful disregard for expectations, including failure to comply with the training requirements set forth in this letter, will result in the termination of your employment.\u201d Id. at 43. VII. Farzinpour\u2019s Appeal Farzinpour appealed on January 7, 2020. He argued that not interviewing his wife was a procedural error; the investigation was not thorough and impartial because it disregarded Alali\u2019s admission that she was testing him; Calovine improperly weighed Case 1:20-cv-11003 Document 83 Filed 07/12/22 Page 8 of 34 9 intent and credibility evidence; Calovine showed bias by including an irrelevant off-color statement (that \u201cthe Equity Office should be called \u2018Fuck White Men In The Ass\u2019\u201d); the investigation took months longer than the 60 days outlined in the Equity Policy; the investigation materially deviated from standard processes; the sanctions were disproportionate; and the investigation overlooked his emails to Alali following up on his yoga and mindfulness recommendations. The panel unanimously decided that the appeal was meritless after \u201cvery specifically looking at errors of due process or procedure.\u201d Id. at 45-47. It concluded that the long duration of the investigation was not an issue because the 60-day timeline was just a goal. The panel did not re-weigh the evidence because it did not view its role as rehearing the case. It rejected the argument that Calovine declined to interview Farzinpour\u2019s wife because she had made attempts to schedule one. Finally, the panel concluded that the sanction was within the range of prior cases. VIII. Post-Suspension Return to Teaching Farzinpour returned to teaching on February 20, 2020, after he completed his 30-day suspension. On February 24, 2020, Farzinpour met with Richard Carrick, his department chair, about \u201cexpectations moving forward.\u201d Id. at 47. Farzinpour expressed displeasure with the case against him. They discussed \u201cprofessionalism and teaching the class.\u201d Id. at Case 1:20-cv-11003 Document 83 Filed 07/12/22 Page 9 of 34 10 49. Farzinpour asked Carrick to put his requests \u201cin writing\u201d but Carrick failed to do so. Id. at 48. Farzinpour does not recall ever being instructed not to discuss the investigation in class. On March 1, 2020, Alali publicly posted on social media that she was sexually harassed by a professor, who received \u201clight sanctions\u201d (returning to teach after an investigation found him responsible). Dkt. 63 at 23-24. On March 2, Alali\u2019s boyfriend publicly commented on the post using Farzinpour\u2019s name. On March 3, Berklee\u2019s President Roger Brown reached out to Kandus-Fisher to \u201cunderstand the circumstances around this investigation and what led to the suspension vs. termination\u201d because the incident with Farzinpour \u201cseems to be coming to the fore as well.\u201d Dkt. 70 at 51. On March 11, flyers were posted on and near campus listing Farzinpour and seven other male Berklee professors with the phrase SILENCED.\u201d Id. at 51. Berklee Public Safety took down the flyers. On March 11 and 12, 2020, Farzinpour spoke about his harassment case in four different classes. His comments were in response to \u201cstudent demands.\u201d Id. at 52. One student asked, \u201cWhy is your name on these posters?\u201d right after Farzinpour started class. Id. Farzinpour described the atmosphere when he arrived at his first class as \u201chorrendously tense . . . [n]obody was talking.\u201d Id. Farzinpour believed \u201cmak[ing] them feel safe\u201d by telling them the posters were \u201cwildly wrong\u201d was \u201cthe most professional thing Case 1:20-cv-11003 Document 83 Filed 07/12/22 Page 10 of 34 11 [he] could possibl[y] do.\u201d Id. Farzinpour also claims that, thereafter, he \u201canswered the questions, as best as [he] could.\u201d Id. On March 16, 2020, the Boston Globe published an article entitled \u201cSexual harassment allegations against professors set off social media frenzy at Berklee College of Music.\u201d Id. at 53; Tab 60, Dep. Ex. 2. The article discussed Alali\u2019s social media posts and named Farzinpour alongside other Berklee professors. Alali linked to the article on her public Facebook account, stating \u201ca huge issue that needs to be resolved ASAP.\u201d Dkt. 70 at 53. On March 17, 2020, President Brown wrote to the Berklee community regarding the Boston Globe article and the social media posts from Berklee students. President Brown\u2019s letter stated his \u201cunwavering commitment to eliminating harassment and misconduct\u201d by doing \u201ceverything within our power.\u201d Id. at 54. President Brown\u2019s letter encouraged students to report sexual harassment to the Equity Office so it could conduct a \u201cfull and fair investigation . . . using our equity process.\u201d Id. at 53. This was not the first time Berklee\u2019s sexual harassment track record had come under media scrutiny. Years prior, on November 8, 2017, the Boston Globe had published an article highlighting sexual abuse at Berklee by faculty members. Shortly after, President Brown spoke to the Berklee community about its commitment to preventing harassment through fair processes and a \u201czero tolerance\u201d approach. Case 1:20-cv-11003 Document 83 Filed 07/12/22 Page 11 of 34 12 Id. at 77. On November 13, the Boston Globe published an article on President Brown\u2019s speech titled \u201c11 faculty members have been terminated in 13 years for sex assault, harassment.\u201d Id. IX. Student Complaint About Farzinpour\u2019s Class Discussions On March 23, 2020, a professor covering one of Farzinpour\u2019s classes told Carrick about two students who mentioned Farzinpour talking about his investigation in class. One student requested video resources to prepare for the midterm because one of the two classes with Farzinpour was not spent on the course material. Also on March 23, a female student went to the Equity Office and reported that Farzinpour used an hour of class to discuss the investigation into his conduct. The student reported that Farzinpour had made negative comments about the equity process and Alali. She stated that Farzinpour was asked why his name was on the posters and Farzinpour responded \u201cyes want to address this.\u201d Dkt. 70-44 at 3. Farzinpour went on to argue \u201cwhy he\u2019s not guilty, that the institution is out to get white men.\u201d Id. The student reported that she was \u201cfurious that the whole class was taking space\u201d for the conversation and it \u201cfe[lt] uncomfortable remaining in the class.\u201d Id. Lee Cherry from the Equity Office forwarded the intake report to Downes and Burke on March 24, 2020. On March 25, 2020, Carrick covered one of Farzinpour\u2019s classes and multiple students stated that Farzinpour had spent an hour and a half of the previous class talking about his investigation. Case 1:20-cv-11003 Document 83 Filed 07/12/22 Page 12 of 34 13 X. Berklee Decides to Fire Farzinpour On March 25, 2020, at about 4:00 p.m., Carrick emailed Downes that a faculty member covering Farzinpour\u2019s class received multiple complaints about his use of class time. Within fifteen minutes, the Senior Director of Employee Relations and Staffing, Jennifer Burke, emailed Alviti the Equity Office intake report with the subject line \u201cNew Concern.\u201d Dkt. 70 at 62; Dkt. 70-46 at 3\u20134. Alviti immediately asked whether Farzinpour should be terminated minute later, Burke replied that she thought they should terminate him. At 4:24 p.m. on the first thread, Burke told Downes that it may be time to fire Farzinpour based on his use of class time. Dkt. 70 at 62; Dkt. 70-48 at 2. At 4:26 p.m. on the \u201cNew Concern\u201d thread, Burke told Alviti she would wait until hearing from Downes to make a recommendation and that she wanted to consult with someone else before terminating. Alviti responded at 4:28 p.m. agreeing with Burke\u2019s plan and including a draft email stating that Farzinpour directly violated instructions from his supervisor about using class time. Burke agreed to send Alviti\u2019s draft after Carrick confirmed that he directly told Farzinpour not to discuss the allegations against him in class. On March 26, 2020, Carrick obtained and forwarded Burke more information about the student comments regarding Farzinpour\u2019s use of class time. Also on March 26, Carrick and Burke spoke about Case 1:20-cv-11003 Document 83 Filed 07/12/22 Page 13 of 34 14 terminating Farzinpour for violating his final warning. Carrick stated that termination would be the next step, and that he would reach out to Farzinpour. On March 27, the Provost reached out to President Brown stating the Farzinpour would be fired on Monday (March 30). On March 30, 2020, after the decision was made to terminate Farzinpour, Carrick emailed Farzinpour saying that he had spent time in multiple classes discussing the allegations against him. Carrick asked why he did not stick to the curriculum. Farzinpour wrote back saying that the students directly asked him what happened, he had to explain the situation, he had a right to answer student questions, and that he did stick to the curriculum even during classes where his situation was discussed. Carrick and Burke discussed Farzinpour\u2019s response by phone. The President, Provost, and Dean Nicholl were fully behind the decision to terminate Farzinpour. On April 2, 2020, Carrick sent the termination letter to Farzinpour. The letter stated that Farzinpour had been given a final warning about remaining professional and using class time for the curriculum, yet he discussed the allegations against him and criticized Berklee institutions in class. The letter acknowledged Farzinpour\u2019s belief that his behavior was justified but suggested that there were other ways to relieve student concerns without using class time. Case 1:20-cv-11003 Document 83 Filed 07/12/22 Page 14 of 34 15 XI. Roe Investigation On March 11, 2020, Jane Roe, a recent Berklee, graduate, submitted an online report to the Equity Office. She alleged that between Spring and Fall 2018, while she was Farzinpour\u2019s student, he harassed her repeatedly. She said he told her during office hours that she was \u201cone of the hottest girls at Berklee.\u201d Dkt. 70 at 54. She also stated that he asked her inappropriate questions: \u201cwhat are your favorite sex positions? Do you swallow? Do you refer to a penis as a cock?\u201d Id. Her report also recounted an instance where Farzinpour \u201cgrabbed her wrist, arm, and shoulders and made her walk with him to the train station, refusing to let her leave, made her sit with him, made her feel uncomfortable and asked her if he made her nervous.\u201d Id. Roe said that after she told her close friends, Farzinpour \u201caggressively\u201d asked why she was spreading lies about him and said she \u201cknew better.\u201d Id. at 54-55. Downes met with Roe regarding her allegations and, on March 19, 2020, issued a notice of investigation letter to Farzinpour. Downes told Farzinpour that he would be placed on paid administrative leave effective immediately, and that he would again be suspended from his email and campus access. Berklee appointed an independent investigator, attorney Allyson Kurker, who also interviewed Roe the following week. Farzinpour was terminated on April 2, 2020, but Kurker proceeded with her investigation. She interviewed nine witnesses Case 1:20-cv-11003 Document 83 Filed 07/12/22 Page 15 of 34 16 including Farzinpour (twice), Farzinpour\u2019s wife (the only witness Farzinpour identified), and Roe. Kurker also obtained text messages, emails, social media posts, and other documents. During his interviews and in a written statement, Farzinpour raised concerns about Roe\u2019s behavior. He told Kurker that in 2018, Roe had encountered Farzinpour and his wife outside of class in a hallway at Berklee. Roe asked him and his wife to kiss, which they did. Farzinpour told Kurker that his wife was made uncomfortable by the interaction. Roe made Farzinpour uncomfortable by sparking conversations about personal romantic topics and calling Carrick attractive. Farzinpour reported that he had unsuccessfully sought to minimize contact with her. He encouraged Roe to take classes with other professors and tried to avoid personal topics. Nevertheless, Farzinpour noted that Roe took multiple classes with him in different semesters, frequented his office hours, and tried to get him to increase her grades. He agreed that Roe had accompanied him to Back Bay train station, but asserted that he had not done anything improper. After Kurker produced a draft investigative report, Farzinpour reviewed and responded to it. He denied many of the allegations made by Roe, stated that he did not previously know that he could submit non-first-hand witnesses, and asked to name additional witnesses. Case 1:20-cv-11003 Document 83 Filed 07/12/22 Page 16 of 34 17 Kurker put out a finalized report on August 8, 2020. The report found that it was more likely than not that Farzinpour had violated the sexual harassment and retaliation policy. Kurker concluded that Farzinpour made unwelcome sexual contact with Roe when he repeatedly called her \u201chot,\u201d asked her graphic sexual questions, coerced her to come to Back Bay Station with him, and commented on other female students\u2019 appearances and clothing. Kurker concluded that Farzinpour\u2019s actions were severe and pervasive, led Roe to feel helpless and scared, and caused her to try avoiding meetings with her professor. Kurker credited Roe\u2019s explanation that scheduling conflicts had forced her to enroll in his classes and that she hoped to reduce her contact with him despite being in his classes. Kurker further concluded that Farzinpour intimidated Roe by admonishing her not to tell others about his treatment of her. Kurker found Roe more credible than Farzinpour. She observed that multiple contemporaneous statements from Roe to witnesses corroborated her accounts. Kurker also found that Farzinpour\u2019s account of the hallway kiss incident was exaggerated and he never reported it until after Roe filed her claim. Kurker sent Farzinpour a letter finding him responsible for sexual harassment and retaliation and told him he could view the report and appeal. Downes concluded that the findings would have Case 1:20-cv-11003 Document 83 Filed 07/12/22 Page 17 of 34 18 justified termination if Farzinpour were still employed at Berklee. On September 4, 2020, Farzinpour appealed. He claimed that the investigation processes were not followed and the hypothetical sanction was out of step with other cases. Farzinpour argued that Kurker improperly credited Roe\u2019s statements about class scheduling conflicts and that Kurker refused to interview additional witnesses Farzinpour requested in response to the draft report. On October 19, the appeal officer, Christopher Reade, informed Farzinpour that the panel denied his appeal because Kurker took reasonable steps to assess other course options for Roe and found Roe\u2019s explanations to be plausible. The panel also did not take issue with the use of non-first-hand witnesses and found that the sanction against Farzinpour was appropriate based on other cases. On October 23, 2020, Farzinpour emailed the Equity Office to file a complaint against Roe for asking him to kiss his wife. Farzinpour complained that Kurker didn\u2019t report the incident to Berklee when Farzinpour raised it during an interview and didn\u2019t consider his complaint to be a complaint of sexual harassment. Downes told him Berklee would not start a complaint because this sole instance would be insufficient to interfere with his work, even if taken as true. Farzinpour responded to Downes that Roe\u2019s action interfered with his job, occurred in public, embarrassed him, affected his authority with students, caused him distress, Case 1:20-cv-11003 Document 83 Filed 07/12/22 Page 18 of 34 19 and made him feel lesser as a professor. Downes\u2019s assessment was unaffected. She believed the charge did not meet the definition of sexual harassment because it was a single incident that would not (as viewed by a reasonable person) have interfered with his work. She also felt that the Equity Process was an inappropriate venue to bring a claim against an alum after Farzinpour had been fired. XII. The Equity Policy Berklee\u2019s Equity Policy \u201cprohibits sexual harassment and retaliation, among other conduct, and sets forth a process to investigate and adjudicate complaints alleging violations of the Policy.\u201d Dkt. 63 at 1-2. The policy applies to \u201call members of the Berklee community,\u201d and to \u201c[r]eports by third parties against a current member of the Berklee community, where, in the Chief Equity Officer/Title Coordinator\u2019s sole discretion, the conduct described in the complaint constitutes a sufficient present or future risk to the Berklee community to warrant further review.\u201d Id. at 2. Berklee has a detailed process for evaluating equity complaints that involves preliminary determinations, interim measures, and written notice requirements. The process vests substantial discretion in members of the Equity Office but also grants a right to appeal Summary judgment is appropriate when, based upon the pleadings, affidavits, and depositions, \u201cthere is no genuine Case 1:20-cv-11003 Document 83 Filed 07/12/22 Page 19 of 34 20 dispute as to any material fact and the movant is entitled to judgment as a matter of law.\u201d Fed. R. Civ. P. 56(a). Courts construe the record in the light most favorable to the nonmovant. See Zampierollo-Rheinfeldt v. Ingersoll-Rand de P.R., Inc., 999 F.3d 37, 43 (1st Cir. 2021) (citing Ocasio-Hern\u00e1ndez v. Fortu\u00f1o- Burset, 777 F.3d 1, 4 (1st Cir. 2015)). \u201cTo succeed, the moving party must show that there is an absence of evidence to support the nonmoving party\u2019s position.\u201d Rogers v. Fair, 902 F.2d 140, 143 (1st Cir. 1990). If the moving party shows the absence of a disputed material fact, the burden shifts to the nonmoving party to \u201cset forth specific facts showing that there is a genuine issue for trial.\u201d Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 256 (1986)). \u201c[C]onclusory allegations, improbable inferences, and unsupported speculation\u201d are insufficient to create a genuine issue of material fact to survive summary judgment. Sullivan v. City of Springfield, 561 F.3d 7, 14 (1st Cir. 2009). Moreover, \u201c\u2018the mere existence of a scintilla of evidence\u2019 is insufficient to defeat a properly supported motion for summary judgment.\u201d Torres v. E.I. Dupont De Nemours & Co., 219 F.3d 13, 18 (1st Cir. 2000) (quoting Anderson, 477 U.S. at 252); Kahan v. Slippery Rock Univ. of Pennsylvania, 50 F. Supp. 3d 667, 684\u201385 (W.D. Pa. 2014), aff\u2019d, 664 F. App\u2019x 170 (3d Cir. 2016) (quoting Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586 (1986)) Case 1:20-cv-11003 Document 83 Filed 07/12/22 Page 20 of 34 21 (\u201cThe nonmoving party must \u2018do more than simply show that there is some metaphysical doubt as to the material facts.\u2019 . . . [T]he dispute over the material fact must be genuine, such that a reasonable jury could resolve it in the nonmoving party\u2019s favor I. Count \u2013 Title - Alali Plaintiff alleges that Berklee discriminated against him based on gender when it suspended him after a flawed investigation into Alali\u2019s sexual harassment complaint. Title provides that \u201c[n]o person in the United States shall, on the basis of sex, . . . be subjected to discrimination under any education program or activity receiving [f]ederal financial assistance.\u201d 20 U.S.C. \u00a7 1681(a). Title was intended to provide private recourse for employees as well as students. See Doe v. Mercy Cath. Med. Ctr., 850 F.3d 545, 562 (3d Cir. 2017); see also Bedard v. Roger Williams Univ., 989 F. Supp. 94, 97 (D. R.I. 1997). Berklee does not dispute at this stage that professors are entitled to protection under Title IX. To succeed on an erroneous outcome claim, a plaintiff must show: \u201c(1) particular facts sufficient to cast some articulable doubt on the accuracy of the outcome of the disciplinary proceeding\u201d; and (2) \u201ca causal connection between the flawed outcome and gender bias.\u201d Yusuf v. Vassar Coll., 35 F.3d 709, 715 (2d Cir. 1994). The First Circuit makes clear that plaintiffs must Case 1:20-cv-11003 Document 83 Filed 07/12/22 Page 21 of 34 22 show specific evidence that \u201cgender bias was a motivating factor in the disciplinary process.\u201d Haidak v. Univ. of Mass.-Amherst, 933 F.3d 56, 74 (1st Cir. 2019) (quoting Trs. of Bos. Coll., 892 F.3d 67, 90 (1st Cir. 2018)). The Second Circuit has issued helpful cases on point. In Vengalattore v. Cornell Univ. 36 F.4th 87, 106 (2d Cir. 2022) involving a Title claim by a professor accused of sexual harassment, the Second Circuit held that gender bias may be inferred when the following four factors are all met: the school \u201cmade findings against the accused male that were \u2018incorrect and contrary to the weight of the evidence\u2019\u201d; failed to follow its procedures to protect the accused; failed to seek out potential witnesses; and faced criticism for not addressing female complaints against males. Id. at 106 (reversing a district court\u2019s order allowing a motion to dismiss). In Doe v. Columbia Univ., 831 F.3d 46, 56\u201357 (2d Cir. 2016), it held that the evidence \u201csubstantially favor[ed]\u201d a different outcome than the evaluator concluded, the school \u201cfailed to act in accordance with\u201d its own procedures, the school endured pressure to vindicate female student complaints, and the school declined to seek out potential witnesses Plaintiff had identified. See also Menaker v. Hofstra Univ., 935 F.3d 20, 33-34 (2d Cir. 2019) (finding that the school had undergone a \u201cclearly irregular investigat[ion]\u201d that \u201ccompletely disregarded\u201d its own process, faced criticism about Case 1:20-cv-11003 Document 83 Filed 07/12/22 Page 22 of 34 23 vindicating female students\u2019 complaints, failed to seek out witnesses, and the Vice President of the school \u201cknew\u201d that at least one of the accusations was deliberately false). Plaintiff contends the investigatory process had numerous flaws. First, he highlights that Berklee did not give sufficient weight to the audio recording of Alali and her boyfriend where she stated that she was \u201csuch a good actor,\u201d was \u201ctesting him,\u201d that she stayed out for \u201cfour plus hours\u201d to ascertain \u201cwhat his intentions were,\u201d and she \u201cindulg[ed] in the drinks he ordered.\u201d Dkt. 70 at 14, 38-41. She also showed him a suggestive photo on the cover of her album. Dkt. 69 at 5-6. In his view, she admitted she was trying to sexually attract him. Second, Plaintiff complains that Calovine\u2019s decision to conduct the investigation \u201cthrough the lens of the student\u201d demonstrated gender bias. Dkt. 70 at 20. She did not pursue Plaintiff\u2019s claims against Alali for the same events and therefore declined to view his allegations through an equally favorable lens. Third, Plaintiff argues that Berklee did not fairly pursue evidence on his behalf. For example, he points out that Calovine did not interview his wife but did interview Alali\u2019s boyfriend. Fourth, Plaintiff contends that Berklee prejudged the case. Berklee placed him on administrative leave before notifying or interviewing him. Downes wrote an internal note in August 2019 that Plaintiff was \u201clikely to be held responsible.\u201d Id. at 26. Case 1:20-cv-11003 Document 83 Filed 07/12/22 Page 23 of 34 24 Fifth, Plaintiff notes that external pressure skewed the investigation against him in favor of Alali. He argues that the posters around Back Bay, media attention (including from the Boston Globe), and social media tumult led to an investigation with a pre-ordained outcome. Berklee responds to each of these contentions. First, Berklee argues that Calovine reviewed the recording of Alali speaking to her boyfriend, asked Alali about it, and ultimately found Alali to be credible when she said that she was only seeking to determine Plaintiff\u2019s intentions. Second, Berklee argues that a bias in favor of students over faculty (or of complainants over the accused) does not relate to gender. See Doe v. Univ. of Denver, 952 F.3d 1182, 1196 (10th Cir. 2020) (\u201cMost courts to have addressed the issue have concluded that evidence of a school\u2019s anti-respondent bias does not create a reasonable inference of anti-male bias . . . . We agree.\u201d); Doe v. Harvard Univ., 462 F. Supp. 3d 51, 62 (D. Mass. 2020); Doe v. Univ. of Mass.-Amherst, No 14-30143, 2015 4306521, at 9 (D. Mass. July 14, 2015). Because the set of faculty members is a group that can contain people of any gender, Berklee argues bias against faculty is not sufficient for evidence of gender bias. Cf. Univ. of Denver, 952 F.3d at 1196 (quoting Gossett v. Okla. ex rel. Bd. of Regents for Langston Univ., 245 F.3d 1172, 1176 (10th Cir. 2001)) (\u201c[Under Title VII] evidence of an employer\u2019s Case 1:20-cv-11003 Document 83 Filed 07/12/22 Page 24 of 34 25 discriminatory treatment of a group to which both genders can belong does not give rise to an inference of gender discrimination . . . . \u2018Courts have generally assessed Title discrimination claims under the same legal analysis as Title claims.\u2019\u201d). In fact, Berklee points out it has used a substantially similar process in a case against a female professor. Third, Berklee argues that it had made an effort to interview Plaintiff\u2019s wife but decided that it was ultimately not necessary because it fully credited Plaintiff\u2019s description of what he told her. Fourth, Berklee argues that it placed Plaintiff on administrative leave based on the nature of Alali\u2019s allegations and the statement that he was \u201clikely to be held responsible\u201d was merely a preliminary assessment. Fifth, Berklee denies that either gender bias or external pressure (by the media and on campus) influenced the outcome. When the evidence is seen in the light most favorable to Plaintiff, Plaintiff has presented particular facts which cast an articulable doubt on the accuracy of the outcome of the disciplinary proceeding and particular circumstances that gender bias was a motivating factor behind the erroneous outcome. Of particular concern is the evidence that Berklee reached an erroneous outcome because during the investigation the student admitted both that she was testing Plaintiff to determine his Case 1:20-cv-11003 Document 83 Filed 07/12/22 Page 25 of 34 26 sexual intent and that her actions looked \u201cquestionable.\u201d Dkt. 70 at 38. II. Count \u2013 Title \u2013 Roe Plaintiff alleges that Berklee violated Title because it reached an erroneous outcome as a result of gender bias during the investigation of Roe\u2019s complaint of sexual harassment. To determine whether the outcome was motivated by gender bias, the Court again looks at the Vengalattore factors. 36 F. 4th at 106. First, while the facts asserted were disputed, no reasonable factfinder would determine that Berklee\u2019s credibility findings were contrary to the weight of evidence. For starters, the investigator was an attorney who was independent of Berklee, so she was not involved in the earlier investigation. Kurker concluded that Plaintiff\u2019s description of the hallway incident became increasingly exaggerated during the investigation; Roe had no motivation to lie; Roe\u2019s account was more plausible than Plaintiff\u2019s; and multiple witnesses corroborated Roe\u2019s account through contemporaneous statements. Second, Plaintiff argues that the investigation of Roe\u2019s claims against Plaintiff was improper because neither Roe nor Plaintiff was affiliated with Berklee for most of it. However, Plaintiff was still on the faculty when the complaint was issued, and Roe was interviewed by Kurker before Plaintiff was terminated. Berklee\u2019s policy states that it \u201capplies generally\u201d to \u201call members Case 1:20-cv-11003 Document 83 Filed 07/12/22 Page 26 of 34 27 of the Berklee community\u201d and to reports \u201cby third parties against a current member of the Berklee community where, in the Chief Equity Officer/Title Coordinator\u2019s sole discretion, the conduct described in the complaint constitutes a sufficient present or future risk to the Berklee community to warrant further review.\u201d Dkt. 70 at 4 (citing Dkt. 70-16 at 2). Because plaintiff was (and still is) seeking reinstatement and the alleged offense of harassment occurred while he was a professor, Berklee did not violate its policy.5 Third, the investigation was not one-sided. Kurker interviewed Plaintiff\u2019s wife, the only specific witness he advanced. While Plaintiff asked to be allowed to name additional non-first-hand witnesses after the draft report came out, he did not name any specific witnesses or identify how their accounts would aid the investigation. Fourth, Plaintiff notes that Berklee never filed his sexual harassment complaint against Roe. Four months after he had been found responsible for harassing her and retaliating against her, Plaintiff asked that a complaint be initiated against Roe for asking him to kiss his wife. Over Plaintiff\u2019s protest, Downes concluded that, even taking the allegation as true, Plaintiff would not be able to show that the single request unreasonably interfered 5 There is no claim that Berklee violated a contractual obligation it owed to Plaintiff. Cf. Sonoiki v. Harvard Univ., No. 20-1689, 2022 2128619, at 14 (1st Cir. 2022). Case 1:20-cv-11003 Document 83 Filed 07/12/22 Page 27 of 34 28 with his work. Additionally, Downes reasonably decided that the Equity Process was not an appropriate venue for a former professor to assert a claim against a former student. Fifth, Plaintiff points out the public pressure Berklee faced from media coverage and widely distributed posters that accused its professors of sexual harassment. The Boston Globe article about Alali and other allegations led to President Brown\u2019s letter about the school\u2019s commitment to eliminating harassment and pursuing fair investigations. This factor weighs against Berklee because it was subject to criticism about its treatment of sexual harassment of students. In light of the above factors, only one of which weighed in Plaintiff\u2019s favor, no reasonable fact finder could find that the investigation involving Roe was gender-biased in violation of Title IX. Plaintiff\u2019s allegations in Count do not survive summary judgment. III. Counts and \u2013 Title and M.G.L. Chapter 151B \u2013 Gender Discrimination Plaintiff alleges gender discrimination under Chapter 151B of the Massachusetts General Laws (Count V) and Title of the Civil Rights Act of 1964 (Count VI). The court applies the well-known McDonnell Douglas burden- shifting framework in both Title and Chapter 151B cases. See McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973). First, a Case 1:20-cv-11003 Document 83 Filed 07/12/22 Page 28 of 34 29 Plaintiff must make a prima facie case for employment discrimination prima facie case for Title discrimination is demonstrated by showing (1) membership in a protected class, (2) the employee met the employer\u2019s expectations, (3) the employee suffered adverse employment action, and (4) similarly-situated employees outside the protected class received more favorable treatment. See Rivera-Rivera v. Medina & Medina, Inc., 898 F.3d 77, 88 (1st Cir. 2018). Step two shifts the burden to Defendant to produce evidence that the employment actions were taken for \u201clegitimate, nondiscriminatory reason[s].\u201d Id. (quoting Cham v. Station Operators, Inc., 685 F.3d 87, 94 (1st Cir. 2012)). At step three, Plaintiff must prove, by a preponderance of the evidence, that Defendant\u2019s explanation is \u201ca pretext for unlawful discrimination.\u201d Id. (quoting Mariani-Col\u00f3n v. Dep\u2019t of Homeland Sec. ex rel. Chertoff, 511 F.3d 216, 221 (1st Cir. 2007)). Notably, throughout the three-step framework, only the burden of production changes; the burden of persuasion always remains with the plaintiff. See id. at 89 (quoting Caraballo-Caraballo v. Corr. Admin., 892 F.3d 53, 57 n.4 (1st Cir. 2018)). At step one, gender is the relevant protected characteristic and Plaintiff suffered an adverse employment action. Plaintiff has provided evidence that he was qualified for his job as a professor of conducting. Case 1:20-cv-11003 Document 83 Filed 07/12/22 Page 29 of 34 30 At step two, Berklee offers the legitimate, nondiscriminatory justification that the adverse employment actions were a result of Plaintiff\u2019s sexual harassment of Alali and his improper use of class time. At step three, the plaintiff must point to some evidence that the stated reason was \u201cpretextual and that the actual reason is discriminatory.\u201d Taite v. Bridgewater State Univ., Bd. of Trustees, 999 F.3d 86, 94 (1st Cir. 2021). The same evidence that supports the Title claim supports the allegations here. Therefore, counts and survive summary judgment. IV. Counts and \u2013 Title and M.G.L. Chapter 151B \u2013 Retaliation Plaintiff\u2019s primary retaliation claim is that he was terminated for criticizing gender bias in Berklee\u2019s investigation.6 Berklee argues that his termination was appropriate because he misused class time in violation of warnings he had received. The Plaintiff must make a prima facie case that he engaged in protected activity, suffered adverse employment consequences, and that there was a causal connection between the two. See Noviello 6 Plaintiff also argues that he was retaliated against for raising a sexual harassment claim against Alali and that Berklee took adverse actions against him by putting him on leave and failing to file his harassment claim or take other action against Alali. However, these claims fail because they are \u201clargely conclusory and lacking in the concrete documentation necessary to prove the causal link.\u201d Pearson v. Massachusetts Bay Transp. Auth., 723 F.3d 36, 42 (1st Cir. 2013) (quoting, Ramos v. Roche Prods. Inc., 936 F.2d 43, 49 (1st Cir. 1991)). The relatively light sanctions for conduct Plaintiff was found responsible for in the Alali matter, the elapsed time and intervening events before the supposed retaliation, and Berklee\u2019s documented reasons for its actions defeat Plaintiff\u2019s claims. Case 1:20-cv-11003 Document 83 Filed 07/12/22 Page 30 of 34 31 v. City of Bos., 398 F.3d 76, 88 (1st Cir. 2005). \u201c\u2018[P]rotected activity\u2019 refers to action taken by the plaintiff \u2018to protest or oppose statutorily prohibited discrimination.\u2019\u201d Bettencourt v. Town of Mendon, 334 F. Supp. 3d 468, 490 (D. Mass. 2018) (quoting Fantini v. Salem State Coll., 557 F.3d 22, 32 (1st Cir. 2009)). Title requires \u201cthat the desire to retaliate was the but-for cause of the challenged employment action.\u201d Univ. of Texas Sw. Med. Ctr. v. Nassar, 570 U.S. 338, 352 (2013); Psy-Ed Corp. v. Klein, 947 N.E.2d 520, 530 (Mass. 2011). There is no dispute that Plaintiff complained about the investigation conducted by Berklee\u2019s Equity Office in his classes. As a general matter, complaints about impermissible gender discrimination constitute protected protest. See Bettencourt, 334 F. Supp. 3d at 490. However, if his speech interfered with his job performance, the activity would not have been protected. See Hochstadt v. Worcester Found. for Experimental Biology, 545 F.2d 222, 233 (1st Cir. 1976) (Title \u201cdoes not afford an employee unlimited license to complain at any and all times and places.\u201d). The parties dispute whether Plaintiff was given a warning about discussing his case in class. They also dispute whether the curriculum was adequately covered. The timing of internal emails supports a reasonable inference that the precipitating events for Plaintiff\u2019s termination were his in-class statements that were critical of Berklee\u2019s investigation. The factual question of Case 1:20-cv-11003 Document 83 Filed 07/12/22 Page 31 of 34 32 whether the termination was retaliation for complaining about the school\u2019s alleged gender bias or his violation of an order must be resolved in Plaintiff\u2019s favor at this stage. Therefore, summary judgment is denied. V. Count \u2013 Title \u2013 Hostile Work Environment Plaintiff claims that Berklee is liable under Title for creating a hostile work environment. Plaintiff points to five activities that allegedly created a hostile work environment: (1) Berklee\u2019s non-investigation of Plaintiff\u2019s sexual harassment complaint; (2) imposing administrative leave; (3) not disciplining Alali for speaking to other students about her allegations; (4) erroneously finding Plaintiff responsible in the investigations; and (5) firing Plaintiff in retaliation for criticizing the proceedings. See Dkt. 69 at 25. Hostile work environment claims under Title exist when a \u201cworkplace is permeated with discriminatory intimidation, ridicule, and insult that is sufficiently severe or pervasive to alter the conditions of the victim\u2019s employment and create an abusive working environment.\u201d Kosereis v. Rhode Island, 331 F.3d 207, 216 (1st Cir. 2003) (quoting Harris v. Forklift Sys., Inc., 510 U.S. 17, 21 (1993)). To establish a hostile work environment claim, Plaintiff must demonstrate: (1) that [he] is a member of a protected class; (2) that [he] was subjected to unwelcome harassment; (3) that the harassment was based on [his] membership of the Case 1:20-cv-11003 Document 83 Filed 07/12/22 Page 32 of 34 33 protected class; (4) that the harassment was so severe or pervasive that it altered the conditions of [his] employment and created an abusive work environment; (5) that the objectionable conduct was objectively and subjectively offensive, such that a reasonable person would find it hostile or abusive and the victim in fact did perceive it to be so; and (6) that some basis for employer liability has been established. Torres-Negron v. Merck & Co., Inc., 488 F.3d 34, 39 (1st Cir. 2007) (citing O\u2019Rourke v. City of Providence, 235 F.3d 713, 728 (1st Cir. 2001)). Even allegedly \u201cbaseless, improper, and biased investigation[s]\u201d do not necessarily \u201cconstitute the frequent, severe, physically threatening or psychologically humiliating activity necessary to sustain a hostile work environment claim.\u201d Norloff v. Virginia, 173 F.3d 424 (4th Cir. 1999). Even if a jury found that the investigation of Alali\u2019s claim and Plaintiff\u2019s subsequent termination were the result of gender bias, Berklee\u2019s actions were not so pervasive and severe as to create a hostile work environment. Plaintiff also points to sexualizing conduct by Alali as well as comments by student on social media, but there is no evidence that Berklee caused this conduct, encouraged it, or was deliberately indifferent to it. Roy v. Correct Care Sols., LLC, 914 F.3d 52, 72 (1st Cir. 2019). Indeed, Berklee took down the posters around campus and cautioned Alali not to discuss the case (even though it believed her statements did not violate any policies). This claim fails to survive summary judgment. Case 1:20-cv-11003 Document 83 Filed 07/12/22 Page 33 of 34 34 For the reasons set forth above, the Court Defendant\u2019s motion for Summary Judgment with respect to Counts and and it with respect to Counts I, II, III, V, and ORDERED. /s/ Patti B. Saris Hon. Patti B. Saris United States District Judge Case 1:20-cv-11003 Document 83 Filed 07/12/22 Page 34 of 34", "8638_104.pdf": "1 ___________________________________ FARZINPOUR, ) ) Plaintiff, ) ) Civil Action v. ) No. 20-11003 MUSIC, ) ) Defendant. ) ______________________________ January 26, 2021 Saris Plaintiff Peyman Farzinpour, an associate professor, was terminated from his employment by defendant Berklee College of Music (Berklee) after complaining that a Title proceeding involving allegations of sexual harassment made by one of his students against him had been biased. He claims that Berklee violated Title of the Education Amendments of 1972, 20 U.S.C. \u00a7\u00a7 1681 et seq.; Title of the Civil Rights Act of 1964, 42 U.S.C. \u00a7 2000e-3(a); and state law. Berklee has moved to dismiss. After hearing, the Court Berklee\u2019s motion to dismiss Farzinpour\u2019s Title claim Berklee\u2019s motion to dismiss Case 1:20-cv-11003 Document 35 Filed 01/26/21 Page 1 of 23 2 Farzinpour\u2019s retaliation claims; and Berklee\u2019s motion to dismiss Farzinpour\u2019s remaining state law claims.1 Unless otherwise noted, the following facts are drawn from the complaint and must be taken as true at this juncture. See Foley v. Wells Fargo Bank, N.A., 772 F.3d 63, 71-72 (1st Cir. 2014). A. Farzinpour\u2019s employment Farzinpour began working as an Assistant Professor in the Berklee Composition department in the fall of 2014. By fall of 2019, Farzinpour had been promoted to the rank of Associate Professor. His employment contract with Berklee, which was scheduled to run from September of 2018 through May of 2021, provided that Farzinpour\u2019s appointment was \u201cmade in accordance with and governed by the policies of the Board of Trustees and the College.\u201d Dkt. 19 \u00b6\u00b6 34, 35. One such policy, the Non-Discrimination, Harassment, and Sexual Misconduct Equity Policy and Process (the \u201cEquity Policy\u201d), \u201cprohibits acts of discrimination, harassment, and sexual misconduct, including, but not limited to, sexual assault or harassment, domestic/dating violence, and stalking.\u201d Dkt. 19 1 Farzinpour\u2019s state-law claims include claims of breach of contract (Count II), denial of basic fairness (Count III), estoppel (Count IV), negligence (Count V), and negligent infliction of emotional distress (Count VI). Case 1:20-cv-11003 Document 35 Filed 01/26/21 Page 2 of 23 3 \u00b6\u00b6 36\u201337. It further prohibits \u201cretaliation against any person who, in good faith, reports, assists in reporting, or participates in an investigation of possible discrimination, harassment, or sexual or gender-based misconduct.\u201d Dkt. 19 \u00b6 46. The Equity Policy also delineates the process for conducting investigations, promising that investigations will be \u201cthorough, impartial, and fair.\u201d Dkt. 19 \u00b6 54. Berklee\u2019s \u201cRelationships Policy,\u201d in turn, prohibits \u201cdating, romantic, or sexual relationships between students, . . . and faculty.\u201d Dkt. 19 \u00b6 71 (alteration in original). It also explains that \u201c[f]aculty or staff . . . who violate this policy are subject to corrective action up to and including termination of employment.\u201d Dkt. 19 \u00b6 72 (alteration in original). Berklee has submitted record evidence showing that Farzinpour\u2019s 2018 appointment letter further stipulated that his appointment was \u201cgoverned by . . . the Collective Bargaining Agreement [CBA] between the College and the Berklee Chapter of the Massachusetts Federation of Teachers Union.\u201d Dkt. 13-1 at 2. B. The Title investigation 1. Allegations of harassment and the Title complaint Case 1:20-cv-11003 Document 35 Filed 01/26/21 Page 3 of 23 4 In late July of 2019, Farzinpour was accused of sexual harassment by an undergraduate student in his conducting class. Farzinpour and the student had gone to several off-campus restaurants and bars together during one evening after class. In a complaint filed with Berklee, the student alleged that Farzinpour had made \u201cnumerous unwelcome sexual advances\u201d toward her during that evening. Dkt. 19 \u00b6 129. The student alleged that Farzinpour had \u201ccomment[ed] on her physical appearance, for example, her breasts and body shape; express[ed] a sexual attraction towards her; and suggest[ed] that they engage in sexual activity.\u201d Dkt. 19 \u00b6 129. The student also alleged that Farzinpour \u201cviolated Berklee\u2019s relationships policy by participating in a date or attempting to engage in a dating or sexual relationship with a student.\u201d Dkt. 19 \u00b6 130. Farzinpour, for his part, denied the allegations and claimed that the student had, in fact, sexually harassed him. He claims in his complaint, for instance, that the student had brought up the topic of her breast and body shape and had sexually propositioned Farzinpour during the outing. He further alleges that he repeatedly rebuffed the student\u2019s advances. 2. The August 5, 2019 interview Farzinpour was put on administrative leave as a result of the complaint filed against him. Shortly thereafter, on August 5, 2019, Farzinpour met with Kelly Downes, the Berklee Chief Case 1:20-cv-11003 Document 35 Filed 01/26/21 Page 4 of 23 5 Equity Officer and Title Coordinator. Downes explained the Title disciplinary process to Farzinpour and informed Farzinpour that the \u201cinvestigation process would be fair, equitable, and balanced.\u201d Dkt. 19 \u00b6 139. She also explained that Farzinpour had the option of requesting an investigation of the student who had reported him if he felt that the student had engaged in harassing behavior. After this initial meeting, Farzinpour was interviewed by the Title Investigator, Jaclyn Calovine. Farzinpour alleges that during the interview Calovine \u201cdisplayed behavior that indicated her bias against [him]\u201d by making a \u201cvery surprised and disapproving facial expression\u201d when learning that Farzinpour met with students over coffee or meals and by assuming that Farzinpour had intentionally organized meetings in public places \u201cso there would be cameras around.\u201d Dkt. 19 \u00b6\u00b6 144\u201345. Farzinpour complained at the end of the meeting that \u201cthe Equity Office distributed literature and associated promotional products that are one-sided in support of women.\u201d Dkt. 19 \u00b6 152. 3. Farzinpour\u2019s report of sexual harassment On August 8, 2019, Farzinpour emailed Downes and Calovine to report the student for sexual harassment. Shortly thereafter, Downes replied that she had decided not to issue a complaint at the time based on Farzinpour\u2019s report. Downes Case 1:20-cv-11003 Document 35 Filed 01/26/21 Page 5 of 23 6 explained that it was \u201cappropriate to give special care to the complaint to ensure that it is not retaliatory in nature\u201d and stated that she would reassess Farzinpour\u2019s report once Calovine had gathered more details. Dkt. 19 \u00b6 157. Berklee never issued a complaint against the student. 4. Alleged retaliation by the student Sometime in August 2019, the Equity Office received notification from several Berklee students that the student who had reported Farzinpour had discussed the Title proceeding with them. Allegedly, the student had approached a large group of Berklee students at a restaurant near campus and \u201cproceeded to share with [them] a false and graphic story of the alleged incident, tarnishing Professor Farzinpour\u2019s name and reputation.\u201d Dkt. 19 \u00b6\u00b6 160, 161, 163. The student had also allegedly falsely claimed to the group that she had \u201cgotten Farzinpour fired.\u201d Dkt. 19 \u00b6 161. Farzinpour learned of this incident and emailed and called Downes out of concern for this alleged breach of confidentiality. Downes did not respond to Farzinpour\u2019s messages. 5. August 30, 2019 interview On August 30, 2019, Farzinpour underwent a second interview with Calovine. Farzinpour\u2019s sister, who was acting as his legal advisor, was present during this meeting. Calovine asked Farzinpour for information about times and dates related to the Case 1:20-cv-11003 Document 35 Filed 01/26/21 Page 6 of 23 7 alleged harassment incident, despite knowing that Farzinpour did not have access to his Berklee email account because of the administrative leave imposed upon him. Calovine informed Farzinpour that she had conducted witness interviews with the student who had reported him, the student\u2019s boyfriend, and Farzinpour, but not Farzinpour\u2019s wife. When Farzinpour complained during this interview that the investigation process was not fair and unbiased, Calovine explained that the investigation was being conducted \u201cthrough the lens of the student.\u201d Dkt. 19 \u00b6 178 (emphasis removed). At the end of the interview, Farzinpour\u2019s sister inquired about filing a complaint against the reporting student. Calovine allegedly falsely implied that Berklee could take no further action against the student because she was no longer on campus, even though the student did not graduate until May 2020. 6. Prohibition against using rehearsal rooms July 30, 2019 Notice of Investigation Letter sent to Farzinpour by Berklee stated, \u201cWhile on leave, you should refrain from participating in any Berklee activities, whether on or off campus.\u201d Dkt. 19 \u00b6 184. Farzinpour interpreted this prohibition to mean that he could continue to use Berklee\u2019s campus facilities. Farzinpour proceeded to meet with several colleagues, including one Berklee colleague, for on-campus rehearsals on three separate occasions. After discovering Case 1:20-cv-11003 Document 35 Filed 01/26/21 Page 7 of 23 8 Farzinpour\u2019s on-campus activity, Berklee threatened to arrest and charge Farzinpour if he entered the Berklee campus again during his administrative leave. 7. Berklee\u2019s final report More than four months after the investigation began, Berklee issued its final report on December 13, 2019. The report found Farzinpour responsible for sexual harassment but not responsible for violating the Berklee Relationships Policy. The sanctions imposed on Farzinpour included: (i) an unpaid suspension of thirty days, (ii) mandatory training, (iii) a ban on private off-campus meetings with students, (iv) a permanent ban on use of Berklee facilities \u201cfor purposes that are not directly related to [Farzinpour\u2019s] teaching responsibilities,\u201d (v) ineligibility for non-contractual work and Berklee\u2019s Summer Sessions, and (vi) a final written warning. Dkt. 19 \u00b6 202. The final written warning stated, \u201cPlease understand that any further violations of Berklee policy or standards of conduct, or willful disregard for expectations . . . will result in the termination of your employment.\u201d Dkt. 19 \u00b6 205 (alteration in original). Farzinpour appealed the findings of the report in January 2020, but his appeal was denied. In February 2020, Farzinpour filed a grievance claim pursuant to Article 11 of the Grievance Procedures of the with the Berklee Teacher\u2019s Union. The grievance claim was likewise denied. 8. Public discussion of sexual harassment at Berklee Case 1:20-cv-11003 Document 35 Filed 01/26/21 Page 8 of 23 9 After serving his 30-day suspension, Farzinpour returned to campus on February 20, 2020. The student who had reported Farzinpour subsequently posted a Facebook message deriding Farzinpour\u2019s reinstatement, calling the suspension a \u201cslap on the wrist.\u201d Dkt. 19 \u00b6 215. The student\u2019s boyfriend posted a similar message on social media the following day, this time revealing Farzinpour\u2019s name. Several days later, the student and her boyfriend posted signs listing several male Berklee professors\u2019 names, including Farzinpour\u2019s, around campus. The signs were captioned with the text \u201cWe will not be silenced.\u201d Dkt. 19 \u00b6 217. In the wake of these incidents, the Boston Globe published an article on March 16, 2020 about sexual harassment allegations against several professors at Berklee College, including Farzinpour. The student who reported Farzinpour posted the Boston Globe article on Facebook and Instagram. Berklee\u2019s President, Roger Brown, sent an email to the Berklee community in response to the Boston Globe article expressing his commitment to eliminating harassment. The email explained that social media plays an important role in illuminating the experience of survivors, but it also acknowledged that Berklee cannot impose a sanction based solely on a social media post. 9. Farzinpour\u2019s termination Case 1:20-cv-11003 Document 35 Filed 01/26/21 Page 9 of 23 10 Amidst this public discussion of Farzinpour\u2019s suspension and the sexual harassment allegations against him, Farzinpour was approached in class by a group of students who questioned him about the sexual harassment. Farzinpour, in response, maintained his innocence. Specifically, he alleges: Assuring his students that they were not in the company of a sexual predator, he defended himself, explaining that Berklee\u2019s finding of responsibility, which had become public in [the student and her boyfriend\u2019s] social media posts, was erroneous, and that the Berklee process had been unfair. Dkt. 19 \u00b6 225. After the chair of the Composition department learned that Farzinpour had spent class time discussing the Title investigation against him, he emailed Farzinpour, expressing that he was \u201csurprise[d] and disappoint[ed]\u201d that Farzinpour had decided to discuss the proceedings in class rather than \u201csticking to the curriculum.\u201d Dkt. 19 \u00b6 226. According to his complaint, Farzinpour responded that he \u201cfelt obligated to answer students\u2019 questions,\u201d and he expressed disappointment that the department chair had not done more to protect him from \u201cfalse reports and retaliatory action.\u201d Dkt. 19 \u00b6 227. Farzinpour was then terminated without any further proceedings on April 2, 2020 Case 1:20-cv-11003 Document 35 Filed 01/26/21 Page 10 of 23 11 Rule 12(b)(6) motion to dismiss is used to dismiss complaints that do not \u201cstate a claim upon which relief can be granted.\u201d Fed. R. Civ. P. 12(b)(6). To survive a Rule 12(b)(6) motion, the factual allegations in a complaint must \u201cpossess enough heft\u201d to state a claim to relief that is plausible on its face. Bell Atl. Corp. v. Twombly, 550 U.S. 544, 557 (2007). In evaluating the motion, the Court must accept the factual allegations in the plaintiff\u2019s complaint as true, construe reasonable inferences in his favor, and \u201cdetermine whether the factual allegations in the plaintiff\u2019s complaint set forth a plausible claim upon which relief may be granted.\u201d Foley, 772 F.3d at 71 (citation and internal quotation marks omitted A. Title In Count I, Farzinpour\u2019s complaint alleges that Berklee violated Title of the Education Amendments of 1972, 20 U.S.C. \u00a7\u00a7 1681 et seq., by rendering an erroneous outcome in his case due to gender bias. See Doe v. Trs. of Bos. Coll., 892 F.3d 67, 91 (1st Cir. 2018) (explaining the \u201cerroneous outcome\u201d theory of liability under Title IX). Berklee argues that Title preempts Farzinpour\u2019s claims of employment discrimination under Title IX. In response, Farzinpour contends that the First Circuit has held that employment-discrimination claims may proceed under Title IX. In Lipsett v. University of Puerto Rico, Case 1:20-cv-11003 Document 35 Filed 01/26/21 Page 11 of 23 12 864 F.2d 881 (1st Cir. 1988), a case involving a medical resident, the First Circuit concluded that \u201cthe Title standard for proving discriminatory treatment should apply to claims of sex discrimination arising under Title IX\u201d in the context of employment-discrimination claims. Id. at 897. Berklee attempts to factually distinguish this case because a resident is a student. Indeed, the court in Lipsett specifically provided that it had \u201cno difficulty extending the Title standard to discriminatory treatment by a supervisor in this mixed employment-training context\u201d because the plaintiff in the case was \u201cboth an employee and a student in the program.\u201d Id. (emphasis in original). While the factual context of Lipsett makes its holding less than clear-cut, courts have cited Lipsett for the proposition that Title does not preempt employment- discrimination claims brought under Title IX. See, e.g., Doe v. Mercy Catholic Med. Ctr., 850 F.3d 545, 563 (3d Cir. 2017) (citing Lipsett as evidence of the First Circuit\u2019s \u201cdecision[] recognizing employees\u2019 private Title claims\u201d); Summa v. Hofstra Univ., 708 F.3d 115, 131 n.1 (2d Cir. 2013) (declining to address the question of whether a private cause of action for employment discrimination exists under Title IX, but noting that \u201cthe First and Fourth Circuits have recognized such a right of action\u201d); Preston v. Va. ex rel. New River Cmty. Coll., 31 F.3d 203, 207 (4th Cir. 1994) (citing Lipsett for the proposition Case 1:20-cv-11003 Document 35 Filed 01/26/21 Page 12 of 23 13 that the First Circuit was \u201cthe only court of appeals to have actually applied Title in the employment discrimination context\u201d in 1994); Hauff v. State Univ. of N.Y., 425 F. Supp. 3d 116, 130 n.2 (E.D.N.Y. 2019) (\u201cThe First, Third, Fourth, and Tenth Circuit have held that Title does not prevent an employee from pursuing employment discrimination claims under Title IX.\u201d). Although the Courts of Appeal are split on the question of whether Title preempts employment-discrimination claims under Title IX, the Third, Fourth, and Sixth circuits have decided that employees may proceed with such claims. See Mercy Catholic Med. Ctr., 850 F.3d at 559\u201363; Preston, 31 F.3d 205\u201306; Ivan v. Kent State Univ., 92 F.3d 1185, 1996 422496, at 2 (6th Cir. 1996) (per curiam). One court within this circuit has held that a private right of action exists for employees under Title IX. See Bedard v. Roger Williams Univ., 989 F. Supp. 94, 97 (D.R.I. 1997). The Fifth and Seventh circuits have concluded that no private right of action under Title exists for employees. See Lakoski v. James, 66 F.3d 751, 753\u201354 (5th Cir. 1995); Waid v. Merrill Area Pub. Sch., 91 F.3d 857, 861\u201362 (7th Cir. 1996), abrogated on other grounds by Fitzgerald v. Barnstable Sch. Comm., 555 U.S. 246 (2009). The Court finds the reasoning of the majority to be persuasive. Case 1:20-cv-11003 Document 35 Filed 01/26/21 Page 13 of 23 14 Title provides that \u201c[n]o person shall, on the basis of sex, . . . be subjected to discrimination under any education program or activity receiving Federal financial assistance.\u201d See 20 U.S.C. \u00a7 1681(a) (emphasis added). The plain language of the statute suggests that Title was intended to provide private recourse for more than just students. See Mercy Catholic Med. Ctr., 850 F.3d at 562 (noting \u201cCongress\u2019s use of the expansive term \u2018person\u2019 in \u00a7 1681(a)\u201d); see also Bedard, 989 F. Supp. at 97 (describing \u201cCongress\u2019 intent for a broad sweep under Title IX\u201d). For all of the reasons above, the Court denies Berklee\u2019s motion to dismiss Farzinpour\u2019s Title claims. B. Retaliation Farzinpour argues that Berklee retaliated against him for reporting the student for sexual harassment and for complaining about bias in Berklee\u2019s investigative process, in alleged violation of Mass. Gen. Laws ch. 151B et seq. and Title of the Civil Rights Act of 1964, 42 U.S.C. \u00a7 2000e-3(a)(Counts and of his complaint, respectively). More specifically, he alleges that Berklee failed to conduct an impartial investigation into the student\u2019s harassment allegations, rendered an erroneous finding against Farzinpour after investigating the student\u2019s claims, failed to investigate Farzinpour\u2019s claim that he had been harassed, and disciplined Farzinpour when he complained about the fairness of the Case 1:20-cv-11003 Document 35 Filed 01/26/21 Page 14 of 23 15 proceedings. He also claims his termination was in retaliation for his protected activities. To state a prima facie case of retaliation under Title and Mass. Gen. Laws ch. 151B, a plaintiff must demonstrate that \u201c(1) [he] engaged in protected conduct; (2) [he] was subjected to an adverse employment action; and (3) the adverse employment action is causally linked to the protected conduct.\u201d Rivera- Rivera v. Medina & Medina, Inc., 898 F.3d 77, 94 (1st Cir. 2018); see also Mole v. Univ. of Mass., 814 N.E.2d 329, 338-39 (Mass. 2004). The causation element incorporates a \u201cbut-for\u201d standard; that is, \u201ca plaintiff must show that the adverse action would not have occurred in the absence of the protected activity.\u201d Soni v. Wespiser, 404 F. Supp. 3d 323, 332 (D. Mass. 2019). In its motion to dismiss, Berklee argues that Farzinpour has failed to allege a plausible causal link between his report of the alleged harassment and any of the above retaliatory actions by Berklee. Farzinpour contends that his decision to speak up about the unfairness of the process to the students who approached him in class was a protected activity. Farzinpour\u2019s complaint alleges generally that Berklee took retaliatory action against him as a result of \u201chis repeated expressions that Berklee\u2019s investigative process was discriminatory, unfair, retaliatory, and unlawful.\u201d Dkt. 19 \u00b6 414. And because Case 1:20-cv-11003 Document 35 Filed 01/26/21 Page 15 of 23 16 Farzinpour was fired, without process, shortly after discussing the allegations of bias with the students, causation could be inferred from the temporal proximity of these two events. See Fennell v. First Step Designs, Ltd., 83 F.3d 526, 535 (1st Cir. 1996) (inferring causation from the fact \u201cthat [the plaintiff\u2019s] termination occurred shortly after [his] protected conduct\u201d). At this stage, Farzinpour has therefore provided sufficient support for his claim that his termination was retaliatory. For this reason, the Court denies Berklee\u2019s motion to dismiss Farzinpour\u2019s retaliation claims based on Title and Mass. Gen. Laws ch. 151B. C. Contract claims Berklee seeks to dismiss Counts and of Farzinpour\u2019s complaint on the basis that they are preempted by Section 301 of the Labor Management Relations Act (LMRA), 29 U.S.C. \u00a7 185(a). Count of Farzinpour\u2019s complaint alleges that Berklee breached the express and implied terms of Farzinpour\u2019s employment contract by, among other actions, failing to conduct a \u201cthorough, impartial, and fair\u201d investigation; failing to gather and consider all relevant evidence during the investigation; failing to provide an equal opportunity to share information; failing to provide access to evidence; failing to apply the \u201cpreponderance of the evidence\u201d standard; retaliating against Farzinpour; failing to address retaliation against Farzinpour; Case 1:20-cv-11003 Document 35 Filed 01/26/21 Page 16 of 23 17 failing to conduct a timely review of the complaint against Farzinpour; and failing to conduct any process before terminating Farzinpour. Dkt. 19 \u00b6\u00b6 262\u2013333. In Count of his complaint, Farzinpour alleges that his employment contract with Berklee contained an implied covenant of good faith and fair dealing, which was breached because Berklee did not conduct the disciplinary proceedings with \u201cbasic fairness.\u201d Dkt. 19 \u00b6\u00b6 335, 340. According to Berklee, because Farzinpour\u2019s employment contract comprises his appointment letter, which incorporates the CBA, the exclusively governs Farzinpour\u2019s claims. Section 301 of the confers federal jurisdiction over \u201c[s]uits for violation of contracts between an employer and a labor organization representing employees in an industry affecting commerce.\u201d 29 U.S.C. \u00a7 185(a); see also O\u2019Donnell v. Boggs, 611 F.3d 50, 53 (1st Cir. 2010). The Supreme Court \u201ctreats section 301 as a warrant both for removing to federal court state law claims preempted by section 301 and then dismissing them.\u201d O\u2019Donnell, 611 F.3d at 53. The First Circuit has accordingly made clear that \u201c\u00a7 301 preempts a state-law claim when \u2018the asserted state-law claim plausibly can be said to depend upon the meaning of one or more provisions within the collective bargaining agreement.\u2019\u201d Haggins v. Verizon New England, Inc., 648 F.3d 50, 54\u201355 (1st Cir. 2011) (quoting Case 1:20-cv-11003 Document 35 Filed 01/26/21 Page 17 of 23 18 Flibotte v. Pa. Truck Lines, Inc., 131 F.3d 21, 26 (1st Cir. 1997 state-law claim may depend on the meaning of a collective bargaining agreement \u201cif either (1) \u2018it alleges conduct that arguably constitutes a breach of duty that arises pursuant to a collective bargaining agreement,\u2019 or (2) \u2018its resolution arguably hinges upon an interpretation of the collective bargaining agreement.\u2019\u201d Id. at 55 (quoting Flibotte, 131 F.3d at 26). \u201c[A]s long as the state-law claim can be resolved without interpreting the agreement itself,\u201d however, \u201cthe claim is \u2018independent\u2019 of the agreement for \u00a7 301 pre-emption purposes.\u201d Lingle v. Norge Div. of Magic Chef, Inc., 486 U.S. 399, 410 (1988). Farzinpour argues that his breach-of-contract claims are based on Berklee\u2019s Equity Policy, and not on the CBA. Thus, he contends that the Court will not be required to interpret any terms of the CBA, meaning that Section 301 does not preempt his claims. In support of this contention, Farzinpour points to the fact that the Equity Policy states that it applies to \u201c[a]ll members of the Berkeley community.\u201d Dkt. 19 \u00b6 36. Based on this language, Farzinpour argues that the Equity Policy would apply to him regardless of whether he was subject to a CBA. He also notes that his appointment letter states that the appointment was \u201cmade in accordance with and governed by the Case 1:20-cv-11003 Document 35 Filed 01/26/21 Page 18 of 23 19 policies of the Board of Trustees and the College and the Collective Bargaining Agreement between the College and Berklee Chapter of the Massachusetts Federation of Teachers Union.\u201d Dkt. 13-1 at 2 (emphasis added). Because the letter employs the conjunctive \u201cand\u201d to refer to Berklee\u2019s policies and the CBA, Farzinpour argues that the Equity Policy and the must be independent of each other. However, as Berklee points out, Berklee\u2019s Equity Policy is incorporated into the through the CBA\u2019s Memorandum of Understanding #1. This document states \u201c[t]he parties agree that effective May 3, 2018, faculty shall be governed by the college-wide Policy On Relationships Between Faculty/Staff and Students and Relationships In The Workplace (\u2018Policy on Relationships\u2019) and the college-wide Non-Discrimination, Harassment, and Sexual Misconduct Equity Policy and Process (\u2018Equity Policy\u2019).\u201d Dkt. 13-2 at 75. The further provides that faculty members may grieve adverse outcomes resulting from the Equity Policy in accordance with the CBA. Indeed, Farzinpour himself had grieved the outcome of the process against him. Berklee points to a range of decisions suggesting that, where a expressly incorporates a policy or handbook, claims based on the handbook may be construed as claims under the CBA. See Boldt v. N. States Power Co., 904 F.3d 586, 590 (8th Cir. Case 1:20-cv-11003 Document 35 Filed 01/26/21 Page 19 of 23 20 2018) (\u201c[I]f an agreement incorporates an employee handbook or employee-benefit policy by reference, the need to interpret those other documents in adjudicating a claim can also give rise to complete preemption.\u201d); Garley v. Sandia Corp., 236 F.3d 1200, 1210 (10th Cir. 2001) (rejecting a plaintiff\u2019s argument that his claims were based on his employer\u2019s \u201cPersonnel Policy, Code of Ethics, and Director\u2019s Memo,\u201d and not the CBA, because the employer\u2019s policies were \u201cintended to be read in harmony with the CBA\u201d); Stuart v. City of Framingham, No. 1:16-CV-12559- IT, 2020 360552, at 9 (D. Mass. Jan. 22, 2020) (explaining that, where a impliedly incorporated a policy governing internal investigations, the plaintiff \u201ccannot assert a claim for breach of contract or breach of implied covenant of good faith and fair dealing with respect to the [policy] without bringing such claim under the CBA\u201d). In the context of these cases, Farzinpour\u2019s claims based on the Equity Policy are preempted because they are incorporated by reference into the through Memorandum of Understanding #1. This conclusion is supported by the fact that the includes an integration clause, which provides that \u201c[a]ll rights and duties of both parties are specifically expressed in this Agreement and such expression is all-inclusive.\u201d Dkt. 13-2 at 74. The court in Hamilton v. Partners Healthcare Sys., Inc., 209 F. Supp. 3d 397 (D. Mass. 2016), determined that a Case 1:20-cv-11003 Document 35 Filed 01/26/21 Page 20 of 23 21 plaintiff\u2019s breach-of-contract claims were preempted where the court would be required to determine whether a similar integration clause within a required the to be the sole agreement between the two parties. Id. at 408. Here, similarly, this Court would be required to construe the CBA\u2019s integration clause to determine whether Farzinpour might proceed with his claims. Moreover, Article 14 of the states that Berklee will not provide discipline except for just cause. In Stuart v. City of Framingham, similarly, a between a city and its police union provided that \u201c[n]o employee shall be reprimanded, suspended, discharged or otherwise disciplined except for just cause.\u201d 2020 360552 at *9 (alteration in original). When a police officer sued the city for breach of contract, alleging that the city had violated its policy governing internal investigations, the court in Stuart determined that the officer could not bring this claim because the governed termination and discipline of employees represented by the union. Id.; see also Grandison v. Wackenhut Servs., Inc., 514 F. Supp. 2d 12, 17 (D.D.C. 2007) (finding that breach of contract and good faith and fair dealing claims were preempted where the plaintiff claimed that his employer \u201cviolated its contractual obligations with respect to \u2018terminations, disciplinary actions and grievances,\u2019\u201d the terms of which were governed by a CBA). Case 1:20-cv-11003 Document 35 Filed 01/26/21 Page 21 of 23 22 Farzinpour\u2019s claim that Berklee denied him basic fairness is likewise preempted. Farzinpour contends that Berklee\u2019s obligation to comply with the implied covenant of good faith and fair dealing does not stem from the CBA, but rather from the employment contract between Berklee and Farzinpour. However, the contains an express fairness requirement, providing that, \u201c[t]he parties agree on the importance of prompt, fair, transparent, and thorough investigations, as described in the Policies, including the right of notice to the faculty member of the allegations against them and an opportunity for that faculty member to respond.\u201d Dkt. 13-2 at 75. Because the promised basic fairness in the proceedings against Farzinpour, the implied covenant of good faith and fair dealing is rendered superfluous by Berklee\u2019s express contractual promise of fairness. See Trs. of Bos. Coll., 892 F.3d at 88 (\u201c[W]henever a school expressly promises no less than basic fairness, . . . the school\u2019s implied duty becomes superfluous and the court\u2019s analysis to ensure that the disciplinary proceedings were \u2018conducted with basic fairness\u2019 focuses on assuring compliance with the express contractual promise.\u201d (quoting Cloud v. Trs. of Bos. Univ., 720 F.2d 721, 725 (1st Cir. 1983))). D. Estoppel Relatedly, Berklee argues that Farzinpour\u2019s estoppel claims are preempted by Section 301 of the because they are tied Case 1:20-cv-11003 Document 35 Filed 01/26/21 Page 22 of 23 23 to Berklee\u2019s alleged breach of the Equity Policy. For the reasons articulated above, the Court concludes that Farzinpour\u2019s estoppel claim are preempted by Section 301. E. Negligence and Negligent Infliction of Emotional Distress Farzinpour does not oppose Berklee\u2019s motion to dismiss his claims for negligence and negligent infliction of emotional distress. The Court therefore dismisses these claims For all of the reasons set forth above, this Court Berklee\u2019s motion to dismiss Farzinpour\u2019s Title claim Berklee\u2019s motion to dismiss Farzinpour\u2019s retaliation claim, and Berklee\u2019s motion to dismiss Farzinpour\u2019s claims based on breach of contract, basic fairness, estoppel, negligence, and negligent infliction of emotional distress ORDERED. /s Hon. Patti B. Saris United States District Judge Case 1:20-cv-11003 Document 35 Filed 01/26/21 Page 23 of 23"}
8,662	Anthony Ogden	Michigan State University	[ "8662_101.pdf", "8662_101.pdf" ]	{"8662_101.pdf": "Take a peek behind the curtain and test drive the StateNews.com today! news / msu Amidst Nassar crisis worried other scandals would come out Theo Scheer September 26, 2024 Vennie Gore, Vice President for Auxiliary Enterprises, left, and Robert Noto, General Counsel and Vice President for Legal Affairs talk before the Board of Trustees meet on Sept. 8, 2017 at Hannah Administration Building. \u2014 Photo by Carly Geraci \| The State News As Larry Nassar\u2019s abuse thrust Michigan State University into the limelight, university officials worried about what other skeletons the media might find in its closet. Throughout the scandal, university lawyers and communications staff often briefed leaders on potential crises they feared would leak \u2014 wide-ranging lists that included everything from high-profile sexual misconduct allegations to a controversial maple syrup vendor. Thousands of long-secret documents released by Michigan\u2019s attorney general earlier this month show that was often successful in keeping these stories from getting out faculty members, athletes accused of misconduct officials were seemingly worried they would be required to send files on former psychologist Gary Stollak to the Department of Education. Stollak surrendered his license in 2018 after failing to report Nassar\u2019s suspected abuse. Subscribe Do you want the news without having to hunt for it? Sign up for our morning s'newsletter. It's everything your friends are talking about and then some. And it's free! Email First Name Last Name Newsletter Topics The State News Daily Relentless Football Weekly The State News will never share your email address with anyone. Promise. Detailed within those files was Stollak's own history of sexual misconduct, according to the records child psychologist who studied under Stollak in the 1970s wrote to officials that in a private meeting during her first year of graduate school, Stollak had abruptly asked her, \"Do you masturbate?\" Decades later, she reported the incident to David Mittleman, an attorney representing several Nassar survivors. Mittleman told her that a dozen other former students had also told him about \"far far worse\" experiences they had with Stollak. The former student\u2019s email to triggered an case in November 2017, but it quickly ended because the department \"didn\u2019t have enough information to go forward with an investigation,\" according to a memo. Then-Assistant General Counsel Shannon Torres asked her colleagues whether they should include the files on Stollak in a batch of Nassar-related records being sent to the Department of Education. \"This is ready to include in the production of reports Monday as it relates to misconduct by Nassar, but the subject of the complaint is actually Stollak, so if you or others prefer to withhold, we would have a basis for doing so,\" Torres wrote in February 2018. After consulting with outside legal counsel, Torres decided the files would be included, records show. Stollak didn\u2019t respond to a request for comment. In February 2018, there were \"several ongoing sexual harassment investigations involving prominent or nationally known faculty members,\" then-General Counsel Robert Noto wrote in an email at the time. Noto and his colleagues were preparing for a meeting to brief the then-president, John Engler, on \"any crisis that we can foresee and with which he may have to deal within the next month.\" Noto listed three names; the only name not redacted was that of William Strampel, the former College of Osteopathic Medicine dean who briefly went to jail for his role in the Nassar scandal. An spokesperson declined to name the other two faculty members. Vincent Cipolla, a former faculty member in the college of osteopathic medicine, had also been interviewed in September 2016 \"in connection with Nassar,\" according to emails between university staff patient of Cipolla had accused him of \"spending an inordinate amount of time\" manipulating the muscles between her breasts, making rude comments and placing her hand on his buttocks, according to investigatory files shared with The State News. The incidents happened in 2007. Former Title investigator Elizabeth Abdnour, who worked on the case, said the patient came forward in 2016 because she feared Cipolla was a serial predator like Nassar. The result of the investigation is unclear. Abdnour forwarded an email exchange she had with Cipolla's attorney to university counsel at the time, writing in case this becomes a you-know-what storm while I'm on vacation.\" Cipolla didn\u2019t respond to a request for comment. Another unnamed physician was being investigated for sexual assault in March 2018, records show. He was temporarily suspended during the investigation. It\u2019s unclear what its findings were. In a lengthy email preparing for a meeting with then-president Lou Anna Simon in October 2017, then- spokesperson Jason Cody detailed several possible media crises. One potential crisis was in relation to Anthony Ogden, MSU\u2019s former executive director of Education Abroad. Ogden was reassigned then resigned in 2017 after violating the university\u2019s Relationship Violence and Sexual Misconduct Policy, Cody wrote. The investigation \"related to sexual harassment complaints from male employees, as well as other verbal abuse/management concerns voiced by others,\" Cody wrote. Ogden was reassigned in May 2017 to a position where he\u2019d work on special projects for the dean \"outside of the office,\" but resigned seven months later. Ogden did not respond to a request for comment. James Rhodes, then-president of Local 1585, the union that represents MSU\u2019s service workers, was terminated in January 2017 for sexual harassment, Cody wrote. The story was picked up by local media when he was reelected president a few weeks later. But documents reveal that multiple women made allegations against Rhodes, not just the one reported by the Lansing State Journal. In addition, \"several people within the union hierarchy\" were briefly suspended for retaliating against the women who reported the misconduct. Cody was also worried that a former dining hall manager\u2019s \"checkered history\" could harm the university\u2019s reputation. In 2017, as he was already in prison, Tunc Uraz offered to pay an undercover cop to kill his girlfriend, according to police. His potential trial \u2014 at which two Residential and Hospitality Services workers were slated to testify \u2014 \"could paint in a negative light,\" Cody wrote. Uraz\u2019s \"past transgressions\" at the university included \"sexual misconduct, accosting employees off- hours via a cab serviced he ran\" and attempting \"to get one of his employees to get him a gun (he had a filed against him by the former student-employee and thus couldn't get a gun legally),\" Cody wrote. Uraz left the university in April 2016 after the gun incident. MSU\u2019s athletics programs were another source of concern for university lawyers and communications staff. Campus police and were investigating a walk-on men\u2019s basketball player for sexual assault in October 2017, Cody wrote in his briefing. The player was not named. Controversial maple syrup vendor Other times made decisions to avoid bad press altogether. In one briefing, alongside reports of violent crime and sexual misconduct officials expressed concern that the media would catch wind of a potentially controversial university decision regarding a maple syrup vendor. In 2017, East Lansing removed family-owned farm Country Mills from the city\u2019s farmers market because the Dewitt-based vendor opposed gay marriage. In turn, Country Mills successfully sued the city for violating the owner\u2019s freedom of speech and religion \u2014 a move that attracted considerable press. Media coverage of the situation caught MSU\u2019s attention, since the university used Country Mills maple syrup in its dining halls, Cody wrote in 2017 decided it would stop doing business with the vendor. \"No media attention on us yet,\" Cody wrote. Liz Abdnour is representing The State News in its lawsuit against MSU. Senior Reporter Alex Walters and Administration Reporter Owen McCarthy contributed reporting. search... sections news sports spotlight opinion classifieds obituaries quick links about advertise board of directors photo reprints privacy policy corrections & archives student positions social alumni contact us email newsletter All Content \u00a9 2025 State News, Inc. Powered by Solutions by The State News."}
8,464	Justin Trudeau	University of North Texas ‚Äì Denton	[ "8464_101.pdf", "8464_102.pdf", "8464_103.pdf", "8464_104.pdf", "8464_105.pdf" ]	{"8464_101.pdf": "fake Justin Trudeau sex scandal went viral. Canada's election-integrity law can't stop it By Emma McIntosh \| News, Politics \| October 10th 2019 #57 of 84 articles from the Special Report: Democracy and Integrity Reporting Project Get daily news from Canada's National Observer Your email address Sign up Subscribe 2/22/25, 6:16 fake Justin Trudeau sex scandal went viral. Canada's election-integrity law can't stop it \| Canada's National Observer: Climate News 1/16 Prime Minister Justin Trudeau outside Rideau Hall in Ottawa on Sept. 11, 2019. Photo by Andrew Meade An unsubstantiated rumour Prime Minister Justin Trudeau left a former teaching job due to a sex scandal has, for the past week or so, spread like wildfire across the internet. The false information snowballed, passing from a gossip rag to Twitter to the darkest corners of Reddit to Facebook. Get daily news from Canada's National Observer 2/22/25, 6:16 fake Justin Trudeau sex scandal went viral. Canada's election-integrity law can't stop it \| Canada's National Observer: Climate News 2/16 website known for false Canadian news stories published an article dubiously claiming the rumours were correct, which quickly spread to nearly 25 million people and counting, according to the social media monitoring tool CrowdTangle. But because the fake story appears to originate inside Canada rather than from a foreign power, the federal government\u2019s anti-election- meddling panel \u2060\u2014 which hasn\u2019t spoken publicly about the rumour \u2060\u2014 is unlikely to tackle it, experts consulted by National Observer said. It\u2019s a case study for a crucial gap in Canada\u2019s defences against disinformation on the campaign trail. Unsubstantiated rumours of a Justin Trudeau sex scandal went viral. Canada's election-integrity law doesn't have a mechanism to stop it. #cdnpoli #elxn43 \u201cMisinformation is probably going to be spread by domestic actors rather than foreign actors, said Fenwick McKelvey, a communications professor at Concordia University who studies disinformation. \u201cWe don\u2019t have a good counter-mechanism.\u201d Canadian voters will head to the polls for the federal election on Oct. 21. For weeks amid the chaos of the campaign trail, unfounded rumours about Trudeau have circulated around his departure from West Point Grey Academy, the elite private school in Vancouver where the Liberal leader taught for a few years before leaving in 2001 now- Get daily news from Canada's National Observer 2/22/25, 6:16 fake Justin Trudeau sex scandal went viral. Canada's election-integrity law can't stop it \| Canada's National Observer: Climate News 3/16 infamous photo of Trudeau in brownface originated from a West Point Grey yearbook.) Gossip rag Frank magazine \u2060\u2014 rarely a reputable source \u2060\u2014 published an unsourced story claiming Trudeau may have had an affair with the mother of a West Point Grey student. Then, on Friday, a former Liberal operative hinted on Twitter that news about Trudeau from the Globe and Mail was incoming, and a freelance writer named claimed without evidence that media outlets were \u201csitting on\u201d a story about Trudeau having slept with a teenager (the writer has since said he regrets spreading the rumour). No such story was ever published and there\u2019s no evidence one was ever in the works. The same day, a right-wing upstart media outlet called The Post Millennial wrote an article about the gossip, prompted by a Globe and Mail reporter questioning Trudeau in a press conference about why he left the job. In response to that question, Trudeau said he had \u201cmoved on\u201d with his life. The former headmaster of West Point Grey at the time, Clive Austin, put out a statement saying there was \u201cno truth\u201d in any speculation Trudeau had been dismissed, but this did nothing to halt the rumour mill. It likely stuck, McKelvey said, because it plays on a frequent trope in right-wing memes displaying Trudeau as \u201ccreepy.\u201d That, in turn, dates back to 2018 allegations the prime minister groped a female reporter nearly two decades earlier. Each new voice on the West Point Grey rumour added another dimension to the gossip and touched off a fresh groundswell of speculation \u2060\u2014 even, bizarrely, a rumour that a court injunction from Get daily news from Canada's National Observer 2/22/25, 6:16 fake Justin Trudeau sex scandal went viral. Canada's election-integrity law can't stop it \| Canada's National Observer: Climate News 4/16 the Liberals had blocked the fictional Globe story. (The paper\u2019s editor- in-chief, David Walmsley, didn\u2019t respond to a request for comment, but the Liberal party told Canadaland no such injunction existed.) This election, Canada has new measures designed to guard against such disinformation, which has the potential to sway elections. In September 2018, the current Liberal government introduced an election-integrity task force of officials from the RCMP, Global Affairs Canada and Canada\u2019s two intelligence agencies. The government also created the Critical Election Incident Public Protocol \u2060\u2014 a panel of bureaucrats tasked with investigating threats to Canadian elections, activated as soon as the election is called. But the panel is mainly focused on foreign meddling, and all members must sign off before it can notify the public of important incidents. In response to questions about whether the panel was investigating the false stories circulating about Trudeau, a government spokesperson reiterated that information about threats to the election would be communicated to senior government officials. \u201cThe decision to speak publicly will rest with the panel... should they be of the view any incident or series of incidents threatens the integrity of the election,\u201d the statement read. The disinformation about Trudeau is widespread and worrying, but it\u2019s difficult for governments to intervene when it\u2019s being spread by domestic actors, said Katie Gibbs, executive director of Evidence for Democracy, a non-partisan not-for-profit that advocates for science- based policy think we can all agree that foreign interference is something we don\u2019t want in our elections, especially when it\u2019s misinformation,\u201d she Get daily news from Canada's National Observer 2/22/25, 6:16 fake Justin Trudeau sex scandal went viral. Canada's election-integrity law can't stop it \| Canada's National Observer: Climate News 5/16 said think people\u2019s thoughts on what to do about it are fuzzier when it\u2019s domestic.\u201d In some ways, McKelvey said, the question of how to handle Canadians who spread incorrect information is \u201cwhere it gets into ethics\u201d \u2060\u2014 especially when political groups participate. It\u2019s difficult to regulate those issues without wading into free-speech issues and accusations of partisanship, he added. \u201cIt\u2019s always been kind of a grey area.\u201d In a statement sent to media outlets Thursday afternoon, after this story was initially published, the Liberal Party said it wouldn't comment on \"any story from an outlet with a history of spreading disinformation and complete falsehoods.\" \u2018Leaning into this conspiracy that\u2019s circulating online\u2019 Get daily news from Canada's National Observer 2/22/25, 6:16 fake Justin Trudeau sex scandal went viral. Canada's election-integrity law can't stop it \| Canada's National Observer: Climate News 6/16 The Buffalo Chronicle, a site that's published false stories about Canadian politics in the past, posted an unsubstantiated article about the West Point Grey rumours on Oct. 7, 2019. Screenshot from The Buffalo Chronicle website On Oct. 7, the Conservative party put out a press release questioning why Trudeau left West Point Grey, driving another spike in attention to the gossip. That evening, the Buffalo Chronicle, an American website known for publishing false stories about Canadian politics mixed with wire copy, upped the ante in an unsourced article published with no byline. It Get daily news from Canada's National Observer 2/22/25, 6:16 fake Justin Trudeau sex scandal went viral. Canada's election-integrity law can't stop it \| Canada's National Observer: Climate News 7/16 claimed without evidence Trudeau was trying to pay off a former student, and that quickly spread through Reddit, Facebook and Twitter to a network of more than 24.6 million people, according to CrowdTangle. In an email to National Observer, Buffalo Chronicle publisher Matthew Ricchiazzi said he left the reporters\u2019 bylines off the story to protect the identity of their sources, but two journalists had consulted \u201cnearly a dozen\u201d people working in Canadian politics. \u201cIn identifying the journalists involved, we would be, in effect, exposing their sources, given the existence of extensive digital footprints linking them,\u201d Ricchiazzi said. McKelvey said it was clear the rumours weren\u2019t a true story. \u201c(The Conservative party) should have to wear that (the press release) might have been a bad judgment call,\u201d he added. The Conservative party didn\u2019t answer specific questions from National Observer about the intent of the press release, and whether it was concerned it may have fanned the flames of an unsubstantiated rumour. Instead, spokesman Simon Jefferies pointed to contrasting reports about why Trudeau left West Point Grey. In one story Trudeau disputed at the time, the Ottawa Citizen reported he had left to pursue speaking gigs (in fact, Trudeau took a job at a public school). Trudeau\u2019s 2014 biography said he\u2019d had a values dispute with school administration over an article in the school newspaper about dress codes, and that he took a public school job shortly afterward 2015 Vancouver Sun article and 2019 book later repeated the same sentiment. Get daily news from Canada's National Observer 2/22/25, 6:16 fake Justin Trudeau sex scandal went viral. Canada's election-integrity law can't stop it \| Canada's National Observer: Climate News 8/16 \u201cWe were simply asking why Justin Trudeau\u2019s story keeps changing,\u201d Jefferies said in a statement. All political parties spin information and raise suspicion about the morals of opposing candidates, McKelvey said: \u201cThis one is nuanced and slightly problematic because it\u2019s leaning into this conspiracy that\u2019s circulating online.\u201d Speaking generally, Gibbs said political parties sharing incorrect information has been a \u201cconcerning\u201d issue in the current election. \u201cWe\u2019ve seen in this election candidates and even leaders and parties sharing misinformation and information that they should and probably do know is false,\u201d she said. The Liberal party didn\u2019t respond to a request for comment by publication time Wednesday. Domestic interference is difficult to regulate Get daily news from Canada's National Observer 2/22/25, 6:16 fake Justin Trudeau sex scandal went viral. Canada's election-integrity law can't stop it \| Canada's National Observer: Climate News 9/16 meme containing false information based on the Buffalo Chronicle story was circulated on Twitter Wednesday. Though the false stories about Trudeau have had significant reach \u2060\u2014 and in the case of the Buffalo Chronicle, cross-border amplification \u2060\u2014 they don\u2019t rise to the level of being addressed by the government\u2019s election-integrity panel, McKelvey said. Get daily news from Canada's National Observer 2/22/25, 6:16 fake Justin Trudeau sex scandal went viral. Canada's election-integrity law can't stop it \| Canada's National Observer: Climate News 10/16 \u201cIs the Buffalo Chronicle foreign interference wouldn\u2019t call it that,\u201d he said. \u201cThe threshold for me would be state politics, something a bit more centralized.\u201d It\u2019s modelled that way because lawmakers were trying to prevent a situation similar to the one during the 2016 U.S. presidential election, when Kremlin-backed accounts spread false information online, McKelvey said. In general, they aimed to inflame existing societal divisions and increase polarization in online conversation. The problem is, domestic actors have also adopted these tactics \u2060\u2014 in the Alberta provincial election in April, for example, federal researchers found no evidence of foreign meddling, but some proof of people within Canada adopting similar techniques. Talk about regulating \u2018foreign interference\u2019 has now become a stand-in for a much more difficult conversation about social conflicts in Canadian society and how we can tackle it, McKelvey said. Even if there was foreign interference in the current federal vote, we likely wouldn\u2019t know until after the fact, unless the federal government panel was already aware of it and made the news public, McKelvey said. It\u2019s also hard to tell the difference between foreign and domestic meddling, as foreign countries can also use Canadians to spread false information. This is even more complicated to regulate because scientific evidence increasingly shows false stories are difficult to stop once they\u2019re in the public sphere, McKelvey added. \u201cIt\u2019s harder to correct than it is to get it out there in the first place.\u201d Get daily news from Canada's National Observer 2/22/25, 6:16 fake Justin Trudeau sex scandal went viral. Canada's election-integrity law can't stop it \| Canada's National Observer: Climate News 11/16 October 10th 2019 Emma McIntosh Reporter Keep reading EXCLUSIVE: Twitter sold campaign ads to white-nationalist party candidate By Emma McIntosh \| News, Politics \| October 8th 2019 What will Scheer do to Canada? By Bruce Livesey \| Analysis \| October 2nd 2019 Six fact checks from the first official English-language leaders debate By Emma McIntosh, Fatima Syed & H.G. Watson \| News, Politics \| October 7th 2019 Editor's Note: This story was updated at 6:51 p.m on Oct. 10, 2019 to add comment from the Liberal Party. It was updated again at 6:01 p.m on Oct. 11, 2019 to clarify that the former Liberal operative hinted, not claimed, that news about Trudeau, not a scoop, was incoming. Get daily news from Canada's National Observer 2/22/25, 6:16 fake Justin Trudeau sex scandal went viral. Canada's election-integrity law can't stop it \| Canada's National Observer: Climate News 12/16 Share this article Comments Subscribe to join the conversation. Already a subscriber? Log in. J. B. \| October 10th 2019, 11:38 pm In other news, the Conservative party repeatedly tried to peddle a story about sex scandal involving Andrew Scheer. News outlets, respectable and otherwise, found it to be absolutely implausible. M. L. \| October 11th 2019, 07:05 am These issues, and there are far too many, have taken over this election submitted a complaint to Elections Canada regarding other concerns and was educated by that the concerns, although no doubt valid, was not part of their reach/scope. Those who are willing to defame, lie and misrepresent data or statements know the \"law\" and practice their craft just inside the edge of legality few times the has had to retract \"mistatements am not aware of any similar retractions from the Libs or Greens and accept that they too may have been forced to correct errors or complete falsehoods however in my experience have only seen this primarily with the party. For example, yesterday the _HQ sent Media Alert informing the \"Media\" that \"an important issue regarding Mr. Trudeau's \"behaviour\" would be announced at 3pm\", just hours prior to the last debate haven't seen any \"new\" concern nor a retraction of the alert.. However the suggestion that there is some buried sex scandal involving the and is about to come out any minute\" is election-engineering or election-kidnapping. The fact that, at the moment, these acts are beyond the grasp of the regulators indicates the need to revise our laws to preserve not only the reputation of political leaders but bring new integrity into our elections. At the same time Canada's laws on defamation, slander and libel may be a useful tool for the Get daily news from Canada's National Observer 2/22/25, 6:16 fake Justin Trudeau sex scandal went viral. Canada's election-integrity law can't stop it \| Canada's National Observer: Climate News 13/16 affected individual but these are only helpful after the fact and they are not of help during the election campaign. The propogators of these damaging rumours/stories know this as well and take their chances. The \"Walrus\" ran a disturbing story regarding the numerous threats that have been sent to Mr Trudeau. Many of these appear on the Facebook page has declined their request to remove these. The same applies to Mr, Scheer's claim of being a licenced Insurance Broker in Saskatchewan. He is not and has never been, yet his web page bio's maintain the claim: andrewmp.ca/en andrewmp.ca/fr and This violates the Saskatchewan Insurance Act Sec.419(1). So a front runner in this election made an error in his claim, was informed of the restricted use of the title and had not corrected the web sites. That sends a strong message of how we can just skirt laws, make false claims and promise anything \"if am elected large number of the electorate do mot have time to dig into the issues and will judge the candidates on their perceptions of character, polling data (from all sources) or all too often upon tabloid like \"fake\" news items. The system is so broken that we have had \"persons who write comments for fringe media refuse to call them journalists), included in the last two post debate sessions. Their goal is not to obtain answers about the leaders comments or platforms but rather to further challenge and attempt to humiliate to obtain that video clip that will circulate on their video sharing platforms, adorned as they wish with their edited comments. Sadly all of this is within the Law! Canadians should look into the histories of these individuals who pose as journalists to better understand their credentials and alliances. It would enlighten or frighten many, yet here they were front and centre on the hope that Canadians who truly care for the Canada that we purport to be, will all look deeply into these serious threats to our democracy and press our regulators for added protection not simply for our leader's reputation but for our own national integrity should add that if there were serious valid complaints made toward any of the leaders of any sexual predator type behaviour then would certainly want that leader prosecuted by the courts. This applies to any of the leaders. As Cardinal Wolsey \"may\" have said: \"Be very, very careful what you put into that head, because you will never, ever get it out.\" This is the mantra of the \"fake news generators\". Get daily news from Canada's National Observer 2/22/25, 6:16 fake Justin Trudeau sex scandal went viral. Canada's election-integrity law can't stop it \| Canada's National Observer: Climate News 14/16 can only hope that the election occurs without further issues and that regardless of how it resolved that we have a result that Canadians can have faith in, that it is an accurate and air representation of the votes cast. Good luck to us all! Thank you Nat Obs for these reports! Timothy Wilson \| October 11th 2019, 07:51 am The Globe & Mail was specifically named in The Buffalo Chronicle \"story\", which has been discredited here as well as at Canadaland. Apparently, there is no imminent Globe story. So, all we need is for The Globe & Mail to back all this up with a definitive \"nothing to see here\" statement. We're still waiting on that guess The can rightly say that it's not its job to correct rumours, but by letting things stand it might leave some people wondering if there isn't something to all this. Betsy Cornwell \| October 11th 2019, 08:40 am Only the terminally naive could swallow the idea that such a \"juicy\" story involving such a prominent name/family, could have remained \"buried\"for decades. It is always wise to remember the old phrase, \"two can keep a secret if one of them is dead\". In other words, the idea of secrecy is itself fallacious. Take news of long buried secrets and long running hidden conspiracies with tons of salt. We have enough problems with outed, up front \"conspiracies\" - like the Federalist Society in the U.S. which has funded and fostered the anti- democratic and ultra right wing bias of the U.S. judicial system. Who needs fake news - real news is discouraging enough! Support award-winning independent journalism with your subscription today Finalist Canadian Association of Journalists Data journalism award Human rights reporting award Get daily news from Canada's National Observer 2/22/25, 6:16 fake Justin Trudeau sex scandal went viral. Canada's election-integrity law can't stop it \| Canada's National Observer: Climate News 15/16 Outstanding investigative journalism Winner Michener Award Meritorious public service journalism 2019 & 2016 Winner National Newspaper Award Columns (2021) Business reporting (2016) Finalist Canadian Journalism Foundation Award for Climate Solutions Reporting Jobs Freelance for Us Masthead Advertise Search Help The Trust Project Contact Ethics Terms Privacy Admin Subscribe Newsletter Donate Get daily news from Canada's National Observer 2/22/25, 6:16 fake Justin Trudeau sex scandal went viral. Canada's election-integrity law can't stop it \| Canada's National Observer: Climate News 16/16", "8464_102.pdf": "Home Living Style & Beauty Kitchen & Dining Personal Care Gift Guide Deals Travel Lifestyle Entertainment Puzzmo World Professor named Dr. Justin Trudeau sues university for discrimination over sexual harassment claims Postmedia News Published Oct 10, 2019 \u2022 2 minute read Woman accused of drugging and robbing older men in a deadly 1 Former NHLer destroys \u2018sellout\u2019 P.K. Subban over support for Donal 2 COVID-like bat virus discovered by researchers in Chinese 3 Best Buy\u2019s latest filled with surpri deals on luggag 4 Join the conversation Travel more. Spend less. Enjoy up to 50% off hotel accommodations. Start saving>> Travel more. Spend less. Enjoy up to 50% off hotel accommodations. Start saving>> Sections Search Sign In 2/22/25, 6:16 Professor named Dr. Justin Trudeau sues university for discrimination over sexual harassment claims \| Canoe.Com 1/8 Dr. Justin Trudeau. (University of North Texas university professor from Texas who shares a name with the Prime Minister of Canada is suing his employer for discrimination after being accused of sexual harassment. Dr. Justin Trudeau is taking the University of North Texas to court after he says he was mistreated during an investigation into allegations of sexual harassment claims from three female students, according to the Daily Mail 2/22/25, 6:16 Professor named Dr. Justin Trudeau sues university for discrimination over sexual harassment claims \| Canoe.Com 2/8 Trudeau \u2013 not to be confused with Canada\u2019s controversial prime minister \u2013 has worked as a communications instructor at the school since 2005. The man claims he\u2019s had a perfect track record until December 2017 when the three sexual harassment claims surfaced. Trudeau\u2019s lawsuit listed the female students\u2019 allegations. The University of North Texas reportedly investigated six allegations and found \u201csufficient evidence\u201d to back up four of them. The students allege Trudeau called their performance of scenes from the book Director\u2019s Purpose, \u201chot and erotic.\u201d The professor claimed the book, which was chosen by the students, can be considered eroticism. Travel Time Plan your next getaway with Travel Time, featuring travel deals, destinations and gear. [email protected] By signing up you consent to receive the above newsletter from Postmedia Network Inc. Another allegation from the students stated Trudeau told one of them to he would give them an grading if she convinced other students to engage in a sexual manner on stage. The students also alleged the teacher made a \u201csexual comment\u201d and gave \u201csexualized feedback\u201d to the student. Sign Up 2/22/25, 6:16 Professor named Dr. Justin Trudeau sues university for discrimination over sexual harassment claims \| Canoe.Com 3/8 According to the lawsuit obtained by the Daily Mail, the students also claimed Trudeau classified one student who had a history of mental illness as a \u201cpsychopath.\u201d Two other allegations made against Trudeau: a comment he made about a student\u2019s breasts and his comments about another\u2019s attire, were unproven. The professor is adamant the accusations have no merit and believes the University of North Texas treated him unjustly by not keeping the investigation under wraps \u2013 thus prompting other teachers and students to find out about them. While the post-secondary institution ruled that some of the students\u2019 claims were true, Trudeau is still employed there. The teacher had to take sexual harassment training and didn\u2019t work last summer, which he claims hurt him financially. After the allegations were made, the professor claimed he immediately took them to the school\u2019s governing body. Trudeau said the allegations were not properly investigated and he was not kept updated on the investigation, or given a chance to defend himself. The man is now suing the school for $100,000, stating he was never given a fair chance to fight the allegations, which he said damaged his reputation 2/22/25, 6:16 Professor named Dr. Justin Trudeau sues university for discrimination over sexual harassment claims \| Canoe.Com 4/8 Canoe Pathologist flip-flops on cause after Philadelphia woman found dead with 20 stab wounds The pathologist who ruled the death of 27-year-old Philadelphia teacher Ellen Greenberg was a homicide, before switching his determination to a suicide, has retreated to his initial position. 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All rights reserved. Unauthorized distribution, transmission or republication strictly prohibited. 2/22/25, 6:16 Professor named Dr. Justin Trudeau sues university for discrimination over sexual harassment claims \| Canoe.Com 8/8", "8464_103.pdf": "501e-8e15-62bf7c55c2fd.html professor sues university for $100,000-plus By Jenna Duncan Staff Writer [email protected] Oct 7, 2019 The Library Mall at the University of North Texas file photo University of North Texas professor Justin Trudeau has sued the university for in excess of $100,000 in damages, claiming university officials mishandled an investigation into allegations that he sexually harassed students. The lawsuit details the fallout after students in a fall 2017 graduate class in adaptation and staging gave him bad evaluations and complained that he sexually harassed students, according to the lawsuit. Privacy - Terms 2/22/25, 6:16 professor sues university for $100,000-plus \| News \| dentonrc.com 1/3 An internal investigation by the Office of Equal Opportunity over the course of five months found that four of the six claims were substantiated, according to the lawsuit. This includes him saying student performances were \u201chot\u201d and \u201cerotic\u201d and calling a student with bipolar disorder a \u201cpsychopath.\u201d \u201cThe allegations made against Plaintiff were baseless and did not violate the university\u2019s policies or federal law as the \u2018allegations\u2019 were not \u2018severe, persistent or pervasive,\u2019 the definition used by UNT, to have interfered with the complaining students\u2019 ability to participate in or benefit from the class,\u201d the lawsuit states. The office ruled Trudeau would not be eligible for merit pay raises and wouldn\u2019t be eligible to teach summer classes for extra income. He appealed the decision to the University Grievance Committee, which couldn\u2019t overturn the decision. Michael Kelly, Trudeau\u2019s attorney, argues this denied him an important step in the appeals process. The committee decided in November 2018 that the summer teaching sanction be withdrawn, and not having a merit raise since 2017 was sufficient punishment. Trudeau and Kelly did not respond to requests for comment. Leigh Anne Gullett, a spokeswoman for UNT, said university officials have been served with a lawsuit, but are aware of it and will respond when necessary. \u201cWe will review any claims made by Professor Trudeau and his attorney, and then respond accordingly,\u201d she said in an emailed statement. \u201cWe believe in maintaining an educational environment free from harassment and discrimination. The university found Professor Trudeau did not meet these expectations, and the appropriate disciplinary actions were taken.\u201d In Trudeau\u2019s performative studies class within the Department of Communication Studies in fall 2017, a guiding text had a chapter about eroticism, which included performances on these topics, according to the lawsuit. It concedes there were conversations about the subject matters, but Justin Trudeau 2/22/25, 6:16 professor sues university for $100,000-plus \| News \| dentonrc.com 2/3 doesn\u2019t clearly state whether the allegations were true or not. \u201cThe content or theme can indeed be read as sensual, erotic, or sexual,\u201d it states. \u201cAnd that this in turn required Plaintiff to talk about these subjects in his role as a teacher, and evaluator or facilitator after the performances were finished.\u201d The lawsuit says this context was lost in the investigation, and the investigation was unfair toward him because Trudeau is a man. Additionally, it takes issue with how long the investigation took \u2014 five months instead of the standard 45 days. News that he was under investigation also spread within the department, which violated policy and Trudeau\u2019s right to privacy, the lawsuit states. He\u2019s suing on five counts: retaliation under Title IX, violation of due process, violation of First Amendment rights, violation of the equal protection clause of the 14th Amendment and breach of contract. Trudeau was first hired in 2005 and was given tenure in 2012. According to university data, he makes $69,880 annually. In addition to seeking in excess of $100,000 in damages, he wants the student evaluations from the course erased from his record and legal fees up to $127,500 paid for by the university can be reached at 940-566-6889 and via Twitter at @jennafduncan. 2/22/25, 6:16 professor sues university for $100,000-plus \| News \| dentonrc.com 3/3", "8464_104.pdf": "5TH v (2021) United States Court of Appeals, Fifth Circuit. Justin TRUDEAU, Plaintiff-Appellant, v REGENTS; Eve Bell, in her Individual and Official Capacities; Brian Richardson, in his Individual and Official Capacities; Christina Brodie, in her Individual and Official Capacities; David Holdeman, in his Individual and Official Capacities; Steven Cobb, in his Individual and Official Capacities, Defendants-Appellees. No. 20-40532 Decided: July 09, 2021 Before King, Dennis, and Ho, Circuit Judges. Michael Patrick Kelly, Attorney, Dallas, TX, for Plaintiff-Appellant. Matthew Tyler Bohuslav, Assistant Attorney General, Office of the Attorney General for the State of Texas, Austin, TX, for Defendant-Appellee University of North Texas, Eve Bell, Brian Richardson. Rola Daaboul, Assistant Attorney General, Office of the Attorney General, General Litigation Division, Austin, TX, for Defendant-Appellee Christina Brodie. Plaintiff-appellant Justin Trudeau was disciplined by his employer, defendant-appellee University of North Texas, following a Title investigation that substantiated allegations of sexual harassment. Trudeau filed suit against the university, alleging, in relevant part, violations of the First Amendment, the Due Process Clause of the Fourteenth Amendment, and Title IX\u2014claims which the district court dismissed with prejudice. Trudeau now appeals. We AFFIRM. \uf002 / / / / Find a Lawyer Legal Forms & Services \uf107 Learn About the Law \uf107 Legal Professionals \uf107 Blogs 2/22/25, 6:16 v (2021) \| FindLaw 1/14 I. Justin Trudeau is a tenured associate professor at the University of North Texas (\u201cUNT\u201d), where he teaches graduate and undergraduate courses in the department of communication studies. In the Fall semester of 2017, Trudeau taught a graduate course, Seminar in Adaption and Staging. During this course, students were assigned a book titled Director Prepares, the third chapter of which \u201creferred to \u2018eroticism.\u2019 \u201d In January 2018, after the class had concluded, Trudeau was made aware of an official investigation into his conduct in the class. The allegations investigated included the following incidents that allegedly occurred over the course of the semester: \u2022 Trudeau informed the class that \u201c[n]o one gets through my class without getting naked.\u201d \u2022 Trudeau asked a student director if anyone in the class was pregnant, and when she responded no, he stated \u201c[i]t's still early in the semester.\u201d \u2022 After a scene in which two female students kissed, Trudeau commented \u201cthat scene was hot.\u201d \u2022 Trudeau informed a student during the staging of a play that she had \u201cfuck me eyes.\u201d \u2022 During a performance about a cheating lover being poisoned, Trudeau stated the performance was \u201cvery erotic in every sense of the word.\u201d \u2022 When a student was preparing for a performance wearing a yellow shirt cut into strips over a black top and jeans, Trudeau stated that \u201ca real performer would just wear the yellow shirt.\u201d \u2022 During a rehearsal, two students informed the student director that they were uncomfortable simulating sex on stage. Trudeau told the director \u201cyou would be a genius if you could get your classmates to simulate sex during the performance\u201d and joked that he would give her an \u201cA\u201d if the performers were nude. \u2022 During a class, Trudeau called one student a \u201cpsychopath\u201d and another a \u201cpervert sustained several of the allegations against Trudeau, finding that he had engaged in sexual harassment on multiple occasions in violation of policy. Trudeau's punishment included a written reprimand, loss of merit pay as a result of low teaching scores for that semester, and ineligibility for summer teaching in 2019. In October 2019, Trudeau brought suit against UNT, alleging retaliation under Title IX, denial of due process and equal protection under the Fourteenth Amendment, violation of the First Amendment, and breach of contract. Trudeau later amended his complaint, adding defendants Eve Bell, Christina Brodie, 2/22/25, 6:16 v (2021) \| FindLaw 2/14 and Brian Richardson, and dropping his breach of contract claim. Following a motion to dismiss filed by defendants, the district court dismissed Trudeau's Title IX, due process, and equal protection claims without prejudice, and his First Amendment claim with prejudice. After Trudeau filed a second amended complaint, the district court dismissed his Title IX, due process, and equal protection claims with prejudice. Trudeau now appeals the dismissal of his retaliation claim under Title 1 and his First Amendment and due process claims.2 II. We review de novo a dismissal under Rule 12(b)(6). Ruiz v. Brennan, 851 F.3d 464, 468 (5th Cir. 2017). \u201cTo survive a Rule 12(b)(6) motion to dismiss, the complaint does not need detailed factual allegations, but it must provide the plaintiff's grounds for entitlement for relief\u2014including factual allegations that, when assumed to be true, raise a right to relief above the speculative level.\u201d Id. (quoting Taylor v. City of Shreveport, 798 F.3d 276, 279 (5th Cir. 2015)). III. A. Retaliation Under Title \u201cTitle prohibits sex discrimination by recipients of federal education funding.\u201d Jackson v. Birmingham Bd. of Educ., 544 U.S. 167, 173, 125 S.Ct. 1497, 161 L.Ed.2d 361 (2005). The Supreme Court has held that the private right of action implied by Title includes claims of retaliation \u201cwhere the funding recipient retaliates against an individual because he has complained about sex discrimination.\u201d Id. at 171, 125 S.Ct. 1497.3 To establish a prima facie case of retaliation under Title IX, a plaintiff must show that (1) he engaged in a protected activity; (2) he was subjected to an adverse employment action, and (3) \u201ca causal link exists between the protected activity and the adverse employment action.\u201d Willis v. Cleco Corp., 749 F.3d 314, 317 (5th Cir. 2014) (quoting Davis v. Dall. Area Rapid Transit, 383 F.3d 309, 319 (5th Cir. 2004)); see also Collins v. Jackson Pub. Sch. Dist., 609 F. App'x 792, 795 (5th Cir. 2015) (per curiam) (citing the Willis v. Cleco Title retaliation standard for a Title claim because both statutes have similarly worded provisions and are afforded similar interpretation); Taylor-Travis v. Jackson State Univ., 984 F.3d 1107, 1119 n.43 (5th Cir. 2021) (same). This case turns on the third prong\u2014the causal link between Trudeau's participation in the investigation and the adverse employment action. In the comparable context of Title retaliation claims, the Supreme Court has applied a but-for causation standard. Univ. of Tex. Sw. Med. Ctr. v. Nassar, 570 U.S. 338, 360, 133 S.Ct. 2517, 186 L.Ed.2d 503 (2013). Accordingly, we consider whether Trudeau's participation was a but-for cause of his punishment. Trudeau cites a litany of allegations that he claims support such a causal link. In particular, Trudeau alleges that he was not able to \u201cproperly respond or otherwise defend himself\u201d in the investigation; he was incorrectly told that as a \u201cstraight white male\u201d he did not have a protected status and thus could not pursue claims relating to the investigation; he was 2/22/25, 6:16 v (2021) \| FindLaw 3/14 given the wrong form for submitting a complaint; he was required to appeal to the same person who had been designated as the complainant; the university \u201cdesire[d] to advocate for the female students over men\u201d; the university used information provided by Trudeau, \u201ctwisted it, and reached a conclusion based on the information \u2024 provided\u201d; and the university failed to maintain the confidentiality required by its policies. Overall, Trudeau complains that the investigation was \u201cpredetermined, improper, deficient, and retaliatory.\u201d These grievances with the investigation process do not add up to a claim of retaliation. Specifically, Trudeau has not plausibly alleged that the university punished him at the conclusion of the investigation because Trudeau participated in the investigation. For comparison, in another retaliation case similarly brought by the subject of a Title investigation rather than a complainant, the Seventh Circuit considered whether the plaintiff had alleged facts that indicated the university \u201ccame to its conclusion because it wanted to punish [the plaintiff] for defending himself at the proceeding.\u201d Doe v. Columbia College Chi., 933 F.3d 849, 857 (7th Cir. 2019). The court found that he had not, concluding that the complaint demonstrated only that the university had \u201cinvestigated the complaint, considered the evidence presented by [the plaintiff], and concluded that he committed some of the acts that [the student] alleged.\u201d Id. The same deficiencies sink Trudeau's retaliation claim here. Though Trudeau has identified alleged flaws in the investigation, he has not specified a causal link between his participation in the investigation and the punishment that resulted from it. Trudeau attempts to salvage his pleadings by asking the court to infer causation based on the employer's knowledge of his protected activity.4 We have indeed held that there must be evidence that \u201cthe decisionmakers had knowledge of his protected activity\u201d and that, absent such awareness, it cannot be said that \u201cthe decisionmakers might have been retaliating against the plaintiff for having engaged in that activity.\u201d Manning v. Chevron Chem. Co., 332 F.3d 874, 883 n.6 (5th Cir. 2003). However, even assuming arguendo that knowledge alone could be enough to infer causation on these facts, Trudeau fails to plausibly allege that UNT's \u201cdecision to [punish] was based in part on knowledge of [his] protected activity.\u201d Medina v. Ramsey Steel Co., 238 F.3d 674, 684 (5th Cir. 2001) (emphasis added). This theory thus suffers from the same deficiencies discussed above. Based on the foregoing, we affirm the district court's dismissal of Trudeau's Title retaliation claim. B. First Amendment Retaliation To state a \u00a7 1983 claim for violation of the First Amendment right to free speech, employees of a public university must allege that \u201c(1) they were disciplined or fired for speech that is a matter of public concern, and (2) their interest in the speech outweighed the university's interest in regulating the speech.\u201d Buchanan v. Alexander, 919 F.3d 847, 853 (5th Cir. 2019).5 The first element involves a question of law and \u201c[w]hether an employee's speech addresses a matter of public concern must be determined 2/22/25, 6:16 v (2021) \| FindLaw 4/14 by the content, form, and context of a given statement, as revealed by the whole record.\u201d Id. (quoting Connick v. Myers, 461 U.S. 138, 147\u201348, 103 S.Ct. 1684, 75 L.Ed.2d 708 (1983)). In particular, speech may involve a matter of public concern when it involves \u201can issue of social, political, or other interest to a community.\u201d Id. (quoting Adams, 640 F.3d at 564). By contrast, \u201c[w]hen a public employee speaks in his capacity as an employee and on personal matters, rather than in his capacity as a citizen on a matter of public interest, his speech falls outside the protection of the First Amendment.\u201d Id. For example, in Buchanan v. Alexander, we held that an education professor's \u201cuse of profanity and discussion of her sex life and the sex lives of her students\u201d did not involve a matter of public concern as it \u201cwas not related to the subject matter or purpose of training Pre-K\u2013Third grade teachers.\u201d Id. Trudeau fails plausibly to allege that his comments involved a matter of public concern. Trudeau's complaint states that a book assigned to his students Director Prepares, devoted a chapter to the subject of \u201ceroticism\u201d\u2014among six other subjects covered\u2014and he broadly alleges that he was required to \u201ctalk about [sensual, erotic, or sexual themes] in his role as a teacher.\u201d On appeal, he clarifies that the students\u2019 performances drew their themes from the course materials, which included the book Director Prepares. However, neither the first nor the second amended complaint makes any effort to connect that single chapter on eroticism in a single book to the specific statements for which he was punished. Moreover, it is plain that the alleged comments relating to students\u2019 sex lives, encouraging nudity in class, and commenting on students\u2019 mental health, did not involve a matter of public concern. Put simply, Trudeau does not plausibly allege that any of these statements\u2014made over the course of four months\u2014was specifically \u201cgermane to the subject matter\u201d or more generally involved \u201can issue of social, political, or other interest to a community.\u201d Id. at 853 & n.20 (first quoting Adams, 640 F.3d at 564; and then quoting Bonnell v. Lorenzo, 241 F.3d 800, 820 (6th Cir. 2001)). As a result, Trudeau's First Amendment claim fails.6 C. Due Process Claim \u201cTo state a Fourteenth Amendment due process claim under \u00a7 1983, \u2018a plaintiff must first identify a protected life, liberty or property interest and then prove that governmental action resulted in a deprivation of that interest.\u2019 \u201d Gentilello v. Rege, 627 F.3d 540, 544 (5th Cir. 2010) (quoting Baldwin v. Daniels, 250 F.3d 943, 946 (5th Cir. 2001)). While a tenured professor, such as Trudeau, has a protected property interest in his continued employment, \u201cthe due process clause does not protect \u2024 specific job duties or responsibilities absent a statute, rule, or express agreement reflecting an understanding that he had a unique property interest in those duties or responsibilities.\u201d Id.; see also Davis v. Mann, 882 F.2d 967, 973 n.16 (5th Cir. 1989) (\u201c[U]nless the state \u2018specifically creates a property interest in a noneconomic benefit\u2014such as a particular work assignment\u2014a property interest in employment generally does not create due process property protection for such benefits.\u2019 \u201d) (quoting Jett v. Dall. Indep. Sch. Dist., 798 F.2d 748, 754 n.3 (5th Cir. 1986), aff'd in part, vacated in part and remanded on other grounds, 491 U.S. 701, 109 S.Ct. 2702, 105 L.Ed.2d 598 (1989)). Put another way, Trudeau is 2/22/25, 6:16 v (2021) \| FindLaw 5/14 \u201crequired to point to some state or local law, contract, or understanding that created a property interest.\u201d Gentilello, 627 F.3d at 545. We have thus stated clearly that \u201ca university's failure to follow its own internal rules does not always establish to a due process violation.\u201d Wigginton v. Jones, 964 F.3d 329, 338 (5th Cir. 2020); see also Martin v. Mem'l Hosp. at Gulfport, 130 F.3d 1143, 1147 (5th Cir. 1997) (\u201c[A] property interest falling under due process protections must be established by reference to some outside source\u2014such as state law or contract.\u201d). Trudeau complains that violated his procedural due process rights by failing to adhere to its own policies and procedures during the Title investigation. In particular, Trudeau alleges that prevented him from adequately responding to new charges, failed to give him adequate notice of the charges against him, caused him to forgo an appeal, failed to remove or replace an administrator with a conflict of interest, and took corrective action prior to the completion of the appeal. Trudeau cites a February 27, 2006 offer letter and accompanying information sheet as binding to follow the policies and procedures set forth in its Policy Manual and Faculty Handbook.7 \u201cTexas law \u2018general[ly] reject[s] the claim that employment manuals issued unilaterally by an employer can per se constitute written employment contracts and create specific limitations which take the cases out of the at-will doctrine.\u2019 \u201d Zimmerman v. H.E. Butt Grocery Co., 932 F.2d 469, 471 (5th Cir. 1991) (quoting Aiello v. United Air Lines, Inc., 818 F.2d 1196, 1198 (5th Cir. 1987) (applying Texas law)). Moreover, this court has held that, \u201cabsent any express reciprocal agreement \u2024 [,] personnel policies or employee handbooks \u2018constitute no more than general guidelines and do not create contractual rights in employees.\u2019 \u201d Heggemeier v. Caldwell, 826 F.3d 861, 871 (5th Cir. 2016) (quoting Garcia v. Reeves Cnty., 32 F.3d 200, 203\u201304 (5th Cir. 1994)); see also Spuler v. Pickar, 958 F.2d 103, 106 (5th Cir. 1992) (\u201cTexas state courts \u2024 uniformly embrace the notion that employee handbooks or manuals, standing alone, \u2018constitute no more than general guidelines,\u2019 absent express reciprocal agreements addressing discharge protocols.\u201d). In this case, Trudeau fails to identify such an express reciprocal agreement in the 2006 letter or accompanying information sheet binding to follow the policies in its employee manual or handbook. Accordingly, Trudeau has not identified a property interest, created by contract, in the procedural protections set out in the employee manual or handbook.8 IV. Based on the foregoing, we the district court's dismissal of Trudeau's Title IX, First Amendment, and due process claims FOOTNOTE. 2/22/25, 6:16 v (2021) \| FindLaw 6/14 1. Trudeau also offered allegations that seemed to set forth an erroneous outcome claim under Title IX. This claim was considered and dismissed by the district court. Trudeau makes no mention of that aspect of his Title claim on appeal and thus forfeits that issue. See Coleman v. United States, 912 F.3d 824, 836 n.14 (5th Cir. 2019) (reaffirming that failure to adequately brief an issue on appeal constitutes forfeiture of that argument). 2. Trudeau does not brief any argument relating to the dismissal of his equal protection claim. Nor does he address, beyond a single conclusory sentence, the district court's dismissal of his constitutional claims against and against Bell, Brodie, and Richardson in their official capacities on the basis of sovereign immunity. Accordingly, these issues are forfeited. See Coleman, 912 F.3d at 836 n.14. 3. The parties debated below whether Trudeau, as the subject of the Title investigation rather than a complainant, could even bring such a retaliation claim. And there is reason to suspect that a respondent in a Title investigation does not fall under the umbrella of the implied right of action recognized by the Supreme Court in Jackson. See Jackson, 544 U.S. at 173, 125 S.Ct. 1497 (\u201cRetaliation against a person because that person has complained of sex discrimination is another form of intentional sex discrimination encompassed by Title IX's private cause of action.\u201d) (emphasis added). Trudeau maintains that his protected activity was his participation in the investigation. However, we need not consider the issue because Trudeau nonetheless fails to state a retaliation claim. 4. Trudeau also argues for the first time on appeal that the close temporal proximity between his protected activity and the adverse employment action is alone enough to establish causation. As this argument was not raised before the district court, it is forfeited. See United States v. Zuniga, 860 F.3d 276, 284 n.9 (5th Cir. 2017) (\u201cFailure to raise a claim to the district court \u2018constitutes a forfeiture, not a waiver, of that right for the purposes of appeal.\u2019 \u201d) (quoting United States v. Chavez-Valencia, 116 F.3d 127, 130 (5th Cir. 1997)). 5. These elements are drawn from the long-established Pickering test. See Pickering v. Bd. of Educ., 391 U.S. 563, 568, 88 S.Ct. 1731, 20 L.Ed.2d 811 (1968). The district court below considered whether the Supreme Court's more recent opinion in Garcetti v. Ceballos, 547 U.S. 410, 413, 126 S.Ct. 1951, 164 L.Ed.2d 689 (2006), which added the threshold question of whether a government employee's speech was made pursuant to his official duties, applies in the academic context. Indeed, some courts have declined to apply Garcetti in the \u201cacademic context of a public university.\u201d Adams v. Trs. of the Univ. of N.C.\u2013Wilmington, 640 F.3d 550, 562 (4th Cir. 2011); see also Demers v. Austin, 746 F.3d 402, 412 (9th Cir. 2014) (\u201cWe conclude that Garcetti does not\u2014indeed, consistent with the First Amendment, cannot\u2014 apply to teaching and academic writing that are performed \u2018pursuant to the official duties\u2019 of a teacher and professor.\u201d). However, under either the Pickering or Garcetti test, a public employee must have spoken on a matter of public concern, and, as we conclude that Trudeau did not, we need not consider which test to apply. 2/22/25, 6:16 v (2021) \| FindLaw 7/14 6. To the extent Trudeau argues on appeal that UNT's sexual harassment policy was unconstitutionally vague, that claim, set forth in his First Amended Complaint, fails. The First Amended Complaint contains only a single conclusory reference to the vagueness of the policy without any factual allegations\u2014or even the text of the sexual harassment policy itself\u2014that would support such a claim. See Taylor v. Books Million, Inc., 296 F.3d 376, 378 (5th Cir. 2002) (\u201c[C]onclusory allegations or legal conclusions masquerading as factual conclusions will not suffice to prevent a motion to dismiss.\u201d) (quoting S. Christian Leadership Conf. v. Sup. Ct. of the State of La., 252 F.3d 781, 786 (5th Cir. 2001)). 7. Specifically, Trudeau cites language in the offer letter stating that the letter and attached information sheet served \u201cas assurance of this institution's commitment to your appointment in accordance with the described terms\u201d and that \u201c[n]o previous written or oral commitment will be binding on the University except as specified in this letter and attached information sheet.\u201d In addition, the offer letter states that \u201cthe provisions [of the supplementary information sheet] appropriate for you will govern your appointment.\u201d 8. Trudeau also claims that he suffered a due process deprivation as a result of graduate students refusing to associate with him. However, he attempts to analogize to a case in which the university prohibited a professor from serving as a student advisor as part of its official sanctions. See Smock v. Bd. of Regents of the Univ. of Mich., 353 F. Supp. 3d 651, 655 (E.D. Mich. 2018). No such prohibition was included in the punishments levied by UNT. Moreover, at bottom, Trudeau has failed to allege a contractual right to that job duty. See Gentilello, 627 F.3d at 544 (\u201c[T]he due process clause does not protect \u2024 specific job duties or responsibilities absent a statute, rule, or express agreement reflecting an understanding that [the plaintiff] had a unique property interest in those duties or responsibilities.\u201d). Per Curiam:* FN* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4. Was this helpful? Yes No 2/22/25, 6:16 v (2021) \| FindLaw 8/14 Welcome to FindLaw's Cases & Codes free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law. Go to Learn About the Law v (2021) Docket No: No. 20-40532 Decided: July 09, 2021 Court: United States Court of Appeals, Fifth Circuit. 2/22/25, 6:16 v (2021) \| FindLaw 9/14 Need to find an attorney? 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University of North Texas United States Court of Appeals, Fifth Circuit Jul 9, 2021 No. 20-40532 (5th Cir. Jul. 9, 2021) Copy Citation Download Check Treatment Delegate legal research to CoCounsel, your new legal assistant. Try CoCounsel free 20-40532 07-09-2021 Justin Trudeau, Plaintiff-Appellant, v. University of North Texas, By and Through its Board of Regents; Eve Bell, in her Individual and Official Capacities; Brian Richardson, in his Individual and Official Capacities; Christina Brodie, in her Individual and Official Capacities; David Holdeman, in his Individual and Official Capacities; Steven Cobb, in his Individual and Official Capacities, Defendants-Appellees. Sign In Search all cases and statutes... Opinion Case details 2/22/25, 6:16 Trudeau v. University of North Texas, No. 20-40532 \| Casetext Search + Citator 1/11 Appeal from the United States District Court for the Eastern District of Texas No. 4:14-cv-00723 Before King, Dennis, and Ho, Circuit Judges 1 [] 1 Plaintiff-appellant Justin Trudeau was disciplined by his employer, defendant-appellee University of North Texas, following a Title investigation that substantiated allegations of sexual harassment. Trudeau filed suit against the university, alleging, in relevant part, violations of the First Amendment, the Due Process Clause of the Fourteenth Amendment, and Title IX-claims which the district court dismissed with prejudice. Trudeau now appeals. We AFFIRM. I. Justin Trudeau is a tenured associate professor at the University of North Texas (\"UNT\"), where he teaches graduate and undergraduate courses in the department of communication studies. In the Fall semester of 2017, Trudeau taught a graduate course, Seminar in Adaption and Staging. During this course, students were assigned a book titled Director Prepares, the third chapter of which \"referred to 'eroticism.'\" In January 2018, after the class had concluded, Trudeau was made aware of an official investigation into his conduct in the class. 2 2 The allegations investigated included the following incidents that allegedly occurred over the course of the semester: \u2022 Trudeau informed the class that \"[n]o one gets through my class without getting naked.\" \u2022 Trudeau asked a student director if anyone in the class was pregnant, and when she responded no, he stated \"[i]t's still early in the semester.\" \u2022 After a scene in which two female students kissed, Trudeau commented \"that scene was hot.\" 2/22/25, 6:16 Trudeau v. University of North Texas, No. 20-40532 \| Casetext Search + Citator 2/11 \u2022 Trudeau informed a student during the staging of a play that she had \"fuck me eyes.\" \u2022 During a performance about a cheating lover being poisoned, Trudeau stated the performance was \"very erotic in every sense of the word.\" \u2022 When a student was preparing for a performance wearing a yellow shirt cut into strips over a black top and jeans, Trudeau stated that \"a real performer would just wear the yellow shirt.\" \u2022 During a rehearsal, two students informed the student director that they were uncomfortable simulating sex on stage. Trudeau told the director \"you would be a genius if you could get your classmates to simulate sex during the performance\" and joked that he would give her an \"A\" if the performers were nude. \u2022 During a class, Trudeau called one student a \"psychopath\" and another a \"pervert sustained several of the allegations against Trudeau, finding that he had engaged in sexual harassment on multiple occasions in violation of policy. Trudeau's punishment included a written reprimand, loss of merit pay as a result of low teaching scores for that semester, and ineligibility for summer teaching in 2019. In October 2019, Trudeau brought suit against UNT, alleging retaliation under Title IX, denial of due process and equal protection under the Fourteenth Amendment, violation of the First Amendment, and breach of contract. Trudeau later amended his complaint, adding defendants Eve Bell, Christina Brodie, and Brian Richardson, and dropping his breach of contract claim. Following a motion to dismiss filed by defendants, the district court dismissed Trudeau's Title IX, due process, and equal protection claims without prejudice, and his First Amendment claim with prejudice. After Trudeau filed a second amended complaint, the district court dismissed his Title IX, due process, and equal protection claims with prejudice. Trudeau 3 now appeals the dismissal of his retaliation claim under Title and his First Amendment and due process claims. 3 1 2 2/22/25, 6:16 Trudeau v. University of North Texas, No. 20-40532 \| Casetext Search + Citator 3/11 1 Trudeau also offered allegations that seemed to set forth an erroneous outcome claim under Title IX. This claim was considered and dismissed by the district court. Trudeau makes no mention of that aspect of his Title claim on appeal and thus forfeits that issue. See Coleman v. United States, 912 F.3d 824, 836 n.14 (5th Cir. 2019) (reaffirming that failure to adequately brief an issue on appeal constitutes forfeiture of that argument). 2 Trudeau does not brief any argument relating to the dismissal of his equal protection claim. Nor does he address, beyond a single conclusory sentence, the district court's dismissal of his constitutional claims against and against Bell, Brodie, and Richardson in their official capacities on the basis of sovereign immunity. Accordingly, these issues are forfeited. See Coleman, 912 F.3d at 836 n.14. II. We review de novo a dismissal under Rule 12(b)(6). Ruiz v. Brennan, 851 F.3d 464, 468 (5th Cir. 2017). \"To survive a Rule 12(b)(6) motion to dismiss, the complaint does not need detailed factual allegations, but it must provide the plaintiff's grounds for entitlement for relief\u2014including factual allegations that, when assumed to be true, raise a right to relief above the speculative level.\" Id. (quoting Taylor v. City of Shreveport, 798 F.3d 276, 279 (5th Cir. 2015)). III. 4 4 A. Retaliation Under Title \"Title prohibits sex discrimination by recipients of federal education funding.\" Jackson v. Birmingham Bd. of Educ., 544 U.S. 167, 173 (2005). The Supreme Court has held that the private right of action implied by Title includes claims of retaliation \"where the funding recipient retaliates against an individual because he has complained about sex discrimination.\" Id. at 171. To establish a prima facie case of retaliation under Title IX, a plaintiff must show that (1) he engaged in a protected activity; (2) he was subjected to an adverse employment action, and (3) \"a causal link exists between the protected activity and the adverse employment action.\" Willis v. Cleco Corp., 749 F.3d 314, 317 (5th Cir. 2014) (quoting Davis v. Dall. Area Rapid Transit, 383 F.3d 309, 319 (5th Cir. 2004)); see also Collins v. Jackson Pub. Sch. Dist., 609 3 2/22/25, 6:16 Trudeau v. University of North Texas, No. 20-40532 \| Casetext Search + Citator 4/11 Fed.Appx. 792, 795 (5th Cir. 2015) (per curiam) (citing the Willis v. Cleco Title retaliation standard for a Title claim because both statutes have similarly worded provisions and are afforded similar interpretation); Taylor- Travis v. Jackson State Univ., 984 F.3d 1107, 1119 n.43 (5th Cir. 2021) (same). 3 The parties debated below whether Trudeau, as the subject of the Title investigation rather than a complainant, could even bring such a retaliation claim. And there is reason to suspect that a respondent in a Title investigation does not fall under the umbrella of the implied right of action recognized by the Supreme Court in Jackson. See Jackson, 544 U.S. at 173 (\"Retaliation against a person because that person has complained of sex discrimination is another form of intentional sex discrimination encompassed by Title IX's private cause of action.\") (emphasis added). Trudeau maintains that his protected activity was his participation in the investigation. However, we need not consider the issue because Trudeau nonetheless fails to state a retaliation claim. This case turns on the third prong\u2014the causal link between Trudeau's participation in the investigation and the adverse employment action. In the comparable context of Title retaliation claims, the Supreme Court has applied a but-for causation standard. Univ. of Tex. Sw. Med. Ctr. v. Nassar, 570 U.S. 338, 360 (2013). Accordingly, we consider whether Trudeau's participation was a but-for cause of his punishment. Trudeau cites a litany of allegations that he claims support such a causal link. In particular, Trudeau alleges that he was not able to \"properly respond or otherwise defend himself\" in the investigation; he was incorrectly told that as a \"straight white male\" he did not have a protected status and thus could not 5 pursue claims relating to the investigation; he was given the wrong form for submitting a complaint; he was required to appeal to the same person who had been designated as the complainant; the university \"desire[d] to advocate for the female students over men\"; the university used information provided by Trudeau, \"twisted it, and reached a conclusion based on the information . . . provided\"; and the university failed to maintain the confidentiality required by its policies. Overall, Trudeau complains that the investigation was \"predetermined, improper, deficient, and retaliatory.\" 5 These grievances with the investigation process do not add up to a claim of retaliation. Specifically, Trudeau has not plausibly alleged that the university 2/22/25, 6:16 Trudeau v. University of North Texas, No. 20-40532 \| Casetext Search + Citator 5/11 punished him at the conclusion of the investigation because Trudeau participated in the investigation. For comparison, in another retaliation case similarly brought by the subject of a Title investigation rather than a complainant, the Seventh Circuit considered whether the plaintiff had alleged facts that indicated the university \"came to its conclusion because it wanted to punish [the plaintiff] for defending himself at the proceeding.\" Doe v. Columbia College Chi., 933 F.3d 849, 857 (7th Cir. 2019). The court found that he had not, concluding that the complaint demonstrated only that the university had \"investigated the complaint, considered the evidence presented by [the plaintiff], and concluded that he committed some of the acts that [the student] alleged.\" Id. The same deficiencies sink Trudeau's retaliation claim here. Though Trudeau has identified alleged flaws in the investigation, he has not specified a causal link between his participation in the investigation and the punishment that resulted from it. 6 6 Trudeau attempts to salvage his pleadings by asking the court to infer causation based on the employer's knowledge of his protected activity. We have indeed held that there must be evidence that \"the decisionmakers had knowledge of his protected activity\" and that, absent such awareness, it cannot be said that \"the decisionmakers might have been retaliating against the plaintiff for having engaged in that activity.\" Manning v. Chevron Chem. Co., 332 F.3d 874, 883 n.6 (5th Cir. 2003). However, even assuming arguendo that knowledge alone could be enough to infer causation on these facts, Trudeau fails to plausibly allege that UNT's \"decision to [punish] was based in part on knowledge of [his] protected activity.\" Medina v. Ramsey Steel Co., 238 F.3d 674, 684 (5th Cir. 2001) (emphasis added). This theory thus suffers from the same deficiencies discussed above. 4 4 Trudeau also argues for the first time on appeal that the close temporal proximity between his protected activity and the adverse employment action is alone enough to establish causation. As this argument was not raised before the district court, it is forfeited. See United States v. Zuniga, 860 F.3d 276, 284 n.9 (5th Cir. 2017) (\"Failure to raise a claim to the district court 'constitutes a forfeiture, not a waiver, of that right for the purposes of appeal.'\") (quoting United States v. Chavez-Valencia, 116 F.3d 127, 130 (5th Cir. 1997)). 2/22/25, 6:16 Trudeau v. University of North Texas, No. 20-40532 \| Casetext Search + Citator 6/11 Based on the foregoing, we affirm the district court's dismissal of Trudeau's Title retaliation claim. B. First Amendment Retaliation To state a \u00a7 1983 claim for violation of the First Amendment right to free speech, employees of a public university must allege that \"(1) they were disciplined or fired for speech that is a matter of public concern, and (2) their interest in the speech outweighed the university's interest in regulating the speech.\" Buchanan v. Alexander, 919 F.3d 847, 853 (5th Cir. 2019). The first 7 element involves a question of law and \"[w]hether an employee's speech addresses a matter of public concern must be determined by the content, form, and context of a given statement, as revealed by the whole record.\" Id. (quoting Connick v. Myers, 461 U.S. 138, 147-48 (1983)). In particular, speech may involve a matter of public concern when it involves \"an issue of social, political, or other interest to a community.\" Id. (quoting Adams, 640 F.3d at 564). By contrast, \"[w]hen a public employee speaks in his capacity as an employee and on personal matters, rather than in his capacity as a citizen on a matter of public interest, his speech falls outside the protection of the First Amendment.\" Id. For example, in Buchanan v. Alexander, we held that an education professor's \"use of profanity and discussion of her sex life and the sex lives of her students\" did not involve a matter of public concern as it \"was not related to the subject matter or purpose of training Pre-K-Third grade teachers.\" Id. 5 7 5 These elements are drawn from the long-established Pickering test. See Pickering v. Bd. of Educ., 391 U.S. 563, 568 (1968). The district court below considered whether the Supreme Court's more recent opinion in Garcetti v. Ceballos, 547 U.S. 410, 413 (2006), which added the threshold question of whether a government employee's speech was made pursuant to his official duties, applies in the academic context. Indeed, some courts have declined to apply Garcetti in the \"academic context of a public university.\" Adams v. Trs. of the Univ. of N.C. -Wilmington, 640 F.3d 550, 562 (4th Cir. 2011); see also Demers v. Austin, 746 F.3d 402, 412 (9th Cir. 2014) (\"We conclude that Garcetti does not\u2014indeed, consistent with the First Amendment, cannot\u2014 apply to teaching and academic writing that are performed 'pursuant to the official duties' of a teacher and professor.\"). However, under either the Pickering or Garcetti test, a public employee must have spoken on a matter 2/22/25, 6:16 Trudeau v. University of North Texas, No. 20-40532 \| Casetext Search + Citator 7/11 of public concern, and, as we conclude that Trudeau did not, we need not consider which test to apply. Trudeau fails plausibly to allege that his comments involved a matter of public concern. Trudeau's complaint states that a book assigned to his students Director Prepares, devoted a chapter to the subject of \"eroticism\"\u2014among six other subjects covered\u2014and he broadly alleges that he was required to \"talk about [sensual, erotic, or sexual themes] in his role as a teacher.\" On appeal, he clarifies that the students' performances drew their themes from the course materials, which included the book Director Prepares. However, neither the first nor the second amended complaint makes any effort to connect that single chapter on eroticism in a single book to the specific statements for which he was punished. Moreover, it is plain that the alleged comments relating to students' sex lives, encouraging nudity in class, and commenting on students' mental health, did not involve a matter of public concern. Put simply, Trudeau does not plausibly allege that any of these statements\u2014made over the course of four months\u2014was specifically \"germane to the subject matter\" or more generally involved \"an issue of social, political, or other interest to a community.\" Id. at 853 & n.20 (first quoting Adams, 640 F.3d at 564; and then quoting Bonnell v. Lorenzo, 241 F.3d 800, 820 (6th Cir. 2001)). As a result, Trudeau's First Amendment claim fails.6 6 To the extent Trudeau argues on appeal that UNT's sexual harassment policy was unconstitutionally vague, that claim, set forth in his First Amended Complaint, fails. The First Amended Complaint contains only a single conclusory reference to the vagueness of the policy without any factual allegations\u2014or even the text of the sexual harassment policy itself\u2014 that would support such a claim. See Taylor v. Books Million, Inc., 296 F.3d 376, 378 (5th Cir. 2002) (\"[C]onclusory allegations or legal conclusions masquerading as factual conclusions will not suffice to prevent a motion to dismiss.\") (quoting S. Christian Leadership Conf. v. Sup. Ct. of the State of La., 252 F.3d 781, 786 (5th Cir. 2001)). C. Due Process Claim \"To state a Fourteenth Amendment due process claim under \u00a7 1983, 'a plaintiff must first identify a protected life, liberty or property interest and then prove that governmental action resulted in a deprivation of that 2/22/25, 6:16 Trudeau v. University of North Texas, No. 20-40532 \| Casetext Search + Citator 8/11 interest.'\" Gentilello v. Rege, 627 F.3d 540, 544 (5th Cir. 2010) (quoting Baldwin v. Daniels, 250 F.3d 943, 946 (5th Cir. 2001)). While a tenured professor, such as Trudeau, has a protected property interest in his continued employment, \"the due process clause does not protect . . . specific job duties or responsibilities absent a statute, rule, or express agreement reflecting an 9 understanding that he had a unique property interest in those duties or responsibilities.\" Id.; see also Davis v. Mann, 882 F.2d 967, 973 n.16 (5th Cir. 1989) (\"[U]nless the state 'specifically creates a property interest in a noneconomic benefit\u2014such as a particular work assignment\u2014a property interest in employment generally does not create due process property protection for such benefits.'\") (quoting Jett v. Dall. Indep. Sch. Dist., 798 F.2d 748, 754 n.3 (5th Cir. 1986), aff'd in part, vacated in part and remanded on other grounds, 491 U.S. 701 (1989)). Put another way, Trudeau is \"required to point to some state or local law, contract, or understanding that created a property interest.\" Gentilello, 627 F.3d at 545. We have thus stated clearly that \"a university's failure to follow its own internal rules does not always establish to a due process violation.\" Wigginton v. Jones, 964 F.3d 329, 338 (5th Cir. 2020); see also Martin v. Mem'l Hosp. at Gulfport, 130 F.3d 1143, 1147 (5th Cir. 1997) (\"[A] property interest falling under due process protections must be established by reference to some outside source\u2014such as state law or contract.\"). 9 Trudeau complains that violated his procedural due process rights by failing to adhere to its own policies and procedures during the Title investigation. In particular, Trudeau alleges that prevented him from adequately responding to new charges, failed to give him adequate notice of the charges against him, caused him to forgo an appeal, failed to remove or replace an administrator with a conflict of interest, and took corrective action prior to the completion of the appeal. Trudeau cites a February 27, 2006 offer letter and accompanying information sheet as binding to follow the policies and procedures set forth in its Policy Manual and Faculty Handbook.7 7 Specifically, Trudeau cites language in the offer letter stating that the letter and attached information sheet served \"as assurance of this institution's commitment to your appointment in accordance with the described terms\" and that \"[n]o previous written or oral commitment will be binding on the 2/22/25, 6:16 Trudeau v. University of North Texas, No. 20-40532 \| Casetext Search + Citator 9/11 University except as specified in this letter and attached information sheet.\" In addition, the offer letter states that \"the provisions [of the supplementary information sheet] appropriate for you will govern your appointment.\" \"Texas law 'general[ly] reject[s] the claim that employment manuals issued unilaterally by an employer can per se constitute written employment contracts and create specific limitations which take the cases out of the at- will doctrine.'\" Zimmerman v. H.E. Butt Grocery Co., 932 F.2d 469, 471 (5th Cir. 1991) (quoting Aiello v. United Air Lines, Inc., 818 F.2d 1196, 1198 (5th Cir. 1987) (applying Texas law)). Moreover, this court has held that, \"absent any express reciprocal agreement . . . [, ] personnel policies or employee handbooks 'constitute no more than general guidelines and do not create contractual rights in employees.'\" Heggemeier v. Caldwell, 826 F.3d 861, 871 (5th Cir. 2016) (quoting Garcia v. Reeves Cnty., 32 F.3d 200, 203-04 (5th Cir. 1994)); see also Spuler v. Pickar, 958 F.2d 103, 106 (5th Cir. 1992) (\"Texas state courts . . . uniformly embrace the notion that employee handbooks or manuals, standing alone, 'constitute no more than general guidelines,' absent express reciprocal agreements addressing discharge protocols.\"). In this case, Trudeau fails to identify such an express reciprocal agreement in the 2006 letter or accompanying information sheet binding to follow the policies in its employee manual or handbook. Accordingly, Trudeau has not identified a property interest, created by contract, in the procedural protections set out in the employee manual or handbook.8 8 Trudeau also claims that he suffered a due process deprivation as a result of graduate students refusing to associate with him. However, he attempts to analogize to a case in which the university prohibited a professor from serving as a student advisor as part of its official sanctions. See Smock v. Bd. of Regents of the Univ. of Mich., 353 F.Supp.3d 651, 655 (E.D. Mich. 2018). No such prohibition was included in the punishments levied by UNT. Moreover, at bottom, Trudeau has failed to allege a contractual right to that job duty. See Gentilello, 627 F.3d at 544 (\"[T]he due process clause does not protect . . . specific job duties or responsibilities absent a statute, rule, or express agreement reflecting an understanding that [the plaintiff] had a unique property interest in those duties or responsibilities.\"). IV. 2/22/25, 6:16 Trudeau v. University of North Texas, No. 20-40532 \| Casetext Search + Citator 10/11 Based on the foregoing, we the district court's dismissal of Trudeau's Title IX, First Amendment, and due process claims. 12 12 Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4. [*] About us Jobs News Twitter Facebook LinkedIn Instagram Help articles Customer support Contact sales Cookie Settings Do Not Sell or Share My Personal Information/Limit the Use of My Sensitive Personal Information Privacy Terms \u00a9 2024 Casetext Inc. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 2/22/25, 6:16 Trudeau v. University of North Texas, No. 20-40532 \| Casetext Search + Citator 11/11"}
7,488	Yoshitomo Saito	Ohio University	[ "7488_101.pdf", "7488_102.pdf", "7488_103.pdf" ]	{"7488_101.pdf": "By By \| The Associated Press \| The Associated Press PUBLISHED: PUBLISHED: December 28, 2007 at 4:31 December 28, 2007 at 4:31 \ue905 \ue905 ATHENS, Ohio\u2014Ohio University will pay $225,000 to a former student who said the school ATHENS, Ohio\u2014Ohio University will pay $225,000 to a former student who said the school dragged its heels when she accused an art professor of sexual harassment. dragged its heels when she accused an art professor of sexual harassment. The settlement comes in a federal lawsuit Christy Speakman filed in February. She claimed a The settlement comes in a federal lawsuit Christy Speakman filed in February. She claimed a male sculpture professor more than 20 years older made unwanted and unwelcome sexual male sculpture professor more than 20 years older made unwanted and unwelcome sexual advances, bothered her at home and took secret photos of her. advances, bothered her at home and took secret photos of her. Speakman said she first went to university officials about Yoshitomo Saito in 2003. He was Speakman said she first went to university officials about Yoshitomo Saito in 2003. He was suspended in 2005 and later resigned, and the school concluded he had engaged in suspended in 2005 and later resigned, and the school concluded he had engaged in \u201cquestionable conduct\u201d involving more than one student. \u201cquestionable conduct\u201d involving more than one student. Saito now lives in Lakewood, Colorado. Saito now lives in Lakewood, Colorado voicemail for comment was left at one listing under his name; there was no answer at the voicemail for comment was left at one listing under his name; there was no answer at the other. other. Around the Web Around the Web to pay $225,000 in sexual to pay $225,000 in sexual harassment settlement harassment settlement 2/22/25, 6:17 to pay $225,000 in sexual harassment settlement \u2013 The Denver Post 1/17 An Advanced Research Tool An Advanced Research Tool Ethereal Search Engine Ethereal Search Engine Why Google Workspace for Business Why Google Workspace for Business is Worth the Upgrade is Worth the Upgrade Is My Space a Good Fit for Airbnb? Is My Space a Good Fit for Airbnb? Should You Buy an Electric Car? 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Ring Devices Help Make Peace of Ring Devices Help Make Peace of Mind More Accessible to All Mind More Accessible to All 2/22/25, 6:17 to pay $225,000 in sexual harassment settlement \u2013 The Denver Post 7/17 Nine Kinds of Ancestors You Could Nine Kinds of Ancestors You Could Find on Your Family Tree Find on Your Family Tree How Long Should Keep My Car? How Long Should Keep My Car? Take on a Challenge: Make Pasta Al Take on a Challenge: Make Pasta Al Limone at Home Limone at Home Got Plant Milk? Add These 16 Plant Got Plant Milk? Add These 16 Plant Milks to Your Mug for Health, Flavor, Milks to Your Mug for Health, Flavor, and Fro and Fro 2/22/25, 6:17 to pay $225,000 in sexual harassment settlement \u2013 The Denver Post 8/17 The Close Relationship Between The Close Relationship Between Stress and Sleep Stress and Sleep Stop Paying Too Much for Your Stop Paying Too Much for Your Prescriptions - Compare Prices, Find Prescriptions - Compare Prices, Find Free Coupons, Free Coupons, Heartwarming Reaction From a Heartwarming Reaction From a Couple Meeting Their Rescue Dog for Couple Meeting Their Rescue Dog for the First Time the First Time 2/22/25, 6:17 to pay $225,000 in sexual harassment settlement \u2013 The Denver Post 9/17 Get Dog Food Designed for Your Get Dog Food Designed for Your Dog's Health & Happiness Dog's Health & Happiness Four Ways Food Banks Are Feeding Four Ways Food Banks Are Feeding Kids Right Now Kids Right Now Why Google Workspace for Business Why Google Workspace for Business is Worth the Upgrade is Worth the Upgrade Four Easy Tips to Keep Your Kids Four Easy Tips to Keep Your Kids Safe Online Safe Online 2/22/25, 6:17 to pay $225,000 in sexual harassment settlement \u2013 The Denver Post 10/17 Walmart Center for Racial Equity Walmart Center for Racial Equity Update: Advancing Equity in Criminal Update: Advancing Equity in Criminal Justice Justice Get Mortgage Advice Close to Home Get Mortgage Advice Close to Home Should You Buy an Electric Car? Should You Buy an Electric Car? The New Normal of Selling a Home The New Normal of Selling a Home Today Today 2/22/25, 6:17 to pay $225,000 in sexual harassment settlement \u2013 The Denver Post 11/17 Five Reasons Your Car Insurance Five Reasons Your Car Insurance Rate Changes Rate Changes The Best Places to Buy College The Best Places to Buy College Apparel Make Showing College Pride Apparel Make Showing College Pride Too Easy Too Easy Did Your Mom Ever Make the Paper? Did Your Mom Ever Make the Paper? Search Newspapers.com Search Newspapers.com Is My Space a Good Fit for Airbnb? Is My Space a Good Fit for Airbnb? 2/22/25, 6:17 to pay $225,000 in sexual harassment settlement \u2013 The Denver Post 12/17 Ring Devices Help Make Peace of Ring Devices Help Make Peace of Mind More Accessible to All Mind More Accessible to All Nine Kinds of Ancestors You Could Nine Kinds of Ancestors You Could Find on Your Family Tree Find on Your Family Tree How Long Should Keep My Car? How Long Should Keep My Car? Take on a Challenge: Make Pasta Al Take on a Challenge: Make Pasta Al Limone at Home Limone at Home 2/22/25, 6:17 to pay $225,000 in sexual harassment settlement \u2013 The Denver Post 13/17 Got Plant Milk? Add These 16 Plant Got Plant Milk? Add These 16 Plant Milks to Your Mug for Health, Flavor, Milks to Your Mug for Health, Flavor, and Fro and Fro The Close Relationship Between The Close Relationship Between Stress and Sleep Stress and Sleep Stop Paying Too Much for Your Stop Paying Too Much for Your Prescriptions - Compare Prices, Find Prescriptions - Compare Prices, Find Free Coupons, Free Coupons, Heartwarming Reaction From a Heartwarming Reaction From a Couple Meeting Their Rescue Dog for Couple Meeting Their Rescue Dog for the First Time the First Time 2/22/25, 6:17 to pay $225,000 in sexual harassment settlement \u2013 The Denver Post 14/17 Get Dog Food Designed for Your Get Dog Food Designed for Your Dog's Health & Happiness Dog's Health & Happiness Four Ways Food Banks Are Feeding Four Ways Food Banks Are Feeding Kids Right Now Kids Right Now Why Google Workspace for Business Why Google Workspace for Business is Worth the Upgrade is Worth the Upgrade Four Easy Tips to Keep Your Kids Four Easy Tips to Keep Your Kids Safe Online Safe Online 2/22/25, 6:17 to pay $225,000 in sexual harassment settlement \u2013 The Denver Post 15/17 Walmart Center for Racial Equity Walmart Center for Racial Equity Update: Advancing Equity in Criminal Update: Advancing Equity in Criminal Justice Justice Get Mortgage Advice Close to Home Get Mortgage Advice Close to Home Should You Buy an Electric Car? Should You Buy an Electric Car? The New Normal of Selling a Home The New Normal of Selling a Home Today Today 2/22/25, 6:17 to pay $225,000 in sexual harassment settlement \u2013 The Denver Post 16/17 2007 2007 \ue907 \ue907December December \ue907 \ue90728 28 Five Reasons Your Car Insurance Five Reasons Your Car Insurance Rate Changes Rate Changes The Best Places to Buy College The Best Places to Buy College Apparel Make Showing College Pride Apparel Make Showing College Pride Too Easy Too Easy 2/22/25, 6:17 to pay $225,000 in sexual harassment settlement \u2013 The Denver Post 17/17", "7488_102.pdf": "in/article_e47e49ef-8a06-510c-a689-ab4b28aee8ac.html Former prof out of sex harassment suit still in Athens Staff Sep 10, 2007 federal judge has agreed to drop a former Ohio University art professor as a defendant in a sexual-harassment suit filed by a former graduate student. The university itself remains a defendant in the suit filed by alum Christy L. Speakman, who has a master's degree in fine arts from OU. Speakman sued in U.S. District Court in February, naming as defendants and former art professor Yoshitomo Saito. She claimed that Saito started sexually harassing her in spring 2002 when she enrolled in a sculpture course with him, and kept harassing her until September 2005. The former student claims she first complained to officials about Saito's behavior in November 2003, again in June 2004 when the behavior continued, and a third time in June 2005. However, she has alleged, \"nothing was done to remedy the sexual harassment until Oct. 28, 2005,\" when suspended Saito. The professor later reached a settlement with OU, in which he agreed to resign if the university did not initiate proceedings to strip him of tenure. In her suit, Speakman alleged that even after she made clear she wasn't interested in Saito's romantic advances, he left gifts in her mailbox at OU's School of Art, called her and e-mailed her, showed up at her house at night \"professing his love for her 2/22/25, 6:19 Former prof out of sex harassment suit still in \| Local News \| athensnews.com 1/2 and attempting to kiss her,\" and sometimes sat on her car waiting for her in an parking lot. She also alleged that OU's policies \"discouraged rather than facilitated effective prevention of sexual harassment\" of students, and that was \"deliberately indifferent\" to preventing such harassment answered Speakman's complaint in June, alleging that she didn't fully utilize the university's procedures for investigating sexual-harassment claims. OU's attorneys maintained that Speakman \"failed to take advantage of preventive or corrective opportunities provided to (her),\" through her \"failure or refusal to cooperate fully with (the university's) procedures, investigation, and discipline process.\" The university also argued that is protected by qualified legal immunity from liability in Speakman's lawsuit, and that some or all of her claims are barred by the statute of limitations. In letting Saito out of the suit as a personal defendant, Judge George C. Smith agreed with Saito's argument that the statute of limitations has passed on the only one of Speakman's claims that applies to him individually - civil assault and battery - and that \"the other remaining counts are applicable only to defendant OU.\" These include a federal Title (gender-discrimination) claim, a sexual- harassment/hostile work environment claim, a negligent-hiring claim, and a respondeat superior \"vicarious liability\" claim - in other words, that is liable for the misdeeds of its employee. 2/22/25, 6:19 Former prof out of sex harassment suit still in \| Local News \| athensnews.com 2/2", "7488_103.pdf": "of-harassment/article_cab4fed1-2ed8-5f39-986f-90f69dd1cd4f.html committee recommends tenure loss for prof accused of harassment Athens Staff Dec 5, 2005 departmental committee at Ohio University has recommended stripping tenure from an art professor who was found to have violated the university's sexual- harassment policy. In a Nov. 14 letter to Chuck McWeeny, interim dean of OU's College of Fine Arts, School of Arts Director Robert Lazuka reports that based on advice from a faculty committee am recommending that de-tenuring of associate professor (Yoshitomo) Saito proceed according to the Ohio University Faculty Handbook launched an internal investigation of Saito, 47, after a female graduate student filed a sexual-harassment complaint against him. The investigation report, released earlier this year, concluded that Saito has engaged in 'questionable conduct' over several years, which has affected multiple students. It alleged that Saito showed 'a pattern of pervasive behavior,' in which he would use his status as a professor to set up meetings with students he found attractive, then ply them with gifts and professions of love. The report says Saito continued his harassment of the female student, even after he was warned by authorities to stop, showing 'a callous disregard for institutional policy.' Saito's attorney has declined to comment on the case, though OU's Legal Affairs office has reported that the professor has indicated he plans to fight his de-tenuring. 2/22/25, 6:19 committee recommends tenure loss for prof accused of harassment \| Local News \| athensnews.com 1/2 The official procedure in Saito's case requires his departmental chair -- in this case, Lazuka -- to gather faculty input from the professor's colleagues, on the issue of possible de-tenuring. This has now happened, with the faculty recommending that Saito lose tenure. In his letter to McWeeny, Lazuka reported that on Oct. 28, after release of the investigative report, Saito through his attorney Jonathan Sowash asked to be allowed to defend himself to a promotion and tenure committee. The committee offered to let him appear Nov. 9 to present a written statement and/or read it aloud, but he would not agree to these terms, according to Lazuka's letter. The department director adds in his letter that he believes Saito has violated the faculty conduct code, having been 'given ample opportunity over a long period of time to alter his behavior. Each time he not only failed to do so, but also made concerted attempts to hide his actions or alter their interpretation.' Lazuka concludes that in his opinion, Saito 'does not understand the unequal power distribution between himself and some of his female students.' The decision to de-tenure Saito must now be approved by, in order, McWeeny, Provost Kathy Krendl, and finally President Roderick McDavis. Assuming that Saito fights the de-tenuring, that process will take place before a special Faculty Senate committee. 2/22/25, 6:19 committee recommends tenure loss for prof accused of harassment \| Local News \| athensnews.com 2/2"}
7,257	Richard Savino	California State University - Sacramento	[ "7257_101.pdf" ]	{"7257_101.pdf": "9TH v (2006) United States Court of Appeals,Ninth Circuit. Trista STANLEY, an individual, Plaintiff-Appellant, v the UNIVERSITY; California State University, Sacramento, Defendants-Appellees. No. 04-15134. Decided: January 11, 2006 Before: WALLACE, TROTT, and RYMER, Circuit Judges. Chad Carlock, Law Offices of Chad Carlock, Davis, CA, for plaintiff-appellant Trista Stanley. Peter W. Thompson, Deputy Attorney General, Sacramento, CA, for defendant-appellees Trustees of the California State University. Trista Stanley appeals from a judgment on the pleadings based upon statute of limitations and state sovereign immunity grounds. We have jurisdiction pursuant to 28 U.S.C. \u00a7 1291(a), and we affirm. I. Stanley was intermittently a student at California State University, Sacramento (University) from 1998 to 2000. Stanley alleges that Richard Savino, her classical guitar professor and faculty advisor, sexually harassed her beginning in 1999 and that the harassment caused her to withdraw her enrollment at the end of the spring semester in 1999. Stanley returned for the fall semester in 1999 and alleges that she was again subjected to sexual harassment. Stanley reported the harassment to various University offices and again withdrew her enrollment after they did not respond to her complaints. She returned to the University a final time in the spring of 2000. She alleges she was again forced to withdraw after \uf002 / / / / Find a Lawyer Legal Forms & Services \uf107 Learn About the Law \uf107 Legal Professionals \uf107 Blogs 2/22/25, 6:19 v (2006) \| FindLaw 1/13 learning that other students and faculty knew about her experience with Savino, which created an uncomfortable environment. The last alleged incident of sexual harassment occurred in May 2000. In September 2000, Stanley submitted a formal complaint of sexual harassment to the University. The alleged sexual harassment consisted of unwanted advances, physical contact, and sexually-charged comments. The University conducted an investigation and on January 17, 2001, Peter Lau, Director of the Equal Opportunity/Affirmative Action Office, sent Stanley a letter stating: \u201cAfter receiving the [investigation] report have concluded that Professor Savino violated University Policy. The University will take appropriate action.\u201d Stanley is not aware of any disciplinary action taken as a result of the letter. On April 27, 2001, Stanley filed a claim with the California State Board of Control seeking compensation for Savino's sexual harassment and for the University's failure to act on her complaints. Stanley did not receive a response. Stanley filed her original action in federal court on May 23, 2002. The complaint set forth seven claims: a 20 U.S.C. \u00a7 1681 (Title IX) claim, a 42 U.S.C. \u00a7 1983 claim, and five state law claims. Stanley has asserted both quid pro quo and hostile environment sexual harassment claims. The only remaining defendants are the Trustees of the California State University (Trustees). The District Court held that all claims but the Title claim were barred by state sovereign immunity and the Title claim was barred by the applicable statute of limitations. II. We turn first to what the district court referred to as the Trustee's Eleventh Amendment immunity. Courts have often \u201creferred to the States' immunity from suit as \u2018Eleventh Amendment immunity.\u2019 The phrase is convenient shorthand but something of a misnomer, for the sovereign immunity of the States neither derives from nor is limited by the terms of the Eleventh Amendment.\u201d Alden v. Maine, 527 U.S. 706, 713, 119 S.Ct. 2240, 144 L.Ed.2d 636 (1999). We review judgment on the pleadings de novo. Owens v. Kaiser Found. Health Plan, Inc., 244 F.3d 708, 713(9th Cir.2001). Judgment on the pleadings is proper when, taking all allegations in the pleading as true, the moving party is entitled to judgment as a matter of law. Id. We review a district court's rulings on state sovereign immunity de novo. See Carey v. Nev. Gaming Control Bd., 279 F.3d 873, 877(9th Cir.2002). We have previously held that the Trustees are an arm of the state that can properly lay claim to sovereign immunity. See Jackson v. Hayakawa, 682 F.2d 1344, 1350-51(9th Cir.1982). In an action for incurred monetary damages, state sovereign immunity can be overcome only by explicit abrogation by Congress pursuant to its powers under the Fourteenth Amendment or by state consent to suit. See In 2/22/25, 6:19 v (2006) \| FindLaw 2/13 re Harleston, 331 F.3d 699, 701 (9th Cir.2003). \u201cCongress may abrogate the States' constitutionally secured immunity from suit in federal court only by making its intention unmistakably clear in the language of the statute.\u201d Kimel v. Fla. Bd. of Regents, 528 U.S. 62, 73, 120 S.Ct. 631, 145 L.Ed.2d 522 (2000) (internal quotation marks and citation omitted). Similarly, a state's \u201cconsent [must] be unequivocally expressed.\u201d Pennhurst State Sch. & Hosp. v. Halderman, 465 U.S. 89, 99, 104 S.Ct. 900, 79 L.Ed.2d 67 (1984) (citations omitted); see also Coll. Sav. Bank v. Fla. Prepaid Postsecondary Educ. Expense Bd., 527 U.S. 666, 675, 119 S.Ct. 2219, 144 L.Ed.2d 605 (1999) (the \u201ctest for determining whether a State has waived its immunity from federal-court jurisdiction is a stringent one\u201d). \u201c[A] State does not consent to suit in federal court merely by consenting to suit in the courts of its own creation. Nor does it consent to suit in federal court merely by stating its intention to \u2018sue and be sued,\u2019 or even by authorizing suits against it \u2018in any court of competent jurisdiction\u2019\u2024\u201d College Sav. Bank, 527 U.S. at 676, 119 S.Ct. 2219(internal quotation marks and citations omitted). The Supreme Court has previously held that Congress has properly abrogated state sovereign immunity for Title claims. See Franklin v. Gwinnett County Pub. Sch., 503 U.S. 60, 72, 112 S.Ct. 1028, 117 L.Ed.2d 208 (1992). Thus, this claim is not barred on this basis. Stanley has not argued on appeal, however, that the district court erred in dismissing her section 1983 action based on state sovereign immunity. This argument is therefore waived. See Greenwood v. FAA, 28 F.3d 971, 977 (9th Cir.1994). Stanley argues that her state law claims are not barred because Congress has abrogated state sovereign immunity by authorizing supplemental jurisdiction. The exercise of supplemental jurisdiction is governed by 28 U.S.C. \u00a7 1367, which is silent as to sovereign immunity. The statute is a far cry from the \u201cunmistakably clear\u201d language required for abrogation. Additionally, there is no indication that Congress intended to exercise its powers under Section 5 of the Fourteenth Amendment by enacting section 1367; the statute only addresses the jurisdiction of federal courts, which Congress regulates through its Article powers. Thus, we hold that 28 U.S.C. \u00a7 1367 does not abrogate state sovereign immunity for supplemental state law claims. Stanley also appears to argue that California has consented to suit by passing the Unruh Civil Rights Act (Act), Cal. Civ.Code \u00a7\u00a7 51-53, which is the basis for many of her state law claims. The Act does not specifically consent to federal court actions. Even assuming the Trustees fall within the statute's \u201call business establishments\u201d language, see Cal. Civ.Code \u00a7 51, the Supreme Court has held that the \u201cany court of competent jurisdiction\u201d language, see Cal. Civ.Code \u00a7 52.2, is not sufficient to constitute consent to sue in federal court. See Coll. Sav. Bank, 527 U.S. at 676, 119 S.Ct. 2219. Thus, Stanley has not met the \u201cstringent test\u201d for establishing state consent to suit. See id. at 675, 119 S.Ct. 2219; see also Pennhurst, 465 U.S. at 106, 104 S.Ct. 900(\u201c[I]t is difficult to think of a greater intrusion on state sovereignty than when a federal court instructs state officials on how to conform their 2/22/25, 6:19 v (2006) \| FindLaw 3/13 conduct to state law. Such a result conflicts directly with the principles of federalism that underlie the Eleventh Amendment.\u201d). State sovereign immunity bars all of Stanley's state law claims. III. The District Court held that Stanley's Title claim is subject to California's personal injury statute of limitations. We review a district court's determination of the applicable statute of limitations de novo. Taylor v. Regents of Univ. of Cal., 993 F.2d 710, 711 (9th Cir.1993). Title does not expressly provide any statute of limitations. Because a Title suit is a civil rights action, we \u201cborrow the most appropriate state statute of limitations.\u201d Cholla Ready Mix, Inc. v. Civish, 382 F.3d 969, 974(9th Cir.2004), cert. denied sub nom., Cholla Ready Mix, Inc. v. Mendez, 544 U.S. 974, 125 S.Ct. 1828, 161 L.Ed.2d 724 (2005), citing Wilson v. Garcia, 471 U.S. 261, 268, 105 S.Ct. 1938, 85 L.Ed.2d 254 (1985). For other civil rights actions, we have \u201cborrowed\u201d the state statute of limitations for personal injury. See Taylor, 993 F.2d at 711-12(stating that the \u201cstatute of limitations for personal injury actions governs claims brought pursuant to 42 U.S.C. \u00a7\u00a7 1981, 1983, and 1985\u201d and holding the same applies to actions under Title of the Civil Rights Act of 1964 (Title VI)). Should we apply the same ruling for Title claims? It appears that every circuit to consider the issue has held that Title also borrows the relevant state's statute of limitations for personal injury. See Curto v. Edmundson, 392 F.3d 502, 503-04 (2d Cir.2004), cert. denied 545 U.S. 1133, 125 S.Ct. 2944, 162 L.Ed.2d 875 (2005); Bougher v. Univ. of Pittsburgh, 882 F.2d 74, 77-78 (3d Cir.1989); Lillard v. Shelby County Bd. of Educ., 76 F.3d 716, 729 (6th Cir.1996); Egerdahl v. Hibbing Cmty. Coll., 72 F.3d 615, 618 (8th Cir.1995); M.H.D. v. Westminster Schs., 172 F.3d 797, 803 (11th Cir.1999). The rationale of our sister circuits is compelling, and we adopt it. The close similarity between Title and Title also supports applying the statute of limitations for personal injury. The Supreme Court has repeatedly held that Title is based on Title and has used similar modes of analysis to resolve Title cases. See, e.g., Grove City Coll. v. Bell, 465 U.S. 555, 556, 104 S.Ct. 1211, 79 L.Ed.2d 516 (1984) (\u201cThe drafters of Title \u2024 approved identical language, [and] we discern no reason to believe that the Congressmen who voted for Title intended a different result\u201d); Cannon v. Univ. of Chicago, 441 U.S. 677, 693 n. 14, 717, 99 S.Ct. 1946, 60 L.Ed.2d 560 (1979) (concluding private right of action exists under Title after pointing out it was \u201cexplicitly patterned\u201d after Title VI). We have also observed the similarity between Title and Title IX. See, e.g., Jeldness v. Pearce, 30 F.3d 1220, 1227 (9th Cir.1994) (\u201cBecause Title and Title use the same language, they should, as a matter of statutory interpretation, be read to require the same levels of protection and equality.\u201d) Indeed, in deciding that personal injury statutes of limitations applied to Title VI, we approvingly cited a Third Circuit case, Bougher, pointing out that it had applied state personal injury statute of limitations to Title IX. Taylor, 993 F.2d at 712. 2/22/25, 6:19 v (2006) \| FindLaw 4/13 Stanley appeared to concede at oral argument that the personal injury statutes of limitations would ordinarily apply to Title actions. However, Stanley argued that a California statute, Cal. Gov.Code \u00a7 945.6, which applies to state law suits \u201cbrought against a public entity on a cause of action for which a claim is required to be presented\u201d should govern here. That statute provides for a two-year statute of limitations if the state does not respond to a presented claim. The Supreme Court has stressed, however, that \u201c[t]he federal interests in uniformity, certainty, and the minimization of unnecessary litigation all support\u201d the use of a single statute of limitations within each state. Wilson, 471 U.S. at 275, 105 S.Ct. 1938 (holding all section 1983 actions are subject to state personal injury statute of limitations). Under Stanley's theory, the statute of limitations would vary depending on the identity of the defendant, as well as on a defendant's response to a claim presentment. This result would be in sharp opposition to these federal interests. Stanley also misapprehends the nature of the analysis. The issue is not what statute of limitations the California legislature intended to apply to this federal action, but rather what state statute of limitations the federal claim should \u201cborrow.\u201d Stanley's lengthy statutory interpretation analysis and speculation about the intent of California legislators is therefore irrelevant. See Wilson, 471 U.S. at 269, 105 S.Ct. 1938(\u201cThe importation of the policies and purposes of the States on matters of civil rights is not the primary office of the borrowing provision \u2024 Congress surely did not intend to assign to state[s] \u2024 a conclusive role in the formative function of defining and characterizing the essential elements\u201d of federal claims). The essential inquiry for statute of limitations \u201cborrowing\u201d is the nature of the harm alleged, not the identity of the named defendant. Lastly, it is far from certain that Title actions can be subject to a state claim presentment requirement. In Felder v. Casey, 487 U.S. 131, 134, 108 S.Ct. 2302, 101 L.Ed.2d 123 (1988), the Supreme Court held that the states may not apply such requirements to section 1983 actions. The case also strongly suggests that they cannot be applied to any federal civil rights actions. See id. at 153, 108 S.Ct. 2302 state law that conditions that right of recovery upon compliance with a rule designed to minimize governmental liability, and that directs injured persons to seek redress in the first instance from the very targets of the federal legislation, is inconsistent in both purpose and effect with the remedial objectives of the federal civil rights law\u201d). Indeed, Stanley conceded at oral argument that the claims presentment requirement does not apply to her Title action. Under Stanley's proposed statute of limitations, however, the limitations period would vary based on the state's response to a requirement that does not apply to the claim, and potentially cannot be constitutionally applied to the claim. Therefore, we join every other federal circuit to consider this issue and hold that Title claims are subject to the applicable state statute of limitations for personal injury actions. At the time of the filing of this action, California's statute of limitations for personal injury was one year. See Cal.Civ.Proc.Code \u00a7 340.3 (West Supp.2002). California has since changed this period to two years. See Jones v. 2/22/25, 6:19 v (2006) \| FindLaw 5/13 Blanas, 393 F.3d 918, 927 (9th Cir.2004); Cal.Civ.Proc.Code \u00a7 335.1 (West Supp.2002). However, we have held that this change is not retroactive. Jones, 393 F.3d at 927(applying California personal injury statute of limitations). Thus, a one year statute of limitations applies to Stanley's Title claim. IV. Stanley argues that the district court failed to apply the applicable statute of limitations properly to her Title claim. We review whether the statute of limitations has run de novo. Harvey v. Waldron, 210 F.3d 1008, 1013 (9th Cir.2000). Although Title borrows a state statute of limitations period, federal law governs the \u201cdetermination of the point at which the limitations period begins to run.\u201d Hoesterey v. City of Cathedral City, 945 F.2d 317, 319 (9th Cir.1991) (citation omitted). \u201c[T]he touchstone for determining the commencement of the limitations period is notice: \u2018a cause of action generally accrues when a plaintiff knows or has reason to know of the injury which is the basis of his action.\u2019 \u201d Id., quoting Cline v. Brusett, 661 F.2d 108, 110 (9th Cir.1981). \u201cThe proper focus is upon the time of the discriminatory acts, not upon the time at which the consequences of the acts became most painful.\u201d Abramson v. Univ. of Haw., 594 F.2d 202, 209 (9th Cir.1979). It is unnecessary to determine exactly when Stanley had notice, because she certainly had reason to know of the injury upon which her action was based when she filed a complaint alleging virtually identical claims with the State Board of Control on April 27, 2001. Stanley has not argued that this complaint tolls the statute of limitations. Thus, as a matter of law, Stanley had \u201creason to know\u201d of her claim by at least April 27, 2001. Because she did not file her first action in district court until May 23, 2002, her claim is time-barred under the applicable one-year statute of limitations. Stanley argues that her claim is nonetheless viable because of the continuing violation doctrine. But she did not cite, nor did the Trustees, the Supreme Court's recent clarification of the continuing violation doctrine, which separates discrete acts and hostile environment claims. See Nat'l R.R. Passenger Corp. v. Morgan, 536 U.S. 101, 111-19, 122 S.Ct. 2061, 153 L.Ed.2d 106 (2002). The Court rejected application of the continuing violation doctrine for discrete acts by holding that \u201cdiscrete acts that fall within the statutory time period do not make timely acts that fall outside the time period\u2024 [D]iscrete discriminatory acts are not actionable if time barred, even when they are related to acts alleged in timely filed charges.\u201d Id. at 112-13, 122 S.Ct. 2061. However, \u201chostile environment claims are different in kind from discrete acts.\u201d Id. at 115, 122 S.Ct. 2061. \u201cIn order for the charge to be timely, the employee need only file a charge within \u2024 [the limitations period] of any act that is part of the hostile work environment.\u201d Id. at 118, 122 S.Ct. 2061. It is readily apparent that the continuing violation doctrine cannot save Stanley's quid pro quo sexual harassment claim, as no discrete acts of sexual harassment occurred within the limitations period; 2/22/25, 6:19 v (2006) \| FindLaw 6/13 indeed, the last acts are alleged to have occurred in May 2000. Stanley's hostile environment claim also cannot be saved by the continuing violation doctrine. Stanley has argued that the school's continued deliberate indifference prevents the statute of limitations from beginning to run. Not so. \u201cDeliberate indifference\u201d is the standard for imputing liability to the Trustees, see Gebser v. Lago Vista Indep. Sch. Dist., 524 U.S. 274, 292-93, 118 S.Ct. 1989, 141 L.Ed.2d 277 (1998), not for establishing a hostile environment. In order to support liability, the deliberate \u201cindifference must, at a minimum, cause [students] to undergo harassment or make them liable or vulnerable to it.\u201d Davis v. Monroe County Bd. of Educ., 526 U.S. 629, 645, 119 S.Ct. 1661, 143 L.Ed.2d 839 (1999) (internal quotation marks and citations omitted) (alteration in original); see also Reese v. Jefferson Sch. Dist. No. 14J, 208 F.3d 736, 739-40 (9th Cir.2000) (applying Davis standard). Stanley, however, has not alleged that the University caused her to undergo, or be vulnerable to, any harassment during the limitations period, a time when she was not present at the University. Additionally, Stanley has not alleged any \u201cacts\u201d under the Morgan standard within the limitations period that contributed to a hostile environment. In order to establish a sexually hostile environment based on alleged sexual harassment, Stanley must show: \u201c(1) she was subjected to verbal or physical conduct of a sexual nature; (2) the conduct was unwelcome; and (3) the conduct was sufficiently severe or pervasive to alter the conditions of her employment and create an abusive work environment.\u201d Porter v. Cal. Dept. of Corr., 419 F.3d 885, 892 (9th Cir.2005) (as amended). Stanley has not been enrolled at the University since 2000. Unsurprisingly, she has not alleged that she was subjected to any sexually-natured conduct at the University during a period when she was not present. While it is true that we have held that the mere presence of a harassing individual may constitute a hostile environment, see Ellison v. Brady, 924 F.2d 872, 883 (9th Cir.1991), we have never held the presence of an individual in a workplace or institution where the plaintiff is not present constitutes a hostile environment. The mere speculation that if she had returned the environment would have been hostile is not sufficient to establish an \u201cact\u201d by a defendant within the limitations period. Thus, Stanley's hostile environment claim also cannot be saved by the continuing violation doctrine. Stanley's argument also runs afoul of Davis, which requires more than non-responsiveness; it requires that the indifference result in harassment or render her vulnerable to harassment. Stanley has not alleged anything of the sort occurred during the limitations period. Moreover, Stanley's argument conflates her desired remedy with violation of Title in a manner that effectively vitiates the statute of limitations. Under Stanley's theory, as long as the Trustees do not provide her desired relief, they are continuing to be \u201cdeliberately indifferent\u201d and subject to suit. At oral 2/22/25, 6:19 v (2006) \| FindLaw 7/13 argument, Stanley conceded that this would allow her to bring suit twenty years from now. Even leaving Davis aside, we will not adopt an approach that renders the statute of limitations a virtual nullity. The district court thus correctly determined the applicable statute of limitations and properly applied it to Stanley's Title claim. AFFIRMED. WALLACE, Senior Circuit Judge. Was this helpful? Yes No Welcome to FindLaw's Cases & Codes free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law. Go to Learn About the Law \uf105 2/22/25, 6:19 v (2006) \| FindLaw 8/13 v (2006) Docket No: No. 04-15134. Decided: January 11, 2006 Court: United States Court of Appeals,Ninth Circuit. Need to find an attorney? 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7,324	James Schwartz	El Camino College	[ "7324_101.pdf", "7324_102.pdf", "7324_103.pdf" ]	{"7324_101.pdf": "El Camino College Settles Sexual Harassment Suit For $2.5M February 28, 2011 / 6:59 News TORRANCE, Calif former secretary who claimed she was sexually harassed by a former dean at a Southern California college will receive $2.5 million. The Daily Breeze of Torrance says El Camino College settled a lawsuit with Nyesha Artiaga last month. The community college will pay about a third of the settlement and its insurance company will pay most of the rest. The former dean James Schwartz, will pay $25,000. Under last month's settlement Artiaga agreed to quit her job and never to apply for employment with the college again. In court documents, Artiaga claimed that between 2007 and 2009, Schwartz groped her and threatened to fire her if she refused to have sex with him. Schwartz said the two had a consensual relationship News Weather Sports Videos News Shows 49\u00b0 Be the first to know Get browser notifications for breaking news, live events, and exclusive reporting. 2/22/25, 6:20 El Camino College Settles Sexual Harassment Suit For $2.5M Los Angeles 1/3 \u00a9 2011 Broadcasting Inc. All Rights Reserved. (\u00a9 Copyright 2011 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten or redistributed.) More from News How much are Mavs tickets selling for post Luka Doncic trade? Paris Hilton auctions clothing for Los Angeles wildfire recovery efforts United Firefighters of Los Angeles president is \"outraged\" over removal of chief Los Angeles hospital breaks ground on youth psychiatric center Watch News Be the first to know Get browser notifications for breaking news, live events, and exclusive reporting. 2/22/25, 6:20 El Camino College Settles Sexual Harassment Suit For $2.5M Los Angeles 2/3 \u00a92025 Broadcasting Inc. All Rights Reserved. Terms of Use Privacy Policy Cookie Details 2 Contests & Promotions Program Guide Sitemap About Us Advertise Television Jobs Public File for Public File for Public Inspection File Help Applications Report Watch News 2/22/25, 6:20 El Camino College Settles Sexual Harassment Suit For $2.5M Los Angeles 3/3", "7324_102.pdf": "By By \| \| [email protected] [email protected] UPDATED: UPDATED: September 6, 2017 at 7:54 September 6, 2017 at 7:54 For the second time in a little more than a year, a female employee at El Camino College has For the second time in a little more than a year, a female employee at El Camino College has received a large settlement of a lawsuit claiming sexually harassment by a former vice received a large settlement of a lawsuit claiming sexually harassment by a former vice president and dean. president and dean. El Camino administrative assistant Linda Olsen charged that, from 2004 to 2010, James El Camino administrative assistant Linda Olsen charged that, from 2004 to 2010, James Schwartz \u2013 who worked as a dean in several departments over the years \u2013 glared at her breasts, Schwartz \u2013 who worked as a dean in several departments over the years \u2013 glared at her breasts, subjected her to unwanted touching, kissing, and groping, and made demands for unwanted subjected her to unwanted touching, kissing, and groping, and made demands for unwanted sex, according to court documents. She also accused him of threatening to punish her with sex, according to court documents. She also accused him of threatening to punish her with negative job evaluations or even termination if she refused to have sex with him. negative job evaluations or even termination if she refused to have sex with him. Olsen, a 53-year-old Torrance resident, was awarded $750,000 on Feb. 29. The settlement came Olsen, a 53-year-old Torrance resident, was awarded $750,000 on Feb. 29. The settlement came about a year after she filed the claim, and about 14 months after another woman, former about a year after she filed the claim, and about 14 months after another woman, former secretary Nyesha Artiaga of Los Angeles, received a $2.5 million award for a sexual-harassment secretary Nyesha Artiaga of Los Angeles, received a $2.5 million award for a sexual-harassment suit against the same man, who is now 75 years old. About 40 percent of Olsen\u2019s settlement will suit against the same man, who is now 75 years old. About 40 percent of Olsen\u2019s settlement will go to her attorneys, the Meyers Law Group of Rancho Cucamonga. go to her attorneys, the Meyers Law Group of Rancho Cucamonga El Camino College settles 2nd sexual El Camino College settles 2nd sexual harassment suit against former dean harassment suit against former dean Loading your audio article Loading your audio article 2/22/25, 6:20 El Camino College settles 2nd sexual harassment suit against former dean \u2013 Daily Breeze 1/19 As in the Artiaga case, El Camino College was on the hook for just a third of the payout. An As in the Artiaga case, El Camino College was on the hook for just a third of the payout. An insurance provider covered the balance. insurance provider covered the balance. \u201cI\u2019m disappointed in the whole thing,\u201d El Camino board President Bill Beverly said Wednesday, \u201cI\u2019m disappointed in the whole thing,\u201d El Camino board President Bill Beverly said Wednesday, adding that the Torrance-area college opted to settle on the advice of the insurance carrier. \u201cI\u2019m adding that the Torrance-area college opted to settle on the advice of the insurance carrier. \u201cI\u2019m disappointed in everybody who was anywhere near the problem, if there was one.\u201d disappointed in everybody who was anywhere near the problem, if there was one.\u201d El Camino has been the target of several sexual harassment suits in recent years. El Camino has been the target of several sexual harassment suits in recent years. Olsen\u2019s settlement marks the fourth completion of such cases filed by former female El Camino Olsen\u2019s settlement marks the fourth completion of such cases filed by former female El Camino employees against their male bosses in the last year and a half. In two of the cases, the college employees against their male bosses in the last year and a half. In two of the cases, the college prevailed at trial. But the Olsen and Artiaga cases were both settled with the help of a mediator prevailed at trial. But the Olsen and Artiaga cases were both settled with the help of a mediator before going to trial. before going to trial. Schwartz, who now lives by himself in Palm Desert, denies the accusations of both women. He Schwartz, who now lives by himself in Palm Desert, denies the accusations of both women. He added that he hadn\u2019t even heard of the Olsen settlement until a reporter called his home on added that he hadn\u2019t even heard of the Olsen settlement until a reporter called his home on Wednesday. Wednesday feel victimized,\u201d he said. \u201cIt\u2019s just amazing what people can do to destroy your reputation feel victimized,\u201d he said. \u201cIt\u2019s just amazing what people can do to destroy your reputation.\u201d Of the allegations, he said, \u201cAll can say is they\u2019re not true.\u201d Of the allegations, he said, \u201cAll can say is they\u2019re not true.\u201d The Olsen complaint was less incendiary and explicit than the one filed by Artiaga, who is now The Olsen complaint was less incendiary and explicit than the one filed by Artiaga, who is now 34. Artiaga\u2019s lawyers claimed that Schwartz \u2013 her superior \u2013 raped her in his locked office \u201cand 34. Artiaga\u2019s lawyers claimed that Schwartz \u2013 her superior \u2013 raped her in his locked office \u201cand eventually ejaculated on plaintiff\u2019s underwear.\u201d Artiaga also accused Schwartz of offering her up eventually ejaculated on plaintiff\u2019s underwear.\u201d Artiaga also accused Schwartz of offering her up to $800 in exchange for sex in hotel rooms. (Schwartz did not deny that they had a sexual to $800 in exchange for sex in hotel rooms. (Schwartz did not deny that they had a sexual relationship, but contended in court documents that it was consensual.) relationship, but contended in court documents that it was consensual.) Meanwhile, Olsen\u2019s complaint says she was subjected to harassment and retaliation in the form Meanwhile, Olsen\u2019s complaint says she was subjected to harassment and retaliation in the form of being yelled at, ignored, isolated, having work taken away from her, and criticized regarding of being yelled at, ignored, isolated, having work taken away from her, and criticized regarding her work. her work. \u201c(Olsen) failed to complain about Mr. Schwartz\u2019s behavior because she feared that she would \u201c(Olsen) failed to complain about Mr. Schwartz\u2019s behavior because she feared that she would lose her job if she did so,\u201d Olsen\u2019s attorney, David Myers, said in court documents. Myers did lose her job if she did so,\u201d Olsen\u2019s attorney, David Myers, said in court documents. Myers did not return a call Wednesday seeking comment. not return a call Wednesday seeking comment. Read More Read More 00:00 00:00 00:00 00:00 2/22/25, 6:20 El Camino College settles 2nd sexual harassment suit against former dean \u2013 Daily Breeze 2/19 The documents go on to say Schwartz warned Olsen that he had a good relationship with her The documents go on to say Schwartz warned Olsen that he had a good relationship with her union president, and that the union would believe him over her. union president, and that the union would believe him over her. In what appears to be a connection to the Artiaga case, the complaint says that in December In what appears to be a connection to the Artiaga case, the complaint says that in December 2010 \u2013 right around the time attorneys were investigating Artiaga\u2019s claim \u2013 Schwartz left a 2010 \u2013 right around the time attorneys were investigating Artiaga\u2019s claim \u2013 Schwartz left a message on Olsen\u2019s voice mail instructing her to lie under penalty of perjury about what had message on Olsen\u2019s voice mail instructing her to lie under penalty of perjury about what had allegedly happened between Schwartz and Olsen. allegedly happened between Schwartz and Olsen. The documents say Schwartz\u2019s treatment of Olsen grew more harsh \u201cwhen another female The documents say Schwartz\u2019s treatment of Olsen grew more harsh \u201cwhen another female employee began having an open relationship with Mr. Schwartz.\u201d In addition, Olsen\u2019s camp employee began having an open relationship with Mr. Schwartz.\u201d In addition, Olsen\u2019s camp claims that the alleged misconduct took the form of quid-pro-quo harassment, in which Olsen claims that the alleged misconduct took the form of quid-pro-quo harassment, in which Olsen was \u201crequired to have sex with Defendant Schwartz in order to receive good performance was \u201crequired to have sex with Defendant Schwartz in order to receive good performance evaluations.\u201d evaluations.\u201d While the terms of Artiaga\u2019s settlement called for her to sever ties with El Camino, Olsen\u2019s While the terms of Artiaga\u2019s settlement called for her to sever ties with El Camino, Olsen\u2019s agreement included no such clause. She still works as an administrative assistant in the agreement included no such clause. She still works as an administrative assistant in the college\u2019s athletic department. college\u2019s athletic department. Schwartz, who for many years served as the college\u2019s dean of health sciences and athletics, said Schwartz, who for many years served as the college\u2019s dean of health sciences and athletics, said Wednesday that he knew Olsen had filed some sort of allegation. He was under the impression Wednesday that he knew Olsen had filed some sort of allegation. He was under the impression there had been an internal investigation that had cleared him of any wrongdoing. there had been an internal investigation that had cleared him of any wrongdoing. \u201cMy regret is that all this stuff is ruining my reputation,\u201d he said. \u201cThat people can just sit down \u201cMy regret is that all this stuff is ruining my reputation,\u201d he said. \u201cThat people can just sit down and write up stuff and get rewarded for it certainly loved El Camino.\u201d and write up stuff and get rewarded for it certainly loved El Camino.\u201d As the dean of health sciences, Schwartz started the El Camino Hall of Fame and the El Camino As the dean of health sciences, Schwartz started the El Camino Hall of Fame and the El Camino golf tournament. golf tournament. Schwartz\u2019s administrative career with El Camino spanned four decades. He served as dean of Schwartz\u2019s administrative career with El Camino spanned four decades. He served as dean of health sciences and athletics from 1975 to 1996, interim vice president of academic affairs from health sciences and athletics from 1975 to 1996, interim vice president of academic affairs from 1996 to 2005, interim dean of fine arts from 2007 to 2009, and the interim dean of the health 1996 to 2005, interim dean of fine arts from 2007 to 2009, and the interim dean of the health services and athletics division from 2009 until his departure in June 2010. services and athletics division from 2009 until his departure in June 2010. In 2009, he was inducted into the El Camino College Athletic Hall of Fame. During his last year In 2009, he was inducted into the El Camino College Athletic Hall of Fame. During his last year at El Camino, his annual salary was about $141,000, according to a college record. at El Camino, his annual salary was about $141,000, according to a college record. Beverly, the board president, said the college was instructed to settle by the insurance carrier, Beverly, the board president, said the college was instructed to settle by the insurance carrier, SWAAC, which represents a pool of about 50 community college districts. He said the school SWAAC, which represents a pool of about 50 community college districts. He said the school could have opted to gamble by fighting the case in court, but then would run the risk of paying could have opted to gamble by fighting the case in court, but then would run the risk of paying in full if it lost. in full if it lost. \u201cRegardless of whether the claim was believable or not, and regardless of the validity of the \u201cRegardless of whether the claim was believable or not, and regardless of the validity of the various defenses that were available, and in spite of how it might look to a jury \u2013 with the various defenses that were available, and in spite of how it might look to a jury \u2013 with the plaintiff saying want a piece of that, too,\u2019 our insurance carrier wanted to settle it,\u201d he said. plaintiff saying want a piece of that, too,\u2019 our insurance carrier wanted to settle it,\u201d he said. El Camino College pays about $350,000 a year for general liability insurance. College El Camino College pays about $350,000 a year for general liability insurance. College spokeswoman Ann Garten said the two recent payouts aren\u2019t expected to increase the cost of spokeswoman Ann Garten said the two recent payouts aren\u2019t expected to increase the cost of the college\u2019s premium. the college\u2019s premium. \u201cAn insurance carrier is not going to look at an individual college,\u201d she said. \u201cIt will look at the \u201cAn insurance carrier is not going to look at an individual college,\u201d she said. \u201cIt will look at the whole (pool).\u201d whole (pool).\u201d 2/22/25, 6:20 El Camino College settles 2nd sexual harassment suit against former dean \u2013 Daily Breeze 3/19 \ue905 \ue905 Originally Published: Originally Published: March 21, 2012 at 12:00 March 21, 2012 at 12:00 Although the two payouts are a blow to the El Camino Community College District, the school Although the two payouts are a blow to the El Camino Community College District, the school has recently prevailed in two similar cases. has recently prevailed in two similar cases. In October 2010, the college was vindicated when a judge ruled mostly in favor of the district in In October 2010, the college was vindicated when a judge ruled mostly in favor of the district in a sexual harassment and discrimination case filed by a former dean, Kristi Blackburn, who a sexual harassment and discrimination case filed by a former dean, Kristi Blackburn, who claimed she was the victim of a \u201cgood old boys\u201d club. claimed she was the victim of a \u201cgood old boys\u201d club. In March of last year, a jury ruled in favor of the college over professor Carmen Hunt, who In March of last year, a jury ruled in favor of the college over professor Carmen Hunt, who charged that her bosses had tried to force her out because of her extended leaves of absence. charged that her bosses had tried to force her out because of her extended leaves of absence. She attributed the missed work to post-traumatic stress suffered after an alleged sexual assault She attributed the missed work to post-traumatic stress suffered after an alleged sexual assault by a former dean years ago. by a former dean years ago. [email protected] [email protected] Follow Rob Kuznia on Twitter at Follow Rob Kuznia on Twitter at Around the Web Around the Web Find Useful Knowledge Find Useful Knowledge Ethereal Search Engine Ethereal Search Engine Take on a Challenge: Make Pasta Al Take on a Challenge: Make Pasta Al Limone at Home Limone at Home 2/22/25, 6:20 El Camino College settles 2nd sexual harassment suit against former dean \u2013 Daily Breeze 4/19 Did Your Mom Ever Make the Paper? Did Your Mom Ever Make the Paper? Search Newspapers.com Search Newspapers.com Four Ways Food Banks Are Feeding Four Ways Food Banks Are Feeding Kids Right Now Kids Right Now Nine Kinds of Ancestors You Could Nine Kinds of Ancestors You Could Find on Your Family Tree Find on Your Family Tree The Best Places to Buy College The Best Places to Buy College Apparel Make Showing College Pride Apparel Make Showing College Pride Too Easy Too Easy 2/22/25, 6:20 El Camino College settles 2nd sexual harassment suit against former dean \u2013 Daily Breeze 5/19 Stop Paying Too Much for Your Stop Paying Too Much for Your Prescriptions - Compare Prices, Find Prescriptions - Compare Prices, Find Free Coupons, Free Coupons, Walmart Center for Racial Equity Walmart Center for Racial Equity Update: Advancing Equity in Criminal Update: Advancing Equity in Criminal Justice Justice Five Reasons Your Car Insurance Five Reasons Your Car Insurance Rate Changes Rate Changes 2/22/25, 6:20 El Camino College settles 2nd sexual harassment suit against former dean \u2013 Daily Breeze 6/19 Why Google Workspace for Business Why Google Workspace for Business is Worth the Upgrade is Worth the Upgrade Is My Space a Good Fit for Airbnb? Is My Space a Good Fit for Airbnb? How Long Should Keep My Car? How Long Should Keep My Car? Heartwarming Reaction From a Heartwarming Reaction From a Couple Meeting Their Rescue Dog for Couple Meeting Their Rescue Dog for the First Time the First Time 2/22/25, 6:20 El Camino College settles 2nd sexual harassment suit against former dean \u2013 Daily Breeze 7/19 The Close Relationship Between The Close Relationship Between Stress and Sleep Stress and Sleep Get Dog Food Designed for Your Get Dog Food Designed for Your Dog's Health & Happiness Dog's Health & Happiness Should You Buy an Electric Car? Should You Buy an Electric Car? Four Easy Tips to Keep Your Kids Four Easy Tips to Keep Your Kids Safe Online Safe Online Get Mortgage Advice Close to Home Get Mortgage Advice Close to Home 2/22/25, 6:20 El Camino College settles 2nd sexual harassment suit against former dean \u2013 Daily Breeze 8/19 Got Plant Milk? Add These 16 Plant Got Plant Milk? Add These 16 Plant Milks to Your Mug for Health, Flavor, Milks to Your Mug for Health, Flavor, and Fro and Fro Ring Devices Help Make Peace of Ring Devices Help Make Peace of Mind More Accessible to All Mind More Accessible to All The New Normal of Selling a Home The New Normal of Selling a Home Today Today 2/22/25, 6:20 El Camino College settles 2nd sexual harassment suit against former dean \u2013 Daily Breeze 9/19 Four Ways Food Banks Are Feeding Four Ways Food Banks Are Feeding Kids Right Now Kids Right Now Take on a Challenge: Make Pasta Al Take on a Challenge: Make Pasta Al Limone at Home Limone at Home How Long Should Keep My Car? How Long Should Keep My Car? Should You Buy an Electric Car? Should You Buy an Electric Car? 2/22/25, 6:20 El Camino College settles 2nd sexual harassment suit against former dean \u2013 Daily Breeze 10/19 Five Reasons Your Car Insurance Five Reasons Your Car Insurance Rate Changes Rate Changes Heartwarming Reaction From a Heartwarming Reaction From a Couple Meeting Their Rescue Dog for Couple Meeting Their Rescue Dog for the First Time the First Time Four Easy Tips to Keep Your Kids Four Easy Tips to Keep Your Kids Safe Online Safe Online Get Dog Food Designed for Your Get Dog Food Designed for Your Dog's Health & Happiness Dog's Health & Happiness 2/22/25, 6:20 El Camino College settles 2nd sexual harassment suit against former dean \u2013 Daily Breeze 11/19 Get Mortgage Advice Close to Home Get Mortgage Advice Close to Home The New Normal of Selling a Home The New Normal of Selling a Home Today Today Ring Devices Help Make Peace of Ring Devices Help Make Peace of Mind More Accessible to All Mind More Accessible to All The Close Relationship Between The Close Relationship Between Stress and Sleep Stress and Sleep 2/22/25, 6:20 El Camino College settles 2nd sexual harassment suit against former dean \u2013 Daily Breeze 12/19 Is My Space a Good Fit for Airbnb? Is My Space a Good Fit for Airbnb? Nine Kinds of Ancestors You Could Nine Kinds of Ancestors You Could Find on Your Family Tree Find on Your Family Tree Walmart Center for Racial Equity Walmart Center for Racial Equity Update: Advancing Equity in Criminal Update: Advancing Equity in Criminal Justice Justice Stop Paying Too Much for Your Stop Paying Too Much for Your Prescriptions - Compare Prices, Find Prescriptions - Compare Prices, Find 2/22/25, 6:20 El Camino College settles 2nd sexual harassment suit against former dean \u2013 Daily Breeze 13/19 Free Coupons, Free Coupons, Got Plant Milk? Add These 16 Plant Got Plant Milk? Add These 16 Plant Milks to Your Mug for Health, Flavor, Milks to Your Mug for Health, Flavor, and Fro and Fro Did Your Mom Ever Make the Paper? Did Your Mom Ever Make the Paper? Search Newspapers.com Search Newspapers.com Why Google Workspace for Business Why Google Workspace for Business is Worth the Upgrade is Worth the Upgrade 2/22/25, 6:20 El Camino College settles 2nd sexual harassment suit against former dean \u2013 Daily Breeze 14/19 The Best Places to Buy College The Best Places to Buy College Apparel Make Showing College Pride Apparel Make Showing College Pride Too Easy Too Easy Four Ways Food Banks Are Feeding Four Ways Food Banks Are Feeding Kids Right Now Kids Right Now Take on a Challenge: Make Pasta Al Take on a Challenge: Make Pasta Al Limone at Home Limone at Home How Long Should Keep My Car? How Long Should Keep My Car? 2/22/25, 6:20 El Camino College settles 2nd sexual harassment suit against former dean \u2013 Daily Breeze 15/19 Should You Buy an Electric Car? Should You Buy an Electric Car? Five Reasons Your Car Insurance Five Reasons Your Car Insurance Rate Changes Rate Changes Heartwarming Reaction From a Heartwarming Reaction From a Couple Meeting Their Rescue Dog for Couple Meeting Their Rescue Dog for the First Time the First Time Four Easy Tips to Keep Your Kids Four Easy Tips to Keep Your Kids Safe Online Safe Online 2/22/25, 6:20 El Camino College settles 2nd sexual harassment suit against former dean \u2013 Daily Breeze 16/19 Get Dog Food Designed for Your Get Dog Food Designed for Your Dog's Health & Happiness Dog's Health & Happiness Get Mortgage Advice Close to Home Get Mortgage Advice Close to Home The New Normal of Selling a Home The New Normal of Selling a Home Today Today Ring Devices Help Make Peace of Ring Devices Help Make Peace of Mind More Accessible to All Mind More Accessible to All 2/22/25, 6:20 El Camino College settles 2nd sexual harassment suit against former dean \u2013 Daily Breeze 17/19 The Close Relationship Between The Close Relationship Between Stress and Sleep Stress and Sleep Is My Space a Good Fit for Airbnb? Is My Space a Good Fit for Airbnb? Nine Kinds of Ancestors You Could Nine Kinds of Ancestors You Could Find on Your Family Tree Find on Your Family Tree Walmart Center for Racial Equity Walmart Center for Racial Equity Update: Advancing Equity in Criminal Update: Advancing Equity in Criminal Justice Justice 2/22/25, 6:20 El Camino College settles 2nd sexual harassment suit against former dean \u2013 Daily Breeze 18/19 2012 2012 \ue907 \ue907March March \ue907 \ue90721 21 Stop Paying Too Much for Your Stop Paying Too Much for Your Prescriptions - Compare Prices, Find Prescriptions - Compare Prices, Find Free Coupons, Free Coupons, 2/22/25, 6:20 El Camino College settles 2nd sexual harassment suit against former dean \u2013 Daily Breeze 19/19", "7324_103.pdf": "Two former students file sexual abuse lawsuits against shuttered Mendham boarding school Published 5:45 a.m Dec. 12, 2019 Updated 4:12 p.m Dec. 12, 2019 Two former students of a now-defunct Mendham boarding school where the headmaster sexually abused children in the 1980s are suing the school for failing to protect them from assault. James Schwartz and an unnamed plaintiff claim the Chartwell Manor School, a boarding school for students with special educational needs, negligently deemed headmaster Terence Lynch fit to work with children and failed to report known or suspected abuse to law enforcement. The lawsuits were filed Tuesday under a new state law that lifted a statute of limitations on sexual abuse claims for the next two years, allowing victims to file civil suits until they turn 55 years old or seven years after they recognize damage from abuse. Schwartz alleges Lynch engaged in sexual contact with him from 1970 to 1973 when Schwartz was 15 to 17 years old. The unnamed plaintiff claims they were sexually abused by Lynch from 1982 to 1984 when they were 13 to 15 years old. Lawsuits: New accuser names former Cardinal McCarrick as dozens of lawsuits are filed under law Sex Abuse Giants chaplain subject of latest sex abuse lawsuit against Newark Archdiocese Lynch served seven years in state prison for abusing 14 students \u2013 12 boys and two girls between 10 and 16 years old \u2013 from 1981 to 1984. He was indicted on more than 100 counts Svetlana Shkolnikova Morristown Daily Record 2/22/25, 6:20 Former students file sexual abuse suits against closed Mendham school 1/2 of sexual assault and other charges for spanking half-naked male students in class while fondling them and forcing students to perform sexual acts. Two former teachers at the school were also charged with sexual assault and sexual conduct. Chartwell Manor closed in 1984 for undisclosed reasons, according to news reports. After his prison release in 1997, Lynch became a volunteer at the Morristown-funded Beginnings drug and alcohol rehab center where he posed as a medical doctor and subjected three men to spankings, genital exams, hernia checks and questions about their sex lives. The men received $780,000 from a settlement agreement and Lynch was sentenced in 2007 to one year in Morris County jail. Lynch died in 2011 in Parsippany, according to his obituary. Schwartz and the unidentified plaintiff say the abuse they suffered as children prevented them from fully enjoying life. They continue to grapple with emotional pain and attend counseling and therapy, according to the lawsuits. Both are seeking unspecified damages. Svetlana Shkolnikova covers local news and Superior Court in Morris County for NorthJersey.com. For unlimited access to the most important news from criminal trials to local lawsuits and insightful analysis, please subscribe or activate your digital account today. Email: [email protected] Twitter: @svetashko 2/22/25, 6:20 Former students file sexual abuse suits against closed Mendham school 2/2"}
8,697	Andrew Quinn	University of North Dakota	[ "8697_101.pdf", "8697_102.pdf", "8697_103.pdf" ]	{"8697_101.pdf": "By Sydney Mook March 04, 2021 at 2:05 \uf064 Share federal lawsuit claims failed to protect a student in the university\u2019s social work program from sexual harassment and abuse and instead \u201cfostered a culture of silence\u201d around reports of sexual misconduct at the university Lawsuit alleges 'fostered a culture of silence' around sexual misconduct reports The Title lawsuit, filed Thursday in North Dakota District Court, details alleged instances of sexual harassment and assault suffered in 2018 by Aereauna Houle, a student at the time. The lawsuit claims former professor Andrew Quinn sexually harassed and abused Houle. 2/22/25, 6:20 Lawsuit alleges 'fostered a culture of silence' around sexual misconduct reports - Grand Forks Herald \| Grand Forks, East Gra\u2026 1/4 The Title lawsuit, filed Thursday in North Dakota District Court, details alleged instances of sexual harassment and assault suffered in 2018 by Aereauna Houle, a student at the time. The lawsuit claims former professor Andrew Quinn sexually harassed and abused Houle. While these allegations were reported to university employees, the lawsuit claims UND\u2019s delayed action was \u201cwholly ineffective to stop Quinn\u2019s abuse\u201d of Houle fostered a culture of silence around the sexual harassment and abuse of its students,\u201d the lawsuit reads. \u201c... This culture stemmed from \u2026 UND\u2019s policy, practice, and/or custom of responding with deliberate indifference to reports of sexual misconduct.\u201d Lawsuit Against UND( UND#from_embed) by Sydney Mook( on Scribd The lawsuit also claims the university failed to adequately train faculty, staff and students about Title IX, adding that as a result routinely failed to offer victimized students protections from ongoing harassment and retaliation declined to comment on the matter, citing the pending litigation. Leo Wilking, who has previously served as an attorney for Quinn, was not immediately available for comment when the Grand Forks Herald reached out Thursday. Houle agreed to be named in the court filings and to be interviewed by the Herald. \u201cTo me, silence is not about comfort,\u201d Houle said. \u201cSpeaking and breaking that silence \u2026 that's about liberation, and a sense of freedom and empowerment that would otherwise be stripped away from me.\u201d 2/22/25, 6:20 Lawsuit alleges 'fostered a culture of silence' around sexual misconduct reports - Grand Forks Herald \| Grand Forks, East Gra\u2026 2/4 The lawsuit seeks compensatory damages of more than $75,000. Tim Purdon, one of Houle\u2019s attorneys and a former U.S. attorney for North Dakota, said his team attempted to privately resolve the matter with the university in the last few weeks, but nothing came of the discussions. Purdon said his team was forced to go public with the allegations after the failed discussions. The 23-page civil complaint alleges that when Houle sought a letter of recommendation for graduate school from Quinn, her UND- assigned academic adviser, he started a \u201ccampaign of quid pro quo sexual harassment against her.\u201d Quinn sent almost daily communications to Houle seeking personal information about her life, according to the lawsuit. However, when she reported the harassment to UND, the suit alleges university officials discouraged her from taking action by claiming nothing would be done. One official recommended that Houle instead report the harassment to the North Dakota Board of Social Work Examiners. Quinn worked at from 2005 until 2019. According to files and documents the Herald obtained from through an open- records request in 2020, Quinn was placed on paid administrative leave on Jan. 17, 2019 letter in Quinn\u2019s file noted that the university was taking action against Quinn because it \u201creceived information that (he) engaged in a relationship with a student that may violate the University\u2019s Sexual and Gender-based misconduct policy and or the university\u2019s consensual relationship policy.\u201d The university later told Quinn he must stay away from the alleged victim and also stay away from campus. But a later letter, sent on Feb. 6, 2019, alleged he had \u201cfailed to follow this directive multiple times.\u201d 2/22/25, 6:20 Lawsuit alleges 'fostered a culture of silence' around sexual misconduct reports - Grand Forks Herald \| Grand Forks, East Gra\u2026 3/4 According to those documents later declared to Quinn its intent to dismiss him. He resigned in May 2019. The lawsuit alleges is liable under Title \u2013 a federal civil rights law prohibiting sex discrimination within education \u2013 \u201cfor perpetuating a sexually hostile environment on campus,\u201d leaving Houle at heightened risk for sexual harassment, and demonstrating deliberate indifference toward Quinn\u2019s misconduct that escalated to sexual assault. According to the complaint, while forced Houle out of her internship to impede her graduation, \u201cit offered Quinn a sweetheart deal to voluntarily resign and thus avoid termination.\u201d The lawsuit also details previous allegations of sexual harassment against an unnamed female student in 2016. Laura Dunn, a nationally known Title attorney for L.L. Dunn Law Firm, in Washington, D.C., encouraged any other victims to reach out to their team. \uf064 Share \uf02c Tags (https:// ndforksh erald.co m/sydne y-mook) By Sydney Mook( mook) Sydney Mook has been the news editor at the Post Bulletin since June 2023. In her role she edits and assigns stories and helps reporters develop their work for readers. Mook was previously with the Grand Forks Herald from May 2018 to June 2023. She served as the Herald's managing editor, as well as the higher education reporter. For story pitches contact her at [email protected] or call her at 507-285-7771. Twitter ( 2/22/25, 6:20 Lawsuit alleges 'fostered a culture of silence' around sexual misconduct reports - Grand Forks Herald \| Grand Forks, East Gra\u2026 4/4", "8697_102.pdf": "Grand Forks Herald Parties in Title lawsuit against 'mutually agree' to resolve claims Sydney Mook, Grand Forks Herald Sat, September 25, 2021 at 12:31 2 min read Sep. 24 federal Title lawsuit filed against earlier this year has been dismissed. The lawsuit, filed in March, claimed had failed to protect a student in the university's social work program from sexual harassment and abuse and instead \"fostered a culture of silence.\" However, a short, two-page \"stipulation of dismissal with prejudice\" was filed on Friday, Sept. 24, according to court records. \"The parties have mutually agreed to resolve these claims,\" Timothy Purdon, attorney for the former student, said in an email to the Herald Friday afternoon, adding he couldn't comment beyond that at this time. In a statement to the Herald regarding the dismissal said: \"The lawsuit was settled by the Risk Management Division of the Office of Management and Budget for a payment of $25,000. The final decision on settlements of this sort is made by Risk Management, and the money is paid by Risk Management. The lawsuit was settled by Risk Management for purely economic reasons, and was intended solely to avoid the costs of defending the claim. The settlement involves no admission of liability by continues to deny what it Top Stories savings 7-planet parade Trump 3rd term control Military budget cuts Brian Search the web 2/22/25, 6:21 Parties in Title lawsuit against 'mutually agree' to resolve claims 1/6 considers to be baseless allegations in the complaint and fully supports the current staff and faculty named in the complaint, and identified publicly, as they engaged in no wrongdoing.\" In March, a Title lawsuit was filed against the university alleging instances of sexual harassment and assault suffered in 2018 by Aereauna Houle, a student at the time. The lawsuit alleged that former Professor Andrew Quinn sexually harassed and abused Houle. It also claimed the university had a delayed action to the allegations and had \"fostered a culture of silence around the sexual harassment and abuse of its students,\" the lawsuit read. In court documents filed in May denied the claims, instead saying Quinn and Houle had a consensual relationship and that the lawsuit contained \"false and intentionally inflammatory allegations.\" \"The indisputable truth is that the 27-year-old plaintiff had a consensual affair with a former professor, which affair she attempted to conceal,\" the court document filed May 4 stated claims Houle did not report the \"sexual relationship to UND\" and when the university became aware of the relationship through independent channels, it claims it \"immediately took appropriate steps to isolate\" Houle from Quinn. The court document claimed Houle \"resisted and bypassed\" these steps \"so the affair could continue.\" The university claimed it took further steps to offer Houle services that would have allowed her to continue her students, \"which services she rebuffed.\" Quinn worked at from 2005 until 2019. According to files and documents the Herald obtained from through an open-records request in 2020, Quinn was placed on paid administrative leave on Jan. 17, 2019 later declared to Quinn its intent to dismiss him. He ultimately resigned in May 2019. About Our Ads 2/22/25, 6:21 Parties in Title lawsuit against 'mutually agree' to resolve claims 2/6 Solve the daily Crossword 38,858 people played the daily Crossword recently. Can you solve it faster than others? Crossword Play on Yahoo Recommended articles 2/22/25, 6:21 Parties in Title lawsuit against 'mutually agree' to resolve claims 3/6 2/22/25, 6:21 Parties in Title lawsuit against 'mutually agree' to resolve claims 4/6 Yahoo Politics 2024 Election World Health Science The 360 2/22/25, 6:21 Parties in Title lawsuit against 'mutually agree' to resolve claims 5/6 \u00a9 2025 Yahoo. All rights reserved. Contact Us Originals Help Share Your Feedback About Us About Our Ads Site Map 2/22/25, 6:21 Parties in Title lawsuit against 'mutually agree' to resolve claims 6/6", "8697_103.pdf": "\ue93e100% (1) \u00b7 10K views \u00b7 23 pages Uploaded by Sydney Mook AI-enhanced description This complaint was filed against the University of North Dakota alleging Title violations. It describes how a former social work professor, Andrew Quinn, sexually harassed and assault\u2026 Full description Lawsuit Against Save 100% 0% Embed Share Print Report Download as pdf or txt of 23 Download now 1 Search document \ue966 Ad Search Download free for 30 days 2/22/25, 6:21 Lawsuit Against \| Politics \| Social Science 1/48 2/22/25, 6:21 Lawsuit Against \| Politics \| Social Science 2/48 2/22/25, 6:21 Lawsuit Against \| Politics \| Social Science 3/48 2/22/25, 6:21 Lawsuit Against \| Politics \| Social Science 4/48 2/22/25, 6:21 Lawsuit Against \| Politics \| Social Science 5/48 2/22/25, 6:21 Lawsuit Against \| Politics \| Social Science 6/48 2/22/25, 6:21 Lawsuit Against \| Politics \| Social Science 7/48 2/22/25, 6:21 Lawsuit Against \| Politics \| Social Science 8/48 2/22/25, 6:21 Lawsuit Against \| Politics \| Social Science 9/48 2/22/25, 6:21 Lawsuit Against \| Politics \| Social Science 10/48 2/22/25, 6:21 Lawsuit Against \| Politics \| Social Science 11/48 2/22/25, 6:21 Lawsuit Against \| Politics \| Social Science 12/48 2/22/25, 6:21 Lawsuit Against \| Politics \| Social Science 13/48 2/22/25, 6:21 Lawsuit Against \| Politics \| Social Science 14/48 2/22/25, 6:21 Lawsuit Against \| Politics \| Social Science 15/48 2/22/25, 6:21 Lawsuit Against \| Politics \| Social Science 16/48 2/22/25, 6:21 Lawsuit Against \| Politics \| Social Science 17/48 2/22/25, 6:21 Lawsuit Against \| Politics \| Social Science 18/48 2/22/25, 6:21 Lawsuit Against \| Politics \| Social Science 19/48 2/22/25, 6:21 Lawsuit Against \| Politics \| Social Science 20/48 2/22/25, 6:21 Lawsuit Against \| Politics \| Social Science 21/48 2/22/25, 6:21 Lawsuit Against \| Politics \| Social Science 22/48 2/22/25, 6:21 Lawsuit Against \| Politics \| Social Science 23/48 2/22/25, 6:21 Lawsuit Against \| Politics \| Social Science 24/48 2/22/25, 6:21 Lawsuit Against \| Politics \| Social Science 25/48 2/22/25, 6:21 Lawsuit Against \| Politics \| Social Science 26/48 2/22/25, 6:21 Lawsuit Against \| Politics \| Social Science 27/48 2/22/25, 6:21 Lawsuit Against \| Politics \| Social Science 28/48 2/22/25, 6:21 Lawsuit Against \| Politics \| Social Science 29/48 2/22/25, 6:21 Lawsuit Against \| Politics \| Social Science 30/48 2/22/25, 6:21 Lawsuit Against \| Politics \| Social Science 31/48 2/22/25, 6:21 Lawsuit Against \| Politics \| Social Science 32/48 2/22/25, 6:21 Lawsuit Against \| Politics \| Social Science 33/48 2/22/25, 6:21 Lawsuit Against \| Politics \| Social Science 34/48 2/22/25, 6:21 Lawsuit Against \| Politics \| Social Science 35/48 2/22/25, 6:21 Lawsuit Against \| Politics \| Social Science 36/48 2/22/25, 6:21 Lawsuit Against \| Politics \| Social Science 37/48 2/22/25, 6:21 Lawsuit Against \| Politics \| Social Science 38/48 2/22/25, 6:21 Lawsuit Against \| Politics \| Social Science 39/48 2/22/25, 6:21 Lawsuit Against \| Politics \| Social Science 40/48 2/22/25, 6:21 Lawsuit Against \| Politics \| Social Science 41/48 2/22/25, 6:21 Lawsuit Against \| Politics \| Social Science 42/48 2/22/25, 6:21 Lawsuit Against \| Politics \| Social Science 43/48 2/22/25, 6:21 Lawsuit Against \| Politics \| Social Science 44/48 2/22/25, 6:21 Lawsuit Against \| Politics \| Social Science 45/48 2/22/25, 6:21 Lawsuit Against \| Politics \| Social Science 46/48 Share this document \ue990 \uea14 \ue992 \ue98d \ue9cf Reward Your Curiosity Everything you want to read. Anytime. Anywhere. Any device. No Commitment. Cancel anytime. Read free for 30 days Documents Politics \ue9af About About Scribd Everand: Ebooks & Audiobooks SlideShare Join our team! Contact us Support Help Accessibility Purchase help AdChoices Legal Terms Privacy Copyright Cookie Preferences Do not sell or share my personal information Social Instagram Twitter Facebook Pinterest Get our free apps Documents Language: English 2/22/25, 6:21 Lawsuit Against \| Politics \| Social Science 47/48 Copyright \u00a9 2025 Scribd Inc. 2/22/25, 6:21 Lawsuit Against \| Politics \| Social Science 48/48"}
8,901	Sing Leung	California State Polytechnic University - Pomona	[]	{}
7,672	Nezar AlSayyad	University of California ‚Äì Berkeley	[ "7672_101.pdf", "7672_102.pdf", "7672_103.pdf", "7672_104.pdf", "7672_105.pdf", "7672_106.pdf", "7672_107.pdf", "7672_108.pdf", "7672_109.pdf" ]	{"7672_101.pdf": "Berkeley Professor Accused of Sexual Harassment Investigation fi\ufb01nds decorated professor in violation of university policy after grad student's allegations By Jodi Hernandez and Stephen Ellison \u2022 Published November 15, 2016 \u2022 Updated on November 15, 2016 at 10:04 pm Berkeley professor has been found in violation of the university\u2019s sexual harassment policy after a graduate student came forward and accused him of making sexual advancements over a four-year period. Jodi Hernandez reports 0:00 / 2:32 Watch News 24/7 2/22/25, 6:25 Berkeley Professor Accused of Sexual Harassment Bay Area 1/4 Berkeley professor has been found in violation of the university's sexual harassment policy after a graduate student came forward and accused him of making sexual advancements over a four-year period. The student, Ph.D. candidate Eva Hagberg Fisher, 34, said Architecture Professor Nezar AlSayyad touched her inappropriately, made himself out to be a protector and repeatedly asked her out. One troubling incident stood out to Hagberg Fisher. \"He hugged me in the hallway and said hope you feel as good as you look,' which was five minutes before the most important exam of my professional career,\" she recalled. \"It was distressing and troubling. \"In the summer of 2013 began the physical escalation,\" Hagberg Fisher continued, \"asking me to come out with him for dinner, asking if he could take me for drinks, telling me he loved me.\" Last week, an independent investigator concluded AlSayyad, 61, violated the university's sexual harrassment policy. On Tuesday, students protested outside the School of Architecture, calling on Berkeley officials to take swift action. Campus officials have barred AlSayyad from teaching next semester, according to a report in the San Francisco Chronicle. The newspaper also reported there were two other complaints of sexual misconduct against the professor in the 1990s. Local Minority Leader Hakeem Jeffries calls for unity amid protests during lecture in Oakland Police Union tells embattled San Mateo County Sheriff to not attend women's event \"We feel strongly this is not a safe place right now, with him continuing to be in the classroom,\" student protester Justine Marcus said. \"He should be removed immediately.\" 5 5 Watch News 24/7 2/22/25, 6:25 Berkeley Professor Accused of Sexual Harassment Bay Area 2/4 Dozens of students have signed and sent a petition to leaders demanding the professor's dismissal. Several students have refused to attend his classes, requesting alternative ways to finish the semester's work, according to SFGate. But AlSayyad's attorney, Dan Siegel, has urged students not to jump to conclusions until a hearing takes place. He said the professor has done nothing wrong and Hagberg Fisher never indicated AlSayyad's conduct or behavior was in any way uncomfortable or unpleasant. But Hagberg Fisher said she was humiliated, and she felt strongly that any victim of sexual harassment should not have to endure what she went through don't want any student in any university to feel she can't come forward,\" she said don't want any student to feel if this happens to her she has to stay silent. That's why I'm coming forward with my name, with my face, with my body Play Now Play War Thunder now for free Access all channels anywhere, anytime Play Now Join new Free to Play War Thunder All Channels for Only $49 (Buy Now Learn More Why You Should Get An Unsold Camper Van Watch News 24/7 2/22/25, 6:25 Berkeley Professor Accused of Sexual Harassment Bay Area 3/4 Weather Forecast 43\u00b0 Clear 0% Precip 47 69 Public Inspection File Accessibility Employment Information Send Feedback Applications Terms of Service Privacy Policy Cookie Notice Advertise with us Notice Ad Choices Copyright \u00a9 2025 NBCUniversal Media, LLC. All rights reserved Watch News 24/7 2/22/25, 6:25 Berkeley Professor Accused of Sexual Harassment Bay Area 4/4", "7672_102.pdf": "\| By Nanette Asimov, Cynthia Dizikes Updated Dec 19, 2017 7:37 p.m Berkeley settles sex harassment claim against professor for $80,000 Berkeley paid Ph.D. student Eva Hagberg Fisher and her lawyers $80,000 to settle her claim against a professor. Newsletters Sign in 2/22/25, 6:25 Berkeley settles sex harassment claim against professor for $80,000 1/11 Berkeley doctoral student whose academic career changed dramatically after an architecture professor placed his hand on her upper thigh and proposed they become \u201cclose friends\u201d has agreed not to sue the University of California in exchange for an $80,000 settlement, The Chronicle has learned. The university admits no wrongdoing under the settlement agreement, which was finalized last Wednesday and includes attorney\u2019s fees Article continues below this ad Scott Strazzante / Scott Strazzante / The Chronicle 2016 Watch More 2/22/25, 6:25 Berkeley settles sex harassment claim against professor for $80,000 2/11 Nezar AlSayyad, a tenured architecture professor and an internationally recognized Middle East scholar, remains employed at Berkeley more than a year after an independent investigator determined that he sexually harassed his former student, Eva Hagberg Fisher, from 2012 to 2014. The university has given AlSayyad no classes to teach since fall 2016, but he continues to receive $211,000 a year. He has taught at Berkeley since 1985. Student protests erupted against AlSayyad and the campus administration in November 2016, after The Chronicle first reported the investigator\u2019s findings. Dozens of graduate students also signed a petition demanding that the administration revoke AlSayyad\u2019s tenure if a separate investigation by the Faculty Senate determined that the professor violated the Faculty Code of Conduct. That highly confidential process is under way, The Chronicle has learned. In the 149- year history of the university, just eight professors have lost tenure. 2/22/25, 6:25 Berkeley settles sex harassment claim against professor for $80,000 3/11 AlSayyad, 62, has denied all allegations of misconduct. Meanwhile, despite the campus finding against the professor, Hagberg Fisher, 35, said her access to the architecture library is still restricted because she worries about running into AlSayyad feel dumbfounded feel angry,\u201d she said, \u201cIt\u2019s inexplicable that am restricted in any way from going wherever want. That he has much more access to the building than Eva Hagberg Fisher, a PhD student at Berkeley, accused her professor of sexually harassing her in a case settled for $80,000. Scott Strazzante / Scott Strazzante / The Chronicle 2016 2/22/25, 6:25 Berkeley settles sex harassment claim against professor for $80,000 4/11 do \u2014 and I\u2019m trying to finish my dissertation Article continues below this ad Hagberg Fisher filed her sexual-harassment complaint on March 31, 2016 year and a half later, she said still can\u2019t get my education Berkeley spokeswoman confirmed that Hagberg Fisher\u2019s potential civil claims have been resolved. As part of the settlement, the university is required to issue a statement, which reads in part: \u201cThe University acknowledges and appreciates the efforts of Ms. Fisher, and other brave complainants in the community, who have come forward with complaints of sexual harassment, and brought this issue to light.\u201d Spokeswoman Janet Gilmore said that policy bars her from releasing additional information at this time Article continues below this ad 2/22/25, 6:25 Berkeley settles sex harassment claim against professor for $80,000 5/11 Hagberg Fisher said she had been prepared to sue the university over delays she said she\u2019s had to endure since making her report \u2014 including the time it took to get answers to questions and the four months she said it took to get a no-contact directive sorted out. Under the settlement, which stipulates that the university \u201cpromptly responded\u201d to Hagberg Fisher\u2019s allegations, she won\u2019t sue. In exchange, the regents will pay her $55,000, and give $25,000 to her attorney has recently paid far larger amounts to settle lawsuits by sexual-harassment claimants. In April, the regents agreed to pay $1.7 million over 10 years to settle the lawsuit of a Berkeley employee who claimed that her boss, Sujit Choudhry, then dean of the law school, hugged, kissed and touched her repeatedly during 2014 and 2015, and that the campus did nothing to stop it Article continues below this ad 2/22/25, 6:25 Berkeley settles sex harassment claim against professor for $80,000 6/11 That payout exceeded what had been a record settlement for sexual harassment, the $1.15 million won in January by a Santa Cruz student to settle her claim that a professor raped her when she was his student in 2015. The Chronicle hasn\u2019t named the professor because he hasn\u2019t been criminally charged. In the case of AlSayyad, the investigator\u2019s 52-page report, obtained by The Chronicle, concluded that the professor\u2019s behavior toward Hagberg Fisher became increasingly personal, with frequent social invitations and hugs, as he sought to make her beholden to him. The conduct \u201ccan be seen as an attempt to \u2018groom\u2019 (the student) for the possibility of becoming a romantic or sexual partner,\u201d wrote lawyer Eve Fichtner, the investigator Woes regent who asked to hold actress\u2019 breasts is considering resigning fired head of sexual harassment prevention office students demand ouster of regent accused of sex harassment Hagberg Fisher said last year that she nearly quit school \u201cand had years of self- doubt\u201d while AlSayyad held sway over her. \u201cAnd when trace it back, it all goes back 2/22/25, 6:25 Berkeley settles sex harassment claim against professor for $80,000 7/11 to him,\u201d she said Article continues below this ad The investigator found that AlSayyad sexually harassed Hagberg Fisher at a crucial time, while he served on an exam committee that would determine whether she was qualified to write the dissertation needed for her degree. The professor invited Hagberg Fisher to dinner and drinks repeatedly and expressed his love for her, despite his \u201cposition of trust, authority and power,\u201d according to the report. He also hugged her and commented on her appearance, the report said, including on the morning of her doctoral exams. Hagberg Fisher remained in school, but she withdrew from the architecture department and created an independent doctoral program. Although Hagberg Fisher said the process of speaking up and reporting AlSayyad has been frustrating and, at times, discouraging, she is glad that she did definitely know did the right thing,\u201d she said Article continues below this ad 2/22/25, 6:25 Berkeley settles sex harassment claim against professor for $80,000 8/11 Dec 19, 2017 \| Updated Dec 19, 2017 7:37 p.m. Nanette Asimov Nanette covers California's public universities - the University of California and California State University - as well as community colleges and private universities. She's written about sexual misconduct at and Stanford, the precarious state of accreditation at City College of San Francisco, and what happens when the Berkeley student government discovers a gay rights opponent in its midst. She has exposed a private art college where students rack up massive levels of debt (one student's topped $400k), and covered audits peering into finances, education lawsuits and countless student protests. But writing about higher education also means getting a look at the brainy creations of students and faculty: Robotic suits that help paralyzed people walk. Online collections of folk songs going back hundreds of years. And innovations touching on everything from virtual reality to baseball. Nanette is also covering the COVID-19 pandemic and served as health editor during the first six months of the crisis, which quickly ended her brief tenure as interim investigations editor. Previously, Nanette covered K-12 education. Her stories led to changes in charter school laws, prompted a ban on Scientology in California public schools, and exposed cheating and censorship in testing past president of the Society of Professional Journalists' Northern California chapter, Nanette Asimov and Cynthia Dizikes are San Francisco Chronicle staff writers. Email: [email protected], [email protected] Twitter: @NanetteAsimov, @CDizikes 2/22/25, 6:25 Berkeley settles sex harassment claim against professor for $80,000 9/11 Nanette has a master's degree in journalism from Columbia University and a B.A. in sociology from Queens College. She speaks English and Spanish. Cynthia Dizikes Cynthia Dizikes is an investigative reporter for the San Francisco Chronicle. Before joining the Chronicle in 2016, Dizikes worked in Chicago where she focused on government agencies and the courts. In addition to investigations, Dizikes has a background in general assignment and political reporting. She previously covered the Minnesota congressional delegation in Washington D.C. Around The Web Powered by Find Useful Knowledge By Ethereal Search Engine Nine Kinds of Ancestors You Could Find on Your Family Tree By Got Plant Milk? Add These 16 Plant Milks to Your Mug for Health, Flavor, and Fro By Is My Space a Good Fit for Airbnb? By Five Reasons Your Car Insurance Rate Changes By The New Normal of Selling a Home Today By 2/22/25, 6:25 Berkeley settles sex harassment claim against professor for $80,000 10/11 Stop Paying Too Much for Your Prescriptions - Compare Prices, Find Free Coupons, By The Best Places to Buy College Apparel Make Showing College Pride Too Easy By Get Dog Food Designed for Your Dog's Health & Happiness By Let's Play Typeshift Really Bad Chess Flipart Cross\|word About Contact Services Quick Links \u00a9 2025 Hearst Communications, Inc. Terms of Use Privacy Notice Notice at Collection Your Privacy Rights (Shine the Light Industry Opt Out Your Privacy Choices (Opt Out of Sale/Targeted Ads) Top 2/22/25, 6:25 Berkeley settles sex harassment claim against professor for $80,000 11/11", "7672_103.pdf": "U.S. Berkeley Professor Harassment Published Sep 18, 2018 at 4:35 Berkeley Professor Suspended for Alleged Sexual Harassment, Abuse of Power Will Sue University $1 Login 2/22/25, 6:25 Berkeley Professor Suspended for Alleged Sexual Harassment, Abuse of Power Will Sue University - Newsweek 1/14 0 University of California, Berkeley professor who was suspended for alleged sexual harassment and abuse of power has resigned and said he will sue the university, the San Francisco Chronicle reported. Architecture professor Nezar AlSayyad was suspended in August for three years without pay after a faculty senate hearing found he had sexually harassed a graduate student, and the chancellor determined he had used his powers for personal benefit, according to the Chronicle. His suspension also prevented him from entering nonpublic campus areas or having a role in faculty governance. Chancellor Carol Christ also was allowed by the University of California President to delay granting the architecture professor's emeritus status for three years if he retired. AlSayyad, 62, said through an attorney he will sue to challenge his three-year campus ban and request his emeritus privileges, which allow retired scholars to keep an office on campus and continue advising students, be restored after one year. \"He believes that if he leaves for three years, it will be very difficult for him to reintegrate into the university,\" AlSayyad's attorney Dan Siegel said view of Sather Tower on the Berkeley campus on May 22, 2014. Justin Sullivan/Getty Images By Daniel Moritz-Rabson Breaking News Reporter Newsweek Is Trust Project Member News Article $1 2/22/25, 6:25 Berkeley Professor Suspended for Alleged Sexual Harassment, Abuse of Power Will Sue University - Newsweek 2/14 His punishment followed an investigation beginning in March 2016 that found he \"had spent months ingratiating himself with Hagberg Fisher before placing his hand on her upper thigh, proposing they become 'close friends' and suggesting they go to Las Vegas,\" according to the Chronicle. The paper said the investigation detailed how \"he sought to position himself as Hagberg Fisher's protector and make her beholden to him while he served on her all- important exam committee that would determine if she was qualified to write a doctoral dissertation.\" The five-month investigation found AlSayyad intimidated and isolated his student. The Chronicle found that others had also complained about AlSayyad's behavior for decades. The faculty senate hearing recommended he be suspended only for a year. While the university banned him from teaching in 2016, AlSayyad had initially continued to receive his $211,000 salary view of Sather Tower on the Berkeley campus on May 22, 2014 Berkeley professor said he was resigning and would sue the university $1 2/22/25, 6:25 Berkeley Professor Suspended for Alleged Sexual Harassment, Abuse of Power Will Sue University - Newsweek 3/14 The architecture professor, who is internationally recognized and had taught at Berkeley since 1985, has denied the allegations levied against him. \"Roughly 40 of (AlSayyad's) female mentees, in person or in writing, spoke powerfully about him as a mentor and never saw him engage in anything remotely smacking of misconduct or sexual harassment,\" Siegel said. Fisher, the student who brought the claim against AlSayyad, said it was \"unconscionable\" the university took two years after its investigation to punish its professor. She negotiated an $80,000 settlement with the university last year in exchange for not suing Berkeley has failed to fulfill legal requirements to enforce sexual harassment and violence procedures over a period of years, according to a federal investigation that concluded earlier this year. The U.S. Department of Education's Office for Civil Rights looked into over 200 cases of sexual harassment. Investigators found that university authorities had failed to adequately inform students of their rights, and students said that the university was biased when investigating claims Berkeley agreed to a two-year monitoring period and said it will change its procedures for dealing with allegations. Last year, the university regents agreed to pay $1.7 million to settle a sexual harassment lawsuit after a Berkeley employee said her boss, Sujit Choudhry, hugged, kissed and touched her between 2014 and 2015. Choudhry was the dean of the law school when the abuse allegedly took place, SFGate reported. Request Reprint & Licensing Submit Correction View Editorial Guidelines These Twins' Captivating Beauty Strikes Us With Awe Herbeauty Drastic Transformations: Camila Cabello And Other \u0421elebs Herbeauty $1 2/22/25, 6:25 Berkeley Professor Suspended for Alleged Sexual Harassment, Abuse of Power Will Sue University - Newsweek 4/14 Cinematic Breakups That Hit Harder Than Real Life Herbeauty What\u2019s Jennifer Aniston Got To Do With The Latest Obama Drama? Herbeauty Moments That Made Us Lose Faith in Our Favorite Characters Herbeauty Princess By Day, Dishwasher And Pilot By Night? Herbeauty The Josh Hammer Show Holocaust Remembrance 80 Years After (Feat. Dani Dayan) The Josh Hammer Show The Judicial Insurrection and the America First Imperative (Feat. Rep. Brandon Gill) Newsweek Radio Embracing Trump Derangement Syndrome, Expect Social Security Payment Delays Top Stories $1 2/22/25, 6:25 Berkeley Professor Suspended for Alleged Sexual Harassment, Abuse of Power Will Sue University - Newsweek 5/14 'Trump Before Trump': How Hungary Foreshadows America's Right-Wing Embrace $1 2/22/25, 6:25 Berkeley Professor Suspended for Alleged Sexual Harassment, Abuse of Power Will Sue University - Newsweek 6/14 Donald Trump Blasted After Ousting Joint Chiefs Chairman 'CQ' Brown $1 2/22/25, 6:25 Berkeley Professor Suspended for Alleged Sexual Harassment, Abuse of Power Will Sue University - Newsweek 7/14 Trump's Birthright Executive Order\u2014Experts Call It Direct Violation of 14th Amendment $1 2/22/25, 6:25 Berkeley Professor Suspended for Alleged Sexual Harassment, Abuse of Power Will Sue University - Newsweek 8/14 Daniel Moritz-Rabson Daniel Moritz-Rabson is a breaking news reporter for Newsweek based in New York. 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By signing up you are agreeing to our Terms of Service and Privacy Policy In The Magazine March 07 2025 Issue Company About Us Masthead Diversity Announcements Archive Policies and Standards Mission Statement Leadership Newsletters Press Center Editions: U.S. Edition \u65e5\u672c Polska Rom\u00e2nia Contact Advertise Careers Contact Us Corrections Terms of Use Cookie Policy Copyright Privacy Policy Terms & Conditions Terms of Sale Privacy Settings By Casey Babb Use Degraded by a Grade \| Opinion By Tom Rogers $1 2/22/25, 6:25 Berkeley Professor Suspended for Alleged Sexual Harassment, Abuse of Power Will Sue University - Newsweek 13/14 \u00a9 2025 $1 2/22/25, 6:25 Berkeley Professor Suspended for Alleged Sexual Harassment, Abuse of Power Will Sue University - Newsweek 14/14", "7672_104.pdf": "By By \| \| [email protected] [email protected] \| Bay Area News Group \| Bay Area News Group UPDATED: UPDATED: July 6, 2023 at 11:06 July 6, 2023 at 11:06 state appeals court has upheld the suspension of a disgraced Berkeley architecture state appeals court has upheld the suspension of a disgraced Berkeley architecture professor who lost his job after claims of sexual harassment from a former graduate student professor who lost his job after claims of sexual harassment from a former graduate student came to light. came to light. Nezar AlSayyad \u2014 an internationally recognized scholar who started teaching within the Nezar AlSayyad \u2014 an internationally recognized scholar who started teaching within the university\u2019s Architecture and City and Regional Planning departments in 1985 \u2014 opted to retire university\u2019s Architecture and City and Regional Planning departments in 1985 \u2014 opted to retire in 2018 instead of serving a three-year suspension without pay for violating the university\u2019s in 2018 instead of serving a three-year suspension without pay for violating the university\u2019s code of conduct. code of conduct. However, AlSayyad, who was born in Cairo, Egypt, However, AlSayyad, who was born in Cairo, Egypt, promptly sued the Regents promptly sued the Regents over the over the sanctions, seeking damages from what he felt was a \u201cweak case\u201d against him that was based on sanctions, seeking damages from what he felt was a \u201cweak case\u201d against him that was based on discrimination of his national origin. discrimination of his national origin. Following a five-month investigation into the allegations Chancellor Carol Christ handed Following a five-month investigation into the allegations Chancellor Carol Christ handed down the discipline in August of 2018. She overturned a one-year suspension that had down the discipline in August of 2018. She overturned a one-year suspension that had previously been recommended by a committee that oversaw tenured and privileged previously been recommended by a committee that oversaw tenured and privileged professors, which rejected many accusations but ruled that AlSayyad made a \u201cmomentary professors, which rejected many accusations but ruled that AlSayyad made a \u201cmomentary overstep.\u201d overstep Appeals court upholds suspension of Appeals court upholds suspension of Berkeley professor for sexual Berkeley professor for sexual harassment harassment Nezar AlSayyad unsuccessfully challenged that his Nezar AlSayyad unsuccessfully challenged that his suspension was discriminatory based on his Egyptian suspension was discriminatory based on his Egyptian nationality nationality \u2022 \u2022 News News 2/22/25, 6:25 Berkeley: Professor's suspension in sex harassment case upheld 1/6 AlSayyad claimed that the Regents \u201cfailed to establish a legitimate, nondiscriminatory reason\u201d AlSayyad claimed that the Regents \u201cfailed to establish a legitimate, nondiscriminatory reason\u201d why Christ could overrule the previous committee recommendation, according to court why Christ could overrule the previous committee recommendation, according to court documents. He also argued that in the years prior to his own suspension, the university documents. He also argued that in the years prior to his own suspension, the university \u201cimposed penalties less harsh\u201d on other, non-Egyptian faculty members facing similar \u201cimposed penalties less harsh\u201d on other, non-Egyptian faculty members facing similar complaints of sexual harassment. complaints of sexual harassment. At the time, his attorney, Dan Siegel said that AlSayyad\u2019s reputation had wrongly been \u201cleft in At the time, his attorney, Dan Siegel said that AlSayyad\u2019s reputation had wrongly been \u201cleft in tatters\u201d over the matter. tatters\u201d over the matter. The First District Court of Appeals disagreed. The First District Court of Appeals disagreed. According to a According to a June 7 filing June 7 filing, investigators found a \u201cpreponderance of evidence\u201d supporting , investigators found a \u201cpreponderance of evidence\u201d supporting accusations that AlSayyad in 2016 sexually harassed Eva Hagberg Fisher, his subordinate in the accusations that AlSayyad in 2016 sexually harassed Eva Hagberg Fisher, his subordinate in the department, and engaged in divisive, manipulative and harassing behavior. The complaints department, and engaged in divisive, manipulative and harassing behavior. The complaints ranged from repeated requests for dinner dates, physically intimate touches and a proposal for ranged from repeated requests for dinner dates, physically intimate touches and a proposal for an paid trip to Las Vegas. an paid trip to Las Vegas. Additionally, before the student took her qualifying exam for her Ph.D., AlSayyad allegedly told Additionally, before the student took her qualifying exam for her Ph.D., AlSayyad allegedly told her that he \u201choped she felt as good as she looked\u201d and later offered her a job as a research her that he \u201choped she felt as good as she looked\u201d and later offered her a job as a research assistant. assistant. AlSayyad referred questions to his lawyer; Siegel said both he and his client were disappointed AlSayyad referred questions to his lawyer; Siegel said both he and his client were disappointed by the ruling. by the ruling. He said employment discrimination cases that challenge disciplinary action are inherently He said employment discrimination cases that challenge disciplinary action are inherently difficult, because that places a burden on the plaintiff to show that they were treated differently difficult, because that places a burden on the plaintiff to show that they were treated differently than others in similar situations. However, when involving these types of allegations, he argued than others in similar situations. However, when involving these types of allegations, he argued that there are rarely people who are in exactly identical situations that can be compared. that there are rarely people who are in exactly identical situations that can be compared. \u201cThat creates a gray area for the court, and think this court really took advantage of that to \u201cThat creates a gray area for the court, and think this court really took advantage of that to accept the university\u2019s idea that the comparators were different,\u201d Siegel said in an interview accept the university\u2019s idea that the comparators were different,\u201d Siegel said in an interview had hoped that the Court of Appeal would take the issues on more straightforwardly, but it had hoped that the Court of Appeal would take the issues on more straightforwardly, but it seems that they did not want to put themselves in a position where they were disagreeing with seems that they did not want to put themselves in a position where they were disagreeing with the conclusions reached by the Chancellor at Berkeley.\u201d the conclusions reached by the Chancellor at Berkeley.\u201d Read More Read More 00:00 00:00 02:00 02:00 2/22/25, 6:25 Berkeley: Professor's suspension in sex harassment case upheld 2/6 \ue905 \ue905 While the appeals court ruling is legally the end of the line for AlSayyad, Siegel added that the While the appeals court ruling is legally the end of the line for AlSayyad, Siegel added that the retired professor continues to maintain that his actions with the former graduate student were retired professor continues to maintain that his actions with the former graduate student were part of an \u201cappropriate professional and personal relationship\u201d \u2014 meaning there was no part of an \u201cappropriate professional and personal relationship\u201d \u2014 meaning there was no reason for him to express remorse. reason for him to express remorse. Originally Published: Originally Published: July 2, 2023 at 6:15 July 2, 2023 at 6:15 According to the June ruling, Christ testified that her decision to pursue the longer suspension According to the June ruling, Christ testified that her decision to pursue the longer suspension was based on AlSayyad\u2019s \u201ccontinuing failure to accept responsibility for the impact of [his] was based on AlSayyad\u2019s \u201ccontinuing failure to accept responsibility for the impact of [his] behavior,\u201d which she and other administrators called \u201cegregious.\u201d behavior,\u201d which she and other administrators called \u201cegregious.\u201d Additionally, Vice Provost Hermalin testified that AlSayyad\u2019s behavior included \u201cgrooming the Additionally, Vice Provost Hermalin testified that AlSayyad\u2019s behavior included \u201cgrooming the student, isolating the student, providing the student with false information that harmed her student, isolating the student, providing the student with false information that harmed her career, involving the student in departmental politics and sexually harassing the student, career, involving the student in departmental politics and sexually harassing the student, including touching her.\u201d including touching her.\u201d The court agreed with these arguments, and also ruled that the other professors AlSayyad The court agreed with these arguments, and also ruled that the other professors AlSayyad claimed were given less harsh consequences had each expressed remorse \u2014 either negotiating claimed were given less harsh consequences had each expressed remorse \u2014 either negotiating settlements or accepting a suspension. settlements or accepting a suspension. AlSayyad also challenged the due process of the decision in 2018, but that petition was denied AlSayyad also challenged the due process of the decision in 2018, but that petition was denied by a trial court in May 2019. by a trial court in May 2019. By retiring, he was able to collect his pension and health benefits from Berkeley, where he By retiring, he was able to collect his pension and health benefits from Berkeley, where he earned $211,000 a year. However, that choice meant that his emeritus status was curtailed for earned $211,000 a year. However, that choice meant that his emeritus status was curtailed for three years. three years. AlSayyad\u2019s profile is currently active on the university\u2019s website, and a Berkeley AlSayyad\u2019s profile is currently active on the university\u2019s website, and a Berkeley spokesperson said his emeritus status was reactivated by Aug. 2021. Additionally, while spokesperson said his emeritus status was reactivated by Aug. 2021. Additionally, while AlSayyad was barred from campus in 2018 through June 2021, that restriction has since been AlSayyad was barred from campus in 2018 through June 2021, that restriction has since been resolved. resolved. Around the Web Around the Web Find Useful Knowledge Find Useful Knowledge Ethereal Search Engine Ethereal Search Engine 2/22/25, 6:25 Berkeley: Professor's suspension in sex harassment case upheld 3/6 How Long Should Keep My Car? How Long Should Keep My Car? Got Plant Milk? Add These 16 Plant Got Plant Milk? Add These 16 Plant Milks to Your Mug for Health, Flavor, Milks to Your Mug for Health, Flavor, and Fro and Fro Get Dog Food Designed for Your Get Dog Food Designed for Your Dog's Health & Happiness Dog's Health & Happiness Take on a Challenge: Make Pasta Al Take on a Challenge: Make Pasta Al Limone at Home Limone at Home 2/22/25, 6:25 Berkeley: Professor's suspension in sex harassment case upheld 4/6 Is My Space a Good Fit for Airbnb? 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Five Reasons Your Car Insurance Five Reasons Your Car Insurance Rate Changes Rate Changes Nine Kinds of Ancestors You Could Nine Kinds of Ancestors You Could Find on Your Family Tree Find on Your Family Tree 2/22/25, 6:25 Berkeley: Professor's suspension in sex harassment case upheld 5/6 2023 2023 \ue907 \ue907July July \ue907 \ue90722 Why Google Workspace for Business Why Google Workspace for Business is Worth the Upgrade is Worth the Upgrade The New Normal of Selling a Home The New Normal of Selling a Home Today Today Ring Devices Help Make Peace of Ring Devices Help Make Peace of Mind More Accessible to All Mind More Accessible to All 2/22/25, 6:25 Berkeley: Professor's suspension in sex harassment case upheld 6/6", "7672_105.pdf": "Berkeley suspends professor for sexual harassment, citing \u2018voluminous evidence\u2019 Tenured professor Nezar AlSayyad has been the focus of a two-year-long investigation, stemming from a complaint filed by former College of Environmental Design graduate student Eva Hagberg Fisher By Kelsey Keith Aug 21, 2018, 11:30am 2/22/25, 6:25 Berkeley suspends Nezar AlSayyad for sexual harassment - Curbed 1/4 Getty Images Nezar AlSayyed, tenured professor at Berkeley\u2019s College of Environmental Design, who has been suspended for three years from his post following a sexual harassment investigation. This week in a front-page news story in the San Francisco Chronicle, we learn the outcome of one of architecture academia\u2019s most high-profile #MeToo moments: Nezar AlSayyad\u2014the tenured Berkeley architecture professor investigated for sexual harassment in a case that began back in 2016\u2014has been suspended for three years without pay. The Chronicle reports that the ruling was handed down after the committee found what Vice Provost Benjamin Hermalin described in an email as \u201ca pattern of sexual harassment that created a hostile environment\u201d\u2014consistent with reports made by Eva Hagberg Fisher, a Berkeley graduate student and doctoral candidate: AlSayyad, who was one of Hagberg Fisher\u2019s advisers, also attempted to isolate her from other faculty members and establish himself as her most important supporter, \u201cthereby using his power for personal gain,\u201d Hermalin wrote, noting that campus Chancellor Carol Christ reviewed \u201cvoluminous evidence\u201d and concluded the violations were serious. As Curbed wrote back in March, the university had already recognized numerous incidents of inappropriate behavior between 2012 to 2014 that echo Hagberg Fisher\u2019s claims\u2014and a settlement reached between Berkeley and Hagberg Fisher in December 2017 led to the school paying her a settlement of $80,000. However, AlSayyad\u2019s active employment status has remained uncertain as the internal investigation conducted through the Committee on Privilege and Tenure chugged along. While he hasn\u2019t been teaching or advising for at least three semesters, AlSayyad has continued to draw an annual salary of $211,000 a year. \| Photo: Bonnie Azab Powell Berkeley 2/22/25, 6:25 Berkeley suspends Nezar AlSayyad for sexual harassment - Curbed 2/4 Faculty senate hearings are confidential, though it\u2019s reported that the group spent four months deliberating before making a recommendation to Chancellor Christ that AlSayyad receive a one-year suspension, which she apparently \u201ctripled after determining that the tenured professor also abused his faculty powers.\u201d AlSayyad\u2019s attorney Dan Siegel, a prominent Bay Area civil rights attorney who has previously denied all claims to Curbed, told the Chronicle that \u201c\u2018We\u2019re very actively considering a legal challenge to the (discipline) decision\u2019... adding that AlSayyad believes the chancellor was wrong to reject the faculty senate\u2019s recommendation of a one-year suspension At Berkeley architecture school, sexual harassment investigation drags on As per official statement from campus spokesperson Janet Gilmore, AlSayyad\u2019s suspension entails the following: While suspended, AlSayyad may not engage in teaching, nor supervise new graduate students. He is barred from serving as principal investigator on any grants administered through the university, and barred from departmental or other service roles on campus, including the administration of campus research centers. He will have no access to university property except as generally available to the public. The Chancellor\u2019s office also points out that \u201cOver the past several years, the university has intensified and reformed its response to sexual misconduct; improved educational efforts aimed at faculty, staff and students; expanded its investigative capacity; and enhanced support and services offered to survivors.\u201d One such strategy was to appoint linguistics professor Sharon Inkelas as special faculty adviser to the chancellor on sexual violence/sexual harassment for a three-year term. When reached for comment, Inkelas referred Curbed back to Gilmore, who declined to comment on the AlSayyad investigation specifically. Gilmore writes, \u201cWe understand the frustration with the time it takes to adjudicate faculty cases. Changes have been made in recent years at the system and campus levels, including timelines placed on some 2/22/25, 6:25 Berkeley suspends Nezar AlSayyad for sexual harassment - Curbed 3/4 aspects of the process, and the elimination of a faculty-led investigation. Those changes were not in place when this case entered the system. Still, we understand the ongoing concern and and campus leaders continue to explore ways to address this issue, which has been raised by federal and state agencies.\u201d As of last week, AlSayyad\u2019s faculty profile on the College of Environmental Design website says that he will \u201cbe away until 2021.\u201d Anyone with information about alleged misconduct in the architecture, design, and development industries can contact Curbed\u2019s editor-in-chief, Kelsey Keith, at [email protected]. We are accustomed to discussing sensitive information and stories over the phone, so feel free to send an email asking for a phone call. You can also send tips using the app Signal, which encrypts text messages and voice calls. Tip Curbed via Signal here: 267-714-4132. 2/22/25, 6:25 Berkeley suspends Nezar AlSayyad for sexual harassment - Curbed 4/4", "7672_106.pdf": "Pattern of Abuse Berkeley suspends architecture professor for sexual harassment By Jack Balderrama Morley \u2022 August 20, 2018 \u2022 Education, West Berkeley has suspended Professor Nezar AlSayyad for three years after a student brought forward sexual assault claims. (Courtesy Berkeley suspends architecture professor for sexual harassment ect - Mixed Use 1-5 Years Designer Licensed Healthcare Architect West Coast Regional Sales Manager COAST, Marketing Proposal Coordinator Senior Project 2/22/25, 6:25 Berkeley suspends architecture professor for sexual harassment 1/5 Trending Now Popular Posts duplex by Ultramoderne offers contemporary take on \u201ccheapskate architecture\u201d 1 to lay off over 4,000 workers, affecting housing and disaster relief 2 Yazdani Studio of CannonDesign designs Resnick Sustainability Center 3 Trump orders to sell its properties 4 At Stanford University, Olson Kundig and take cues from the campus\u2019s midcentury modernism 5 Louis Vuitton dresses New York flagship like luxury luggage trunks 6 Elizabeth Street Garden files another lawsuit over housing planned for site 7 Trump orders to sell its properties 1 Louis Vuitton dresses New York flagship like luxury luggage trunks 2 Gensler-designed Bathhouse in Chicago approved for construction 3 Why does The Brutalist ruffle the feathers of many architectural viewers? 4 to lay off over 4,000 workers, affecting housing and disaster relief 5 Netanyahu unveils regional plan for \u201cfree trade zone\u201d with trains to 6 U.S. Pavilion organizers announce Venice Architecture Biennale finalists 7 Berkeley suspends architecture professor for sexual harassment 2/22/25, 6:25 Berkeley suspends architecture professor for sexual harassment 2/5 Related Posts \u201cOur Homeland House Berkeley suspends architecture professor for sexual harassment 2/22/25, 6:25 Berkeley suspends architecture professor for sexual harassment 3/5 Ayers Saint Gross, Kevin Daly Architects, and complete Berkeley\u2019s xu\u010dyun ruwway Graduate Student Apartments January 23, 2025 Spheres, Slides, and Good Byes Here are the top news stories covered in 2023 December 19, 2023 Berkeley Brut In Berkeley, one of Louis Kahn\u2019s last designs, the Flora Lamson Hewlett Building, has been renovated by Russell Architects November 16, 2023 Berkeley suspends architecture professor for sexual harassment 2/22/25, 6:25 Berkeley suspends architecture professor for sexual harassment 4/5 Subscribe Information About Contact Advertise Stockists Contributors Privacy Policy Shop Awards Jobs Strong Digital Issues Industry Calendar Products Library Conferences Facades+ Tech+ Trading Notes Outdoor Spaces Reuse + Renewal Subjects Architecture Buzz Urbanism Interiors Reviews Design Art Regions National East Southeast Midwest Southwest West International Berkeley suspends architecture professor for sexual harassment 2/22/25, 6:25 Berkeley suspends architecture professor for sexual harassment 5/5", "7672_107.pdf": "Berkeley professor suspended for three years without pay over sexual harassment allegation Monday, August 20, 2018 BERKELEY, Calif Berkeley professor has been suspended for three years without pay for sexually harassing a graduate student, according to the university Berkeley professor has been suspended for three years without pay for sexually harassing a graduate student, according to the university. 24/7 Live 48\u00b0 2/22/25, 6:26 Berkeley Architecture Professor Nezar Al-Sayyad suspended for three years over sexual harassment allegation - ABC7 San Fra\u2026 1/5 Cal officials say architecture professor Nezar Al-Sayyad engaged in a \"pattern of sexual harassment that created a hostile environment.\" Allies in action: Local help with complicated issues ABC7 News asked Berkeley Chancellor Carol Christ about the case. She would not address it specifically, saying doing so would violate confidentiality of the procedures, but she talked about the university's position regarding harassment. \"The campus has no tolerance for sexual harassment and was aspire to be a harassment free environment think we're seeing real progress there,\" Christ said. RELATED: Female employee attacked with chemical in Berkeley bathroom The complaint against Al-Sayyad was filed in 2016 by a Berkeley doctoral candidate. Al-Sayyad has denied any misconduct. For more stories, photos, and video on Berkeley, visit this page. Report a correction or typo Copyright \u00a9 2025 KGO-TV. All Rights Reserved. Related Topics 2/22/25, 6:26 Berkeley Architecture Professor Nezar Al-Sayyad suspended for three years over sexual harassment allegation - ABC7 San Fra\u2026 2/5 War Thunder Play War Thunder now for free Play Now Techno Mag Why Seniors Are Snapping Up This Box, We Explain! 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All Rights Reserved. 2/22/25, 6:26 Berkeley Architecture Professor Nezar Al-Sayyad suspended for three years over sexual harassment allegation - ABC7 San Fra\u2026 5/5", "7672_108.pdf": "From Casetext: Smarter Legal Research Alsayyad v. Superior Court Oct 19, 2020 No. A157389 (Cal. Ct. App. Oct. 19, 2020) Copy Citation Download Check Treatment Meet CoCounsel, pioneering that\u2019s secure, reliable, and trained for the law. Try CoCounsel free A157389 10-19-2020 ALSAYYAD, Plaintiff and Appellant, v COUNTY, Defendant and Respondent et al., Real Parties in Interest and Respondents. Jackson, J. Sign In Search all cases and statutes... Opinion Case details 2/22/25, 6:26 Alsayyad v. Superior Court, No. A157389 \| Casetext Search + Citator 1/20 California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Alameda County Super. Ct. No. RG18922143) Plaintiff Nezar AlSayyad filed a petition for writ of administrative mandamus directed to real parties in interest, Regents of the University of California and Chancellor of the University of California, Berkeley, seeking to reduce the term of his suspension from employment at the university. Pursuant to the university's policy on faculty conduct and the administration of discipline (University Policy), a subcommittee of the Academic Senate Committee on Privilege and Tenure Committee) conducted a three-day disciplinary hearing and found that AlSayyad had engaged in conduct violating sections of the university's code of conduct for faculty (Faculty Code 2 of Conduct) regarding sexual harassment of a student and unprofessional conduct toward colleagues. 2 The University Policy provides that the Committee may make recommendations regarding proposed disciplinary sanctions but that the chancellor retains the sole discretion to impose various types of discipline on faculty members, including suspension and termination. Pursuant to that University Policy, the Committee recommended a one-year suspension for AlSayyad, but Chancellor Carol Christ imposed a three-year suspension. AlSayyad's petition did not challenge the process of the Committee's hearing, the findings made by the Committee, or the disciplinary procedures outlined in the University Policy. Instead, AlSayyad argued that Chancellor Christ's decision to impose a three-year suspension violated principles of procedural fairness because it was based on her own factual findings, which she made without personally observing the testimony of witnesses to assess their demeanor and credibility. AlSayyad also argued that Chancellor Christ's role in the administrative process violated principles of procedural fairness because she both brought the charges against AlSayyad 2/22/25, 6:26 Alsayyad v. Superior Court, No. A157389 \| Casetext Search + Citator 2/20 and made the final decision on those charges. Finally, AlSayyad argued that the three-year suspension was an abuse of discretion because Chancellor Christ did not sufficiently explain her decision and because the penalty was excessive as a matter of law. The trial court denied the petition. AlSayyad appeals. We will affirm AlSayyad became a professor of architecture at the University of California, Berkeley, in 1985. He became tenured in or around 1994. In March 2016, a graduate student submitted a written complaint regarding AlSayyad to the chair of the department of architecture. The complaint 3 alleged that AlSayyad had engaged in multiple incidents of sexual harassment of the student, including touching her on the thigh in October 2013. It also alleged that AlSayyad told the student that he had fought against other professors so the student would pass her May 2014 Ph.D. oral qualifying exam. The complaint alleged that AlSayyad had criticized other faculty members to the student as a way to isolate her and establish himself as her supporter and protector. 3 A. Investigation Shortly after the complaint was filed, the university retained a law firm to investigate the complaint. The firm interviewed witnesses (including AlSayyad and the student), reviewed documents, and issued a confidential investigation report Report) on October 5, 2016. The Report found that AlSayyad had engaged in escalating personal behavior with the student, including the physical touching of her thigh. It also found that AlSayyad's communication pattern with the student had caused her to feel intimidated, isolated and reliant upon him. Specifically, it found that AlSayyad had referred to other faculty members as \" 'vultures' \" in an email to the student and had told the student that other faculty members were skeptical of her scholarly abilities. The Report concluded that there was sufficient evidence to refer the matter to Vice-Provost for the Faculty Benjamin Hermalin. 2/22/25, 6:26 Alsayyad v. Superior Court, No. A157389 \| Casetext Search + Citator 3/20 In November 2016, pursuant to paragraph 3 of the disciplinary procedures in the Faculty Code of Conduct, Vice-Provost Hermalin appointed two faculty investigators to determine whether there was probable cause to institute disciplinary proceedings against AlSayyad by filing a complaint with the Committee. The faculty investigation included an in-person meeting with AlSayyad, a telephone interview with the student, and review 4 of the Report as well as additional documents. On March 15, 2017, pursuant to paragraph 5 of the disciplinary procedures in the Faculty Code of Conduct, the faculty investigators sent a letter to AlSayyad notifying him of their intent to report that there was probable cause AlSayyad engaged in faculty misconduct. The faculty investigators issued their report Report) on April 19, 2017, finding that AlSayyad's touching of the student's thigh in October 2013 had occurred as the student alleged. The faculty investigators also found that the incident could be interpreted as an attempt to transition into a romantic or sexual relationship, and thus AlSayyad's subsequent criticisms of other faculty could constitute \" 'grooming' \" of the student. The Report concluded that there was probable cause that these actions did take place and that AlSayyad was in violation of the Faculty Code of Conduct. 4 On May 3, 2017, pursuant to paragraph 7 of the disciplinary procedures in the Faculty Code of Conduct, then-Interim Executive Vice-Chancellor and Provost (EVCP) Carol Christ sent a letter to AlSayyad notifying him of her intent to lodge a complaint with the Committee and propose his dismissal as the appropriate disciplinary sanction. The letter also advised AlSayyad that he could request mediation prior to the submission of charges to the Committee. The letter was sent in accordance with university policy requiring that the provide such notice to a faculty member accused of misconduct. 1 1 Christ became Chancellor of the University of California, Berkeley, shortly thereafter. B. Complaint On June 8, 2017, Vice-Provost Hermalin filed a complaint against AlSayyad with the Committee. The complaint alleged four violations of 5 the Faculty Code of Conduct: (1) sexual harassment of a student (charge 1); (2) 5 2/22/25, 6:26 Alsayyad v. Superior Court, No. A157389 \| Casetext Search + Citator 4/20 use of position or powers as a faculty member to coerce the judgment or conscience of a student for arbitrary or personal reasons (charge 2); (3) serious violation of the University of California Policy on Sexual Violence and Sexual Harassment (charge 3); and (4) failure to show due respect for opinions of colleagues and strive to be objective in the professional judgment of colleagues (charge 4). The complaint recommended that AlSayyad be dismissed from his employment at the university Hearing and Report In November 2017, pursuant to University of California Bylaws of the Academic Senate, bylaw 336(D)(8), the Committee conducted a three- day disciplinary hearing to determine whether the four charges against AlSayyad were supported by clear and convincing evidence. The parties submitted 145 exhibits in total. Sixteen witnesses were examined, including AlSayyad and the student. After the hearing, the Committee issued a report finding clear and convincing evidence to support charge 1, charge 3, and charge 4. It did not find clear and convincing evidence to support charge 2. On charge 1, the Committee found the claim that AlSayyad touched the student's thigh in October 2013 to be supported by clear and convincing evidence and that the gesture created \" 'an environment that a reasonable person would find to be intimidating or offensive.' \" (Boldface omitted.) It also found that while some of the other incidents alleged by the student were corroborated\u2014for example, hugging the student before her May 2014 oral qualifying exam and referring to her as a \" 'bright woman' \"\u2014and \"could be taken as chauvinistic and culturally insensitive,\" the evidence did 6 not clearly and convincingly support the claim that these other incidents involved sexual harassment. 6 On charge 2, the Committee found that the evidence did not clearly and convincingly support the claim that AlSayyad used his power to coerce the judgment or conscience of the student for arbitrary or personal reasons. On charge 3, the Committee referred to its findings on charge 1 and found clear and convincing evidence to support the claim that AlSayyad 2/22/25, 6:26 Alsayyad v. Superior Court, No. A157389 \| Casetext Search + Citator 5/20 \"seriously\" violated the University of California Policy on Sexual Violence and Sexual Harassment by touching the student's thigh in October 2013. On charge 4, the Committee found that clear and convincing evidence of AlSayyad's unprofessional conduct toward his colleagues in his email to the student where he referred to two other professors as \" 'vultures.' \" In addition to factual findings, section of the University Policy provides that the Committee may make \"recommendations to the Chancellor regarding proposed disciplinary sanctions.\" In accordance with this University Policy, the Committee recommended that AlSayyad be suspended for one year without pay, that a letter of censure be placed in his personnel file, that he undergo sensitivity training, and that he engage in a process of reconciliation with members of the architecture department. After the Committee issued its report, AlSayyad submitted a response letter to Chancellor Christ on March 9, 2018. In this letter, AlSayyad referred to his email describing his colleagues as \" 'vultures' \" as \"a mistake for which apologize . . . .\" (Boldface omitted.) The letter also stated AlSayyad's continued position that his touching of the student's thigh in 7 October 2013 \"would not suffice to prove a case of sexual harassment.\" (Boldface omitted.) 2 7 2 The letter is erroneously dated March 9, 2017. D. Chancellor Decision While the Committee may make recommendations regarding disciplinary sanctions, section of the University Policy provides that the chancellor retains the sole discretion to impose various types of discipline on a faculty member, including suspension and termination. Paragraph 4 of section states: \"Authority for the suspension of a faculty member rests with the Chancellor and may not be redelegated.\" On August 13, 2018, Chancellor Christ sent a letter to AlSayyad with her disciplinary decision. It stated that Chancellor Christ had \"carefully reviewed\" the Committee report; AlSayyad's March 9, 2018 letter; and \"other documentation associated with the case, including exhibits, briefing by the parties, and the lengthy transcript of the hearing.\" 2/22/25, 6:26 Alsayyad v. Superior Court, No. A157389 \| Casetext Search + Citator 6/20 Chancellor Christ's letter summarized the findings of the Committee on charges 1 through 4. Regarding charges 1 and 3, the letter states: \"[M]y comprehensive assessment of the Committee's report and the evidence in this case leads me to conclude that these violations of [the Faculty Code of Conduct] were quite serious, and that your intention about a sexual or romantic relationship is not germane in determining whether there was a pattern of sexual harassment.\" The letter then states: \"Based on my review of the evidence also find that your attempts to isolate the complainant from other faculty members, mischaracterization of what occurred in her oral qualifying exam, and effort to establish yourself as her most important supporter, [sic] were examples of using your power for personal gain.\" 8 8 The letter continues: \"In considering the evidence in its totality, including the findings and recommendations of the Committee, with which generally concur find that your pattern of unwelcome, manipulative and divisive behavior was harmful to students and other faculty, and your continuing failure to accept responsibility for the impact of your behavior is troubling. My significant experience as a tenured faculty member and campus leader at the highest levels leads me to believe that a more serious sanction than what the hearing panel recommends is required in this matter. As a result am imposing the following discipline: a letter of censure and a three-year suspension without pay . . . . Should you elect to retire during the term of the three-year suspension will seek curtailment of your emeritus status under the terms of the suspension for the duration of the suspension.\" AlSayyad retired from the university with a retroactive date of July 31, 2018. E. Petition for Writ of Administrative Mandate On September 25, 2018, AlSayyad filed a petition for writ of administrative mandate pursuant to Code of Civil Procedure section 1094.5 in the Superior Court of Alameda County. The petition sought, among other things, a reduction in AlSayyad's suspension from three years to one year. AlSayyad's petition did not challenge the process of the Committee's hearing, the findings made by the Committee, or the disciplinary 2/22/25, 6:26 Alsayyad v. Superior Court, No. A157389 \| Casetext Search + Citator 7/20 procedures outlined in the University Policy. Instead, AlSayyad argued that a writ was appropriate for three reasons: (1) Chancellor Christ's decision to impose a three-year suspension violated principles of procedural fairness because it was based on her own factual findings, which she made without personally observing the testimony of witnesses to assess their demeanor and credibility; (2) Chancellor Christ's role in the administrative 9 process violated principles of procedural fairness because she both brought the charges against AlSayyad and made the final decision on those charges; and (3) the three-year suspension was an abuse of discretion because Chancellor Christ did not sufficiently explain her decision and the penalty was excessive as a matter of law. 9 F. Order Denying Petition The trial court denied the petition, concluding that none of the three grounds had merit. It explained that Chancellor Christ's August 13, 2018 letter reflected that she reviewed the evidence and the Committee's factual findings in reaching her decision. And while Chancellor Christ considered the facts \"in a different light,\" her decision was still based on the evidence and the Committee's factual findings. Chancellor Christ did not reach conflicting findings of fact regarding any contested issue that depended on the credibility of witnesses, \"e.g., the incident in which AlSayyad touched his student's thigh.\" Accordingly, Chancellor Christ did not make any credibility determination without the benefit of live testimony that denied AlSayyad a fair administrative proceeding. The trial court also explained that there was no dispute that the choice of AlSayyad's discipline was left to Chancellor Christ's discretion or that the three-year suspension was within the parameters of the relevant regulations. Accordingly, the trial court found that the three-year suspension was not an abuse of discretion. This appeal followed The role of an appellate court in reviewing a school disciplinary decision on a petition for writ of administrative mandamus is the same as that of the 2/22/25, 6:26 Alsayyad v. Superior Court, No. A157389 \| Casetext Search + Citator 8/20 trial court. (Doe v. University of Southern California (2016) 246 10 Cal.App.4th 221, 239.) Our inquiry on such a petition extends to questions as to whether there was a fair administrative proceeding and whether there was any prejudicial abuse of discretion. (Code Civ. Proc., \u00a7 1094.5, subd. (b); see Pomona College v. Superior Court (1996) 45 Cal.App.4th 1716, 1730 [explaining that the \"fair trial\" requirement of Code Civ. Proc., \u00a7 1094.5, subd. (b) is equivalent to a prescription that there be a fair administrative proceeding].) 10 We review a question regarding the fairness of an administrative proceeding de novo \" 'because the ultimate determination of procedural fairness amounts to a question of law.' \" (Doe v. University of Southern California, supra, 246 Cal.App.4th at p. 239, quoting Nasha v. City of Los Angeles (2004) 125 Cal.App.4th 470, 482.) In the context of a school disciplinary process, fairness does not compel a particular rigid procedure, but instead may be satisfied by proceedings that afford the accused a full opportunity to present his or her position and defenses. (Doe v. Regents of University of California (2016) 5 Cal.App.5th 1055, 1103-1104.) We also review a question regarding abuse of discretion in the imposition of a particular penalty by an administrative body de novo. (Cassidy v. California Bd. of Accountancy (2013) 220 Cal.App.4th 620, 627.) Abuse of discretion \"is established if the respondent has not proceeded in the manner required by law, the order or decision is not supported by the findings, or the findings are not supported by the evidence.\" (Code Civ. Proc., \u00a7 1094.5, subd. (b).) Under this standard, we do not substitute our discretion for that of the administrative body regarding the degree of the penalty imposed. (Deegan v. City of Mountain View (1999) 72 Cal.App.4th 37, 46-47.) \"It is only in the exceptional case, when it is shown that reasonable minds 11 cannot differ on the propriety of the penalty, that an abuse of discretion is shown.\" (Id. at p. 47.) 11 In this appeal, AlSayyad makes the same three arguments as in the trial court. First, AlSayyad argues that Chancellor Christ's decision violated principles of procedural fairness because she acted as a fact finder but did not personally view the testimony and evaluate the credibility of the witnesses. Second, AlSayyad argues that Chancellor Christ's role in the 2/22/25, 6:26 Alsayyad v. Superior Court, No. A157389 \| Casetext Search + Citator 9/20 administrative process violated principles of procedural fairness because she both brought the charges against AlSayyad and made the final decision on those charges. Third, AlSayyad argues that the three-year suspension was a prejudicial abuse of discretion because Chancellor Christ did not sufficiently explain her decision and the penalty was excessive as a matter of law. We address each argument in turn AlSayyad first argues that Chancellor Christ's decision to impose a three- year suspension violated principles of procedural fairness because she made findings of fact without having personally observed the testimony of witnesses to assess their demeanor and determine their credibility. To support his argument, AlSayyad relies on a series of cases involving student disciplinary decisions for sexual misconduct at private and public universities. In Doe v. Claremont McKenna College (2018) 25 Cal.App.5th 1055, 1058, 1063- 1064, a student filed a petition for writ of administrative mandate seeking to challenge his one-year suspension based on a finding that he had engaged in nonconsensual sex with a female student from a neighboring college. That finding had been made by a review committee consisting of a third party investigator retained by the school and two 12 members of the faculty or staff. (Id. at pp. 1061-1063.) The school's grievance procedures did not require the female student to appear in front of the committee and did not provide for any questioning of either student by the committee or the parties themselves. (Id. at p. 1063.) 12 The appellate court concluded that these procedures deprived the accused student of a fair hearing. (Doe v. Claremont McKenna College, supra, 25 Cal.App.5th at pp. 1065-1066.) It identified \"a set of core principles applicable to cases where the accused student faces a severe penalty and the school's determination turns on the complaining witness's credibility.\" (Id. at p. 1070.) The appellate court articulated one such principle: \"[T]he complaining witness must be before the finder of fact either physically or through videoconference or like technology to enable the finder of fact to 2/22/25, 6:26 Alsayyad v. Superior Court, No. A157389 \| Casetext Search + Citator 10/20 assess the complaining witness's credibility in responding to its own questions or those proposed by the accused student.\" (Ibid.) While the school contended that this principle did not apply because the case was not \" 'a true he-said-she-said credibility contest,' \" the appellate court rejected the argument. (Id. at p. 1071.) It reasoned that given there were no first-hand witnesses, the committee's finding of nonconsensual sex relied on the complainant's testimonial evidence and \"certainly\" turned on her credibility. (Ibid.) This principle was subsequently applied in Doe v. Allee (2019) 30 Cal.App.5th 1036, 1039 (Allee), where a student filed a petition for writ of administrative mandate seeking to challenge his expulsion based on a finding that he had engaged in nonconsensual sex with another student at the University of Southern California. The university's disciplinary procedures did not provide for any hearing or opportunity for the accused student to challenge the veracity of any witness against him. (Id. at p. 1057.) 13 13 The appellate court concluded that the accused student was denied a fair hearing. (Allee, supra, 30 Cal.App.5th at p. 1069.) It reasoned decision relating to the misconduct of a student requires a factual determination as to whether the conduct took place or not.\" ' \" (Id. at p. 1065.) In Allee, the investigator determined that the two students had conflicting accounts of the incident that could not be reconciled. (Id. at p. 1053.) The appellate court concluded that in such circumstances where there are competing narratives regarding an incident, \"some form of in-person questioning\" is required to enable the fact finder to observe the witnesses' demeanors. (Id. at p. 1066.) AlSayyad argues, and real parties in interest explicitly assume for purposes of this analysis, that the principle from Doe v. Claremont McKenna College applies here. Applying this principle, AlSayyad argues that he was entitled to have the fact finder assess the credibility of all the witnesses in his case, \"especially\" the credibility of the student and himself. He argues that Chancellor Christ violated this principle of fairness by making factual findings without being able to personally assess witness credibility. Accordingly, our determination of whether this fairness principle was violated turns on the question of whether Chancellor Christ made any 2/22/25, 6:26 Alsayyad v. Superior Court, No. A157389 \| Casetext Search + Citator 11/20 findings of fact and, if so, whether those findings triggered a requirement that Chancellor Christ personally observe the witnesses to determine their demeanor and credibility. 14 3 14 3 Real parties in interest argue that the trial court made a \"foundational factual finding[]\" that Chancellor Christ did not act as a fact finder and that the trial court's finding should be reviewed for substantial evidence. We do not find the argument persuasive. The trial court found that Chancellor Christ did not \"reach[] conflicting findings of fact regarding any contested issue that depends on the credibility of witnesses.\" We conclude that this was not a foundational finding of fact but instead answered the question of whether AlSayyad was denied a fair administrative proceeding. (See Rosenblit v. Superior Court (1991) 231 Cal.App.3d 1434, 1443 [explaining that questions as to procedural fairness are \"essentially questions of law\"].) AlSayyad points to four statements in Chancellor Christ's August 13, 2018 letter as evidence that Chancellor Christ made her own findings of fact that were contrary to the findings by the Committee and required her to make credibility determinations regarding the witnesses. We address each argument in turn. A. Intention Not Germane to Sexual Harassment Chancellor Christ's letter states, with regard to AlSayyad's violations of the Faculty Code of Conduct regarding sexual harassment, that the Chancellor concluded the violations were \"quite serious\" and that AlSayyad's \"intention about a sexual or romantic relationship is not germane in determining whether there was a pattern of sexual harassment.\" AlSayyad argues that this statement suggests that Chancellor Christ made a factual finding that AlSayyad engaged in a pattern of sexual harassment, contrary to the Committee's finding that AlSayyad's touching of the student's thigh in October 2013 was the only incident amounting to sexual harassment. We disagree. As a preliminary matter, Chancellor Christ's letter explains that the Committee \"did not find [AlSayyad] to have engaged in a pattern of sexual harassment\" and that Chancellor Christ \"generally concur[red]\" in the Committee's findings. Moreover, as AlSayyad concedes, Chancellor Christ's statement that AlSayyad's intention was not 2/22/25, 6:26 Alsayyad v. Superior Court, No. A157389 \| Casetext Search + Citator 12/20 germane accurately summarizes the university's standard for sexual harassment. Section II, subsection B.2 of the University of California Policy on Sexual Violence and Sexual Harassment defines sexual harassment as 15 \"unwelcome sexual advances,\" regardless of the perpetrator's intent to enter into a sexual or romantic relationship. 15 Nor are we persuaded by AlSayyad's argument that the inclusion of the phrase also find\" in the next sentence of the letter suggests that Chancellor Christ made a finding that AlSayyad engaged in a pattern of sexual harassment. As described above, Chancellor Christ's statement of the standard regarding a pattern of sexual harassment was immediately preceded by her conclusion that AlSayyad's violations were \"quite serious . . . .\" Chancellor Christ's letter does not support the logical leap AlSayyad asks us to take: that this statement of the standard somehow evidences a factual finding that AlSayyad engaged in a pattern of sexual harassment. We conclude that this statement accurately reflected the university's standard regarding sexual harassment, and was not a factual finding. B. Pattern of Unwelcome, Manipulative and Divisive Behavior Chancellor Christ's letter states find that your pattern of unwelcome, manipulative and divisive behavior was harmful to students and other faculty, and your continuing failure to accept responsibility for the impact of your behavior is troubling.\" AlSayyad argues that this statement indicates that Chancellor Christ made a factual finding contrary to the Committee's findings on sexual harassment. Again, we disagree. Chancellor Christ stated that AlSayyad engaged in a \"pattern of unwelcome, manipulative and divisive behavior,\" not that he engaged in a pattern of sexual harassment. Chancellor Christ also described a pattern of behavior that was harmful to both students and \"other faculty . . . .\" Accordingly, the statement is more appropriately interpreted as a characterization of AlSayyad's behavior and the Committee's findings 16 regarding that behavior: that AlSayyad engaged in sexual harassment against a student and engaged in unprofessional conduct toward his colleagues. We conclude that this statement was a characterization of the 16 2/22/25, 6:26 Alsayyad v. Superior Court, No. A157389 \| Casetext Search + Citator 13/20 behavior as found by the Committee, not a factual finding by Chancellor Christ. C. Mischaracterization of May 2014 Exam Chancellor Christ's letter states: \"Based on my review of the evidence also find that your attempts to isolate the complainant from other faculty members, mischaracterization of what occurred in her oral qualifying exam, and effort to establish yourself as her most important supporter, [sic] were examples of using your power for personal gain.\" AlSayyad argues that Chancellor Christ's statement shows that she made a factual finding that AlSayyad mischaracterized what occurred in the student's May 2014 oral qualifying exam, contrary to the Committee's finding that the evidence \"does not clearly and convincingly show that Professor AlSayyad made false comments to [the student] after the exam.\" At the Committee hearing, the student testified that after her May 2014 oral qualifying exam, AlSayyad told her that two professors thought she should not have passed but that AlSayyad fought for her. Another professor who also served as an examiner testified that the student subsequently followed up on the issue, and that professor responded to her that while the exam went well, one examiner thought that in some respects her answers had only glossed the surface of an issue. AlSayyad then testified that he told the student there had been a mixed reaction to her performance. He also testified that it was standard for him to tell students will save you' \" as a way to explain how he can ask the type of questions during an oral qualifying exam that allow students to show their knowledge. 17 17 Handwritten notes from the exam committee chair were also introduced into evidence. The notes reflected that the first faculty member had assessed the student as \"glib\" and that the student had done less well on a particular section of the exam. The notes also reflected that the second faculty member thought the student had gotten some things \"wrong,\" \"mixed up\" terminology, and had some problems. Based on this evidence, the Committee concluded that while AlSayyad's comments \"may have been indiscreet\" and \"seem to have upset\" the student, the comments appeared to align with the examiners' assessments of the 2/22/25, 6:26 Alsayyad v. Superior Court, No. A157389 \| Casetext Search + Citator 14/20 student's performance. Because the Committee determined that the evidence did not \"clearly and convincingly show\" that AlSayyad's comments were false, it concluded that the evidence \"does not clearly support a charge that Professor AlSayyad used his powers to coerce [the student's] judgement [sic] for arbitrary or personal reasons.\" Chancellor Christ's statement regarding AlSayyad's \"mischaracterization of what occurred in her oral qualifying exam\" does not show that she rejected the Committee's factual finding that AlSayyad's comments appeared to align with the examiners' assessments. Nor does it show that she made a contrary factual finding that his comments as to their assessments were false. Instead, the letter shows that Chancellor Christ came to a different conclusion regarding how AlSayyad had characterized his impact on the exam outcome to the student: that she had passed because he had fought for her or saved her. Having reached that conclusion, she then refers to that mischaracterization as one of the \"examples of using your power for personal gain.\" Accordingly, we conclude that this statement constituted a conclusion regarding AlSayyad's comments regarding his impact on the student's exam, 18 not a factual finding by Chancellor Christ or a rejection of the Committee's factual finding that his comments regarding the other examiners' assessments were accurate. 18 D. Power for Personal Gain AlSayyad's fourth argument relies on the same statement in Chancellor Christ's letter: \"Based on my review of the evidence also find that your attempts to isolate the complainant from other faculty members, mischaracterization of what occurred in her oral qualifying exam, and effort to establish yourself as her most important supporter, were examples of using your power for personal gain.\" AlSayyad argues that Chancellor Christ made a factual finding that AlSayyad was \"using [his] power for personal gain,\" contrary to the Committee's finding on charge 2: that \"[t]he evidence does not clearly and convincingly show that Professor AlSayyad used his power as a faculty member, qualifying exam committee member, or as chair of the graduate program, to coerce the judgment or conscience of [the student] or other students for arbitrary or personal reasons.\" 2/22/25, 6:26 Alsayyad v. Superior Court, No. A157389 \| Casetext Search + Citator 15/20 We disagree, as the statement is again more appropriately interpreted as a conclusion regarding AlSayyad's behavior. To the extent it refers to AlSayyad's attempt to isolate the student and establish himself as her most important supporter, it reflects findings by the Committee regarding that behavior. For example, the Committee found that AlSayyad had sent the student an email describing \"two vultures in the architecture program who have target it [sic] you.\" To the extent it refers to AlSayyad's mischaracterization of the student's oral exam performance, Chancellor Christ's statement does not run afoul of fairness requirements for the reasons discussed above. In total, the statement shows that Chancellor Christ 19 reached a different conclusion regarding AlSayyad's use of power for personal gain. But that conclusion, in and of itself, is not a factual finding. 19 In sum, Chancellor Christ's statements did not constitute findings of fact and did not require Chancellor Christ to personally assess witness demeanor or credibility. We conclude that Chancellor Christ's statements do not support any violations of procedural fairness AlSayyad argues next that Chancellor Christ's role in the administrative process violated principles of procedural fairness because she brought the charges against him and made the final decision on those charges. As a preliminary matter, the argument fails because Chancellor Christ did not bring the charges against AlSayyad. After the initial investigation by an outside firm, the matter was referred to Vice-Provost Hermalin, who then managed the faculty investigation. Pursuant to the university's disciplinary procedures, the faculty investigators sent AlSayyad the March 15, 2017 letter notifying him of their intent to report a determination of probable cause. As required by those same procedures, Chancellor Christ then sent AlSayyad the May 3, 2017 letter. The letter notified AlSayyad of her intent to lodge a complaint and propose his dismissal as the appropriate sanction, based on the faculty investigators' report and their recommendation that the Committee have the ability to recommend the maximum sanction of dismissal. The letter also advised AlSayyad that he could request mediation 2/22/25, 6:26 Alsayyad v. Superior Court, No. A157389 \| Casetext Search + Citator 16/20 prior to the submission of charges to the Committee. The content of the letter thus shows that Chancellor Christ was involved as required by the university's procedures to provide notice to AlSayyad; it does not support AlSayyad's proposition that she played the role of charger in this process. Vice-Provost Hermalin, not 20 Chancellor Christ, charged AlSayyad by filing the complaint with the Committee. 20 4 4 Real parties in interest argue that the trial court made a finding that AlSayyad was charged by Vice-Provost Hermalin and that the trial court's finding should be reviewed for substantial evidence. We do not find the argument persuasive as the fact appears to be contained in the background section of the order and does not reflect any finding from the trial court. Moreover, the circumstances in which courts have found a violation of procedural unfairness on this basis provide a stark contrast to Chancellor Christ's role here. In Allee, for example, the appellate court determined that the University of Southern California's disciplinary procedures violated the requirements of fundamental fairness because no in-person hearing was required under those procedures; the Title investigator \"interviews witnesses, gathers other evidence, and prepares a written report in which the investigator acts as prosecutor and tribunal, making factual findings, deciding credibility, and imposing discipline.\" (Allee, supra, 30 Cal.App.5th at p. 1068.) The appellate court concluded that a single individual could not serve as the fact finder in such circumstances, given the \"overlapping and conflicting capacities\" as investigator, prosecutor, and sentencer. (Id. at p. 1069.) Unlike Allee, the university's disciplinary process here included an initial investigation by an outside firm, a faculty investigation, a disciplinary hearing by the Committee, and a decision by Chancellor Christ. Evidence was independently reviewed at each of these stages. For these reasons, we conclude that Chancellor Christ's role in AlSayyad's disciplinary process does not support any violation of fundamental fairness Finally, AlSayyad argues that the three-year suspension imposed by Chancellor Christ constituted a prejudicial abuse of discretion for two 21 reasons: (1) Chancellor Christ did not sufficiently explain her decision; and 21 2/22/25, 6:26 Alsayyad v. Superior Court, No. A157389 \| Casetext Search + Citator 17/20 (2) the penalty was excessive as a matter of law. Neither argument is persuasive. As to the first argument, Chancellor Christ's August 13, 2018 letter contains a detailed explanation for her decision to impose a three-year suspension. It states: \"In considering the evidence in its totality, including the findings and recommendations of the Committee, with which generally concur find that your pattern of unwelcome, manipulative and divisive behavior was harmful to students and other faculty, and your continuing failure to accept responsibility for the impact of your behavior is troubling. My significant experience as a tenured faculty member and campus leader at the highest levels leads me to believe that a more serious sanction than what the hearing panel recommends is required in this matter.\" AlSayyad offers no authority to support his argument that such an explanation is insufficient. In Doe v. Regents of University of California, supra, 5 Cal.App.5th at p. 1107, the appellate court determined that the dean had sufficiently explained her decision to increase a student's suspension for sexual misconduct by informing the student that she had \" 'reviewed the Hearing Report, applicable statements submitted by both parties, your student conduct record, and the University's Sanctioning Guidelines . . . .' \" Here, Chancellor Christ's letter makes clear that she not only reviewed the relevant materials, but also contemplated the violations found by the Committee, the seriousness of the misconduct, the harm caused to the students and faculty, and her experience as a faculty member and campus leader. We conclude that Chancellor Christ sufficiently explained her decision to impose a three-year suspension. 22 22 As to the second argument, AlSayyad does not dispute that Chancellor Christ had the discretion to depart from the Committee's recommendation. He also does not dispute that the three-year suspension was within the parameters of potential penalties. Instead, AlSayyad argues that the penalty was \"grossly excessive\" because it was based on Chancellor Christ's unsupported factual finding that AlSayyad had engaged in a pattern of sexual harassment. As described above, we reject AlSayyad's argument and conclude that Chancellor Christ made no such factual finding. Again, Chancellor Christ's letter makes clear that she decided to impose a three- year suspension based on the \"evidence in its totality, including the findings 2/22/25, 6:26 Alsayyad v. Superior Court, No. A157389 \| Casetext Search + Citator 18/20 and recommendations of the Committee\"; the \"unwelcome, manipulative and divisive behavior\" that \"was harmful to students and other faculty\"; and her \"significant experience as a tenured faculty member and campus leader at the highest levels . . . .\" Her decision is not an exceptional case where \"reasonable minds cannot differ on the propriety of the penalty . . . .\" (Deegan v. City of Mountain View, supra, 72 Cal.App.4th at p. 47.) We conclude that the three-year suspension was not a prejudicial abuse of discretion.5 5 Given our conclusion, we need not address real parties' argument that AlSayyad's petition improperly sought the reduction of his suspension to one year, instead of seeking to set aside the university's decision and remand for reconsideration The order is affirmed. Respondents are entitled to their costs on appeal. (Cal. Rules of Court, rule 8.278(a)(1), (2).) 23 23 /s/_________ Jackson CONCUR: /s/_________ Siggins, P. J. /s/_________ Fujisaki, J. About us Jobs News Twitter Facebook LinkedIn Instagram 2/22/25, 6:26 Alsayyad v. Superior Court, No. A157389 \| Casetext Search + Citator 19/20 Help articles Customer support Contact sales Cookie Settings Do Not Sell or Share My Personal Information/Limit the Use of My Sensitive Personal Information Privacy Terms \u00a9 2024 Casetext Inc. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 2/22/25, 6:26 Alsayyad v. Superior Court, No. A157389 \| Casetext Search + Citator 20/20", "7672_109.pdf": "BERKELEY, Calif. (AP) \u2014 The University of California, Berkeley has suspended a prominent architecture professor for three years without pay for sexually harassing a graduate student and abusing his power for personal gain. Professor Nezar AlSayyad, who was also chair of the Center for Middle Eastern Studies for nearly two decades until 2014, was found to have engaged in a \u201cpattern of sexual harassment (that) created a hostile environment,\u201d university spokeswoman Janet Gilmore said in a statement Monday. The finding was based on a complaint filed in 2016 by Berkeley doctoral candidate Eva Hagberg Fisher campus investigation found that AlSayyad, who was one of Hagberg Fisher\u2019s advisers, had spent months ingratiating himself with her before placing his hand on her upper thigh, proposing they become \u201cclose friends\u201d and suggesting they go to Las Vegas, according to a report published Monday in the San Francisco Chronicle. The investigation found that AlSayyad tried to isolate Hagberg Fisher from other faculty members and establish himself as her most important supporter, \u201cthereby using his power for personal gain,\u201d the Chronicle reported, quoting an email that Vice Provost Benjamin Hermalin sent last week to Hagberg Fisher. Based on the investigation\u2019s findings, Chancellor Carol Christ decided on Aug. 13 to place AlSayyad on a three-year suspension without pay effective immediately, the university statement said. AlSayyad\u2019s gross salary in 2017 was $237,000, according to the UC\u2019s payroll website. \u201cThe chancellor found that between 2012-2014, Al Sayyad engaged in a pattern of unwelcome, manipulative and divisive behavior,\u201d the university said in its statement, which listed a number of additional restrictions on Berkeley suspends professor for sexual harassment Updated 4:18 CST, August 20, 2018 Maine governor Ind vs Pak Postal Service Luigi draws crowd Jerry Butler dies 2/22/25, 6:26 Berkeley suspends professor for sexual harassment News 1/4 AlSayyad, who has taught at Berkeley since 1985. During his three-year suspension, AlSayyad is barred from nonpublic areas of the campus and cannot teach or supervise new graduate students, the university statement said. Through his attorney, AlSayyad said he was being made a scapegoat. \u201cProfessor AlSayyad denies any sexual harassment,\u201d his attorney Dan Siegel said. Siegel said the committee that investigated the complaint concluded there was no pattern of sexual harassment but a \u201cmomentary misstep when he put his hand on Ms. Fisher\u2019s leg\u201d and recommended a one-year suspension, which Chancellor Christ tripled. \u201cProfessor Al Sayyad is being made a scapegoat for the years of neglect by the University of California of well-founded claims of sexual harassment against members of the faculty,\u201d his lawyer said. Gilmore, the Berkeley spokeswoman, said the investigating panel\u2019s findings were confidential and she could not comment on the initial recommendation. AlSayyad is one of several Berkeley employees in recent years to face sexual harassment allegations that the university says has prompted it to intensify and reform its response to sexual misconduct. ___ Information from: San Francisco Chronicle, 2/22/25, 6:26 Berkeley suspends professor for sexual harassment News 2/4 Steve Bannon is accused of doing a straight-arm Nazi salute at but says it was just \u2018a wave\u2019 Trump administration reverses its previous decision and reinstates legal aid for migrant children Judge largely blocks Trump\u2019s executive orders ending federal support for programs sues 3 Trump administration officials, citing freedom of speech 1 2 3 4 2/22/25, 6:26 Berkeley suspends professor for sexual harassment News 3/4 Trump fires Joint Chiefs of Staff chair Brown and 2 other military officers 5 2/22/25, 6:26 Berkeley suspends professor for sexual harassment News 4/4"}
7,206	LaVonette Bartley	Alabama State University	[ "7206_101.pdf", "7206_102.pdf", "7206_103.pdf", "7206_104.pdf", "7206_105.pdf", "7206_106.pdf", "7206_107.pdf" ]	{"7206_101.pdf": "MISS: GoEat Dining Guide FEATURED: Spotted Hornet Chat S. Union St. DealChicken Find what you are looking for The Wayback Machine - News Sports Communities MyLife Opinion Business Obituaries Media Help 12:32 AM, Feb. 18, 2012 federal jury returned a verdict totaling more than $1 million Friday evening against Alabama State University. The jury found that the school had allowed an administrator to create a hostile work environment by racially and sexually harassing three female employees and that the women were retaliated against after they filed complaints. \"Justice is served,\" said Cynthia Williams as she walked out of the courthouse about 6 p.m. Friday, alongside the two other plaintiffs, Jacqueline Weatherly and Lydia Burkhalter, who echoed the sentiment. The jury of four men and four women returned a verdict that includes compensation for emotional pain and mental anguish; back pay for Williams and Burkhalter, who were fired; and lost leave time for Weatherly. Kenneth Thomas, lead attorney for in the case, said the defense team was disappointed but must accept the jury's decision. \"(We are) just taking the jury verdict, reviewing and analyzing the university's options and (will be) discussing with appropriate university officials the next step to protect the university's interests,\" Thomas said without elaborating on what steps might take. In a statement released Friday night, university spokesman Kenneth Mullinax indicated that will consider appealing the verdict. The jury found that Lavonette Bartley, an employee for about 27 years, created a racially hostile environment for all three women. She was accused of regularly using the N-word, calling one of the plaintiffs a \"white bitch\" and a number of other specific allegations. 'Justice is served': Jury returns more than $1M sexual harassment verdict against Alabama State University Comments Written by Scott Johnson News Local News Gambling corruption trial: Prosecutor plays 'aborigine' tape $750K bond set in slaying: Josh Caspari accused in shooting death of Elmore County woman Anna Cardwell Live video of Whitney Houston memorial 1. $750K bond set in slaying: Josh Caspari accused in shooting death of Elmore County woman Anna Cardwell 2. Obituaries for 02/17/2012 3. 'Justice is served': Jury returns more than $1M sexual harassment verdict against Alabama State University 4. Two men arrested in Holtville woman's death 5. Gambling corruption trial: Prosecutor plays 'aborigine' tape Lee-Scott boys defeat Prattville Lee-Scott girls win over Wilcox graduation 2/22/25, 6:26 'Justice is served': Jury returns more than $1M sexual harassment verdict against Alabama State University \| The Montgomery Adv\u2026 1/4 The jury also ruled in favor of Burkhalter's claim of sexual harassment. The plaintiffs, and Bartley, are black women with the exception of Burkhalter, who is described in court documents as biracial. Bartley was accused of making inappropriate comments about the then-24-year-old Burkhalter's body and clothes, suggesting Burkhalter strip to show how many tattoos she had and inappropriately brushing her body against Burkhalter in a narrow filing room. Bartley is the associate executive director in the office of Executive Vice President and Chief Operating Officer John Knight. She works in Knight's office in Suite 119 of Council Hall on the campus, where all three plaintiffs also have worked. The lawsuit also accused Knight of making romantic advances toward Burkhalter, although the verdict itself did not make it clear whether the jury's decision on sexual harassment included one or the other of those claims or both. The statement released Friday night reads, in part: \"Alabama State University maintains an equal opportunity environment committed to our founding principles of excellence and equality in higher education and has strong policies and procedures in place to prohibit discrimination and harassment of any individual. We will continue to ensure that all of our employees are guaranteed equal protection, not only to the letter of the law, but also to our higher expectations.\" The trial lasted eight days and included testimony from some well- known elected officials, including Knight, a longtime state legislator. Also taking the stand were three members of the board of trustees: Elton Dean, who is also chairman of the Montgomery County Commission; Marvin Wiggins, a Dallas County Circuit Court judge; and Herbert Young. The trustees all denied under oath that the plaintiffs had spoken to them about wanting transfers and about their issues with Bartley. The plaintiffs testified under oath that they had spoken with the trustees. Knight's testimony included denials of claims against him and that he had never heard Bartley use the N-word or other derogatory terms while on the campus. The jury of four men and four women awarded Weatherly $350,000; Burkhalter $230,000; and Williams $213,500 for emotional pain and mental anguish. Jurors also awarded Williams $141,573.76 and Burkhalter $94,592.51 in back pay and Weatherly $9,453.06 in lost leave time Two men arrested in Holtville woman's death 20 Prosecutor plays \u2018aborigine,\u2019 other race- tinged tapes 4 Jury returns $1 million verdict against in harassment suit 3 'Justice is served': Jury returns more than $1M sexual harassment verdict against Alabama State University 2 Ala votes against payroll tax cut 2 2/22/25, 6:26 'Justice is served': Jury returns more than $1M sexual harassment verdict against Alabama State University \| The Montgomery Adv\u2026 2/4 The jury deliberated for about 12 hours on the verdict, which included a number of specific charges. Toward the end of deliberations, jurors requested a calculator. View Comments \| Share your thoughts Flip, shop and save on specials from your favorite retailers in Montgomery, Alabama 1. $750K bond set in slaying: Josh Caspari accused in shooting death of Elmore County woman Anna Cardwell 2. Obituaries for 02/17/2012 3. Two men arrested in Holtville woman's death 4. 'Justice is served': Jury returns more than $1M sexual harassment verdict against Alabama State University 5. Gambling corruption trial: Prosecutor plays 'aborigine' tape 6. Jury returns $1 million verdict against in harassment suit 7 boys New facebook changes 2 replies \| Posted by buttons_r in Please send your feedback here Site Map \| Back to Top Alabama Local News Nation & World Biscuits Outdoors Alabama East Montgomery Prattville Millbrook Celebrate Go Play Listings Customer Service Subscribe Manage your account Twitter Facebook Mobile 2/22/25, 6:26 'Justice is served': Jury returns more than $1M sexual harassment verdict against Alabama State University \| The Montgomery Adv\u2026 3/4 Weather Maxwell Gunter Dispatch Prattville Progress Archives Newspapers in Education Advertiser Media Group Data Central Auburn Varsity Roundup Alabama State Troy University Motor Sports Submit an Obituary Wetumpka Columnists Blogs Letters to the Editor Forums Recent Editorials Submit Your Letter Recent guest columns Games Birthdays GoEat: River Region Restaurant Guide Staff Photos Video User-Submitted Photos Submit Your Photos Place a classified View classifieds Got a news tip? Newsroom Contacts About the Site E-mail Alerts Text Alerts News \| Jobs \| Cars for Sale \| Homes for Sale \| Apartments for Rent \| Real Estate \| Shopping Copyright \u00a9 2012 All rights reserved. Users of this site agree to the Terms of Service, Privacy Notice/Your California Privacy Rights, and Ad Choices 2/22/25, 6:26 'Justice is served': Jury returns more than $1M sexual harassment verdict against Alabama State University \| The Montgomery Adv\u2026 4/4", "7206_102.pdf": "Appeals court blasts Ala. university in harassment ruling Josh Moon The Mongtomery (Ala.) Advertiser Published 11:54 a.m Sept. 4, 2013 Updated 11:56 a.m Sept. 4, 2013 Key Points 3 women accused university of creating a hostile work environment 2 administrators made numerous inappropriate racial comments%2C sexual comments and touching University refused to answer whether the officials had ever been disciplined in the case MONTGOMERY, Ala. \u2014 Alabama State University lost its appeal of a sexual harassment ruling in which three former employees were awarded more than $1 million. The 11th U.S. Circuit Court of Appeals on Tuesday issued a 23-page ruling upholding a Montgomery district court's ruling granting Jacqueline Weatherly, Cynthia Williams and Lydia Burkhalter back pay and lost wages. The three-judge panel of the 11th Circuit also slammed the university for creating and condoning a hostile work environment. \"The facts of this case should greatly concern every taxpaying citizen of the state of Alabama, especially because it involves a public university largely funded by tax dollars paid by the people of Alabama,\" according to the court's ruling. \"We are left to wonder who is in charge at ASU,\" the federal judges wrote. \"Regardless, however, we are unnerved by the apparent acquiescence to, if not outright condoning of, the abusive work environment created by its high-level employees.\" Late Tuesday interim President William Harris issued a statement saying university officials maintain their innocence in this matter but will not be pursuing additional appeals Alabama Add Topic 2/22/25, 6:26 Appeals court blasts Ala. university in harassment ruling 1/3 or hearings could petition the court for a rehearing or appeal to the U.S. Supreme Court. \"While (ASU) has great respect for this court, we vehemently disagree with today's court ruling,\" Harris said. \"We believe we raised legitimate concerns about the trial court's initial finding of fault. We continue to deny the discrimination as alleged by the plaintiffs in this case. However, the court has spoken.\" The court was highly critical of the university's lawyers for failing to meet appeals deadlines and offering arguments that the court had no standing to rule on. The case began when Weatherly, Williams and Burkhalter filed lawsuits claiming that two administrators \u2014 Chief Executive John Knight and Associate Executive Director LaVonette Bartley \u2014 made numerous inappropriate comments and created a hostile work environment. Knight is also a longtime Democratic state representative. Among many examples the court cited in its opinion, Weatherly said Bartley, who is black, routinely used the N-word and that a report to ASU's human resources about her often abusive and inappropriate behavior never resulted in action. Burkhalter said Bartley used the racial epithet in referring to her 7-year-old son, causing the boy to hide under a desk, and that Knight made repeated sexual advances, asking her once to think of the \"wildest thing\" she could do for her birthday and on one occasion asked her to dance for him. Burkhalter also claimed that Bartley inappropriately touched her on numerous occasions. Williams said Bartley also called her the same epithet said Knight threatened employees in the office to prevent them from participating in an Equal Employment Opportunity Commission investigation into complaints against Bartley. The Montgomery Advertiser asked the university if either Knight or Bartley had been disciplined for their roles in this case. The university declined to answer district court jury ruled in May 2012, granting Williams $392,648.23, Burkhalter $376,509.65 and Weatherly $309,453.06. Those figures have been earning interest since being awarded. Additionally, Alabama State will be forced to pay the plaintiffs' legal fees and court costs such as filing fees, but an exact amount has yet to be determined. The original trial lawyers have 2/22/25, 6:26 Appeals court blasts Ala. university in harassment ruling 2/3 asked the court to award more than $1.2 million in fees. \"We're very hopeful that we can get my clients paid and these ladies can go on about their lives,\" said lawyer Mark Montiel, who represented Williams and Weatherly during the appeals portion of the case. \"They've been through quite a bit already.\" Key facts in the case \u2022 Three plaintiffs accused Alabama State University officials of creating a hostile work environment in which racial slurs and inappropriate comments were the norm district court jury awarded the plaintiffs more than $1 million in May 2012 for back pay and lost wages. \u2022 The 11th U.S. Circuit Court of Appeals said in its opinion that taxpayers should be troubled by the case. \u2022 When lawyers' fees, court costs and interest are added, the total could cost the university more than $3 million. 2/22/25, 6:26 Appeals court blasts Ala. university in harassment ruling 3/3", "7206_103.pdf": "From Casetext: Smarter Legal Research Weatherly v. Alabama State University United States District Court, M.D. Alabama, Northern Division Apr 30, 2010 Case No. 2:10cv192 (wo) (M.D. Ala. Apr. 30, 2010) Copy Citation Download Check Treatment Take care of legal research in a matter of minutes with CoCounsel, your new legal assistant. Try CoCounsel free Case No. 2:10cv192 (wo). April 30, 2010 III, Senior District Judge Sign In Search all cases and statutes... Opinion Case details 2/22/25, 6:27 Weatherly v. Alabama State University, Case No. 2:10cv192 (wo) \| Casetext Search + Citator 1/6 Accepting the allegations of the Complaint as true, which the court must do for the purposes of these motions, the facts of the case, in summary, are as follows: This cause is before the court on a Motion to Sever Claims (Doc. #9) and a Motion to Dismiss Sexual Harassment Claims (Doc. #11), filed by the Defendant, Alabama State University (\"ASU\"). The Plaintiffs bring claims for violations of Title of the Civil Rights Act of 1964, as amended. All Plaintiffs bring claims for racial harassment and hostile work environment (Count One) and sexual harassment and hostile work environment (Count Two). Plaintiff Jacqueline Weatherly also brings claims for racial and sexual harassment (Count Three) and retaliation (Count Four). Plaintiff Cynthia Williams brings claims of racial and sexual discrimination (Count Five) and retaliation (Count Six). Plaintiff Lydia Burkhalter brings race and gender discrimination claims (Count Seven) and retaliation (Count Eight). The Defendant, ASU, seeks to sever the claims of the three Plaintiffs from one another, and to dismiss some claims of one Plaintiff, Lydia Burkhalter. For reasons to be discussed, the Motion to Dismiss is due to be as moot, and the Motion to Sever is due to be DENIED. 2 2 The Plaintiffs are current and former employees of ASU. Jacqueline Weatherly (\"Weatherly\") was the first of the Plaintiffs to advance an internal complaint of discrimination at ASU. She voiced a complaint of harassment and hostile work environment, based on the actions of Lavonette Bartley (\"Bartley\"). At the time, Bartley was the Associate Executive Director for Marketing and Communications at ASU. Bartley reported to John Knight (\"Knight\"), who at the time was the Special Assistant to the President and Executive Director for Marketing Communications. This complaint was investigated and Plaintiffs Cynthia Williams (\"Williams\") and Lydia Burkhalter (\"Burkhalter\") provided testimony favorable to Bartley during the investigation. Thereafter, Williams and Burkhalter experienced sexually and racially offensive comments in the workplace and inappropriate conduct 2/22/25, 6:27 Weatherly v. Alabama State University, Case No. 2:10cv192 (wo) \| Casetext Search + Citator 2/6 by Bartley. Plaintiff Burkhalter complained to Plaintiff Williams, her supervisor, about Bartley's conduct. Williams subsequently was interviewed again in the investigation of Weatherly's complaint and explained that although she initially provided testimony favorable to Bartley, since that time she had experienced harassing conduct herself. The Plaintiffs allege that John Knight did not respond to complaints about harassment. They allege that various adverse actions were taken which they contend were in retaliation for their having voiced complaints or having participated in each other's complaints of discrimination As stated above has filed a Motion to Dismiss and a Motion to Sever. In their brief 3 in response to the Motion to Dismiss, the Plaintiffs have requested the imposition of costs and fees. 3 ASU's Motion to Dismiss concerns the sexual harassment claim alleged in the Complaint, but only seeks to dismiss the claim of Burkhalter. In response, the Plaintiffs have stated that their Complaint does not assert a quid pro quo harassment claim on Burkhalter's behalf, or on behalf of either of the other Plaintiffs, but only a hostile environment claim on behalf of all three Plaintiffs, and that that claim is properly pled. The Plaintiffs ask that the court deny the Motion to Dismiss and impose sanctions pursuant to Rule 11. In reply concedes that now that the Plaintiffs have clarified that there is no quid pro quo sexual harassment claim, the Motion to Dismiss is due to be as moot. See Doc. #19 at p. 2. Accordingly, the court will deny the Motion to Dismiss as moot. Although the Motion to Dismiss is moot, the court cannot conclude that should be assessed costs and fees pursuant to Rule 11 for having filed the motion. Courts impose sanctions pursuant to Rule 11 of the Federal Rules of Civil Procedure when a party files a pleading (1) that has no reasonable factual basis; (2) that is based on a legal theory that has no reasonable chance of success and that cannot be advanced as a reasonable argument to change existing law; or (3) that is filed in bad faith for an improper purpose. See Kaplan v. DaimlerChrysler, A.G., 331 F.3d 1251, 1255 (11th Cir. 2003 conceded that its motion was due to be denied once it was made clear by the Plaintiffs that they were not asserting the claim 2/22/25, 6:27 Weatherly v. Alabama State University, Case No. 2:10cv192 (wo) \| Casetext Search + Citator 3/6 perceived them to be asserting. Given that the Complaint is 50 pages long and contains multiple factual assertions involving alleged harassing conduct and adverse employment actions, the court cannot conclude that ASU's motion was so baseless or was filed for delay or improper purpose so as to warrant 4 the imposition of sanctions under Rule 11. 4 has also moved to sever the claims by Weatherly, Williams, and Burkhalter from one another, stating that the claims are not properly joined in a single action because there are distinct factual differences in the three Plaintiffs' claims. The authority relied on by in support of its motion, Grayson v. K-Mart Corp., 849 F. Supp. 785 (N.D. Ga. 1994), is factually distinct, however, in that that case did not involve harassment claims, or claims of retaliation for participation in other plaintiffs' complaints of discrimination. Under Rule 20 of the Federal Rules of Civil Procedure, people may join in one action as plaintiffs if they (1) assert any right to relief jointly, severally, or in the alternative with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences, and (2) any question of law or fact common to all plaintiffs will arise in the action. In evaluating joinder, a court \"is guided by the underlying purpose of joinder, which is to `promote trial convenience and expedite the resolution of disputes, thereby eliminating unnecessary lawsuits.'\" Swan v. Ray, 293 F.3d 1252, 1253 (11th Cir. 2002) (per curiam) (quoting Alexander v. Fulton County, Ga., 207 F.3d 1303, 1323 (11th Cir. 2000)). Other courts have found that joinder is proper where there are different plaintiffs claiming harassment based on overlapping evidence. See, e.g., DeShiro v. Branch, No. 96-800-CIV-T-17E, 1996 663973 (M.D. Fla. Nov. 13, 1996). Although points to the factual disparities alleged in this case, it appears that there are at least some overlapping factual and legal issues in the harassment claims and retaliation claims as alleged, and that the claims arise out of the same occurrences. It may be, upon development of the evidence in this case, that it ultimately appears that the claims of the three plaintiffs should be severed for trial. At this point 5 in the proceedings, however, judicial economy is served by joinder, rather than proceeding in duplicative suits with duplicative discovery. See Monsanto v. Fleming, No. 5 2/22/25, 6:27 Weatherly v. Alabama State University, Case No. 2:10cv192 (wo) \| Casetext Search + Citator 4/6 3:07cv105-J-33HTS, 2007 3521724 (M.D. Fla. Nov. 15, 2007). Therefore, the Motion to Sever will be DENIED, but will be allowed to re-raise this issue at an appropriate time prior to trial, should choose to do so For the reasons discussed, it is hereby as follows: 1. The Motion to Dismiss (Doc. #11) is as moot. 2. The Motion to Sever (Doc. #9) is without prejudice to being raised again at a later time. 3. The Plaintiff's request for costs and fees imposed pursuant to Rule 11 (Doc. #17 p. 16) is DENIED. About us Jobs News Twitter Facebook LinkedIn Instagram Help articles Customer support Contact sales Cookie Settings Do Not Sell or Share My Personal Information/Limit the Use of My Sensitive Personal Information 2/22/25, 6:27 Weatherly v. Alabama State University, Case No. 2:10cv192 (wo) \| Casetext Search + Citator 5/6 Privacy Terms \u00a9 2024 Casetext Inc. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 2/22/25, 6:27 Weatherly v. Alabama State University, Case No. 2:10cv192 (wo) \| Casetext Search + Citator 6/6", "7206_104.pdf": "32\u00b0 Montgomery \uf0c9 Watch Live Latest Video News File Photo: 11th Circuit Court of Appeals (WSFA) - The 11 Circuit Court of Appeals rejected arguments from Alabama State University in a 23 page decision Tuesday. The university appealed a jury's verdict last year when it awarded $1 million to three female former employees who raised allegations of sexual harassment and racism against a pair of administrators. In the ruling, the court criticized legal counsel for for missing the court's deadlines for briefs and arguments. The court also used the ruling to sharply criticize as an institution. \"We are left to speculate who is in charge at ASU\" the court wrote toward the end of its ruling. \"We are unnerved by the apparent acquiescence to, if not outright condoning of, the abusive work environment created by its high-level employees. Such conduct simply has no place in a work environment, especially at a publicly funded university.\" 11th Circuit rejects appeal; questions who is in charge Published: Sep. 3, 2013 at 8:06 \| Updated: Nov. 26, 2013 at 11:36 th 2/22/25, 6:27 11th Circuit rejects appeal; questions who is in charge 1/4 The three plaintiffs alleged that Chief Operating Officer John Knight, who is also a member of the Alabama House of Representatives, harbored an environment of sexual harassment. One of the plaintiffs alleged that Knight himself had asked her to \"dance for him like she had at a party\" and said her attempts to report the issues to the Human Resources Department at were unsuccessful. Two of the plaintiffs said another top administrator at Alabama State, LaVonette Bartley, would use racial slurs directed at them in the workplace. In a statement, Alabama State University denied any all allegations of wrongdoing but did acknowledge that, \"The court has spoken.\" Dr. William Harris, Alabama State University's Interim President, wrote in a statement, \"While Alabama State University has great respect for this court, we vehemently disagree with today's court ruling. We believe we raised legitimate concerns about the trial court's initial finding of fault. We continue to deny the discrimination as alleged by the plaintiffs in this case.\" The statement continued, \"We will address appropriately any allegation of discrimination lodged against any person at this University.\" Copyright 2013 12 News. All rights reserved. Most Read Techno Mag \| Sponsored All Channels for Only $49 (Buy Now) Crossout \| Sponsored Crossout 2.0: Supercharged Check out the new Crossout 2.0 for free. Discover PvP and PvE in our upgraded Action MMO. Countless unique Vehicles, PvE and PvP, Trading. Are you ready? 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Click here to learn more about our approach to artificial intelligence Gray Local Media Station \u00a9 2002-2025 News Weather Sports Contact Us 445 Dexter Avenue Suite 7000 Montgomery 36104 (334) 288-1212 2/22/25, 6:27 11th Circuit rejects appeal; questions who is in charge 4/4", "7206_105.pdf": "\ue902 Email This (mailto:?subject=Court Upholds $1M Sexual Harassment Claim Against Alabama State&body=Court Upholds $1M Sexual Harassment Claim Against Alabama State%0Ahttps%3A%2F%2F \ue90a Subscribe to Newsletter (/subscribe/) Court Upholds $1M Sexual Harassment Claim Against Alabama State September 5, 2013 (mailto:? subject=Court Upholds $1M Sexual Harassment Claim Against Alabama State&body=Court Upholds $1M Sexual ( u= ( original_referer=https%3A%2F%2Fw ( offsite/? url= ( print) Article ( Federal judges have rejected Alabama State University\u2019s appeal of a $1 million court judgment for sexual harassment. The Montgomery Advertiser reported that the 11th U.S. Circuit Court of Appeals ruled against the school in a 23-page decision on Tuesday. (/) Featured Stories Going After \u2018Anti-American Bias\u2019 in the Workplace ( \u2018Hallucinations\u2019 in Court Spell Trouble for Lawyers ( Articles Jobs Markets Search news, trends, videos and more Skip to content News (/news/) Magazines (/magazines/) Jobs (/jobs/) Subscribe (/subscribe/) 2/22/25, 6:27 Court Upholds $1M Sexual Harassment Claim Against Alabama State 1/5 \ue902 Email This (mailto:?subject=Court Upholds $1M Sexual Harassment Claim Against Alabama State&body=Court Upholds $1M Sexual Harassment Claim Against Alabama State%0Ahttps%3A%2F%2F \ue90a Subscribe to Newsletter (/subscribe/) Categories: Southeast News ( Topics: Alabama State ( college sexual harassment ( Have a hot lead? Email us at [email protected] (mailto:[email protected]) Harassment Claim Against Alabama State%0Ahttps%3A%2F%2F Hard-to-place Markets? Find exactly what you need. Search our database of more than 700 companies and 22,000 market listings. Find Markets MyNewMarkets.com Three former employees won more than $1 million total in a lawsuit that claimed two top administrators made numerous inappropriate comments and created a hostile work environment. Alabama State President Emeritus William Harris said the university disagrees with the ruling. \u201cWe continue to deny the discrimination as alleged by the plaintiffs in this case,\u201d Harris said. \u201cWhile we don\u2019t agree with the court\u2019s finding want the public to be assured we have taken and continue to take seriously any allegation of discrimination. We will address appropriately any allegation of discrimination lodged against any person at this University.\u201d Harris said the university would not tolerate any form of discrimination. The suit accused former chief operating officer John Knight of repeated sexual advances. It claimed associate executive director LaVonette Bartley used racial slurs. The judges wrote that the case should concern every Alabama taxpayer. They say they\u2019re left to wonder who is in charge at the school. Copyright 2025 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed (/LOCATION/ALABAMA/) Was this article valuable The most important insurance news, in your inbox every business day. 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Privacy Policy (/privacy/) \| Terms & Conditions (/terms/) \| Site Map (/sitemap/) Academy of Insurance ( Carrier Management ( 2/22/25, 6:27 Court Upholds $1M Sexual Harassment Claim Against Alabama State 5/5", "7206_106.pdf": "Summary of Bully Laws & Legal Cases: 'Justice is served': Jury returns more than $1M sexual harassment verdict against Alabama State University federal jury returned a verdict totaling more than $1 million Friday evening against Alabama State University. The jury found that the school had allowed an administrator to create a hostile work environment by racially and sexually harassing three female employees and that the women were retaliated against after they filed complaints. \"Justice is served,\" said Cynthia Williams as she walked out of the courthouse about 6 p.m. Friday, alongside the two other plaintiffs, Jacqueline Weatherly and Lydia Burkhalter, who echoed the sentiment. The jury of four men and four women returned a verdict that includes compensation for emotional pain and mental anguish; back pay for Williams and Burkhalter, who were fired; and lost leave time for Weatherly. The jury found that Lavonette Bartley, an employee for about 27 years, created a racially hostile environment for all three women. She was accused of regularly using the N- word, calling one of the plaintiffs a \"white bitch\" and a number of other specific allegations. The jury also ruled in favor of Burkhalter's claim of sexual harassment. The jury of four men and four women awarded Weatherly $350,000; Burkhalter $230,000; and Williams $213,500 for emotional pain and mental anguish. Jurors also awarded Williams $141,573.76 and Burkhalter $94,592.51 in back pay and Weatherly $9,453.06 in lost leave time. Jury-returns-more-than-1M-sexual-harassment-verdict-against-Alabama-State-University 15 at Colby sanctioned for sexual misconduct Colby College, a small liberal arts school in Maine, has found that the actions of 15 students violated the school\u2019s sexual misconduct policy, leading to suspensions and campuswide soul- searching. While administrators are silent on the specifics of the November incident that sparked the investigation, they said students committed a range of infractions, from sexual misconduct and sexual harassment to lying to college officials and conspiring to obstruct an investigation dozen students were suspended for a semester of more, two students voluntarily withdrew from Colby, and one case is pending. Citing federal privacy regulations, Colby administrators declined to identify the students involved or disclose details of what took place, beyond saying that a student contacted college authorities on Nov. 6 alleging that \u201csome members of our community have violated Colby\u2019s sexual misconduct policy.\u2019\u2019 While school administrators won\u2019t divulge information that could identify students, the student newspaper, The Colby Echo, reported that members of the football team were among those implicated. The college contacted the Waterville Police Department to determine if the allegations constituted a crime. The police consulted the district attorney\u2019s office. Law enforcement authorities determined that a crime had not been committed. Under Maine law, unlawful sexual contact has occurred if someone is under the legal age of consent or is mentally and physically unable to consent; if someone is drugged or threatened; and if there is an authority-figure relationship, including teacher/student and psychiatrist/patient. \u201cThere are all sorts of sexual misconduct that are not criminal,\u2019\u2019 Rumsey said. Colby\u2019s policy declares that acts of sexual misconduct include unwelcome conduct of a sexual nature, including assault, harassment, voyeurism, intimidation, and \u201csurpassing boundaries of consent (i.e. permitting others to secretly watch you engage in sexual activity).\u2019\u2019 On Feb. 6, about 200 students gathered for another forum about the effect the scandal has had on the school. The conversation has moved beyond the specifics of the November incident and issues of sexual behavior. misconduct/RvMZ4GwgoWLtDDVjl6UnnK/story.html School District Changes Policy Blamed for Bullying The Anoka-Hennepin School District in Minnesota on Monday night ended a policy in which teachers had to remain neutral if issues of sexual identity came up in class. The board replaced the policy, blamed for contributing to a school culture that led to the bullying, and eventually the suicides, of several gay students, with one that promotes \"a respectful learning environment in which teachers facilitate student discussions of contentious topics in a balanced and impartial manner,\" the school district said. Minnesota's largest school district, Anoka-Hennepin has been under investigation by the federal Department of Education's office for civil rights since 2010. The district's former neutrality policy was created in 2009 to undo a 1995 directive to teachers that said homosexuality would not be taught as a \"normal, valid lifestyle\". Soon after adopting its new policy, the school district settled a lawsuit brought by a high school student taking classes at Anoka Technical College who was harassed by two teachers during the 2007-08 school year. One of the teachers singled out the student almost daily in the presence of other students, saying his \"boat floats in a different direction than the rest of the guys in the class,\" and his \"fence swings both ways,\" a report by the group said. The new policy, called the Respectful Learning Environment-Curriculum policy is intended to establish the dignity and self-worth of all students. The policy opens with a commitment to a safe and respectful learning environment for all students and an education that respects all students and their families. It says teachers must follow the board-adopted curriculum and acknowledges that political, religious, social or economic issues may be contentious in a learning environment \"in which conflicting views are held by a broad segment of people in our schools, our community and our nation,\" the school district said. The new policy says the district does not take positions on these issues and that staff shall not attempt to \"persuade students to adopt or reject any particular viewpoint with respect to these issues.\" When contentious issues are discussed, the conversations must be appropriate for the developmental level of students, related to the course content, and presented in a balanced manner with varying points of view, the district said. They should be designed to help students \"think critically and develop decision-making skills and techniques for examining and understanding differing opinions.\" And during these discussions, staff \"shall affirm the dignity and self-worth of all students,\" the policy states. Students cyberbully principals; Court throws out cases The U.S. Supreme Court decided not to clarify the grounds in which students can be punished by public schools for off-campus online activity this week. On Tuesday, the court turned down two appeals from Pennsylvanian schools that were successfully sued by students who were suspended for derogative social media activity. The students in question created mock profiles of their principals as sex addicts and drug users on MySpace. The appeals court saw the cases as \u201cvulgar, juvenile and nonsensical that no reasonable person could take its content seriously.\u201d In addition, the activities did not take place on school grounds, and were outside of school hours. The cases highlight how social media has blurred the lines between on-campus and off-campus speech, and has put a school\u2019s duty of care responsibilities in to question. These rulings are an example of how confused the current legal system is when it concerns expanding social networking and the clash of free speech rights. In the UK, a school still is considered to maintain duty of care outside of school grounds and hours to a certain extent. If a child is bullied at a bus stop, for example, then the school can still issue detentions and bring the attention to parents. The court cases above come down to location \u2014 if a child paraded down a school corridor with a sign calling their principal a pedophile, then no-one would blink at their immediate suspension. However, doing it online, under an imagined distance from reality, means that parents believe they can sue school districts for punishing their children. The intention is exactly the same. Duty of care should relate both to students and staff, and online bullying campaigns, or comments that could future cause civic libel suits, should be treated in exactly the same manner as someone making the remarks on school grounds. Online bullying allows for a wider scope of abuse \u2014 as people join, what was once an off-hand remark by one student becomes an online campaign. Schools too may have underestimated the power of social networking \u2014 and now the law has been left behind. The recent cases offered the justice system a chance to update their student- speech rulings for the modern age. Instead, they are still basing decisions on a ruling from 1969 \u2014 which says schools cannot punish \u2018non-disruptive\u2019 speech. Whether words are stated verbally or online, the mental impact remains similar. Perhaps it is worse digitally, as online bullying can be accessed by a wider audience. Student protection can go too far, in order to avoid court cases or bad publicity for a school district. Why is it that a child can call a teacher a pedophile or rapist online, sue, and then be considered the victims? The teachers often doesn\u2019t, or can\u2019t, sue in kind for defamation \u2014 even though it can cause severe embarrassment and may affect both their personal and professional reputation. Some may argue that it is simply stupid, juvenile nonsense, and yet what lessons are we teaching children if they are not taught how to conduct themselves properly online? Who will children blame when they call their future employer a \u2018fag\u2019 on Facebook, in the public domain, then get fired or face a libel case? Instead of explaining to their children why this behaviour is unacceptable, reading them the riot act and creating a sensible punishment, the parents choose to sue the school. Cyberbullying among young people is on the rise, and yet there are no clear guidelines that school districts can follow. School officials seem to be \u2018pick and mix\u2019 when it comes to online behaviour \u2014 they can fire a member of staff for an image on Facebook, but a child\u2019s right to free speech is protected, no matter if they are accusing education professionals of being sex offenders or worse. Why do we consider it acceptable for students to harass each other or educational staff online, whereas if they did the same in public, it is not socially correct behaviour child walking down a school hall with a banner saying \u2018my teacher is a pedophile\u2019 is punishable, but for them to commit the same act, just using an online medium, parents defend their darlings and attempt to claim damages from the legal system. Perhaps children don\u2019t realise that their physical and online identities are one and the same. There is no hidden wall of privacy online, and you should be held accountable for your actions if they are damaging in any way. It is not about censorship or reducing free speech \u2014 it is about duty of care for both other students and teachers. Children should be taught correct online behaviour, and teachers shouldn\u2019t have to deal with that kind of disrespect online. They have enough of it every day. cases/14722?tag=nl.e539 Berkeley school district settles sexual harassment case The settled case centers on a Berkeley High counselor accused of sexually harassing a 16-year- old female student in the 2009-2010 academic year. The Berkeley School Board last night voted to approve a settlement in a federal sexual harassment lawsuit against the Berkeley Unified School District, which includes compensation of $57,500 and conditions imposed on Anthony Smith, the Berkeley High counselor at the center of the case has also committed to revising its training and policies on sexual harassment as part of the settlement denies any liability in this case. Lilah R. (the fictitious name under which she sued) was a 16-year-old junior at Berkeley High in the 2009-2010 school year when she, she said, she was subjected to persistent and pervasive conduct of a sexual nature by Smith, her academic counselor. Lilah R. reported that Smith caressed her inner thigh and made unwelcome comments, such as he wanted to \u201cshare feelings\u201d with her, asked her if she slept naked, and asked to work out together. Although Smith denied the charges in Lilah R.\u2019s complaint, an initial investigation found that Lilah R. was the more credible witness and that Smith\u2019s conduct was \u201cinappropriate and unprofessional.\u201d Lilah R. sued after rejected the family\u2019s suggestion to remove Smith from the high school campus. Lilah R., who is now 18, said: \u201cStudents should feel safe when they go to school. I\u2019m happy the school district is making changes that should help other girls like me.\u201d The district will update its Student Handbook to include specific contact information for students who wish to report sexual harassment. The Berkeley High will be asked to convey to parents the resources available to them and their child should a complaint arise. And an advisory committee of parents and District staff will meet to clarify BUSD\u2019s sexual harassment policy and its procedural timeline. Tennessee Bill Would Give Anti-Bullying Laws \u2018Religious And Political Beliefs\u2019 Loophole proposed bill in Tennessee would create a loophole in the state\u2019s anti-bullying laws to protect those expressing religious, philosophical or political beliefs, which one proponent says would ensure that people can still express their \u201cviews on homosexuality.\u201d The proposed bill would amend the state\u2019s current anti-bullying laws to specify that the anti-bully policy should \u201cnot be construed or interpreted to infringe upon the First Amendment rights of students and shall not prohibit their expression of religious, philosophical, or political views\u201d as long as there\u2019s no physical threat or threat to another student\u2019s property. Gay rights activists in the state say the new bill would create a \u201clicense to bully\u201d gay teens, and point to the suicide of a teenager named Jacob Rogers, who had reportedly been repeatedly bullied for being gay. Tennessee\u2019s legislature previously considered a \u201cdon\u2019t say gay\u201d bill \u2014 which prevented teachers from discussing gays and lesbians with students in grades K-8 \u2014 but it also stalled in the last session. In November, Michigan\u2019s Republican-led state Senate approved a bill with similar language that carved out a \u201cmoral convictions\u201d loophole for bullies, but they backed off and compromised in the resultant controversy. bullying_laws_a_religious.php Emerson board of education to pay former student $130K in bullying settlement The Emerson Board of Education has settled a lawsuit brought by a former student who said bullying linked to his perceived sexual orientation over a six-year period was ignored by school administrators. The student, who was not named in the complaint, will receive $130,000 from the Bergen County school district, in what could be one of the largest settlements of a legal challenge over bullying in state history. \"This is a fair outcome that resolves troubling allegations \u2014 a young man subjected to persistent harassment by other students over a period of six years,\" Attorney General Paula Dow said in a statement Friday state law adopted last year in the wake of Rutgers University freshman Tyler Clementi\u2019s suicide is the toughest anti-bullying law in the nation and could produce an increase in bullying suits brought against school districts by the state, a spokesman for the Attorney General\u2019s office said finding of probable cause issued by the state Attorney General\u2019s Division on Civil Rights last year details extensive alleged bullying. State investigators found the Emerson student was regularly called \"gay,\" \"clueless\" and other derogatory names throughout middle and high school. He was also assaulted physically and taunted online, according to the complaint. The abuse became so severe and emotionally damaging that the teen spent his final months of high school being home-schooled to avoid his tormenters, according to the complaint. In all, the student\u2019s parents reported 17 instances of bullying and harassment to district officials, the complaint said. Two similar lawsuits against New Jersey school districts in which students have claimed administrators ignored their reports of bullying are pending before administrative law judges. In Old Bridge, a student was allegedly bullied for being Jewish and the perception that he was gay. In Gloucester County\u2019s Franklin Township, an elementary school student allegedly suffered race-based bullying over a four-year period. Jury finds in favor of principals, school system in bullying lawsuit lack of evidence led a Baltimore jury to rule that two principals were not negligent in a $1.3 million bullying lawsuit against the city school system, but jurors said they were also conscious of a snowball effect that could subject systems around the country to a barrage of lawsuits. \"This weighed heavy on us because we realized what we did would affect systems nationwide,\" said Carl Armstrong, who served as Juror No. 6 in the four-day trial. \"We took that heavily into consideration, because we knew we could open the possibility of lawsuits \u2014 from past, present and future parents of students \u2014 against schools across the country, and Baltimore City would have been at the forefront.\" The jury returned their decision Thursday morning in the lawsuit brought by parents Edmund and Shawna Sullivan, who alleged that their special-needs son and their older daughter were bullied while attending Hazelwood and Glenmount elementary schools and that their complaints were ignored by the principals. The jury said that a lack of documentation, witnesses and testimony was the primary reason the Sullivans lost the case. On Wednesday, Circuit Judge W. Michael Pierson granted the district's motion to throw out nine of the 13 counts, leaving the principals to each face a negligence and gross negligence count. 20111222_1_hazelwood-and-glenmount-principals-union-shawna-sullivan Suit in Mass. bullying case was settled for $225K lawsuit brought by the parents of Phoebe Prince, a 15-year-old Irish immigrant in Massachusetts who committed suicide after relentless bullying, was settled for $225,000. The settlement was reached more than a year ago, but the details weren't disclosed until Tuesday after a journalist won a court order for the release of the information. The documents show that Prince's parents settled claims against the town of South Hadley and its school department for $225,000. In return, the parents promised to release the plaintiffs from any further claims. The American Civil Liberties Union represented Slate reporter Emily Bazelon. Prince hanged herself in January 2010 after classmates taunted her after she dated a popular boy. Five students later accepted plea deals in criminal cases connected with bullying that preceded her death. State school board approves anti-bullying policy to include gay, lesbian students For the first time in state history, gay and lesbian students will be expressly protected from school bullying after the West Virginia Board of Education unanimously adopted a new anti- bullying policy Wednesday. Under the new policy, bullying based on 13 categories including race, religion, ethnicity, and sexual orientation and \"gender identity or expression\" qualifies as a Level 3 disciplinary offense. Punishments for harassment can range from detention to suspension from school for 10 days. Students can also be punished for \"vulgar or offensive speech\" online if it disrupts school learning. \"Students and teachers alike are entitled to a safe educational environment,\" said state Superintendent of Schools Jorea Marple. \"This policy addresses behavior and school safety comprehensively by addressing inappropriate behaviors proactively to promote safe and supportive learning conditions.\" The policy will go into effect July 1. Across the country, 14 states have drafted bullying laws that include protections for students, said Alison Gill of the Gay, Lesbian and Straight Education Network, a national group that tracks protections in schools around the country. Study Finds Only 13 State Laws Address Off-Campus Bullying Just 13 states give schools the ability to intervene when behavior off campus creates a hostile environment at school, a new review of state bullying laws by the federal Department of Education. Dealing with off-campus issues that end up surfacing at school has been a challenge for schools, although they have been warned by the Education Department's Office for Civil Rights that if they don't act in cases of suspected bullying, they could be violating students' civil rights letter last year says \"a school is responsible for addressing harassment incidents about which it knows or reasonably should have known.\" The review finds that many states do ban cyberbullying or bullying on electronic media, where the off-campus issue can really come into play. The researchers said \"school jurisdiction over off-campus conduct is particularly relevant to issues of cyberbullying because students often commit acts of cyberbullying outside of the school setting using their own technology, rather than relying on school-owned or -leased computer systems. Experts cited by the researchers argue the need for schools to develop provisions for responding to any off-campus speech and behavior that results in 'substantial disruption of the learning environment.' \" The review also rated states, 46 of which have bullying laws, and found of those, only Maryland and New Jersey have all of the key components researchers were looking for. Those components include where the law applies, definitions of bullying, whether relational aggression is banned in addition to verbal and physical acts, if the law addresses cyberbullying, whether groups of students who are protected are listed, and if school districts are required to create bullying policies. Of the states that do have laws, 41 have model policies in place to guide school districts on creating their own bullying rules. But districts rarely addressed the mental health of students who are bullied, something researchers thought was critical. When bullying and its effects go unaddressed, the long-term effects can include depression and suicide. Bullied For Being Autistic? 12-Year-Old Student Hangs Himself 12-year-old Michael Raven was found hanged in his bedroom at his home in Burnley, Lancashire, in the UK. The cause of Michael\u2019s death has yet to be confirmed but police are not treating his death as suspicious. Michael was a student at St. Wilfrid\u2019s Church of England Academy and, following his tragic death, Facebook tributes have emerged that claim that he was teased and bullied by girls because he was autistic. For students on the autism spectrum, there is no question that bullying is a huge concern. Social interactions can be very challenging for autistic individuals and all the more so for children who, as Michael was, are 12 years old \u2014 are entering adolescence and the teenage years. Students who are bullied are very likely not to come forward and inform school authorities, their parents and others, for a whole host of reasons including shame and the fear that nobody will believe them. One in five teens say they were bullied in the past year. Beyond mean and cruel behavior on social network sites, the more serious issue of bullying among youth has garnered increased attention in the U.S. in recent years. Yet, new research suggests that the rhetoric adults use to talk about bullying may not align with the language teens use to describe the same kinds of behavior. As such, reported instances of \u201cbullying\u201d may not be capturing the full picture of the sustained and hurtful harassment that is happening among youth. Overall, 19% of teens report that they have been bullied in the last 12 months under at least one of the four scenarios we queried in our survey \u2013in person, by phone, text messaging, or online. And within that 19% who have been bullied, 50% of these teens say they were just bullied through one mode, while 50% said they were bullied in more than one place. When teens were asked directly about instances of bullying over the past 12 months, the most common type of harassment reported was in-person. Some 12% of all teens ages 12-17 say they have been bullied face-to-face in the past year. Younger teens ages 12-13 are more likely than older teens ages 14- 17 to say that they have experienced in-person bullying in the last year (17% vs. 10%). Looking more closely at variations by age, 12-year-olds stand out as reporting the most in-person harassment, with 22% saying they had to deal with bullying in the last year. When younger teens and older teens are grouped together, there are no significant differences by gender and reported incidences of in-person bullying. There is a gap but not one that is large enough to be statistically significant: 9% of all boys ages 12-17 say they have experienced some form of in-person harassment in the past 12 months, compared with 15% of girls. However, when older and younger teens are sorted by gender, older teen boys ages 14-17 do stand out for being significantly less likely to say they have endured in-person bullying in the past year (only 5% report this compared with 15% of older teen girls). Fewer than one in ten teens report being bullied by phone, text, or online. While the vast majority of teens, 87%, say they haven\u2019t experienced in-person bullying over the past year, harassment that occurs through other communications channels can be equally hurtful. Overall, 9% of teens ages 12-17 say that they have endured bullying via text messaging. Another 8% say they have experienced some form of online bullying \u2013 such as through email, a social network site, or IM. And 7% say they have been bullied over the phone. Surprisingly, although younger teens are more likely to experience in- person bullying, they are no more likely than older teens to report bullying in any other situation \u2013 via text messaging, online, or by phone. The situation with gender is just the opposite; while the gender differences with in-person bullying were not quite large enough to be significant, they are statistically significant for every form of technology-mediated bullying. Girls are more likely than boys to report bullying in every case. Teen girls are more likely than boys to report being bullied by text messaging (13% vs. 5%), online (12% vs. 4%), and by phone (11% vs. 4%). number Bullying\u2019s rising toll of suicides has political leaders taking action As another students\u2018s suicide reverberated across Quebec, schoolyard bullying was exploding into the political spotlight, with Ontario on Wednesday unveiling tough legislation that could lead to expulsion for students who send classmates hateful text messages or shove them in the hallways at school. Quebec on Wednesday said it would review its school anti-violence programs, and Edmonton\u2019s school board on Tuesday evening joined the Canadian school districts that have voted to adopt an anti-bullying policy for sexual minorities. \u201cWe want our schools to be warm, welcoming, safe, secure and accepting,\u201d Ontario Premier Dalton McGuinty said when the new law was introduced. \u201cWe want all our kids to feel free to be who they are.\u201d The worst fate currently facing students in Ontario caught bullying is a temporary suspension. The political efforts follow a grim tally of adolescent suicides. Quebec set up a program in 2008 to counter schoolyard violence, and about 80 per cent of schools have implemented it. Although rates of adolescent suicide in Canada have declined since the early 1980s, it remains the second- leading cause of death among teenagers, after car accidents. In 2007, the most recent year with available data, 218 people between 10 and 19 committed suicide. Bullying, meanwhile, remains a pervasive problem 2009 survey of Ontario students in Grades 7 through 12 by the Centre for Addiction and Mental Health found that almost one in three students has been bullied. leaders-taking-action/article2255929/?cmpid=nl-news1 Governor Signs Anti-Bullying Law Michigan is now one of 48 states with an anti-bullying law. Governor Rick Snyder signed a measure into law today that requires all school districts to adopt anti-bullying policies. The bill does not require those policies to include lists of the characteristics that should be protected from bullying - including weight, gender, and sexual orientation. State officials estimate 25 percent of school districts in Michigan do not have anti-bullying policies already in place. Snyder says he would like state lawmakers to continue to look into the importance of protecting kids from bullying on the internet and via cell phones. Before this week, Michigan was one of three states with no anti-bullying law. Anonymous tip line set up for victims of bullying Although school districts throughout the country have been on a crusade against bullying, some students are still afraid to speak up to administrators about problems they may be facing. In an effort to have more students notify administrators about bullying, Jennifer L. Gaffney- Goodnough, Sackets Harbor Central School District principal, signed the school up on This website is free to any school. \u201cAs a community service, anonymoustips.com is providing a completely anonymous email capability for people to send leads and tips to schools, local police departments and/or government agencies,\u201d according to the mission statement on the website. The website also encourages tips on stalking, Internet harassment, domestic abuse and other harmful activities. The Sackets Harbor district signed up to allow students to send tips via the website last year, but Ms. Gaffney-Goodnough said it really took off with the students this year. In October, the school\u2019s \u201cvirtue of the month\u201d was observance of laws and order. The high school science department created a presentation about anonymoustips.com for grades six through 12 to make sure students were aware of the site and how to use it. Ms. Gaffney-Goodnough has received about 20 tips since the beginning of the 2011-12 school year, including some about peer drug use. She receives the tips in her email inbox as soon as a student hits send on his or her computer. When Ms. Gaffney-Goodnough receives a tip, she calls the student who has been accused of bullying to her office to discuss potential consequences. Depending on the detail of the tip, the student\u2019s parents might be called to let them know what their child has been accused of. \u201cBecause these tips are anonymous, we can\u2019t handle them in disciplinary ways,\u201d she said. \u201cWe have to use these moments as teachable moments.\u201d Cops: No charges in suicide of bullied gay teen Police investigating the suicide of a bullied gay teenager said Tuesday that offensive comments he endured online and at school couldn't be considered criminal and that no charges would be filed. Amherst investigators last month sent 14-year-old Jamey Rodemeyer's computer and cellphone to a forensics lab to help determine whether anyone should be prosecuted for the bullying he often talked about before taking his life Sept. 18. They also interviewed Jamey's family, friends and peers, uncovering five bullying episodes at Williamsville North High School, where he'd just begun his freshman year, Chief John Askey said. \"He was exposed to stresses in every facet of his life that were beyond what should be experienced by a 14-year-old boy,\" Askey told reporters during a news conference at police headquarters. But neither the in-school bullying episodes, one of which involved pushing and an anti-gay remark, nor \"insensitive and inappropriate\" online comments were found to be prosecutable, Askey said, in part because the victim is dead and unable to help prove harassment or other charges that might have been filed. \"I'm not satisfied, to be honest,\" said Askey, adding that officers had devoted hundreds of hours to the investigation would like to have seen something we could have done from a prosecution standpoint.\" The investigation determined that three students had targeted Jamey in high school, one of whom hired a lawyer after Jamey's death. Those students weren't the ones commenting inappropriately in online forums, the investigation determined. Anonymous posts on a Formspring account Jamey opened said \"Kill your self!!!! You have nothing left!\" and \"Go kill yourself, you're worthless, ugly and don't have a point to live.\" While Jamey had told his parents the taunting he'd endured in middle school had not carried over to high school, he posted online notes ruminating on suicide, bullying, homophobia and pop singer Lady Gaga. After he hanged himself outside his home in suburban Buffalo, activists, journalists and Gaga herself seized on the suicide, decrying the loss of another promising life to bullying. Even though no criminal charges will be filed, Askey said there have been other consequences. Anti-bullying legislation attacked for allowing bullying Anti-bullying legislation just approved by the Michigan Senate has been denounced by the father of the teenager for whom it was named because, he said, it actually allows bullying to continue. The legislation, called \u201cMatt\u2019s Safe School Law,\u201d was named after Matt Epling, an honor-roll student who killed himself at the age of 14 in 2002 after being assaulted by anti-gay bullies at his school. The draft law, which passed the state Senate with 26 Republican votes against 11 Democratic votes and now advances to the lower house, includes language inserted before the vote that says the bill \u201cdoes not prohibit a statement of a sincerely held belief or moral conviction\u201d of a student or school worker. Activists say that the provision gives bullies license to prey on other students \u2014 especially those who are gay, lesbian or transgender \u2014 and, at least as important, gives bystanders who should be trying to stop bullying an excuse not to intervene. The boy\u2019s father, Kevin Epling, says the law, \u201cwould basically say it is okay to bully or to ignore instances of bullying based on your own religious beliefs and/or moral convictions, which is contrary to the rest of the bill and it is definitely contrary to what I\u2019ve been telling students, to step in and step up when they see this taking place in their school. As a society, we need to decrease the bystander effect, those who sit idly by and watch as things happen.\u201d The added provision in the legislation, he said, would allow people to watch bullying happen to someone they think deserves it based on a religious or moral belief. Bullying is a big problem across the country. Government statistics show that at least a third of students ages 12 to 18 report being bullied during the school year. Most states have a law that makes bullying illegal, but there is little enforcement. One of the most important aspects of anti-bullying programs in schools is teaching students \u2014 and the adults in the school building \u2014 how to safely intervene to stop students from being harassed and assaulted. In fact, experts say anti-bullying programs can\u2019t work without this kind of training. The bystander syndrome is tough enough for adults to break. It is imperative that anti-bullying programs focus on this issue and give nobody an excuse not to intervene. According to a Web site devoted to Matt Epling, the teenager was attacked by upperclassmen on his last day of eighth grade during a \u201cWelcome to High School\u201d hazing activity. Little was done to those who assaulted him at the time. Forty days later, he took his own life. allowing-bullying/2011/11/05/gIQARflapM_blog.html New Laws Take Aim at Bullying The issue of bullying rose on state legislative agendas this year, with 21 states passing anti- bullying laws\u2014some of which expanded schools\u2019 responsibilities to keep a check on any harassment that goes on among their students. States set out to write clear definitions of bullying and to regulate school policies and responsibilities in reaction to the U.S. Department of Education\u2019s stepped-up focus on the behavior, renewed public concerns following a series of high-profile student suicides, and an increase in cyberbullying. But anti-bullying legislation is a relatively new priority, and legislatures are still refining their strategies. States began passing anti-bullying laws in earnest in the early 2000s, according to Josh Cunningham, a research analyst for the National Conference of State Legislatures, also in Denver. By late 2005, 17 states had passed anti-bullying legislation. By last week, only Michigan, Montana, and South Dakota had no such laws, according to the ECS. Bullying has come to the forefront this decade partly as a result of the deaths of several students and the rise of the behavior online. States in which suicides have occurred, such as New Jersey, cite the high-publicity tragedies as spurs in the creation of their laws. Though the laws vary from state to state, several trends in this year\u2019s batch were clear, according to the and the ECS. They include: \u2022 Expanding the definition of bullying to include cyberbullying, with schools in states like Connecticut and New Jersey now responsible for addressing some incidents that take place off school property. \u2022 Spelling out who are the potential victims of bullying, such as students who are gay, lesbian, bisexual, or transgender. \u2022 Increasing protections for victims of bullying and those who report it. \u2022 Mandating professional development for teachers and education for students on the issue. Alabama: Youths bullied in wake of immigration law It was just another schoolyard basketball game until a group of Latino seventh-graders defeated a group of boys from Alabama. The reaction was immediate, according to the Mexican mother of one of the winners, and rooted in the state's new law on illegal immigration. \"They told them, 'You shouldn't be winning. You should go back to Mexico,' \"said the woman, who spoke through a translator last week and didn't want her name used. She and her son are in the country illegally. Spanish-speaking parents say their children are facing more bullying and taunts at school since Alabama's tough crackdown on illegal immigration took effect last month. Many blame the name-calling on fallout from the law, which has been widely covered in the news, discussed in some classrooms and debated around dinner tables. Justice Department officials are monitoring for bulling incidents linked to the law. \"We're hearing a number of reports about increases in bullying that we're studying,\" the head of the agency's civil rights division, Thomas Perez, said during a stop in Birmingham. The Justice Department has established a bilingual telephone hotline and special e-mail account for residents to report any violence or threats based on racial or ethnic background that could be linked to the law. Officials would not provide a breakdown on the types of complaints being received. Efforts redoubled against school bullying in San Mateo County San Mateo County school districts, spurred by a recent grand jury report that pointed out a lack of policies specific to bullying, are working to strengthen their procedures. The governor has signed anti-bullying bills into law, and the federal government already launched several initiatives to address student-on-student harassment. Local students are also doing their part, whether it's participating in a simple round-table discussion or planning a rally to encourage other youngsters to stand up to bullying. Online bullying can be particularly devastating, said Dan Morgan, Fusion's chief administrator. \"It's there forever. It's easy to say something anonymously, and it can really, really hurt.\" Brian Buntz, executive director of the youth- development nonprofit Dream Volunteers in Redwood City, agreed with that assessment. \"What the Internet has done, especially social websites, is it has given young people tools to engage in bullying-type activities behind closed doors,\" Buntz said. As part of the nonprofit's anti-bullying campaign, which is being launched this year, teen members are organizing a free concert and rally to raise awareness of the severity of the problem. The event, which targets middle school students and their parents, is scheduled for 3:30 p.m. Oct. 24 at the Fox Theatre in Redwood City. According to the latest figures from the National Center for Education Statistics, 28 percent of students ages 12 to 18 reported that they endured bullying such as punching, name-calling and the posting of insulting messages online on a repeated basis during the 2008-09 academic year. About 6 percent of students in that age group reported being cyberbullied in 2008-09, according to the center higher percentage of students who were cyberbullied skipped school or got into campus fights than those who were not cyberbullied, the center said. According to the National Bullying Prevention Center, more than 160,000 children in the country miss school every day just to avoid being bullied. In California, Gov. Jerry Brown has approved a pair of anti-bullying laws. Assembly Bill 9 requires districts to have a uniform process for addressing bullying complaints. It also mandates that school personnel intervene, so long as it's safe to do so, if they see bullying. Assembly Bill 1156 requires that all school employees go through bullying- prevention training. It also allows bullying victims to change schools in their district. Anti-dating-violence law rarely used against boys law designed to prevent teenage dating violence sees more use in central Ohio as a way to resolve disputes between girls. In Richland County, eight of nine requests for civil protection orders against juveniles have come from girls against other girls. One involved a girl against a boy. Protection orders restrict contact between individuals by imposing penalties if contact occurs person must feel threatened physically or emotionally to petition for a protection order; a criminal offense is not required, said Licking County Juvenile Court Magistrate Chris Strefelt. Emergency protection orders must be addressed within one day. Licking County Juvenile Court has received 16 requests since a law permitting them took effect June 17, 2010. None of the requests has stemmed from dating violence, which was the original intent of the law, Strefelt said. Nearly half of requests come from girls in dispute with other girls, according to juvenile court records. The Ohio General Assembly passed legislation in March 2010 that would allow people to file protection orders against individuals younger than 18. The law was named after Shynerra Grant, a 17-year-old girl from Toledo who was fatally shot by her ex-boyfriend in 2005. Shynerra attempted to obtain a civil stalking protection order after her ex-boyfriend broke her jaw in 2004; she was unsuccessful. violence-law-rarely-used-against-boys U.S.: Bully victims need more help in law report by the U.S. Commission on Civil Rights finds federal laws and many states do not fully protect all students from peer-to-peer bullying and harassment. The report, \"Peer-to-Peer Violence and Bullying, Examining the Federal Response,\" ( examined the role played by the Departments of Education and the Department of Justice in addressing peer-to-peer discrimination on the basis of race, national origin, religion, disability, sex and/or lesbian, gay, bi-sexual and transgender status. Specifically, the commission's found: Bullying and harassment based on sex, race, national origin, disability, sexual orientation or religion, are harmful to American youth. Federal civil rights laws do not provide the U.S. Department of Education with jurisdiction to protect students from peer-to-peer harassment that is solely on the basis of religion. Federal civil rights laws do not protect students from peer-to-peer harassment that is solely on the basis of sexual orientation. The U.S. Commission on Civil Rights is an independent, bipartisan agency charged with monitoring federal civil rights enforcement. 66041317423757/#ixzz1ZkLp0XFk 'Bullying: Words Can Kill' 48 Hours Special Addresses School Bullying As students are heading back to school for the start of a new year of learning, for many, the focus is beyond the scope of the textbook. Every day, 160,000 kids miss school because they're afraid of being bullied, according to the National Crime Prevention Council. And when they don't skip school, students say they walk school halls with feelings of desperation, fear and hopelessness -- a constant battle that one mother told correspondent Tracy Smith that she sees just dropping her son Johnny off at school felt like every day was sending him off to war,\" Lisa Cagno told Smith. CBS' 48 Hours aired a special this week, Bullying: Words Can Kill, ( that featured several students from Birchwood Middle School in North Providence followed the students for six months to tell their stories and to delve into the school's efforts to combat bullying. \"You can be bullied for anything nowadays,\" Johnny Cagno tells Smith in the segment. \"You're judged, constantly, whether it's your orientation, your clothing, how you look. You know, everything.\" Studies have shown that beyond the emotional trauma associated with being bullied, students who report being bullied see lower GPAs, especially high achieving blacks and Latinos. Most recently, New Jersey instituted in its schools what is considered to be the toughest anti-bullying law in the country, and its measures have garnered both praise and criticism. In addition to the full segment above, 48 Hours has added several Web extras that were not aired, focusing even more on the students that are featured in the special. Smith also includes a piece on what she was able to learn about bullying by working on the piece for 48 Hours. Bullying Remains Federal Priority; More Research Needed When Congress gets around to revamping the No Child Left Behind law, U.S. Education Secretary Arne Duncan said he'd like to see a provision that calls for surveying students about bullying. Duncan told this to a crowd Wednesday at the second annual national conference on bullying, sponsored by his department and several other agencies. Students should be asked questions about whether they feel safe in school and if they would recommend their school to another student. He said students are a \"huge missing part of the equation\" on addressing bullying. This week's conference coincides with the suicide of Jamey Rodemeyer, a 14-year-old from New York who killed himself Monday. Last year, Jamey recorded a video for the \"It Gets Better\" series, which is intended to give gay, lesbian, bisexual, and transgendered teens\u2014 frequent targets of bullies\u2014hope that their lives will improve. But in recent blog posts, Jamey reported being bullied both in person and online. The current version of the Elementary and Secondary Education Act does contain provisions that address school safety. But part of the goal was to show which schools were dangerous and give students the option of transferring out of them. 12/2011/09/bullying_remains_federal_prior.html School board member: How was bullied at school Dana Smith, of Waddington, NY, is a member of the St. Lawrence-Lewis Board of Cooperative Educational Services and a member of the board of directors of the New York State School Boards Association. She writes: Bullying is, obviously, a problem in our nation\u2019s schools. Sometimes it leads to suicides or lawsuits, and that ends up making headlines. Bullying can also coast under the radar of adults in the form of social ostracizing, taunting and catty postings on the Internet. Bullying can and does happen in cafeterias, auditoriums, gymnasiums and school recreation areas. It can happen during chorus rehearsal, extracurricular activities and even advanced placement classes now realize that was bullied on many occasions when was a student in a small, upstate, rural central school was short and \u201cbig boned\u201d in stature and came from a poor socio-economic family can remember putting on my clothes in the morning and knowing that would be viewed differently by my classmates and the other students in the school, as they often made comments about my size and my appearance. It contributed to what now realize was low self-esteem. While that prompts many students to turn inward, it motivated me to make \u201cfriends\u201d and be part of a group. Now I\u2019m a school board member and therefore in a position to address the issue of bullying. What have we been doing about this problem? Assemblies have been held for students and professional development opportunities have been provided for staff. Peer counselors have been trained. In many school districts, anti-bullying programs are part of the curriculum. The National School Boards Association and my state school board association have offered many seminars on legal and organizational approaches to the bullying problem. School policies have been written and rewritten to try to prevent bullying and ensure it can be swiftly addressed when it does occur. bullied-at-school/2011/09/14/gIQA3ifKTK_blog.html Bullying Law Puts New Jersey Schools on Spot Under a new state law in New Jersey, lunch-line bullies in the East Hanover schools can be reported to the police by their classmates this fall through anonymous tips to the Crimestoppers hot line. But while many parents and educators welcome the efforts to curb bullying both on campus and online, some superintendents and school board members across New Jersey say the new law, which takes effect Sept. 1, reaches much too far, and complain that they have been given no additional resources to meet its mandates. The law, known as the Anti-Bullying Bill of Rights, is considered the toughest legislation against bullying in the nation. Propelled by public outcry over the suicide of a Rutgers University freshman, Tyler Clementi, nearly a year ago, it demands that all public schools adopt comprehensive antibullying policies (there are 18 pages of \u201crequired components\u201d), increase staff training and adhere to tight deadlines for reporting episodes. Each school must designate an antibullying specialist to investigate complaints; each district must, in turn, have an antibullying coordinator; and the State Education Department will evaluate every effort, posting grades on its Web site. Superintendents said that educators who failed to comply could lose their licenses. In most cases, schools are tapping guidance counselors and social workers as the new antibullying specialists, raising questions of whether they have the time or experience to look into every complaint of harassment or intimidation and write the detailed reports required. Some administrators are also worried that making schools legally responsible for bullying on a wider scale will lead to more complaints and open the door to lawsuits from students and parents dissatisfied with the outcome. But supporters of the law say that schools need to do more as conflicts spread from cafeterias and corridors to social media sites, magnifying the effects and making them much harder to shut down. This summer, thousands of school employees attended training sessions on the new law; more than 200 districts have snapped up a $1,295 package put together by a consulting firm that includes a 100- page manual and a DVD. The law also requires districts to appoint a safety team at each school, made up of teachers, staff members and parents, to review complaints. It orders principals to begin an investigation within one school day of a bullying episode, and superintendents to provide reports to Trenton twice a year detailing all episodes. Statewide, there were 2,846 such reports in 2008-9, the most recent year for which a total was available. spot.html Court backs W.Va. school in online bullying case federal appeals court on Wednesday upheld the suspension of a West Virginia student who created a web page suggesting another student had a sexually transmitted disease and invited classmates to comment three-judge panel of the 4th U.S. Circuit Court of Appeals unanimously refused to reinstate Kara Kowalski's lawsuit against school officials in Berkeley County. She claimed her five-day suspension from Musselman High School in 2005 violated her free speech and due process rights, and that school officials lacked authority to punish her because she created the web page at home. The appeals court said the web page was created primarily for Kowalski's classmates, so the school had the right to discipline her for disrupting the learning environment. Other students posted messages commenting on the photos and ridiculing the student, whose parents complained to school officials the next day. Officials concluded Kowalski had created a \"hate website\" in violation of the school's anti-bullying policy. Although the ruling in the Kowalski case was unanimous, University of Arizona cyberbullying expert Sheri Bauman said such cases present \"a real conundrum\" for courts trying to balance students' First Amendment rights against the need to maintain order in schools. \"This is all quite new. That's what makes it so difficult for schools to decide when and where they have the option to intervene,\" said Bauman, director of the university's school counseling program and author of the book \"Cyberbullying: What Counselors Need to Know.\" She said one of the issues that needs clarification is the definition of \"substantial disruption\" of the learning environment. She predicted that the U.S. Supreme Court eventually will be asked for guidance on this and other issues involving school cyberbullying. School bullying reports: Zero in some districts, 4,000 in another To Debbie Johnston, whose son killed himself after years of intimidation by a classmate, not one of Florida's 67 school districts can claim kids there aren't being bullied. Yet nine districts have reported zero incidents in the two years after Florida's anti-bullying law took effect and required them to document and investigate every complaint. One of those districts, Gilchrist County in north Florida, has only four schools and 2,800 students. Bullying isn't a problem, said school board Chairman Robert Rankin. At the other end of the scale is the Palm Beach County School District, with about 172,000 students, where nearly 4,000 bullying incidents were reported from 2008 to 2010 \u2013 many times more than any other district. In between, about half of Florida's districts reported fewer than 10 incidents during the two years. Such wide variations in reporting raise questions about whether Florida is getting what it asked for with the adoption of Jeffrey's Law, named for Johnston's son. Schools are incorporating anti-bullying programs into lesson plans, and administrators, parents and students are talking about the problem more openly. In the years since her son's death, Johnston advocated for anti-bullying legislation, founding the group Students for Safer Schools and helping win the passage of Jeffrey's Law in 2008. Last fall, the U.S. Department of Education took Jeffrey's law and 44 others like it across the country and added another step. The department's Office for Civil Rights now requires states to identify bullying victims based on race, color, national origin, sex and disability to ensure their rights haven't been violated. \"Bullying can be extremely damaging to students, can disrupt an environment conducive to learning, and should not be tolerated in our schools,'' U.S. Secretary of Education Arne Duncan said in a December letter to state education departments. The incidents also can land school districts in court as more parents turn to litigation. Schools are required to adopt anti-bullying programs and many use a prevention program called Olweus, developed at Clemson University, which teaches children they shouldn't be silent bystanders. Principals and teachers also work with parents to identify problems. 244153/?referer=None&shorturl= Rhode Island act prevents cyber bullying, not social media access Rhode Island\u2019s recently-approved \u201cSafe School Act,\u201d created in response to online bullying, seeks to standardize school responses to online bullying issues. And despite some media reports decrying the bill\u2019s apparent ban of all social media at all times, the bill\u2019s author clarifies that social media use is, in fact, encouraged for educational purposes. The act defines cyber bullying as bullying through the use of technology or electronic communication, including eMail, instant messages, impersonating another person as the author of posted content, as well as a variety of other internet communications. The Safe Schools Act is meant to provide a statewide policy of disciplinary actions in response to online bullying, including the prompt notification of parents of both the victim and the bully. The new law also protects students who anonymously report bullying reading of the bill, which details provisions for preventing online bullying both on and off school grounds, reveals one bullet point that reads: \u201cStudents shall be prohibited from accessing social networking sites at school, except for educational or instructional purposes and with the prior approval from school administration.\u201d Rhode Island Rep. Deborah Ruggiero, who authored the bill, says, \u201cThat\u2019s not part of the bill in terms of limiting social media. What it means, though, is bullying has changed dramatically in the past several years because of social media,\u201d Ruggiero said. \u201cYears ago when the bell rang, you left the bullying in the school yard. Today that bully follows you home with Facebook, Twitter, blogs, and instant messaging, so it\u2019s 24/7.\u201d She added that one of the reasons she chose to author the bill was the suicide of Jeffrey Michaelnka, a 16-year-old Rhode Island student. \u201cHe was bullied to the point of suicide,\u201d she said, terming the cause of death \u201cbullycide.\u201d \u201cNo parent should bury a child, and certainly not because of bullycide.\u201d Ruggiero cited a 2010 Rhode Island study that found that 43 percent of students polled said they were bullied in school, while about 60 percent were unsure whether they had been bullied. \u201cEvery single student should feel safe in school. \u2026 State law says that children have to go to school, but they have the right to a safe, secure learning environment, and that\u2019s why wanted to make sure that every student felt safe,\u201d Ruggiero said. Suspension from school will not be listed as a punishment for cyber bullies, however. \u201cWhat happens when you suspend a student? What to do they do? They go home, they get on the computer, and they start blogging. So the last thing you want to do is that,\u201d Ruggiero said. media-access Anti-Bullying Programs Pushed Aside by Federal Budget Woes At the same time that educators, parents and politicians decry bullying and other school violence, the Obama administration has presided over the elimination of all funding for the chief federal program designed to prevent school violence \u2014 a program that had been the backbone for anti- school-violence efforts across the country. From 1987 through 2009, Congress sent hundreds of millions of dollars a year in Safe and Drug Free Schools and Communities grants to the states. That money funded violence prevention programs in almost every school district in the country. But those programs have been running on fumes for the last two years. Faced with federal budget problems, Congress opted in 2009 to eliminate Safe and Drug Free Schools grants entirely. Because districts were allowed to spend Safe and Drug Free School grants they received in 2009 over the course of 27 months, the funding shortfall is slowing rippling to the local level. The cutbacks stunned the counselors and school administrators closest to the programs \u2014 not just because they believe the programs have been well-worth the investment, but also because they thought, that after years of declining budgets, Obama administration officials were sure to be allies. \u201cWe were really surprised,\u201d one state official said. \u201cWe thought we would get more support. We were fighting off Republican plans to make all these cutbacks for years. But then Obama came in, and just like that it\u2019s all gone.\u201d Those involved in violence prevention at the local level say the Safe and Drug Free Schools cuts are dismantling an entire infrastructure of professionals, programs and relationships that has served as the backbone for efforts to combat bullying, drugs and other social problems in the schools. Minnesota\u2019s anti-bullying law among weakest in nation At just 37 words, Minnesota\u2019s law against bullying is one of the shortest in the nation: \u201cEach school board shall adopt a written policy prohibiting intimidation and bullying of any student. The policy shall address intimidation and bullying in all forms, including, but not limited to, electronic forms and forms involving Internet use.\u201d That\u2019s the only requirement. Approved in 2005 and amended two years later, Minnesota\u2019s law leaves individual districts largely responsible for implementing bullying prevention measures six-month Minnesota Public Radio News investigation of bullying policies across the state found a patchwork of policies that don\u2019t always incorporate the newest research on bullying. There is virtually no tracking of bullying incidents by Minnesota school districts, and critics say that makes it impossible to gauge how effective schools are at preventing bullying. What is clear is that bullying persists in every Minnesota school district new analysis by the state departments of Health and Education found that 13 percent of Minnesota sixth-, ninth- and 12th-graders are bullied regularly, once a week or more. The only states with fewer restrictions on bullying are Hawaii, Michigan, Montana and South Dakota \u2014 none of which have laws against it, according to Bully Police USA, a nationwide grassroots group of bullying prevention advocates and researchers. The group, which grades state bullying laws, gave Minnesota a C-, the lowest grade in the nation. 001cc4c03286.html former Rutgers University student who allegedly watched a web video secretly taken of a male student's sexual encounter with another man has been admitted to a pretrial intervention program. Molly Wei pleaded not guilty Friday to two counts of invasion of privacy, according to a statement from the Middlesex County Prosecutor's Office. The case exposed the issue of bullying and suicide on school campuses after a grand jury indictment alleged that Wei's classmate Dharun Ravi secretly streamed online the encounter between his roommate, Tyler Clementi, and another man in September 2010. Should Wei complete the three-year program without additional legal troubles, the invasion of privacy charges for allegedly watching the video will be dropped, the office said. Wei will be required to complete 300 hours of community service and must participate in counseling associated with cyberbullying and alternate and cultural lifestyles. The deal also requires that she testify against Ravi, who allegedly set up the camera grand jury indicted Ravi on 15 counts including invasion of privacy, bias intimidation, tampering with physical evidence, witness tampering and hindering apprehension or prosecution. Student Arrested For Ranking Female Classmates On Facebook In January, an Oak Park-River Forest High School student found himself in hot water after publishing a list of 50 of his female peers, ranking them based on physical attributes and reported sexual conquests. The list was circulated on Facebook, and on Monday, the teen was arrested. The unnamed student reportedly ranked the girls on a 10-point scale based on facial features, a 5- point ranking for various body parts and a ranking of whether their \"stock\" is up or down. Girls were also given nicknames like \"The Designated Drunk\" and \"The Amazing Bisexual.\" The list was circulated on Facebook, and in the halls on photocopied flyers. The school suspended the 17-year-old for a week in January, and said at the time they were considering further disciplinary action. On Monday, he was arrested in his Oak Park home and charged with misdemeanor disorderly conduct. The charges were levied with cooperation from the Cook County State\u2019s Attorney\u2019s Office and Oak Park police said there will not be any additional charges. The list, which was full of misogynistic language and racial slurs, led some students to start a campaign against sexism. \"You're walking down the halls, looking at people, and you don't know what they might have read about you or what might have been said about you,\" junior Zoe McNeil told the Chicago Tribune in January. Another junior, Julia Levy, bristled at the student body's reaction: \"Overwhelmingly, people found that it was no big deal or just boys being boys.\" 2 guilty pleas, no jail time in Massachusetts bullying suicide case Two classmates of a high school freshman who hanged herself in the stairwell of her family's apartment pleaded guilty to charges of criminal harassment, but other more serious charges were dismissed and neither will serve time, prosecutors said Wednesday. Sean Mulveyhill and Kayla Narey, both 18, each received one year's probation, with special stipulations that include 100 hours of community service to assist underprivileged or at-risk youth, an order that they have no contact with the victim's family unless they get the family's consent, and barring them from financially profiting from the case while on probation. Senate rejects changes to anti-bullying law New Hampshire's Senate has voted unanimously to reject changes to the state's anti-bullying law, such as limiting school responsibility in dealing with off-campus incidents. Senators said Wednesday that the current law is only months old and needs further study before any changes are made. The current law was amended last year for the electronic age. It defines bullying and cyberbullying and allows schools to step in if the conduct happens outside of school and interferes with a student's education or substantially disrupts school operations. Many states have been moving in this direction, but some New Hampshire lawmakers wanted to restrict the boundaries to school grounds. The House passed a bill in March that would remove that provision and make other changes. The Senate's rejection leaves the measure's future in doubt. udPYiNjm63rRheGBXvkw?docId=60b2d71be51445b3861cb5c08588eee1 1 in 4 report bullying at Mass. schools One-fourth of Massachusetts middle-schoolers and 16 percent of high school students report enduring bullying at school, according to a federal report released yesterday that puts the state at the center of the national discussion over the issue. For the first time, Massachusetts health authorities included questions about bullying in a survey regularly given to gauge the health and behaviors of the state\u2019s students, and the findings not only define the scope of the problem, but also suggest the cause. Most notable was the link between violence at home and bullying at school. The report found that students who said they had been involved in bullying, as both a perpetrator and a victim, were five times more likely to report they had been hurt physically by a family member, compared to those who said they were neither a victim nor a bully. And they were substantially more likely to have witnessed violence against other family members. The study was released a year after Governor Deval Patrick signed a law requiring schools to adopt clear procedures for reporting and investigating cases of bullying, as well as methods for preventing retaliation against those who report problems. The survey, conducted in 2009 and released yesterday, also found that students who said they were both victims and perpetrators were significantly more likely than other students to report they had attempted suicide or seriously considered it in the previous 12 months. And they were much more likely to say they drank or used drugs, the report found. The anonymous survey of roughly 6,000 students, conducted with pen and paper, was completed during one class period in 138 public middle and high schools. The findings took into account differences among age, sex, race, ethnicity, and nonresponses. Researchers from the helped analyze the data separate study by the Massachusetts Aggression Reduction Center further underscores the scope of the problem. Preliminary results from a survey of 21,000 third- through 12th-graders suggest roughly half of students who identified themselves as bullies also said they had been victims of bullying. ss_schools Dignity for All Students Act In New York State, the \u201cDignity for All Students Act\u201d (effective July 1, 2012), requires school districts to provide staff training and designate one person in each school who will be specially trained to deal with bullying issues. Districts must also revise their codes of conduct and adopt policies \u201cintended to create a school environment free from harassment and discrimination.\u201d To ensure implementation success a 15-member Task Force and Advisory Work groups have been formed. For information on the Act (DASA) go to: for NYSED\u2019s plan for implementation, go to: The Bullying Advocates: Report Exposes the Religious Right's Effort to Stop Anti-Bullying Programs in Schools As states and school districts work to stem a tide of anti-gay bullying in American schools, a powerful group is out to stop them. The Religious Right has been leading a concerted effort to stop programs that seek to protect youth from bullying and to deny that the problem of anti-gay bullying exists. Today, People For the American Way released a report exposing the Religious Right's pro-bullying efforts and the myths it is using to promote them. The report, Big Bullies: How the Religious Right is Trying to Make Schools Safe for Bullies and Dangerous for Gay Kids, can be found online at religious-right-trying-to-make-schools-safe-for-bullies-and-dangero \"The anti-anti-bullying movement sounds like a joke, but it's frighteningly real. The Religious Right is desperately trying to protect bullies and further marginalize gay and gay-perceived kids by stopping efforts to make schools safe for every child,\" said Michael Keegan, President of People For the American Way. The Right's anti-anti-bullying effort relies on four central strategies, according to the report: The Indoctrination Myth: Religious Right activists claim that anti-bullying policies will result in \"homosexual indoctrination\" in schools. The \"Special Rights\" Smear: Opponents claim that recognizing and confronting the problem of anti-gay bullying amounts to granting \"special rights\" to kids. Playing the Victim: The Religious Right has tried to turn the realities of school bullying on their head, claiming that anti-gay bullies are the real victims, and gay rights groups the real bullies. Blaming the Victim: In the crudest part of the anti-anti-bullying effort, Religious Right activists are trying to blame the gay rights movement and gay kids themselves for anti- gay bullying. \"The pro-bullying movement shows just how far the Religious Right is willing to go to stop the recognition and acceptance of gay people at every level of society, and to paint themselves as the victims of the gay rights movement,\u201d said Keegan. \"The real bullies are the adults who are willing to hurt kids in order to push a political agenda of intolerance and exclusion.\" bullying-programs-schools/130267 Nevada Presses Plans to Tackle Schools' Trans Fats and Bullies bill to ban trans fats in schools advanced in spite of Republican objections that the proposed rules are meddlesome. SB230 requires school districts to approve policies barring trans fats, which are known to raise levels of bad cholesterol in the body, but makes exceptions for food at fundraisers such as bake sales. The bill now heads for the Senate floor after a 4-3 vote in the Senate Education Committee. SB276, which is sponsored by Sen. David Parks, D-Las Vegas, and sets up requirements for anti-bullying programs, training & incident reporting, passed out of the Senate Education Committee 4-3 on party lines. SB276 was diluted to reduce the financial impact to school districts\u2014a requirement that schools appoint an anti-bullying coordinator was removed, while an October \"Week of Respect\" remains intact. Texas Legislature Spotlights Bullying in Schools The scariest part of the school day for one student in the Austin Independent School District is before classes begin. For the female-to-male transgender 16-year-old, the \u201cnerve-racking\u201d minutes he spends trying to find his friends at school each morning is when bullies are most likely to strike. \u201cPeople don\u2019t mess with groups of people,\u201d he said. \u201cBut they see someone walking by themselves, and there\u2019s no fear there.\u201d In Texas, the most highly publicized of those stories is Asher Brown\u2019s. Asher, an eighth grader at a Cypress-Fairbanks middle school, shot himself last fall after what his parents said was two years of harassment for his small size, religion and perceived sexuality. Asher\u2019s death has given momentum to antibullying bills filed in the Legislature this session \u2014 there are currently more than 15. But the prospect of legislation, supported by teacher organizations and advocacy groups like the Anti-Defamation League, has drawn opponents as diverse as the American Civil Liberties Union and the Liberty Institute, a conservative legal organization. They question how successful any new law will be in curbing aggression in schools and say that policing such conduct is best accomplished locally bill by Representative Mark Strama, Democrat of Austin, expands the definition of bullying and includes a section on cyberbullying. It would allow school officials to move bullies to separate classrooms \u2014 existing law permits that only for victims \u2014 and would require districts to report incidents of bullying to the state. Existing state law requires schools to have codes to prohibit bullying, but in some instances, parents have struggled to have them enforced 2007 study from the Gay, Lesbian and Straight Education Network found that just 32 percent of Texas students who identified as lesbian, gay, bisexual, or transgendered said that reporting incidents of bullying resulted in effective intervention from public school staff members. Parents of Bullied Kids Hiring Lawyers, Suing School Districts There is a growing trend in Central Florida and nationally: Parents are hiring lawyers and suing school districts, accusing them of letting schoolyard bullies frighten, intimidate and sometimes beat up their children. The uptrend started around 2007, said Sonja Trainor, senior staff attorney at the National School Boards Association in Alexandria, Va. And some people and agencies have begun treating bullying as a public-health threat. The U.S. Department of Health and Human Services has launched a nationwide campaign, dubbed \"Stop Bullying Now!\" with tips for parents and kids. And there is now an online video channel\u2014\"It Gets Better\"\u2014 founded last year in response to the suicides of teenagers who were bullied because they were gay or suspected of being gay. Attorney Frank Kruppenbacher represented Orange County Public Schools for 30 years. He's now in private practice and says he gets about six calls a day from Central Florida families, complaining that they have a child who's being bullied and need legal help. He is stunned by the demand. Kruppenbacher said he has sent about 100 letters to school districts in Central Florida in the past two months, \"putting them on formal notice that there's a situation that is causing damage to the child. We're not looking to file suit, quite candidly, but if they don't remedy the situation, it's going to move to that, and it could move to significant damages.\" The U.S. Department of Education has issued guidelines to schools on how to handle bullying, and the Florida Legislature in 2008 ordered local school boards to enact anti-bullying policies. es%2F2011%2F01%2F31%2F20mct_flbullying.h30.html Blindsided by bullies In November, Tacoma police investigated a trash-talking blog aimed at Tacoma teens. The website included names of students, pictures and nasty rumors \u2013 material that Tacoma Public Schools Superintendent Art Jarvis described as \u201cdisgusting stuff.\u201d One mother said her daughter was reduced to tears by the site. Even though it was created off-campus, school officials feared it might incite trouble there. So they sent letters to parents of students named on the site, alerting them. State and school officials don\u2019t break out statistics on cyberbullying, but educators say the problem has worsened as technology has advanced and social media such as Facebook have proliferated. In Tacoma, the trash-talk site \u2013 which was eventually shut down \u2013 helped push the school district toward a new initiative aimed at curbing bullying in all forms. It includes staff training, selection of a new anti-bullying curriculum and a yet-to-be-determined mechanism for listening to student voices. The district\u2019s athletics and activities director will oversee the efforts, adding the title of director of student life to her duties. The pervasiveness of bullying has everyone scrambling for fresh solutions to the age-old problem. In Federal Way, Sequoyah Middle School Principal Vince Blauser noticed the surge in bullying incidents, especially online, when he moved back to a middle school after spending five years at Todd Beamer High School. So he decided to attack the problem head-on at Sequoyah. He hired a teacher part-time to write a bullying prevention curriculum. Students studied literature on the topic. He also held kids accountable for their behavior. \u201cOnce we made this a focus, kids came forward, because we made it safe to do so,\u201d Blauser said. \u201cIt changed the culture of our school.\u201d The Washington Legislature last year updated state law, which mandates that school districts adopt policies on harassment, intimidation and bullying \u2013 HIB, in education parlance. Washington has had a law prohibiting in schools since 2002. In 2007, the law was amended to include electronic bullying. The latest version of the state law requires school districts to name someone as the district\u2019s primary contact person on the bullying issue, clarifies the responsibilities of school staff and shortens timelines for acting on complaints. State budget analysts estimated the new policy requirements would cost school districts statewide about $1.2 million this year. In previous generations, parents might have urged their kids to ignore schoolyard bullies. Or even to retaliate in kind. Today, parents are more likely to take their complaints to the principal or the school board. And when they don\u2019t get satisfaction, they seek help from police and courts. Parents and guardians of bullying victims say one of their biggest frustrations is persuading schools to take action when their child is bullied. But school officials say that even if they do discipline a bully, they can\u2019t share the information with the victim\u2019s family due to privacy laws. Some students at Lakes High School in Lakewood aren\u2019t sitting quietly, waiting for teachers or parents to solve bullying problems for them. This year, when the kids in Lakes Leadership group saw bad things happening in the hallways, they fought back \u2013 with a student-produced assembly. \u201cWe heard about underclassmen getting harassed, among other things,\u201d said junior Zach Banner. \u201cOur whole thing we wanted to do was to make sure they didn\u2019t bring anything into school.\u201d The assembly had students relate their personal experiences with bullying. It got students all over the school talking, students and teachers say. Gov. Christie signs 'Anti-Bullying Bill of Rights' Gov. Chris Christie has signed a bill advocates say gives New Jersey the toughest anti-bullying law in the nation. The new law is intended to eliminate loopholes in the state\u2019s first anti-bullying law, passed in 2002, that encouraged school districts to set up anti-bullying programs but did not mandate it. It will require training for most public school teachers, administrators and other employees on how to spot bullying and mandate that all districts form a \"school safety team\" to review complaints. School districts would be graded by the state on their efforts to combat the problem. Administrators who do not investigate reported incidents of bullying would be disciplined, while students who bully could be suspended or expelled. School employees would also be required to report all incidents they learn of, whether they took place in or outside of school. The bill sailed through the Assembly and Senate in November. It passed 73-1, with 5 abstentions, in the Assembly. It passed the Senate 30-0.", "7206_107.pdf": "More local news for Birmingham, Huntsville and Mobile \u2013 Start Today for $5 Advertisement Appeals court harassment case should 'greatly concern every taxpaying citizen' in Alabama Updated: Sep. 04, 2013, 4:55 p.m. \| Published: Sep. 04, 2013, 3:55 p.m. Subscribe By Evan Belanger \| [email protected] MONTGOMERY, Alabama federal appeals court has upheld a jury verdict finding Alabama State University failed to correct a racially and sexually hostile workplace for three former employees and retaliated against the workers when they complained. Including legal fees and more than $1 million in damages awarded to the three former employees, the ruling could cost more than $2 million. In an opinion released Tuesday, the 11th Circuit Court of Appeals chastised the university, saying the facts of the case \"should greatly concern every taxpaying citizen of the State of Alabama, especially because it involved a public institution largely funded with tax dollars ...\" \"We are left to speculate who is in charge at ASU,\" the court wrote in the 22-page opinion. \"Regardless, however, we are unnerved by the apparent acquiescence to, if not outright condoning of, the abusive work environment created by its high-level employees.\" The court also rebuked attorneys for their \"inability to adhere to court procedures.\" During oral arguments last month, the court said the defense made mistakes in the lower court that should not have been made. \"Additionally, we are troubled by ASU's attorneys' inability to adhere to court procedures and deadlines,\" the court said in Tuesday's opinion. \"Timeliness is imperative in the practice of law, and attorneys should not expect sympathy from the court due to their own carelessness.\" In oral arguments last month attorneys argued the lower court improperly denied their motion to sever the case when it was filed 46 seconds late. While they attributed the late filing to a \"technical difficulty,\" the court noted the defense attorneys had opportunities to file earlier but failed to do so President William Harris responded with a statement that university officials \"vehemently disagree\" with the court ruling. \"While we don't agree with the court's finding want the public to be assured we have taken and continue to take seriously any allegation of discrimination,\" he said. \"We will address appropriately any allegation of discrimination lodged against any person at this university.\" The suit, filed by former employees Jacqueline Weatherly, Cynthia Williams and Lydia Burkhalter, centers on managerial conduct in offices overseen by then Special Assistant to the President and Director for Marketing and Communications John Knight -- now executive vice president and chief operations officer. Elon Musk's Settles Lawsuit With Trump Over Jan 6. Deplatforming During the jury trial in U.S. District Court, the plaintiffs testified they were subjected to egregious racial and sexual harassment, including unwanted touching and frequent, pervasive use of the racial slur n-----, at the hands of Knight's second in charge, Lavonette Bartley. Weatherly and Williams are both black women, as is Bartley, court records show. Burkhalter, who is biracial, also testified she was sexually harassed by Knight, including an incident in which he asked her to dance for him the way she had danced at a party and another in which he told her he \"liked his coffee sweet like (her) and the color of (her) complexion,\" court documents showed. In court documents, the plaintiffs said the university failed to address their complaints about the conduct, instead retaliating against them and eventually firing them when they complained to the Equal Employment Opportunity Commission, the school's human resources department and university trustees. The jury agreed with the plaintiffs on most counts, awarding the women a combined $1.04 million -- $793,500 of it for emotional pain and mental anguish and the remainder for lost wages, benefits and leave time Man convicted in 2021 shooting that killed 1, wounded 3 at Pickens County home Feb. 17, 2025, 7:54 a.m small-town Alabama meat-and-three that\u2019s \u2018made with love\u2019 Feb. 20, 2025, 1:30 a.m denied most of the charges during the jury trial and appealed the verdict in June 2012. \"Alabama State University has a proud history of being on the frontline of the battle to secure the rights of all people. Discrimination of any form has never been tolerated at this university and it never will,\" Harris said this week did not say whether it plans to seek a retrial or appeal the case to the U.S. Supreme Court. If you purchase a product or register for an account through a link on our site, we may receive compensation. 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7,393	Nenad Kostic	Iowa State University	[ "7393_101.pdf", "7393_102.pdf", "7393_103.pdf", "7393_104.pdf", "7393_105.pdf", "7393_106.pdf", "7393_107.pdf" ]	{"7393_101.pdf": "Iowa State Daily \u2022 August 23, 2005 \u2022 iowa-state-of-violating-civil-rights/ Students accuse Iowa State of violating civil rights Adam Graaf Two graduate students have accused Iowa State of violating the Iowa Civil Rights Act. Sladjana Prisic, graduate student in biochemistry, biophysics and molecular biology, and Laura Dutca, graduate student in chemistry, claim university officials discriminated against them and did not act properly after the officials were made aware of sexual harassment complaints made against former professor Nenad Kostic. Kositc, Prisic and Dutca were unavailable for comment. The state of Iowa is also named as a defendant. Each lawsuit makes separate claims with similar themes \u2014 students were harassed by an faculty member. Both cases, which were filed in Polk County on Aug. 11, claim officials knew about Kostic\u2019s inappropriate behavior in 1998, though Kostic is not named as a defendant in either case. One lawsuit claims Kostic sexually harassed Prisic repeatedly during a two-year period. Kostic also impregnated Prisic and \u201c[engaged] in an unrelenting campaign of harassment, stalking and intimidation, designed to try to force her to get an abortion.\u201d The other lawsuit claims Dutca was sexually harassed by Kostic in March 2004. The students filed a formal complaint with the university April 13, 2004. Both lawsuits allege Iowa State handled the student\u2019s complaints in a way that would not allow them access to information about the progress of the complaints through the university\u2019s system. Paige Fiedler, an attorney with Fiedler, Townsend & Newkirk PLC, is representing both graduate students in the cases. She accuses the university of setting up the complaint in a way that would not afford the students the right to be informed about the ongoing investigation. According to the lawsuits officials arranged to have different, formal complaints filed on behalf of Prisic and Dutca by two other professors. Whoever makes the formal complaint has a right to be informed about the investigation process, Fiedler said. In June 2004, an Faculty Review Board found Kostic \u201cengaged in serious and repeated misconduct\u201d and recommended that Iowa State proceed with major sanctions against him think, when you look at the facts in the cases, it\u2019s our belief that we responded in a very swift manner and appropriate way. We have certain procedures we have to follow and we did follow those procedures,\u201d said John McCarroll, executive director of university relations. University Counsel Paul Tanaka said minutes from that review board are not available because they are considered personnel records. \u201cThese are allegations,\u201d Tanaka said. \u201cOur obligations as attorneys are to try this in court, not in the public, not in the media.\u201d Fiedler said her clients are hoping to bring about institutional changes, which is why they filed suits against the university.", "7393_102.pdf": "M. KOSTIC, \u00a7 \u00a7 Plaintiff, \u00a7 \u00a7 V. \u00a7 NO. 3:10-cv-2265 AL., \u00a7 \u00a7 Defendants This case has been referred to the United States magistrate judge for determination of cross-motions for summary judgment [Dkt. Nos. 56 & 61] pursuant to 28 U.S.C. \u00a7 636(b) and an order of reference from the District Court. See Dkt. No. 98. The undersigned magistrate judge issues the following findings of fact, conclusions of law, and recommendation on Defendants\u2019 Motion for Summary Judgment [Dkt. No. 61] and Plaintiff\u2019s Motion for Partial Summary Judgment [Dkt. No. 56]. Background Plaintiff Nenad Kostic is a former tenured professor and former head of the chemistry department at Texas University at Commerce (\u201cTAMUC\u201d) who was terminated for cause. He sues his former employer, TAMUC, and five officials and professors: Michael D. McKinney, former Chancellor; Dan R. Jones, President and Chief Executive Officer; Larry F. Lemanski, Provost and Vice President for Academic Affairs; Christine Evans, former Dean of the College of Arts and Sciences and current -1- Case 3:10-cv-02265 Document 100 Filed 02/01/13 Page 1 of 15 PageID 5776 Professor of Agricultural Sciences; and Ben W.L. Jang, Head of the Chemistry Department and a Professor of Chemistry. In his Second Amended Complaint, Plaintiff alleges that retaliated against him for his opposition to prohibited practices and participation in protected activities, in violation of Title VII. Dkt. No. 40 at 295-315. He asserts 42 U.S.C. \u00a7 1983 claims against all of the individual defendants for retaliation and alleged violations of his constitutional rights of free speech and free association and asserts a claim that they deprived him of his liberty interest in his reputation without due process of law. He asserts a Section 1983 claim against McKinney, Jones and Lemanski for allegedly depriving him of his property interest in continued employment and tenure without due process of law. Id. at 315-51. He also asserts a defamation claim against Jones, Lemanski, Evans, and Jang. Id. at 351-54. Plaintiff seeks damages, injunctive relief, declaratory judgment, and attorneys fees. Id. at 355. The only issue raised in Plaintiff\u2019s Motion for Partial Summary Judgment is whether he is entitled to a jury trial. See Dkt. No. 56. In their Motion for Summary Judgment, Defendants argue that Plaintiff cannot prevail on any of his causes of action as a matter of law because he cannot establish at least one element of each claim. See Dkt. No. 61. Legal standards Under Fed. R. Civ. P. 56, summary judgment is proper \u201cif the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.\u201d FED. R. CIV. P. 56(a factual \u201cissue is material if its -2- Case 3:10-cv-02265 Document 100 Filed 02/01/13 Page 2 of 15 PageID 5777 resolution could affect the outcome of the action.\u201d Weeks Marine, Inc. v. Fireman's Fund Ins. Co., 340 F.3d 233, 235 (5th Cir. 2003 factual dispute is \u2018genuine,\u2019 if the evidence is such that a reasonable [trier of fact] could return a verdict for the nonmoving party.\u201d Crowe v. Henry, 115 F.3d 294, 296 (5th Cir. 1997). If the moving party seeks summary judgment as to his opponent\u2019s claims or defenses, \u201c[t]he moving party bears the initial burden of identifying those portions of the pleadings and discovery in the record that it believes demonstrate the absence of a genuine issue of material fact, but is not required to negate elements of the nonmoving party\u2019s case.\u201d Lynch Props., Inc. v. Potomac Ins. Co., 140 F.3d 622, 625 (5th Cir. 1998). \u201cOnce the moving party meets this burden, the nonmoving party must set forth\u201d \u2013 and submit evidence of \u2013 \u201cspecific facts showing a genuine issue for trial and not rest upon the allegations or denials contained in its pleadings.\u201d Id.; Little v. Liquid Air Corp., 37 F.3d 1069, 1075 (5th Cir.1994) (en banc). The Court is required to view all facts and draw all reasonable inferences in the light most favorable to the nonmoving party and resolve all disputed factual controversies in favor of the nonmoving party \u2013 but only if both parties have introduced evidence showing that an actual controversy exists. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255 (1986); Boudreaux v. Swift Transp. Co., Inc., 402 F.3d 536, 540 (5th Cir. 2005); Lynch Props., 140 F.3d at 625. \u201cUnsubstantiated assertions, improbable inferences, and unsupported speculation are not sufficient to defeat a motion for summary judgment,\u201dBrown v. City of Houston, 337 F.3d 539, 541 (5th Cir. 2003), and -3- Case 3:10-cv-02265 Document 100 Filed 02/01/13 Page 3 of 15 PageID 5778 neither will \u201conly a scintilla of evidence\u201d meet the nonmovant\u2019s burden, Little, 37 F.3d at 1075. Rather, the non-moving party must \u201cset forth specific facts showing the existence of a \u2018genuine\u2019 issue concerning every essential component of its case.\u201d Morris v. Covan World Wide Moving, Inc., 144 F.3d 377, 380 (5th Cir. 1998). If, \u201cafter the nonmovant has been given an opportunity to raise a genuine factual issue,\u201d \u201cthe record, taken as a whole, could not lead a rational trier of fact to find for the non-moving party, then there is no genuine issue for trial.\u201d DIRECTV, Inc. v. Minor, 420 F.3d 546, 549 (5th Cir. 2005); Steadman v. Texas Rangers, 179 F.3d 360, 366 (5th Cir. 1999). The Court will not assume \u201cin the absence of any proof ... that the nonmoving party could or would prove the necessary facts\u201d and will grant summary judgment \u201cin any case where critical evidence is so weak or tenuous on an essential fact that it could not support a judgment in favor of the nonmovant.\u201d Little, 37 F.3d at 1075. \u201cRule 56 does not impose upon the district court a duty to sift through the record in search of evidence to support a party\u2019s opposition to summary judgment,\u201d and \u201c[a] failure on the part of the nonmoving party to offer proof concerning an essential element of its case necessarily renders all other facts immaterial and mandates a finding that no genuine issue of fact exists.\u201d Adams v. Travelers Indem. Co. of Conn., 465 F.3d 156, 164 (5th Cir. 2006) (internal quotation marks omitted). Analysis I. Defendants\u2019 Motion for Summary Judgment should be granted as to Plaintiff\u2019s -4- Case 3:10-cv-02265 Document 100 Filed 02/01/13 Page 4 of 15 PageID 5779 Title and Section 1983 retaliation claims. To establish his prima facie case of retaliation under either Title or Section 1983, Plaintiff must show: (1) he engaged in protected activity; (2) he suffered an adverse employment action; and (3) a causal link existed between the protected activity and the adverse employment action. Aryain v. Wal-Mart Stores Texas LP, 534 F.3d 473, 484 (5th Cir. 2008) (Title VII); Sharp v. City of Houston, 164 F.3d 923, 932 (5th Cir. 1999) (Section 1983). The causal link between the allegedly protected conduct and termination is broken where the official with final authority to fire employees conducts an independent investigation in the course of reaching his or her decision. Mato v. Baldauf, 267 F.3d 444, 450 (5th Cir. 2001). \u201cThe causal link is not broken, however, where the decision-maker \u2018rubber-stamps\u2019 the firing recommendation of subordinates; in such cases, ... the decision-maker acts as a conduit of the subordinates' improper motive.\u201d Id. Here, Plaintiff cannot establish the causation element of his retaliation claims as a matter of law because Chancellor McKinney \u2013 who had final authority to fire Plaintiff \u2013 relied on the appeals committee\u2019s independent investigation in reaching his termination decision; therefore, the causal link was broken. Plaintiff asserts that Defendants retaliated against him for his opposition to prohibited practices and participation in protected activities, including what he characterizes as his opposition to the establishment of religion and exercising his rights of free speech and free association. For example, it is undisputed that Plaintiff assisted Chunki Shi, a former postdoctoral assistant, in preparing a formal complaint -5- Case 3:10-cv-02265 Document 100 Filed 02/01/13 Page 5 of 15 PageID 5780 against accusing Defendant Jang of proselytization and pressuring Shi to join his church. It is also undisputed that Plaintiff spoke out against what he considered prohibited religious activities, such as closing the university in observance of Good Friday and conducting a Celebration of Faith that included prayer, and that he criticized to the press and fire chief after a laboratory fire in the chemistry department. Plaintiff claims that these activities formed the basis of escalating and extensive retaliation against him, which ultimately culminated in his termination for cause. Conversely, it is undisputed that Plaintiff was the subject of numerous complaints during his tenure at TAMUC. These ranged in scope from student complaints that Plaintiff would not allow anyone in his classes to drop a class to a formal complaint by the faculty of the chemistry department to a petition signed by over 400 students calling for his dismissal. Although he denies the substance of the accusations, Plaintiff was accused of fostering an atmosphere of hostility in the chemistry department and of abusive, combative, and disrespectful treatment of students, faculty, and staff. On June 17, 2010, Defendant Jones President, gave Plaintiff written notice of TAMUC\u2019s intent to terminate his employment for cause. See Dkt. No. 63-4 at APP433-34. President Jones informed Plaintiff that the grounds for termination were based on professional incompetence, moral turpitude adversely affecting the performance of duties or the meeting of responsibilities to or its students or associates, and violation of policies, system regulations, rules, or laws -6- Case 3:10-cv-02265 Document 100 Filed 02/01/13 Page 6 of 15 PageID 5781 substantially related to performance of faculty duties. Id. President Jones also listed twelve specific violations supporting those grounds. Id. Those violations included sending a letter to a pregnant student\u2019s physician requesting medical information, denying a student\u2019s request to drop a class and harassing her about her medical condition, publicly humiliating two students in front of their peers, humiliating four employees or potential employees, purchasing chemicals with Higher Education Funds and shipping them to another university that had no current working relationship with TAMUC, and sexual harassment of two female students. Id. It also addressed complaints in the \u201c[p]etition received from over 400 students stating that you have \u2018fostered an atmosphere of hostility, discrimination, unfair grading practices, and sexual harassment.\u2019\u201d Id. The information in the notice-of-termination letter came from previous committee investigations. See Dkt. No. 63-6 at APP734. None of the allegedly protected activities were mentioned. See Dkt. No. 63-4 at APP433-34. President Jones referred Plaintiff\u2019s appeal of the decision to terminate him for cause to the University Hearing Committee, which formed an appeals committee comprised of fifteen tenured faculty members selected by their academic departments. See Dkt. No. 63-4 at APP548. The appeals committee conducted an evidentiary hearing on November 9, 2010, which lasted over twelve hours. Id. at APP549. It heard testimony from thirteen witnesses, ten called by and three by Plaintiff\u2019s counsel, and considered what it characterized as \u201cextensive\u201d documentation provided by both parties. Id. at APP549, APP553. -7- Case 3:10-cv-02265 Document 100 Filed 02/01/13 Page 7 of 15 PageID 5782 The appeals committee issued its report to President Jones on November 23, 2010. See Dkt. No. 63-4. It concluded that it could not substantiate claims that Plaintiff sexually harassed two female students or humiliated one of the six students or faculty members he was alleged to have humiliated. Id. at APP551, APP553. It determined that the remaining alleged violations were supported by evidence and supported dismissal for cause, including violations of student rights to medical privacy and the the Health Insurance Portability and Accountability Act, improper use of Higher Education Funds, creating a hostile environment in the chemistry department, and unfair and inappropriate treatment of students. See Dkt. No. 63-4. The appeals committee observed that \u201c[w]hat is remarkable, however, is that any one individual could provoke the number of complaints from students, faculty, and staff that [Plaintiff] has and nevertheless persist in the same pattern of behavior that have [sic] caused the complaint.\u201d Id. at APP551. By a majority vote of twelve to three, the appeals committee affirmed President Jones\u2019 decision to terminate Plaintiff\u2019s employment at for cause. Id. at APP554. TAMUC\u2019s Chancellor is the person authorized to make the final determination of dismissal of faculty members for cause. Dkt. No. 63-3 at APP372. President Jones forwarded the appeals committee\u2019s report, the appeals hearing transcript, and his notice-of-termination letter to Chancellor McKinney. After reviewing those materials, Chancellor McKinney found good cause for dismissal and terminated Plaintiff\u2019s employment effective December 8, 2010. Dkt. No. 63-4 at APP556. Chancellor McKinney did not \u201crubber stamp\u201d President Jones\u2019 recommendation but instead relied -8- Case 3:10-cv-02265 Document 100 Filed 02/01/13 Page 8 of 15 PageID 5783 on the appeals committee\u2019s interceding independent investigation. Chancellor McKinney emphasized that the affirmance of the President\u2019s recommendation to terminate Plaintiff\u2019s employment \u201cwasn\u2019t just from one person. It was from a committee....\u201d Dkt. No. 63-8 at APP1013i. He also testified that, during his tenure as chancellor, Plaintiff\u2019s was the only proposed faculty termination in which the appeals committee concurred with the President\u2019s recommendation of dismissal. Id. at APP1013b-APP1013c. Even if the Court were to assume that Plaintiff could demonstrate a genuine issue of material fact as to whether he engaged in protected activity, including but not limited to violations of his First Amendment rights to free speech or free association, or suffered an adverse employment action, the Court concludes that Plaintiff cannot establish that a causal link existed between the protected activity and the adverse employment action as a matter of law. See Mato, 267 F.3d at 450. II. Defendants\u2019 Motion for Summary Judgment should be granted as to Plaintiff\u2019s complaint that he was deprived of his property interests in his tenured faculty position without due process of law. The minimal due process protections to which a tenured professor is entitled before he may be dismissed include the professor\u2019s right to: (1) be advised of the cause for his termination in sufficient detail so as to show any error that may exist; (2) be advised of the names and the nature of the testimony of witnesses against him; (3) be afforded a meaningful opportunity to be heard in his own defense within a reasonable time; and (4) be afforded a hearing before a tribunal that possesses -9- Case 3:10-cv-02265 Document 100 Filed 02/01/13 Page 9 of 15 PageID 5784 some academic expertise and an apparent impartiality toward the charges. Levitt v. Univ. of Tex. at El Paso, 759 F.2d 1224, 1227-28 (5th Cir. 1985). These procedures are constitutionally required only for the termination of the Plaintiff from his tenured position. See Davis v. Mann, 882 F.2d 967, 973 (5th Cir. 1989); Ashfaq v. Anderson, 603 F. Supp. 2d 936, 942 (N.D. Tex. 2009). The gravamen of Plaintiff\u2019s argument is that Defendants did not follow policies and procedures, which require more process than is constitutionally mandated university\u2019s failure to follow its own rules in terminating a tenured professor does not in and of itself implicate constitutional due process concerns. McIntosh v. Partidge, 540 F.3d 315, 323-24 (5th Cir. 2008). That is because the federal courts, and not TAMUC, are responsible for establishing the contours of the Due Process Clause of the Fourteenth Amendment. See Tonkovich v. Kansas Bd. of Regents, 159 F.3d 504, 522 (10th Cir. 1998). The fundamental issue in due process law is whether state officials provided Plaintiff with the federal constitutional minimum. McIntosh, 540 F.3d at 324. As discussed above advised Plaintiff in more than sufficient detail of the reasons for his termination and advised him of the names of potential witnesses against him and the nature of their testimony. It also gave him a meaningful opportunity to be heard in his defense, and both Plaintiff and his counsel fully participated in the appeals committee hearing. Plaintiff nevertheless claims that he was denied an impartial tribunal because Defendants McKinney, Jones, and Lemanski were biased against him. President Jones recommended Plaintiff\u2019s dismissal and authored the notice-of-termination letter. -10- Case 3:10-cv-02265 Document 100 Filed 02/01/13 Page 10 of 15 PageID 5785 Provost Lemanski was called as a witness by at the appeals committee hearing. Chancellor McKinney was the person who ultimately fired Plaintiff. Plaintiff speculates as to why Defendants McKinney, Jones, Lemanski, and others might have had reasons for antagonism toward him, but Plaintiff fails to come forward with evidence to create a genuine issue of material fact that these individuals were actually hostile, much less that they acted upon such animus in the termination proceedings. As a matter of law, Plaintiff\u2019s speculation does not show a lack of impartiality. See Britt v. Grocers Supply Co., Inc., 978 F.2d 1441, 1451 (5th Cir. 1992) (\u201cIn sum, the appellants are left with nothing more than their speculation and belief that they were permanently replaced because of age. This type of evidence is insufficient to create a fact issue as to pretext.\u201d). The Court concludes that Plaintiff was afforded procedural due process as a matter of law. III. Defendants\u2019 Motion for Summary Judgment should be granted as to Plaintiff\u2019s claim that he was deprived of his liberty interest in his reputation without due process public employee has a constitutional right to notice and an opportunity to be heard when the employee is \u201c\u2018discharged in a manner that creates a false and defamatory impression about him and thus stigmatizes him and forecloses him from other employment opportunities.\u2019\u201d Bellard v. Gautreaux, 675 F.3d 454, 461 (5th Cir. 2012) (quoting Bledsoe v. City of Horn Lake, 449 F.3d 650, 653 (5th Cir. 2006)). The Court employs a seven-element stigma-plus-infringement test to determine whether Section -11- Case 3:10-cv-02265 Document 100 Filed 02/01/13 Page 11 of 15 PageID 5786 1983 affords a government employee a remedy for deprivation of liberty without notice or the opportunity for a name-clearing hearing: \u201cThe plaintiff must show: (1) he was discharged; (2) stigmatizing charges were made against him in connection with the discharge; (3) the charges were false; (4) he was not provided notice or an opportunity to be heard prior to the discharge; (5) the charges were made public; (6) he requested a hearing to clear his name; and (7) the employer denied the request.\u201d Id. Here, Plaintiff does not plead that he requested a hearing to clear his name, and he has not provided summary judgment evidence to show that he made such a request. Dkt. No. 40 at 57-60. Plaintiff did reference his \u201cliberty interests\u201d in several email messages to Defendants Jones and Lemanski in which he sought the production of documents or raised questions about the appeals hearing procedure, but that general notation, without more, was not a request for a hearing to clear his name. Dkt. No. 63- 4 at APP443-45, APP503. IV. Defendants\u2019 Motion for Summary Judgment should be granted as to Plaintiff\u2019s defamation claim because it is jurisdictionally barred. The Texas Tort Claims Act provides the exclusive remedy for damages allegedly caused by common-law torts such as defamation committed by a government employee in the scope of his employment. Williams v. City of Port Arthur, Tex., No. 1:10-CV-823, 2012 1997867, at 18-19 (E.D. Tex. 2012); Franka v. Velasquez, 332 S.W.3d 367, 369 (Tex. 2011 \u00a7 101.106(a). The Texas Tort Claims Act further provides that, \u201c[if] suit is filed against an employee of a governmental unit based on conduct within the -12- Case 3:10-cv-02265 Document 100 Filed 02/01/13 Page 12 of 15 PageID 5787 general scope of that employee\u2019s employment and if it could have been brought under this chapter against the governmental unit, the suit is considered to be against the employee in the employee\u2019s official capacity only\u201d and shall be dismissed \u00a7 101.106(f); Franka, 332 S.W.3d at 385. In Franka, the Texas Supreme Court held that a state common law tort claim against a state employee must be dismissed under the Act, even if the tort claim is not among those for which immunity has been waived. Franka, 332 S.W.3d at 385. Plaintiff has not responded at all to this jurisdictional bar raised by Defendants in their summary judgment papers. See Dkt. No. 62 at 35-36; Dkt. No. 82 at 32-33. And Plaintiff fails to show by competent summary judgment evidence that the conduct upon which he bases his defamation claim against Defendants Jones, Lemanski, Evans, and Jang occurred outside the scope of their faculty or administrative duties. Plaintiff therefore does not rebut Defendants\u2019 argument that his defamation claim is jurisdictionally barred. V. Because Defendants\u2019 Motion for Summary Judgment should be granted on the grounds discussed above, the Court need not reach the individual defendants\u2019 immunity defenses. See Dkt. No. 62 at 41-48. VI. Because Defendants\u2019 Motion for Summary Judgment should be granted, and judgment entered in Defendants\u2019 favor on all of Plaintiff\u2019s claims, Plaintiff\u2019s Motion for Partial Summary Judgment [Dkt. No. 56], which asserts only that he is entitled to a -13- Case 3:10-cv-02265 Document 100 Filed 02/01/13 Page 13 of 15 PageID 5788 jury trial, should be denied as moot. Recommendation Defendants\u2019 Motion for Summary Judgment [Dkt. No. 61] should be granted, Plaintiff\u2019s Motion for Partial Summary Judgment [Dkt. No. 56] should be denied, and judgment should be entered in Defendants\u2019 favor on all of Plaintiff\u2019s claims copy of these findings, conclusions, and recommendation shall be served on all parties in the manner provided by law. Any party who objects to any part of these findings, conclusions, and recommendation must file specific written objections within 14 days after being served with a copy. See 28 U.S.C. \u00a7 636(b)(1); FED. R. CIV. P. 72(b). In order to be specific, an objection must identify the specific finding or recommendation to which objection is made, state the basis for the objection, and specify the place in the magistrate judge\u2019s findings, conclusions, and recommendation where the disputed determination is found. An objection that merely incorporates by reference or refers to the briefing before the magistrate judge is not specific. Failure to file specific written objections will bar the aggrieved party from appealing the factual findings and legal conclusions of the magistrate judge that are accepted or adopted by the district court, except upon grounds of plain error. See Douglass v. United Services Auto. Ass\u2019n, 79 F.3d 1415, 1417 (5th Cir. 1996). -14- Case 3:10-cv-02265 Document 100 Filed 02/01/13 Page 14 of 15 PageID 5789 DATED: February 1, 2013 _________________________________________ -15- Case 3:10-cv-02265 Document 100 Filed 02/01/13 Page 15 of 15 PageID 5790", "7393_104.pdf": "Iowa State Daily \u2022 December 12, 1996 \u2022 world-away-isu-serb-students-reach-out world away Serb students reach out Keesia Wirt 21-year-old college student was brutally beaten and forced to endure sexual molestation with a billy club. For this student\u2019s pain and suffering he was awarded a 25-day prison term. This nightmare became reality for Dejan Bulatovic, one of tens of thousands of students at the University of Belgrade in Serbia who are protesting against their government. Bulatovic was arrested by Belgrade city police officers earlier this month while walking home alone from one of a multitudes of day-long student protests that have blanketed the infant country this month. Students are protesting the Serbian government\u2019s annulment of local November elections, in which the United Opposition Party won key races in the main cities and university towns of Serbia. Bulatovic was guilty of carrying a dummy dressed in a convict\u2019s uniform of the President of Serbia, Slobodan Milosevic, through the streets of his city. Police believed his actions warranted such a beating, others say he was exercising a basic freedom to protest against government. At the University of Belgrade and universities across Serbia, students have taken to the streets to protest the socialist- dominated government. Between 30,000 and 40,000 Belgrade students have turned out every day for more than three weeks to protest. An connection When a group of Iowa State students and one professor, all from Serbia, asked what they could do to support their fellow students in Belgrade, the response from home was: \u201cTo be our voice.\u201d About 10 group members write an e-mail message of support to the protesters every day. Disapproving e-mails are also sent to the Serbian government. The students and the professor, isolated from their friends and former colleagues, share their stories with each other nation waking up Serbia nation is waking up from a demagogue and finding its soul again,\u201d said Nenad Kostic, professor of chemistry at ISU. \u201cThe leaders of this reawakening are obviously the students, the youth, the future of the country.\u201d Students in Belgrade and other Serbian cities including Novi Sad, Kragujevac, Nis, Cacak, Uzice are demanding the government reinstate the election results. \u201cThe government has the courts under its thumb and the courts, both the lower and the Supreme, have annulled the first elections,\u201d Kostic said second election was held, but only 20 percent of the population turned out to vote, compared to the 65 percent who voted in the first election. Through rain, sleet and snow \u201cFrom noon until evening [the students protest]. The weather is turning cold, snowy and rainy. They\u2019re very spirited in their work. They protest the stolen election,\u201d Kostic said. \u201cTheir protest is for a principle, not for the United Opposition [Party], per se.\u201d Five Serbians at were students at the University of Belgrade during a 1992 protest in which students demonstrated in support of Milosevic\u2019s then opponent, who lost the election. Kostic said the students are using several forms of demonstration, including barraging government buildings with paper airplanes, throwing red paint at the office of President Milosevic and unloading \u201cnewspaper trash\u201d on the steps of the state news service to protest the organizations\u2019 refusal to cover the student demonstrations. \u201cThey pelt with eggs the building of the state-run television because it doesn\u2019t broadcast the protests,\u201d Kostic said. \u201cStudents carry candles and light them in mourning for the death of justice,\u201d Kostic said. Students also erected a brick wall in front of the National Assembly Building with a message that read: \u201cWe want to build, not tear down.\u201d \u201cThey did that because the media said they [the students] would destroy Belgrade during the protests,\u201d said Milan Crnogorac, a Serbian doctoral student in chemistry. Independent media shut down Kostic said the Serbian government has shut down the independent radio stations in Belgrade in an attempt to muzzle the uprising. International stations such as the Voice of America and Radio Free Europe have since been broadcasting into Serbia. \u201cIt is much more effective because people in my own town, which is far from Belgrade, can hear the Voice of America broadcasts,\u201d said Sasu Stankovic, also a Serbian doctoral student in chemistry. Kostic said it is ironic, because he, living in Ames, is more informed about the protests than the majority of citizens in Serbia. Tatjana Parac, another Serbian doctoral student in chemistry, has a sister participating in the protest. She said now is a \u201ctough\u201d time to be in Ames when her country\u2019s in turmoil. \u201cIf we were in Belgrade we would be on the streets every day,\u201d she said. Her sister, whom Parac keeps in contact with, told her there is a feeling of togetherness and hope that the students really can accomplish something. This spirit keeps the students on the streets for up to 10 hours a day, she said. \u201cThese students are really in a precarious position, especially when the chancellor of Belgrade University is a tool of President Milosevic,\u201d Kostic said. Appealing for worldwide support Students in Belgrade are using the Internet to send their messages to the rest of the world. ISU\u2019s Serbian students regularly read the Internet homepage the Belgrade students have set up. Despite a persistent faith, the students say no one knows where the protests will lead. \u201cIt\u2019s uncertain. The demonstrators are determined, but the government is cunning,\u201d Kostic said think the outcome of the protest depends on the support they get from the outside world. And it depends on the strength of the pressure applied to Milosevic by other governments, especially the U.S.\u201d Kostic said students can get involved by supporting the Serbian protest through e-mail letters, and by passing a support resolution through the Government of the Student Body. The address of the Belgrade students\u2019 homepage is: \u201cThat show of support will boost the moral of the protesters and give them strength to endure in the cold days and weeks ahead,\u201d he said. \u2014 The Associated Press contributed to this report.", "7393_105.pdf": "2349 Systematic Prevention of a Serial Problem: Sexual Harassment and Bridging Core Concepts of Bakke in the #MeToo Era Nancy Chi Cantalupo\u2020* & William C. Kidder OPENED?......................................... 2352 ..... 2360 .................................................... 2370 ........................................................................... 2381 FACULTY................................................................................. 2395 ....... 2403 \u2020 Copyright \u00a9 2019 Nancy Chi Cantalupo & William C. Kidder. The Article is based on the authors\u2019 remarks at the Davis Law Review\u2019s Volume 52 Symposium \u201cBakke at 40: Diversity, Difference, and Doctrine.\u201d * Associate Professor of Law, Barry University Dwayne O. Andreas School of Law; B.S.F.S., Georgetown University; J.D., Georgetown University Law Center. We thank the other \u201cBakke at 40\u201d symposium participants for helping us to clarify the ideas we present in this Article. We thank Anujan Jeevaprakash and the other law students of the Davis Law Review for editorial assistance with this Article. Special Assistant, Chancellor\u2019s Office Santa Cruz; Research Associate, The Civil Rights Project (UCLA); B.A. and J.D., University of California, Berkeley. The views expressed in this Article reflect my scholarly research conclusions and are not intended to represent the official positions of or other campuses where have served as an administrator. For purposes of full disclosure, as a public university administrator was involved in a number of faculty discipline cases over the years, including cases ultimately resulting in terminations, and for reasons of privacy and decorum do not discuss these cases in this Article. 2350 University of California, Davis [Vol. 52:2349 * 2019] Systematic Prevention of a Serial Problem 2351 We begin with three quotes (two from the Bakke era) related to our themes: The sooner we get down the road toward accepting and being a part of the real world, and not shutting it out and away from us, the sooner will these difficulties vanish from the scene. \u2014 Justice Blackmun in Bakke, June 19781 Up until the time of our conflict [when she rejected a faculty member\u2019s sexual advances] he repeatedly told me that the work was doing for him was good and that he was pleased with it. During the conflict period was told the complete opposite: that my work was lousy, that was lazy . . . . He tried to make me feel inept and incompetent. He then proceeded to prevent me from obtaining another job in the department. When the sexual conflict arose, my position was suddenly terminated and no explanation was given. As an employee and a student in the department my credibility was completely ruined. For a while really worried about the quality of my work questioned whether it was good or not, even though knew it was. \u2014 Female Berkeley student in a June 1978 sexual harassment survey2 Permit me to write to you directly to tell you the great surprise, worry, and indignation that felt upon learning of the allegations [of sexual harassment] made against my friend and colleague [Professor X] and, even more, upon learning of the threatening procedures that the administration seems prepared to use against him. . . . 1 Regents of Univ. of Cal. v. Bakke, 438 U.S. 265, 407 (1978) (Blackmun, J., concurring in part and dissenting in part). 2 Donna J. Benson & Gregg E. Thomson, Sexual Harassment on a University Campus: The Confluence of Authority Relations, Sexual Interest and Gender Stratification, 29 SOC. PROBS. 236, 245 (1982) (quoting a response to a June 1978 questionnaire of 269 female undergraduate seniors at Berkeley). 2352 University of California, Davis [Vol. 52:2349 [I]f the scandalous procedure initiated against [Professor X] were not to be interrupted or cancelled, for all the reasons have just laid out, if a sanction of whatever sort were allowed to sully both his honor and the honor of the university would sadly be obliged to put an end, immediately, to all my relations with UCI. \u2014 Jacques Derrida in a letter to Irvine\u2019s Chancellor, July 20043 OPENED? In the late-1970s American legal jurisprudence around sexual harassment4 law developed and began to crystalize at the same time the Bakke v. Regents of the University of California decision set forth much of our modern constitutional doctrine regarding race-conscious affirmative action in higher education.5 Court rulings in both of these areas similarly reflect a complex bundle of tensions between formalistic notions of anti-discrimination and substantive principles of anti-subordination.6 In Bakke the opinions of the Justices aligned 4\u20131\u2013 3 Letter from Jacques Derrida, to Ralph J. Cicerone, Chancellor, Univ. of Cal. Irvine (July 25, 2004) (on file at 4 Note that we use \u201csexual harassment\u201d to refer to sexual conduct that is unwelcome to the target of the conduct, including sexual violence as a severe form of harassment. In this usage, sexual harassment is interchangeable with \u201cgender-based violence,\u201d a term that refers both specifically to the crimes\u201d incorporated into the Clery Act by the Violence Against Women Act 2013 amendments (dating violence, domestic violence, sexual assault, and stalking) and generally to violence directed at cisgender women or gender minorities, including cisgender men and boys who are targeted because they are perceived as insufficiently masculine, as well as transgender and gender non-conforming persons. 5 See for example, the first federal appellate ruling recognizing a Title cause of action for workplace sexual harassment was Barnes v. Costle, 561 F.2d 983, 989-90 (D.C. Cir. 1977), and the first federal ruling recognizing a female student\u2019s cause of action under Title for alleged sexual harassment by a university employee was Alexander v. Yale Univ., 459 F. Supp. 1, 4-5, 7 (D. Conn. 1977), aff\u2019d, 631 F.2d 178 (2d Cir. 1980). Likewise, the definitive early works on Bakke and on sexual harassment both appeared in this period. See generally (1979 (1979). 6 One scholar who has delved into both of these areas incisively is Professor Reva Siegel. See Reva B. Siegel, Introduction Short History of Sexual Harassment, in 1, 19-26 (Catherine A. MacKinnon & Reva B. Siegel eds., 2004); Reva B. Siegel, Equality Talk: Antisubordination and Anticlassification Values in Constitutional Struggles over Brown, 117 HARV. L. REV. 1470, 1527-34 (2004) 2019] Systematic Prevention of a Serial Problem 2353 4; Justice Powell provided the swing vote for two majority rulings, and his opinion symbolizes this fundamental tension between principles of formalistic anti-classification and substantive anti-subordination.7 Moreover, Justice Powell\u2019s opinion evokes visions of diverse campuses where students of all races, geographic regions, genders, sexual orientations, disability, socioeconomic statuses, and more live and study together in an integrated utopia.8 Admissions policies play a critical role in either facilitating or hindering such visions, and Bakke\u2019s enduring importance in protecting admissions policies that assist in making such campuses a reality is clear.9 Moreover, Bakke acknowledges that the goal of diverse, integrated campuses is an acceptable one because of its educational, and through education, societal, benefits. It is constitutionally permissible to engage in racially-conscious admissions not because it will allow the university to create student populations where the students merely look diverse, but because students from different backgrounds and experiences will influence individual students\u2019 perspectives and contributions to the educational experience itself, not only for themselves, but for other students.10 Underlying Bakke is the insight that a diverse education is a high quality education because students are in school to learn to navigate and shape workplaces, nations, and a world that are diverse and getting more diverse every year. In addition, Bakke implies that diversity goals cannot be reached by faculty and other university employees alone, but depend a great deal on the education students receive, inevitably, from their peers, who powerfully influence the culture and the living and [hereinafter Equality Talk] (discussing Bakke). 7 See Angelo N. Ancheta, Bakke, Antidiscrimination Jurisprudence, and the Trajectory of Affirmative Action Law, in 15, 15-16 (Patricia Marin & Catherine L. Horn eds., 2008); Siegel, Equality Talk, supra note 6, at 1531-34. 8 See Regents of Univ. of Cal. v. Bakke, 438 U.S. 265, 322-24 (1978) (referencing the Harvard Plan, included in the appendix to Justice Powell\u2019s opinion). 9 See for example Grutter v. Bollinger, 539 U.S. 306 (2003) where the several opinions mention Justice Powell\u2019s Bakke opinion approximately sixty-five times, and years later Fisher v. Univ. of Tex. at Austin, 570 U.S. 297 (2013) where the Justices mention Powell\u2019s Bakke opinion approximately fifteen times. 10 See Bakke, 438 U.S. at 311-13 (\u201cThe atmosphere of \u2018speculation, experiment and creation\u2019 \u2014 so essential to the quality of higher education \u2014 is widely believed to be promoted by a diverse student body. As the Court noted in Keyishian, it is not too much to say that the \u2018nation\u2019s future depends upon leaders trained through wide exposure\u2019 to the ideas and mores of students as diverse as this Nation of many peoples.\u201d (footnote omitted)). 2354 University of California, Davis [Vol. 52:2349 learning environment of the campus.11 However, it is unrealistic to expect that Bakke and subsequent affirmative action decisions deal with post-admissions educational environments. Instead, we suggest that an important law and policy conversation with potential to assist colleges in taking the next step to fulfilling Bakke\u2019s vision after students are admitted is the one using Title of the Educational Amendments of 1972 (\u201cTitle IX\u201d) and the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (\u201cClery Act\u201d), as amended by the 2013 Violence Against Women Reauthorization Act (\u201cVAWA\u201d), to prevent sexual harassment. These federal statutes\u2019 requirements that schools take steps to comprehensively prevent sexual harassment provide an important next step in realizing Bakke\u2019s vision precisely because these nuances in creating diverse educational experiences make it obvious that admissions policies are only the start. Thus, while the constitutional questions at the core of Bakke revolved around the consideration of race at the doorway (i.e., admissions) to selective university programs, equally important (and more so in more recent decades) are questions about what educational environment students inhabit once they are on the other side of that door \u2014 in classrooms, faculty offices, and in informal learning spaces.12 Much must happen, or not happen as the case may be, for a campus to progress from merely admitting students with diverse backgrounds, experiences, perspectives, and potential contributions to university life to offering students a truly diverse intellectual life and campus experience. This reality is complicated by the importance of campus culture and environment and the wide range of factors that influence that environment. Indeed, we posit that to be fully \u201cdiverse\u201d in the Bakke-ian sense, campuses must be experienced by all students, regardless of race, gender, sexual 11 Id. at 312 n.48 (\u201c[A] great deal of learning occurs informally. It occurs through interactions among students of both sexes; of different races, religions, and backgrounds; who come from cities and rural areas, from various states and countries; who have a wide variety of interests, talents, and perspectives; and who are able, directly or indirectly, to learn from their differences and to stimulate one another to reexamine even their most deeply held assumptions about themselves and their world.\u201d (quoting William G. Bowen, Admissions and the Relevance of Race WKLY., Sept. 26, 1977, at 7, 9)). 12 There was some nascent recognition of this point in Bakke where, for instance, the Harvard Plan, included in the appendix to Justice Powell\u2019s opinion, noted, \u201cthe Committee on Admissions is aware that there is some relationship between numbers and achieving the benefits to be derived from a diverse student body, and between numbers and providing a reasonable environment for those students admitted.\u201d Id. at 323-24. 2019] Systematic Prevention of a Serial Problem 2355 orientation, disability or socioeconomic statuses, and similar characteristics that often factor into admissions decisions seeking to achieve the goal of a diverse student body, as equally supportive and appreciative of those students\u2019 contributions to campus learning.13 Moreover, if we deeply value and are committed to the educational benefits of diversity we must continuously \u201cstress test\u201d and rigorously assess with social science and policy research the circumstances under which those benefits are (and are not) robustly realized.14 For example, there is a substantial social science literature documenting the benefits of college racial diversity in areas such as the quality of classroom discussions, cognitive skill development, cross-racial friendships and attitudes, and pluralistic skills vital to civic society.15 13 More research is needed on the linkages between sexual harassment and overall campus climate, a fact that animates our attempt in this Article to bridge sexual harassment, Bakke and the broader context of campus climate. See Valerie Lundy- Wagner & Rachelle Winkle-Wagner Harassing Climate? Sexual Harassment and Campus Racial Climate Research, 6 EDUC. 51, 59 (2013) (\u201cUnlike campus racial climate research, sexual harassment is rarely linked to the general campus climate. In fact, there is relatively little empirical consideration of how sexual harassment facilitates an environment that negatively influences collegiate experiences and academic outcomes.\u201d). 14 Likewise, regarding the concept of academic freedom in a Bakke/Grutter context, Professor Katyal cautions: \u201cAcademic freedom is a sacred concept, but, like most good things in life, it must be properly tended to and cherished. Otherwise, the case for its demise will become too strong.\u201d Neal K. Katyal, The Promise and Precondition of Educational Autonomy, 31 CONST. L.Q. 557, 572 (2003). 15 See, e.g., Nicholas A. Bowman, College Diversity Experiences and Cognitive Development Meta-Analysis, 80 REV. EDUC. RES. 4, 20-23 (2010) (\u201cCollege diversity experiences are associated with gains in cognitive skills, cognitive tendencies, and multiple/other cognitive outcomes, which underscores the role that these experiences may play in promoting various forms of student development.\u201d); Kristin Davies et al., Cross-Group Friendships and Intergroup Attitudes Meta-Analytic Review, 15 & SOC. PSYCHOL. REV. 332, 342 (2011) (discussing positive impacts of \u201ccross-group\u201d friendships such as anxiety reduction, closeness, IOS, and empathy); Nida Denson, Do Curricular and Cocurricular Diversity Activities Influence Racial Bias Meta-Analysis, 79 REV. EDUC. RES. 805, 824 (2009) (discussing the benefits of cross- racial interaction for students); Nida Denson & Mitchell J. Chang, Dynamic Relationships: Identifying Moderators that Maximize Benefits Associated with Diversity, 86 EDUC. 1, 1-3, 26-27 (2015) (discussing how cross-racial interaction reduced undergraduate students\u2019 racial bias); Meera E. Deo, The Promise of Grutter: Diverse Interactions at the University of Michigan Law School, 17 & L. 63, 109-12 (2011) (discussing the relationship between structural and interactional diversity); Mark E. Engberg & Sylvia Hurtado, Developing Pluralistic Skills and Dispositions in College: Examining Racial/Ethnic Group Differences, 82 EDUC. 416, 417, 435-39 (2011); Thomas F. Pettigrew & Linda R. Tropp Meta-Analytic Test of Intergroup Contact Theory, 90 & SOC. PSYCHOL. 751 passim (2006) (meta-analytic study of the potential for contact and familiarity to \u201creduce intergroup 2356 University of California, Davis [Vol. 52:2349 And yet it is also true that under some circumstances the primary beneficiaries of racial diversity can be White students who would otherwise be exposed to narrower educational horizons, and critics (from the Left) worry that the Bakke/Grutter diversity rationale can (at least some of the time) result in treating underrepresented Black and brown students as \u201cexpendable\u201d in furtherance of paternalistic educational benefits that accrue to White students.16 Nearly all campuses have quite far to go before achieving these goals around the benefits of diversity, particularly with regard to ensuring basic equality among students in their experiences with and within the campus environment. It is against this backdrop of educational benefits and risks of educational harms that in this Article we grapple with the difficult topic of sexual harassment in higher education \u2014 what one leading researcher in the field aptly describes as \u201c[s]till the last great open secret\u201d17 in higher education. Given the gendered context of most sexual harassment, we take cognizance of the continuing fact of the underrepresentation of women (and overrepresentation of men) in the most prestigious doctoral degree programs in America.18 Also animating our present focus on gender and sexual harassment in graduate school is the fact that doctoral education programs typically have much higher attrition rates than professional school programs in law, business, and medicine, and historically there are also notable gender (and racial) disparities in attrition in doctoral education.19 prejudice\u201d); Richard N. Pitt & Josh Packard, Activating Diversity: The Impact of Student Race on Contributions to Course Discussions, 53 SOC. Q. 295, 312-13 (2012); Linda R. Tropp & Elizabeth Page-Gould, Contact Between Groups, in 2 535 (Mario Mikulincer et al. eds., 2015) (discussing extensive data and research indicating the benefits of intergroup contact, including among racially diverse groups). 16 See Osamudia R. James, White Like Me: The Negative Impact of the Diversity Rationale on White Identity Formation, 89 N.Y.U. L. REV. 425, 465, 492-96 (2014); Charles R. Lawrence III, Two Views of the River Critique of the Liberal Defense of Affirmative Action, 101 COLUM. L. REV. 928, 946-67 (2001). 17 Louise F. Fitzgerald, Still the Last Great Open Secret: Sexual Harassment as Systemic Trauma, 18 483, 483 (2017) [hereinafter Still the Last Great Open Secret]; see also passim (1993). 18 Kim A. Weeden et al., Degrees of Difference: Gender Segregation of U.S. Doctorates by Field and Program Prestige, 4 SOC. SCI. 123, 137, 139-42 figs.2, 3, & 4 (2017). 19 See, e.g (2008) (discussing differences in Ph completion rates based on race, gender, and citizenship); Frim D. Ampaw & Audrey J. Jaeger, Completing the Three Stages of Doctoral Education: An Event 2019] Systematic Prevention of a Serial Problem 2357 Thus, when students drop out of graduate programs and/or leave their chosen field or academia altogether for reasons connected to sexual harassment \u2014 like the Irvine humanities student elliptically referenced in the opening quote from Derrida,20 or the astronomy students reportedly harassed at Berkeley by a renowned scholar,21 or the Davis employee who came forward thirty years later, inspired by #MeToo, alleging repeated sexual assault by his former professor and conductor of the Davis symphony,22 or the Santa Cruz student reportedly raped on the eve of her graduation by her Latin American studies professor23 \u2014 what occurs are much more than barriers to fulfilling Bakke\u2019s vision. Rather, of even deeper concern is the potential that colleges and universities may end up inadvertently exploiting students who are from marginalized groups and leaving too many of these vulnerable students worse off than before they enrolled in college or graduate schools. These risks include greater student loan indebtedness (especially when students do not complete their degrees) and more broadly \u201csystemic trauma\u201d24 that can involve multiple negative and mutually reinforcing long-term health and economic effects. We see the policies, procedures, and insights developed to combat sexual harassment under Title and the Clery Act, as amended by VAWA, as providing the most promising doctrinal developments to advance and achieve Bakke\u2019s as yet unfinished utopian vision. Our History Analysis, 53 EDUC. 640, 640-41 (2012) (discussing doctoral programs\u2019 low completion rates compared with professional degree programs and doctoral programs\u2019 low attrition rates); Ph.D. Completion Project \u2014 Program Completion Data SCHS., Completion_Data_Demographic.pdf (last visited Feb. 2, 2019) (presenting data on cumulative Ph.D. completion rates for students broken down by gender and race). 20 See Letter from Jacques Derrida to Ralph J. Cicerone, Chancellor, Univ. of Cal. Irvine, supra note 3. 21 See 1-2 (2015); Robin Wilson, Geoff Marcy\u2019s Downfall EDUC. (Feb. 21, 2016), 22 See Diana Lambert & Benjy Egel Davis Revokes Titles from Professor After Past Sex Assault Allegations Surface (Dec. 23, 2017, 1:52 PM), Danny Gray, #MeToo Arrives at the University of California (Dec. 12, 2017), 23 See Marjie Lundstrom, The Details Behind Ten Big Sexual Harassment Payouts by the State of California (Jan 26, 2018 3:21 PM), com/news/politics-government/capitol-alert/article196764169.html. 24 See Fitzgerald, Still the Last Great Open Secret, supra note 17, at 485-86. 2358 University of California, Davis [Vol. 52:2349 belief in the potential of this doctrine is based on this doctrine\u2019s recognition of the effects of trauma on equal educational opportunity, as well as the focus on comprehensive prevention that we see as explicit and implicit in these doctrines. We see both understanding the effects of trauma on equal educational opportunity and seeking to engage in comprehensive prevention as indispensable tools in moving from shallow notions of \u201cdiverse campuses\u201d to deeply meaningful manifestations of diverse educational communities where diverse students\u2019 experiences are equally supportive of their success (up to and including completion of their degrees), regardless of gender, race, and similar characteristics. Implicit in both the trauma-informed and comprehensive prevention-oriented doctrines is the need for each educational institution to commit to the meaningful discipline, including serious sanctions involving temporary and permanent separation from the campus, of those found responsible for sexual harassment, especially if they are faculty holding significantly greater formal and informal power over students. Meaningful discipline of faculty accused of sexual harassment is trauma-informed because it recognizes that most sexual harassment victims25 find encountering the accused harasser on campus to be re-traumatizing. While many victims will find educational accommodations and supportive measures that do not 25 Note the usage of terms like \u201cvictim\u201d: When discussing other authors\u2019 research, we try to use the same terms they use for the subjects of their research. In other cases, we generally use \u201cvictim\u201d and \u201csurvivor\u201d interchangeably to refer to those who have reported or disclosed in some way that they have experienced harassment. In the context of claims, complaints, lawsuits, etc., involving accusations against a specific person for harassment/violence, we use \u201caccuser,\u201d \u201ccomplainant,\u201d or \u201cplaintiff\u201d to refer to victims or survivors and \u201crespondent\u201d to refer to the person accused of harassment/violence. We also use \u201cnamed,\u201d \u201caccused,\u201d \u201calleged,\u201d or \u201creported,\u201d either as an adjective or a noun, to designate someone who has been accused of harassing or victimizing someone else. We only use \u201cdefendant\u201d when discussing the criminal process. We have selected all of these terms self-consciously with a goal of capturing and respecting, admittedly imperfectly, the self-identification of the people to whom these terms refer. We use \u201cnamed,\u201d \u201caccused\u201d and \u201cvictims,\u201d \u201csurvivors,\u201d \u201caccusers,\u201d etc. regardless of whether a neutral factfinder has found an accused individual responsible for harassing or victimizing someone. We do so because, based on our collective decades of working on sexual harassment in education, we have observed that those who report or disclose in some way that they have experienced sexual harassment self-identify as victims, survivors, accusers, complainants, and plaintiffs at different points in time and in different contexts, but these self-identities almost never have anything to do with the judgment of a neutral factfinder. Likewise, those who have been named or reported as having harassed or victimized someone else generally refer to themselves as \u201caccused\u201d or similar even when they have been found responsible for such conduct by a neutral factfinder. 2019] Systematic Prevention of a Serial Problem 2359 require discipline sufficient to heal from their trauma, some victims will need to seek discipline. Moreover, trauma-informed practice requires certain specific policies and procedures, in particular those that provide victims with procedural justice and avoid institutional betrayal\u2019s detrimental effects on victims. Meaningful discipline is a method of both secondary and tertiary prevention and is closely linked to primary prevention. It is thus a critical component of the comprehensive prevention approach that we argue Title and Clery doctrine recognizes and requires educational institutions to adopt. Although Title and Clery focus on sexual harassment and discrimination based on gender, their trauma-informed methods and comprehensive prevention goals could be more explicitly incorporated into protections against other discriminatory harassment directed at \u201cdiverse\u201d students, such as students of color, students with disabilities, foreign and undocumented students. As with sexual harassment, such harassment has similar long-term detrimental effects on the creation and maintenance of educational environments that are equally supportive of all students. These doctrines, developed in the context of sexual harassment, could therefore be extended to other civil rights contexts, with the combined effect of addressing multiple challenges faced by diverse students, including hostile environments based on race, gender, sexual orientation, disability, and socioeconomic statuses. This address of the effects of hostile educational environments, especially the trauma caused by such environments, is necessary for achieving Bakke\u2019s deeper meaning of diversity on higher education campuses. For these reasons, this Bakke symposium Article seeks to discuss sexual harassment doctrine in the context of its potential to advance Bakke\u2019s vision. As co-authors, one of us has written predominantly about Title and campus sexual violence prevention26 while the other has focused mainly on race-conscious college admission policy matters.27 We draw upon these seemingly divergent areas of civil 26 See, e.g., Nancy Chi Cantalupo, Burying Our Heads in the Sand: Lack of Knowledge, Knowledge Avoidance, and the Persistent Problem of Campus Peer Sexual Violence, 43 LOY. U. CHI. L.J. 205 (2011) [hereinafter Burying Our Heads in the Sand]; Nancy Chi Cantalupo, \u201cDecriminalizing\u201d Campus Institutional Responses to Peer Sexual Violence, 38 J.C. & U.L. 481 (2012) [hereinafter Decriminalizing Campus Responses]; Nancy Chi Cantalupo, For the Title Civil Rights Movement: Congratulations and Cautions, 125 L.J.F. 281 (2016). 27 See, e.g., William C. Kidder, How Workable Are Class-Based and Race-Neutral Alternatives at Leading American Universities? 64 100 (2016); William C. Kidder, Misshaping the River: Proposition 209 and Lessons for the Fisher 2360 University of California, Davis [Vol. 52:2349 rights scholarship to focus on a stubbornly enduring challenge in higher education that has limited the civil rights and educational opportunities of far too many talented students: faculty-on-student sexual harassment in the academy. We laid the empirical groundwork for this Article in our companion study in which we analyzed fact patterns from over three hundred college faculty sexual harassment cases.28 Our companion study revealed that among sexual harassment complaints in the media, federal civil rights investigations, and litigated cases, a majority of cases involved unwelcome physical contact such as groping or worse, and a majority of the cases also involved faculty allegedly engaged in serial/repeat sexual harassment.29 In this Article we cover both descriptive findings and normative evaluation; we attempt to deepen the academic sexual harassment literature through a far-reaching review of accountability, due process standards, sanctions, and prevention strategies in college and university sexual harassment cases. Befitting the multi-dimensional nature of the sexual harassment challenge in the academy, our scholarly approach here is interdisciplinary and we draw from law, social science, educational policy, and other fields.30 The public health model of violence prevention to which this Article looks for the \u201cnext steps\u201d in fulfilling Bakke\u2019s vision was first articulated by the Centers for Disease Control and Prevention (\u201cCDC\u201d),31 which undertook to explain how various governmental, institutional, and community responses to sexual violence could and Case, 39 J.C. & U.L. 53, 54-56 (2013); see also David Chambers et al., The Real Impact of Eliminating Affirmative Action in American Law Schools: An Empirical Critique of Richard Sander\u2019s Study, 57 STAN. L. REV. 1855, passim (2005). 28 Nancy Chi Cantalupo & William C. Kidder Systematic Look at a Serial Problem: Sexual Harassment of Students by University Faculty, 2018 L. REV. 671 passim. 29 Id. at 674, 743-44 figs.5A & 5B. 30 See, e.g., Michael A. Olivas, Review Essay, 71 EDUC. 363, 366 (2000) (book review) (\u201cSexual harassment is a subject that requires a mix of approaches, including sociology, law, narrative, psychology, and power analysis. It also takes a strong constitution and intolerance for abusiveness. . . . It is strong stuff, and the academy will be better off when the problem is treated with the seriousness it deserves.\u201d). 31 3 (2004), svprevention-a.pdf. 2019] Systematic Prevention of a Serial Problem 2361 should be viewed as working together to prevent such violence in a comprehensive fashion. Implied by this structure is an evaluative principle: to the extent that a particular response does not appear to help prevent sexual violence, it probably is not an appropriate response to the violence and therefore should not be used. In this manner, the public health model helps focus all those involved in responding to such violence on a common goal (ending the violence) and illuminates unhelpful responses to violence so they can be traded for methods where there is some evidence that the method assists in reaching the goal. Adapting the framework for the wider range of conduct encompassed by sexual harassment, comprehensive prevention incorporates three forms of prevention: primary, secondary, and tertiary prevention. Primary prevention seeks to prevent sexual harassment before it starts. Secondary prevention includes methods that respond to sexual harassment immediately or very soon after it occurs, often focusing on interventions to address the trauma of sexual harassment and the harms that sexual harassment victims can experience, affecting their health, their relationships with others, and their abilities to work and/or go to school. Tertiary prevention addresses the long-term consequences of sexual harassment, not only on the immediate victims but also secondary victims, those responsible for committing sexual harassment, and the community as a whole.32 Our adoption of the public health framework of primary, secondary, and tertiary prevention as well as our particular focus on appropriate disciplinary action in faculty harasser cases reflects a recognition that deterrence and detection of sexual harassment in academia are mutually reinforcing phenomena.33 As a legal matter in the higher educational institutions and environments with which Bakke is concerned, comprehensive sexual harassment prevention is required by U.S. Department of Education (\u201cED\u201d) regulations under both the Clery Act and under the historic approach to enforcement practiced by under Title IX.34 First, the 32 See id. at 3, 6. 33 See John M. Braxton, The Criticality of Norms to the Functional Imperatives of the Social Action System of College and University Work, 81 EDUC. 416, 425 (2010) [hereinafter The Criticality of Norms] (\u201cDeterrence and detection function as mutually reinforcing mechanisms of social control. Norm awareness and the internalization of norms also facilitate the detection of norm violations. The likelihood of detection also functions as a deterrent.\u201d). 34 Note that, as of this writing, the U.S. Department of Education (\u201cED\u201d) has issued a Notice of Proposed Rulemaking that attempts to change the regulations under which it enforces Title in a way that will depart drastically from how has 2362 University of California, Davis [Vol. 52:2349 Clery Act requires that institutions of higher education provide \u201cprograms to prevent dating violence, domestic violence, sexual assault, and stalking\u201d and defines such programs as \u201c[c]omprehensive, intentional, and integrated programming, initiatives, strategies, and campaigns intended to end dating violence, domestic violence, sexual assault, and stalking.\u201d35 Because one of us was a Negotiator in the Negotiated Rulemaking that adopted this definition36 and chaired the subcommittee that drafted several iterations of this language, we can confirm that the use of \u201ccomprehensive\u201d in this definition refers to the public health model. Although Title IX\u2019s regulations, particularly as interpreted by various guidance documents issued by ED\u2019s Office for Civil Rights (\u201cOCR\u201d), do not refer directly to the public health model as the Clery Act regulations do, OCR\u2019s and courts\u2019 interpretations of Title for the last twenty-plus years are consistent with a comprehensive prevention approach to gender-based violence. Both court and enforcement of Title recognize that the statute requires schools of all kinds, including colleges, to prevent sexual harassment, a legally- enforced Title since the first regulations were passed in 1975. Writing separately, we analyze and critique aspects of the new proposed Title regulations in forthcoming articles. Nancy Chi Cantalupo, Dog Whistles and Beachheads: The Trump Administration, Sexual Violence & Student Discipline in Education, 54 L. REV. (forthcoming 2019), William C. Kidder, (En)forcing a Foolish Consistency Critique and Comparative Analysis of the Trump Administration\u2019s Proposed Standard of Evidence Regulation for Campus Title Proceedings, 45 J. C. & U.L. (forthcoming 2019), Based on the public comments regarding Title and sexual harassment in a previous call for public comments, in which ninety-nine percent of the commenters expressed support for past Title enforcement and urged not to change the regulations, this is likely to face significant enough challenges that whether its proposals will ultimately be passed into law and survive any subsequent legal challenge is uncertain. See Tiffany Buffkin et al., Widely Welcomed and Supported by the Public Report on the Title IX-Related Comments in the U.S. Department of Education\u2019s Executive Order 13777 Comment Call, 9 71 (2019). For these reasons, this chapter discusses Title IX\u2019s requirements based on ED\u2019s traditional enforcement of Title IX, not the proposals of the current administration. 35 34 C.F.R. \u00a7 668.46 (2018). 36 2013 (2014), The specific role of the Clery Act as a regulatory tool in sexual violence prevention can be underappreciated when Title is (by default) thought of as short-hand for all civil rights legal obligations in the area of sexual violence prevention on campuses. For brief historical accounts, see Jody Jessup\u0001Anger et al., History of Sexual Violence in Higher Education, 161 SERVS. 9, 13-14 (2018), and Karen M. Tani, An Administrative Right to Be Free from Sexual Violence: Title Enforcement in Historical and Institutional Perspective, 66 L.J. 1847, 1867-69 (2017). 2019] Systematic Prevention of a Serial Problem 2363 recognized form of sex discrimination, which includes most gender- based violence affecting the higher education community. With regard to OCR\u2019s enforcement, a guidance document followed since the Clinton administration and confirmed as recently as September 2017 by the current Secretary of Education, the 2001 Revised Sexual Harassment Guidance (Revised Guidance), states the following: \u201cSchools are responsible for taking prompt and effective action to stop the harassment and prevent its recurrence school also may be responsible for remedying the effects of the harassment on the student who was harassed.\u201d37 Similarly, the standard that courts follow under Title has been articulated by the Supreme Court in Davis v. Monroe County Board of Education38 as prohibiting schools from acting with \u201cdeliberate indifference\u201d to known instances of sexual harassment, defining \u201cdeliberate indifference\u201d as actions or failures to act that cause students, at a minimum, \u201c\u2018to undergo\u2019 harassment or \u2018make them liable or vulnerable\u2019 to it.\u201d39 In keeping with the broad commitments of Title and the VAWA- amended Clery Act,40 most of what has been required by law or advanced as best practice in responding to sexual harassment, particularly peer sexual harassment, on college campuses prior to September 2017 fits into the comprehensive prevention structure. In keeping with the priorities of Vice President Biden and President Obama, who assured sexual harassment victims when he convened the White House Task Force to Protect Students from Sexual Assault that \u201cWe have your back,\u201d41 many of the prevention methods promoted during the Obama administration were either primary prevention- 37 ED. 10 (2001), 38 526 U.S. 629 (1999). 39 Id. at 644-45. 40 34 C.F.R. \u00a7 668 (2015), pdf/2014-24284.pdf. 41 Not Alone: Together Against Sexual Assault OBAMA, Note that we do not view Vice President Biden\u2019s comment as a statement against due process for the accused, but rather as a statement about ethical commitments in a civil rights context. As legal historian Karen Tani notes in her review of Title campus sexual violence prevention efforts: \u201cWhen the state speaks to subjects in rights terms, it does not simply say see you as a rights-bearing individual.\u2019 It makes a statement about jurisdiction, and invites the individual to invoke that jurisdiction, even as against other powerful actors. It says, \u2018You are mine and am yours. Come to me for protection, and hold me to account.\u2019 These are potent messages about the content of citizenship and the scope of state power.\u201d Tani, supra note 36, at 1902. 2364 University of California, Davis [Vol. 52:2349 oriented or, in the secondary and tertiary prevention areas, designed to increase victim reporting. With regard to primary prevention, the White House heavily promoted the \u201cIt\u2019s On Us\u201d program, which encouraged a sense of community responsibility for sexual harassment prevention and encouraged bystanders to intervene to prevent sexual violence and support sexual violence survivors, in particular.42 Bystander intervention programs were instituted at many colleges either through It\u2019s On Us or separately.43 With regard to the White House\u2019s emphasis on reporting in its secondary and tertiary prevention recommendations, this focus recognized that reporting is an important prevention method in numerous ways, most obviously as indispensable to identifying accused harassers, especially of the serial variety, so that steps can be taken, if the accused is found responsible for harassment, to prevent that person from engaging in further harassment.44 Encouraging reporting is an important secondary prevention strategy as well, because reporting is most effective when it occurs in the immediate aftermath of the harassment, but victims\u2019 willingness to report is often influenced by long-term, tertiary prevention methods such as the policies and procedures the college has adopted with regard to sexual harassment. The amplification of the issue by Vice President Biden and President Obama aside, the recent focus on reporting responds to the extremely low victim reporting rates among students that was first identified as a problem in peer harassment cases,45 but a phenomenon highlighted in 42 See Juliet Eilperin, Seeking to End Rape on Campus, White House Launches \u201cIt\u2019s On Us (Sept. 19, 2014), wp/2014/09/19/seeking-to-end-rape-on-campus-wh-launches-its-on-us/?utm_term= .26ca6932a9a1. 43 See, e.g., Jennifer Katz & Jessica Moore, Bystander Education Training for Campus Sexual Assault Prevention: An Initial Meta-Analysis, 28 1054 (2013) (study evaluating the effectiveness of bystander education programs); Sarah McMahon et al., Campus Sexual Assault: Future Directions for Research, 31 270, 278-79 (2018) (discussing research related to campus sexual assault and prevention mechanisms); Sarah McMahon et al., Measuring Bystander Behavior in the Context of Sexual Violence Prevention: Lessons Learned and New Directions, 32 2396, 2396-99 (2017) (study comparing different types of bystander intervention programs). 44 See discussion infra Parts V\u2013VI; see also 14-15 (2015), reports/RR1000/RR1082/RAND_RR1082.pdf (reviewing studies of college sexual assault recidivism). 45 See generally Cantalupo, Burying Our Heads in the Sand, supra note 26, at 213 2019] Systematic Prevention of a Serial Problem 2365 our previous research (and that of several other scholars) is the acute problem of low reporting rates in faculty-student sexual harassment cases.46 More importantly, decades of social science research on sexual violence victims in the context of the criminal justice system have shown that many victims will not report violence if they anticipate a skeptical, victim-blaming and/or hostile reaction from law enforcement or other authority figures.47 This is especially true in the immediate aftermath of the violence because the victim is still experiencing the damaging health effects of trauma, an insight that has led to the adoption of various \u201ctrauma-informed\u201d practices as important secondary prevention methods. The use of trauma-informed practices has nevertheless been patchy and in our experience tends to decrease in usage the more a prevention method crosses into the tertiary prevention category. For instance, one relatively non-controversial and therefore more commonly used set of trauma-informed secondary prevention methods deals with services and accommodations colleges can provide to survivors to diminish and remedy the immediate effects of trauma. These methods include assisting survivors in making changes to their classes, housing, employment, etc., giving survivors more time to complete assignments for class, and providing for their health needs.48 They tend to be less controversial because they do not involve the named harasser; indeed, using these methods, the accused harasser generally need not be informed of the survivor\u2019s disclosure and thus the college can maintain the confidentiality of the survivor\u2019s report, which often is the top priority for survivors.49 However, in our (noting pattern that ninety percent or more of U.S. college sexual assault survivors do not report their assaults). 46 See Cantalupo & Kidder, supra note 28 at 687-94; see also 80-81 (Paula A. Johnson et al. eds., 2018) (reviewing several studies, including the recent survey of University of Texas campuses). 47 See 6-7 (2014), content/uploads/2017/01/ReportingMethodsforSA.pdf. See generally Kimberly A. Lonsway & Joanne Archambault, The \u201cJustice Gap\u201d for Sexual Assault Cases: Future Directions for Research and Reform, 18 145 (2012) (looking at sexual assault reports and criminal justice responses). 48 6-8 (2015), images/uploads/main/5Things_Gender_Based_Violence.pdf. 49 See Ilene Seidman & Susan Vickers, The Second Wave: An Agenda for the Next Thirty Years of Rape Law Reform, 38 U.L. REV. 467, 472-74 (2005) (describing 2366 University of California, Davis [Vol. 52:2349 experience, trauma-informed secondary and tertiary prevention methods that require colleges to take action against a reported harasser tend to be less popular. Colleges may be called upon to investigate a complaint of gender-based violence either immediately after the violence occurs or at some later point, and the form and results of their investigations have important short and long-term consequences for many university community members \u2014 survivors, accused harassers, individual bystanders \u2014 and the school itself. For those survivors who wish to file a formal complaint against an accused harasser, colleges using trauma-informed practices will investigate fully and effectively and, if they find that harassment has occurred, will take appropriate, non-dismissive disciplinary actions, including in the sanctions imposed on the named harasser(s).50 However, to the extent that serious discipline may be required, pressure often increases to take a non-disciplinary approach, even when that approach is not trauma-informed. Providing more information regarding the characteristics of trauma- informed, secondary and tertiary prevention-oriented investigations is beyond the scope of this Article, but one of us has delved into those details in a forthcoming book chapter focusing on comprehensive prevention and investigations.51 Here, our focus is different, concerned with the sanctioning process and the sanctions themselves as forms of prevention. Although the aforementioned book chapter appears in a book about peer harassment cases, its analysis of which investigation methods qualify as secondary and tertiary prevention (and thus contribute to fulfillment of colleges\u2019 comprehensive prevention goals and obligations) applies to cases of faculty sexual harassment against students, and feed into the issue of sanctions. Likewise, this Article\u2019s analysis of sanctions in the faculty sexual harassment context should be transferrable to peer harassment cases. Sanctioning is a form of both secondary and tertiary prevention, and potentially has a significant influence on certain primary prevention methods. Sanctions are most obviously a method of tertiary prevention because they potentially establish long-term consequences for students found responsible for gender-based violence. As tertiary and secondary privacy as the air that victims breathe). 50 See our discussion of interim measures and sanctions, infra Parts and V. 51 Nancy Chi Cantalupo, Civil Rights Investigations & Comprehensive Prevention of Campus Gender-Based Violence, in (Diane R. Follingstad & Claire Renzetti eds.) (forthcoming) [hereinafter Civil Rights Investigations], papers.cfm?abstract_id=3374265. 2019] Systematic Prevention of a Serial Problem 2367 prevention, sanctions should be designed in a trauma-informed manner to serve clear long-term preventive purposes, a goal that is assisted by regulations under the Clery Act,52 which require college officials to articulate a clear rationale for the sanction they selected. This requirement encourages colleges to think carefully about their sanctions so they can articulate why they selected or created a particular sanction. This rationale should reflect how the college anticipates a sanction will prevent future harassment by both the accused harasser in that case and other potential harassers. In order to stay focused on sanctioning with preventative goals in place, college professionals should select or design sanctions based on factors such as (1) the complainant\u2019s wishes, (2) the severity of respondent\u2019s conduct, (3) the respondent\u2019s prior conduct history, (4) campus safety and maintenance of a supportive living learning environment, (5) any retaliation post reporting (such as a no contact order violation).53 Considering such factors will assist college professionals charged with sanctioning to select or design a sanction most likely to fulfill the purposes of remedying the harm to the complainant and/or preventing future harm. For instance, the college could suspend a respondent found responsible for sexual harassment until the respondent fulfills a rigorous therapeutic treatment program intervening in the cognitive, behavioral, and psychological causes of sexual harassment,54 a sanction that focuses on preventing future harassment. Such a sanction could be adjusted somewhat if the college also wanted to fulfill secondary prevention purposes of addressing the harms to victims by suspending the respondent until the complainant graduates, an especially useful sanction if the victim experiences trauma as a result of contact with the respondent, as many complainants do. Another similar combined secondary and tertiary prevention-oriented sanction could require a respondent found responsible for sexual harassment to compensate the complainant for the harm caused and the health, educational, and economic consequences of that harm with a significant amount of money 52 See 34 C.F.R. \u00a7 668.46 (2015) (\u201cNotwithstanding [FERPA], the result must also include the rationale for the result and the sanctions.\u201d). 53 For discussion of these policy considerations at a broad level, see Nathaniel J. Bray & John M. Braxton, Reflections on Codes of Conduct: Asymmetries, Vulnerabilities, and Institutional Controls, 160 EDUC. 89, 95-96 (2012). 54 See Practice Profile: Adult Sex Offender Treatment INST. JUST., https:// (last visited Dec. 11, 2018). 2368 University of California, Davis [Vol. 52:2349 calculated based on long-term costs (e.g. losses in future earning potential) as well as shorter-term expenses (e.g. medical expenses) Such sanctions and any others that involve temporary (but often lengthy) separations of the respondent from the campus may be better sanctions than permanent separation through termination of employment, as long as they include serious and seriously-enforced conditions for re-entry into the campus community. These types of sanctions may be more effective at fulfilling prevention goals (in some cases, at least) because the college still has some control and ability to create incentives for accused harassers to fulfill treatment plans, pay compensation, or comply with other sanctions. Sanctions involving potential re-entry into the campus community push in favor of requiring those found responsible for harassment to complete a serious treatment program with a solid reputation. They also should include communication to the campus as whole as to why the college is allowing an accused harasser who has been found responsible and sanctioned for harassment to re-enter the campus.55 For sanctions to avoid inhibiting secondary prevention goals, they must be trauma-informed. For instance, the highly controversial proposal to use restorative justice sanctioning processes should only be considered if these restorative justice processes are trauma- informed, which in turn requires that any restorative justice methods used are strictly used for sanctioning only and not as a method of fact- finding.56 55 See SCIS., ENG\u2019G, & MED., supra note 46, at 144 (\u201cThe use of a range of disciplinary actions may also increase the likelihood that targets report the behavior, since some targets choose not to report because they do not want to be seen as causing disruption to the status quo and just want the behavior to stop. Determining the appropriate disciplinary sanctions may be best determined based upon a review of the circumstances on a case-by-case basis; however, examples of what behavior would warrant different disciplinary actions could help improve transparency. Where appropriate, the responses could be both educational and focused toward potential rehabilitation. Furthermore, to demonstrate that the institution is not tolerating the sexually harassing behavior, the range of potential sanctions ought to be disclosed and the disciplinary decision should be made in a fair and timely way following an investigative process that is fair to all sides.\u201d). 56 Heavy disagreement exists about whether restorative justice can be used in gender-based violence cases in a manner that will not harm gender-based violence victims further. Restorative justice encompasses a range of non-adversarial techniques used to understand the harm caused by certain conduct (here, sexual harassment) and possible ways to repair that harm. Proponents of its use in campus settings believe that restorative justice, if done well, can \u201chelp participants to feel supported by the institution rather than alienated by it 4 (2016), 2019] Systematic Prevention of a Serial Problem 2369 The problem of views on appropriate sanctions bleeding into fact- finding leads to a final trauma-informed sanctioning process: separating fact-finding and sanctioning by allocating the power to sanction to a different decision-maker than the decision-maker empowered to engage in fact-finding. If one team of college officials is put in charge of fact-finding and a second team is charged with sanctioning, the risk of considerations related to sanctioning inappropriately influencing fact-finding and changing the facts found is significantly reduced.57 Such a reduction is important because the chances of the college inadvertently engaging in re-traumatizing victim-blaming are increased if fact-finding and sanctioning are not separated. We mention restorative justice processes in the context of sanctions alone and specify that they should not be used as a fact-finding method because the research on restorative justice demonstrates that the only accepted use of restorative justice in cases involving sexual harassment and gender-based violence is when an accused harasser has admitted responsibility before an investigation occurs, as well as where both the complainant and respondent have agreed to use it after being given full and extensive information about what the restorative justice process does and how it operates. We specify that restorative justice can be considered only at the sanctioning, not fact-finding stage because using alternative dispute resolution in the context of campus sexual harassment fact-finding always presents power differentials between the accused and the victim. Those power disparities are even more complicated and difficult in faculty-student abuse scenarios because the faculty member is always more powerful than the student(s). See, e.g., Jennie Kihnley, Unraveling the Ivory Fabric: Institutional Obstacles to the Handling of Sexual Harassment Complaints, 25 69, 72 (2000) (discussing how power disparities between parties with different statuses \u201cmay be intensified without formal protections\u201d). Because incorrectly designed or implemented restorative justice processes risk re-traumatizing survivors, moreover, colleges using restorative justice must commit to making a significant investment of time and money, including by hiring or contracting with experienced restorative justice practitioners to assist the college in designing the process, training college staff, negotiating a \u201cuse immunity with the appropriate prosecutor\u2019s office, and providing the resources necessary on an ongoing basis to have trained and capable practitioners lead the process and provide extensive supports to prepare all parties to engage in it. Donna Coker, Crime Logic, Campus Sexual Assault, and Restorative Justice, 49 TEX. TECH. L. REV. 147, 187-205 (2017); see Kihnley, supra note 56, at 71-72. 57 Using the University of California as an example, the Senate hearing committee makes a recommendation on sanction(s) when it issues its report that carries considerable weight, but ultimately it is the University administration and the Board of Regents (in cases of tenured faculty terminations) that is the final decision- maker on sanctions. See APM-016 2, 5 (2017 100.6 (the Chancellor \u201cshall be responsible for the organization and operation of the campus, its internal administration, and its discipline . . . .\u201d). 2370 University of California, Davis [Vol. 52:2349 Finally, in addition to being a form of both tertiary and secondary prevention, sanctioning can support or undermine primary prevention efforts. For example, an increasingly popular primary prevention program is bystander intervention, which trains students to recognize situations where a fellow student may be in danger and methods of safely intervening in those situations. However, because the college as an institution is the most important \u201cbystander\u201d to the harassment, if the college seems unwilling to investigate cases, does so using methods that re-victimize the survivor, and/or gives \u201cslap on the wrist\u201d sanctions, students are likely to question why they should be responsible for intervening as bystanders when the college is not willing to do the same.58 As a result, students will be less likely to take primary prevention educational messages seriously because the college\u2019s investigations and sanctioning process do not appear to be undertaken seriously. Despite all of these comprehensive prevention-related reasons to levy serious, if somewhat nuanced, sanctions against those found responsible for sexual harassment, experience shows that colleges and universities are hesitant to sanction seriously. This hesitancy is particularly pronounced in faculty sexual harassment cases, to which the next Part turns. Nevertheless, as Part also demonstrates, there are few liability-related reasons for this timidity. Therefore, we suggest that no compelling legal reasons exist for not adopting sanctioning practices that promote comprehensive prevention of sexual harassment, including ones that accused sexual harassers experience as punitive. This defense of serious sanctions, moreover, provides a concrete example for how the public health approach to harassment can address the \u201cnext step\u201d in achieving Bakke\u2019s vision, not only with regard to preventing the barriers to opportunity created by sexual harassment, but also to preventing similar harms arising from other forms of discriminatory harassment The #MeToo movement is a powerful example confirming the teachings of sociological theorist Emile Durkheim \u2014 that ethical norms are most salient when they are being violated, and it is the most serious transgressions of inviolable norms that elicit a sense of moral outrage inside higher education and among the broader public.59 58 See our discussion and sources infra Parts III\u2013V. 59 See 2019] Systematic Prevention of a Serial Problem 2371 Sexual harassment generates strong opprobrium both in terms of the inviolable norms held by faculty60 and the values and perceptions of other stakeholders in the academic community and beyond, including students, staff, alumni, parents and lawmakers. As one scholar and college president puts it, \u201cSexual harassment of students by professors deeply offends our sensibilities because it is a betrayal of time-honored norms and expectations that faculty be committed to advancing their pupils\u2019 academic growth.\u201d61 Given such statements, one would expect that colleges would, as a general matter, seriously sanction those found responsible for sexual harassment. Yet Table 1 (based on a synthesis of higher education disciplinary codes/handbooks, review of the cases discussed below, the secondary literature, and first-hand experience) shows that the disciplinary sanctions for faculty (and faculty administrators) typically employed at U.S. colleges and universities can range widely,62 including light, medium, and heavy sanctions (in terms of their punitive quality). Moreover, in practice there are many cases where colleges essentially impose \u201cno sanctions,\u201d found to the left end of the continuum of sanctions shown in Table 1 2-4, 26, 34 (2011) [hereinafter BADLY] (citing Durkheim); John M. Braxton & Nathaniel J. Bray, The Importance of Codes of Conduct in Academia, 160 EDUC. 1 passim (2012); see also 6-7 (Cornelia Brookfield trans., 1992 418-33 (Karen E. Fields trans., The Free Press 1995). For a discussion regarding social norms and the present historical moment in politics and #MeToo, see Cass R. Sunstein, Growing Outrage, 3 1 passim (2018), core/content/view/07A7377940D8BA0E503DDB8C10EEC70F/S2398063X18000088a.pdf/ growing_outrage.pdf. 60 BADLY, supra note 59, at 101, 124, 202; see 206 (1999). 61 217 (2002). 62 See, e.g., Braxton, The Criticality of Norms, supra note 33, at 426-27 (discussing various normative structures in colleges and universities); Donna R. Euben & Barbara A. Lee, Faculty Discipline: Legal and Policy Issues in Dealing with Faculty Misconduct, 32 J.C. & U.L. 241, 301-03 (2006) (discussing the variance and flexibility of different types of sanctions); Ann H. Franke, Faculty Misconduct, Discipline and Dismissal 5- 12 (March 22, 2002) (unpublished outline) (on file with the author) (discussing alternative punishments to dismissal of faculty). 2372 University of California, Davis [Vol. 52:2349 \u201cLight\u201d Sanctions \u201cMedium\u201d Sanctions \u201cHeavy\u201d Sanctions \u2022 Counseling memo, reprimand (where not formal discipline) \u2022 Mandatory Title training class \u2022 Restrictions on conditions of teaching/ mentoring \u2022 Withhold salary increases \u2022 Department transfer (involuntary) \u2022 Suspension with pay \u2022 Require apology \u2022 Formal censure letter (sometimes public) \u2022 Salary reduction (for one semester, year, etc.) \u2022 Monetary restitution (to victims) \u2022 Removal from \u201cat will\u201d administrative position (e.g., dept. chair, dean) \u2022 Unpaid suspension (duration matters) \u2022 Demotion (contra norms) \u2022 Termination (referred to the governing board) \u2022 Negotiated resignation (confidential agreement) \u2022 Faculty member resigns on eve of hearing or the governing board vote on sanction (may or may not be confidential) \u2022 Denial of emeritus status (at retirement or in combo with termination) Indeed, although a number of major American universities have had cases of faculty resigning in the face of the anticipated disciplinary consequences,63 often, but not always, confidentially, many have never 63 For examples at Harvard, see David Armstrong, Noted Medical Researcher Quit amid Sexual Harassment Inquiry, BOS. GLOBE, May 9, 1999, at A1; Fox Butterfield, Professor Quits on Sex Complaint (Feb. 6, 1985), 1985/02/06/us/professor-quits-on-sex-complaint.html tenured professor at Harvard University has resigned after a complaint of sexual harassment was made against him, the school disclosed today. Harvard officials said they believed it was the Table 1: Continuum of Actions/Sanctions for Sexual Harassment 2019] Systematic Prevention of a Serial Problem 2373 formally terminated a tenured faculty member for sexual harassment or any other type of misconduct. This is true of approximately half of the University of California campuses over the last half century.64 Moreover, multiple sources indicate that Harvard University has never fired a tenured professor for any type of misconduct in its storied history stretching back to 1638, even in the infamous nineteenth century case of a faculty member who was hanged for murdering another Harvard professor.65 In other cases it is not administrators but faculty hearing committees that can exhibit a questionable reluctance when faced with the prospect of recommending the firing of a colleague.66 As one first time in the university\u2019s 348-year history that a professor had left the faculty after charges of sexual misconduct were made.\u201d). 64 This is based partly on Mr. Kidder\u2019s specific personal knowledge about and experience participating in faculty termination litigation. See also Christina Hoag Regents Fire Tenured Riverside Professor UNION-TRIB. (Jan. 19, 2012, 4:58 PM), professor-2012jan19-story.html (\u201cFiring tenured professors is highly unusual. \u2018It\u2019s rare, it almost never happens,\u2019 said university spokeswoman Dianne Klein. Klein was hard- pressed to come up with a number of tenured dismissals, saying it had happened about a half-dozen times over the past 30 years.\u201d). 65 Since definitive evidence for this particular claim might seem elusive, note these multiple convergent sources. Mark L. Adams, The Quest for Tenure: Job Security and Academic Freedom, 56 CATH. U. L. REV. 67, 75 (2006) (\u201cHarvard University has never dismissed a professor for cause in over 300 years, even in the infamous case in which a professor [John W. Webster, in 1849] murdered a colleague over a debt and was later hanged for the crime.\u201d); James J. Fishman, Tenure and Its Discontents: The Worst Form of Employment Relationship Save All of the Others, 21 L. REV. 159, 173 (2000) (\u201cIn over 300 years Harvard University has never stripped a professor of tenure. Even though one [John W. Webster] murdered a colleague, he went to the gallows with his tenure intact.\u201d); see Naveen N. Srivatsa & William N. White, Hauser Losing Tenure Not Likely, Harvard\u2019s History Shows (Sept. 9, 2010), (\u201c[A] review of Harvard\u2019s recent history of faculty scandals suggests those calling for the University to dismiss Hauser [for research misconduct] should not hold their breath. The Faculty of Arts and Sciences has never begun dismissal proceedings against a faculty member because of research misconduct, according to spokesman Jeff Neal.\u201d); The Crimson Staff, Editorial, Fire Mark Hauser (Apr. 27, 2011), faculty-academic-university/ (\u201cFor a bizarre and unjustifiable set of reasons, Harvard seems to have a historical aversion to dismissing tenured faculty in any circumstance.\u201d). 66 POSKANZER, supra note 61, at 216 (\u201c[O]nce the damning charges have been circulated and supported by evidence \u2014 and in spite of the principle underlying peer review that \u2018faculty must be willing to recommend the dismissal of a colleague when necessary\u2019 \u2014 faculty are often singularly lenient towards their colleagues and balk at actual firings.\u201d (citing (1958))). 2374 University of California, Davis [Vol. 52:2349 American Association of University Professors (\u201cAAUP\u201d) leader colorfully noted years ago in a related termination context (and as a point of self-criticism), in the end his faculty committee \u201cshrank from the sight of blood.\u201d67 For example, the case of Professor Marder at the University of Wisconsin Superior, involved egregious sexual misconduct and also bullying colleagues, but the faculty committee recommended only counseling and transferring him to another department.68 The chancellor ultimately rejected those tepid measures in favor of taking the case to termination before the board of regents.69 More so than most other kinds of misconduct like plagiarism, in the context of professors accused of sexual harassment, the work of the faculty investigative or hearing committees entails greater levels of distrust by student victims/witnesses, perhaps especially in cases where women faculty are underrepresented on those committees.70 Some scholars assert that placing too much emphasis on disciplinary sanctions in academic sexual harassment cases is misguided.71 We disagree, and build here on our companion article\u2019s findings,72 as well as the literature on the dynamic process around stakeholder 67 Ralph S. Brown Jr., Financial Exigency, 62 BULL. 5, 5, 8 (1976) (discussing faculty terminations in the context of financial exigency). 68 Marder v. Bd. of Regents of Univ. of Wis. Sys., 286 Wis. 2d 252, 259 (Wis. 2005). 69 Id. at 260; Mary Ann Connell et al., Collegiality in Higher Education Employment Decisions: The Evolving Law, 37 J.C. & U.L. 529, 550-51 (2011) (\u201cLastly, this [Marder] case is telling for the resistance and difficulty that university administration typically faces in firing a tenured faculty member, as even with eighteen charges of misconduct that amounted to a \u2018near total breakdown in collegiality\u2019 in Marder\u2019s department, the faculty and board review committees recommended against termination. Despite these hurdles, the University was able to garner enough evidence of Marder\u2019s non-collegial behavior for a Board vote of eleven to three in favor of terminating Marder.\u201d). 70 Comprehensive data on this point is very difficult to collect. Jonathan Knight of the wrote (over twenty years ago, though it still rings true today): \u201cSexual harassment, unlike other kinds of professional misconduct for which a faculty member can be sanctioned, raises significant institution-wide issues of faculty authority and trust. Traditionally and still to a great extent today, men occupy most senior faculty positions and most positions on key university committees. It is men, not women, who are principally responsible for the policies of the university and for their interpretation, but it is women who are almost always the victims of sexual harassment. Men have a more restrictive view of what constitutes sexual harassment than do women, and they seem to believe that less of it occurs.\u201d Jonathan Knight, The Composition of Hearing Committees in Sexual Harassment Cases, ACADEME, Sept.-Oct. 1995, at 55, 57. 71 See 115-17, 124-26 (2001). 72 Cantalupo & Kidder, supra note 28, at 683-746. 2019] Systematic Prevention of a Serial Problem 2375 confidence in Title adjudicative policies (the ethics of demonstrating accountability versus perceived lack of confidence and institutional betrayal). For reasons detailed further below, the absence of serious sanctions for faculty sexual harassment is associated with a syndrome that renders comprehensive prevention impossible. We summarize this syndrome in Figure 2. Figure 2: Sexual Harassment and the Anti-Prevention Syndrome Surrounding the Conspicuous Absence of Serious Sanctions Students receive negative modeling on ethical norms, harmful future impacts Campus and public lose confidence in leaders\u2019 commitment to integrity Title vulnerability: Campus is \u201cresponsible for taking prompt and effective action to stop the harassment and prevent its recurrence\u201d and for \u201cremedying the effects of the harassment.\u201d Lawsuits and complaints more likely, embattled atmosphere on the campus \u201cChilly\u201d climate lowers morale and can weaken retention efforts (e.g., women in STEM) Complainants more likely to encounter retaliation Worsens victim under-reporting Consistent with Figure 2, there are a number of mutually reinforcing reasons (which are not rooted in retribution) why it is important for colleges and universities to both have and be seen as having a firm commitment to serious sanctions in faculty sexual harassment cases. These reasons are most evident (\u00e0 la the discussion above regarding Durkheim) in terms of the negative syndrome of risks associated with the absence of serious sanctions for Title sexual harassment violations: First, in many cases, the absence of serious sanctions can reflect institutional failure to protect the welfare of sexual harassment victims, including students and junior faculty members.73 This is 73 Carly Parnitzke Smith & Jennifer J. Freyd, Institutional Betrayal, 69 575, 579-80 (2014) (\u201cPsychological and organizational research has Absence of Serious Sanctions 2376 University of California, Davis [Vol. 52:2349 important in its own right, but it is also the exact opposite of the public health, comprehensive prevention approach. As discussed above, comprehensive prevention includes secondary prevention, which requires trauma-informed practices. Demonstrating indifference to student survivors\u2019 welfare, and students who are in a protected class because that class faces widespread and regular discrimination, is not trauma-informed or secondary prevention-oriented. Second, when the campus community and the public see evidence that a college or university imposes only so-called \u201cslap on the wrist\u201d sanctions, the result can be a foreseeable loss of confidence in the institution\u2019s integrity and commitment to its stated values.74 An example is the 2015\u201316 set of sexual harassment cases at Berkeley, which were widely viewed by campus stakeholders and external constituents as revealing a \u201cbroken\u201d system with a \u201cdouble-standard\u201d such that none of the half-dozen or so faculty and faculty administrators faced serious sanctions like termination (unlike lower level staff).75 Note that even more recent cases at Berkeley in 2017\u201318 suggest a turning of the tide, including with serious sanctions identified the institutional factors that contribute to this hostile environment, thus perpetrating institutional betrayal. These include acts of omission such as organizational tolerance for harassment, a lack of standard or serious sanctions, and management that does not take reports of harassment seriously . . . .\u201d (citation omitted)); see Margaret A. Lucero et al., Sexual Harassers: Behaviors, Motives, and Change Over Time, 55 331, 339 (2006) (\u201cThese results support the importance of discipline in reducing the severity of repeated incidents of harassment. As hypothesized, harassers who had been disciplined in the past demonstrated less severe current harassment than did those who had not been disciplined in the past.\u201d); see also Fitzgerald, Still the Last Open Secret, supra note 17, at 486. 74 See Camille Gallivan Nelson et al., Organizational Responses for Preventing and Stopping Sexual Harassment: Effective Deterrents or Continued Endurance?, 56 811, 812 (2007) (\u201cIf the organization\u2019s response is ineffective in ending the harassment, the well-documented physical and emotional effects of sexual harassment will continue to put employees\u2019 well-being and future productivity at risk. Further, responses perceived as ineffective may decrease victims\u2019 satisfaction with their employer\u2019s response and thereby increase the likelihood that they will take legal action . . . . (citation omitted)). 75 See, e.g., Nanette Asimov Berkeley Has History of Tolerating Sexual Harassment, S.F. CHRON. (Mar. 14, 2016, 1:37 PM), article/UC-Berkeley-has-history-of-tolerating-sexual-6886611.php; Katy Murphy Berkeley Sex Harassment Scandal Exposes \u2018Double Standard\u2019 Over Professor Protections (Aug. 11, 2016, 11:32 PM), com/2016/04/09/uc-berkeley-sex-harassment-scandal-exposes-double-standard-over- professor-protections/; Editorial, Sexual Harassment Scandal at Berkeley Shows a Broken System (Oct. 23, 2015), com/2015/10/23/mercury-news-editorial-sexual-harassment-scandal-at-uc-berkeley- shows-a-broken-system/. 2019] Systematic Prevention of a Serial Problem 2377 for faculty harassers.76 The leadership role of college presidents/ chancellors and upper-level administrators should not be underestimated, as leaders\u2019 signaling has powerful effects (positive and negative) for sexual harassment victims and for bystanders in the campus community.77 Consistent with external reaction in the recent high-profile cases at Berkeley, Northwestern, and elsewhere, surveys of college students confirm that light sanctions such as issuing a verbal or written reprimand to the sexual harasser or making him/ her apologize are viewed as among the least effective responses.78 \u201cSlap on the wrist\u201d responses lack credibility and contribute to the syndrome about stakeholders\u2019 having a lack of confidence in university Title procedures.79 In some cases it is university leaders who have been accused and/or found responsible for sexual harassment or sexual misconduct, as in three law school dean cases that led to resignations at Berkeley in 201680 and 200281 and at Case Western Reserve in 2014,82 as well as 76 See, e.g., Nanette Asimov Berkeley Fires Instructor Following Sexual Harassment Claims, S.F. CHRON. (May 26, 2017, 6:29 PDT), com/news/article/UC-Berkeley-fires-instructor-following-sexual-11171932.php. 77 Camille Gallivan Nelson & Keith A. Carroll, Sexual Harassment: \u201cIs It Just Me or Are You Hot?,\u201d in 395, 406 (Nora P. Reilly et al. eds., 2012) (\u201cParamount to avoiding workplace sexual harassment is the attitude of organizational leadership. Leaders act as role models for employees and set the tone for employees\u2019 interpretation of how sexual harassment will be handled.\u201d); see Heather M. Clarke, Predicting the Decision to Report Sexual Harassment: Organizational Influences and the Theory of Planned Behavior, 14 J. ORG. PSYCHOL. 52, 56 (2014) (\u201cSubordinates who perceive that their leaders make honest efforts to stop harassment feel significantly freer to report harassment than those viewing leaders as more harassment tolerant. Employees are also more likely to report sexual harassment when previous complainants are still employed by the company, prompt and thorough investigations are carried out, and when harassers and managers who allow harassment to continue are appropriately disciplined.\u201d (citations omitted)). 78 Nelson et al., supra note 74, at 820 (\u201c[F]orcing perpetrators to apologize and giving them verbal/written reprimands were perceived as significantly less severe and significantly less effective in communicating intolerance of harassment than all other responses.\u201d). 79 177 (2d ed. 1990 grievance that finds fault with faculty behavior should never end in token sanctions or meaningless slaps on the wrist. Compromise and vacillation defeat all of a college\u2019s good intentions by implying to victims and offenders that no one is really committed to stopping sexual harassment.\u201d). 80 Susan Svrluga, Berkeley Law School Dean Resigns After Sexual Harassment Complaint (Mar. 10, 2016), grade-point/wp/2016/03/10/berkeley-law-school-dean-resigns-after-sexual-harassment- complaint/?utm_term=.91f638ad0220. 2378 University of California, Davis [Vol. 52:2349 the architecture dean case at that was recently in litigation.83 Such cases are especially damaging with respect to campus faculty, students, and staff having confidence in the university leader\u2019s stance and values regarding sexual harassment, and so it is in these cases especially that swift and appropriate action by chancellors, presidents and provosts is sorely needed.84 Third, and relatedly, serious sanctions for sexual harassment serve the function of deterrence, both in terms of preventing future victims by the same harasser and lessening the likelihood of other faculty crossing the line into transgressive behavior.85 This is so notwithstanding the fact that it is the internalization of moral and professional norms (as opposed to instrumental responses to the risk of getting caught and sanctioned) that is generally a more powerful force pushing adherence to conduct rules for the vast majority of faculty.86 Serious sanctions are widely viewed as the most effective institutional responses in the workplace.87 It is na\u00efve to assume that 81 Linda Hamilton Krieger, Sexual Harassment on Campus/Moving Forward at Boalt Hall (Dec. 13, 2002, 4:00 PST), openforum/article/Sexual-Harassment-on-Campus-Moving-forward-at-2711502.php. 82 Elie Mystal, Dean No More: Lawrence Mitchell Has Resigned (Mar. 4, 2014, 11:05 AM), mitchell-has-resigned/. 83 Campisi v. City Univ. of N.Y., No. 15 Civ. 4859, 2016 4203549, at 1-2, 7-9 (S.D.N.Y. Aug. 9, 2016) (denying CUNY\u2019s motion to dismiss student\u2019s complaint, largely because the university officials allegedly did not promptly report and investigate student employee\u2019s verbal report of sexual harassment). After the judge\u2019s ruling, this case reached a moderate settlement. 84 See Lynn R. Offermann & Adam B. Malamut, When Leaders Harass: The Impact of Target Perceptions of Organizational Leadership and Climate on Harassment Reporting and Outcomes, 87 PSYCHOL. 885, 885, 892-93 (2002). 85 Nelson et al., supra note 74, at 812 (\u201cIn addition, research suggests that the perception that remedial actions will be taken to punish perpetrators and enforce anti- harassment policies often results in significant decreases in sexual harassment frequency. Specifically, when potential perpetrators do not fear investigation or punishment, preventative actions (e.g., sexual harassment training, publicized anti- harassment policies) have no effect on harassment frequency.\u201d (citation omitted)). On a more general level, see Nathaniel J. Bray & Marietta Del Favero, Sociological Explanations for Faculty and Student Classroom Incivilities, in 11-12 (John M. Braxton & Alan E. Bayer eds., 2004); Braxton, The Criticality of Norms, supra note 33, at 426; Bray & Braxton, supra note 53, at 95. 86 See 24 (2d ed. 2006); Bray & Favero, supra note 85, at 15. 87 See Lilia M. Cortina & S. Arzu Wasti, Profiles in Coping: Responses to Sexual Harassment Across Persons, Organizations, and Cultures, 90 PSYCHOL. 182, 183 (2005) (\u201cLeaders can communicate such intolerance [to sexual harassment] by 2019] Systematic Prevention of a Serial Problem 2379 effective training can prevent all sexual harassment and more so for the more severe and harmful forms of abuse,88 research shows that for serial sexual harassers light sanctions like reprimands and sexual harassment training will be largely ineffective,89 thus putting additional students, junior untenured faculty, and staff potentially in harm\u2019s way. For example, in the case involving the Berkeley astronomer, the publicly released Title investigation report shows that there were earlier allegations against Professor Marcy, (some anonymous), resolved through \u201cearly resolution\u201d in 2011, 2013, and 2014, prior to the four victim witnesses who were interviewed in 2014.90 This investigation report and related media coverage noted the numerous sexual harassment complaints about the professor stretching back twenty years, including before he joined the Berkeley faculty,91 and the investigator found that \u201cthe pervasiveness of Respondent\u2019s behavior is unusually high.\u201d92 This episode echoed aspects of Berkeley\u2019s first high-profile sexual harassment case that arose around the time of Bakke, where thirteen female students reported being sexually harassed by an assistant sociology professor who received only a one- quarter suspension for misconduct spanning a decade, leading to campus protests.93 Fourth, graduate students are already likely to fear retaliation for reporting faculty misconduct,94 so the absence of serious sanctions can taking complaints seriously, correcting harassing behavior, and sanctioning harassers. Consistent, proactive leadership behavior of this kind may even be more important than anti-harassment policies . . . .\u201d); Nelson et al., supra note 74, at 819-20. 88 Nelson & Carroll, supra note 77, at 405 (Based on their review of the research literature, \u201ca strong possibility exists that even well-designed preventative measures cannot change the inclination of potential perpetrators to harass. As a result, the risk of sexual harassment occurring will always exist, and organizations must constantly work to create an organizational climate that demonstrates a commitment to eliminate sexual harassment and to take action against it wherever it occurs.\u201d). 89 See Lucero et al., supra note 73, at 339-40. 90 DISCRIMINATION, supra note 21, at 4-6, 8, 10, 20. 91 Id. at 1-12; Wilson, supra note 21. 92 DISCRIMINATION, supra note 21, at 24. 93 Teresa Watanabe, At Berkeley, Promises of a Crackdown on Sexual Misconduct Are Met with Skepticism by Students (Mar. 25, 2016, 3:00 AM), story.html; see Sexual Harassment (Feb. 2, 1980), thecrimson.com/article/1980/2/2/sexual-harassment-psan-jose-cal-two-eay/. 94 See Melissa S. Anderson et al., Disciplinary and Departmental Effects on 2380 University of California, Davis [Vol. 52:2349 worsen risks of a retaliatory climate for victims bringing forward Title complaints. It can also signal to others (via word of mouth, social media, etc.) that there may be an unsafe environment in which to bring forward complaints of harassment.95 Fifth and finally, student victims of and witnesses to sexual harassment will, if the conduct is not addressed swiftly and appropriately, receive a distorted education about ethical norms in higher education, which fosters cynicism and stunts their growth as potential future members of the professoriate.96 And especially in traditionally male-dominated fields like (science, technology, engineering and mathematics), part of the current national dialogue about sexual harassment is that such behavior if unsanctioned creates an inhospitable climate for women and erodes retention efforts.97 Intertwined with our fourth and fifth points, there are significantly greater risks of harming third-parties such as other students, faculty, and staff, when colleges and universities do not take appropriate actions in sanctioning faculty sexual harassers.98 Moreover, the high Observations of Faculty and Graduate Student Misconduct, 65 EDUC. 331, 342 (1994) (surveying 2,000 graduate students at research universities and finding that \u201c53 percent of our respondents say they probably or definitely could not report cases of suspected misconduct by faculty without expecting retaliation\u201d). 95 Clarke, supra note 77, at 56-57; see Laurie A. Rudman et al., Suffering in Silence: Procedural Justice Versus Gender Socialization Issues in University Sexual Harassment Grievance Procedures, 17 SOC. PSYCHOL. 519, 537 (1995); Smith & Freyd, supra note 73, at 579-80. 96 See John M. Braxton et al., Professionalism in Graduate Teaching and Mentoring, in 168, 183 (Joseph C. Hermanowicz ed., 2011). 97 See, e.g & MED., supra note 46, at 83 (\u201cTo illustrate how sexual harassment impacts the careers of women in science, engineering, and medicine in higher education, our committee commissioned International to conduct a series of interviews with female faculty who experienced sexually harassing behaviors. . . . Several respondents indicated that they were forced to make major transitions in their career as a result of these experiences. Three themes emerged from this discussion regarding the impacts on their job opportunities, advancement, and tenure: stepping down from leadership opportunities to avoid the perpetrator, leaving their institution, and leaving their field altogether.\u201d). For journalistic accounts of some of these cases, see Ross Andersen, The Consequences of Sexual Harassment in Astronomy (Oct. 10, 2015), 410089/; Hope Jahren, She Wanted to Do Her Research. He Wanted to Talk \u201cFeelings (Mar. 4, 2016), wanted-to-do-her-research-he-wanted-to-talk-feelings.html. 98 For discussion of this important set of considerations, see Nancy Leong, Them Too, 96 WASH. U. L. REV. (forthcoming 2019) (manuscript at 5-7), com/sol3/papers.cfm?abstract_id=3118040. 2019] Systematic Prevention of a Serial Problem 2381 level of toxicity that faculty harassers can impose on their peers was abundantly clear from the reactions of astronomy department faculty in the Marcy case at Berkeley and the history department faculty in the Piterberg case at UCLA.99 Our conclusions immediately above are consistent with the 2018 National Academies committee report on sexual harassment of women in the sciences, which found: The two characteristics of environments most associated with higher rates of sexual harassment are (a) male-dominated gender ratios and leadership and (b) an organizational climate that communicates tolerance of sexual harassment (e.g., leadership that fails to take complaints seriously, fails to sanction perpetrators, or fails to protect complainants from retaliation) . . . . Organizational climate is, by far, the greatest predictor of the occurrence of sexual harassment, and ameliorating it can prevent people from sexually harassing others person more likely to engage in harassing behaviors is significantly less likely to do so in an environment that does not support harassing behaviors and/or has strong, clear, transparent consequences for these behaviors.100 Looking back at Table 1, it is important to remember that the light, medium, and heavy sanction labels are approximate and cannot capture the case-specific details that would be necessary to provide a more nuanced evaluation of the severity of a sanction(s) in an individual harassment case. The categories also attempt to aggregate the perspectives of the three primary players in these cases: the harassment survivor or survivors, the faculty member who has been found responsible for sexual harassment, and the college. This aggregation is highly imperfect in several respects, including that these groups do not always agree about the level of seriousness with which a 99 See Letter from History Dep\u2019t Faculty to Gene Block Chancellor et al. (Feb. 18, 2016), History-Faculty-Letter-022316-1.html; Statement from Berkeley Astronomy Faculty (Oct. 12, 2015), astro-faculty-statement-1.html. 100 SCIS., ENG\u2019G, & MED., supra note 46, at 50. 2382 University of California, Davis [Vol. 52:2349 particular sanction should be viewed (e.g., student survivors and members of the public will often regard formal censure as a \u201clight\u201d sanction). In addition, individuals within these groups may not agree about the level of seriousness. These problems of aggregation are probably most acute when it comes to one of the sanctions classified above as \u201cheavy\u201d: the negotiated resignation by confidential agreement. Although named faculty harassers and colleges likely regard negotiated resignations as heavy sanctions in terms of their cost to the accused faculty member and the college, survivors are more likely to perceive such agreements as \u201cgolden parachutes\u201d where a faculty member reported for sexual harassment is rewarded for doing so with a monetary settlement whereas the survivor gets no compensation. In addition, survivors and others are often legitimately concerned about the ways in which confidentiality will allow an accused faculty member to go to another college without the new campus being aware of the sexual harassment reports and/or findings at the original college. This transitions our discussion to the topic of \u201cpass the harasser\u201d situations, whereby a faculty member is reported and/or found to have sexually harassed someone at one college, leaves/resigns with a confidentiality agreement, and after being hired at a second college is again found responsible for sexual harassment. These instances present one of the most vexing challenges associated with respect to faculty sexually harassment from a public health and prevention standpoint. The issue has attracted occasional attention for many years,101 but there is no question that recent political and social shifts associated with the #MeToo movement have led to a dramatic rise in public attention to this issue across academia,102 just as in other sectors of society where there are imbalances of power between sexual harassers and victims (e.g., Bill O\u2019Reilly at Fox News,103 Hollywood 101 See, e.g., POSKANZER, supra note 61, at 225; Thomas A. Wright & Laurie Larwood, Another View on Reaffirming Our Scholarly Values Response to Richard Mowday, 23 ACAD. MGMT. REV. 9, 10-11 (1998); Tyler Kingkade, Universities Are Facing a \u201cPassing the Trash\u201d Scandal People Are Comparing to the Catholic Church (June 28, 2017, 12:38 PM) [hereinafter \u201cPassing the Trash\u201d], assault-allegations; Courtney Leatherman, Some Colleges Hush Up Charges to Get Rid of Problem Professors EDUC. (Dec. 6, 1996), com/article/Some-Colleges-Hush-Up-Charges/76254. 102 See, e.g., Colleen Flaherty, Harassment in the Field (Oct. 17, 2017), academic-field-sites-says-clear-rules-conduct-and. 103 See, e.g., Christina Cauterucci, The Fox News Sexual Harassment Scandal Is 2019] Systematic Prevention of a Serial Problem 2383 Mogul Harvey Weinstein,104 Silicon Valley tech companies and venture capital firms,105 judges\u2019 chambers,106 and the halls of Congress and state legislatures107). Many states have pending legislation to modify workplace rules about non-disclosure agreements (\u201cNDAs\u201d) in sexual harassment and assault cases.108 And pass the harasser faculty cases have been the focus of recent criticism and controversy in Congress.109 Aside from these prominent and controversial cases, Looking Worse by the Minute (Apr. 3, 2017, 4:29 PM), interest/2017/04/the-fox-news-sexual-harassment-scandal-is-looking-worse-by-the- minute.html; Emily Steel & Michael S. Schmidt, Bill O\u2019Reilly Thrives at Fox News, Even as Harassment Settlements Add Up (Apr. 1, 2017), com/2017/04/01/business/media/bill-oreilly-sexual-harassment-fox-news.html. 104 See, e.g., Ronan Farrow, From Aggressive Overtures to Sexual Assault: Harvey Weinstein\u2019s Accusers Tell Their Stories (Oct. 23, 2017), newyorker.com/news/news-desk/from-aggressive-overtures-to-sexual-assault-harvey- weinsteins-accusers-tell-their-stories. 105 See, e.g (2017), for-Uber#from_embed; Katie Benner, Women in Tech Reveal Culture of Harassment (June 30, 2017), entrepreneurs-speak-out-sexual-harassment.html; Randall Stross, Why Companies Like Uber Get Away With Bad Behavior (June 13, 2017), com/2017/06/13/opinion/travis-kalanick-uber-bad-behavior.html. 106 See, e.g., Nancy Gertner, Sexual Harassment and the Bench, 71 88 passim (2018), bench/; Matt Zapotosky, Judge Who Quit Over Harassment Allegations Reemerges, Dismaying Those Who Accused Him (July 24, 2018, 7:39 AM), washingtonpost.com/world/national-security/judge-who-quit-over-harassment-allegations- reemerges-dismaying-those-who-accused-him/2018/07/23/750a02f2-89db-11e8-a345- a1bf7847b375_story.html?utm_term=.769fd8e6f11b. 107 See, e.g., Alexei Koseff, After Women Said #MeToo, Here\u2019s How California Lawmakers Confronted Sexual Harassment (Sept. 1, 2018, 2:14 PM), 108 Elizabeth C. Tippett, The Legal Implications of the MeToo Movement, 103 MINN. L. REV. 229, 255-58 (2018); Lisa Nagele-Piazza, California Lawmakers Want to Ban Confidential Sexual Harassment Settlements MGMT. (Feb. 14, 2018), updates/pages/california-proposed-ban-confidential-harassment-settlements.aspx; Emma Roth, Is a Nondisclosure Agreement Silencing You From Sharing Your \u201cMe Too\u201d Story? Four Reasons It Might Be Illegal (Jan. 24, 2018, 9:45 AM), agreement-silencing-you-sharing-your-me-too. 109 Colleen Flaherty, Public Shaming (Jan. 13, 2016), harassers-being-passed-one-institution-another; Tyler Kingkade Professor\u2019s Sexual Harassment Case Came Out in Congress, And He\u2019s Fighting Back (May 24, 2017, 10:14 ET), sexual-harassment-case-came-out-in-congress. 2384 University of California, Davis [Vol. 52:2349 confidentiality agreements in academia are also important because they are very likely to be quite common. As we show in our companion article, the field of sexual harassment in academia is a \u201ctip of the iceberg\u201d phenomenon such that the likely volume of faculty sexual harassment settlements are orders of magnitude more numerous than cases involving terminations and other post- disciplinary sanctions.110 Confidential separation agreements are one area (unlike most due process standards, discussed below) where there is a meaningful gap between public and private institutions, since the forcing mechanism for public disclosure and scrutiny is typically a state public records act/sunshine law that only applies to public institutions.111 Historically there are few legal cases where universities faced liability for \u201cpassing the harasser\u201d to another institution, though time will tell if this changes in the wake of #MeToo. This is also a domain where reputational harms may loom larger than monetary damages. An early example case that reached a significant settlement in the 1990s involved a female undergraduate at Penn who was in a sexually and physically abusive relationship with her English professor, and in addition to her legal claims against Penn, she also sued Bates College \u2014 where the professor had taught a few years earlier and reportedly faced sexual harassment allegations and/or investigations \u2014 for \u201cfobbing him off\u201d on Penn.112 more recent case from the K-12 context that is directly on point is Doe-2 v. McLean County Unit District No. 5 Board of Directors, in which a school teacher was engaged in widespread sexual harassment and sexual misconduct toward girls; the parents of one victim sued the prior school district under Title for \u201cpassing\u201d the teacher on to the second district (where their daughter was abused) through a confidential settlement agreement and a falsely positive letter of reference.113 The Seventh 110 Cantalupo & Kidder, supra note 28, at 683-89. This comports with the civil justice system more generally. See Linda Hamilton Krieger, The Watched Variable Improves: On Eliminating Sex Discrimination in Employment, in 295, 316 (Faye J. Crosby et al. eds., 2007) (\u201cGiven that over [ninety-five] percent of civil cases settle before trial, the impact of routine confidentiality agreements in settlements can hardly be overstated.\u201d). 111 An illustrative state law example is Iowa\u2019s laws and regulations covering public records and personnel separation agreements \u00a7 22.13A (2018). 112 POSKANZER, supra note 61, at 225, 328 n.351; Nancy Gibbs, Romancing the Student (June 24, 2001), 0,9171,133975,00.html; Leatherman, supra note 101. 113 Doe-2 v. McLean Cty. Unit Dist. No. 5 Bd. of Dir., 593 F.3d 507, 510 (7th Cir. 2019] Systematic Prevention of a Serial Problem 2385 Circuit, though sympathetic on a policy level, decided that current Title standards would not permit such a theory of liability and suggested the appropriate vehicle for reform would be congressional action to expand Title IX\u2019s implied right of action.114 Various settlement agreements are the result of both good and bad reasons (indeed, there can be a mixture of good and bad reasons within the same case), and present underlying tradeoffs and dilemmas.115 Sometimes university administrators and faculty may be too cheerful in extolling the virtues of harassment settlement agreements,116 and conversely, simplistic condemnations of all settlement agreements as \u201cprotecting the abusers\u201d may incorrectly discount the benefits of such settlements to harassment victims who prioritize prompt separation of the accused faculty member from the institution and their accompanying removal from campus. As an example of the varied risk calculations one must entertain when considering settlement, suppose that a faculty member has sexually harassed one or more graduate students. In many circumstances, a formal faculty disciplinary hearing process, for all its difficulties, may actually help the student victims make progress toward graduation and psychological recovery because of the salutary signaling about the university \u201cliving its values\u201d and these students getting a fundamental sense that what happened to them is worthy of institutional response and action. In the sexual harassment research literature Dr. Jennifer Freyd and her colleagues call this \u201cleader 2010). We thank Professor Rachel Moran for discussing these cases with us in connection with our earlier article, Cantalupo & Kidder, supra note 28. 114 Doe-2, 593 F. 3d at 513. 115 See Tippett, supra note 108, at 253-55 (discussing pros and cons of sexual harassment settlement agreements). 116 See, e.g 17 (2016), documents/Joint-Committee_Report-Faculty-Discipline-Process.040416.pdf (\u201cWhen considering UC\u2019s faculty discipline system, high levels of settlement or early resolution should not unduly concern us. At the Title level this may well reflect effective investigation and the success of intermediate measures to protect and satisfy complainants. At the discipline level this could reflect the weight of the evidence against responding faculty members, their own recognition of responsibility, and their desire to avoid the potential embarrassment of a quasi-public hearing.\u201d). 2386 University of California, Davis [Vol. 52:2349 trust,\u201d117 and it marks the other end of the continuum compared to when victims experience \u201cinstitutional betrayal.\u201d118 At the same time, it would be na\u00efve to assert that such beneficial outcomes of formal discipline will necessarily be the most likely or desired outcome for all victims/complainants. In many cases a confidential settlement agreement may be the \u201cleast worst\u201d option, especially if either the victim or the administration is concerned that the victim is already struggling with the mental health effects associated with trauma and may suffer lasting additional harm in an adversarial disciplinary hearing that may involve aggressive and lengthy questioning by the accused professor\u2019s lawyer.119 related and important consideration is time;120 faculty discipline processes can often take over a year to reach completion, during which time there is a heavy toll taken on victims, the accused, and everyone else in the affected department. Some of these issues may be addressed through the institution using a civil rights investigation rather than an adversarial hearing model, the subject of the book chapter mentioned supra,121 but even a civil rights investigation approach may not achieve the speed of some settlements. 117 See, e.g., Clarke, supra note 77, at 52 (\u201cThis conceptual paper identifies several organizational factors, namely climate of tolerance of sexual harassment, organizational justice, leader trust, and coworker support, which may influence target reporting behaviors.\u201d). 118 See, e.g., Smith & Freyd, supra note 73 passim; see also Nelson et al., supra note 74, at 819 (\u201c[O]rganizations that are ineffective in communicating intolerance for harassment have higher incidence rates of sexual harassment.\u201d (citation omitted)). 119 An especially egregious example is the \u201crun away\u201d sexual harassment hearing in Tonkovich v. Kansas Board of Regents, 159 F.3d 504 (10th Cir. 1998) as described in Cantalupo & Kidder, supra note 28, at 736-37. However, it should not be inferred from this statement that we support a college overriding a survivor\u2019s desire to complete a formal process, especially not for paternalistic reasons related to a college\u2019s determination that the survivor will not be able to handle the proceeding. Under circumstances where the college has concerns for the survivor\u2019s mental health, the college should fully inform the survivor of how s/he/they should expect the process to go, including with regard to likely re-traumatizing effects, and ultimately respect the survivor\u2019s decision to move forward. 120 See NO. 2017-125 13 (2018), (\u201cThe three campuses we reviewed \u2014 Berkeley, Davis, and Los Angeles \u2014 took much longer to discipline Senate faculty than staff and non-Senate faculty. When we reviewed 23 cases, we found that on average staff received discipline in 43 days, non-Senate faculty in 74 days, and Senate faculty in 220 days. Because Senate faculty play a role in governing the university, they have a right to a hearing process that takes longer to determine discipline as it involves many steps and does not always specify time frames for completion.\u201d). 121 Cantalupo, Civil Rights Investigations, supra note 51. 2019] Systematic Prevention of a Serial Problem 2387 Finally, related to our theme of comprehensive prevention, pass the harasser scenarios raise thorny \u201ccollective action\u201d problems in the academy. Namely, campus officials might reasonably conclude that a confidential separation agreement is the quickest way to protect their students and staff from the risk of additional sexual harassment, but making such a choice can increase the risk of future sexual harassment to students at other campuses.122 Again, adopting trauma-informed, comprehensive prevention-oriented practices in which the victim is included directly or indirectly \u2014 at the victim\u2019s option \u2014 in such negotiations may be a way to improve how an institution makes such decisions (a suggestion that we acknowledge raises potential complexities regarding, e.g., the timing of formal fact-finding vis-\u00e0-vis settlement negotiations and therefore is offered as an addition to the toolkit rather than a one-size-fits-all remedy). Including the survivor has the potential for empowering the survivor and drastically lessening the likelihood that the school will make a decision that the survivor views as paternalistic and/or is subject to student protest. Recent shifts in public awareness and expectations associated with #MeToo may be beneficial in this regard,123 by making more visible and more costly for universities the reputational and third party impacts of settlements with faculty harassers, as well as helping them to see the benefits of involving survivors in such negotiations, whose priorities may be to get the named harasser off campus and therefore favor the quicker confidential settlement option. Similarly, a departed professor with a confidential settlement agreement has more incentive not to engage in flagrant acts of retaliation against survivors months or years later such as when the survivors are on the academic/professional job market.124 Although survivors rarely favor this option in our experience when they think there is a possibility of serial harassment, because many survivors prioritize preventing future harassment directed at other victims above all else, a survivor may not have reason to believe that the reported harasser has targeted or will target other victims. 122 Regarding similar issues with respect to K\u201312 employee settlement agreements and the sexual abuse of school children, see Richard T. Geisel et al., Employee Settlement Agreements: Effective Employment Practice or Public Relations Nightmare?, 36 J. SCH. PUB. REL. 194, 211-13 (2015). 123 See Tippett, supra note 108, at 278-80 (noting potential positive shifts after #MeToo). 124 This is so as a matter of rational self-interest, but observing how many sexual harasser faculty behave in litigation (admittedly not a random sample) is a reminder that many sexual harassers seem to be unable to stop themselves from acting in self- destructive ways that depart from their own rational self-interest. See Cantalupo & Kidder, supra note 28, at 739-40. 2388 University of California, Davis [Vol. 52:2349 \u201cPass the harasser\u201d cases result from several types of faculty hiring and settlement scenarios that tend to arise again and again in the U.S. higher education sexual harassment context. Immediately below, Figure 3 provides a basic typology of the three types of cases (including settlements), all of which are related to the overall pass the harasser phenomenon (despite \u201cpass the harasser\u201d being the name of only one of the categories below). Figure 3: Typology of Problematic Sexual Harasser New Hire Scenarios The first category in our typology are simple \u201cbad hire\u201d situations that sound a cautionary theme about universities that fail to exercise due diligence in their hiring decisions. For example, a chemistry faculty member Nenad Kostic left Iowa State University in 2004\u201305 when two female graduate students filed sexual harassment complaints against him (one complaint also alleged stalking/ intimidation for Kostic trying to coerce one student, who he impregnated, to get an abortion). Two months later Iowa State\u2019s faculty review board reportedly found that \u201cKostic \u2018engaged in serious and repeated misconduct\u2019 and recommended that [the university] proceed with \u2018major sanctions\u2019 against him.\u201d125 Dr. Kostic resigned in 2004\u201305 (coincidentally, after being named that year as a fellow of the prestigious American Association for the Advancement of Science126) 125 Adam Graaf, Students Accuse Iowa State of Violating Civil Rights (Aug. 23, 2005), violating-civil-rights/article_d6e8d192-6b3e-50dc-8cda-d3298b3aaeaf.html. 126 Press Release, Iowa State Univ., Three Faculty Names Fellows of Leading Scientific Society (Dec. 16, 2004), 2019] Systematic Prevention of a Serial Problem 2389 and he landed a position as a faculty member and department chair at Texas Commerce. By 2010 Texas Commerce put Kostic on notice that it would be seeking termination for an assortment of violations plus allegations of sexual harassment against two female students. The campus appeal committee noted that it was remarkable \u201cthat any one individual could provoke the number of complaints from students, faculty, and staff.\u201d127 Soon thereafter Kostic was fired and sued in court for retaliation and alleged that the university did not adhere to its due process policies. When Kostic won his jury trial (for reasons unrelated to Title IX) and the university tried to argue against front pay by relying on the after-acquired evidence rule and that it would have fired him anyway for failure to disclose pertinent employment facts about his sexually harassing conduct at Iowa State, the federal judge summarily rejected the university\u2019s position: The Court heard testimony that before hired Kostic, Kostic disclosed his history at Iowa State to certain employees. Furthermore, information about Kostic\u2019s past at Iowa State was publicly available on the Internet, obtainable through a simple Google search cannot claim it had no knowledge of Kostic\u2019s past, nor that Kostic hid his wrongdoing from during the hiring process . . . .128 The Kostic case cautions that when universities knowingly hire a faculty member previously found responsible for sexual harassment they do so at their own peril. It is clear from all the court filings that Kostic caused widespread harm at Texas Commerce and the university deeply regretted his hiring. But in the often-decentralized faculty search/hiring processes appropriate officials inside and outside the chemistry department did not \u201cconnect the dots\u201d (or were too enamored with his star research credentials and grants) until it was too late. These \u201cbad hire\u201d cases come into public view so rarely that there is apparently not higher education case law precisely on point, but there are highly analogous cases in the university setting (e.g., special admission of a star student athlete with a history of sexual assault129) 127 Kostic v. Tex Univ. at Commerce, No. 3:10-cv-2265-M, 2013 1293901, at 4 (N.D. Tex. Feb. 1, 2013). 128 Kostic. v. Tex Univ. at Commerce, No. 3:10-cv-2265-M, 2015 4475398, at 3 (N.D. Tex. Aug. 13, 2015). 129 See, e.g., Williams v. Bd. of Regents of the Univ. Sys. of Ga., 477 F.3d 1282, 1295- 99 (11th Cir. 2007). For further discussion, see Grayson Sang Walker, The Evolution 2390 University of California, Davis [Vol. 52:2349 and other sectors130 suggesting a university would face significant legal vulnerability even under the \u201cdeliberate indifference\u201d standard if sued by victims of sexual harassment. The second category of \u201cend run\u201d cases is actually a variation on the third category of \u201cpass the harasser\u201d cases, since in both situations the new hiring campus may not know about the sexual harassment allegations or findings. Because of confidentiality, the difference between \u201cend run\u201d and \u201cpass the harasser\u201d cases is often not publicly visible,131 but the distinction is meaningful given that down the road cases where there was an affirmative finding of sexual harassment will be viewed differently than cases that were left pending/ambiguous. One example of a pass the harasser case is connected to the very troubling opening quote by Jacques Derrida at the beginning of this Article. In that case, Dr. Derrida\u2019s friend and colleague at Irvine was suspended for two quarters without pay and ordered to undergo counseling in 2004 and he reportedly reached a confidential settlement while serving out this suspension, in 2005 he obtained a tenured faculty position as department chair at the University of Florida.132 In his first year at Florida, this professor was ousted as and Limits of Title Doctrine on Peer Sexual Assault, 45 HARV. C.R.-C.L. L. REV. 95, 95-101 (2010). 130 See, e.g., Doe v. Holy See, 434 F. Supp. 2d 925, 931, 957 (D. Or. 2006) (denying defendant\u2019s motion to dismiss by Archdiocese of Portland in case involving a sexually abusive priest who transferred to Portland). 131 See Kingkade, supra note 101. 132 The article by journalist Jack Stripling is worth quoting at length: Dragan Kujundzic, who was ousted as chair of UF\u2019s department of Germanic and Slavic studies just nine months after being hired, was sanctioned by the University of California, Irvine, in 2004 amid allegations that he sexually harassed a graduate student, according to court documents investigator found that the relationship between Kujundzic, then [forty-three], and the student, then [twenty-five], was consensual. But Kujundzic was still banned from campus for two quarters without pay because he violated a university policy that bars professors from dating students they supervise, according to court documents. Kujundzic, who remains a tenured professor at UF, was sued for sexual harassment by the student in 2004, and settled the case in January for an undisclosed sum. The University of California was also named as a defendant in the suit. Michael Gorham, who chaired the search committee that recommended Kujundzic, said the committee knew nothing of the allegations. In conversations with Kujundzic\u2019s references \u2014 along with other colleagues that he hadn\u2019t listed as references \u2014 the committee failed to learn of a series 2019] Systematic Prevention of a Serial Problem 2391 department chair, but he remains a faculty member there to this day.133 second \u201cpass the harasser\u201d example where the core details are in the public domain involves a professor at the University of Delaware and then San Diego State University (\u201cSDSU\u201d). This professor of Spanish was in the middle of sexual harassment discipline proceedings when, as alleged by the former chair of the faculty Privilege and Tenure committee, a deal was struck that allowed him to quietly leave in 2010\u201311 without an adverse disciplinary finding and with a confidentiality agreement.134 He was then hired at San Diego State, where he again sexually harassed students. An arbitrator found that the university had met its preponderance of evidence burden that the professor had sexually harassed several female undergraduates in 2011\u201313, noting that his second chance after Delaware (which did not learn about until much later) should have been cause for him to \u201chave redoubled his efforts at professionalism. Instead, within a few months of his arrival at strikingly similar behavior reemerged.\u201d135 Wrestling with the confidential settlement problem with comprehensive prevention goals in mind may provide some ways out of the dilemmas discussed above. For instance, a comprehensive prevention-based approach to a confidential agreement in a highly publicized case involving a history professor at may have kept the case from \u201cbreaking bad\u201d and turning into an institutional liability. of sanctions had levied against Kujundzic, Gorham said. The sanctions included a demotion and mandated sexual harassment counseling, according to court documents. \u201cThis information was nowhere near the radar screen of the search committee,\u201d Gorham said. Jack Stripling Hired Professor Unaware of His Past (Mar. 8, 2007, 12:03 AM), The graduate student in this case dropped out of her doctoral program at UCI, went to law school and later founded Atlanta Women for Equality to provide free representation to campus rape survivors. 133 Directory FLA., =Kujundzic&e=&a=staff (last visited Jan. 24, 2019); see also Stripling, supra note 132. 134 Matt Butler, Professor\u2019s Mysterious Exit Included Confidentiality Pact, REV. (Feb. 22, 2016, 11:58 PM), pact; Colleen Flaherty, New Job, Old Habits (Dec. 3, 2015), 135 Martin v. San Diego State Univ., JAMS, Arb. 1, 8 (2015) (Haden, Arb.), 184817.html (ruling affirming discipline). 2392 University of California, Davis [Vol. 52:2349 Had the university taken several secondary and tertiary prevention- oriented steps in coming to that agreement, it may have avoided a lawsuit by two graduate students resulting in a $460,000 settlement after their federal lawsuit survived UCLA\u2019s motion to dismiss,136 as well as protests two years later over the named harasser\u2019s return to classroom instruction.137 In this case, the university reached a settlement agreement with the professor with regard to a 2013 sexual harassment complaint by the first graduate student that included provisions for: (1) Suspension without pay for one quarter (three months) deferred for nearly a year; (2) Continued payment of a $40,000 stipend for service as a research center director prior to imposition of the one- quarter leave; (3) The University\u2019s promise not to file charges with the faculty senate; (4) The professor\u2019s participation in one-on-one sexual harassment training; (5 fine of $3,000 paid to UCLA; (6 provision of a letter of recommendation to the first graduate student; (7) And restrictions on meeting with students off-campus or with his office door closed.138 136 See Takla v. Regents of the Univ. of Cal., 2015 6755190, at 9 (C.D. Cal. Nov. 2015); Katherine Knott Will Pay $460,000 to 2 Graduate Students Who Said They Were Harassed EDUC. (Sept. 12, 2016), chronicle.com/blogs/ticker/ucla-will-pay-460000-to-2-graduate-students-who-said-they- were-harassed/114185. See generally Defendant\u2019s Answer to Plaintiffs\u2019 First Amended Complaint, Takla v. Regents of the Univ. of Cal., No. 2:15-CV-4418 (C.D. Cal. 2015), lawsuit/ (Defendant arguing that did not act with deliberate indifference and that the University did not cause either of the two plaintiffs to lose educational benefits or opportunities). 137 See Teresa Avila, Protests at Force Professor Accused of Sexual Harassment to Cancel Classes (Jan. 10, 2017), professor-accused-of-sexual-harassment-returns-to-post.html. 138 Teresa Watanabe, UCLA\u2013Piterberg Settlement (Mar. 2, 2016), 2019] Systematic Prevention of a Serial Problem 2393 Only those aspects of the settlement that directly related to the first graduate student were shared with her contemporaneously with the settlement.139 Several aspects of the settlement could have been changed by a comprehensive prevention approach. First, as noted above, a secondary prevention, trauma-informed approach would have involved both survivors, as long as they wished to be involved, in determining the settlement terms. Had the survivors been involved, many of the negative events that unfolded later may not have occurred, or occurred in the same manner or intensity. In addition, the survivors may have suggested/demanded a number of more trauma-informed resolutions in the settlement\u2019s terms, including not allowing a deferral that would keep the professor on campus and in potential or actual contact with the victims. Similarly, a trauma- informed suspension would have lasted significantly more than three months, ideally until the survivors had graduated, and/or included other protective measures to support the complainants\u2019 continuation of their doctoral education in the department third trauma- informed provision that we \u2014 and likely the survivors in case \u2014 would have negotiated, could have charged the faculty member money to be paid to the victims in compensation for the harassment, either instead of or in addition to the $3,000 that only \u201ccompensated\u201d the university for specially tailored sexual harassment training for the professor. In addition to the provisions suggested above, a tertiary prevention- driven approach would have included a reintegration plan that potentially addressed with the campus community why and how the named faculty harasser would return to campus. Had handled this case with more serious sanctions and given greater consideration to the third party harms foisted upon other history department faculty, it might have had a way to defuse the protests that ensued on the faculty member\u2019s return to campus.140 Instead, the unhappy situation 139 See Roberto Luna Jr Allows Professor in Ongoing Title Lawsuit to Resume Teaching (Feb. 10, 2016, 6:10 PM), 02/10/ucla-allows-professor-in-ongoing-title-ix-lawsuit-to-resume-teaching/. 140 See Teresa Watanabe Community Protests Professor\u2019s Punishment for Sex Harassment: $3,000 Fine and 11-Week Suspension (Mar. 2, 2016, 7:34 PM), (mentioning a letter signed by thirty-eight history department faculty); Teresa Watanabe Professor Sanctioned over Sexual Misconduct Allegations Returns to Teaching, Sparking Protests (Jan. 10, 2017, 7:15 PM), com/local/lanow/la-me-ln-ucla-sexual-harass-20170109-story.html; see also Memorandum from the History Department Faculty to Gene Block Chancellor, Scott 2394 University of California, Davis [Vol. 52:2349 on campus persisted for two more years, with the faculty member having a pariah status, until reached a finding in its investigation of the second graduate student complaint, causing the faculty member to leave in the face of what likely would have been a termination proceeding.141 One silver lining consistent with the theme of \u201cleader trust\u201d discussed earlier, is that under the leadership of a new vice chancellor and new Title organizational structure at UCLA, the second graduate student had enough confidence in the prevention systems in place to refile her formal complaint that had earlier been allegedly mishandled, which is what ultimately resulted in the professor\u2019s resignation.142 While pointing out all of the things could have done may seem a bit like \u201cMonday-morning quarterbacking,\u201d had the university\u2019s negotiation with the faculty member been informed by considerations based in comprehensive sexual harassment prevention, we fully believe that the university would have been led in these directions on its own, even without the benefit of 20/20 hindsight, and that the involvement of the survivors would have pushed the university in these directions even if it had not gone there on its own. In addition, had the confidential agreement been more prevention oriented, it might have helped the university to strike a balance between the downsides and upsides of confidential agreements as sanctions. Moreover, as long as it followed procedures for the investigation itself that complied with Title IX, the Clery Act/VAWA, and constitutional or contractual process requirements, both how and why it selected these sanctions would almost certainly have also complied with these laws. As this suggests, poorly selected sanctions and remedies have much greater potential cost in terms of public image than in terms of liability. Nevertheless, in the next Part, we address briefly the role that academic freedom and \u201cdue process\u201d for faculty who are reported for Waugh, Executive Vice-Chancellor & Provost, and Jerry Kang, Vice-Chancellor for Equity, Diversity and Inclusion (Feb. 18, 2016), 2737319-UCLA-History-Faculty-Letter-022316-1.html. 141 See Teresa Watanabe Student Wins Sexual Misconduct Claim Against Professor (Mar. 18, 2018, 5:00 AM), education/la-me-ucla-sexual-misconduct-piterberg-20180318-story.html. Here we rely on general experience with separation agreements and media reports; we do not have insider knowledge of the UCLA/Piterberg case. 142 See id. (\u201cBut even after that validation [of a six figure litigation settlement], UCLA\u2019s initial response to her charges still gnawed at Glasgow \u2014 as did the fact that Piterberg still had his job. When hired a new Title coordinator, Glasgow filed a complaint again, in 2016. This time, she won.\u201d). 2019] Systematic Prevention of a Serial Problem 2395 sexual harassment play in taking a comprehensive prevention approach to sanctions Justice Powell\u2019s pivotal opinion in Bakke has been recognized as one of the most important Supreme Court opinions regarding academic freedom jurisprudence,143 and Powell\u2019s deference to academic freedom is also the forebearer of Justice O\u2019Connor\u2019s majority opinion in Grutter v. Bollinger.144 Powell grounds his discussion of academic freedom in Justice Frankfurter\u2019s famous articulation in Sweezy v. New Hampshire of the \u201c\u2018four essential freedoms\u2019 of a university \u2014 to determine for itself on academic grounds who may teach, what may be taught, how it shall be taught, and who may be admitted to study,\u201d145 which includes by implication the right of a university to discipline its faculty for misconduct. Putting aside the complex issues of university governance and faculty roles therein,146 our companion study demonstrates why the vast majority of faculty sexual harassment \u2014 at least the cases that we were able to study because they made it above the waterline on our iceberg \u2014 does not challenge Frankfurter\u2019s essential freedoms regarding \u201cwho may teach, what may be taught, how it shall be taught.\u201d The primary reason academic freedom is not implicated is because, with the exception of certain disciplines mainly in the arts, teaching does not require physical contact between professor and student. Yet our empirical research shows that a significant majority of the reported sexual harassment by faculty involves physical contact. In other words, it does not involve the purely verbal conduct that might implicate academic freedom, although even non-physical contact sexual harassment is generally not constitutionally-protected free speech and therefore its regulation would not threaten academic freedom.147 143 Paul Horwitz, Grutter\u2019s First Amendment, 46 B.C. L. REV. 461, 491-94 (2005); William W. Van Alstyne, Academic Freedom and the First Amendment in the Supreme Court of the United States: An Unhurried Historical Review, 53 & CONTEMP. PROBS. 79, 138 (1990). 144 See Grutter v. Bollinger, 539 U.S. 306, 323-25 (2003). 145 Regents of Univ. of Cal. v. Bakke, 438 U.S. 265, 312 (1978) (quoting Sweezy v. New Hampshire, 354 U.S. 234, 263 (1957) (Powell, J., concurring in result). 146 See generally Judith Areen, Government as Educator New Understanding of First Amendment Protection of Academic Freedom and Governance, 97 GEO. L.J. 945, 985-1000 (2009). 147 See Frederick Schauer, The Speech-ing of Sexual Harassment, in 2396 University of California, Davis [Vol. 52:2349 In addition, academic freedom is too often \u201cpoorly understood and ill-defined\u201d148 and some of the leading scholars on academic freedom caution that an over-expansive defense of academic freedom with respect to professionally questionable conduct can ultimately undermine the cause of academic freedom and weaken public support for the academy.149 Nevertheless, in this Part we take seriously the due process aspects of academic freedom in a Title faculty misconduct setting. We do so by situating the contours of \u201cwhat process is due\u201d150 in university internal faculty sexual harassment discipline proceedings. Courts consistently recognize that tenured faculty members have property rights, and for that reason they possess associated procedural due process rights connected to their expectations of continued employment at their college or university.151 We are somewhat more LAW, supra note 6 passim. 148 Michael A. Olivas, Reflections on Professorial Academic Freedom: Second Thoughts on the Third \u201cEssential Freedom,\u201d 45 STAN. L. REV. 1835, 1835 (1993). 149 E.g., Robert Post, Discipline and Freedom in the Academy, 65 ARK. L. REV. 203, 215 (2012) (arguing that \u201cif an individual faculty member acts in ways inconsistent with disciplinary standards, she does not merit the protection of academic freedom\u201d); Frederick Schauer, Is There a Right to Academic Freedom?, 77 U. COLO. L. REV. 907, 927 (2006) (arguing that academic institutions\u2019 demand for special treatment may open them to more criticism); William W. Van Alstyne, The Specific Theory of Academic Freedom and the General Issue of Civil Liberties, 404 AM. ACAD. 140, 142 (1972). Regarding sexual harassment specifically, years ago one longtime affiliate of the wisely noted, \u201cIt is my belief that the furor over the excesses of the policing of sexual harassment comes from those who resist any oversight of their conduct toward students or colleagues. Those who persist in unethical behavior \u2014 be it harassment, other discrimination, plagiarism, scientific misconduct, or other transgressions \u2014 cannot hide behind academic freedom.\u201d Mary W. Gray, It\u2019s Power, Stupid!, 88 EDUC. 21, 30 (1994). 150 Morrissey v. Brewer, 408 U.S. 471, 481 (1972). 151 See, e.g., Bd. of Regents v. Roth, 408 U.S. 564 (1972) (finding that a state university assistant professor (untenured) had neither a Fourteenth Amendment property interest nor a liberty interest when the university simply did not rehire him and where there was no indication the non-renewal was based on a disciplinary charge that could damage the professor\u2019s reputation); Perry v. Sindermann, 408 U.S. 593 (1972) (remanding for factfinding on whether a junior college instructor who taught for a decade at the college (the last five years on a series of one-year contracts) could establish a property right in \u201cde facto tenure\u201d by virtue of his length of service, the unusual language in the college\u2019s faculty guide as well as college officials\u2019 broader rules and understandings); McDaniels v. Flick, 59 F.3d 446, 454, 457 (3d Cir. 1995) (determination that the college that fired a tenured professor for sexual harassment satisfied procedural due process guidelines); Cotnoir v. Univ. of Me., 35 F.3d 6, 10-11 (1st Cir. 1994) (post-termination hearing was not sufficient to satisfy due process procedures for a tenured professor who was fired); Collins v. Univ. of N.H., 746 F. Supp. 2d 358, 368-71 (D.N.H. 2010) (university was not required to provide tenured 2019] Systematic Prevention of a Serial Problem 2397 attentive in this Article to property interests than liberty interests for the simple reason that property interests tend to generate more frequent and salient legal disputes in academia. Nonetheless, liberty interests are relevant too because sexual harassment generally falls within the category of \u201cmoral turpitude\u201d \u2014 a term of art with specific import legally152 and with regard to professional norms in higher education153 \u2014 so as to implicate an accused faculty member\u2019s liberty interests for reasons related to stigmatic harm.154 These constitutional requirements only apply to state actors, thus setting up a dichotomy between public versus private colleges.155 But, potentially unlike in the peer harassment context,156 there is less than faculty member with due process because the ban was temporary, and therefore did not violate any liberty interests). 152 See Tonkovich v. Kan. Bd. of Regents, 159 F.3d 504, 513-14 (10th Cir. 1998) (fired professor\u2019s sexual harassment of a student constituted grounds for termination in the faculty handbook for \u201cmoral turpitude.\u201d). 153 See, e.g., POSKANZER, supra note 61, at 213 (\u201cSexual or racial harassment of students or faculty colleagues would qualify as moral turpitude.\u201d); Gregory M. Saltzman, Dismissals, Layoffs, and Tenure Denials in Colleges and Universities, in 2008 51, 60 (2008) (\u201cGrounds for moral turpitude charges include sexual harassment, fraudulent research, plagiarism, and theft of college funds.\u201d). In terms of professional norms in academia, moral turpitude means that the AAUP\u2019s recommended paid transitional year (i.e., severance pay) does not apply 67 (2013), files/2013%20Bulletin/2013RIRs.pdf (\u201cThis provision for terminal notice or salary need not apply in the event that there has been a finding that the conduct which justified dismissal involved moral turpitude.\u201d). 154 Fed. Deposit Ins. Corp. v. Henderson, 940 F.2d 465, 477 (9th Cir. 1991) (\u201cOnly the stigma of dishonesty or moral turpitude gives rise to a liberty interest; charges of incompetence do not.\u201d). 155 See Michael J. Phillips, The Substantive Due Process Rights of College and University Faculty, 28 AM. BUS. L.J. 567, 575, 604 n.41 (1991). There are narrow exceptions to the rule, where private universities were held to be state actors covered by the Fourteenth Amendment. See, e.g., Isaacs v. Bd. of Trs. of Temple Univ., 385 F. Supp. 473 (E.D. Pa. 1974) (court determined that a private institution\u2019s actions should be designated as state actions under the Fourteenth Amendment). 156 See generally Nancy Chi Cantalupo, Campus Violence: Understanding the Extraordinary Through the Ordinary, 35 J.C. & U.L. 613 (2009) [hereinafter Campus Violence] (comparing cases where students have been found responsible for sexual violence versus other forms of misconduct, at both public and private institutions); Cantalupo, Decriminalizing Campus Responses, supra note 26 (discussing cases where students found responsible for sexual violence have sued their schools for disciplining them using \u201cdue process\u201d claims at public institutions as opposed to state contract law claims at private institutions); Perry A. Zirkel, Procedural and Substantive Student Challenges to Disciplinary Sanctions at Private \u2014 as Compared with Public \u2014 Institutions of Higher Education Glaring Gap, 83 MISS. L.J. 863 (2014) (systematic 2398 University of California, Davis [Vol. 52:2349 meets the eye with this public-private divide. Bridging the divide is the fact that most U.S. public and private universities and colleges have employment contracts enforceable under state contract law, plus institutional policy statements designed to be consistent with broader academic norms and standards, and state laws applicable at private institutions.157 Indeed, in an important faculty termination case, the defendant, Stanford University, voluntarily relinquished its strongest non-state actor defense because Stanford saw its long-term institutional interests and obligations as a private university as being equivalent to the constitutional obligations at leading public universities.158 Due process for accused faculty, like students accused of misconduct,159 can be fairly basic, certainly not arising to the level of criminal due process. Cleveland Board of Education v. Loudermill explains that \u201c[t]he tenured public employee is entitled to oral or written notice of the charges against him, an explanation of the employer\u2019s evidence, and an opportunity to present his side of the story,\u201d160 and \u201cofficial(s) considering the dispute do not have to follow the Federal Rules of Evidence or Civil Procedure.\u201d161 Thus, strong legal authority supports the proposition that the due process hearing required before a college can terminate a tenured faculty appointment need not be a comprehensive court-like proceeding. review of student misconduct litigated cases). 157 POSKANZER, supra note 61, at 248-49; see 659 (5th ed. 2013) (\u201cThe rights of faculty employed by private colleges and universities are governed primarily by state contract law and occasionally by state constitutions or statutes.\u201d); Euben & Lee, supra note 62, at 241- 42. For a pertinent example of a state law enforceable at private colleges in California, see Gutkin v. Univ. of S. Cal., 101 Cal. App. 4th 967, 970-81 (Ct. App. 2002). 158 See Franklin v. Leland Stanford Jr. Univ., 172 Cal. App. 3d 322, 324, 351 n.3 (Ct. App. 1985). 159 See generally Cantalupo, Campus Violence, supra note 156 (discussing longstanding legal frameworks for due process involving students accused of misconduct); Cantalupo, Decriminalizing Campus Responses, supra note 26 (discussing cases where students found responsible for sexual violence have sued their schools for disciplining them using \u201cdue process\u201d claims at public institutions as opposed to state contract law claims at private institutions). 160 Cleveland Bd. of Educ. v. Loudermill, 470 U.S. 532, 546 (1985). 161 POSKANZER, supra note 61, at 245; see also Levitt v. Univ. of Tex. at El Paso, 759 F.2d 1224, 1227-33 (5th Cir. 1985); Garrett v. Matthews, 625 F.2d 658, 660 (5th Cir. 1980) (University of Alabama professor dismissed for insubordination and dereliction of duty, the court rejected plaintiff\u2019s argument that the \u201cadequate cause\u201d provision in the faculty handbook was too vague to pass muster); Chung v. Park, 514 F.2d 382, 386 (3rd Cir. 1975). 2019] Systematic Prevention of a Serial Problem 2399 Although such bare minimum due process standards are all that are required by most courts,162 the large majority of institutions have chosen to adopt institutional policies that afford many to most (but not necessarily all) of the AAUP\u2019s recommended policies.163 For instance, section 5.c of the guidelines includes a list of sixteen specific recommendations, including several related to fair process in misconduct investigations (e.g., access to an academic advisor or counsel, cross-examination of witnesses at the hearing, clear and convincing evidence standard).164 The has generally taken the position that procedures for discipline and due process in sexual harassment (and sexual violence) cases should be the same as other kinds of faculty discipline cases.165 As a practical matter, the more that important hallmarks of due process are provided, the greater the likelihood that faculty terminations and other serious sanctions will be defensible in the face of legal challenges. In our study of litigated faculty termination cases, universities prevailed seventy-nine percent of the time166 and the cases can be summarized by Leo Tolstoy\u2019s famous line in Anna Karenina, \u201cAll happy families are alike; each unhappy family is unhappy in its own way.\u201d167 In the cases where universities prevailed, the differences between cases did not matter much, and what comes through are two common themes: that sexual harassment is ample justification for termination and that the cornerstones of legal due process rights were satisfied (even when such legal standards were less than the full panoply of AAUP-recommended procedures). In the six cases where fired sexually harassing professors prevailed in the courts, there was some unique factual or due process issue that took on significance.168 162 See, e.g., Levitt, 759 F.2d at 1227-33 (determining that a university\u2019s violation of its own rules do not violate due process rights as long as the procedures given are constitutionally adequate). 163 See & LEE, supra note 157, at 614-22. 164 Id 11 (2004), policy encompasses the following components of academic due process: a statement of charges in reasonable particularity; opportunity for a hearing before a faculty hearing body; the right of counsel if desired; the right to present evidence and to cross- examine; record of the hearing; and opportunity to the governing board.\u201d). 165 248 (1994), see 370-71 (2012), 166 Cantalupo & Kidder, supra note 28, at 729-31 tbl.3, 739. 167 3 (Rosamund Bartlett trans., 2014). 168 See, e.g., Brown v. Cal. State Personnel Bd., 166 Cal. App. 3d 1151, 1161-63 (Ct. 2400 University of California, Davis [Vol. 52:2349 In addition to supporting serious sanctions up to and including termination of employment for a tenured faculty member, courts have supported interim suspensions of faculty while an investigation of misconduct allegations is pending. Such interim suspensions are not sanctions per se, but they are often perceived as such and do implicate accused faculty\u2019s due process rights to the extent that they are perceived as inhibiting a faculty member\u2019s activities taken prior to completion of an investigation. Therefore, court support of colleges\u2019 use of interim suspensions in faculty sexual harassment cases is an important part of the due process analysis. This support is also important because it enables colleges to use the critical secondary prevention strategy of providing student victims with accommodations in the aftermath of harassment/violence. Interim suspensions of accused faculty harassers during an investigation of a complaint can be an important accommodation for student survivors, often referred to by in Title enforcement documents as an \u201cinterim measure.\u201d169 Colleges and universities fare very well in state and federal courts when defending legal challenges to such interim suspensions if the suspension is paid and if colleges seek to prevent an immediate harm such as protecting a student from sexual harassment or retaliation by taking a reported faculty harasser App. 1985) (doctrine of laches applied where faculty member was formally fired for \u201ca series and pattern of sexual harassment\u201d but two of the three incidents were ones that the college administration sat on for four years before taking disciplinary action); Chan v. Miami Univ., 73 Ohio St. 3d 52, 56, 59-60 (Ohio 1995) (4\u20133 decision in which the Ohio Supreme Court found that it was a violation of the employment contract and due process for the university to fire Professor Chan based upon a sexual harassment grievance procedure without initiating the faculty termination disciplinary procedures that included the right to be represented by legal counsel or to cross- examine witnesses). One of the more troubling cases is Wilson v. Univ. of Tenn. at Chattanooga, in which a faculty member who had a history three years earlier of being admonished by the university for inviting a student to his home and acting inappropriately and was fired when he again had a female student in his house and rubbed her shoulders and ankle (and later he accosted the student in the parking lot after learning she filed a Title complaint against him). Wilson v. Univ. of Tenn. at Chattanooga, 2001 Tenn. App 942, 3-6 (Tenn. Ct. App. Dec. 28, 2001). In Wilson, the appellate court strained to reach the conclusion that it was not convinced that \u201cDr. Wilson was provided with adequate information from which he could have inferred that his behavior toward [the student complainant] would violate UTC\u2019s policy against sexual harassment.\u201d Id. at 21-22. 169 RIGHTS, supra note 37, at 16 (\u201cIt may be appropriate for a school to take interim measures during the investigation of a complaint . . . . Similarly, if the alleged harasser is a teacher, allowing the student to transfer to a different class may be appropriate.\u201d). 2019] Systematic Prevention of a Serial Problem 2401 out of the classroom.170 Court approval of unpaid interim suspensions prior to an investigation is more murky, but even there some such suspensions have been upheld.171 Appreciation of the importance of interim measures is aided by studying cases where colleges clearly failed to take adequate steps to protect students or other complainants in the course of handling sexual harassment complaints. George v. University of Idaho presents such a case, illustrates the great retaliatory lengths that some faculty abusers can go in sexual harassment cases,172 and provides a reminder of why, as stated by OCR, \u201cdoing nothing is always the wrong response\u201d173 (as well as being a \u201cdeliberately indifferent\u201d response).174 In this case a female law student broke off a sexual/romantic relationship with her instructor, Professor Eckhardt, a powerful faculty member who had been president of the university\u2019s faculty union.175 The appellate court, in reversing a summary judgment motion in favor of the university, noted that Eckhardt\u2019s efforts to \u201cresume the relationship became increasingly threatening and coercive. Once it became clear the relationship would not be resumed, 170 Euben & Lee, supra note 62, at 277 (\u201cFaculty members who have been suspended with pay occasionally seek legal redress. Courts generally rule that suspensions with pay do not trigger constitutional due process concerns at public institutions.\u201d); e.g., McLaurin v. Clarke, No. 96\u000116823, 1997 800243, at 3 (9th Cir. Dec. 17, 1997) (unpublished table decision); Wasson v. Sonoma Cty. Jr. Coll. Dist., 4 F. Supp. 2d 893, 906 (N.D. Cal. 1997) (\u201cWasson, by acknowledging that she was placed on paid administrative leave, cannot claim that she was deprived of a property interest in her employment, as a matter of law.\u201d); Simonson v. Iowa State Univ., 603 N.W.2d 557, 565 (Iowa 1999) (paid interim suspension justified in sexual harassment case); see TENURE, supra note 153, at 65-66 (describing conditions of paid interim suspension in Section 5.c.1). 171 Compare Silva v. Univ. of N.H., 888 F. Supp. 293 (D.N.H. 1994) (university was ordered to reinstate faculty who was suspended without pay); and Delahoussaye v. Bd. of Supervisors of Cmty. and Tech. Colls., 906 So. 2d 646 (La. Ct. App. 2005) (university\u2019s unpaid suspension of faculty member was reversed in part with regard to unpaid provision); with Haegert v. Univ. of Evansville, 977 N.E.2d 924 (Ind. 2012) (court upheld a private university\u2019s unpaid suspension of a professor). 172 George v. Univ. of Idaho, 822 P.2d 549, 550-51 (Ct. App. Idaho 1991). 173 RIGHTS, supra note 37, at iii. 174 Cantalupo, \u201cDecriminalizing\u201d Campus Institutional Responses to Peer Sexual Violence, supra note 26, at 524 n.71; see Cantalupo, Campus Violence, supra note 156, at 641-42. 175 Sexual Charge Causes Law Prof to Quit ARGONAUT, Feb. 4, 1986, at 1, 12774415.1548952396-1694452127.1548952396. 2402 University of California, Davis [Vol. 52:2349 Eckhardt\u2019s conduct became retaliatory.\u201d176 The threats and retaliation continued even after the student filed a complaint with the Title officer, until the University president and dean arranged for a separation agreement between the professor and the university that included eighteen months of paid leave, an agreement that he would not harass or disparage the student (George) and the student\u2019s agreement that she would waive all claims against the university and Eckhardt.177 The professor failed to uphold his end of the bargain during the transition while he was on paid leave when he: (1) \u201cengaged in a course of conduct to disparage George\u2019s character within the law school community;\u201d (2) sent a letter to every lawyer who was a member of the Idaho Bar \u201cadvising them that George was neither competent nor morally fit to practice law;\u201d178 and (3) opposed her candidacy with the state bar examiners. Stated more bluntly, Eckhardt \u201cslut-shamed\u201d George on a massive scale throughout the Idaho legal community.179 The court of appeal concluded that George\u2019s breach of contract claims should proceed to a jury trial because \u201c[n]o facts in the record indicate that . . . the University took any action either to prevent Eckhardt\u2019s conduct or to counteract its harmful effects on George.\u201d180 The Court reached this conclusion after finding that the University of Idaho \u201chad a good faith obligation to take reasonable measures to ensure that George obtained the benefits of the non- contact provision of the release agreement.\u201d181 176 George, 822 P.2d at 550. These facts are cast in the light more favorable to Ms. George as the non-moving party relative to the motion for summary judgment before the court. 177 Id. at 551-52. 178 Id. at 552-53. 179 Elizabeth M. Iglesias et al., Labor and Employment in the Academy Critical Look at the Ivory Tower, 6 J. 129, 159 (2002) (Professor Michael A. Olivas commenting on the George case: \u201c[A] University of Idaho law professor who, after he had an affair with a student that had gone bad, wrote a letter to every lawyer in the state of Idaho and the State Bar saying that she was a slut. He, of course, lost this case although he claimed he was protected by academic freedom.\u201d). 180 George, 822 P.2d at 553 (emphasis added). George went on to a successful career as an attorney, city council member and probate court judge in another part of the country. 181 Id. at 556 couple years later the university prevailed at trial in the George case. Reportedly former professor Eckhardt was known to be a \u201cvolatile\u201d individual who had \u201cgone off the deep end\u201d and was missing and presumed dead by the time of the trial. See David Johnson Suit Jury Finds in Favor of School TRIB. (Dec. 11, 1993), article_17119000-7762-5d91-b43b-640b701a5c5a.html. We cite the George case 2019] Systematic Prevention of a Serial Problem 2403 This Part\u2019s analyses demonstrate that neither academic freedom nor due process restrict colleges\u2019 wide discretion regarding sanctioning. They also do not restrict Title IX\u2019s and Clery/VAWA\u2019s requirements that schools engage in comprehensive prevention of sexual harassment, discussed in Part II. In addition, as Parts and make clear, the practical, public image, and reputational consequences for the college of getting a sanction wrong can be much worse than any liability consequences (although there may be both), and in the age of #MeToo, such consequences are much more likely to be serious and amplified in a way that they rarely have been in the past. Using the public health, comprehensive prevention approach to guide a college\u2019s sanctioning decision is much more likely to lead to supportable decisions both in actual court and in the court of public opinion By now, the complexity of sexual harassment, especially by faculty, and its potential destructiveness to the living and learning environment of a campus community should be evident. #MeToo is likely to keep such harassment and its connections to gender inequality in our minds. However, sexual harassment is only one example of the kinds of inequality and discrimination that \u201cdiverse\u201d students face once they are admitted to college, once they enter the door that Bakke seeks to open. Especially since the 2016 election, reports of white supremacist violence (up to and including murder)182 and harassment based on race, national origin, and religion183 have been climbing on campus, but the reality is that incidents such as the surreptitious hanging of nooses and other similar visual or verbal symbols happen distressingly frequently on college campuses.184 primarily for its factual circumstances (under modern Title deliberate indifference standards it would seem George\u2019s chances of prevailing at trial or in settlement would be better). 182 See, e.g., Catherine Rentz, Former Maryland Student Charged with Killing Bowie State Student Wants Murder, Hate Crime Charges Separated (July 31, 2018, 9:15 AM), 20180725-story.html. 183 Scott Jaschik, The Incidents Since Election Day ED. (Nov. 11, 2016), ethnic-or-racial-harassment-election-day; Susan Svrluga, Black UPenn Freshmen Added to Racist Social Media Account with \u201cDaily Lynching\u201d Calendar (Nov. 11, 2016), freshmen-added-to-racist-social-media-account-with-daily-lynching-calendar/?utm_ term=.8242bf8c03a2. 184 E.g., Mariah Bohanon, Three Incidents Involving Nooses on College Campuses are 2404 University of California, Davis [Vol. 52:2349 Federal Clery Act data shows that hate crimes on U.S. college campuses increased by one-quarter in 2016, and 2016 and 2017 combined (the latest years for which data are available) reflect the highest two-year period in campus hate crimes going back a decade or more.185 And even short of such incidents, the research on the effect of regular exposure to microaggressions (\u201cbrief and commonplace daily verbal, behavioral and environmental indignities, whether intentional or unintentional, that communicate hostile, derogatory, or negative racial slights and insults to the target person or group\u201d186) on people of color shows that \u201csubtle discrimination can, over time, elicit similar symptoms to severe trauma.\u201d187 Finally, one of us has recently collected decades of research, as well as conducted a limited original study, showing that intersectional groups such as women students of color definitely experience more discriminatory harassment overall, and probably experience more sexual harassment than White women.188 In light of these facts, fulfilling Bakke\u2019s vision of diverse higher educational communities, ones in which all students benefit from the education that living and learning with those who are different from them provides, appears significantly harder and more complicated Being Investigated as Hate Crimes (May 9, 2017), campuses-are-being-investigated-as-hate-crimes/; Rachel Chason, Student Admits to Hanging Noose on Duke Campus (Apr. 3, 2015, 10:56 ET), found-on-campus/; Veronica Hilbring, It Never Stopped: Here Are Five Recent Cases of Attempted Lynchings and Noose Intimidation (Sept. 15, 2017), Jingwen Zhang, Noose Discovery Sparks Campuswide Response (Sept. 12, 2017, 11:15 PM), discovery-sparks-campus-wide-response. 185 See Campus Safety and Security (CSS): Hate Crimes EDUC., (last visited Feb. 15, 2019). 186 Derald Wing Sue et al., Racial Microaggressions Against Black Americans: Implications for Counseling, 86 & DEV. 330, 330 (2008) (quoting Sue et al.\u2019s earlier 2007 article); see Sylvia Hurtado & Adriana Ruiz Alvarado, Discrimination and Bias, Underrepresentation, and Sense of Belonging on Campus EDUC. RES. INST. (Oct. 2015), Underrepresentation-and-Sense-of-Belonging-on-Campus.pdf. 187 Kevin L. Nadal, Microaggressions and Traumatic Stress: Theory, Research, and Clinical Treatment, AM. PSYCHOL. ASS\u2019N, (last visited Feb. 3, 2019). 188 Nancy Chi Cantalupo, And Even More of Us Are Brave: Intersectionality & Sexual Harassment of Women Students of Color, 42 (forthcoming 2019). 2019] Systematic Prevention of a Serial Problem 2405 than Bakke implies. As one might expect of the opinion of a Justice or Justices in an admissions case, Bakke simply does not address what happens after a student is admitted, and certainly not what happens when students experience trauma due to harassment, violence, and other discrimination linked to their \u201cdiverse\u201d identities. For that, we should look to laws dealing with sexual harassment and gender-based violence in education, and specifically to the public health, comprehensive prevention approach they adopt. In particular, we should adopt trauma-informed, secondary prevention practices for working with victims of all forms of discrimination, especially discriminatory harassment and violence, and we should not shy away from assigning serious sanctions for such conduct because of their influence, both direct and indirect on successful tertiary, secondary, and even primary prevention strategies. Students who face either (or both) repeated small and single large instances of discrimination in the form of aggressive, harassing and violent conduct experience trauma, so our institutional responses should respond to that reality. The comprehensive prevention of sexual harassment required by Title and Clery builds a better future for the next generation of academic scholars and thus provides a way to consider and select the most effective responses for ending such discrimination and fulfilling, in reality, the vision that Bakke presented in theory.", "7393_106.pdf": "Texas University School of Law Texas University School of Law Texas Law Scholarship Texas Law Scholarship Faculty Scholarship 7-2021 Eyes Wide Shut: Using Accreditation Regulation to Address the Eyes Wide Shut: Using Accreditation Regulation to Address the \u201cPass-the-Harasser\u201d Problem in Higher Education \u201cPass-the-Harasser\u201d Problem in Higher Education Susan Saab Fortney Texas University School of Law, [email protected] Theresa Morris Follow this and additional works at: Part of the Education Law Commons, Higher Education Commons, Higher Education Administration Commons, Higher Education and Teaching Commons, Labor and Employment Law Commons, Law and Gender Commons, Law and Society Commons, Sexuality and the Law Commons, and the Social Welfare Law Commons Recommended Citation Recommended Citation Susan S. Fortney & Theresa Morris, Eyes Wide Shut: Using Accreditation Regulation to Address the \u201cPass- the-Harasser\u201d Problem in Higher Education, 12 Calif. L. Rev. Online 43 (2021). Available at: This Article is brought to you for free and open access by Texas Law Scholarship. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Texas Law Scholarship. For more information, please contact [email protected]. 43 Eyes Wide Shut: Using Accreditation Regulation to Address the \u201cPass-the- Harasser\u201d Problem in Higher Education Susan Fortney* and Theresa Morris** Introduction ............................................................................................... 43 I. What \u201cPass the Harasser\u201d Means and How it Occurs in Higher Education ....................................................................................... 47 II. What Are the Principal Objections to Initiatives Designed to Address the \u201cPass-the-Harasser\u201d Phenomenon? ......................................... 51 III. How Higher Education Employers and State Legislatures are Starting to Tackle the Pass-the-Harasser Phenomenon ............................... 52 A. The Response from Higher Education Employers ................ 52 B. The Response from the Washington State Legislature .......... 58 IV. Why Collective Action is Necessary .................................................. 59 V. How Accreditation Standards Enlist Institutions in Addressing the Pervasive Problem ......................................................................... 61 Conclusion ................................................................................................ 63 Nationwide, universities and colleges have long struggled to deal effectively with sexual harassment and misconduct. In the wake of the #MeToo movement schools have been forced to handle increases in the number of sexual harassment and misconduct complaints. For example, Harvard University\u2019s Title Office and Office for Dispute Resolution reported a 56% increase in DOI: Copyright \u00a9 2021 Susan Fortney and Theresa Morris * Professor of Law, University Professor, and Director of the Program for the Advancement of Legal Ethics at Texas University School of Law. Thanks to National Science Foundation for providing funding to support the authors\u2019 ongoing study of sexual harassment in universities. Thanks to the editors of the California Law Review and Professors Michael Green and Angela Morrison for their insightful comments. The authors appreciate the extraordinary research assistance of Tayler Berlin, Johann Rupp, and Miranda Alonzo. ** Professor and Presidential Impact Fellow, Department of Sociology and Coordinator, Women\u2019s and Gender Studies Program, Texas University. 44 [Vol. 12:43 disclosures of sexual and gender-based harassment at the university in 2018.1 Although the attention on sexual harassment in academia has not reached the level it has in other industries, the incidents of reported sexual harassment and misconduct in postsecondary education are still alarming.2 One meta-study revealed that an average of 58% of employees in the academy reported experiencing sexual harassment.3 Another multi-institution study found that 41.8% of students indicated that they had experienced at least one type of sexually harassing behavior since enrolling in school and, among those respondents, 5.5% of undergraduate women and 24% of graduate/professional women reported the harasser was a faculty member.4 Sexual harassment in universities injures individuals and their institutions, creating high personal and institutional costs.5 Students who are sexually harassed experience an overall disengagement from the academic environment and higher rates of psychological stress, anxiety, depression, and substance abuse compared to students who are not.6 Increased psychological distress, in turn, is linked to lower academic satisfaction, greater physical illness, and a higher chance of the development of eating disorders.7 Cumulatively, these effects contribute to disengagement from the academic environment and subsequent 1. Jamie D. Halper, In Wake of #MeToo, Harvard Title Office Saw 56 Percent Increase in Disclosures in 2018, Per Annual Report (Dec. 14, 2018), 2. See Rose McDermott, Political Science\u2019s #MeToo Moment, 40 148, 149 (2019) (noting that sexual harassment is quite prevalent in the academy despite the fact that such harassment has not received as much attention as other sectors). 3. Remus Ilies et al., Reported Incidence Rates of Work-Related Sexual Harassment in the United States: Using Meta-Analysis to Explain Reported Rate Disparities, 56 PSYCH. 607, 616 (2003 2018 consensus report referred to the meta-analysis by Ilies and colleagues as the \u201cbest analysis of the prevalence of sexual harassment across workplaces and time 40 (Paula A. Johnson et al. eds., 2018), 4 47\u201348 (2020), Files/Key-Issues/Campus-Safety/Revised%20Aggregate%20report%20%20and%20appendices%201- 7_(01-16-2020_FINAL).pdf. 5. Institutional costs include the expenses associated with preventing and dealing with sexual harassment concerns. See Anemona Hartocollis, Colleges Spending Millions to Deal with Sexual Misconduct Complaints (Mar. 29, 2016), misconduct.html (referring to the huge expenditures for compliance personnel and efforts, as well as significant payments to cover settlements and judgments). Universities may also face loss of significant grant support. Sara Reardon Revoked Funding from 14 Scientists over Sexual Harassment Last Year (Feb. 28, 2019), Intangible costs relate to reputational damage related to sexual harassment claims and the negative impact on the climate and culture at the university. 6. Marisela Huerta et al., Sex and Power in the Academy: Modeling Sexual Harassment in the Lives of College Women, 32 & SOC. PSYCH. BULL. 616, 622-23 (2006). 7. Id. 2021 45 decline in academic performance.8 An American Association of University Women study found that among female students who were sexually harassed, 48% avoided the person who harassed them, 27% stayed away from particular buildings or places on campus, 16% found it hard to study or to pay attention in class, 16% had trouble sleeping, and 9% skipped a class or dropped a course, indicating a range of negative effects of sexual harassment on students.9 Other studies find similar negative effects of sexual harassment on students\u2019 school activities, academic lives, and overall experiences of the college environment.10 Faculty also suffer high personal costs from sexual harassment in academic institutions. Faculty who are sexually harassed are more likely to hold negative views of the institution\u2019s norms around respect for others, fairness towards women, and the way in which campus administration operates.11 Further, female faculty who are sexually harassed are more likely than those who are not to perceive gender-specific bias in the academic environment and in professional advancement.12 These perceptions negatively affect career satisfaction.13 Sexual harassment also has a negative impact on psychological health, job attitudes, and work behavior.14 Sexual harassment by faculty and administrators is, in part, enabled by the frequency of one-on-one interactions between perpetrators and victims, and the institutional tolerance afforded to such misconduct.15 Further, faculty perpetrators may claim academic freedom and free speech rights when defending themselves against verbal sexual harassment claims.16 Recognizing the costs and consequences of sexual misconduct and their legal obligations, colleges and universities annually devote hundreds of millions of dollars to training and other efforts to prevent sexual misconduct and to handling complaints that are made.17 Despite these efforts, one problem that 8. Id. 9 31 (Susan K. Dyer ed., 2005), 10. Gillian M. Pinchevsky et al., Sexual Victimization and Sexual Harassment Among College Students Comparative Analysis, 35 603, 613 (2019). 11. Eric L. Dey et al., Betrayed by the Academy: The Sexual Harassment of Women College Faculty, 67 EDUC. 149, 165 (2006). 12. Phyllis L. Carr et al., Faculty Perceptions of Gender Discrimination and Sexual Harassment in Academic Medicine, 132 MED. 889, 893 (2000). 13. Id. 14. Kimberly T. Schneider et al., Job-Related and Psychological Effects of Sexual Harassment in the Workplace: Empirical Evidence from Two Organizations, 82 PSYCH. 401, 412 (1997). 15. Amir Karami et al., Unwanted Advances in Higher Education: Uncovering Sexual Harassment Experiences in Academia with Text Mining, 57 & MGMT. 1, 3 (2020). 16. Nancy Chi Cantalupo & William C. Kidder Systematic Look at a Serial Problem: Sexual Harassment of Students by University Faculty, 2018 L. REV. 671, 676 (2018) [hereinafter Systematic Look at a Serial Problem]. 17. See Hartocollis, supra note 5 (describing how colleges nationwide are spending millions to hire lawyers and a wide array of officials necessary to deal with the increasing number of sexual misconduct complaints). 46 [Vol. 12:43 largely goes unaddressed is the relative ease with which harassers may move from school to school with limited or no scrutiny related to past misconduct. The institutional role in this phenomenon is referred to as \u201cpass the harasser\u201d or, more pejoratively, \u201cpass the trash.\u201d18 Universities that do not disclose sexual harassment findings to prospective employers effectively facilitate employees\u2019 moving to another institution without having to answer questions related to their past conduct. This may contribute to a lack of accountability and increase the likelihood of future harassment at the new institution if harassers believe that they can escape scrutiny and consequences for harassing others. The failure to disclose information on past misconduct also results in information asymmetry that limits the hiring institution\u2019s efforts to screen candidates. Following their own experiences with hiring faculty and administrators who had engaged in misconduct at other schools, two university systems have recognized the importance of reforming their policies and practices to better screen candidates and directly address issues related to past misconduct.19 In 2019, the University of California Davis Davis) and the University of Wisconsin system implemented policies covering personnel inquiries and hiring procedures related to sexual misconduct. Their experience exploring and implementing these changes provides guidance to other institutions and governing bodies that make decisions related to university hiring practices. Such changes will improve the status quo, but as discussed below, an effective and sustainable approach requires a more extensive regulatory system that applies to institutions across the country. Although it is commendable that a few university systems are taking steps to better screen candidates, the pass-the-harasser problem is national in scope, and, thus, a solution requires collective action by institutions across the country. Rather than keeping their eyes wide shut and ignoring a problem in plain view, other institutions should follow the lead of Davis and the University of Wisconsin system. To promote such action, we propose a comprehensive strategy tied to something all institutions need: accreditation by an agency recognized by the U.S. Department of Education. To provide background on the importance of tackling issues related to hiring faculty and administrators, Part discusses how and why the pass-the- 18. See Sarah Brown & Katherine Mangan, \u2018Pass the Harasser\u2019 Is Higher Ed\u2019s Worst-Kept Secret. How Can Colleges Stop Doing It EDUC. (June 27, 2019), colleges-stop-doing-it/?cid2=gen_login_refresh&cid=gen_sign_in (describing how colleges play roles in facilitating the mobility of persons who have committed harassment). 19. See id. (quoting a senior campus counsel at the University of California at Davis, who stated that the university was inspired to crack down after \u201cbitter experience in really short succession hiring two faculty members from prestigious peer institutions who had engaged in egregious misconduct\u201d). See also infra notes 51-72 and accompanying text (discussing background information related to the University of Wisconsin system). 2021 47 harasser problem arises and persists. This part identifies the common scenarios that arise when employees dealing with sexual misconduct findings or investigations seek new employment at another institution. This section further considers how university hiring practices contribute to persons being able to leave one institution for another without the new institution learning about misconduct findings or pending investigations at another school. In an attempt to change these hiring practices, schools are increasingly exploring changes in their hiring policies and procedures. To understand the perspective of those who support the status quo, Part considers the principal objections of those who oppose inquiries related to past misconduct of candidates for positions in higher education. Part reviews recent progress two university systems and one state have made to address the pass-the-harasser problem. Recognizing the value of such initiatives, Part examines why efforts by individual systems and states fall short and why concerted action is necessary to effectively address the problem. Part proposes that accreditation agencies take a leadership role in enacting change by adopting accreditation standards covering the institutional responsibility to exercise hiring due diligence related to prior sexual misconduct. The conclusion explains the role that such standards can play in providing students and faculty a safe and secure environment where they can learn and thrive Critics use the phrase \u201cpass the harasser\u201d to concisely capture the role that institutions play in allowing individuals to change employers without the new employer learning about sexual harassment or misconduct baggage that the employees may carry.20 In higher education, the pass-the-harasser phenomenon is not a recent concern. Dating back to 1996, the Chronicle of Higher Education, a major news service covering academic affairs, published an article cautioning that versions of \u201cpassing the harasser\u201d are \u201cconstantly played out on campuses.\u201d21 Fast-forward to 2019, the same publication ran an article referring to the \u201cpass-the-harasser\u201d problem as higher education\u2019s \u201cworst-kept secret.\u201d22 Although commentators may describe the phenomenon somewhat differently, \u201cpass the harasser\u201d narrowly refers to the \u201cpractice of keeping private 20. E.g., Nell Gluckman, How One College Has Set Out to Fix \u201ca Culture of Blatant Sexual Harassment EDUC., Dec. 2017, at 18, 18, sexualboundaries-v2-i.pdf. \u201cPass the harasser\u201d concerns arise in other sectors including private industry and K-12 education settings. This essay focuses on the occurrence in higher education. 21. Courtney Leatherman, Some Colleges Hush Up Charges to Get Rid of Problem Professors EDUC. (Dec. 6, 1996), charges-to-get-rid-of-problem-professors/. 22. Brown & Mangan, supra note 18. 48 [Vol. 12:43 the names of people investigated or fired for sexual misconduct.\u201d23 More generally, it covers situations when a harasser moves to another institution without the hiring institution\u2019s knowledge of the prior misconduct related concern relates to the failure of hiring institutions to exercise due diligence when faced with credible information that a candidate was subject to prior sexual harassment complaints federal court controversy reveals how faculty members can move to another university without the new employer investigating their prior misconduct. Nenad M. Kostic, a chemistry professor, resigned from his position at Iowa State University after two graduate students filed sexual harassment complaints against him.24 faculty review board at Iowa State found that Kostic \u201cengaged in serious and repeated misconduct\u201d and recommended that the university proceed with major sanctions against him.25 Subsequently, Texas University at Commerce (TAMUC) hired Kostic to serve as chair of the chemistry department.26 After receiving allegations of sexual misconduct and other complaints terminated Kostic, and Kostic sued.27 Although Kostic prevailed on grounds unrelated to the sexual harassment complaints, the court observed that because \u201cinformation about Kostic\u2019s past at Iowa State was publicly available on the Internet, obtainable through a simple Google search cannot claim it had no knowledge of Kostic\u2019s past, nor that Kostic hid his wrongdoing from during the hiring process.\u201d28 Along with the court\u2019s observation in the Kostic case, many other reported incidents involving harasser mobility raise concerns about university hiring practices and the lack of communication between and among postsecondary schools.29 Given the heightened awareness related to sexual harassment, and the clear legal and regulatory requirements to address sexual misconduct on campuses,30 the question is why universities and colleges continue to hire faculty and administrators without screening for prior sexual misconduct. 23. Gluckman, supra note 20. \u201cIt is referred to as \u2018pass the harasser\u2019 because bad actors were allowed to jump from job to job.\u201d Id. 24. Adam Graaf, Students Accuse Iowa State of Violating Civil Rights (Aug. 23, 2005), d3298b3aaeaf.html. One student alleged that Kostic sexually harassed her and the second student claimed that Kostic impregnated her and \u201c[engaged] in an unrelenting campaign of harassment, stalking and intimation designed to force her to get an abortion.\u201d Id. 25. Id. 26. Kostic v. Tex Univ. at Commerce, 11 F. Supp. 3d 699, 709 (N.D. Tex. 2014). 27. Id. at 731. 28. Kostic v. Tex Univ. at Commerce, No. 3:10-cv-2265-M, 2015 4775398, at *3 (N.D. Tex. Aug. 13, 2015). 29. See infra notes 36-46 and accompanying text. 30. Most notably higher education institutions must comply with Title of the Higher Education Act and related regulations. Title provides, \u201cNo person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any education program or activity receiving Federal financial assistance.\u201d 20 U.S.C. \u00a7 1681(a) (2021). 2021 49 Understanding common hiring practices and approaches used in higher education provides answers. Both the prior institution and the new employer bear responsibility when the hiring institution is unaware of the prior harassment. Often, critics of university hiring practices point to the responsibility of the institution that did not disclose the misconduct, attributing nondisclosure to the institution\u2019s own self-interest.31 An employer may limit how much information is shared based on an interpretation of applicable privacy and labor laws.32 Employers also face liability concerns arising from disclosure of negative information to prospective employers.33 In particular, risk-averse employers may believe that providing any information on sexual misconduct allegations exposes them to defamation actions.34 Finally, nondisclosure provisions in a settlement agreement with an employee may limit what an employer may reveal about the employee\u2019s record, as the agreement may spell out what an employer may disclose, or it may limit disclosure to name, position, and dates of employment.35 The atomistic nature of faculty hiring also contributes to a hiring institution\u2019s not learning about candidates\u2019 past misconduct. Faculty hiring in higher education tends to be handled by the individual department conducting the search and screening candidates. This decentralized approach means that reference checking is largely left to members of the search committee.36 Without a university directive instructing search committee members to ask references about possible misconduct by candidates, it is doubtful that such questions will be asked.37 school may even dissuade committee members from seeking 31. See Gluckman, supra note 20 (explaining how not disclosing misconduct to a prospective employer \u201ceffectively gives faculty members who have been fired for sexual harassment a better chance of finding work elsewhere\u201d). 32. Jeffrey Mervis Unwittingly Hired a Professor Guilty of Bullying, Highlighting the \u2018Pass the Harasser\u2019 Problem (Nov. 18, 2019, 10:30 AM), highlighting-pass-harasser-problem. 33. See Matthew L. Mac Kelly, Employer Liability for Employment References, WIS. LAW., Apr. 1, 2008, at 8 (discussing potential sources of liability arising from employment references). 34. For an examination of defamation liability and reference checks in university settings, see Neal Schlavensky, Comment, Sexual Misconduct, Employment References, and Hiring in Higher Education: Is it Time for the Duty of Care to Evolve?, 2019 1, 7-9 (2019). Although truth is a strong defense to defamation claims, a lawyer representing universities notes that liability for reference checks is a \u201cmyth we cannot break open.\u201d Colleen Flaherty, No More Passing the Harasser (Sept. 25, 2018), wisconsin-system-proceeds-plan-disclose-misconduct-findings-against- employees#:~:text=U%20of%20Wisconsin%20moves%20forward,expect%20the%20policy%20to% 20spread [hereinafter No More Passing the Harasser]. 35. Id. 36. Nancy Chi Cantalupo & William C. Kidder, Systematic Prevention of a Serial Problem: Sexual Harassment and Bridging Core Concepts of Bakke in the #MeToo Era, 52 2349, 2389 (2019) (referring to the often-decentralized faculty search/hiring processes in universities) [hereinafter Prevention of a Serial Problem]. 37. University administration may provide guidance on the types of questions to ask. See, e.g., Univ. of Nev. at Las Vegas, Human Resources, Questions for References, 50 [Vol. 12:43 information from persons not included on the reference list provided by candidates. Such a narrow directive effectively limits the sources of information and likelihood of learning about misconduct, especially if on-list references are not specifically asked about misconduct. Experts on sexual harassment in the academy use an iceberg metaphor to communicate that the percentage of documented sexual harassment complaints likely represents a small percentage of the actual occurrences that remain under the water line.38 Using the same analogy, the reported cases and news reports involving harasser mobility likely do not capture the number of faculty members and administrators who have moved to new institutions without the hiring institution being aware of their sexual misconduct background.39 Situations where harassers have changed employers generally come to light through news articles, academic magazines, and news blogs that highlight cases that spark public attention or in which there have been substantiated findings of harassment. One study of media reports regarding faculty sexual harassment of students found that 10 of the 219 reports explicitly covered situations in which either a school hired an accused harasser from another school where harassment allegations had been investigated or a school was investigating sexual harassment allegations against a faculty member who then moved to another school.40 The authors of this study, Professor Nancy Chi Cantalupo and William C. Kidder, suggest that the actual number of pass-the-harasser cases likely exceed those covered in news reports because of the high percentage of serial harassers as well as the significant percentage of faculty members who resign prior to discipline.41 Professor Cantalupo and Mr. Kidder have identified three common pass- the-harasser scenarios.42 The first category refers to \u201cbad hire\u201d situations in which there have been findings of misconduct, but the hiring institution simply fails to discover readily available information.43 Other times, persons involved in the search learn about the misconduct findings but dismiss them without serious investigation or consideration.44 In those situations, persons making hiring decisions may be dazzled by the star status of the candidate, ignoring concerns that might get in the way of hiring them, often in hopes of acquiring large research grants that such professors may attract. (providing a list of proposed questions that include one asking whether the reference would rehire the candidate). 38. Nancy Chi Cantalupo & William C. Kidder, Mapping the Title Iceberg: Sexual Harassment (Mostly) in Graduate School by College Faculty, 66 EDUC. 850, 855 (2016) [hereinafter Title Iceberg]. 39. Systematic Look at a Serial Problem, supra note 16, at 714-15. 40. Id. at 703, 714-15. 41. Id. at 715. 42. Prevention of a Serial Problem, supra note 36, at 2388-95. 43. Id. at 2388. 44. Id. at 2390. 2021 51 The second scenario occurs when the person accused of sexual harassment leaves the institution and takes a position at another institution before an investigation is complete. The accused may not disclose the investigation and the hiring institution may not ask about pending disciplinary proceedings. This is an \u201cend run\u201d and the move terminates the investigation.45 The third scenario involves situations where investigations are completed and the accused is found culpable. Following findings, a professor may resign or be quietly terminated by the employer. However, the faculty member may be able to move to another university without the misconduct findings being revealed because a nondisclosure agreement covers the information.46 An institution may also resist disclosing harassment findings to future employers seeking references for fear of defamation suits and also to rid themselves of the offending employee. Universities\u2019 roles in allowing these situations to occur raises questions on how seriously the institutions take their responsibilities to perform due diligence in hiring faculty and administrators. It also points to institutions\u2019 narrow self- interest in facilitating employees\u2019 moving to other institutions \u201cPASS-THE-HARASSER\u201d PHENOMENON? Those advocating for institutions to proactively deal with the \u201cpass-the- harasser\u201d problem should be prepared to respond to arguments made in opposition to more screening of candidates for positions in postsecondary education. Critics may question whether the risks of serial harassment justify additional review and regulation of the hiring process response to this argument can be found in the results of the Cantalupo-Kidder study that revealed that approximately five percent of the media reports explicitly covered pass-the- harasser situations, suggesting that the number of actual pass-the-harasser cases is likely more than those captured in media reports.47 This is clearly a significant percentage. Moreover, from the perspective of victims, one case of harassment is too many if screening procedures could have prevented it. Persons who object to more hiring inquiries may maintain that requiring disclosure of past misconduct will impact the ability to recruit top talent. It is true that superstars may not apply for a position at a school that seeks information related to past misconduct. Proponents of more screening may respond to this position by noting that it is not a loss if candidates pursue employment elsewhere if the candidates do not want to respond to concerns related to past misconduct. Also, a school should not be at a competitive disadvantage for making inquiries 45. Id. at 2388. 46. Id. 47. Systematic Look at a Serial Problem, supra note 16, at 703, 714-15. 52 [Vol. 12:43 related to past misconduct if institutions nationwide adopt hiring guidelines pursuant to the regulatory regime proposed below. Those who oppose screening measures may assert that requiring candidates provide information on sexual harassment complaints can unfairly tarnish the reputation and job prospects of candidates.48 Policies can deal with this concern by only limiting disclosure to substantiated findings of past misconduct or employee departures during sexual misconduct investigations. Requiring that candidates sign releases and limiting disclosure to substantiated findings of misconduct also responds to privacy objections. If the disclosure of information occurs while an investigation is pending, the hiring institution and the candidate may agree to abate the hiring decision and enter a confidentiality agreement to protect information related to the pending investigation. Some may challenge more regulation of faculty hiring, asserting that seeking and providing information related to past misconduct may impact due process rights or academic freedom.49 Once again, limiting the inquiry to disclosure of substantiated findings may address such challenges because candidates likely had the opportunity to raise such defenses when the underlying complaint was adjudicated. In addition, when information is disclosed, individuals subject to the findings should be invited to provide their account of the circumstances and explanation as to why the hiring institution should not be concerned about the risk of future misconduct. Understanding the objections and opposition to more screening helps policymakers develop approaches that will withstand scrutiny. The discussion in Part describes how two university systems have formulated narrowly tailored policies A. The Response from Higher Education Employers number of universities have landed in the limelight when news reports reveal the hiring of a person who previously was found to have engaged in sexual 48. As explained by Anita Levy, a senior officer at the American Association of University Professors, \u201c[a]ll you have are allegations without a formal investigation and some type of conclusion.\u201d Tyler Kingkade, Universities are Facing a \u201cPassing the Trash\u201d Scandal People are Comparing to the Catholic Church (June 28, 2017, 12:38 PM), allegations#:~:text=%22Passing%20the%20harasser%20has%20got,parish%20rather%20than%20fac e%20discipline. 49. E.g., Greg Piper, Washington Bill Would Further Empower Title Kangaroo Courts Against Professors (Jan. 2, 2020), would-further-empower-title-ix-kangaroo-courts-against-professors/. 2021 53 harassment or misconduct in a position with a previous employer.50 Some university administrators and leaders may attempt to deflect and effectively blame another employer for not being forthcoming about the candidate\u2019s past transgressions or record. Others may attempt to learn from the experience and seriously examine personnel policies and practices that allowed a person to be hired without consideration of a past record of misconduct. Leaders within the University of Wisconsin system took the second path in addressing hiring issues after negative publicity related to employment of an assistant dean and deputy Title coordinator.51 According to news reports, the employee was first accused of misconduct while working at University of Wisconsin (UW) Stevens Point.52 The employee resigned during an investigation that would eventually find that he had likely repeatedly asked another employee to go home with him and made sexual innuendos.53 The employee was subsequently hired by a liberal arts college in Illinois.54 During a reference check, the Illinois college reportedly was not informed of the findings made at Stevens Point.55 In a year, the employee left the Illinois college, and Eau Claire hired him as assistant dean and deputy Title coordinator Eau Claire representatives indicate that they were unaware of the previous findings at Stevens Point.56 Reportedly, two different Stevens Point officials neglected to disclose the harassment incidents when representatives from the Illinois college and Eau Clair made reference checks.57 Although an education journal describes these events as \u201cextraordinary\u201d in that the employee was supervising harassment investigations and that two institutions within the same university system failed to share pertinent personnel information with one another, the author warns that the general scenario of quietly terminating a harasser or letting the person resign and move to another institution \u201cwithout raising a red flag\u201d is not unusual.58 The hiring debacle between sister schools and the surrounding media attention captured the attention of then Wisconsin Governor Scott Walker.59 He called for action, and the University of Wisconsin System Board of Regents 50. Kingkade, supra note 48 (reporting on a number of incidents involving professors changing universities after findings or investigations of sexual harassment). 51. No More Passing the Harasser, supra note 34. 52. Id. 53. Id. 54. Id. 55. Id. 56. Id. 57. Karen Herzog & Alan Hovorka, UW-Stevens Point Sexual Harassment Case Spurs System to Review Hiring Policies (May 31, 2018, 11:06 AM), system-review-hiring/658084002/. The spokesperson for the Stevens Point reported that two representatives of the school \u201canswered the questions they were asked. Neither voluntarily disclosed information about the sexual harassment complaint.\u201d Id. 58. No More Passing the Harasser, supra note 34. 59. Id. 54 [Vol. 12:43 responded by adopting a resolution that directed institutions to develop policies to address the sharing of personnel files with other institutions and Wisconsin agencies, as well as documenting in personnel files all sexual harassment allegations and investigations.60 The resolution also directed the institutions to establish appropriate reference check procedures regarding allegations or investigations of sexual harassment.61 The policies adopted by institutions address the pass-the-harasser problem on two fronts. First, the policies deal with situations when the institution is in the hiring mode and considering final candidates. The second front addresses how responds when a current or former employee is seeking a position with another employer. When involved in hiring, the policies recognize the importance of performing thorough reference checks for final candidates seeking any System institution position. The policies specifically require that the reference checks, at a minimum, ask the following questions: (1) Was the candidate ever found to have engaged in any sexual violence or sexual harassment? (2) Is the candidate currently under investigation or ever left employment during an active investigation in which the person was accused of sexual violence or sexual harassment?62 The policies and related procedures also require that the final candidate be asked the same questions.63 This move provides another avenue for obtaining information on past misconduct and pending investigations in the event that another employer fails to respond to the specific reference check questions. By requiring that these questions be posed broke ground in becoming the first university system to adopt system-wide policies requiring that all reference checks affirmatively cover concerns related to sexual misconduct. To address reluctance of other employers to disclose information on a current or former employee, especially findings of prior misconduct, the 60 System Board of Regents Resolution 11038: Employee Personnel Files and Reference Checks, U. WIS. SYS. (June 7, 2018), Regents-Resolution-11038.pdf. 61. Id. 62. The reference checks must include the candidate\u2019s most recent employer and any previous System institutions or state agencies where the candidate was employed in the past seven years System Administrative Policy 1275: Recruitment Policies, (B) Required Questions, U. WIS. SYS. (July 1, 2015), policies/ (policy applicable to all institutions except UW-Madison) [hereinafter Policy 1275]. The policy directs reference checkers to contact current and former supervisors even if the finalist did not provide supervisory references. Id. at app. 2. For the comparable policies at UW-Madison, see Recruitment, Assessment, and Selection of Academic Faculty, Limited and University Staff Employees LIBR. (June 24, 2015), 63 Policy 1275, supra note 62. Candidates for positions at system schools should not be blindsided by the questions that will be included in reference checks and that they will be expected to answer. All vacancy announcements must include a statement noting that the candidate and references will be required to answer questions regarding sexual violence and sexual harassment. Id. at app. 4. 2021 55 procedures ask prospective hires to sign a release authorizing former and current employers and references to release employee information to institutions.64 The authorization expressly states that the signor \u201cknowingly and voluntarily release[s] all former and current employers, references, and the University of Wisconsin from any and all liability arising from their giving or receiving information about [the signor\u2019s] employment history, academic credentials or qualifications, and . . . suitability for employment with the University of Wisconsin.\u201d65 Covering the sexual harassment-related questions in the reference checks (facilitated by a signed release) and requiring the prospective hire to personally answer specific questions clearly improves the likelihood that will learn about findings of misconduct as well as pending investigations. When does discover that a candidate violated a sexual violence or sexual harassment policy of another employer personnel will consult with their internal human resources and legal departments before making a final determination on hiring.66 The hiring personnel will consider a number of factors, including the amount of time that has elapsed since the violation(s) and the severity of the violation(s).67 From the perspective of the candidate, past misconduct is not an \u201cautomatic disqualifier.\u201d68 Rather, it is pertinent information for the hiring personnel to consider, along with any response that the candidate provides. In short, the reference checking procedures advance open and informed decision making. In the same spirit of advancing informed decision-making across institutions, the policies also address the responsibilities of personnel when a current or former employee is seeking a position with another employer. Rather than taking a minimalist approach and relying on a \u201cno comment\u201d version of a reference, the policy requires that personnel contacted for a reference check refer the potential employer to the appropriate System institution human resources expert for questions regarding past employee misconduct (including any violation sexual harassment policies).69 The approach alerts the reference checker of possible concerns by informing 64. Id. at app. 6. 65. Id. The waiver and release signed by the candidate provides a defense to the former employer who relies on the release to provide information. The outcome of the dispute over disclosure would depend on a number of factors including whether the confidentiality provisions were mutual or unilateral, whether the employee breaches some term of the severance agreement, the termination or duration provisions that may apply to the confidentiality provisions, and applicable law, such as employment reference statutes. Although the determination is fact specific, generally speaking the release and waiver protects employers in disclosing information pursuant to a former employer\u2019s request and release. For a discussion of the legal framework for reference checks, see Schlavensky, supra note 34, at 7-11. 66. Id. at app. 5. 67. Id. 68 Policy 1275, supra note 62. 69. The policy also requires this notification even if the potential employer does not specifically ask about misconduct. Id. 56 [Vol. 12:43 them of the avenue for obtaining responses from a human resources expert responsible for handling such inquiries. This approach to information sharing provides a model for other institutions. As discussed in Part below, risks associated with harassers can only be effectively addressed if post-secondary institutions across the country follow procedures for seeking and providing information related to misconduct findings. Finally, the procedures include safeguards to prevent employees from resigning to avoid a finding of misconduct. When an employee is accused of misconduct, the campus continues its investigation, regardless of the accused employee\u2019s resignation, and provides the ex-employee the opportunity to participate in the investigation.70 In developing these policies, the system working group conducted research and discovered that most universities did not have policies requiring reference checks regarding allegations/investigations of sexual harassment or documenting within personnel files allegations and investigations related to sexual harassment.71 The working group did learn that various universities were grappling with the pass-the-harasser problem as a \u201csignificant employee and student safety issue.\u201d72 Around the same time that the system was developing its policies, the University of California\u2019s Davis Davis) campus was testing a pilot program dealing with faculty reference checks that seek information related to misconduct.73 The Davis program requires that all applicants for tenured and continuing lecturer positions sign a release form authorizing Davis to contact any former employers to request information about substantiated findings of misconduct related to teaching, research, and service.74 The release allows the applicant\u2019s current and previous institutions to share information when the applicant has been found to have violated that institution\u2019s policies governing 70. Id. at app. 5. Upon completion of the investigation, any findings of misconduct are documented in the personnel file. Id. 71. Kelly Meyerhofer Schools to Share Personnel Files with Each Other, State Agencies as Soon as January 2019, WIS. ST. J. (Aug. 22, 2018), each-other-state-agencies-as-soon-as-january/article_f06ff37b-06c5-5dc2-a911-26e3ed2f6987.html. 72. No More Passing the Harasser, supra note 34. 73. Colleen Flaherty Davis is Latest Institution to Adopt a Reference Check Policy to Stem Faculty Misconduct (June 27, 2019), policy-stem-faculty-misconduct (hereinafter Davis Adopts Reference Checks). 74. Pilot Program - Reference Checks for Academic Senate Ladder Rank Faculty Hires with Tenure or Lecturers/Senior Lecturers/Senior Lecturers with Security of Employment (Dec. 19, 2019), The release form states that Davis will not request the information authorized by the release unless the applicant is a finalist for an academic appointment with tenure or security of employment. Id. at app. A. 2021 57 faculty conduct, including policies prohibiting sexual harassment.75 In addition to authorizing the release of information, the form also includes a provision releasing Davis, its agents, and representatives, and any person furnishing information to the university, from liability arising out of the furnishing and inspection of information.76 By requiring reference check inquiries related to misconduct findings Davis communicates to prospective hires that the institution intends to learn about any misconduct findings at an applicant\u2019s current or previous institution.77 The liability release signed by the applicant should improve the likelihood of other institutions\u2019 providing information related to misconduct findings. The reference check provides transparency and information to help Davis from \u201chiring faculty without the ability to evaluate such historic infractions.\u201d78 In addition to empowering Davis to obtain information on misconduct at another institution, the reference check requirement may dissuade potential applicants from applying when they have been disciplined at another institution.79 The experience at Davis suggests that persons with disciplinary records may effectively self-select out of applying for positions at schools utilizing this reference check system.80 Davis also recognizes the importance of disclosing information to other institutions considering a current or former Davis employee Davis will share substantiated findings of misconduct with another institution provided that the candidate signs a waiver consenting to the reference check and disclosure.81 Very slowly, other schools appear to be following the lead of Davis and the system in adopting policies and practices to obtain information related to past misconduct of applicants for positions.82 As discussed in the next section, state legislatures may also take action to require screening measures for applicants seeking positions in postsecondary institutions. 75. The authorization expressly states that it extends to a release of information of a confidential or privileged nature, as well as data or material which have been sealed or agreed to be withheld pursuant to any prior agreement or court proceeding involving disciplinary matters. Id. at app. A. 76. Id. 77. Applicants who decline to consent do not move forward as candidates Davis Adopts Reference Checks, supra note 73. 78. Id. (quoting a Davis vice provost for academic affairs). 79. See id. (reporting on the congressional testimony of the Davis vice provost for academic affairs). 80. Of the 23 institutions that provided responses pursuant to the new Davis procedure, none included information about candidates receiving discipline. Id. 81. Id. 82. For example, the University of California at Irvine has launched a pilot program similar to the Davis policy. See Pilot Program \u2013 Reference Checks (July 1, 2020), See also Pilot Program Description: Institutional Reference Checks for Appointments Conferring Tenure or Security of Employment , (last visited Feb. 13, 2021) (describing the pilot program at the University of California at San Diego). 58 [Vol. 12:43 B. The Response from the Washington State Legislature Washington state legislators determined that they would not wait for colleges and universities to address the problems related to confidential settlements, sexual misconduct, and harassers changing employment without disclosure of past misconduct. Following news reports of a former administrator moving to another college without disclosure of credible allegations of sexual misconduct, Washington became the first state to enact legislation to combat the pass-the-harasser problem in higher education. The new Washington law incorporates a number of procedural requirements postsecondary schools must adhere to when hiring prospective employees or responding to inquiries from other employers. The first requirement is that all applicants sign statements disclosing information related to sexual misconduct findings and investigations.83 Beginning July 1, 2021, the law additionally requires that postsecondary institutions request, in writing, that an applicant\u2019s current and past postsecondary-educational employers provide information related to substantiated sexual misconduct findings.84 Further, postsecondary employers in Washington must disclose to other employers information about substantiated findings of a current or former employee\u2019s misconduct.85 The Washington law goes beyond providing for reference checking procedures used by institutions in other states. To address the concern that an employee may escape accountability by resigning during an investigation, the law requires that postsecondary educational institutions complete investigations, even if the accused employee resigns, and make written findings of whether the complaint or allegation is substantiated, unless the victim requests otherwise.86 Most notably, the Washington law addresses nondisclosure agreements. The law states that a provision in a settlement agreement executed subsequent to June 11, 2020, between a postsecondary educational institution and an employee, is against public policy and void and unenforceable if the provision prohibits the employee, the institution, a survivor, or any other person from disclosing that the employee has either been the subject of substantiated findings of sexual 83. Beginning October 1, 2020, the law provides that postsecondary education institutions request that applicants sign a statement (a) declaring whether the applicant is the subject of any substantiated findings of sexual misconduct or is currently being investigated for, or (b) has left a position during the investigation into, a sexual misconduct violation ANN. \u00a7 28B.112.080(1) (West 2020). The signed statement both authorizes the applicant\u2019s current and past employers to disclose any sexual misconduct committed by the applicant and releases the other employers from liability for providing information. Id. 84. Id. 85. The law also states that employees and their institutions will be immune from civil and criminal liability if they disclose information. Id. 86 ANN. \u00a7 28B.112.070(1) (West 2020 postsecondary educational institution shall include in the employee\u2019s personnel file or employment records any substantiated findings of sexual misconduct committed by the employee while the employee was employed with the postsecondary education institution ANN. \u00a728B.112.70(2)(a) (West 2020). 2021 59 misconduct or is the subject of an incomplete sexual misconduct investigation.87 This provision in the law lifts the cone of silence that facilitates harassers\u2019 changing positions without the new employer learning about a prospective hire\u2019s past misconduct. Unlike the individual policies adopted by individual universities, the Washington statute provides that postsecondary schools take measures to address issues related to employee screening and disclosure of information. The statutory provisions also communicate to postsecondary employers statewide that they should not use nondisclosure agreements in the circumstances described in the statute. Although the reach and scope of the Washington statute encompasses more than the Davis and system policies and procedures, the statute is limited to postsecondary institutions in Washington Other states may pattern legislation on the Washington statute to require universities to disclose information related to substantiated sexual misconduct findings. Even with increased institutional information sharing and solicitation related to past misconduct, experts emphasize the importance of collective action.88 This section outlines the principal reasons why the pass-the-harasser problem can only effectively be addressed through an approach that engages institutions across the country. By its nature, the \u201cpass-the-harasser\u201d personnel concern cuts across all postsecondary institutions, large and small alike. First, the problem stems from the manner in which an employing institution handles harassment complaints and misconduct findings. Does the employer complete investigations or take action that appears to facilitate the passing of the alleged perpetrator to another institution? When the employee is on the job market, how does the employer handle reference checks from hiring institutions? Is there a defined procedure for handling reference checks, such as one requiring that inquiries related to misconduct be directed to a centralized office staffed by human resources experts? Second, the problem relates to the lack of diligence exercised by hiring institutions in checking references and seeking specific information on candidates\u2019 records relating to misconduct. Does the hiring institution specifically request information related to past misconduct? And, if such information is provided, does the hiring institution take this information into account when making hiring decisions, particularly when the potential employee is a highly acclaimed academic? 87 ANN. \u00a7 28B.112.060(1) (West 2020). 88. See, e.g., The Nat\u2019l Acads., Working Collectively to Tackle the \u201cPass the Harasser\u201d Problem (Nov. 25, 2019, 5:27 PM), (University of Wisconsin System\u2019s General Counsel, Quinn Williams, commenting on the importance of collective action). 60 [Vol. 12:43 These reciprocal roles and responsibilities of employers and hiring institutions point to the fact that effective change requires that all institutions take steps to address the problem. Unless schools nationwide take action to deal with hiring inquiries and reports, employees can avoid having to address questions about their past misconduct by seeking employment at schools that do not require reference checks covering misconduct findings. As reported by representatives of Davis, candidates may be self-selecting out of searches when institutions require that past misconduct be addressed.89 This suggests that perpetrators will seek employment with employers that conduct no or minimal gatekeeping. Failure to exercise diligence in hiring inquiries in turn contributes to the increased risk of sexual harassment for students and employees at those institutions. Therefore, the problem requires that all schools change their policies and practices, both as employers and as hiring institutions. Without a national push for change, most institutions likely will not tackle the problem. Even though the Chronicle of Higher Education highlighted the \u201cpass-the-harasser\u201d phenomenon in 1996, it took over twenty years for even a small number of schools to implement new hiring practices. The two university systems that made changes in 2019 did so after incidents related to their hiring. Although a few other institutions are following suit, the vast majority of schools likely will not overcome the inertia of the status quo.90 Even with the #MeToo movement casting a spotlight on harassment, universities may not buck the current practice of quietly dealing with alleged misconduct rather than completing investigations.91 First, in the short term, it may appear to be the course of least resistance to encourage or facilitate the employee\u2019s move to another institution by entering into quiet settlements. Some institutions have learned that attempting to impose sanctions such as termination may embroil them in years of internal proceedings, even litigation, with a person accused of misconduct.92 Second, institutional representatives may elect not to report misconduct to hiring institutions because they fear the employee\u2019s asserting defamation and other claims.93 Third, both employers and hiring 89. See No More Passing the Harasser, supra note 34. 90. As explained by an organizational designer, \u201cOrganizations tend to remain static unless there is a force greater than the inertia of the status quo.\u201d John Latham, Overcoming the Inertia of the Status Quo LATHAM, (last visited Feb. 13, 2021). 91. Jeffrey Mervis, Universities Move to Stop Passing the Harasser, 366 1057, 1057 (2019) (referring to the \u201cugly tradition\u201d in higher education of allowing faculty members found guilty of bullying or sexual harassment to move to a new job without telling their new employer about the past conduct). 92. See Title Iceberg, supra note 38, at 874 (explaining that it is \u201clikely much quicker and cheaper to get rid of faculty harassers\u201d by passing them off to another institution rather than dealing with years of litigation). 93. See No More Passing the Harasser, supra note 34 (noting that often institutions do not share harassment findings because they fear retaliation by employees who lost jobs over disclosures). This concern may influence decisionmakers even though the Wisconsin working group found \u201clittle evidence 2021 61 institutions may encounter opposition from faculty. Although many faculty members recognize the need for schools to improve how they deal with issues of harasser mobility, faculty bodies or associations may question such initiatives.94 Administrators would be better positioned to deal with faculty opposition on a particular campus if campus misconduct inquiries became a national norm. Finally, the adoption of better screening and reporting measures at schools throughout the country could deter misconduct.95 Perpetrators who understand that sexual harassment investigations will be completed, inquiries made, and findings reported may be less inclined to harass others. Although past findings of misconduct would not disqualify a person from changing institutions, the employee would be required to address the issue when seeking new employment. Persons who understand this should be less inclined to engage in harassing behavior that could result in misconduct findings and future scrutiny when seeking employment at a new institution To prevent harassers from avoiding scrutiny and accountability by changing employers, schools across the country should be conducting reference checks and sharing information related to misconduct findings and investigations at their own institutions. Attorneys and university officials involved in addressing the pass-the-harasser problem point to the role that professional bodies can play in institutionalizing such hiring practices.96 In higher education in the United States, private agencies that accredit postsecondary schools function as powerful professional bodies. Any postsecondary school that seeks to participate in federal assistance programs must meet a number of requirements, including being accredited by an agency of successful defamation claims when the disclosed misconduct findings were based on sound investigations.\u201d Id. 94. Although the American Association of University Professors (AAUP) has not taken a position on how campus misconduct inquiries are handled, an official with the notes that the would be concerned \u201cif administrations reported findings of misconduct and impositions of sanctions in which they did not provide adequate academic due process.\u201d Brown & Mangan, supra note 18. The has questioned blanket criminal background checks as a \u201cdisproportionate invasion of privacy.\u201d Id. 95. See Prevention of a Serial Problem, supra note 36, at 2378 (explaining how \u201cserious sanctions for sexual harassment serve the function of deterrence, both in terms of preventing future victims by the same harasser and lessening the likelihood of other faculty crossing the line into transgressive behavior\u201d). 96. E.g Davis Adopts Reference Checks, supra note 73 (quoting a Davis administrator who stated that reference checks will inevitably become institutionalized if universities talk to each other through professional organizations. Rep. Gerry Pollet, the Seattle legislator who proposed the Washington bill, suggested that interstate higher-education consortia agree on common standards for reporting sexual misconduct. Brown & Mangan, supra note 18. 62 [Vol. 12:43 recognized by the U.S. Department of Education.97 Once recognized, accreditation agencies help the government ensure that postsecondary institutions and programs receiving federal funds meet a minimum quality level.98 To discharge this responsibility, the agencies develop and maintain education standards for schools seeking accreditation.99 The agencies develop these standards in collaboration with educational institutions.100 Regional agencies accredit institutions that generally fall within specific geographic regions of the country.101 Standards vary among the regional accreditors because the accreditors are largely free to set their own standards.102 Although current agency standards do not directly address issues related to faculty screening for prior misconduct, various existing standards include guidelines related to general safety, ethics, and the climate of the institution. For example, the standards for one regional agency states, \u201cThe institution takes reasonable steps to provide a healthy, safe, and secure environment for all members of the campus community.\u201d103 Other accreditation standards address faculty hiring, generally focusing on qualifications and publication standards.104 new accreditation provision dealing with hiring inquiries relating to misconduct could logically fit under existing standards related to safety, ethics, and faculty hiring. The following depicts the type of due diligence standard that an accreditor could adopt: \u201cThe institution implements and publicizes policies and procedures to screen final candidates to determine if they have been subject to misconduct findings.\u201d The actual framing of the standard would depend on the content and the format of existing standards. An agency, in consultation with the institutions it accredits, could develop a standard that addresses hiring issues related to 97 6 (2020), (noting that accreditation is \u201cessential for financial survival of some if not most institutions and programs\u201d) [hereinafter Overview of Accreditation]. 98. Id. 99. The U.S. Department of Health, Education, and Welfare in 1970 described accreditors as \u201cthe primary agents in the development and maintenance of educational standards in the United States.\u201d Judith S. Eaton, Accreditation and the Federal Future of Higher Education, ACADEME,Sept.\u2013Oct. 2010, at 21, 22, education#.YCDiEbBKjIV. 100. Accreditation in the United States, U.S. DEP\u2019T. EDUC., ation%20is,federal%20and%20state%20government%20agencies (last modified Feb. 4, 2021). 101. Overview of Accreditation, supra note 97. 102. Sarah Molinero, Reexamining the Examiners: The Need for Increased Government Regulation of Accreditation in Higher Education, 51 DUQ. L. REV. 833, 839 (2013). 103 (6th ed., 1st prtg. 2017), 104. E.g 6.4 (2021), (stating \u201cThe institution employs an open and orderly process for recruiting and appointing its faculty.\u201d). 2021 63 screening final candidates and misconduct findings narrower approach would be to limit the standard to address \u201csexual misconduct\u201d findings. As proposed, the standard is general. Such an approach leaves it to the institution to develop policy and procedures tailored to the school\u2019s needs, resources, and culture. In formulating their own policies and procedures, schools can learn from the experience of university systems that have already implemented policies and procedures to address the pass-the-harasser phenomenon. The institution also benefits from considering the personnel issues in connection with the self-study and peer review process required by accreditation.105 By adopting standards providing for screening inquiries, accrediting bodies transform a collective action problem to a collective opportunity for schools to cooperate with one another in promoting safe learning and work environments.106 In a speech delivered in the U.S. House of Representatives, Rep. Jackie Speier (California) focused on sexual harassment in universities by stating, \u201cUniversities are supposed to be in the business of illumination, but as we have seen . . . that is not always the case.\u201d107 With such legislative attention and media coverage exposing sexual harassment in colleges and universities, the time is right for institutions to address concerns related to harassers switching institutions without scrutiny related to their prior harassment. Although a few schools and one state have taken steps to require inquiries related to misconduct findings, the pass-the-harasser phenomenon is a shared concern involving institutions nationwide. Most fundamentally, the problem comes down to hiring schools failing to inquire and other employer schools failing to disclose information related to prior misconduct. To deal effectively with the collective problem, institutions across the country should change their personnel practices. Due to institutional inertia and the lack of incentives to alter the status quo, change is more likely to occur on a national scale if accreditation agencies adopt standards that require due diligence related to faculty hiring.108 105. \u201cFollowing the self-study, a team composed primarily of peer faculty and administrators conducts a multi-day visit to the school.\u201d Judith Areen, Accreditation Reconsidered, 96 L. REV. 1471, 1481 (2011). 106. Professor Nancy Chi Cantalupo and William Kidder warn that pass-the-harasser scenarios raise thorny \u201ccollective action\u201d problems in the academy. Prevention of a Serial Problem, supra note 36, at 2387. \u201cNamely, campus officials might reasonably conclude that a confidential separation agreement is the quickest way to protect their students and staff from the risk of additional sexual harassment, but making such a choice can increase the risk of future sexual harassment to students at other campuses.\u201d Id. 107. Mike Henry, Rep. Jackie Speier Introduces Bill to Tackle Sexual Harassment in the Sciences (Oct. 26, 2016), introduces-bill-tackle-sexual-harassment-sciences. 108. See Celeste J. Lay, Policy Learning and Transformational Change: University Policies on Sexual Harassment, 40 156 (2019) (suggesting universities lack incentives 64 [Vol. 12:43 Adopting such an accreditation standard helps institutions fulfill their missions of providing a safe and healthy environment for students, faculty, and staff. The standard would communicate that creating a safe environment goes beyond the bricks and mortar and extends to establishing personnel policies and procedures to advance safe, respectful, and productive educational relationships and interactions free of sexual harassment. At the same time, an accreditation standard would impress on institutions their roles and responsibilities as members of the larger academic community, committed to preventing and addressing the serious problem of sexual harassment. Quite simply, faculty, administrators, and staff owe to it to our students and to one another to ask and answer questions related to prior misconduct. when it comes to changing sexual harassment policies or practices because existing policies are designed and defined by interest groups who benefit from current policies).", "7393_107.pdf": "Publication of the Penn Program on Regulation Ending \u201cPass the Harasser\u201d in Higher Education Synopsis \| Education \| Sep 30, 2021 Leticia Salazar Nenad M. Kostic, a chemistry professor, reportedly \u201cengaged in serious and repeated misconduct\u201d while teaching at Iowa State University. Despite his misconduct, Texas University at Commerce hired Kostic as the chair of its chemistry department, where he again allegedly committed sexual misconduct. Scholars call for rules to require screening of faculty hires for previous sexual misconduct. 2/22/25, 6:30 Ending \u201cPass the Harasser\u201d in Higher Education \| The Regulatory Review M.,again allegedly committed sexual misconduct. 1/3 Although Texas had the means to screen Kostic for prior misconduct during his hiring process, it did not. Accrediting bodies, however, could address similar failures faced in screening processes by uniformly requiring universities to screen faculty candidates for sexual misconduct before hiring them. In a recent article, law professors Susan Fortney and Theresa Morris argue that accreditors should. With up to 58 percent of university employees and up to 41.8 percent of students reporting that they have experienced sexual harassment related behaviors, Fortney and Morris contend that increased regulation on screening processes used in faculty hiring could prevent institutions from hiring serial harassers. Although information on faculty misconduct is typically available to the public, screening for such misconduct is not typical during university faculty hiring. As a result, \u201cpass-the-harasser\u201d occurs often, which is when professors seamlessly transition to a new institution without their past sexual misconduct following them into their roles, explain Fortney and Morris. Current hiring processes allow professors to receive little to no scrutiny for their prior misconduct, and in many situations, new employers are completely unaware of professors\u2019 history of harassment until they are accused of sexual misconduct again at their current institution. For this reason, some universities, such as those within the University of Wisconsin system, are committing to hiring processes that check for prior sexual misconduct. But not all do. University hiring protocols must be supplemented with regulation by accreditation agencies, Fortney and Morris argue. These private standardized bodies, which are free to set their own requirements for maintaining accreditation, could require screening for prior misconduct. Sexual harassment can negatively impact students and faculty alike, shaping both of their perceptions of the institution\u2019s norms and values, Fortney and Morris claim. The problem is only further amplified, Fortney and Morris suggest, when faculty members move from university to university without their prior misconduct standing in the way. Fortney and Morris note that because current hiring procedures in academia allow individual departments to search and screen their candidates, cohesive and streamlined practices for hiring faculty are rare. Typically, hiring committees only 2/22/25, 6:30 Ending \u201cPass the Harasser\u201d in Higher Education \| The Regulatory Review M.,again allegedly committed sexual misconduct. 2/3 contact references provided by the faculty candidates themselves, making it less likely that information about their possible prior sexual misconduct will be revealed. The University of Wisconsin faculty screening policies specifically require an inquiry into whether the candidate has engaged in a history of sexual harassment and whether the candidate was ever subject to investigation or leave related to sexual misconduct. In addition, Wisconsin\u2019s screening procedures require prospective hires to sign paperwork authorizing prior and current employers and references to release employee information to institutions in their system. With these targeted measures, Wisconsin has become the first university system to adopt system-wide practices that directly address the sexual harassment problems in the faculty screening process, Fortney and Morris claim. They hope that, soon, other universities will be inclined to embark on this reformative journey. But until then, Fortney and Morris argue that accrediting agencies could take action to address the \u201cpass the harasser\u201d phenomenon. Although universities have been acting independently for decades, they can benefit from pairing with accrediting agencies to assure that their hiring processes are sufficiently detailed and just, according to Fortney and Morris. Fortney and Morris are hopeful that with new standards from accrediting agencies that call for more thorough screening processes, students and faculty can trust that their institutions are prioritizing safer learning and work environments. Tagged: college accreditation, higher education, Public Education, sexual harassment 2/22/25, 6:30 Ending \u201cPass the Harasser\u201d in Higher Education \| The Regulatory Review M.,again allegedly committed sexual misconduct. 3/3"}
8,618	Murray McGibbon	Indiana University - Bloomington	[ "8618_101.pdf", "8618_102.pdf", "8618_103.pdf", "8618_104.pdf", "8618_105.pdf", "8618_106.pdf", "8618_107.pdf", "8618_108.pdf" ]	{"8618_101.pdf": "found a \u2018concerning pattern.\u2019 He still teaches here. 2/22/25, 6:31 concerning pattern\u2019 \| Indiana Daily Student 1/15 Published 9 a.m. Oct. 26, 2020 Written by Emily Isaacman [email protected] \| @emilyisaacman Photos by Izzy Myszak [email protected] \| @MyszakIzzy Web development by Vivek Rao [email protected] \| @v1vra0 Content warning: This article includes descriptions of sexual harassment. This story was updated at 11:30 a.m. Oct. 28 to reflect additional allegations that McGibbon asked undergraduate women to attend callbacks in bikinis in 2008. Information on the theater department\u2019s audition policies was also added determined associate professor Murray McGibbon sexually harassed a freshman in 2018 2019 Title investigation report stated \u201cthe evidence reveals a concerning pattern by [McGibbon] of singling out certain students.\u201d McGibbon continues to teach in the Department of Theatre, Drama, and Contemporary Dance. Junior Josh Hogan, the student he allegedly harassed, says has not sufficiently protected him and other students. IU\u2019s definition of sexual harassment includes \u201cunwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the recipient\u2019s education program or activity,\u201d according to the university\u2019s sexual misconduct policy.\ufeff McGibbon\u2019s behavior violated the university\u2019s sexual misconduct policy and Code of Academic Ethics, according to a September 2019 decision letter to Hogan from Vice Provost for Faculty and Academic Affairs Eliza Pavalko. In that letter, Pavalko told Hogan that McGibbon\u2019s interactions with him were \u201cunwelcome and reasonably interpreted as amorous, romantic, and sexual in nature and they were sufficiently severe, pervasive, and persistent to create a hostile environment for you.\u201d The documents The Indiana Daily Student references two main documents throughout this story. Learn what they mean McGibbon \u201cengaged in sexual harassment\u201d and \u201cexhibited a pattern of singling out some students and giving them undue attention,\u201d Pavalko wrote. She recommended Level Two Sanctions \u2014 the highest tier of punishment for a violation of IU\u2019s sexual misconduct policy \u2014 and imposed six specific sanctions, including barring McGibbon from interacting with Hogan and directing plays while Hogan is a student. More on sanctions Vice Provost Eliza Pavalko imposed the following sanctions following an investigation into Hogan\u2019s allegations of sexual harassment. Learn more This semester, McGibbon teaches 33 students in three acting and directing classes. When asked to respond to a detailed list of questions and allegations, McGibbon sent the following statement through his lawyer, Anthony Paganelli: 2/22/25, 6:31 concerning pattern\u2019 \| Indiana Daily Student 2/15 \u201cProf. McGibbon\u2019s ability to dispute false claims against him is substantially constrained by both the confidentiality of the Title process and by the requirements of the Family Educational Rights and Privacy Act (\u201cFERPA\u201d). Prof. McGibbon\u2019s conduct was thoroughly investigated by the University\u2019s Office of Institutional Equity in 2019. Professor McGibbon fully cooperated with the investigation. He and the student in question are both required to maintain the confidentiality of that process, and Prof. McGibbon will continue to do so despite any improper public attacks against him. The matter was closed over a year ago, and Prof. McGibbon has complied in all respects with the University\u2019s decision.\u201d Though individuals involved in investigations are encouraged to maintain privacy, Emily Springston, IU's Director of Institutional Equity and Title IX, said in an email, \u201cWhile the university cannot speak about specific student and employee matters, we do not prohibit other individuals from talking about matters during and after investigations.\u201d McGibbon's presence hurts the department's overall culture, a department staff member who requested anonymity for fear of retaliation from McGibbon told the Indiana Daily Student. \u201cOur students don't feel safe or comfortable in our department, and he's a part of that,\u201d the staff member said. Two other people accused McGibbon of misconduct during IU\u2019s Title investigation into Hogan\u2019s allegations spokesperson Chuck Carney confirmed in an email. One alleged sexual harassment. The other alleged racial discrimination. Pavalko determined McGibbon only violated the sexual misconduct policy for one complaint, Carney said. Documents show this complaint was Hogan\u2019s junior Josh Hogan sits in the Wells-Metz Theatre Title investigators determined associate professor Murray McGibbon sexually harassed Hogan in 2018. Title is a federal civil rights law that prohibits sex discrimination at institutions receiving federal funding. At IU, the Office of Institutional Equity handles Title complaints. The report from the Title investigation into Hogan\u2019s allegations states McGibbon\u2019s behavior made \u201cstudents uncomfortable and uneasy, while also feeling they did not have the ability to speak up or raise concerns at the time, because of [McGibbon\u2019s] role and authority within the Department and his directorial power.\u201d The report\u2019s recommendation to Pavalko states there was \u201cevidence of a pattern by [McGibbon] of identifying new, beginning students, and engaging in behavior that is outside of the professional and academic boundaries expected.\u201d\ufeff 2/22/25, 6:31 concerning pattern\u2019 \| Indiana Daily Student 3/15 During a department-wide Zoom call in August, Hogan sent a public message: \u201cwhy is a known, sex offender, proven guilty by IU, still teaching at IU\u201d? \u201cwhy is a known, sex offender, proven guilty by IU, still teaching at IU\u201d? \u2014 Junior Josh Hogan sent this message in a department-wide Zoom call Springston said in an email that IU\u2019s process does not use terms such as \u201cguilty\u201d and \u201cnot guilty\u201d because it is not akin to a criminal court. Rather, Title investigation reports involving faculty are sent to Pavalko, who issues decisions and sanctions. Springston and Pavalko declined to comment on specific cases, citing privacy laws want to stress that takes all reports of sexual harassment, sexual misconduct, or discrimination of any kind very seriously,\u201d Pavalko said in an email. The words Hogan messaged during the Zoom call caused graduate student Jamie Anderson to process that she might have been sexually harassed by McGibbon the night before think if we don\u2019t do something drastic now,\u201d Anderson said, \u201cthis program is going to be considered one of the most unsafe spaces to be for just about anyone.\u201d 2/22/25, 6:31 concerning pattern\u2019 \| Indiana Daily Student 4/15 Associate professor Murray McGibbon * * * In 2018, McGibbon cast Hogan, now 21, as the only undergraduate student in a controversial mainstage play he directed and gave the then-freshman individual attention that Hogan says left him traumatized. He says McGibbon took him on a daytrip for lunch and a movie, invited him on an all-expenses paid trip to Greece, asked him to stay back alone at night after a cast readthrough at his house, told him he loved him, changed a scene in the show to expose Hogan\u2019s body, called him almost daily to chat about matters unrelated to the show and offered him alcohol underage, according to the Title investigation report and interviews with Hogan. McGibbon asked Anderson just before 9 p.m. Aug. 26 to join a Zoom call, according to an email. Anderson said during the call he told her he wanted to meet regularly like that and told her he \u201cwasn\u2019t trying to seduce\u201d her. Students have accused McGibbon of repeatedly giving undue attention to new, young students; offering alcohol to underage students; texting, emailing and calling students late at night unrelated to their work together; and asking students to spend time with him individually, unrelated to their educational work. Linda Pisano, chair of the theater department, declined to comment on specific allegations. She sent the a general statement saying in part that the department wants \u201call our students to have a learning environment in which they feel safe and encouraged.\u201d The lines between professor and student easily blur in theater. Acting demands openness and trust. Violating that trust can damage a student actor\u2019s academic success. The role Hogan auditioned for in 2018 required vulnerability. The actor had to break down crying during auditions. While McGibbon was Anderson\u2019s directing instructor in fall 2019, she says she confided in him about her history with sexual violence and PTSD. 2/22/25, 6:31 concerning pattern\u2019 \| Indiana Daily Student 5/15 Hogan and Anderson said McGibbon\u2019s actions and IU\u2019s response caused their mental health to severely decline. The potential to run into McGibbon made them feel unsafe attending certain classes and shows. Hogan said he has seriously considered leaving IU. McGibbon\u2019s comments on the Zoom call with Anderson worsened her post-traumatic stress disorder symptoms, she said. Hogan said he\u2019s suffered from sleep paralysis and anxiety since he reported his allegations against McGibbon. Asked how students can feel safe when a professor found to have sexually harassed a student can still teach, Springston said in an email that her office works with campus and department leaders to \u201ctake appropriate preventive measures when responding to reports and conducting formal investigations definitely wants students to feel safe and supported,\u201d Springston said. McGibbon has taught at since 1996. He makes the fourth highest salary in his department. Name Position 2020\u201321 Salary Jonathan R. Michaelsen Professor, director of graduate studies $129,206 Linda Pisano Department chair $94,719 Elizabeth Limons Shea Contemporary dance program director $89,775 Murray McGibbon Associate professor $78,079 Opinions of McGibbon in the department are mixed, current and former students said. Two alumnae said McGibbon taught them more than any other instructor because of his straightforward coaching style. Students said rumors about McGibbon began in 2014. McGibbon teaches three acting and directing classes in the Department of Theatre, Drama, and Contemporary Dance. Students said they don\u2019t feel safe in the department while he is allowed to continue teaching. Former students said McGibbon\u2019s behavior has made students uncomfortable since at least 2008. McGibbon allegedly requested undergraduate women, including freshmen, attend auditions in bikinis in 2008, 2014 and 2016. Two women said he took photographs in 2014 and 2016. 2/22/25, 6:31 concerning pattern\u2019 \| Indiana Daily Student 6/15 Two theater staff members with professional experience said no one should ever be asked to remove clothing for auditions and called McGibbon\u2019s alleged requests unacceptable. During 2018 theater auditions, the week before classes started, Hogan tried out for a show McGibbon was directing. Hogan hadn\u2019t declared a major yet. He wasn\u2019t aware of his rights as a student actor. The department has general audition guidelines but does not have specific written policies explaining unacceptable types of interactions between directors like McGibbon and students. McGibbon called Hogan into his office during the audition week and said he needed to learn more about the freshman\u2019s personal life before deciding whether to cast him, Hogan said McGibbon ultimately cast Hogan as the only undergraduate in \u201cThe Goat, or Who is Sylvia?\u201d a four-person play centered around a family that falls apart after the father falls in love with a goat named Sylvia. An news story called the show \u201carguably the most controversial theatrical performance presented at Bloomington.\u201d In 2018, McGibbon told the he had pushed to direct this play at since 2002, calling it \u201ca once-in-a-lifetime play\u201d that would \u201ccause a lot of discussion.\u201d Hogan seized the opportunity to establish himself as an actor through the role McGibbon awarded him. He said McGibbon bragged about other students he\u2019d guided into successful careers. Hogan assumed the director was taking him under his wing. McGibbon has wielded power over students through his authority as a faculty member, connections in the competitive theater industry and ability to cast students in roles for performances that are key to their education. \u201cJosh was definitely trying to ignore the problematic nature of the situation,\u201d said junior Ben Ballmer, Hogan\u2019s close friend and roommate. McGibbon\u2019s interactions with Hogan violated professional boundaries, Pavalko wrote in her decision letter. He asked Hogan to stay at his house alone after a cast readthrough and offered him wine, according to interviews with Hogan and allegations in the Title investigation report. Emails show McGibbon invited Hogan to spend a day with him alone in Nashville, Indiana, to have lunch and see a movie. Re: Schedule Date: Sept. 1, 2018 at 2:26 From: Murray McGibbon To: Josh Hogan Maybe we could go there for a walkabout and have lunch at the Hobknob restaurant? Try and find a mid afternoon showing of Christopher Robin? Let me know where should pick you up, and what time... Murray 2/22/25, 6:31 concerning pattern\u2019 \| Indiana Daily Student 7/15 Sent from my iPad McGibbon also invited Hogan on a paid trip to Greece after his ex-wife couldn\u2019t go, according to emails between the two and interviews with Hogan. McGibbon confirmed to Title investigators that these incidents happened. McGibbon called and messaged Hogan almost daily to talk about matters unrelated to their work together, Hogan said. McGibbon left voicemails when Hogan didn\u2019t answer, a screenshot shows. At the end of one of the calls, McGibbon said love you\u201d and later emailed Hogan to say his love didn\u2019t need to be reciprocated, according to interviews with Hogan and allegations in the Title investigation report. Hogan deleted that email so he wouldn\u2019t have to see it anymore, he said. Later in the rehearsal process, McGibbon said he couldn\u2019t wait on an intimacy coordinator to start directing a kissing scene, asking Hogan to run it several times in a row while he watched, Hogan recalled McGibbon chose for Hogan to appear in a scene wearing only a towel, Hogan said. McGibbon said he asked Hogan about this choice and Hogan \u201cthought it was a cool idea,\u201d according to the report. Hogan said he felt he had \u201cno option but to go along with [McGibbon\u2019s] frequent outreach, contact and invitations, given [McGibbon\u2019s] directing and decision-making power,\u201d according to the investigation report. The report found \u201cevidence of quid pro quo sexual harassment.\u201d McGibbon \u201cdenies some of these interactions happened, and with others, he has indicated they were minor or only done to help [Hogan], and were not of a sexual or amorous nature,\u201d according to the report. He denied Hogan was ever at his house alone, according to the report. McGibbon was \u201cadamant that his actions toward [Hogan] were the actions of a concerned, involved faculty member,\u201d the report said. He said he took Hogan to Nashville because he was a new student and \u201chis audition was not good,\u201d according to the report. He \u201csaw something\u201d in Hogan and believed he could do better. McGibbon said Hogan \u201clooked right for the part [in \u201cThe Goat\u201d], as he looked young, which the role required,\u201d according to the report. McGibbon told Title investigators he \u201cacted impetuously\u201d when he invited Hogan to Greece, which he called a \u201cstupid\u201d decision. He could not recall ever telling Hogan love you,\u201d according to the report, but said he refers to people in conversation as \u201clove,\u201d which is common in South Africa, where he is from. McGibbon told investigators he communicates with students mostly for scheduling arrangements and does not socialize much with students outside of rehearsals, according to the report. He said he offers alcohol when he hosts cast parties, but announces that students under 21 can\u2019t drink, the report said. 2/22/25, 6:31 concerning pattern\u2019 \| Indiana Daily Student 8/15 The report said McGibbon told investigators the rehearsal period for \u201cThe Goat\u201d was happy and successful. * * * Anderson, the graduate student, started working closely with McGibbon in fall 2019. McGibbon was her main directing instructor. She said they developed a solid line of trust. On Aug. 26, McGibbon emailed Anderson at 8:43 p.m. to ask if she was up for a quick Zoom call. She isn\u2019t taking classes with McGibbon this semester, so there was no clear educational reason for them to connect. Anderson said she joined the call, and McGibbon seemed eager to catch up but appeared drunk and disheveled. His hair was unkempt, his face was bright red and the drink in his hand appeared to be alcoholic, she told the IDS. She said McGibbon told her he believed in her talent and wanted to be her adviser and serve on her thesis committee. He told her he would love to start meeting regularly \u201clike this,\u201d she said. \u201cIt\u2019s not like I\u2019m trying to seduce you or anything,\u201d she recalled him saying. When Anderson saw Hogan\u2019s message about a sexual offender during the welcome back Zoom call the next day, she said she processed that McGibbon\u2019s behavior the night before was not OK. The event triggered past trauma, Anderson said. She said she experienced a dissociative episode in public that put her in physical danger and has since started therapy. She reported the incident with McGibbon to the Office of Institutional Equity. \u201cYou can\u2019t act like a repeated behavior like this is going to magically disappear, because history has proven otherwise,\u201d Anderson said. \u201cYou can\u2019t act like a repeated behavior like this is going to magically disappear, because history has proven otherwise.\u201d \u2014 Jamie Anderson, graduate student * * * 1996 appoints Murray McGibbon to the Department of Theatre, Drama, and Contemporary Dance. 2005 McGibbon is promoted to associate professor, a tenured position. 2008, 2014, 2016 McGibbon asks women to audition in bikinis and have pictures taken, former students say. Aug. 2018 Josh Hogan begins his freshman year at and auditions for \u201cThe Goat,\u201d a show McGibbon is directing. Aug. \u2013 Dec. 2018 During rehearsals for \u201cThe Goat,\u201d Hogan says McGibbon: Took him on a daytrip for lunch and a movie, invited him on an all-expenses paid trip to Greece, asked him to stay back alone at night after a cast readthrough at his house, told him he loved him, 2/22/25, 6:31 concerning pattern\u2019 \| Indiana Daily Student 9/15 changed a scene in the show to expose his body, called him daily to chat about things not related to the show and offered him alcohol underage, according to interviews with Hogan and Title documents. Dec. 7, 2018 Hogan emails Department Chair Linda Pisano to notify her of \u201cinappropriate practices\u201d involving McGibbon during rehearsals for \u201cThe Goat\u201d and asks to set up a meeting. Dec. 14, 2018 Hogan officially reports McGibbon to IU\u2019s Office of Institutional Equity. Sept. 11, 2019 An administrator sends Hogan a decision letter saying she determined McGibbon had sexually harassed him and \u201cexhibited a concerning pattern.\u201d Aug. 26, 2020 Graduate student Jamie Anderson joins a Zoom call with McGibbon at his request. She laters reports him for allegedly sexually harassing her on the call Failing to hold perpetrators accountable can diminish students\u2019 trust in the Title process and deter them from reporting sexual misconduct, said Justine Andronici, a lawyer who represented survivors in sexual abuse cases against Jerry Sandusky. \u201cIf the process fails one victim, it fails every victim,\u201d said Andronici, who is not involved in McGibbon\u2019s case and was speaking generally. \u201cIf the process fails one victim, it fails every victim.\u201d \u2014 Justine Andronici, lawyer Springston, the Title coordinator, said in an email that between 2015 and spring 2020, nine faculty members have left IU- Bloomington in connection with an investigation by her office. Five were fired and four resigned pending an investigation. This included tenured faculty, she said. Hogan reported to Springston\u2019s office on Dec. 14, 2018, that McGibbon \u201cengaged in inappropriate conduct, including conduct of a sexual nature and making inappropriate advances,\u201d according to the report. Three months later, in March 2019, Hogan received an email from McGibbon: It's been a while Date: Mar. 26, 2019 at 8:30 From: Murray McGibbon To: Josh Hogan Hi Josh It\u2019s been a while and was just wanting to touch base and see how you are doing. Try and track me down over the course of the next few days and let\u2019s catchup! Best, 2/22/25, 6:31 concerning pattern\u2019 \| Indiana Daily Student 10/15 Murray Hogan panicked, he said. He thought the Title investigators had already put a no-contact order in place. But they hadn\u2019t informed McGibbon of the investigation yet, emails show. There is no set time frame for investigators to inform an accused faculty member of a complaint, Springston said in an email. The investigators informed McGibbon of Hogan\u2019s complaint by the next day, according to emails between Hogan and Equity and Title Specialist Carol McCord. McGibbon was also barred from being involved in department shows, meeting with students alone and contacting Hogan in any form until the investigation concluded. Hogan still had to attend classes in the theater building. \u201cThere was a chance around any corner that could run into him,\u201d Hogan said. He received the investigation report in August 2019, eight months after he first met with Title investigators McCord and Laura Galloway. In her September 2019 decision letter, Pavalko issued six specific sanctions: While Hogan remains an student, McGibbon: Can\u2019t direct plays Must notify the department chair of any individual projects or thesis committees which he is directing or on which he is serving Can\u2019t participate in any activities organized, sponsored or overseen by the Student Advisory Board Generally, McGibbon: Must conduct all interactions on campus if they are related to his faculty role Should not provide or make available alcohol to underage students Should make every effort to avoid interacting with Hogan in any form When Hogan graduates, top officials will determine whether McGibbon can direct plays again and will consider additional monitoring, according to Pavalko\u2019s letter. Hogan viewed the sanctions as \u201ca glorified slap on the wrist.\u201d McGibbon continued teaching. Hogan said he didn\u2019t realize he could appeal the decision if he did not agree with the sanctions. This option was mentioned in Pavalko\u2019s decision letter. He quickly saw the sanctions were insufficient, Hogan said. Nearly two weeks after Hogan received the report, he emailed Pavalko to say he saw McGibbon outside his classroom. Pavalko responded saying, \u201cGiven that Prof. McGibbon is still teaching and has some responsibilities that require him to be around the department, it is impossible to ensure that you will not run across him from time to time, either in the building or outside the area.\u201d In a November 2019 email to Pavalko, Hogan said he saw McGibbon at a public performance in the theater building. He said he couldn\u2019t go because McGibbon was there, though at the time McGibbon\u2019s sanctions did not apply to public events. Emails show Pavalko modified the sanctions within a week so that Hogan and McGibbon would have to inform the department chair 48 hours in advance if they planned to attend a smaller venue event in the theater department, in addition to mainstage productions. If both of them wanted to attend, McGibbon couldn\u2019t go. 2/22/25, 6:31 concerning pattern\u2019 \| Indiana Daily Student 11/15 Emails show Pisano also notified Hogan in advance of mainstage shows McGibbon planned to attend. Still, Hogan wrote to Pavalko five days later am forced to potentially run into the person who harassed me on a near daily basis am forced to be in fear of going to any events related to the theatre department, and my experience at has become one that is dominated by fear.\u201d Pavalko responded by summarizing the additional restrictions she imposed on smaller venue events and reminded Hogan that he could have appealed her decision. She told him to let her know if there were other types of department events not covered by her sanctions she should consider, according to the email. Hogan felt the university wasn\u2019t doing enough to protect him and others, he said. Investigators determined the most recent complaint against McGibbon \u201cdid not rise to the level of a violation under the current version of the policy,\u201d Carney said in an email. They referred the complaint to Pavalko to determine whether McGibbon\u2019s alleged actions violated other university policies. The independently confirmed this complaint was Anderson\u2019s Anderson said the investigators told her Oct. 12 that McGibbon likely meant his comment as a joke. They didn\u2019t inform McGibbon of her complaint, she said investigators told her. Her positive working relationship with McGibbon last year also lessened her credibility, she said they told her. \u201cThis is the reason why people don't come forward,\u201d Anderson said she told investigators. Pavalko and Springston declined to comment on specific cases and did not respond to a question about whether it would be appropriate for investigators to react to allegations the way Anderson described. * * * Many students want to remove McGibbon from teaching. \u201cAnything less than the removal of this individual is condoning sexual harassment,\u201d Hogan wrote in the same Nov. 12, 2019, email to Pavalko where he said his time at was dominated by fear. Because the Education Department doesn\u2019t set a threshold for when a faculty member should be fired for a Title violation, and IU\u2019s sexual misconduct policy is vague, it\u2019s unclear what warrants a professor\u2019s removal. Faculty members rarely face serious consequences for Title violations, Stanford professor Michele Dauber said. \u201cUniversities have consistently failed to hold sexually harassing faculty accountable and have consistently failed to terminate faculty or to otherwise protect students in cases where faculty have been found to have committed sexual harassment,\u201d said Dauber, who is not involved in McGibbon\u2019s case and spoke generally. One staff member said faculty who may be aware of the allegations likely avoid talking publicly because McGibbon is one of a small group of tenured theater professors who vote on tenure-track professors\u2019 promotions. Nine current and former students told the they had heard rumors about McGibbon\u2019s misconduct and tried to steer clear of him. Staff member Sharai Bohannon, a playwright and house manager, said she lived in Bloomington for less than two weeks before she heard the allegations against McGibbon. 2/22/25, 6:31 concerning pattern\u2019 \| Indiana Daily Student 12/15 She said she refuses to recruit students, recommend guest artists or advise potential faculty to work at as long as McGibbon remains a faculty member. She started at in April and said she feels \u201cdirty\u201d working here herself feel like on some level, everybody knows something is not right here,\u201d she said feel like on some level, everybody knows something is not right here.\u201d \u2014 Sharai Bohannon, playwright and house manager Ballmer, Hogan\u2019s roommate, said Hogan\u2019s distress isn\u2019t just tied to what he alleges McGibbon did think what\u2019s continuously hurting him is also IU\u2019s response,\u201d Ballmer said. Hogan said he experienced night terrors and sleep paralysis multiple times a week as the investigation unfolded. He felt ostracized by the relatively small theater community. Other students didn\u2019t talk to him directly about the allegations, but he felt everyone knew. Hogan has considered leaving IU, but he decided to stay for two reasons: He\u2019s almost done with his degree, and he wants closure. He feels like his efforts to protect other students are far from done. \u201cIf had known that this process was ahead,\u201d Hogan said probably would have just not said anything.\u201d 2/22/25, 6:31 concerning pattern\u2019 \| Indiana Daily Student 13/15 2/22/25, 6:31 concerning pattern\u2019 \| Indiana Daily Student 14/15 Hogan sits in the lobby of the Department of Theatre, Drama, and Contemporary Dance. He reported allegations of sexual harassment in 2018, hoping other theater students would be protected. If you or someone you know has been sexually harassed by any faculty member, your story deserves to be told. Contact the at [email protected] list of resources is available here if you or someone you know has experienced sexual harassment or abuse. Please note some of these resources are affiliated. About this story To report this story, the spent two months talking to several experts and 18 people involved with the Department of Theatre, Drama, and Contemporary Dance. The allegations reflected in the story were quoted and paraphrased from emails, interviews and official Title documents. \uf099 Tweet \uf09a Share \uf0e0 Email Support independent, award-winning student journalism. Donate. \u00a9 Copyright 2020 Indiana Daily Student 2/22/25, 6:31 concerning pattern\u2019 \| Indiana Daily Student 15/15", "8618_102.pdf": "Murray McGibbon (Provided Photo/Indiana University) 205 Shares by: The Associated Press, Staff Reports professor leaves after sexual harassment allegation 161 1 Presented By Listen to this article 1.0x Audio by Carbonatix 14\u00b0\uf00d 2/22/25, 6:31 professor leaves after sexual harassment allegation - Indianapolis News \| Indiana Weather \| Indiana Traffic \| 1/7 Posted: Oct 30, 2020 / 04:08 / Updated: Oct 30, 2020 / 04:10 BLOOMINGTON, Ind. (AP/WISH) \u2014 An Indiana University professor accused of sexual harassment has left the school announced Friday that Murray McGibbon, who had been an associate professor in the Department of Theatre, Drama, and Contemporary Dance, no longer is with the university. Josh Hogan, an junior, had accused McGibbon of sexual harassment in 2018. The Indiana Daily Student newspaper published an article this week detailing Hogan\u2019s accusations against McGibbon and a resulting 2019 investigation under the Title federal civil rights law. The The Herald Times reports the article said the investigation found McGibbon sexually harassed Hogan in 2018 and revealed a \u201cconcerning pattern spokesperson Chuck Carney issued the following statement to News 8 on Friday: Following reports regarding previous investigations into the actions of an faculty member earlier this week, the Indiana University Office of Institutional Equity received new allegations and began a new investigation, placing the faculty member on administrative leave. In the wake of these new allegations, the faculty member has decided to leave Indiana University, effective Video shows cars frozen in ice after water main break floods Detroit neighborhood 14\u00b0\uf00d 2/22/25, 6:31 professor leaves after sexual harassment allegation - Indianapolis News \| Indiana Weather \| Indiana Traffic \| 2/7 immediately. We appreciate our students both current and past bringing forward new information. Indiana University takes very seriously any and all reports of sexual misconduct, including harassment and discrimination, and we continue to respond promptly and appropriately when such misconduct is brought to our attention imposed several disciplinary sanctions on the faculty member deemed appropriate based on the information known at the time. With the faculty member\u2019s departure from the university, the formal investigation is closed but the Office of Institutional Equity will continue to look into and respond to allegations brought to our attention 6 7,634 Views \uf09a\ue61b\uf0e0 \uf09a\ue61b\uf0e0 3 LAN... 14\u00b0\uf00d 2/22/25, 6:31 professor leaves after sexual harassment allegation - Indianapolis News \| Indiana Weather \| Indiana Traffic \| 3/7 Indiana Grown: Indiana\u2019s only certified... Local News / February 22, 2025 Pedestrian struck and killed on 14\u00b0\uf00d 2/22/25, 6:31 professor leaves after sexual harassment allegation - Indianapolis News \| Indiana Weather \| Indiana Traffic \| 4/7 Local News / February 22, 2025 1 dead, 2 injured from... Local News / February 22, 2025 Highlights: Zionsville at Fishers; February... News / February 21, 2025 14\u00b0\uf00d 2/22/25, 6:31 professor leaves after sexual harassment allegation - Indianapolis News \| Indiana Weather \| Indiana Traffic \| 5/7 \u2018WISHstory\u2019 \| House Democrats make 70th Anniversary / February 21, 2025 Indianapolis religious leaders discuss education,... Local News / February 21, 2025 Marriott Westin hotel to be... Business / February 21, 2025 14\u00b0\uf00d 2/22/25, 6:31 professor leaves after sexual harassment allegation - Indianapolis News \| Indiana Weather \| Indiana Traffic \| 6/7 Man arrested for school shooting... Indiana News / February 21, 2025 \u00a9 2025 (WNDY) 14\u00b0\uf00d 2/22/25, 6:31 professor leaves after sexual harassment allegation - Indianapolis News \| Indiana Weather \| Indiana Traffic \| 7/7", "8618_103.pdf": "Indiana University - Bloomington Graduate & Professional Student Government Resolution to Address Discrimination, Harassment, and Sexual Misconduct Whereas Bloomington had at least 39 reports of faculty/staff sexual misconduct in the past academic year, the majority of which were allegations of sexual harassment;1 Whereas, the recent cases of faculty violations of Discrimination, Harassment, and Sexual Misconduct, including the cases of Murray McGibbon2 and Ian Samuel,3 have brought forth concerns related to transparency, preventative mechanisms, and informational awareness in relation to our Discrimination, Harassment, and Sexual Misconduct procedures; Whereas, the Executive Committee4 has called for the University to take further steps to \u201cprovide a safer academic experience for all students;\u201d Whereas, the General Assembly, during a closed session in November of 2020, outlined an assortment of Discrimination, Harassment, and Sexual Misconduct violations that the Representatives and their constituents had experienced; Whereas, the President Dakota Coates has met frequently with leadership of the Office of Institutional Equity and the Office of the Vice Provost for Faculty & Academic Affairs design policy recommendations that strive to conform with existing legal restrictions related to Discrimination, Harassment, and Sexual Misconduct policies; Whereas, the current University Policy on Discrimination, Harassment, and Sexual Misconduct5 is currently an \u201cinterim policy for the 2020-21 academic year\u201d and is currently seeking out feedback; Whereas, President Joe Biden has stated6 that he intends to rescind and/or reform former- President Trump\u2019s guidance related to Title IX, further reinforcing that the University\u2019s existing policy will undergo revision; \u2026 1 Student Welfare and Title Report Board of Trustees Dec. 2020 Meeting. 2 3 4 teaching 5 UA-03: 6 Indiana University - Bloomington Graduate & Professional Student Government Therefore, be it resolved by the Graduate and Professional Student Government Assembly that advocates for the University to amend its Discrimination, Harassment, and Sexual Misconduct policy to include the following: \u25cf When a Faculty member has been found responsible for a violation, resulting in level two sanctions,7 the following additional restrictions would apply: \u25cb The Faculty member shall not be allowed to take on any additional students as advisees, Student Academic Appointees, or mentees. \u25cb The Faculty member shall not be allowed to chair any committees in which they would serve in tandem with a student. \u25cb That Faculty member shall not be allowed to serve on any committee in which they would oversee student-directed policy. \u25cb That Faculty shall meet with their unit chair and disclose the scope of all current involvements on campus, which shall be subject to restriction upon the discretion of the unit chair and/or OIE. \u25cb The Faculty member shall be removed from positions of decision-making authority8 and shall not be able to return until an appropriate evaluation has been performed by either the unit chair and/or OIE. \u25cf When a Faculty member is currently being investigated under this policy, the Faculty member must be ineligible from taking on any additional advising functions involving graduate or undergraduate students, and they may not resume advising until they have been found not responsible or the investigation results in a level one sanction. Further, we encourage the appropriate unit(s) to be as restrictive as possible in limiting existing advising relationships. \u25cf That Faculty members who have been found responsible for violation of the policy are ineligible to serve on any adjudicatory or appellate review role/body contemplated under this policy, such as the faculty board of review. 7 As set forth in UA-03, Level Two Sanctions include sanctions that directly modify job duties, salary, or job status, including affecting compensation, consideration in tenure, or promotion decisions, suspension, and termination. 8 Decision-making authority does not include teaching or research related decisions, unless otherwise stated in an decision. Indiana University - Bloomington Graduate & Professional Student Government \u25cf That the appropriate university body(ies) establish(es) a policy or policies to permit students to serve as an advisee, mentee, or for a Faculty found guilty of a level two sanction with approval from the unit head and, when possible, with informed consent from the student. Therefore, be it resolved by the Graduate and Professional Student Government Assembly that advocates for the University to take the following steps to enhance transparency in the standard operating procedures related to bias and harassment: \u25cf That each unit shall review all necessary alternative courses or graduation requirements for students in the event that a Faculty member found responsible for a violation warranting level two sanctions is the sole available instructor for a required course. Furthermore, the University shall develop a mechanism to allow impacted students to request alternative accommodations to existing required courses or graduation requirements. \u25cf That the University shall take any steps to increase notice and transparency, within the confines of its existing legal obligations, to alert students, staff, and other faculty members when a faculty member is being investigated for and/or is found responsible for a Discrimination, Harassment, and Sexual Misconduct violation. \u25cf That the University shall continue to find ways to coordinate with other institutions to enhance sharing of information related to Faculty members who are terminated as a result of and/or found responsible for Discrimination, Harassment, and Sexual Misconduct violations. \u25cf That the University adopt a general practice of requiring all potential faculty and/or staff sign a waiver allowing prior employers to release information related to Discrimination, Harassment, and Sexual Misconduct violations or investigations that occurred during their tenure at the prior employer. Therefore, be it resolved by the Graduate and Professional Student Government Assembly that advocates for the University to take the following steps to enhance informational awareness for students: \u25cf That the University shall clarify the process by which the campus communicates with Departments when a Faculty member is being investigated and/or has been found responsible for a Title or Harassment violation. Indiana University - Bloomington Graduate & Professional Student Government \u25cf That students be provided with and made aware of whistleblower protections to prevent issues of academic retaliation connected to reporting or utilizing bias, harassment, or Title reporting systems. \u25cf That the Office of the Vice President & General Counsel shall clarify to students, staff, and other faculty the breadth to which they can publicly speak out on concerns related to Discrimination, Harassment, and Sexual Misconduct, particularly on matters related to public disclosure of investigation proceedings and on general commentary related to potential legal exposure (such as defamation). Therefore, be it resolved by the Graduate and Professional Student Government Assembly that advocates for the University eases the process associated with requests under 5- 14-3-4(b)(8)(C)9 which allows for the release of \u201cpersonnel files of public employees and files of applicants for public employment\u201d that involve \u201cthe factual basis for a disciplinary action in which final action has been taken and that resulted in the employee being suspended, demoted, or discharged advocates that the University consider methods of automatic release or expedited review processes as potential solutions. Therefore, be it resolved by the Graduate and Professional Student Government Assembly that advocates for the University to ensure that tenured faculty members found responsible for misconduct in violation of university policies are provided no additional leniency, and encourages the University to consider revocation of any and all benefits and/or rights associated with tenure in the event a faculty member is found guilty of a level two sanction. Further, in these cases we would encourage the University to also consider the revocation of the Faculty's graduate instructor status.\" Therefore, be it resolved by the Graduate and Professional Student Government Assembly that advocates for the University to require annual bias and harassment training for all faculty and staff members. Therefore, be it resolved by the Graduate and Professional Student Government Assembly that advocates for the University to implement awareness of all forms of reporting mechanisms for Discrimination, Harassment, and Sexual Misconduct, including into all program orientations and to develop a related informational Canvas page insert that Faculty are encouraged to include on their course sites. 9 Indiana Law 5-4-13, . Indiana University - Bloomington Graduate & Professional Student Government Respectfully submitted to and passed by the Graduate and Professional Student Government Assembly on January 22, 2021. _________________________________ __________________ President Date 1/22/2021", "8618_104.pdf": "faculty member leaves after multiple sexual harassment allegations Michael Reschke The Herald-Times Published 6:00 p.m Oct. 30, 2020 Josh Hogan expressed a mix of emotions Friday as he addressed a crowd of about 60 people standing outside the Indiana University Auditorium. The gathering had been organized to call for an faculty member accused of sexual harassment to be fired. But less than two hours earlier released a statement saying Murray McGibbon, who had been an associate professor in the department of theatre, drama and contemporary dance, had left the university. Hogan, an junior who had accused McGibbon of sexual harassment in 2018, said what happened earlier that day was good, but it did not excuse a Title process he described as being designed to protect aggressors. \u201cThere is still a much longer fight that has to happen at IU,\u201d Hogan said. The demonstration was planned after an student newspaper article published Monday detailed Hogan\u2019s accusations against McGibbon and the resulting 2019 Title investigation. According to the article, the investigation found McGibbon sexually harassed Hogan in 2018 and revealed a \u201cconcerning pattern.\u201d McGibbon had remained a member of the faculty until Friday spokesman Chuck Carney, in a phone interview Thursday, did not dispute information presented in the student newspaper article. He confirmed on Thursday that McGibbon was still with the university, but \u201cthere are restrictions that article pointed out.\u201d Those restrictions included barring McGibbon from interacting with Hogan and from directing plays while Hogan is a student. During a department-wide video conference call in August, Hogan reportedly posted a public message asking why \u201cis a known, sex offender, proven guilty by IU, still teaching at IU.\u201d The 2/22/25, 6:33 faculty member leaves after multiple sexual harassment allegations 1/3 comment Hogan made prompted another student to question whether McGibbon had sexually harassed her does not use terms such as \u201cguilty\u201d and \u201cnot guilty\u201d with regard to outcomes of its Title investigations. Instead, it uses the phrases \u201cresponsible\u201d and \u201cnot responsible.\u201d Guilt is determined by a court of law. IU\u2019s Title investigations are separate from any criminal investigation that may or may not occur. They fulfill a requirement based on an interpretation of Title of the Education Amendments of 1972 that prohibit sex discrimination in any education program or activity receiving federal funding. Since the student newspaper article was published, multiple groups had called for McGibbon\u2019s removal from the faculty. The Bloomington Graduate and Professional Student Government Executive Committee released a statement asking that McGibbon be immediately removed from his teaching capacity. \u201cThe university has already recognized that McGibbon\u2019s actions have made \u2018students uncomfortable and uneasy\u2019 and many have reported that they are fearful to raise further concerns due to his position within the department,\u201d said a statement from the organization. \u201cThis is completely unacceptable, and the students in the department are right to demand a more proper punishment and greater protection from a known harasser.\u201d Amid this growing chorus of condemnation, Carney sent out a statement Friday announcing McGibbon\u2019s departure. \u201cFollowing reports regarding previous investigations into the actions of an faculty member earlier this week, the Indiana University Office of Institutional Equity received new allegations and began a new investigation, placing the faculty member on administrative leave,\u201d he said in the statement. \u201cIn the wake of these new allegations, the faculty member has decided to leave Indiana University, effective immediately.\u201d When Cole Winston, an senior studying musical theater, acknowledged McGibbon\u2019s departure during the demonstration, the crowd cheered. Winston called it a day to celebrate but added there is more work to do. He introduced Hogan, who recounted fears of retaliation as he moved through the university\u2019s formal sexual misconduct complaint and investigation process. 2/22/25, 6:33 faculty member leaves after multiple sexual harassment allegations 2/3 Hogan said he asked university officials last year to inform students and department faculty of McGibbon\u2019s behavior. He said it was made clear to him that would not happen. Hogan closed by thanking everyone who attended the protest. \u201cWhen our school told us to be silent, we, together, refused,\u201d he said. 2/22/25, 6:33 faculty member leaves after multiple sexual harassment allegations 3/3", "8618_105.pdf": "Sign Up to see what your friends like. Like Tweet Students rallied outside the Theatre just an hour after McGibbon's departure was announced. (Ethan Burks News) Associate Professor Murray McGibbon has left his position within the Department of Theatre, Drama and Contemporary Dance, according to an announcement. McGibbon has been accused of sexual harassment toward multiple students during his tenure, according to a detailed report in the Indiana Daily Student earlier this week. About 100 students rallied outside the university theatre Friday afternoon to speak out against the incidents. \u201cThis should have never happened, and this should have never been dragged out as long as it has been,\u201d Josh Hogan said, who accused McGibbon of sexual harassment in 2018. \u201cOur Title process is designed to protect aggressors.\u201d Hogan, a junior, said he spent all last year pleading with the university to inform them of McGibbon\u2019s behavior. Cole Winston is also a current student and one of the organizers of Friday\u2019s rally. He said the initial goal was to demand the removal of McGibbon wanted to make sure that the voices of the people in this department who have been affected can speak up,\u201d Winston said. \u201cCan be here to voice their concerns and make sure that this man Support For Indiana Public Media Comes From Indianapolis school leader suspended over sexually explicit email announces student media merger, cuts newspaper Carl Bernstein attends panel at on covering polarized election Associate Professor Murray McGibbon Resigns Amid Sexual Harassment Allegations By Posted October 30, 2020 \u03c0 home radio tv news arts & culture events Broadcast Status Contact Services Support About \u00bb Search Search 2/22/25, 6:33 Associate Professor Murray McGibbon Resigns Amid Sexual Harassment Allegations \| news - Indiana Public Media 1/3 Read Next does not teach anymore.\u201d New allegations were brought forward against McGibbon this week. One incident was from a student in 2019 and another was in 2008, according to the Daily Student. \u201cThe Indiana University Office of Institutional Equity received new allegations and began a new investigation, placing the faculty member on administrative leave spokesperson Chuck Carney said in an email today. \u201cIn the wake of these new allegations, the faculty member has decided to leave Indiana University, effective immediately.\u201d Carney said with McGibbon\u2019s\u2019 departure, the formal investigation is closed but the Office of Institutional Equity will continue to look into and respond to allegations brought to its attention. \u201cWe appreciate our students both current and past bringing forward new information. Indiana University takes very seriously any and all reports of sexual misconduct, including harassment and discrimination, and we continue to respond promptly and appropriately when such misconduct is brought to our attention,\u201d Carney said. 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Find out how to contact your senators and member of Congress here \u2018light\u2019 for the Jewish community and Bloomington groups memorialize Oct. 7 attack As early voting begins groups urge students to cast ballots soon Pro-Palestine organizers hold vigil and protest on anniversary of the war Same-sex marriage anniversary, state park accessibility, State District 62 race \| Indiana Newsdesk Dunn Meadow renovations continue Democratic state lawmaker calls on legislature to boost K-12 tuition spending The Project School was closed Wednesday because of threatening message Radio Listen 1 103.7 2 101.9 Radio Program Schedule Ways To Listen Listener Guide (PDF) Event Announcements About Watch Video shopTIU Documentaries Program Schedule Viewer Guide (PDF) Station Events About News & Information Indiana Newsdesk Noon Edition Ask The Mayor Inquire Indiana City Limits Moment of Science Profiles Arts & Culture Afterglow Earth Eats Ether Game Flyover Culture Focus On Flowers Harmonia Just You & Me Journey Indiana Night Lights Poets Weave Porchlight Services Studio Production Remote Production Field Production Post Production Graphics Animation Transmission Rate Card (PDF) Get Free Quote Support Radio Become a Radio Sustainer Gift Planning Donate Your Vehicle Business Support Television Become a Sustainer Gift Planning Donate Your Vehicle Business Support About Public Radio Public Television Careers Contact Us Terms of Use Privacy Policy Public File and Reports Broadcast Status Indiana Public Media is the home of Public Radio Public Television, including your favorite programming from and PBS. Learn More Indianapolis school leader suspended over sexually explicit email announces student media merger, cuts newspaper Carl Bernstein attends panel at on covering polarized election \u03c0 2/22/25, 6:33 Associate Professor Murray McGibbon Resigns Amid Sexual Harassment Allegations \| news - Indiana Public Media 2/3 \u00a9 2025, The Trustees of Indiana University \u2022 Copyright Complaints 1229 East Seventh Street, Bloomington, Indiana 47405 \u03c0 2/22/25, 6:33 Associate Professor Murray McGibbon Resigns Amid Sexual Harassment Allegations \| news - Indiana Public Media 3/3", "8618_106.pdf": "found a \u2018concerning pattern.\u2019 He still teaches here. 2/22/25, 6:33 concerning pattern\u2019 \| Indiana Daily Student 1/15 Published 9 a.m. Oct. 26, 2020 Written by Emily Isaacman [email protected] \| @emilyisaacman Photos by Izzy Myszak [email protected] \| @MyszakIzzy Web development by Vivek Rao [email protected] \| @v1vra0 Content warning: This article includes descriptions of sexual harassment. This story was updated at 11:30 a.m. Oct. 28 to reflect additional allegations that McGibbon asked undergraduate women to attend callbacks in bikinis in 2008. Information on the theater department\u2019s audition policies was also added determined associate professor Murray McGibbon sexually harassed a freshman in 2018 2019 Title investigation report stated \u201cthe evidence reveals a concerning pattern by [McGibbon] of singling out certain students.\u201d McGibbon continues to teach in the Department of Theatre, Drama, and Contemporary Dance. Junior Josh Hogan, the student he allegedly harassed, says has not sufficiently protected him and other students. IU\u2019s definition of sexual harassment includes \u201cunwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the recipient\u2019s education program or activity,\u201d according to the university\u2019s sexual misconduct policy.\ufeff McGibbon\u2019s behavior violated the university\u2019s sexual misconduct policy and Code of Academic Ethics, according to a September 2019 decision letter to Hogan from Vice Provost for Faculty and Academic Affairs Eliza Pavalko. In that letter, Pavalko told Hogan that McGibbon\u2019s interactions with him were \u201cunwelcome and reasonably interpreted as amorous, romantic, and sexual in nature and they were sufficiently severe, pervasive, and persistent to create a hostile environment for you.\u201d The documents The Indiana Daily Student references two main documents throughout this story. Learn what they mean McGibbon \u201cengaged in sexual harassment\u201d and \u201cexhibited a pattern of singling out some students and giving them undue attention,\u201d Pavalko wrote. She recommended Level Two Sanctions \u2014 the highest tier of punishment for a violation of IU\u2019s sexual misconduct policy \u2014 and imposed six specific sanctions, including barring McGibbon from interacting with Hogan and directing plays while Hogan is a student. More on sanctions Vice Provost Eliza Pavalko imposed the following sanctions following an investigation into Hogan\u2019s allegations of sexual harassment. Learn more This semester, McGibbon teaches 33 students in three acting and directing classes. When asked to respond to a detailed list of questions and allegations, McGibbon sent the following statement through his lawyer, Anthony Paganelli: 2/22/25, 6:33 concerning pattern\u2019 \| Indiana Daily Student 2/15 \u201cProf. McGibbon\u2019s ability to dispute false claims against him is substantially constrained by both the confidentiality of the Title process and by the requirements of the Family Educational Rights and Privacy Act (\u201cFERPA\u201d). Prof. McGibbon\u2019s conduct was thoroughly investigated by the University\u2019s Office of Institutional Equity in 2019. Professor McGibbon fully cooperated with the investigation. He and the student in question are both required to maintain the confidentiality of that process, and Prof. McGibbon will continue to do so despite any improper public attacks against him. The matter was closed over a year ago, and Prof. McGibbon has complied in all respects with the University\u2019s decision.\u201d Though individuals involved in investigations are encouraged to maintain privacy, Emily Springston, IU's Director of Institutional Equity and Title IX, said in an email, \u201cWhile the university cannot speak about specific student and employee matters, we do not prohibit other individuals from talking about matters during and after investigations.\u201d McGibbon's presence hurts the department's overall culture, a department staff member who requested anonymity for fear of retaliation from McGibbon told the Indiana Daily Student. \u201cOur students don't feel safe or comfortable in our department, and he's a part of that,\u201d the staff member said. Two other people accused McGibbon of misconduct during IU\u2019s Title investigation into Hogan\u2019s allegations spokesperson Chuck Carney confirmed in an email. One alleged sexual harassment. The other alleged racial discrimination. Pavalko determined McGibbon only violated the sexual misconduct policy for one complaint, Carney said. Documents show this complaint was Hogan\u2019s junior Josh Hogan sits in the Wells-Metz Theatre Title investigators determined associate professor Murray McGibbon sexually harassed Hogan in 2018. Title is a federal civil rights law that prohibits sex discrimination at institutions receiving federal funding. At IU, the Office of Institutional Equity handles Title complaints. The report from the Title investigation into Hogan\u2019s allegations states McGibbon\u2019s behavior made \u201cstudents uncomfortable and uneasy, while also feeling they did not have the ability to speak up or raise concerns at the time, because of [McGibbon\u2019s] role and authority within the Department and his directorial power.\u201d The report\u2019s recommendation to Pavalko states there was \u201cevidence of a pattern by [McGibbon] of identifying new, beginning students, and engaging in behavior that is outside of the professional and academic boundaries expected.\u201d\ufeff 2/22/25, 6:33 concerning pattern\u2019 \| Indiana Daily Student 3/15 During a department-wide Zoom call in August, Hogan sent a public message: \u201cwhy is a known, sex offender, proven guilty by IU, still teaching at IU\u201d? \u201cwhy is a known, sex offender, proven guilty by IU, still teaching at IU\u201d? \u2014 Junior Josh Hogan sent this message in a department-wide Zoom call Springston said in an email that IU\u2019s process does not use terms such as \u201cguilty\u201d and \u201cnot guilty\u201d because it is not akin to a criminal court. Rather, Title investigation reports involving faculty are sent to Pavalko, who issues decisions and sanctions. Springston and Pavalko declined to comment on specific cases, citing privacy laws want to stress that takes all reports of sexual harassment, sexual misconduct, or discrimination of any kind very seriously,\u201d Pavalko said in an email. The words Hogan messaged during the Zoom call caused graduate student Jamie Anderson to process that she might have been sexually harassed by McGibbon the night before think if we don\u2019t do something drastic now,\u201d Anderson said, \u201cthis program is going to be considered one of the most unsafe spaces to be for just about anyone.\u201d 2/22/25, 6:33 concerning pattern\u2019 \| Indiana Daily Student 4/15 Associate professor Murray McGibbon * * * In 2018, McGibbon cast Hogan, now 21, as the only undergraduate student in a controversial mainstage play he directed and gave the then-freshman individual attention that Hogan says left him traumatized. He says McGibbon took him on a daytrip for lunch and a movie, invited him on an all-expenses paid trip to Greece, asked him to stay back alone at night after a cast readthrough at his house, told him he loved him, changed a scene in the show to expose Hogan\u2019s body, called him almost daily to chat about matters unrelated to the show and offered him alcohol underage, according to the Title investigation report and interviews with Hogan. McGibbon asked Anderson just before 9 p.m. Aug. 26 to join a Zoom call, according to an email. Anderson said during the call he told her he wanted to meet regularly like that and told her he \u201cwasn\u2019t trying to seduce\u201d her. Students have accused McGibbon of repeatedly giving undue attention to new, young students; offering alcohol to underage students; texting, emailing and calling students late at night unrelated to their work together; and asking students to spend time with him individually, unrelated to their educational work. Linda Pisano, chair of the theater department, declined to comment on specific allegations. She sent the a general statement saying in part that the department wants \u201call our students to have a learning environment in which they feel safe and encouraged.\u201d The lines between professor and student easily blur in theater. Acting demands openness and trust. Violating that trust can damage a student actor\u2019s academic success. The role Hogan auditioned for in 2018 required vulnerability. The actor had to break down crying during auditions. While McGibbon was Anderson\u2019s directing instructor in fall 2019, she says she confided in him about her history with sexual violence and PTSD. 2/22/25, 6:33 concerning pattern\u2019 \| Indiana Daily Student 5/15 Hogan and Anderson said McGibbon\u2019s actions and IU\u2019s response caused their mental health to severely decline. The potential to run into McGibbon made them feel unsafe attending certain classes and shows. Hogan said he has seriously considered leaving IU. McGibbon\u2019s comments on the Zoom call with Anderson worsened her post-traumatic stress disorder symptoms, she said. Hogan said he\u2019s suffered from sleep paralysis and anxiety since he reported his allegations against McGibbon. Asked how students can feel safe when a professor found to have sexually harassed a student can still teach, Springston said in an email that her office works with campus and department leaders to \u201ctake appropriate preventive measures when responding to reports and conducting formal investigations definitely wants students to feel safe and supported,\u201d Springston said. McGibbon has taught at since 1996. He makes the fourth highest salary in his department. Name Position 2020\u201321 Salary Jonathan R. Michaelsen Professor, director of graduate studies $129,206 Linda Pisano Department chair $94,719 Elizabeth Limons Shea Contemporary dance program director $89,775 Murray McGibbon Associate professor $78,079 Opinions of McGibbon in the department are mixed, current and former students said. Two alumnae said McGibbon taught them more than any other instructor because of his straightforward coaching style. Students said rumors about McGibbon began in 2014. McGibbon teaches three acting and directing classes in the Department of Theatre, Drama, and Contemporary Dance. Students said they don\u2019t feel safe in the department while he is allowed to continue teaching. Former students said McGibbon\u2019s behavior has made students uncomfortable since at least 2008. McGibbon allegedly requested undergraduate women, including freshmen, attend auditions in bikinis in 2008, 2014 and 2016. Two women said he took photographs in 2014 and 2016. 2/22/25, 6:33 concerning pattern\u2019 \| Indiana Daily Student 6/15 Two theater staff members with professional experience said no one should ever be asked to remove clothing for auditions and called McGibbon\u2019s alleged requests unacceptable. During 2018 theater auditions, the week before classes started, Hogan tried out for a show McGibbon was directing. Hogan hadn\u2019t declared a major yet. He wasn\u2019t aware of his rights as a student actor. The department has general audition guidelines but does not have specific written policies explaining unacceptable types of interactions between directors like McGibbon and students. McGibbon called Hogan into his office during the audition week and said he needed to learn more about the freshman\u2019s personal life before deciding whether to cast him, Hogan said McGibbon ultimately cast Hogan as the only undergraduate in \u201cThe Goat, or Who is Sylvia?\u201d a four-person play centered around a family that falls apart after the father falls in love with a goat named Sylvia. An news story called the show \u201carguably the most controversial theatrical performance presented at Bloomington.\u201d In 2018, McGibbon told the he had pushed to direct this play at since 2002, calling it \u201ca once-in-a-lifetime play\u201d that would \u201ccause a lot of discussion.\u201d Hogan seized the opportunity to establish himself as an actor through the role McGibbon awarded him. He said McGibbon bragged about other students he\u2019d guided into successful careers. Hogan assumed the director was taking him under his wing. McGibbon has wielded power over students through his authority as a faculty member, connections in the competitive theater industry and ability to cast students in roles for performances that are key to their education. \u201cJosh was definitely trying to ignore the problematic nature of the situation,\u201d said junior Ben Ballmer, Hogan\u2019s close friend and roommate. McGibbon\u2019s interactions with Hogan violated professional boundaries, Pavalko wrote in her decision letter. He asked Hogan to stay at his house alone after a cast readthrough and offered him wine, according to interviews with Hogan and allegations in the Title investigation report. Emails show McGibbon invited Hogan to spend a day with him alone in Nashville, Indiana, to have lunch and see a movie. Re: Schedule Date: Sept. 1, 2018 at 2:26 From: Murray McGibbon To: Josh Hogan Maybe we could go there for a walkabout and have lunch at the Hobknob restaurant? Try and find a mid afternoon showing of Christopher Robin? Let me know where should pick you up, and what time... Murray 2/22/25, 6:33 concerning pattern\u2019 \| Indiana Daily Student 7/15 Sent from my iPad McGibbon also invited Hogan on a paid trip to Greece after his ex-wife couldn\u2019t go, according to emails between the two and interviews with Hogan. McGibbon confirmed to Title investigators that these incidents happened. McGibbon called and messaged Hogan almost daily to talk about matters unrelated to their work together, Hogan said. McGibbon left voicemails when Hogan didn\u2019t answer, a screenshot shows. At the end of one of the calls, McGibbon said love you\u201d and later emailed Hogan to say his love didn\u2019t need to be reciprocated, according to interviews with Hogan and allegations in the Title investigation report. Hogan deleted that email so he wouldn\u2019t have to see it anymore, he said. Later in the rehearsal process, McGibbon said he couldn\u2019t wait on an intimacy coordinator to start directing a kissing scene, asking Hogan to run it several times in a row while he watched, Hogan recalled McGibbon chose for Hogan to appear in a scene wearing only a towel, Hogan said. McGibbon said he asked Hogan about this choice and Hogan \u201cthought it was a cool idea,\u201d according to the report. Hogan said he felt he had \u201cno option but to go along with [McGibbon\u2019s] frequent outreach, contact and invitations, given [McGibbon\u2019s] directing and decision-making power,\u201d according to the investigation report. The report found \u201cevidence of quid pro quo sexual harassment.\u201d McGibbon \u201cdenies some of these interactions happened, and with others, he has indicated they were minor or only done to help [Hogan], and were not of a sexual or amorous nature,\u201d according to the report. He denied Hogan was ever at his house alone, according to the report. McGibbon was \u201cadamant that his actions toward [Hogan] were the actions of a concerned, involved faculty member,\u201d the report said. He said he took Hogan to Nashville because he was a new student and \u201chis audition was not good,\u201d according to the report. He \u201csaw something\u201d in Hogan and believed he could do better. McGibbon said Hogan \u201clooked right for the part [in \u201cThe Goat\u201d], as he looked young, which the role required,\u201d according to the report. McGibbon told Title investigators he \u201cacted impetuously\u201d when he invited Hogan to Greece, which he called a \u201cstupid\u201d decision. He could not recall ever telling Hogan love you,\u201d according to the report, but said he refers to people in conversation as \u201clove,\u201d which is common in South Africa, where he is from. McGibbon told investigators he communicates with students mostly for scheduling arrangements and does not socialize much with students outside of rehearsals, according to the report. He said he offers alcohol when he hosts cast parties, but announces that students under 21 can\u2019t drink, the report said. 2/22/25, 6:33 concerning pattern\u2019 \| Indiana Daily Student 8/15 The report said McGibbon told investigators the rehearsal period for \u201cThe Goat\u201d was happy and successful. * * * Anderson, the graduate student, started working closely with McGibbon in fall 2019. McGibbon was her main directing instructor. She said they developed a solid line of trust. On Aug. 26, McGibbon emailed Anderson at 8:43 p.m. to ask if she was up for a quick Zoom call. She isn\u2019t taking classes with McGibbon this semester, so there was no clear educational reason for them to connect. Anderson said she joined the call, and McGibbon seemed eager to catch up but appeared drunk and disheveled. His hair was unkempt, his face was bright red and the drink in his hand appeared to be alcoholic, she told the IDS. She said McGibbon told her he believed in her talent and wanted to be her adviser and serve on her thesis committee. He told her he would love to start meeting regularly \u201clike this,\u201d she said. \u201cIt\u2019s not like I\u2019m trying to seduce you or anything,\u201d she recalled him saying. When Anderson saw Hogan\u2019s message about a sexual offender during the welcome back Zoom call the next day, she said she processed that McGibbon\u2019s behavior the night before was not OK. The event triggered past trauma, Anderson said. She said she experienced a dissociative episode in public that put her in physical danger and has since started therapy. She reported the incident with McGibbon to the Office of Institutional Equity. \u201cYou can\u2019t act like a repeated behavior like this is going to magically disappear, because history has proven otherwise,\u201d Anderson said. \u201cYou can\u2019t act like a repeated behavior like this is going to magically disappear, because history has proven otherwise.\u201d \u2014 Jamie Anderson, graduate student * * * 1996 appoints Murray McGibbon to the Department of Theatre, Drama, and Contemporary Dance. 2005 McGibbon is promoted to associate professor, a tenured position. 2008, 2014, 2016 McGibbon asks women to audition in bikinis and have pictures taken, former students say. Aug. 2018 Josh Hogan begins his freshman year at and auditions for \u201cThe Goat,\u201d a show McGibbon is directing. Aug. \u2013 Dec. 2018 During rehearsals for \u201cThe Goat,\u201d Hogan says McGibbon: Took him on a daytrip for lunch and a movie, invited him on an all-expenses paid trip to Greece, asked him to stay back alone at night after a cast readthrough at his house, told him he loved him, 2/22/25, 6:33 concerning pattern\u2019 \| Indiana Daily Student 9/15 changed a scene in the show to expose his body, called him daily to chat about things not related to the show and offered him alcohol underage, according to interviews with Hogan and Title documents. Dec. 7, 2018 Hogan emails Department Chair Linda Pisano to notify her of \u201cinappropriate practices\u201d involving McGibbon during rehearsals for \u201cThe Goat\u201d and asks to set up a meeting. Dec. 14, 2018 Hogan officially reports McGibbon to IU\u2019s Office of Institutional Equity. Sept. 11, 2019 An administrator sends Hogan a decision letter saying she determined McGibbon had sexually harassed him and \u201cexhibited a concerning pattern.\u201d Aug. 26, 2020 Graduate student Jamie Anderson joins a Zoom call with McGibbon at his request. She laters reports him for allegedly sexually harassing her on the call Failing to hold perpetrators accountable can diminish students\u2019 trust in the Title process and deter them from reporting sexual misconduct, said Justine Andronici, a lawyer who represented survivors in sexual abuse cases against Jerry Sandusky. \u201cIf the process fails one victim, it fails every victim,\u201d said Andronici, who is not involved in McGibbon\u2019s case and was speaking generally. \u201cIf the process fails one victim, it fails every victim.\u201d \u2014 Justine Andronici, lawyer Springston, the Title coordinator, said in an email that between 2015 and spring 2020, nine faculty members have left IU- Bloomington in connection with an investigation by her office. Five were fired and four resigned pending an investigation. This included tenured faculty, she said. Hogan reported to Springston\u2019s office on Dec. 14, 2018, that McGibbon \u201cengaged in inappropriate conduct, including conduct of a sexual nature and making inappropriate advances,\u201d according to the report. Three months later, in March 2019, Hogan received an email from McGibbon: It's been a while Date: Mar. 26, 2019 at 8:30 From: Murray McGibbon To: Josh Hogan Hi Josh It\u2019s been a while and was just wanting to touch base and see how you are doing. Try and track me down over the course of the next few days and let\u2019s catchup! Best, 2/22/25, 6:33 concerning pattern\u2019 \| Indiana Daily Student 10/15 Murray Hogan panicked, he said. He thought the Title investigators had already put a no-contact order in place. But they hadn\u2019t informed McGibbon of the investigation yet, emails show. There is no set time frame for investigators to inform an accused faculty member of a complaint, Springston said in an email. The investigators informed McGibbon of Hogan\u2019s complaint by the next day, according to emails between Hogan and Equity and Title Specialist Carol McCord. McGibbon was also barred from being involved in department shows, meeting with students alone and contacting Hogan in any form until the investigation concluded. Hogan still had to attend classes in the theater building. \u201cThere was a chance around any corner that could run into him,\u201d Hogan said. He received the investigation report in August 2019, eight months after he first met with Title investigators McCord and Laura Galloway. In her September 2019 decision letter, Pavalko issued six specific sanctions: While Hogan remains an student, McGibbon: Can\u2019t direct plays Must notify the department chair of any individual projects or thesis committees which he is directing or on which he is serving Can\u2019t participate in any activities organized, sponsored or overseen by the Student Advisory Board Generally, McGibbon: Must conduct all interactions on campus if they are related to his faculty role Should not provide or make available alcohol to underage students Should make every effort to avoid interacting with Hogan in any form When Hogan graduates, top officials will determine whether McGibbon can direct plays again and will consider additional monitoring, according to Pavalko\u2019s letter. Hogan viewed the sanctions as \u201ca glorified slap on the wrist.\u201d McGibbon continued teaching. Hogan said he didn\u2019t realize he could appeal the decision if he did not agree with the sanctions. This option was mentioned in Pavalko\u2019s decision letter. He quickly saw the sanctions were insufficient, Hogan said. Nearly two weeks after Hogan received the report, he emailed Pavalko to say he saw McGibbon outside his classroom. Pavalko responded saying, \u201cGiven that Prof. McGibbon is still teaching and has some responsibilities that require him to be around the department, it is impossible to ensure that you will not run across him from time to time, either in the building or outside the area.\u201d In a November 2019 email to Pavalko, Hogan said he saw McGibbon at a public performance in the theater building. He said he couldn\u2019t go because McGibbon was there, though at the time McGibbon\u2019s sanctions did not apply to public events. Emails show Pavalko modified the sanctions within a week so that Hogan and McGibbon would have to inform the department chair 48 hours in advance if they planned to attend a smaller venue event in the theater department, in addition to mainstage productions. If both of them wanted to attend, McGibbon couldn\u2019t go. 2/22/25, 6:33 concerning pattern\u2019 \| Indiana Daily Student 11/15 Emails show Pisano also notified Hogan in advance of mainstage shows McGibbon planned to attend. Still, Hogan wrote to Pavalko five days later am forced to potentially run into the person who harassed me on a near daily basis am forced to be in fear of going to any events related to the theatre department, and my experience at has become one that is dominated by fear.\u201d Pavalko responded by summarizing the additional restrictions she imposed on smaller venue events and reminded Hogan that he could have appealed her decision. She told him to let her know if there were other types of department events not covered by her sanctions she should consider, according to the email. Hogan felt the university wasn\u2019t doing enough to protect him and others, he said. Investigators determined the most recent complaint against McGibbon \u201cdid not rise to the level of a violation under the current version of the policy,\u201d Carney said in an email. They referred the complaint to Pavalko to determine whether McGibbon\u2019s alleged actions violated other university policies. The independently confirmed this complaint was Anderson\u2019s Anderson said the investigators told her Oct. 12 that McGibbon likely meant his comment as a joke. They didn\u2019t inform McGibbon of her complaint, she said investigators told her. Her positive working relationship with McGibbon last year also lessened her credibility, she said they told her. \u201cThis is the reason why people don't come forward,\u201d Anderson said she told investigators. Pavalko and Springston declined to comment on specific cases and did not respond to a question about whether it would be appropriate for investigators to react to allegations the way Anderson described. * * * Many students want to remove McGibbon from teaching. \u201cAnything less than the removal of this individual is condoning sexual harassment,\u201d Hogan wrote in the same Nov. 12, 2019, email to Pavalko where he said his time at was dominated by fear. Because the Education Department doesn\u2019t set a threshold for when a faculty member should be fired for a Title violation, and IU\u2019s sexual misconduct policy is vague, it\u2019s unclear what warrants a professor\u2019s removal. Faculty members rarely face serious consequences for Title violations, Stanford professor Michele Dauber said. \u201cUniversities have consistently failed to hold sexually harassing faculty accountable and have consistently failed to terminate faculty or to otherwise protect students in cases where faculty have been found to have committed sexual harassment,\u201d said Dauber, who is not involved in McGibbon\u2019s case and spoke generally. One staff member said faculty who may be aware of the allegations likely avoid talking publicly because McGibbon is one of a small group of tenured theater professors who vote on tenure-track professors\u2019 promotions. Nine current and former students told the they had heard rumors about McGibbon\u2019s misconduct and tried to steer clear of him. Staff member Sharai Bohannon, a playwright and house manager, said she lived in Bloomington for less than two weeks before she heard the allegations against McGibbon. 2/22/25, 6:33 concerning pattern\u2019 \| Indiana Daily Student 12/15 She said she refuses to recruit students, recommend guest artists or advise potential faculty to work at as long as McGibbon remains a faculty member. She started at in April and said she feels \u201cdirty\u201d working here herself feel like on some level, everybody knows something is not right here,\u201d she said feel like on some level, everybody knows something is not right here.\u201d \u2014 Sharai Bohannon, playwright and house manager Ballmer, Hogan\u2019s roommate, said Hogan\u2019s distress isn\u2019t just tied to what he alleges McGibbon did think what\u2019s continuously hurting him is also IU\u2019s response,\u201d Ballmer said. Hogan said he experienced night terrors and sleep paralysis multiple times a week as the investigation unfolded. He felt ostracized by the relatively small theater community. Other students didn\u2019t talk to him directly about the allegations, but he felt everyone knew. Hogan has considered leaving IU, but he decided to stay for two reasons: He\u2019s almost done with his degree, and he wants closure. He feels like his efforts to protect other students are far from done. \u201cIf had known that this process was ahead,\u201d Hogan said probably would have just not said anything.\u201d 2/22/25, 6:33 concerning pattern\u2019 \| Indiana Daily Student 13/15 2/22/25, 6:33 concerning pattern\u2019 \| Indiana Daily Student 14/15 Hogan sits in the lobby of the Department of Theatre, Drama, and Contemporary Dance. He reported allegations of sexual harassment in 2018, hoping other theater students would be protected. If you or someone you know has been sexually harassed by any faculty member, your story deserves to be told. Contact the at [email protected] list of resources is available here if you or someone you know has experienced sexual harassment or abuse. Please note some of these resources are affiliated. About this story To report this story, the spent two months talking to several experts and 18 people involved with the Department of Theatre, Drama, and Contemporary Dance. The allegations reflected in the story were quoted and paraphrased from emails, interviews and official Title documents. \uf099 Tweet \uf09a Share \uf0e0 Email Support independent, award-winning student journalism. Donate. \u00a9 Copyright 2020 Indiana Daily Student 2/22/25, 6:33 concerning pattern\u2019 \| Indiana Daily Student 15/15", "8618_107.pdf": "BLOOMINGTON, Ind. (AP) \u2014 An Indiana University professor accused of sexual harassment has left the school announced Friday. Murray McGibbon, who had been an associate professor in the Department of Theatre, Drama, and Contemporary Dance, no longer is with the university, the announcement said. Josh Hogan, an junior, had accused McGibbon of sexual harassment in 2018. The Indiana Daily Student newspaper published an article this week detailing Hogan\u2019s accusations against McGibbon and a resulting 2019 investigation under the Title federal civil rights law. The article said the investigation found McGibbon sexually harassed Hogan in 2018 and revealed a \u201cconcerning pattern,\u201d The Herald Times reported spokesman Chuck Carney did not dispute any of the details presented in the Daily Student article and said Thursday that McGibbon was barred from interacting with Hogan and from directing plays while Hogan is a student. After the Daily Student article was published, multiple groups called for McGibbon\u2019s removal from the faculty published home telephone number for McGibbon could not be located and he could not be reached for comment professor leaves after sexual harassment allegation Updated 3:05 CST, October 30, 2020 Maine governor Ind vs Pak Postal Service Luigi draws crowd Jerry Butler dies 2/22/25, 6:33 professor leaves after sexual harassment allegation News 1/3 Steve Bannon is accused of doing a straight-arm Nazi salute at but says it was just \u2018a wave\u2019 Trump administration reverses its previous decision and reinstates legal aid for migrant children Judge largely blocks Trump\u2019s executive orders ending federal support for programs sues 3 Trump administration officials, citing freedom of speech 1 2 3 4 2/22/25, 6:33 professor leaves after sexual harassment allegation News 2/3 Trump fires Joint Chiefs of Staff chair Brown and 2 other military officers 5 2/22/25, 6:33 professor leaves after sexual harassment allegation News 3/3", "8618_108.pdf": "Following additional allegations, McGibbon resigned spokesperson Chuck Carney confirmed Oct. 30. 2/22/25, 6:34 theater allegations \| Indiana Daily Student 1/4 Written by Emily Isaacman [email protected] \| @emilyisaacman Web development by Vivek Rao [email protected] \| @v1vra0 The Indiana Daily Student published an investigation Oct. 26 detailing years of sexual harassment allegations against Murray McGibbon, an associate professor in the Department of Theatre, Drama, and Contemporary Dance determined McGibbon sexually harassed a freshman in 2018 and found a \u201cconcerning pattern by [McGibbon] of singling out certain students,\u201d according to a 2019 decision letter. McGibbon taught 33 students in three acting and directing classes this semester. Read our investigation and check back to this page for updates. \u2018Start of a much longer fight students rally after professor Murray McGibbon resigns Published 5:03 p.m. Oct. 30, 2020 By Emily Isaacman McGibbon resigned following an investigation detailing sexual harassment allegations. Associate professor Murray McGibbon resigns following investigation into sexual harassment allegations Published 1:07 p.m. Oct. 30, 2020 By Emily Isaacman The Indiana Daily Student published years of sexual harassment allegations against McGibbon on Monday alumni come forward with additional sexual harassment allegations against Murray McGibbon Published 7:23 p.m. Oct. 29, 2020 By Emily Isaacman 2/22/25, 6:34 theater allegations \| Indiana Daily Student 2/4 An alum said he reported McGibbon to Title in 2019 because he noticed a pattern Title Committee calls IU\u2019s inaction on sexual harassment allegations \u2018incomprehensible\u2019 Published 3:06 p.m. Oct. 29, 2020 By Emily Isaacman The new committee said it is working to hold the university accountable graduate student government demands Murray McGibbon stop teaching Published 2:09 p.m. Oct. 28, 2020 By Emily Isaacman The call came after the published years of sexual harassment allegations against McGibbon. Students call for to fire theater professor after publishes sexual harassment allegations Published 10:14 p.m. Oct. 27, 2020 By Emily Isaacman Associate professor Murray McGibbon teaches three acting and directing classes put me and my classmates in danger. Why weren't we warned about Murray McGibbon? Published 4:54 p.m. Oct. 27, 2020 By Maggie Mulligan is actively betraying the theater department and every student in it. 2/22/25, 6:34 theater allegations \| Indiana Daily Student 3/4 found a professor sexually harassed a freshman, allowed him to continue teaching Last updated at 9:30 a.m. Oct. 28, 2020 By Emily Isaacman After found a \u2018concerning pattern,\u2019 another student reported the professor for sexual harassment. Support independent, award-winning student journalism. Donate. \u00a9 Copyright 2020 Indiana Daily Student 2/22/25, 6:34 theater allegations \| Indiana Daily Student 4/4"}

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